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 60--H.F.No. 2310

An act

relating to state government; appropriating money for environment, natural resources, climate, and energy; appropriating money from environment and natural resources trust fund; modifying prior appropriations; providing for and modifying disposition of certain receipts; modifying and establishing duties, authorities, and prohibitions regarding environment and natural resources; modifying and creating environment and natural resources programs; modifying and creating grant programs; modifying permit and environmental review requirements; modifying requirements for recreational vehicles; modifying state trail, state forest, and state park provisions; authorizing sales, conveyances, and leases of certain state lands; modifying forestry provisions; modifying game and fish provisions; modifying regulation of farmed Cervidae; regulating certain seeds and pesticides; modifying Water Law; modifying and providing for fees; establishing a biennial budget for Department of Commerce, Public Utilities Commission, and energy, climate, and clean energy activities; establishing and modifying provisions governing energy, clean and renewable energy, energy storage, energy use and conservation, and utility regulation; adding and modifying provisions governing Public Utilities Commission proceedings; making technical changes; requiring reports; requiring rulemaking;

amending Minnesota Statutes 2022, sections 16A.151, subdivision 2, as amended; 16B.325, subdivision 2; 16C.135, subdivision 3; 16C.137, subdivision 1; 18B.01, subdivision 31; 18B.09, subdivision 2, by adding a subdivision; 21.86, subdivision 2; 35.155, subdivisions 1, 4, 10, 11, 12, by adding subdivisions; 35.156, subdivision 2, by adding subdivisions; 84.02, by adding a subdivision; 84.415, subdivisions 3, 6, 7, by adding a subdivision; 84.66, subdivision 7; 84.788, subdivision 5; 84.82, subdivision 2, by adding a subdivision; 84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision 1; 84.90, subdivision 7; 84.922, subdivision 4; 84.992, subdivisions 2, 5; 84D.02, subdivision 3; 84D.10, subdivision 3; 85.015, subdivision 10; 85.052, subdivision 6; 85A.01, subdivision 1; 86B.005, by adding a subdivision; 86B.313, subdivision 4; 86B.415, subdivisions 1, 1a, 2, 3, 4, 5; 89A.03, subdivision 5; 89A.11; 90.181, subdivision 2; 97A.015, subdivision 51, by adding a subdivision; 97A.031; 97A.045, subdivision 5; 97A.126; 97A.137, subdivisions 3, 5; 97A.315, subdivision 1; 97A.401, subdivision 1, by adding a subdivision; 97A.405, subdivisions 2, 5; 97A.420, subdivision 1; 97A.421, subdivision 3; 97A.465, subdivisions 3, 8; 97A.475, subdivision 41; 97B.031, subdivision 1; 97B.037; 97B.071; 97B.301, subdivisions 2, 6; 97B.668; 97C.041; 97C.315, subdivision 1; 97C.345, subdivision 1; 97C.355, by adding a subdivision; 97C.371, subdivisions 1, 2, 4; 97C.395, subdivision 1; 97C.601, subdivision 1; 97C.605, subdivisions 1, 2c, 3; 97C.611; 97C.836; 103B.101, subdivisions 2, 9, 16, by adding a subdivision; 103B.103; 103C.501, subdivisions 1, 4, 5, 6, by adding a subdivision; 103D.605, subdivision 5; 103F.505; 103F.511, by adding subdivisions; 103G.005, by adding subdivisions; 103G.2242, subdivision 1; 103G.271, subdivision 6; 103G.287, subdivisions 2, 3; 103G.299, subdivisions 1, 2, 5, 10; 103G.301, subdivisions 2, 6, 7; 115.01, by adding subdivisions; 115.03, subdivision 1; 115.061; 115A.03, by adding subdivisions; 115A.1415; 115A.49; 115A.51; 115A.54, subdivisions 1, 2, 2a, as amended; 115A.565, subdivisions 1, 3; 115B.17, subdivision 14; 115B.171, subdivision 3; 115B.52, subdivision 4; 116.07, by adding a subdivision; 116C.03, subdivision 2a; 116C.779, subdivision 1; 116C.7792; 116P.05, subdivisions 1, 1a, 2; 116P.09, subdivision 6; 116P.11; 116P.15; 116P.16; 116P.18; 168.27, by adding a subdivision; 171.07, by adding a subdivision; 216B.096, subdivision 11; 216B.16, subdivision 10; 216B.164, by adding a subdivision; 216B.1641; 216B.1645, subdivision 4; 216B.1691, by adding a subdivision; 216B.17, subdivision 1; 216B.2402, subdivision 16; 216B.2424, subdivision 5c; 216B.2425, subdivision 3, by adding a subdivision; 216B.243, subdivision 8, as amended; 216B.50, subdivision 1; 216B.62, subdivision 3b; 216C.08; 216C.09; 216C.264, subdivision 5, by adding subdivisions; 216C.375; 216C.435, subdivision 8; 216C.436, subdivision 2, by adding a subdivision; 216E.01, subdivision 6, by adding a subdivision; 216E.03, subdivisions 1, 3, 5, as amended, 6, 7, as amended; 216E.04, subdivision 2, as amended; 216E.05, subdivision 2; 216E.06; 216E.07; 216E.10; 216G.02, subdivision 1; 216H.02, subdivision 1; 237.55; 297A.94; 325E.046; 325F.072, subdivisions 1, 3, by adding a subdivision; 373.475; 515B.2-103; 515B.3-102; Laws 2005, chapter 97, article 10, section 3, as amended; Laws 2021, First Special Session chapter 6, article 5, section 2, subdivision 9; Laws 2022, chapter 94, section 2, subdivisions 5, 8, 9; Laws 2023, chapter 9, section 19; proposing coding for new law in Minnesota Statutes, chapters 16B; 18B; 21; 84; 86B; 97B; 97C; 103B; 103F; 103G; 115A; 116; 116P; 123B; 216B; 216C; 325E; 473; 500; repealing Minnesota Statutes 2022, sections 35.155, subdivision 14; 86B.101; 86B.305; 86B.313, subdivisions 2, 3; 97C.605, subdivisions 2, 2a, 2b, 5; 103C.501, subdivisions 2, 3; 115.44, subdivision 9; 116.011; 216C.376; 325E.389; 325E.3891; Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4; 6115.1220, subpart 8; 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, 8; 8400.0500; 8400.0550; 8400.0600, subparts 4, 5; 8400.0900, subparts 1, 2, 4, 5; 8400.1650; 8400.1700; 8400.1750; 8400.1800; 8400.1900.

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

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

Section 1.

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

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

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2024 new text end new text begin 2025 new text end

Sec. 2.

new text begin POLLUTION CONTROL AGENCY new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 305,345,000 new text end new text begin $ new text end new text begin 229,638,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 179,534,000 new text end new text begin 100,098,000 new text end
new text begin State Government Special Revenue new text end new text begin 85,000 new text end new text begin 90,000 new text end
new text begin Environmental new text end new text begin 106,055,000 new text end new text begin 109,203,000 new text end
new text begin Remediation new text end new text begin 19,671,000 new text end new text begin 20,247,000 new text end

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

new text begin The commissioner must present the agency's biennial budget for fiscal years 2026 and 2027 to the legislature in a transparent way by agency division, including the proposed budget bill and presentations of the budget to committees and divisions with jurisdiction over the agency's budget. new text end

new text begin Subd. 2. new text end

new text begin Environmental Analysis and Outcomes new text end

new text begin 79,311,000 new text end new text begin 72,785,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 60,103,000 new text end new text begin 53,047,000 new text end
new text begin Environmental new text end new text begin 18,959,000 new text end new text begin 19,533,000 new text end
new text begin Remediation new text end new text begin 249,000 new text end new text begin 205,000 new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (k) $50,266,000 the first year and $50,270,000 the second year are to establish and implement a local government climate resiliency and water infrastructure grant program for local governmental units and Tribal governments. Of this amount, $49,100,000 each year is for grants to support communities in planning and implementing projects that will allow for adaptation for a changing climate. At least 40 percent of the money granted under this paragraph must be for projects in areas that meet environmental justice criteria. By December 30, 2027, the commissioner must submit a report on the use of grant money to the chairs and ranking minority members of the legislative committees with jurisdiction over environment and natural resources finance. This appropriation is available until June 30, 2027. The base for this appropriation in fiscal year 2026 and beyond is $270,000. new text end

new text begin (l) $75,000 the first year is for a grant to the city of Fergus Falls to address water-quality concerns at Lake Alice. new text end

new text begin (m) $150,000 the first year is for a grant to Rice County to address water-quality concerns at French Lake. new text end

new text begin (n) $75,000 the first year is for a grant to Ramsey County to address water-quality concerns at Round Lake. new text end

new text begin (o) Recipients of money appropriated in paragraphs (l), (m), and (n) may use the grants to contract for water-quality improvement services, testing, necessary infrastructure, training, and maintenance. new text end

new text begin (p) $2,070,000 the first year and $2,070,000 the second year are from the environmental fund to develop and implement a program related to emerging issues, including Minnesota's PFAS Blueprint. new text end

new text begin (q) $1,820,000 the first year and $1,820,000 the second year are from the environmental fund to support improved management of data collected by the agency and its partners and regulated parties to facilitate decision-making and public access. new text end

new text begin (r) $500,000 the first year is from the general fund for the report on firefighter turnout gear and biomonitoring required under this act. Of this amount, up to $250,000 may be transferred to the commissioner of health for biomonitoring of firefighters. new text end

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

new text begin (t) $50,000 the first year is from the remediation fund for the work group on PFAS manufacturer fees and report required under this act. new text end

new text begin (u) $387,000 the first year and $90,000 the second year are to develop and implement the requirements for fish kills under Minnesota Statutes, sections 103G.216 and 103G.2165. Of this amount, up to $331,000 the first year and $90,000 the second year may be transferred to the commissioners of health, natural resources, agriculture, and public safety and to the Board of Regents of the University of Minnesota as necessary to implement those sections. The base for this appropriation for fiscal year 2026 and beyond is $7,000. new text end

new text begin (v) $63,000 the first year and $92,000 the second year are for transfer to the commissioner of health for amending the health risk limit for PFOS. This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin (w) $5,000,000 the first year is for community air-monitoring grants as provided in this act. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (x) $2,333,000 the first year and $2,333,000 the second year are to adopt rules and implement air toxics emissions requirements under Minnesota Statutes, section 116.062. The general fund appropriations are onetime and are available until June 30, 2027. The base for this appropriation is $0 in fiscal year 2026 and $1,400,000 from the environmental fund in fiscal year 2027 and beyond. new text end

new text begin Subd. 3. new text end

new text begin Industrial new text end

new text begin 45,214,000 new text end new text begin 26,929,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 26,415,000 new text end new text begin 7,475,000 new text end
new text begin Environmental new text end new text begin 17,078,000 new text end new text begin 17,681,000 new text end
new text begin Remediation new text end new text begin 1,721,000 new text end new text begin 1,773,000 new text end

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

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

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

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

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

new text begin (f) $19,100,000 the first year and $300,000 the second year are to support research on innovative technologies to treat difficult-to-manage pollutants and for implementation grants based on this research at taconite facilities. Of this amount, $2,100,000 is for the Board of Regents of the University of Minnesota for academic and applied research through the MnDRIVE program at the Natural Resources Research Institute for research to foster economic development of the state's natural resources in an environmentally sound manner and $16,700,000 is for grants. This appropriation is onetime and is available until June 30, 2027. new text end

new text begin (g) $280,000 the first year and $140,000 the second year are from the general fund for the purposes of the public informational meeting requirements under Minnesota Statutes, section 116.07, subdivision 4m. The general fund appropriations are onetime and are available until June 30, 2027. The base for this appropriation in fiscal year 2026 is $0 and the base for fiscal year 2027 is $140,000 from the environmental fund. new text end

new text begin (h) $250,000 the first year and $250,000 the second year are for rulemaking and implementation of the odor management requirements under Minnesota Statutes, section 116.064. new text end

new text begin (i) $2,457,000 the first year and $2,457,000 the second year are from the general fund for implementation of the environmental justice, cumulative impact analysis and other requirements under Minnesota Statutes, section 116.065. The general fund appropriations are onetime and are available until June 30, 2028. The base for this appropriation in fiscal year 2026 is $0 and the base for fiscal year 2027 is $2,500,000 from the environmental fund. new text end

new text begin (j) $1,088,000 the first year and $1,088,000 the second year are to support water permitting and compliance programs. This appropriation is available until June 30, 2027. This is a onetime appropriation. new text end

new text begin (k) The total general fund base budget for the industrial division for fiscal year 2026 and later is $250,000. new text end

new text begin Subd. 4. new text end

new text begin Municipal new text end

new text begin 11,269,000 new text end new text begin 11,917,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 1,305,000 new text end new text begin 1,311,000 new text end
new text begin State Government Special Revenue new text end new text begin 85,000 new text end new text begin 90,000 new text end
new text begin Environmental new text end new text begin 9,879,000 new text end new text begin 10,516,000 new text end

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

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

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

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

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

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

new text begin (c) $1,240,000 the first year and $1,338,000 the second year are from the environmental fund for subsurface sewage treatment system (SSTS) program administration and community technical assistance and education, including grants and technical assistance to communities for water-quality protection. Of this amount, $350,000 each year is for assistance to counties through grants for SSTS program administration. A county receiving a grant from this appropriation must submit the results achieved with the grant to the commissioner as part of its annual SSTS report. Any unexpended balance in the first year does not cancel but is available in the second year. new text end

new text begin (d) $994,000 the first year and $1,094,000 the second year are from the environmental fund to address the need for continued increased activity in new technology review, technical assistance for local governments, and enforcement under Minnesota Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128, article 1, section 165. new text end

new text begin (e) $1,088,000 the first year and $1,088,000 the second year are to support water permitting and compliance programs. This appropriation is available until June 30, 2027. This is a onetime appropriation. new text end

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

new text begin (g) The total general fund base budget for the municipal division for fiscal year 2026 and later is $223,000. new text end

new text begin Subd. 5. new text end

new text begin Operations new text end

new text begin 31,658,000 new text end new text begin 30,363,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 20,750,000 new text end new text begin 19,359,000 new text end
new text begin Environmental new text end new text begin 8,291,000 new text end new text begin 8,513,000 new text end
new text begin Remediation new text end new text begin 2,617,000 new text end new text begin 2,491,000 new text end

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

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

new text begin (c) $906,000 the first year and $919,000 the second year are from the environmental fund to develop and maintain systems to support agency permitting and regulatory business processes and data. new text end

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

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

new text begin (f) $270,000 the first year and $270,000 the second year are from the environmental fund to support current and future career pathways for underrepresented students. new text end

new text begin (g) $700,000 the first year and $700,000 the second year are from the environmental fund to improve the coordination, effectiveness, transparency, and accountability of the environmental review and permitting process. new text end

new text begin (h) $360,000 the first year and $360,000 the second are from the environmental fund to support financial planning and analysis to assist with risk and compliance management across agency programs and financial systems. new text end

new text begin Subd. 6. new text end

new text begin Remediation new text end

new text begin 42,458,000 new text end new text begin 16,162,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 27,140,000 new text end new text begin 140,000 new text end
new text begin Environmental new text end new text begin 607,000 new text end new text begin 628,000 new text end
new text begin Remediation new text end new text begin 14,711,000 new text end new text begin 15,394,000 new text end

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

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

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

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

new text begin (e) $25,000,000 the first year is for grants to support planning, designing, and preparing for solutions for public water treatment systems contaminated with PFAS and for the agency to conduct source investigations of PFAS contamination and to sample, address, and treat private drinking water wells. This appropriation is available until June 30, 2027, and is a onetime appropriation. new text end

new text begin (f) $76,000 the first year is from the remediation fund for the petroleum tank release cleanup program duties and report required under this act. This is a onetime appropriation. new text end

new text begin (g) $2,000,000 the first year is for a grant to St. Louis County to plan, design, and construct one or more facilities, structures, or other solutions to protect Lake Superior and other waters in the Great Lakes watershed from PFAS contamination from landfills. new text end

new text begin (h) $140,000 the first year and $140,000 the second year are for the Pig's Eye Landfill Task Force. This is a onetime appropriation. new text end

new text begin Subd. 7. new text end

new text begin Resource Management and Assistance new text end

new text begin 82,000,000 new text end new text begin 57,974,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 38,464,000 new text end new text begin 13,850,000 new text end
new text begin Environmental new text end new text begin 43,536,000 new text end new text begin 44,124,000 new text end

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

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

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

new text begin (d) $18,450,000 the first year and $18,450,000 the second year are from the environmental fund for SCORE block grants to counties. new text end

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

new text begin (f) $400,000 the first year and $400,000 the second year are from the environmental fund for grants to develop and expand recycling markets for Minnesota businesses. This appropriation is available until June 30, 2027. new text end

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

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

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

new text begin (j) $180,000 the first year and $140,000 the second year are for quantifying climate-related impacts from projects for environmental review. This is a onetime appropriation. This appropriation is available until June 30, 2026. new text end

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

new text begin (l) $190,000 the first year and $190,000 the second year are to support the Greenstep Cities program. This is a onetime appropriation. This appropriation is available until June 30, 2026. new text end

new text begin (m) $420,000 the first year is to complete a study on the viability of recycling solar energy equipment. This is a onetime appropriation and is available until June 30, 2026. new text end

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

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

new text begin (p) $12,940,000 the first year and $12,940,000 the second year are for a waste prevention and reduction grants and loan program. This is a onetime appropriation and is available until June 30, 2027. Of this amount in the first year, $7,950,000 is for waste prevention and reduction grants and loans and $3,000,000 is for a grant to the owner of a biomass energy generation plant in Shakopee that uses waste heat from the generation of electricity in the malting process to purchase a wood dehydrator to facilitate disposal of wood that is infested by the emerald ash borer. Of this amount in the second year, $10,950,000 is for waste prevention and reduction grants and loans. By October 1, 2024, the commissioner of the Pollution Control Agency must report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources on the use of money appropriated for the wood dehydrator under this paragraph. new text end

new text begin (q) $16,562,000 the first year is for grants to a Minnesota nonprofit corporation that owns a cogeneration facility that serves a St. Paul district heating and cooling system to preserve existing biomass energy infrastructure for purposes of local and regional emerald ash borer response efforts. The commissioner of the Pollution Control Agency may require the nonprofit corporation to charge a fee per ton of wood waste delivered to the facility. This is a onetime appropriation and is available until June 30, 2030. new text end

new text begin (r) $1,163,000 the first year and $1,115,000 the second year are from the environmental fund for rulemaking and implementation of the new PFAS requirements under Minnesota Statutes, section 116.943. Of this amount, $312,000 the first year and $468,000 the second year are for transfer to the commissioner of health. new text end

new text begin (s) $680,000 the first year is for the resource management report required in this act. This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin (t) $35,000 the second year is from the environmental fund for the compostable labeling requirements under Minnesota Statutes, section 325E.046. The base for this appropriation in fiscal year 2026 and beyond is $68,000 from the environmental fund. new text end

new text begin (u) $175,000 the first year is for the rulemaking required under this act providing for the safe and lawful disposal of waste treated seed. This appropriation is available until June 30, 2025. new text end

new text begin (v) $1,000,000 the first year is for a lead tackle reduction program that provides outreach, education, and opportunities to safely dispose of and exchange lead tackle throughout the state. This is a onetime appropriation and is available until June 30, 2027. new text end

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

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

new text begin Subd. 8. new text end

new text begin Watershed new text end

new text begin 11,360,000 new text end new text begin 11,869,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 3,503,000 new text end new text begin 3,503,000 new text end
new text begin Environmental new text end new text begin 7,484,000 new text end new text begin 7,982,000 new text end
new text begin Remediation new text end new text begin 373,000 new text end new text begin 384,000 new text end

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

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

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

new text begin (d) $544,000 the first year and $544,000 the second year are to support water permitting and compliance programs. This appropriation is available until June 30, 2027. This is a onetime appropriation. new text end

new text begin Subd. 9. new text end

new text begin Environmental Quality Board new text end

new text begin 2,075,000 new text end new text begin 1,639,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 1,854,000 new text end new text begin 1,413,000 new text end
new text begin Environmental new text end new text begin 221,000 new text end new text begin 226,000 new text end

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

new text begin Subd. 10. new text end

new text begin Transfers new text end

new text begin (a) The commissioner must transfer up to $24,000,000 the first year and $24,000,000 the second year from the environmental fund to the remediation fund for purposes of the remediation fund under Minnesota Statutes, section 116.155, subdivision 2. The base for this transfer is $24,000,000 in fiscal year 2026 and beyond. new text end

new text begin (b) By June 30, 2024, the commissioner of management and budget must transfer $27,397,000 from the general fund to the metropolitan landfill contingency action trust account in the remediation fund to restore the money transferred from the account as intended under Laws 2003, chapter 128, article 1, section 10, paragraph (e), and Laws 2005, First Special Session chapter 1, article 3, section 17, and to compensate the account for the estimated lost investment income. new text end

new text begin (c) Beginning in fiscal year 2024, the commissioner of management and budget must transfer $100,000 each year from the general fund to the metropolitan landfill contingency action trust account in the remediation fund to restore the money transferred from the account as intended under Laws 2003, chapter 128, article 1, section 10, paragraph (e), and Laws 2005, First Special Session chapter 1, article 3, section 17. 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 535,868,000 new text end new text begin $ new text end new text begin 403,116,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 281,054,000 new text end new text begin 150,078,000 new text end
new text begin Natural Resources new text end new text begin 123,986,000 new text end new text begin 123,706,000 new text end
new text begin Game and Fish new text end new text begin 129,920,000 new text end new text begin 128,513,000 new text end
new text begin Remediation new text end new text begin 117,000 new text end new text begin 117,000 new text end
new text begin Permanent School new text end new text begin 791,000 new text end new text begin 702,000 new text end

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

new text begin Subd. 2. new text end

new text begin Land and Mineral Resources Management new text end

new text begin 9,937,000 new text end new text begin 9,670,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 4,937,000 new text end new text begin 4,670,000 new text end
new text begin Natural Resources new text end new text begin 4,438,000 new text end new text begin 4,438,000 new text end
new text begin Game and Fish new text end new text begin 344,000 new text end new text begin 344,000 new text end
new text begin Permanent School new text end new text begin 218,000 new text end new text begin 218,000 new text end

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

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

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

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

new text begin (e) $1,294,000 the first year and $484,000 the second year are for modernizing utility licensing for state lands and public waters. These appropriations are available through fiscal year 2028. This is a onetime appropriation. new text end

new text begin (f) The total general fund base budget for the land and mineral resources management division for fiscal year 2026 and later is $3,586,000. new text end

new text begin Subd. 3. new text end

new text begin Ecological and Water Resources new text end

new text begin 48,738,000 new text end new text begin 45,797,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 27,083,000 new text end new text begin 26,142,000 new text end
new text begin Natural Resources new text end new text begin 13,831,000 new text end new text begin 13,831,000 new text end
new text begin Game and Fish new text end new text begin 7,824,000 new text end new text begin 5,824,000 new text end

new text begin (a) $4,222,000 the first year and $4,222,000 the second year are from the invasive species account in the natural resources fund and $2,831,000 the first year and $2,831,000 the second year are from the general fund for management, public awareness, assessment and monitoring research, and water access inspection to prevent the spread of invasive species; management of invasive plants in public waters; and management of terrestrial invasive species on state-administered lands. new text end

new text begin (b) $6,056,000 the first year and $6,056,000 the second year are from the water management account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 103G.27, subdivision 2. new text end

new text begin (c) $124,000 the first year and $124,000 the second year are for a grant to the Mississippi Headwaters Board for up to 50 percent of the cost of implementing the comprehensive plan for the upper Mississippi within areas under the board's jurisdiction. By December 15, 2025, the board must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources on the activities funded under this paragraph and the progress made in implementing the comprehensive plan. new text end

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

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

new text begin (f) $2,598,000 the first year and $2,598,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (h), clause (1). new text end

new text begin (g) $1,150,000 the first year and $1,150,000 the second year are from the nongame wildlife management account in the natural resources fund for nongame wildlife management. Notwithstanding Minnesota Statutes, section 290.431, $100,000 the first year and $100,000 the second year may be used for nongame wildlife information, education, and promotion. new text end

new text begin (h) Notwithstanding Minnesota Statutes, section 84.943, $48,000 the first year and $48,000 the second year from the critical habitat private sector matching account may be used to publicize the critical habitat license plate match program. new text end

new text begin (i) $6,000,000 the first year and $6,000,000 the second year are for the following activities: new text end

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

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

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

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

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

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

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

new text begin (j) $2,410,000 the first year and $410,000 the second year are from the heritage enhancement account in the game and fish fund and $500,000 the first year and $500,000 the second year are from the general fund for grants to the Minnesota Aquatic Invasive Species Research Center at the University of Minnesota to prioritize, support, and develop research-based solutions that can reduce the effects of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems and to advance knowledge to inspire action by others. new text end

new text begin (k) $268,000 the first year and $268,000 the second year are for increased capacity for broadband utility licensing for state lands and public waters. This is a onetime appropriation and is available until June 30, 2028. new text end

new text begin (l) $998,000 the first year and $568,000 the second year are for protecting and restoring carbon storage in state-administered peatlands by reviewing and updating the state's peatland inventory, piloting a restoration project, and piloting trust fund buyouts. This is a onetime appropriation and is available until June 30, 2028. new text end

new text begin (m) $250,000 the first year is for a grant to the Minnesota Lakes and Rivers Advocates to work with civic leaders to purchase, install, and operate waterless cleaning stations for watercraft; conduct aquatic invasive species education; and implement education upgrades at public accesses to prevent invasive starry stonewort spread beyond the lakes already infested. This is a onetime appropriation and is available until June 30, 2025. new text end

new text begin (n) $1,720,000 the first year is to prevent and manage invasive carp. This includes activities related to the Mississippi River Lock and Dam and stakeholder engagement. Up to $325,000 may be used for a grant to the Board of Regents of the University of Minnesota to study the Mississippi River Lock Dam 5 spillway and provide preliminary design to optimize management to reduce invasive carp passage. new text end

new text begin (o) Up to $6,000,000 the first year is available for transfer from the critical habitat private sector matching account to the reinvest in Minnesota fund to expand Grey Cloud Island Scientific and Natural Area and for other scientific and natural area acquisition, restoration, and enhancement according to Minnesota Statutes, section 84.943, subdivision 5b. new text end

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

new text begin (q) $200,000 the first year is for a grant to the Board of Regents of the University of Minnesota for the University of Minnesota Water Council to develop a scope of work, timeline, and budget for a plan to promote and protect clean water in Minnesota for the next 50 years according to this act. new text end

new text begin (r) The total general fund base budget for the ecological and water resources division for fiscal year 2026 and later is $24,870,000. new text end

new text begin Subd. 4. new text end

new text begin Forest Management new text end

new text begin 69,423,000 new text end new text begin 71,765,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 51,645,000 new text end new text begin 53,987,000 new text end
new text begin Natural Resources new text end new text begin 16,161,000 new text end new text begin 16,161,000 new text end
new text begin Game and Fish new text end new text begin 1,617,000 new text end new text begin 1,617,000 new text end

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

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

new text begin (c) $1,617,000 the first year and $1,617,000 the second year are from the heritage enhancement account in the game and fish fund to advance ecological classification systems (ECS), forest habitat, and invasive species management. new text end

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

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

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

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

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

new text begin (i) $400,000 the first year and $400,000 the second year are to accelerate tree seed collection to support a growing demand for tree planting on public and private lands. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (j) $7,998,000 the first year and $7,998,000 the second year are for grants to local and Tribal governments and nonprofit organizations to enhance community forest ecosystem health and sustainability under Minnesota Statutes, section 88.82, the Minnesota ReLeaf program. This appropriation is available until June 30, 2027. Money appropriated for grants under this paragraph may be used to pay reasonable costs incurred by the commissioner of natural resources to administer the grants. The base is $400,000 beginning in fiscal year 2026. new text end

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

new text begin Subd. 5. new text end

new text begin Parks and Trails Management new text end

new text begin 118,305,000 new text end new text begin 111,680,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 42,952,000 new text end new text begin 36,707,000 new text end
new text begin Natural Resources new text end new text begin 73,053,000 new text end new text begin 72,673,000 new text end
new text begin Game and Fish new text end new text begin 2,300,000 new text end new text begin 2,300,000 new text end

new text begin (a) $8,485,000 the first year and $8,735,000 the second year are from the natural resources fund for state trail, park, and recreation area operations. This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (2). new text end

new text begin (b) $21,828,000 the first year and $22,078,000 the second year are from the state parks account in the natural resources fund to operate and maintain state parks and state recreation areas. new text end

new text begin (c) $1,300,000 the first year and $1,300,000 the second year are from the natural resources fund for park and trail grants to local units of government on land to be maintained for at least 20 years for parks or trails. Priority must be given for projects that are in underserved communities or that increase access to persons with disabilities. This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (4). Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (d) $9,624,000 the first year and $9,624,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for the snowmobile grants-in-aid program. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (e) $2,435,000 the first year and $2,435,000 the second year are from the natural resources fund for the off-highway vehicle grants-in-aid program. Of this amount, $1,960,000 each year is from the all-terrain vehicle account; $150,000 each year is from the off-highway motorcycle account; and $325,000 each year is from the off-road vehicle account. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (f) $2,250,000 the first year and $2,250,000 the second year are from the state land and water conservation account in the natural resources fund for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 84.0264, and the federal Land and Water Conservation Fund Act. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

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

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

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

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

new text begin (k) $5,000,000 the first year is to facilitate the transfer of land within Upper Sioux Agency State Park required under this act, including but not limited to the acquisition of any land necessary to facilitate the transfer. This is a onetime appropriation and is available until June 30, 2033. new text end

new text begin (l) $400,000 the first year and $600,000 the second year are from the natural resources fund for parks and trails of regional significance outside of the seven-county metropolitan area under Minnesota Statutes, section 85.535, based on the recommendations from the Greater Minnesota Regional Parks and Trails Commission. This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (i). new text end

new text begin (m) $400,000 the first year and $600,000 the second year are from the natural resources fund for projects and activities that connect diverse and underserved Minnesotans through expanding cultural environmental experiences, exploration of their environment, and outdoor recreational activities. This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (j). new text end

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

new text begin (o) $458,000 the first year is for a grant to Dakota County for improvements to the Swing Bridge Trailhead and historic Rock Island Swing Bridge along the Mississippi River Greenway, including LED lighting. new text end

new text begin (p) $1,200,000 the first year is for a grant to Dakota County for adding a public boat launch along the Mississippi River between South St. Paul and Hastings. new text end

new text begin (q) $400,000 the first year is for a grant to the city of Silver Bay for construction of the Silver Bay Trailhead. new text end

new text begin (r) $500,000 the first year is for a grant to the city of Chisholm for trail development, maintenance, and related amenities at Redhead Mountain Bike Park. new text end

new text begin (s) $1,900,000 the first year is for a grant to the town of Crane Lake for construction, improvements, and maintenance at one or more of the following locations: the Crane Lake Voyageurs National Park Visitor Center and Campground and the state-operated boat ramp at Crane Lake. This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin (t) The total general fund base budget for the parks and trails division for fiscal year 2026 and later is $35,707,000. new text end

new text begin Subd. 6. new text end

new text begin Fish and Wildlife Management new text end

new text begin 111,125,000 new text end new text begin 96,963,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 23,643,000 new text end new text begin 9,888,000 new text end
new text begin Natural Resources new text end new text begin 2,082,000 new text end new text begin 2,082,000 new text end
new text begin Game and Fish new text end new text begin 85,400,000 new text end new text begin 84,993,000 new text end

new text begin (a) $11,158,000 the first year and $11,158,000 the second year are from the heritage enhancement account in the game and fish fund only for activities specified under Minnesota Statutes, section 297A.94, paragraph (h), clause (1). Notwithstanding Minnesota Statutes, section 297A.94, five percent of this appropriation may be used for expanding hunter and angler recruitment and retention. new text end

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

new text begin (c) $5,150,000 the first year and $3,250,000 the second year are for inspections, investigations, and enforcement activities taken for the white-tailed deer farm program and for statewide response and management of chronic wasting disease. This appropriation is available until June 30, 2029. new text end

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

new text begin (e) $268,000 the first year and $268,000 the second year are for increased capacity for broadband utility licensing for state lands and public waters. This is a onetime appropriation and is available until June 30, 2028. new text end

new text begin (f) $10,000,000 the first year is for enhancing prairies and grasslands and restoring wetlands on state-owned wildlife management areas to sequester more carbon and enhance climate resiliency. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (g) $500,000 the first year and $500,000 the second year are from the general fund and $500,000 the first year and $500,000 the second year are from the heritage enhancement account in the game and fish fund for grants for natural-resource-based education and recreation programs serving youth under Minnesota Statutes, section 84.976, and for grant administration. Priority must be given to projects benefiting underserved communities. The base for this appropriation in fiscal year 2026 and beyond is $500,000 from the heritage enhancement account in the game and fish fund. The general fund appropriation is onetime. new text end

new text begin (h) $2,300,000 the first year is for a grant to the Fond du Lac Band of Lake Superior Chippewa to expand Minnesota's wild elk population and range. Consideration must be given to moving elk from existing herds in northwest Minnesota to the area of the Fond du Lac State Forest and the Fond du Lac Reservation in Carlton and southern St. Louis Counties. The Fond du Lac Band of Lake Superior Chippewa's elk reintroduction efforts must undergo thorough planning with the Department of Natural Resources to develop necessary capture and handling protocols, including protocols related to cervid disease management, and to produce postrelease state and Tribal elk comanagement plans. Of this amount, $300,000 is for the department for the purposes of this paragraph. This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin (i) $767,000 the first year is from the heritage enhancement account in the game and fish fund to examine the effects of neonicotinoid exposure on the reproduction and survival of Minnesota's game species, including deer and prairie chicken. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (j) $134,000 the first year and $134,000 the second year are from the heritage enhancement account in the game and fish fund for native fish conservation and classification. new text end

new text begin (k) $82,000 the first year is for the native fish reports required under this act. This is a onetime appropriation. new text end

new text begin (l) $65,000 the first year is for preparing the report on feral pigs and mink required under this act and holding at least one public meeting on the topic. new text end

new text begin (m) Up to $5,750,000 the first year and up to $2,225,000 the second year are available for transfer from the critical habitat private sector matching account to the reinvest in Minnesota fund for wildlife management areas acquisition, restoration, and enhancement according to Minnesota Statutes, section 84.943, subdivision 5b. new text end

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

new text begin (1) $200,000 each fiscal year is for grants of $25,000 or less; and new text end

new text begin (2) $100,000 each fiscal year is for grants in excess of $25,000. new text end

new text begin (o) $75,000 the first year is from the heritage enhancement account in the game and fish fund for enhanced fish stocking of white bass and crappies in lakes in the metropolitan area that have pier and shore fishing opportunities where communities are currently underserved. new text end

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

new text begin (q) $900,000 the first year is to create new or expand existing outreach and education programs for non-native English-speaking communities. Of this amount, $250,000 is for the commissioner of the Pollution Control Agency and $250,000 is for the Board of Water and Soil Resources for this purpose. Up to $400,000 may be used to expand the Fishing in the Neighborhood program for outreach to new and underserved audiences. This appropriation may be used for community outreach consultants for reaching new audiences. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 7. new text end

new text begin Enforcement new text end

new text begin 62,062,000 new text end new text begin 61,618,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 15,599,000 new text end new text begin 14,055,000 new text end
new text begin Natural Resources new text end new text begin 13,911,000 new text end new text begin 14,011,000 new text end
new text begin Game and Fish new text end new text begin 32,435,000 new text end new text begin 33,435,000 new text end
new text begin Remediation new text end new text begin 117,000 new text end new text begin 117,000 new text end

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

new text begin (b) $2,980,000 the first year and $2,980,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified under Minnesota Statutes, section 297A.94, paragraph (h), clause (1). new text end

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

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

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

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

new text begin (g) $2,900,000 of the general fund appropriation for fiscal years 2022 and 2023 in Laws 2021, First Special Session chapter 6, article 1, section 3, subdivision 7, paragraph (i), for inspections, investigations, and enforcement activities taken in conjunction with the Board of Animal Health for the white-tailed deer farm program is canceled no later than June 29, 2023. new text end

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

new text begin Subd. 8. new text end

new text begin Operations Support new text end

new text begin 1,984,000 new text end new text begin 1,408,000 new text end

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

new text begin (b) $300,000 the first year is for legal costs. The unencumbered amount of the general fund appropriation in Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 8, for legal costs, estimated to be $300,000, is canceled no later than June 29, 2023. new text end

new text begin Subd. 9. new text end

new text begin Pass Through Funds new text end

new text begin 4,294,000 new text end new text begin 4,215,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 3,211,000 new text end new text begin 3,221,000 new text end
new text begin Natural Resources new text end new text begin 510,000 new text end new text begin 510,000 new text end
new text begin Permanent School new text end new text begin 573,000 new text end new text begin 484,000 new text end

new text begin (a) $510,000 the first year and $510,000 the second year are from the natural resources fund for grants to be divided equally between the city of St. Paul for the Como Park Zoo and Conservatory and the city of Duluth for the Lake Superior Zoo. This appropriation is from revenue deposited to the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (5). new text end

new text begin (b) $211,000 the first year and $221,000 the second year are for the Office of School Trust Lands. new text end

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

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

new text begin (e) $3,000,000 the first year and $3,000,000 the second year are for proportional payments to Tribes receiving payments under Minnesota Statutes, section 97A.157. This is a onetime appropriation. The commissioner must work with the signatory Tribes to update and amend the affected agreement. new text end

new text begin Subd. 10. new text end

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

new text begin 110,000,000 new text end new text begin -0- new text end

new text begin (a) $110,000,000 the first year is for modernizing Minnesota's state-managed outdoor recreation experiences. Of this amount: new text end

new text begin (1) $25,000,000 is for enhancing access and welcoming new users to public lands and outdoor recreation facilities, including improvements to improve climate resiliency; new text end

new text begin (2) $5,000,000 is for modernizing camping and related infrastructure, including improvements to improve climate resiliency; new text end

new text begin (3) $35,000,000 is for modernizing fish hatcheries and fishing infrastructure; new text end

new text begin (4) $10,000,000 is for restoring streams and modernizing water-related infrastructure with priority given to fish habitat improvements, dam removal, and improvements to improve climate resiliency; and new text end

new text begin (5) $35,000,000 is for modernizing boating access. new text end

new text begin (b) Priority for money allocated under paragraph (a), clauses (1), (3), (4), and (5), must be given to projects where communities are currently underserved. new text end

new text begin (c) The commissioner may reallocate money appropriated in paragraph (a) across those purposes based on project readiness and priority. The appropriations in paragraph (a) are available until June 30, 2029. new text end

new text begin (d) No later than November 30 each year, the commissioner must provide a progress report on the expenditure of money appropriated under this subdivision to the chairs of the legislative committees with jurisdiction over environment and natural resources finance. new text end

new text begin Subd. 11. new text end

new text begin Fiscal Year 2023 Appropriation new text end

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

new text begin Subd. 12. new text end

new text begin Transfer new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 3, 7, 8, 11, and 12 are effective the day following final enactment. new text end

Sec. 4.

new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end new text begin 61,943,000 new text end new text begin $ new text end new text begin 58,131,000 new text end

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

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

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

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

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

new text begin (d) $166,000 the first year and $166,000 the second year are to provide technical assistance to local drainage management officials and for the costs of the Drainage Work Group. The board must coordinate the activities of the Drainage Work Group according to Minnesota Statutes, section 103B.101, subdivision 13. The Drainage Work Group must review a drainage authority's power under Minnesota Statutes, chapter 103E, to consider the abandonment or dismantling of drainage systems; to re-meander, restore, or reconstruct a natural waterway that has been modified by drainage; or to deconstruct dikes, dams, or other water-control structures. new text end

new text begin (e) $100,000 the first year and $100,000 the second year are for a grant to the Red River Basin Commission for water quality and floodplain management, including program administration. This appropriation must be matched by nonstate funds. new text end

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

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

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

new text begin (i) $2,000,000 the first year and $2,000,000 the second year are for the lawns to legumes program under Minnesota Statutes, section 103B.104. The board may enter into agreements with local governments, Metro Blooms, and other organizations to support this effort. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (j) $2,000,000 the first year and $2,000,000 the second year are for the habitat enhancement landscape program under Minnesota Statutes, section 103B.106. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (k) $10,557,000 the first year and $10,557,000 the second year are for soil health activities to achieve water quality, soil productivity, climate change resiliency, or carbon sequestration benefits consistent with Minnesota Statutes, section 103F.06. This is a onetime appropriation and is available until June 30, 2027. The board may use grants to local governments, including soil and water conservation districts, and agreements with the United States Department of Agriculture; the University of Minnesota, Office for Soil Health; AgCentric, Minnesota State Northern Center of Excellence; and other practitioners and partners to accomplish this work. new text end

new text begin (l) $203,000 the first year and $203,000 the second year are for soil health practice adoption purposes consistent with the cost-sharing provisions of Minnesota Statutes, section 103C.501, and for soil health program responsibilities in consultation with the University of Minnesota Office for Soil Health. new text end

new text begin (m) $10,500,000 the first year and $10,500,000 the second year are for conservation easements and to restore and enhance grasslands and adjacent lands consistent with Minnesota Statutes, sections 103F.501 to 103F.531, for the purposes of climate resiliency, adaptation, carbon sequestration, and related benefits. Of this amount, up to $423,000 is for deposit in the water and soil conservation easement stewardship account established under Minnesota Statutes, section 103B.103. This is a onetime appropriation and is available until June 30, 2029. The board must give priority to leveraging nonstate funding, including practices, programs, and projects funded by the U.S. Department of Agriculture via the Conservation Reserve Enhancement Program, the Conservation Reserve Program, the Federal Inflation Reduction Act, the Federal Farm Bill, or the Climate-Smart Commodities Program. new text end

new text begin (n) $4,000,000 the first year and $5,000,000 the second year are to acquire conservation easements and to restore and enhance peatlands and adjacent lands consistent with Minnesota Statutes, sections 103F.501 to 103F.531, for the purposes of climate resiliency, adaptation, carbon sequestration, and related benefits. Of this amount, up to $299,000 is for deposit in the water and soil conservation easement stewardship account established under Minnesota Statutes, section 103B.103. This is a onetime appropriation and is available until June 30, 2029. The board must give priority to leveraging nonstate funding, including practices, programs, and projects funded by the U.S. Department of Agriculture via the Conservation Reserve Enhancement Program, the Conservation Reserve Program, the Federal Inflation Reduction Act, the Federal Farm Bill, or the Climate-Smart Commodities Program. new text end

new text begin (o) $2,000,000 the first year and $2,000,000 the second year are to enhance existing easements established under Minnesota Statutes, sections 103F.501 to 103F.531. Enhancements are for the purposes of climate resiliency, adaptation, and carbon sequestration and include but are not limited to increasing biodiversity and mitigating the effects of rainfall and runoff events. This is a onetime appropriation and is available until June 30, 2029. The board must give priority to leveraging nonstate funding, including practices, programs, and projects funded by the U.S. Department of Agriculture via the Conservation Reserve Enhancement Program, the Conservation Reserve Program, the Federal Inflation Reduction Act, the Federal Farm Bill, or the Climate-Smart Commodities Program. new text end

new text begin (p) $8,500,000 the first year and $8,500,000 the second year are for water quality and storage practices and projects to protect infrastructure, improve water quality and related public benefits, and mitigate climate change impacts consistent with Minnesota Statutes, section 103F.05. This is a onetime appropriation and is available until June 30, 2029. The board must give priority to leveraging nonstate funding, including practices, programs, and projects funded by the U.S. Department of Agriculture via the Conservation Reserve Enhancement Program, the Conservation Reserve Program, the Federal Inflation Reduction Act, the Federal Farm Bill, or the Climate-Smart Commodities Program. new text end

new text begin (q) $4,673,000 the first year and $4,673,000 the second year are for natural resources block grants to local governments to implement the Wetland Conservation Act and shoreland management program under Minnesota Statutes, chapter 103F, and local water management responsibilities under Minnesota Statutes, chapter 103B. The board may reduce the amount of the natural resources block grant to a county by an amount equal to any reduction in the county's general services allocation to a soil and water conservation district from the county's previous year allocation when the board determines that the reduction was disproportionate. The base for this appropriation in fiscal year 2026 and beyond is $3,423,000. new text end

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

new text begin (s) $3,000,000 the first year is to provide onetime state incentive payments to enrollees in the federal Conservation Reserve Program (CRP) during the continuous enrollment period and to enroll complementary areas in conservation easements consistent with Minnesota Statutes, section 103F.515. The board may establish payment rates based on land valuation and on environmental benefit criteria, including but not limited to surface water or groundwater pollution reduction, drinking water protection, soil health, pollinator and wildlife habitat, and other conservation enhancements. The board may use state funds to implement the program and to provide technical assistance to landowners or their agents to fulfill enrollment and contract provisions. The board must consult with the commissioners of agriculture, health, natural resources, and the Pollution Control Agency and the United States Department of Agriculture in establishing program criteria. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (t) $2,000,000 the first year is to acquire conservation easements from landowners to preserve, restore, create, and enhance wetlands and associated uplands of prairie and grasslands and to restore and enhance rivers and streams, riparian lands, and associated uplands of prairie and grasslands, in order to protect soil and water quality, support fish and wildlife habitat, reduce flood damage, and provide other public benefits. Minnesota Statutes, section 103F.515, applies to this program. The board must give priority to leveraging federal money by enrolling targeted new lands or enrolling environmentally sensitive lands that have expiring federal conservation agreements. The board is authorized to enter into new agreements and amend past agreements with landowners as required by Minnesota Statutes, section 103F.515, subdivision 5, to allow for restoration. Up to five percent of this appropriation may be used for restoration and enhancement. new text end

new text begin (u) $5,623,000 the first year and $5,804,000 the second year are for agency administration and operation of the Board of Water and Soil Resources. new text end

new text begin (v) $500,000 the first year and $500,000 the second year are for the habitat-friendly utilities program under Minnesota Statutes, section 103B.105. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (w) The board may shift money in this section and may adjust the technical and administrative assistance portion of the funds to leverage federal or other nonstate funds or to address accountability, oversight, local government performance, or high-priority needs. new text end

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

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

Sec. 5.

new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end new text begin 32,240,000 new text end new text begin $ new text end new text begin 11,490,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 23,290,000 new text end new text begin 2,540,000 new text end
new text begin Natural Resources new text end new text begin 8,950,000 new text end new text begin 8,950,000 new text end

new text begin (a) $8,540,000 the first year and $2,540,000 the second year are for metropolitan-area regional parks operation and maintenance according to Minnesota Statutes, section 473.351. new text end

new text begin (b) $8,950,000 the first year and $8,950,000 the second year are from the natural resources fund for metropolitan-area regional parks and trails maintenance and operations. This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (3). new text end

new text begin (c) $9,000,000 the first year is to modernize regional parks and trails. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (d) $2,750,000 the first year is for capital improvements to the municipal wastewater collection system within the city of Newport to reduce the amount of inflow and infiltration to the sanitary sewer disposal system. This is a onetime appropriation and is available until June 30, 2026. new text end

new text begin (e) $1,000,000 the first year is for grants to implementing agencies to remove hazardous trees and replace ash trees with more diverse, climate-adapted species within the metropolitan regional park system. This is a onetime appropriation. new text end

new text begin (f) $2,000,000 the first year is to develop a comprehensive plan to ensure communities in the White Bear Lake area have access to sufficient safe drinking water to allow for municipal growth while simultaneously ensuring the sustainability of surface water and groundwater resources to supply the needs of future generations. The Metropolitan Council must establish a work group consisting of the commissioners of natural resources, health, and the Pollution Control Agency or their designees and representatives from the Metropolitan Area Water Supply Advisory Committee; the St. Paul Regional Water Services; the cities of Stillwater, Mahtomedi, Hugo, Lake Elmo, Lino Lakes, North St. Paul, Oakdale, Vadnais Heights, Shoreview, Woodbury, New Brighton, North Oaks, and White Bear Lake; and the town of White Bear to advise the council in developing the comprehensive plan. This is a onetime appropriation and is available until June 30, 2027. The comprehensive plan must: new text end

new text begin (1) evaluate methods for conserving and recharging groundwater in the area, including: new text end

new text begin (i) converting water supplies that are groundwater dependent to total or partial supplies from surface water sources; new text end

new text begin (ii) reusing water, including water discharged from contaminated wells; new text end

new text begin (iii) projects designed to increase groundwater recharge; and new text end

new text begin (iv) other methods for reducing groundwater use; new text end

new text begin (2) based on the evaluation conducted under clause (1), determine which existing groundwater supply wells, if converted to surface water sources, would be most effective and efficient in ensuring future water sustainability in the area; new text end

new text begin (3) identify a long-term plan for converting groundwater supply wells identified in clause (2) to surface water sources, including recommendations on water supply governance and concept-level engineering that addresses preliminary design considerations, including supply source, treatment, distribution, operation, and financing needed to complete any changes to water supply infrastructure; new text end

new text begin (4) include any policy and funding recommendations for converting groundwater supply wells to surface water sources, recommendations for treating and reusing wastewater, and any other recommendations for additional measures that reduce groundwater use, promote water reuse, and increase groundwater recharge; new text end

new text begin (5) include any policy and funding recommendations for local wastewater treatment and recharge; and new text end

new text begin (6) be submitted to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources finance and policy by June 30, 2027. new text end

Sec. 6.

new text begin CONSERVATION CORPS MINNESOTA new text end

new text begin $ new text end new text begin 1,070,000 new text end new text begin $ new text end new text begin 1,070,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 580,000 new text end new text begin 580,000 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 14,244,000 new text end new text begin $ new text end new text begin 13,812,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 13,989,000 new text end new text begin 13,557,000 new text end
new text begin Natural Resources new text end new text begin 255,000 new text end new text begin 255,000 new text end

new text begin (a) $255,000 the first year and $255,000 the second year are from the natural resources fund from revenue deposited under Minnesota Statutes, section 297A.94, paragraph (h), clause (5). new text end

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

Sec. 8.

new text begin SCIENCE MUSEUM new text end

new text begin $ new text end new text begin 8,200,000 new text end new text begin $ new text end new text begin 1,260,000 new text end

new text begin $7,000,000 the first year is for debt reduction, rehiring and retaining employees, supporting employee contracts, and diversity and inclusion training and outreach. new text end

Sec. 9.

new text begin UNIVERSITY OF MINNESOTA new text end

new text begin $ new text end new text begin 1,500,000 new text end new text begin $ new text end new text begin -0- new text end

new text begin (a) $1,000,000 the first year is for the Minnesota Aquatic Invasive Species Research Center to enhance and implement the center's aquatic invasive species research-based solutions through: new text end

new text begin (1) implementation of a watershed-scale carp management plan and additional research focused on site-specific method refinement and evaluation; new text end

new text begin (2) creation of a long-term monitoring program with state and local partners that evaluates the feasibility of whole-lake zebra mussel control projects and the development of criteria for selecting and managing lakes; new text end

new text begin (3) refinement and implementation of large-scale surveillance and early detection methods for high-priority aquatic invasive species, including but not limited to zebra mussels, spiny water flea, and starry stonewort; and new text end

new text begin (4) development and sharing, with relevant experts and stakeholders, contingency plans regarding the potential risks of aquatic invasive species. The contingency plans must provide a blueprint for preparedness and response planning documents, including authoritative risk communication, education, and outreach materials. The communication, education, and outreach materials must be prepared in multiple languages, including but not limited to Tribal languages. new text end

new text begin (b) The board must ensure that the Minnesota Aquatic Invasive Species Research Center coordinates research activities funded under paragraph (a) with Tribal governments. new text end

new text begin (c) The appropriation under paragraph (a) is onetime and available until June 30, 2027. new text end

new text begin (d) $500,000 the first year is for a multidisciplinary research study involving several departments of the University of Minnesota, including the Department of Forest Resources; Department of Soil, Water, and Climate; Department of Bioproducts and Biosystems Engineering; and Department of Applied Economics, of lowland conifer stands over 40 acres that are under state management. The study must provide spatial estimates for carbon found in aboveground biomass, as well as soils and peat; develop strategies that maximize mitigation of global climate change; and provide recommendations for maximizing climate resilience, encouraging biodiversity, and providing air- and water-quality benefits. A report with the results of the study must be submitted to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources by January 15, 2027. This is a onetime appropriation and is available until June 30, 2027. new text end

Sec. 10.

new text begin PUBLIC SAFETY new text end

new text begin $ new text end new text begin -0- new text end new text begin $ new text end new text begin 229,000 new text end

new text begin $229,000 the second year is from the fire safety account in the special revenue fund for purposes of the class B firefighting foam requirements under Minnesota Statutes, section 325F.072. This is a onetime appropriation and is available until June 30, 2026. new text end

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES TRUST FUND

Section 1.

new text begin 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 environment and natural resources trust fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium" is fiscal years 2024 and 2025. Any unencumbered balance remaining in the first year does not cancel and is available for the second year or until the end of the appropriation. These are onetime appropriations. new text end

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2024 new text end new text begin 2025 new text end

Sec. 2.

new text begin MINNESOTA 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 79,833,000 new text end new text begin $ new text end new text begin -0- new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin Environment and Natural Resources Trust Fund new text end new text begin 79,644,000 new text end new text begin -0- new text end
new text begin Great Lakes Protection Account new text end new text begin 189,000 new text end new text begin -0- 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 Definitions new text end

new text begin (a) "Trust fund" means the Minnesota environment and natural resources trust fund established under the Minnesota Constitution, article XI, section 14. new text end

new text begin (b) "Great Lakes protection account" means the account referred to in Minnesota Statutes, section 116Q.02. new text end

new text begin Subd. 3. new text end

new text begin Foundational Natural Resource Data and Information new text end

new text begin 8,219,000 new text end new text begin -0- new text end
new text begin (a) Assessing Restorations for Rusty-Patched and Other Bumblebee Habitat new text end

new text begin $75,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Friends of the Mississippi River to assess how prairie restoration and different restoration seeding methods affect bumblebee abundance, diversity, and habitat and make recommendations to improve restoration outcomes. new text end

new text begin (b) Removing Barriers to Carbon Market Entry new text end

new text begin $482,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to develop ground-tested carbon stock models of forest resources throughout Minnesota to enable better resource management of public and private forests as well as generate reliable tools for landowners seeking to enter carbon markets. new text end

new text begin (c) Mapping Migratory Bird Pit Stops in Minnesota new text end

new text begin $340,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the National Audubon Society, Minnesota office, to identify avian migratory stopover sites, develop a shared decision-support tool, and publish guidance for conserving migratory birds in Minnesota. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin (d) Enhancing Knowledge of Minnesota River Fish Ecology new text end

new text begin $199,000 the first year is from the trust fund to the commissioner of natural resources to collect baseline information about the diets, distribution, status, and movement patterns of fish in the Minnesota River to inform management and conservation decisions. new text end

new text begin (e) Changing Distribution of Flying Squirrel Species in Minnesota new text end

new text begin $186,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute in Duluth to determine current distribution and habitat associations of northern and southern flying squirrels to fill key knowledge gaps in flying squirrel status in Minnesota. new text end

new text begin (f) Statewide Forest Carbon Inventory and Change Mapping new text end

new text begin $987,000 the first year is from the trust fund to the commissioner of natural resources to work with Minnesota Forest Resources Council, Minnesota Forestry Association, the Board of Water and Soil Resources, and the University of Minnesota to develop a programmatic approach and begin collecting plot-based inventories on private forestland for use with remote sensing data to better assess changing forest conditions and climate mitigation opportunities across all ownerships in the state. new text end

new text begin (g) Predicting the Future of Aquatic Species by Understanding the Past new text end

new text begin $170,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to use past and present information to model future ranges of native aquatic species in Minnesota to generate publicly available tools for species and habitat management. new text end

new text begin (h) Assessing Status of Common Tern Populations in Minnesota new text end

new text begin $199,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute in Duluth to assess the population status of Common Tern breeding colonies in Minnesota, implement management activities, and develop a standardized monitoring protocol and online database for accessing current and historic monitoring data to help prioritize conservation and restoration actions for this state-threatened species. new text end

new text begin (i) Salvaged Wildlife to Inform Environmental Health, Ecology, and Education new text end

new text begin $486,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota, Bell Museum of Natural History, to establish a statewide network to collect, analyze, and archive salvaged dead wildlife and build a foundation of biodiversity resources to track ecosystem-wide changes, monitor environmental health, and educate Minnesotans about the value of scientific specimens. new text end

new text begin (j) Developing Conservation Priorities for Rare and Specialist Bees new text end

new text begin $619,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to collect data on rare and specialist bees and their habitat preferences, determine their conservation status, and develop strategies to improve their chances of survival. new text end

new text begin (k) Efficacy of Urban Archery Hunting to Manage Deer new text end

new text begin $393,000 the first year is from the trust fund to the Board of Trustees of the Minnesota State Colleges and Universities for Bemidji State University to conduct an analysis of deer survival, habitat use, and hunter data in the city of Bemidji to improve special archery hunt management practices in urban areas of the state. new text end

new text begin (l) Mapping the Ecology of Urban and Rural Canids new text end

new text begin $601,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to determine how disease prevalence, diet, habitat use, and interspecies interactions of coyotes and foxes change from urban to rural areas along the Mississippi River corridor. new text end

new text begin (m) Maximizing Lowland Conifer Ecosystem Services - Phase II new text end

new text begin $482,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to continue monitoring forested peatland hydrology and wildlife, conduct new wildlife and habitat surveys, and quantify carbon storage to provide support for management decisions. new text end

new text begin (n) Modernizing Minnesota's Wildlife (and Plant) Action Plan new text end

new text begin $889,000 the first year is from the trust fund to the commissioner of natural resources to modernize the Minnesota Wildlife Action Plan by filling critical data gaps, including adding rare plants to the plan, and standardizing conservation status assessment methods to ensure Minnesota's natural heritage is protected into the future. new text end

new text begin (o) Linking Breeding and Migratory Bird Populations in Minnesota new text end

new text begin $199,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Hawk Ridge Bird Observatory to map year-round habitat use of understudied bird species of special conservation concern and evaluate areas with the greatest risk of contaminant exposure. new text end

new text begin (p) Old Growth Forest Monitoring new text end

new text begin $441,000 the first year is from the trust fund to the commissioner of natural resources to establish baseline conditions and develop a cost-effective method to monitor approximately 93,000 acres of old growth forest in Minnesota to ensure that these rare and important forest resources are properly protected. new text end

new text begin (q) Integrating Remotely Sensed Data with Traditional Forest Inventory new text end

new text begin $191,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute in Duluth to calibrate and optimize the use of LiDAR for forest inventory purposes and estimate stand-level forest resource metrics in northeastern Minnesota so ecosystem services can be better considered in management decisions. new text end

new text begin (r) Community Response Monitoring for Adaptive Management in Southeast Minnesota new text end

new text begin $483,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with The Nature Conservancy to assess community-level plant and animal responses to past restoration efforts in select southeast Minnesota conservation focus areas to determine if management outcomes are being achieved. new text end

new text begin (s) Minnesota Biodiversity Atlas - Phase III new text end

new text begin $797,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota, Bell Museum of Natural History, to expand the Minnesota Biodiversity Atlas to include more than 2,000,000 records and images of Minnesota wildlife, plants, and fungi by adding insect specimens, collections from new partners, historical data, and repatriating records of Minnesota's biodiversity that exist in various federal institutions. new text end

new text begin Subd. 4. new text end

new text begin Water Resources new text end

new text begin 8,328,000 new text end new text begin -0- new text end
new text begin Appropriations by Fund new text end
new text begin Environment and Natural Resources Trust Fund new text end new text begin 8,139,000 new text end new text begin -0- new text end
new text begin Great Lakes Protection Account new text end new text begin 189,000 new text end new text begin -0- new text end
new text begin (a) Ditching Delinquent Ditches: Optimizing Wetland Restoration new text end

new text begin $199,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to use new techniques to identify and rank areas statewide where targeted removal of poorly functioning drainage ditches and restoration to wetlands can provide maximum human and ecological benefits, including aquifer recharge and flood prevention. new text end

new text begin (b) Assessment of Red River Basin Project Outcomes new text end

new text begin $920,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Red River Watershed Management Board acting as fiscal agent for the Red River Basin Flood Damage Reduction Work Group to plan and implement multiresource monitoring at flood damage reduction and natural resource enhancement projects across the Red River Basin to evaluate outcomes and improve design of future projects at a regional scale. This appropriation is available until June 30, 2028, by which time the project must be completed and final products delivered. new text end

new text begin (c) Wind Wave and Boating Impacts on Inland Lakes new text end

new text begin $415,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the St. Anthony Falls Laboratory to conduct a field study to measure the impacts of boat propeller wash and boat wakes on lake bottoms, shorelines, and water quality compared to the impacts of wind-generated waves. new text end

new text begin (d) Finding, Capturing, and Destroying PFAS in Minnesota Waters new text end

new text begin $478,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to develop novel methods for the detection, sequestration, and degradation of poly- and perfluoroalkyl substances (PFAS) in Minnesota's lakes and rivers. new text end

new text begin (e) Sinking and Suspended Microplastic Particles in Lake Superior new text end

new text begin $412,000 the first year is to the Board of Regents of the University of Minnesota for the Large Lakes Observatory in Duluth to investigate the abundance, characteristics, and fate of microplastic particles in Lake Superior to inform remediation strategies and analyses of environmental impacts. Of this amount, $189,000 is from the Great Lakes protection account and $223,000 is from the trust fund. These appropriations may also be used to educate the public about the research conducted with this appropriation. new text end

new text begin (f) Ecotoxicological Impacts of Quinone Outside Inhibitor (QoI) Fungicides new text end

new text begin $279,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the University of St. Thomas to assess the ecological hazards associated with QoI fungicides and their major environmental transformation products. new text end

new text begin (g) Brightsdale Dam Channel Restoration new text end

new text begin $1,004,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Fillmore County Soil and Water Conservation District to reduce sedimentation and improve aquatic habitat by restoring a channel of the north branch of the Root River at the site of a failed hydroelectric power dam that was removed in 2003. new text end

new text begin (h) Mapping Aquifer Recharge Potential new text end

new text begin $391,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the St. Anthony Falls Laboratory to partner with the Freshwater Society to develop a practical tool for mapping aquifer recharge potential, demonstrate the tool with laboratory and field tests, use the tool to evaluate recharge potential of several aquifers in Minnesota, and analyze aquifer recharge policy. new text end

new text begin (i) ALASD's Chloride Source Reduction Pilot Program new text end

new text begin $764,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Alexandria Lake Area Sanitary District (ALASD) to coordinate with Douglas County and the Pollution Control Agency to pilot an incentive program for residences and businesses to install high-efficiency water softeners, salt-free systems, or softener discharge disposal systems to reduce the annual salt load to Lake Winona and downstream waters. The pilot program includes rebates, inspections, community education, and water quality monitoring to measure chloride reduction success. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin (j) Removing CECs from Stormwater with Biofiltration new text end

new text begin $641,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the St. Anthony Falls Laboratory to develop a treatment practice design using biofiltration media to remove contaminants of emerging concern (CECs) from stormwater runoff and to provide statewide stormwater management guidance. new text end

new text begin (k) Didymo II The North Shore Threat Continues new text end

new text begin $394,000 the first year is from the trust fund to the Science Museum of Minnesota for the St. Croix Watershed Research Station to identify North Shore streams with didymo, determine the risk of invasion to other streams, document didymo impacts to stream functioning, and develop strategies to prevent further spread of didymo. new text end

new text begin (l) Leveraging Data Analytics Innovations for Watershed District Planning new text end

new text begin $738,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Minnehaha Creek Watershed District to integrate local and statewide data sets into a high-resolution planning tool that forecasts the impacts of changing precipitation patterns and quantitatively compares cost effectiveness and outcomes for water quality, ecological integrity, and flood prevention projects in the district. Minnehaha Creek Watershed District may license third parties to use products developed with this appropriation without further approval from the legislature or the Legislative-Citizen Commission on Minnesota Resources, provided the licensing does not generate income. This appropriation is subject to Minnesota Statutes, section 116P.10. new text end

new text begin (m) Protecting Water in the Central Sands Region of the Mississippi River Headwaters new text end

new text begin $1,693,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the White Earth Band of Minnesota Chippewa Indians to conduct a policy analysis and assess aggregate irrigation impacts on water quality and quantity in the Pineland Sands region of the state. new text end

new text begin Subd. 5. new text end

new text begin Environmental Education new text end

new text begin 3,905,000 new text end new text begin -0- new text end
new text begin (a) Fostering Conservation by Connecting Students to the BWCA new text end

new text begin $1,080,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Friends of the Boundary Waters Wilderness to connect Minnesota youth to the Boundary Waters through environmental education, experiential learning, and wilderness canoe trips. new text end

new text begin (b) Statewide Environmental Education via PBS Outdoor Series new text end

new text begin $391,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Pioneer Public Broadcasting Service to produce new episodes of a statewide public television series and an educational web page designed to inspire Minnesotans to connect with the outdoors and to restore and protect the state's natural resources. new text end

new text begin (c) Increasing Diversity in Environmental Careers new text end

new text begin $763,000 the first year is from the trust fund to the commissioner of natural resources in cooperation with Conservation Corps Minnesota and Iowa to ensure a stable and prepared natural resources work force in Minnesota by encouraging a diversity of students to pursue careers in environment and natural resources through internships, mentorships, and fellowships with the Department of Natural Resources, the Board of Water and Soil Resources, and the Pollution Control Agency. This appropriation is available until June 30, 2028, by which time the project must be completed and final products delivered. new text end

new text begin (d) Reducing Biophobia & Fostering Environmental Stewardship in Underserved Schools new text end

new text begin $180,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the Raptor Center to foster long-lasting environmental stewardship and literacy in Minnesota youth in underserved schools by providing engaging, multiunit, standards-based environmental programming featuring positive interactions with raptors and evaluating program effectiveness and areas for improvement. new text end

new text begin (e) Sharing Minnesota's Biggest Environmental Investment new text end

new text begin $628,000 the first year is from the trust fund to the Science Museum of Minnesota, in coordination with the Legislative-Citizen Commission on Minnesota Resources (LCCMR), to increase public access to the results of LCCMR-recommended research, including through a free online interactive map, in-depth videos, and public events. new text end

new text begin (f) North Shore Private Forestry Outreach and Implementation new text end

new text begin $375,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Sugarloaf: The North Shore Stewardship Association to conduct outreach to private forest landowners, develop site restoration plans, and connect landowners with restoration assistance to encourage private forest restoration and improve the ecological health of Minnesota's North Shore forest landscape. new text end

new text begin (g) Teaching Students about Watersheds through Outdoor Science new text end

new text begin $290,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Minnesota Trout Unlimited to engage students in classroom and outdoor hands-on learning focused on water quality, groundwater, aquatic life, and watershed stewardship and provide youth and their families with fishing experiences to further foster a conservation ethic. new text end

new text begin (h) Bioblitz Urban Parks: Engaging Communities in Scientific Efforts new text end

new text begin $198,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Minneapolis Park and Recreation Board to work with volunteers to collect baseline biodiversity data for neighborhood and regional parks to inspire stewardship and inform habitat restoration work. new text end

new text begin Subd. 6. new text end

new text begin Aquatic and Terrestrial Invasive Species new text end

new text begin 5,104,000 new text end new text begin -0- new text end
new text begin (a) Northward Expansion of Ecologically Damaging Amphibians and Reptiles new text end

new text begin $163,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to assess the distribution and potential for expansion of key detrimental and nonnative amphibians and reptiles in Minnesota. new text end

new text begin (b) Developing Research-Based Solutions to Minnesota's AIS Problems new text end

new text begin $4,941,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the Minnesota Aquatic Invasive Species Research Center to conduct high-priority projects aimed at solving Minnesota's aquatic invasive species problems using rigorous science and a collaborative process. Additionally, funds may be spent to deliver research findings to end users through strategic communication and outreach. This appropriation is subject to Minnesota Statutes, section 116P.10. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin Subd. 7. new text end

new text begin Air Quality, Climate Change, and Renewable Energy new text end

new text begin 3,913,000 new text end new text begin -0- new text end
new text begin (a) Community Forestry AmeriCorps new text end

new text begin $1,500,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with ServeMinnesota to preserve and increase tree canopy throughout the state by training, supporting, and deploying AmeriCorps members to local agencies and nonprofit organizations to plant and inventory trees, develop and implement pest management plans, create and maintain nursery beds for replacement trees, and organize opportunities for community engagement in tree stewardship activities. new text end

new text begin (b) Biochar Implementation in Habitat Restoration: A Pilot new text end

new text begin $185,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to pilot the use of portable biochar kilns as an alternative to open-pile burning of trees and shrubs to reduce smoke and carbon emissions and produce beneficial by-products from invasive species removal and land restoration efforts. new text end

new text begin (c) Completing Installment of the Minnesota Ecological Monitoring Network new text end

new text begin $1,094,000 the first year is from the trust fund to the commissioner of natural resources to improve conservation and management of Minnesota's native forests, wetlands, and grasslands by completing the Ecological Monitoring Network to measure ecosystems' change through time. new text end

new text begin (d) Lichens as Low-Cost Air Quality Monitors in Minnesota new text end

new text begin $341,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to develop community science protocols for using lichens as indicators of air quality and conduct an analysis of air pollution changes across Minnesota in the present and in the past century. new text end

new text begin (e) Environment-Friendly Decarbonizing of Steel Production with Hydrogen Plasma new text end

new text begin $739,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to investigate the use of microwave hydrogen plasma to reduce fossil fuel use, carbon dioxide emissions, and waste and enable the use of alternative iron resources, including lower quality iron ores, tailings, and iron ore waste piles, in the iron-making industry. This appropriation is subject to Minnesota Statutes, section 116P.10. new text end

new text begin (f) Economic Analysis Guide for Minnesota Climate Investments new text end

new text begin $54,000 the first year is from the trust fund to the commissioner of the Minnesota Pollution Control Agency to create a guide that will incorporate nation-wide best practices for considering costs, benefits, economics, and equity in Minnesota climate policy decisions. new text end

new text begin Subd. 8. new text end

new text begin Methods to Protect or Restore Land, Water, and Habitat new text end

new text begin 15,997,000 new text end new text begin -0- new text end
new text begin (a) Minnesota Bee and Beneficial Species Habitat Enhancement II new text end

new text begin $876,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Pheasants Forever Inc. to enhance grassland habitats to benefit pollinators and other wildlife species on permanently protected lands and to collaborate with the University of Minnesota to determine best practices for seeding timing and techniques. new text end

new text begin (b) Karner Blue Butterfly Insurance Population Establishment in Minnesota new text end

new text begin $405,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Three Rivers Park District to establish a breeding population of the federally endangered Karner blue butterfly on protected lands within the butterfly's northern expanding range, increase the habitat area, and evaluate the butterfly establishment effort to assist with adaptive management. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin (c) Root River Habitat Restoration at Eagle Bluff new text end

new text begin $866,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Eagle Bluff Environmental Learning Center to restore habitat in and alongside the Root River north of Lanesboro, Minnesota, and to conduct monitoring to ensure water quality and fish population improvements are achieved. This appropriation is available until June 30, 2028, by which time the project must be completed and final products delivered. new text end

new text begin (d) Restoring Mussels in Streams and Lakes - Continuation new text end

new text begin $825,000 the first year is from the trust fund to the commissioner of natural resources to propagate, rear, and restore native freshwater mussel assemblages and the ecosystem services they provide in the Mississippi, Cedar, and Cannon Rivers; to evaluate reintroduction success; and to inform the public on mussels and mussel conservation. new text end

new text begin (e) Minnesota Million: Seedlings for Reforestation and CO2 Sequestration new text end

new text begin $906,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota, Duluth, to collaborate with The Nature Conservancy and Minnesota Extension to expand networks of seed collectors and tree growers and to research tree planting strategies to accelerate reforestation for carbon sequestration, wildlife habitat, and watershed resilience. new text end

new text begin (f) Panoway on Wayzata Bay Shoreline Restoration Project new text end

new text begin $200,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Wayzata to restore native lake bottom and shoreline vegetation to improve shoreline stability, wildlife habitat, and the natural beauty of Lake Minnetonka's Wayzata Bay. The recipient must report to the Legislative-Citizen Commission on Minnesota Resources on the effectiveness of any new methods tested while conducting the project and may use a portion of the appropriation to prepare that report. new text end

new text begin (g) Pollinator Central III: Habitat Improvement with Community Monitoring new text end

new text begin $190,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to restore and enhance pollinator habitat in parks, schools, and other public spaces to benefit pollinators and people and to build knowledge about impacts of the pollinator plantings through community-based monitoring. new text end

new text begin (h) Restoring Forests and Savannas Using Silvopasture - Phase II new text end

new text begin $674,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to continue to partner with the University of Minnesota and the Sustainable Farming Association to demonstrate, evaluate, and increase adoption of the combined use of intensive tree, forage, and grazing as a method to restore and manage forest and savanna habitats. new text end

new text begin (i) Minnesota Community Schoolyards new text end

new text begin $1,433,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with The Trust for Public Land to engage students and communities to create nature-focused habitat improvements at schoolyards across the state to increase environmental outcomes and encourage outdoor learning. new text end

new text begin (j) Pollinator Enhancement and Mississippi River Shoreline Restoration new text end

new text begin $187,000 the first year is from the trust fund to the adjutant general of the Department of Military Affairs to restore native prairie, support pollinator plantings, and stabilize a large section of stream bank along the Mississippi River within Camp Ripley. new text end

new text begin (k) Conservation Cooperative for Working Lands new text end

new text begin $2,611,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Pheasants Forever Inc. to collaborate with Natural Resources Conservation Service, Board of Water and Soil Resources, and Minnesota Association of Soil and Water Conservation Districts to accelerate adoption of voluntary conservation practices on working lands in Minnesota by increasing technical assistance to farmers and landowners while also attracting federal matching funds. new text end

new text begin (l) Quantifying Environmental Benefits of Peatland Restoration in Minnesota new text end

new text begin $754,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to quantify the capacity of restored peatlands to store and accumulate atmospheric carbon and prevent release of accumulated mercury into the surrounding environment. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin (m) Renewing Access to an Iconic North Shore Vista new text end

new text begin $197,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Superior Hiking Trail Association to use national trail design best practices to renew trails and a campground along the Bean and Bear Lakes section of the Superior Hiking Trail that provides access to one of Minnesota's most iconic vistas. new text end

new text begin (n) Addressing Erosion Along High Use River Loops new text end

new text begin $368,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Superior Hiking Trail Association to rehabilitate and renew popular river loops of the Superior Hiking Trail to withstand high visitor use and serve Minnesotans for years to come. new text end

new text begin (o) Pollinator Habitat Creation at Minnesota Closed Landfills new text end

new text begin $1,508,000 the first year is from the trust fund to the commissioner of the Minnesota Pollution Control Agency to conduct a pilot project to create pollinator habitat at closed landfill sites in the closed landfill program. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin (p) Enhancing Habitat Connectivity within the Urban Mississippi Flyway new text end

new text begin $190,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Minneapolis Park and Recreation Board to enhance and restore habitat in and between urban neighborhood parks and the Mississippi River to benefit animals, plants, and neighborhoods traditionally disconnected from nature and to raise awareness of the Mississippi River Flyway. new text end

new text begin (q) Statewide Diversion of Furniture and Mattress Waste Pilots new text end

new text begin $2,833,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with EMERGE Community Development to work collaboratively with the University of Minnesota, Second Chance Recycling, and local governments to test and implement methods to expand mattress and furniture recycling statewide, including by researching value-add commodity markets for recycled materials, piloting mattress collection in greater Minnesota counties, piloting curbside furniture collection in the metropolitan area, and increasing facility capacity to recycle collected mattresses. Any revenue generated from selling products or assets developed or acquired with this appropriation must be repaid to the trust fund unless a plan is approved for reinvestment of income in the project. This appropriation is subject to Minnesota Statutes, section 116P.10. new text end

new text begin (r) Phelps Mill Wetland and Prairie Restoration new text end

new text begin $974,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Otter Tail County to plan, engineer, and restore wetlands and prairie within the newly expanded Phelps Mill County Park to improve habitat connectivity for wildlife and enhance recreational experiences for users. Up to $322,000 of this appropriation may be used to plan, engineer, and construct a boardwalk, viewing platforms, and soft trails within the park. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin Subd. 9. new text end

new text begin Land Acquisition, Habitat, and Recreation new text end

new text begin 31,241,000 new text end new text begin -0- new text end
new text begin (a) SNA Stewardship, Outreach, and Biodiversity Protection new text end

new text begin $1,919,000 the first year is from the trust fund to the commissioner of natural resources to restore and enhance exceptional habitat on scientific and natural areas (SNAs), increase public involvement and outreach, and strategically acquire lands that meet criteria for SNAs under Minnesota Statutes, section 86A.05, from willing sellers. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin (b) Wannigan Regional Park Land Acquisition new text end

new text begin $727,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Frazee to acquire land for protecting and enhancing natural resources and for future development as Wannigan Regional Park, where the Heartland State, North Country National, and Otter Tail River Water Trails will meet. Initial site development or restoration work may be conducted with this appropriation. new text end

new text begin (c) Local Parks, Trails, and Natural Areas Grant Programs new text end

new text begin $3,802,000 the first year is from the trust fund to the commissioner of natural resources to solicit and rank applications and fund competitive matching grants for local parks, trail connections, and natural and scenic areas under Minnesota Statutes, section 85.019. This appropriation is for local nature-based recreation, connections to regional and state natural areas, and recreation facilities and may not be used for athletic facilities such as sport fields, courts, and playgrounds. new text end

new text begin (d) Outreach and Stewardship Through the Native Prairie Bank Program new text end

new text begin $620,000 the first year is from the trust fund to the commissioner of natural resources to enhance and monitor lands enrolled in the native prairie bank and to provide outreach and technical assistance to landowners, practitioners, and the public to increase awareness and stewardship of the state's remaining native prairie. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin (e) Minnesota State Trails Development new text end

new text begin $4,952,000 the first year is from the trust fund to the commissioner of natural resources to expand recreational opportunities on Minnesota state trails by rehabilitating and enhancing existing state trails and replacing or repairing existing state trail bridges. new text end

new text begin (f) Construction of East Park new text end

new text begin $700,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of St. Joseph to increase recreational opportunities and access at East Park along the Sauk River in St. Joseph through enhancements such as a canoe and kayak access, a floating dock, paved and mowed trails, and parking entrance improvements. new text end

new text begin (g) Scandia Gateway Trail to William O'Brien State Park new text end

new text begin $2,689,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Scandia to engineer and construct a segment of the Gateway State Trail between the city of Scandia and William O'Brien State Park that will be maintained by the Department of Natural Resources. The segment to be constructed includes a pedestrian tunnel and trailhead parking area. This project must be designed and constructed in accordance with Department of Natural Resources state trail standards. Engineering and construction plans must be approved by the commissioner of natural resources before construction may commence. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin (h) Grand Marais Mountain Bike Trail Rehabilitation - Phase II new text end

new text begin $200,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Superior Cycling Association to rehabilitate and modify existing mountain bike trails at Pincushion Mountain to increase the trail's environmental sustainability and provide better access to beginner and adaptive cyclers. new text end

new text begin (i) Acquisition of State Parks and Trails Inholdings new text end

new text begin $5,425,000 the first year is from the trust fund to the commissioner of natural resources to acquire high-priority inholdings from willing sellers within the legislatively authorized boundaries of state parks, recreation areas, and trails to protect Minnesota's natural heritage, enhance outdoor recreation, and improve the efficiency of public land management. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered. new text end

new text begin (j) St. Louis River Re-Connect - Phase II new text end

new text begin $1,375,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Duluth to increase recreational opportunities and access to the Waabizheshikana hiking and water trails in West Duluth with trail and trailhead enhancements such as accessible canoe and kayak launches, picnic areas, and restrooms; restored habitat; stormwater improvements; directional signage, and trailside interpretation. This appropriation may also be used to partner with the St. Louis River Alliance to create an ambassadors program to engage the surrounding community and facilitate use of the trails. new text end

new text begin (k) City of Biwabik Recreation new text end

new text begin $1,306,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Biwabik to reconstruct and renovate Biwabik Recreation Area's access road, parking area, and bathroom facilities. new text end

new text begin (l) Silver Bay Multimodal Trailhead Project new text end

new text begin $1,970,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Silver Bay to develop a multimodal trailhead center to provide safe access to the Superior Hiking, Gitchi-Gami Bike, and C.J. Ramstad/North Shore trails; Black Beach Park; and other recreational destinations. Before any construction costs are incurred, the city must demonstrate that all funding to complete the project are secured. new text end

new text begin (m) Above the Falls Regional Park Restoration Planning and Acquisition new text end

new text begin $1,376,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Minneapolis Park and Recreation Board to acquire land along the Mississippi River from willing sellers for habitat restoration, trail development, and low-intensity recreational facilities in Above the Falls Regional Park. This appropriation may also be used to prepare restoration plans for lands acquired. This appropriation may not be used to purchase habitable residential structures. Before the acquisition, a phase 1 environmental assessment must be completed and the Minneapolis Park and Recreation Board must not accept any liability for previous contamination of lands acquired with this appropriation. new text end

new text begin (n) Redhead Mountain Bike Park new text end

new text begin $1,666,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Chisholm as the fiscal agent for the Minnesota Discovery Center to enhance outdoor recreational opportunities by adding trails and amenities to the Redhead Mountain Bike Park in Chisholm. Amenities may include such things as pump tracks, skills courses, changing stations, shade shakes, and signage. new text end

new text begin (o) Maplewood State Park Trail Segment of the Perham to Pelican Rapids Regional Trail new text end

new text begin $2,514,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Otter Tail County to partner with the Department of Natural Resources to construct the Maplewood State Park segment of the Perham to Pelican Rapids Regional Trail. This project must be designed and constructed in accordance with Department of Natural Resources state trail standards. Engineering and construction plans must be approved by the commissioner of natural resources before construction may commence. new text end

new text begin Subd. 10. new text end

new text begin Administration, Emerging Issues, and Contract Agreement Reimbursement new text end

new text begin 3,126,000 new text end new text begin -0- new text end
new text begin (a) LCCMR Administrative Budget new text end

new text begin $2,133,000 the first year is from the trust fund to the Legislative-Citizen Commission on Minnesota Resources for administration in fiscal years 2024 and 2025 as provided in Minnesota Statutes, section 116P.09, subdivision 5. This appropriation is available until June 30, 2025. Notwithstanding Minnesota Statutes, section 116P.11, paragraph (b), Minnesota Statutes, section 16A.281, applies to this appropriation. new text end

new text begin (b) Emerging Issues new text end

new text begin $767,000 the first year is from the trust fund to the Legislative-Citizen Commission on Minnesota Resources to an emerging issues account authorized in Minnesota Statutes, section 116P.08, subdivision 4, paragraph (d). new text end

new text begin (c) Contract Agreement Reimbursement new text end

new text begin $224,000 the first year is from the trust fund to the commissioner of natural resources, at the direction of the Legislative-Citizen Commission on Minnesota Resources, for expenses incurred in preparing and administering contracts, including for the agreements specified in this section. new text end

new text begin (d) Legislative Coordinating Commission Legacy Website new text end

new text begin $2,000 the first year is from the trust fund to the Legislative Coordinating Commission for the website required in Minnesota Statutes, section 3.303, subdivision 10. new text end

new text begin Subd. 11. new text end

new text begin Availability of Appropriations new text end

new text begin Money appropriated in this section may not be spent on activities unless they are directly related to and necessary for a specific appropriation and are specified in the work plan approved by the Legislative-Citizen Commission on Minnesota Resources. Money appropriated in this section must not be spent on indirect costs or other institutional overhead charges that are not directly related to and necessary for a specific appropriation. Costs that are directly related to and necessary for an appropriation, including financial services, human resources, information services, rent, and utilities, are eligible only if the costs can be clearly justified and individually documented specific to the appropriation's purpose and would not be generated by the recipient but for receipt of the appropriation. No broad allocations for costs in either dollars or percentages are allowed. Unless otherwise provided, the amounts in this section are available for three years beginning July 1, 2023, and ending June 30, 2026, when projects must be completed and final products delivered. For acquisition of real property, the appropriations in this section are available for an additional fiscal year if a binding contract for acquisition of the real property is entered into before the expiration date of the appropriation. If a project receives a federal award, the period of the appropriation is extended to equal the federal award period to a maximum trust fund appropriation length of six years. new text end

new text begin Subd. 12. new text end

new text begin Data Availability Requirements Data new text end

new text begin Data collected by the projects funded under this section must conform to guidelines and standards adopted by Minnesota IT Services. Spatial data must also conform to additional guidelines and standards designed to support data coordination and distribution that have been published by the Minnesota Geospatial Information Office. Descriptions of spatial data must be prepared as specified in the state's geographic metadata guideline and must be submitted to the Minnesota Geospatial Information Office. All data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, chapter 13. To the extent practicable, summary data and results of projects funded under this section should be readily accessible on the Internet and identified as having received funding from the environment and natural resources trust fund. new text end

new text begin Subd. 13. new text end

new text begin Project Requirements new text end

new text begin (a) As a condition of accepting an appropriation under this section, an agency or entity receiving an appropriation or a party to an agreement from an appropriation must comply with paragraphs (b) to (l) and Minnesota Statutes, chapter 116P, and must submit a work plan and annual or semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota Resources for any project funded in whole or in part with funds from the appropriation. Modifications to the approved work plan and budget expenditures must be made through the amendment process established by the Legislative-Citizen Commission on Minnesota Resources. new text end

new text begin (b) A recipient of money appropriated in this section that conducts a restoration using funds appropriated in this section must use native plant species according to the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines and include an appropriate diversity of native species selected to provide habitat for pollinators throughout the growing season as required under Minnesota Statutes, section 84.973. new text end

new text begin (c) For all restorations conducted with money appropriated under this section, a recipient must prepare an ecological restoration and management plan that, to the degree practicable, is consistent with the highest-quality conservation and ecological goals for the restoration site. Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration project. The plan must include the proposed timetable for implementing the restoration, including site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and take advantage of the best-available science and include innovative techniques to achieve the best restoration. new text end

new text begin (d) An entity receiving an appropriation in this section for restoration activities must provide an initial restoration evaluation at the completion of the appropriation and an evaluation three years after the completion of the expenditure. Restorations must be evaluated relative to the stated goals and standards in the restoration plan, current science, and, when applicable, the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines. The evaluation must determine whether the restorations are meeting planned goals, identify any problems with implementing the restorations, and, if necessary, give recommendations on improving restorations. The evaluation must be focused on improving future restorations. new text end

new text begin (e) All restoration and enhancement projects funded with money appropriated in this section must be on land permanently protected by a conservation easement or public ownership. new text end

new text begin (f) A recipient of money from an appropriation under this section must give consideration to contracting with Conservation Corps Minnesota for contract restoration and enhancement services. new text end

new text begin (g) All conservation easements acquired with money appropriated under this section must: new text end

new text begin (1) be permanent; new text end

new text begin (2) specify the parties to an easement in the easement; new text end

new text begin (3) specify all provisions of an agreement that are permanent; new text end

new text begin (4) be sent to the Legislative-Citizen Commission on Minnesota Resources in an electronic format at least ten business days before closing; new text end

new text begin (5) include a long-term monitoring and enforcement plan and funding for monitoring and enforcing the easement agreement; and new text end

new text begin (6) include requirements in the easement document to protect the quantity and quality of groundwater and surface water through specific activities such as keeping water on the landscape, reducing nutrient and contaminant loading, and not permitting artificial hydrological modifications. new text end

new text begin (h) For any acquisition of lands or interest in lands, a recipient of money appropriated under this section must not agree to pay more than 100 percent of the appraised value for a parcel of land using this money to complete the purchase, in part or in whole, except that up to ten percent above the appraised value may be allowed to complete the purchase, in part or in whole, using this money if permission is received in advance of the purchase from the Legislative-Citizen Commission on Minnesota Resources. new text end

new text begin (i) For any acquisition of land or interest in land, a recipient of money appropriated under this section must give priority to high-quality natural resources or conservation lands that provide natural buffers to water resources. new text end

new text begin (j) For new lands acquired with money appropriated under this section, a recipient must prepare an ecological restoration and management plan in compliance with paragraph (c), including sufficient funding for implementation unless the work plan addresses why a portion of the money is not necessary to achieve a high-quality restoration. new text end

new text begin (k) To ensure public accountability for using public funds, a recipient of money appropriated under this section must, within 60 days of the transaction, provide to the Legislative-Citizen Commission on Minnesota Resources documentation of the selection process used to identify parcels acquired and provide documentation of all related transaction costs, including but not limited to appraisals, legal fees, recording fees, commissions, other similar costs, and donations. This information must be provided for all parties involved in the transaction. The recipient must also report to the Legislative-Citizen Commission on Minnesota Resources any difference between the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, if a state-certified or state-reviewed appraisal was conducted. new text end

new text begin (l) A recipient of an appropriation from the trust fund under this section must acknowledge financial support from the environment and natural resources trust fund in project publications, signage, and other public communications and outreach related to work completed using the appropriation. Acknowledgment may occur, as appropriate, through use of the trust fund logo or inclusion of language attributing support from the trust fund. Each direct recipient of money appropriated in this section, as well as each recipient of a grant awarded pursuant to this section, must satisfy all reporting and other requirements incumbent upon constitutionally dedicated funding recipients as provided in Minnesota Statutes, section 3.303, subdivision 10, and Minnesota Statutes, chapter 116P. new text end

new text begin (m) A recipient of an appropriation from the trust fund under this section that is receiving funding to conduct children's services, as defined in Minnesota Statutes, section 299C.61, subdivision 7, must certify to the Legislative-Citizen Commission on Minnesota Resources, as part of the required work plan, that criminal background checks for background check crimes, as defined in Minnesota Statutes, section 299C.61, subdivision 2, are performed on all employees, contractors, and volunteers that have or may have access to a child to whom the recipient provides children's services using the appropriation. new text end

new text begin Subd. 14. new text end

new text begin Payment Conditions and Capital Equipment Expenditures new text end

new text begin (a) All agreements, grants, or contracts referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section. Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on or after July 1, 2023, or the date the work plan is approved, whichever is later, are eligible for reimbursement unless otherwise provided in this section. Periodic payments must be made upon receiving documentation that the deliverable items articulated in the approved work plan have been achieved, including partial achievements as evidenced by approved progress reports. Reasonable amounts may be advanced to projects to accommodate cash-flow needs or match federal money. The advances must be approved as part of the work plan. No expenditures for capital equipment are allowed unless expressly authorized in the project work plan. new text end

new text begin (b) Single-source contracts as specified in the approved work plan are allowed. new text end

new text begin Subd. 15. new text end

new text begin Purchasing Recycled and Recyclable Materials new text end

new text begin A political subdivision, public or private corporation, or other entity that receives an appropriation under this section must use the appropriation in compliance with Minnesota Statutes, section 16C.0725, regarding purchasing recycled, repairable, and durable materials, and Minnesota Statutes, section 16C.073, regarding purchasing and using paper stock and printing. new text end

new text begin Subd. 16. new text end

new text begin Energy Conservation and Sustainable Building Guidelines new text end

new text begin A recipient to whom an appropriation is made under this section for a capital improvement project must ensure that the project complies with the applicable energy conservation and sustainable building guidelines and standards contained in law, including Minnesota Statutes, sections 16B.325, 216C.19, and 216C.20, and rules adopted under those sections. The recipient may use the energy planning, advocacy, and State Energy Office units of the Department of Commerce to obtain information and technical assistance on energy conservation and alternative-energy development relating to planning and constructing the capital improvement project. new text end

new text begin Subd. 17. new text end

new text begin Accessibility new text end

new text begin Structural and nonstructural facilities must meet the design standards in the Americans with Disabilities Act (ADA) accessibility guidelines. new text end

new text begin Subd. 18. new text end

new text begin Carryforward; Extensions new text end

new text begin The availability of the appropriations for the following projects is extended to June 30, 2024: new text end

new text begin (1) Laws 2018, chapter 214, article 4, section 2, subdivision 6, paragraph (a), Minnesota Invasive Terrestrial Plants and Pests Center - Phase 4; new text end

new text begin (2) Laws 2018, chapter 214, article 4, section 2, subdivision 8, paragraph (e), Restoring Forests in Minnesota State Parks; new text end

new text begin (3) Laws 2019, First Special Session chapter 4, article 2, section 2, subdivision 3, paragraph (d), Minnesota Trumpeter Swan Migration Ecology and Conservation; new text end

new text begin (4) Laws 2019, First Special Session chapter 4, article 2, section 2, subdivision 8, paragraph (g), Agricultural Weed Control Using Autonomous Mowers; new text end

new text begin (5) Laws 2019, First Special Session chapter 4, article 2, section 2, subdivision 10, paragraph (d), Grants Management System; and new text end

new text begin (6) Laws 2021, First Special Session chapter 6, article 5, section 2, subdivision 10, Emerging Issues Account; Wastewater Renewable Energy Demonstration Grants. new text end

new text begin Subd. 19. new text end

new text begin Repurpose new text end

new text begin The unencumbered amount, estimated to be $176,000, in Laws 2021, First Special Session chapter 6, article 6, section 2, subdivision 8, paragraph (f), Restoring Upland Forests for Birds, is for examining the impacts of neonicotinoid exposure on the reproduction and survival of Minnesota's game species, including deer and prairie chicken. This amount is in addition to the appropriation under article 1, section 3, subdivision 6, for these purposes and is available until June 30, 2027. new text end

Sec. 3.

Minnesota Statutes 2022, section 116P.05, subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) A Legislative-Citizen Commission on Minnesota Resources of 17 members is created in the legislative branch, consisting of the chairs of the house of representatives and senate committees on environment and natural resources finance or designees appointed for the terms of the chairs, four members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration, and four members of the house of representatives appointed by the speaker.

(b) At least two members from the senate and two members from the house of representatives must be from the minority caucus. deleted text begin Members are entitled to reimbursement for per diem expenses plus travel expenses incurred in the services of the commission.deleted text end

(c) Seven citizens are members of the commission, five appointed by the governor, one appointed by the Senate Subcommittee on Committees of the Committee on Rules and Administration, and one appointed by the speaker of the house. The citizen members are selected and recommended to the appointing authorities according to subdivision 1a and must:

(1) have experience or expertise in the science, policy, or practice of the protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources;

(2) have strong knowledge in the state's environment and natural resource issues around the state; deleted text begin anddeleted text end

(3) have demonstrated ability to work in a collaborative environmentnew text begin ; andnew text end

new text begin (4) not be a registered lobbyistnew text end .

(d) Members shall develop procedures to elect a chair that rotates between legislative and citizen members each meeting. A citizen member, a senate member, and a house of representatives member shall serve as chairs. The citizen members, senate members, and house of representatives members must select their respective chairs. The chair shall preside and convene meetings as often as necessary to conduct duties prescribed by this chapter.

(e) Appointed legislative members shall serve on the commission for two-year terms, beginning in January of each odd-numbered year and continuing through the end of December of the next even-numbered year. Appointed citizen members shall serve four-year terms, beginning in January of the first year and continuing through the end of December of the final year. Citizen and legislative members continue to serve until their successors are appointed.

(f) A citizen member may be removed by an appointing authority for cause. Vacancies occurring on the commission shall not affect the authority of the remaining members of the commission to carry out their duties, and vacancies shall be filled for the remainder of the term in the same manner under paragraphs (a) to (c).

(g) new text begin Legislative members are entitled to reimbursement for per diem expenses plus travel expenses incurred in the services of the commission. new text end Citizen members are entitled to per diem and reimbursement for expenses incurred in the services of the commission, as provided in section 15.059, subdivision 3new text begin , except that a citizen member may be compensated at the rate of up to $125 a daynew text end .

(h) The governor's appointments are subject to the advice and consent of the senate.new text begin One of the governor's appointments must be a member recommended by the Tribal government representatives of the Indian Affairs Council.new text end

new text begin (i) A citizen member may serve no more than eight years, except as necessary to fill a vacancy. A citizen member may not serve more than ten years if serving additional time to fill a vacancy. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, and applies to appointments made on or after that date. new text end

Sec. 4.

Minnesota Statutes 2022, section 116P.05, subdivision 1a, is amended to read:

Subd. 1a.

Citizen selection committee.

(a) The governor deleted text begin shalldeleted text end new text begin mustnew text end appoint a Trust Fund Citizen Selection Committee of five members who come from different regions of the state and who have knowledge and experience of state environment and natural resource issuesnew text begin to provide recommendations for appointments under subdivision 1, paragraph (c)new text end .

(b) The duties of the Trust Fund Citizen Selection Committee deleted text begin shall bedeleted text end new text begin arenew text end to:

(1) identify citizen candidates to be members of the commission as part of the open appointments process under section 15.0597;

(2) request and review citizen candidate applications to be members of the commission; and

(3) interview the citizen candidates and recommend an adequate pool of candidates to be selected for commission membership by the governordeleted text begin , the senate, and the house of representativesdeleted text end .

(c) Membersnew text begin serve three-year terms andnew text end are entitled to deleted text begin travel expenses incurred to fulfill their duties under this subdivision as provided in section 15.059, subdivision 6deleted text end new text begin per diem and reimbursement for expenses incurred in the services of the committee, as provided in section 15.059, subdivision 3, except that a citizen selection committee member may be compensated at the rate of up to $125 a daynew text end .

new text begin (d) A member appointed under this subdivision may not be a registered lobbyist. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2022, section 116P.05, subdivision 2, is amended to read:

Subd. 2.

Duties.

(a) The commission deleted text begin shalldeleted text end new text begin mustnew text end recommend an annual or biennial legislative bill for appropriations from the environment and natural resources trust fund and deleted text begin shalldeleted text end new text begin mustnew text end adopt a strategic plan as provided in section 116P.08. new text begin Except as provided under section 116P.09, subdivision 6, paragraph (b), new text end approval of the recommended legislative bill requires an affirmative vote of at least deleted text begin 12deleted text end new text begin 11new text end members of the commission.

(b) It is a condition of acceptance of the appropriations made from the Minnesota environment and natural resources trust fund, and oil overcharge money under section 4.071, subdivision 2, that the agency or entity receiving the appropriation must submit a work plan and annual or semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota Resources, and comply with applicable reporting requirements under section 116P.16. None of the money provided may be spent unless the commission has approved the pertinent work plan. Modifications to the approved work plan and budget expenditures deleted text begin shalldeleted text end new text begin mustnew text end be made through the amendment process established by the commission. The commission deleted text begin shalldeleted text end new text begin mustnew text end ensure that the expenditures and outcomes described in the work plan for appropriations funded by the environment and natural resources trust fund are met.

(c) The peer review procedures created under section 116P.08 must also be used to review, comment, and report to the commission on research proposals applying for an appropriation from the oil overcharge money under section 4.071, subdivision 2.

(d) The commission may adopt operating procedures to fulfill its duties under this chapter.

(e) As part of the operating procedures, the commission deleted text begin shalldeleted text end new text begin mustnew text end :

(1) ensure that members' expectations are to participate in all meetings related to funding decision recommendations;

(2) recommend adequate funding for increased citizen outreach and communications for trust fund expenditure planning;

(3) allow administrative expenses as part of individual project expenditures based on need;

(4) provide for project outcome evaluation;

(5) keep the grant application, administration, and review process as simple as possible; and

(6) define and emphasize the leveraging of additional sources of money that project proposers should consider when making trust fund proposals.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2022, section 116P.09, subdivision 6, is amended to read:

Subd. 6.

Conflict of interest.

new text begin (a) new text end A commission member, a technical advisory committee member, a peer reviewer, or an employee of the commission may not participate in or vote on a decision of the commission, advisory committee, or peer review relating to an organization in which the member, peer reviewer, or employee has either a direct or indirect personal financial interest. While serving on the commission or technical advisory committee or as a peer reviewer or while an employee of the commission, a person deleted text begin shalldeleted text end new text begin mustnew text end avoid any potential conflict of interest.

new text begin (b) A commission member may not vote on a motion regarding the final recommendations of the commission required under section 116P.05, subdivision 2, paragraph (a), if the motion relates to an organization in which the member has a direct personal financial interest. If a commission member is prohibited from voting under this paragraph, the number of affirmative votes required under section 116P.05, subdivision 2, paragraph (a), is reduced by the number of members ineligible to vote under this paragraph. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2022, section 116P.11, is amended to read:

116P.11 AVAILABILITY OF FUNDS FOR DISBURSEMENT.

(a) The amount annually available from the trust fund for the legislative bill developed by the commission is as defined in the Minnesota Constitution, article XI, section 14.

(b) Any appropriated funds not encumbered deleted text begin in the biennium in which they are appropriateddeleted text end new text begin by the date the appropriation expiresnew text end cancel and must be credited to the principal of the trust fund.

Sec. 8.

Minnesota Statutes 2022, section 116P.15, is amended to read:

116P.15 new text begin CAPITAL CONSTRUCTION AND new text end LAND ACQUISITION; RESTRICTIONS.

Subdivision 1.

Scope.

A recipient of an appropriation from the trust fund or the Minnesota future resources fund who acquires an interest in real property with the appropriation must comply with deleted text begin this sectiondeleted text end new text begin subdivision 2new text end . deleted text begin For the purposes of this section, "interest in real property" includes, but is not limited to, an easement or fee title to property.deleted text end new text begin A recipient of an appropriation from the trust fund who uses any portion of the appropriation for a capital construction project with a total cost of $10,000 or more must comply with subdivision 3.new text end

Subd. 2.

new text begin Land acquisition new text end restrictions; modification procedure.

(a) Annew text begin easement, fee title, or othernew text end interest in real property acquired with an appropriation from the trust fund or the Minnesota future resources fund must be used in perpetuity or for the specific term of an easement interest for the purpose for which the appropriation was made. The ownership of the interest in real property transfers to the state if: (1) the holder of the interest in real property fails to comply with the terms and conditions of the grant agreement or work plan; or (2) restrictions are placed on the land that preclude its use for the intended purpose as specified in the appropriation.

(b) A recipient of funding who acquires an interest in real property subject to this section may not alter the intended use of the interest in real property or convey any interest in the real property acquired with the appropriation without the prior review and approval of the commission or its successor. The commission shall notify the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the trust fund or Minnesota future resources fund at least 15 business days before approval under this paragraph. The commission shall establish procedures to review requests from recipients to alter the use of or convey an interest in real property. These procedures shall allow for the replacement of the interest in real property with another interest in real property meeting the following criteria:

(1) the interest must be at least equal in fair market value, as certified by the commissioner of natural resources, to the interest being replaced; and

(2) the interest must be in a reasonably equivalent location, and have a reasonably equivalent useful conservation purpose compared to the interest being replaced, taking into consideration all effects from fragmentation of the whole habitat.

(c) A recipient of funding who acquires an interest in real property under paragraph (a) must separately record a notice of funding restrictions in the appropriate local government office where the conveyance of the interest in real property is filed. The notice of funding agreement must contain:

(1) a legal description of the interest in real property covered by the funding agreement;

(2) a reference to the underlying funding agreement;

(3) a reference to this section; and

(4) the following statement:

"This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreement controlling the acquisition of the property. The interest in real property, or any portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the Legislative-Citizen Commission on Minnesota Resources or its successor. The ownership of the interest in real property transfers to the state if: (1) the holder of the interest in real property fails to comply with the terms and conditions of the grant agreement or work plan; or (2) restrictions are placed on the land that preclude its use for the intended purpose as specified in the appropriation."

new text begin Subd. 3. new text end

new text begin Capital construction restrictions; modification procedure. new text end

new text begin (a) A recipient of an appropriation from the trust fund who uses the appropriation to wholly or partially construct a building, trail, campground, or other capital asset may not alter the intended use of the capital asset or convey any interest in the capital asset for 25 years from the date the project is completed without the prior review and approval of the commission or its successor. The commission must notify the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the trust fund at least 15 business days before approval under this paragraph. The commission must establish procedures to review requests from recipients to alter the use of or convey an interest in a capital asset under this paragraph. These procedures must require that: new text end

new text begin (1) the sale price must be at least fair market value; and new text end

new text begin (2) the trust fund must be repaid a portion of the sale price equal to the percentage of the total funding provided by the fund for constructing the capital asset. new text end

new text begin (b) The commission or its successor may waive the requirements under paragraph (a), clauses (1) and (2), by recommendation to the legislature if the transfer allows for a continued use of the asset in a manner consistent with the original appropriation purpose or with the purposes of the trust fund. new text end

new text begin (c) If both a capital asset and the real property on which the asset is located were wholly or partially purchased with an appropriation from the trust fund and the commission approves a request to alter the use of or convey an interest in the real property under subdivision 2, a separate approval under this subdivision to alter the use of the capital asset is not required. new text end

new text begin (d) A recipient of an appropriation from the trust fund who uses the appropriation to wholly or partially construct a building, trail, campground, or other capital asset must separately record a notice of funding restrictions in the appropriate local government office. The notice of funding restrictions must contain: new text end

new text begin (1) a legal description of the interest in real property covered by the funding agreement; new text end

new text begin (2) a reference to the underlying funding agreement; new text end

new text begin (3) a reference to this subdivision; and new text end

new text begin (4) the following statement: new text end

new text begin "This interest in real property must be administered in accordance with the terms, conditions, and purposes of the grant agreement controlling the improvement of the property. The interest in real property, or any portion of the interest in real property, must not be altered from its intended use or be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the Legislative-Citizen Commission on Minnesota Resources or its successor." new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to money appropriated on or after that date. new text end

Sec. 9.

Minnesota Statutes 2022, section 116P.16, is amended to read:

116P.16 REAL PROPERTY INTERESTS; REPORT.

(a) By December 1 each year, a recipient of an appropriation from the trust fund, that is used for the acquisition of an interest in real property, including, but not limited to, an easement or fee title, new text begin or for the construction of a building, trail, campground, or other capital asset with a total cost of $10,000 or more new text end must submit annual reports on the status of the real property to the Legislative-Citizen Commission on Minnesota Resources or its successor in a form determined by the commission. The responsibility for reporting under this section may be transferred by the recipient of the appropriation to another person who holds the interest in the real property. To complete the transfer of reporting responsibility, the recipient of the appropriation must:

(1) inform the person to whom the responsibility is transferred of that person's reporting responsibility;

(2) inform the person to whom the responsibility is transferred of the property restrictions under section 116P.15; and

(3) provide written notice to the commission of the transfer of reporting responsibility, including contact information for the person to whom the responsibility is transferred.

(b) After the transfer, the person who holds the interest in the real property is responsible for reporting requirements under this section.

new text begin (c) The annual reporting requirements on the status of a building, trail, campground, or other capital asset with a total cost of $10,000 or more and that was constructed with an appropriation from the trust fund expire 25 years after the date the final progress report under section 116P.05, subdivision 2, paragraph (b), is approved. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to money appropriated on or after that date. new text end

Sec. 10.

Minnesota Statutes 2022, section 116P.18, is amended to read:

116P.18 LANDS IN PUBLIC DOMAIN.

Money appropriated from the trust fund must not be used to purchase any land in fee title or a permanent conservation easement if the land in question is fully or partially owned by the state or a political subdivision of the state or was acquired fully or partially with state money, unless:

(1) the purchase creates additional direct benefit to the protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources; and

(2) the purchase is approved, prior to the acquisition, by an affirmative vote of at least deleted text begin 12deleted text end new text begin 11new text end members of the commission.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

new text begin [116P.21] ADDITIONAL CAPITAL CONSTRUCTION PROJECT REQUIREMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Full funding. new text end

new text begin If an appropriation from the trust fund for a capital construction project or project phase is not alone sufficient to complete the project or project phase and a commitment from sources other than the trust fund is required: new text end

new text begin (1) the commitment must be in an amount that, when added to the appropriation from the trust fund, is sufficient to complete the project or project phase; and new text end

new text begin (2) the agency administering the appropriation from the trust fund must not distribute the money until the commitment is determined to be sufficient. In determining the sufficiency of a commitment under this clause, the agency must apply the standards and principles applied by the commissioner of management and budget under section 16A.502. new text end

new text begin Subd. 2. new text end

new text begin Match. new text end

new text begin A recipient of money appropriated from the trust fund for a capital construction project must provide a cash or in-kind match from nontrust fund sources of at least 25 percent of the total costs to complete the project or project phase. new text end

new text begin Subd. 3. new text end

new text begin Sustainable building guidelines. new text end

new text begin The sustainable building guidelines established under sections 16B.325 and 216B.241, subdivision 9, apply to new buildings and major renovations funded from the trust fund. A recipient of money appropriated from the trust fund for a new building or major renovation must ensure that the project complies with the guidelines. new text end

new text begin Subd. 4. new text end

new text begin Applicability. new text end

new text begin (a) Subdivisions 1, 2, and 3 do not apply to: new text end

new text begin (1) a capital construction project with a total cost of less than $10,000; or new text end

new text begin (2) a land acquisition project. new text end

new text begin (b) If land is acquired with trust fund money for the purpose of capital construction, the land acquisition is not exempted under paragraph (a), clause (2). new text end

new text begin Subd. 5. new text end

new text begin Other capital construction statutes. new text end

new text begin The following statutes also apply to recipients of appropriations from the trust fund: sections 16B.32; 16B.326; 16B.335, subdivisions 3 and 4; 16C.054; 16C.16; 16C.28; 16C.285; 138.40; 138.665; 138.666; 177.41 to 177.44; and 471.345. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to money appropriated on or after that date. new text end

Sec. 12.

Laws 2021, First Special Session chapter 6, article 5, section 2, subdivision 9, is amended to read:

Subd. 9.

Land Acquisition, Habitat, and Recreation

-0- 29,901,000
(a) DNR Scientific and Natural Areas

$3,000,000 the second year is from the trust fund to the commissioner of natural resources for the scientific and natural area (SNA) program to restore, improve, and enhance wildlife habitat on SNAs; increase public involvement and outreach; and strategically acquire high-quality lands that meet criteria for SNAs under Minnesota Statutes, section 86A.05, from willing sellers.

(b) Private Native Prairie Conservation through Native Prairie Bank

$2,000,000 the second year is from the trust fund to the commissioner of natural resources to provide technical stewardship assistance to private landowners, restore and enhance native prairie protected by easements in the native prairie bank, and acquire easements for the native prairie bank in accordance with Minnesota Statutes, section 84.96, including preparing initial baseline property assessments. Up to $60,000 of this appropriation may be deposited in the natural resources conservation easement stewardship account, created in Minnesota Statutes, section 84.69, proportional to the number of easement acres acquired.

(c) Minnesota State Parks and State Trails Inholdings

$3,500,000 the second year is from the trust fund to the commissioner of natural resources to acquire high-priority inholdings from willing sellers within the legislatively authorized boundaries of state parks, recreation areas, and trails to protect Minnesota's natural heritage, enhance outdoor recreation, and promote tourism.

(d) Grants for Local Parks, Trails, and Natural Areas

$2,400,000 the second year is from the trust fund to the commissioner of natural resources to solicit, rank, and fund competitive matching grants for local parks, trail connections, and natural and scenic areas under Minnesota Statutes, section 85.019. This appropriation is for local nature-based recreation, connections to regional and state natural areas, and recreation facilities and may not be used for athletic facilities such as sport fields, courts, and playgrounds.

(e) Mississippi River Aquatic Habitat Restoration and Mussel Reintroduction

$1,800,000 the second year is from the trust fund. Of this amount, $1,549,000 is to the commissioner of natural resources for an agreement with the Minneapolis Park and Recreation Board and $251,000 is to the commissioner of natural resources to restore lost habitat and reintroduce mussels in the Mississippi River above St. Anthony Falls. This work includes creating habitat and species restoration plans, implementing the restoration plans, and monitoring effectiveness of the restoration for multiple years after implementation. This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered.

(f) Minnesota Hunter Walking Trails: Public Land Recreational Access

$300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Ruffed Grouse Society to improve Minnesota's hunter walking trail system by restoring or upgrading trailheads and trails, developing new walking trails, and compiling enhanced maps for use by managers and the public.

(g) Turning Back to Rivers: Environmental and Recreational Protection

$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with The Trust for Public Land to help local communities acquire priority land along the Mississippi, St. Croix, and Minnesota Rivers and their tributaries to protect natural resources, provide buffers for flooding, and improve access for recreation.

(h) Metropolitan Regional Parks System Land Acquisition - Phase VI

$1,000,000 the second year is from the trust fund to the Metropolitan Council for grants to acquire land within the approved park boundaries of the metropolitan regional park system. This appropriation must be matched by at least 40 percent of nonstate money.

(i) Minnesota State Trails Development

$994,000 the second year is from the trust fund to the commissioner of natural resources to expand high-priority recreational opportunities on Minnesota's state trails by rehabilitating, improving, and enhancing existing state trails. The high-priority trail bridges to be rehabilitated or replaced under this appropriation include, but are not limited to, those on the Taconite, Great River Ridge, and C. J. Ramstad/Northshore State Trails.

(j) Elm Creek Restoration - Phase IV

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Champlin to conduct habitat and stream restoration of approximately 0.7 miles of Elm Creek shoreline above Mill Pond Lake and through the Elm Creek Protection Area.

(k) Superior Hiking Trail as Environmental Showcase

$450,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Superior Hiking Trail Association to rebuild damaged and dangerous segments and create a new trail segment of the Superior Hiking Trail to minimize environmental impacts, make the trail safer for users, and make the trail more resilient for future use and conditions.

(l) Upper St. Anthony Falls Enhancements

$2,800,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Friends of the Lock and Dam in partnership with the city of Minneapolis to design and install green infrastructure, public access, and habitat restorations on riverfront land at Upper St. Anthony Falls for water protection, recreation, and environmental education purposes. Of this amount, up to $600,000 is for planning, design, and engagement. No funds from this appropriation may be spent until Congress directs the U.S. Army Corps of Engineers to convey an interest in the Upper St. Anthony Falls property to the city of Minneapolis for use as a visitor center. After this congressional act is signed into law, up to $100,000 of the planning, design, and engagement funds may be spent. The remaining planning, design, and engagement funds may be spent after a binding agreement has been secured to acquire the land or access and use rights to the land for at least 25 years. Any remaining balance of the appropriation may be spent on installing enhancements after the Upper St. Anthony Falls land has been acquired by the city of Minneapolis.

(m) Whiskey Creek and Mississippi River Water Quality, Habitat, and Recreation

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Mississippi Headwaters Board new text begin for the city of Baxter new text end to acquire deleted text begin and transfer approximately 13 acres ofdeleted text end land deleted text begin to the city of Baxterdeleted text end for future construction of water quality, habitat, and recreational improvements to protect the Mississippi River.

(n) Perham to Pelican Rapids Regional Trail (West Segment)

$2,600,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Otter Tail County to construct the west segment of the 32-mile Perham to Pelican Rapids Regional Trail that will connect the city of Pelican Rapids to Maplewood State Park.

(o) Crow Wing County Community Natural Area Acquisition

$400,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Crow Wing County to acquire approximately 65 acres of land adjacent to the historic fire tower property to allow for diverse recreational opportunities while protecting wildlife habitat and preventing forest fragmentation. Any revenue generated from selling products or assets developed or acquired with this appropriation must be repaid to the trust fund unless a plan is approved for reinvestment of income in the project as provided under Minnesota Statutes, section 116P.10.

(p) Rocori Trail - Phase III

$1,200,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Rocori Trail Construction Board to design and construct Phase III of the Rocori Trail along the old Burlington Northern Santa Fe rail corridor between the cities of Cold Spring and Rockville.

(q) Mesabi Trail: New Trail and Additional Funding

$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the St. Louis and Lake Counties Regional Railroad Authority for constructing the Mesabi Trail beginning at the intersection of County Road 20 and Minnesota State Highway 135 and terminating at 1st Avenue North and 1st Street North in the city of Biwabik in St. Louis County. This appropriation may not be spent until all Mesabi Trail projects funded with trust fund appropriations before fiscal year 2020, with the exception of the project funded under Laws 2017, chapter 96, section 2, subdivision 9, paragraph (g), are completed.

(r) Ranier Safe Harbor and Transient Dock on Rainy Lake

$762,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Ranier to construct a dock that accommodates boats 26 feet or longer with the goal of increasing public access for boat recreation on Rainy Lake. Any revenue generated from selling products or assets developed or acquired with this appropriation must be repaid to the trust fund unless a plan is approved for reinvestment of income in the project as provided under Minnesota Statutes, section 116P.10.

(s) Crane Lake Voyageurs National Park Campground and Visitor Center

$3,100,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the town of Crane Lake to design and construct a new campground and to plan and preliminarily prepare a site for constructing a new Voyageurs National Park visitor center on land acquired for these purposes in Crane Lake. Any revenue generated from selling products or assets developed or acquired with this appropriation must be repaid to the trust fund unless a plan is approved for reinvestment of income in the project as provided under Minnesota Statutes, section 116P.10.

(t) Chippewa County Acquisition, Recreation, and Education

$160,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Chippewa County to acquire wetland and floodplain forest and abandoned gravel pits along the Minnesota River to provide water filtration, education, and recreational opportunities.

(u) Sportsmen's Training and Developmental Learning Center

$85,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Forest Zone Trappers Association to complete a site evaluation and master plan for the Sportsmen's Training and Developmental Learning Center near Hibbing. Any revenue generated from selling products or assets developed or acquired with this appropriation must be repaid to the trust fund unless a plan is approved for reinvestment of income in the project as provided under Minnesota Statutes, section 116P.10.

(v) Birch Lake Recreation Area

$350,000 the second year is from the trust fund to the commissioner of natural resources for a grant to the city of Babbitt to expand the Birch Lake Recreation Area by adding a new campground to include new campsites, restrooms, and other facilities. This appropriation is available until June 30, 2025.

Sec. 13.

Laws 2022, chapter 94, section 2, subdivision 5, is amended to read:

Subd. 5.

Environmental Education

-0- 4,269,000
(a) Teacher Field School: Stewardship through Nature-Based Education

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Hamline University to create an immersive, research-backed field school for teachers to use nature-based education to benefit student well-being and academic outcomes while increasing stewardship habits.

(b) Increasing K-12 Student Learning to Develop Environmental Awareness, Appreciation, and Interest

$1,602,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Osprey Wilds Environmental Learning Center to partner with Minnesota's five other accredited residential environmental learning centers to provide needs-based scholarships to deleted text begin at least 25,000deleted text end K-12 students statewide for immersive multiday environmental learning experiences.

(c) Expanding Access to Wildlife Learning Bird by Bird

$276,000 the second year is from the trust fund to the commissioner of natural resources to engage young people from diverse communities in wildlife conservation through bird-watching in schools, outdoor leadership training, and participating in neighborhood bird walks.

(d) Engaging a Diverse Public in Environmental Stewardship

$300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to increase participation in natural resources restoration efforts through volunteer, internship, and youth engagement activities that target diverse audiences more accurately reflecting local demographic and socioeconomic conditions in Minnesota.

(e) Bugs Below Zero: Engaging Citizens in Winter Research

$198,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to raise awareness about the winter life of bugs, inspire learning about stream food webs, and engage citizen scientists in research and environmental stewardship.

(f) ESTEP: Earth Science Teacher Education Project

$495,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Science Teachers Association to provide professional development for Minnesota science teachers in environmental and earth science to strengthen environmental education in schools.

(g) YES! Students Take Action to Complete Eco Projects

$199,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Prairie Woods Environmental Learning Center, in partnership with Ney Nature Center and Laurentian Environmental Center, to empower Minnesota youth to connect with natural resource experts, identify ecological challenges, and take action to complete innovative projects in their communities.

(h) Increasing Diversity in Environmental Careers

$500,000 the second year is from the trust fund to the commissioner of natural resources, in cooperation with Conservation Corps Minnesota and Iowa, to encourage a diversity of students to pursue careers in the environment and natural resources through internships, mentorships, and fellowships with the Department of Natural Resources, the Board of Water and Soil Resources, and the Pollution Control Agency.

(i) Diversity and Access to Wildlife-Related Opportunities

$199,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to broaden the state's conservation constituency by researching diverse communities' values about nature and wildlife experiences and identifying barriers to engagement.

Sec. 14.

Laws 2022, chapter 94, section 2, subdivision 8, is amended to read:

Subd. 8.

Methods to Protect, Restore, and Enhance Land, Water, and Habitat

-0- 11,294,000
(a) Minnesota's Volunteer Rare Plant Conservation Corps

$859,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Minnesota Landscape Arboretum to partner with the Department of Natural Resources and the Minnesota Native Plant Society to establish and train a volunteer corps to survey, monitor, and bank seed from Minnesota's rare plant populations and enhance the effectiveness and efficiencies of conservation efforts.

(b) Conservation Corps Veterans Service Corps Program

$1,339,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Conservation Corps Minnesota to create a Veterans Service Corps program to accelerate natural resource restorations in Minnesota while providing workforce development opportunities for the state's veterans.

(c) Creating Seed Sources of Early-Blooming Plants for Pollinators

$200,000 the second year is from the trust fund to the commissioner of natural resources to establish new populations of early-season flowers by hand-harvesting and propagating species that are currently lacking in prairie restorations and that are essential to pollinator health. This appropriation is available until June 30, 2026, by which time the project must be completed and final products delivered.

(d) Hastings Lake Rebecca Park Area

$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Hastings to develop an ecological-based master plan for Lake Rebecca Park and to enhance habitat quality and construct passive recreational facilities consistent with the master plan. No funds for implementation may be spent until the master plan is complete.

(e) Pollinator Plantings and the Redistribution of Soil Toxins

$610,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to map urban and suburban soil toxins of concern, such as heavy metals and microplastics, and to test whether pollinator plantings can redistribute these toxins in the soil of yards, parks, and community gardens and reduce exposure to humans and wildlife.

(f) PFAS Fungal-Wood Chip Filtering System

$189,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to identify, develop, and field-test various types of waste wood chips and fungi to sequester and degrade PFAS leachate from contaminated waste sites. This appropriation is subject to Minnesota Statutes, section 116P.10.

(g) Phytoremediation for Extracting Deicing Salt

$451,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to protect lands and waters from contamination by collaborating with the Department of Transportation to develop methods for using native plants to remediate roadside deicing salt.

(h) Mustinka River Fish and Wildlife Habitat Corridor Rehabilitation

$2,692,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Bois de Sioux Watershed District to permanently rehabilitate a straightened reach of the Mustinka River to a naturally functioning stream channel and floodplain corridor for water, fish, and wildlife benefits.

(i) Bohemian Flats Savanna Restoration

$286,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Minneapolis Park and Recreation Board to restore an area of compacted urban turf within Bohemian Flats Park and adjacent to the Mississippi River to an oak savanna ecosystem.

(j) Watershed and Forest Restoration: What a Match!

$3,318,000 the second year is from the trust fund to the Board of Water and Soil Resources, in cooperation with soil and water conservation districts, the Mille Lacs Band of Ojibwe, and the Department of Natural Resources, new text begin to acquire interests in land and new text end to accelerate tree planting on deleted text begin privately owned,deleted text end protected lands for water-quality protection and carbon sequestration.new text begin Notwithstanding subdivision 14, paragraph (e), this appropriation may be spent to reforest lands protected through long-term contracts as provided in the approved work plan.new text end

(k) River Habitat Restoration and Recreation in Melrose

$350,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Melrose to conduct habitat restoration and create fishing, canoeing, and camping opportunities along a segment of the Sauk River within the city of Melrose and to provide public education about stream restoration, fish habitat, and the importance of natural areas.

Sec. 15.

Laws 2022, chapter 94, section 2, subdivision 9, is amended to read:

Subd. 9.

Habitat and Recreation

-0- 26,179,000
(a) Mesabi Trail: Wahlsten Road (CR 26) deleted text begin todeleted text end new text begin towardnew text end Tower

$1,307,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the St. Louis and Lake Counties Regional Railroad Authority to acquire easements, engineer, and construct a segment of the Mesabi Trail beginning at the intersection of Wahlsten Road (CR 26) and Benson Road in Embarrass and extending deleted text begin todeleted text end new text begin towardnew text end Tower.

(b) Environmental Learning Classroom with Trails

$82,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Mountain Iron-Buhl Public Schools to build an outdoor classroom pavilion, accessible trails, and a footbridge within the Mountain Iron-Buhl School Forest to conduct environmental education that cultivates a lasting conservation ethic.

(c) Local Parks, Trails, and Natural Areas Grant Programs

$3,560,000 the second year is from the trust fund to the commissioner of natural resources to solicit, rank, and fund competitive matching grants for local parks, trail connections, and natural and scenic areas under Minnesota Statutes, section 85.019. This appropriation is for local nature-based recreation, connections to regional and state natural areas, and recreation facilities and may not be used for athletic facilities such as sport fields, courts, and playgrounds.

(d) St. Louis River Re-Connect

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Duluth to expand recreational access along the St. Louis River and estuary by implementing the St. Louis River National Water Trail outreach plan, designing and constructing upgrades and extensions to the Waabizheshikana Trail, and installing interpretive features that describe the cultural and ecological significance of the area.

(e) Native Prairie Stewardship and Prairie Bank Easement Acquisition

$1,353,000 the second year is from the trust fund to the commissioner of natural resources to provide technical stewardship assistance to private landowners, restore and enhance native prairie protected by easements in the native prairie bank, and acquire easements for the native prairie bank in accordance with Minnesota Statutes, section 84.96, including preparing initial baseline property assessments. Up to $60,000 of this appropriation may be deposited in the natural resources conservation easement stewardship account created under Minnesota Statutes, section 84.69, proportional to the number of easements acquired.

(f) Minnesota State Parks and State Trails Maintenance and Development

$1,600,000 the second year is from the trust fund to the commissioner of natural resources for maintenance and development at state parks, recreation areas, and trails to protect Minnesota's natural heritage, enhance outdoor recreation, and improve the efficiency of public land management.

(g) Minnesota State Trails Development

$7,387,000 the second year is from the trust fund to the commissioner of natural resources to expand recreational opportunities on Minnesota state trails by rehabilitating and enhancing existing state trails and replacing or repairing existing state trail bridges.

(h) SNA Habitat Restoration and Public Engagement

$5,000,000 the second year is from the trust fund to the commissioner of natural resources for the scientific and natural areas (SNA) program to restore and enhance exceptional habitat on SNAs and increase public involvement and outreach.

(i) The Missing Link: Gull Lake Trail, Fairview Township

$1,394,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Fairview Township to complete the Gull Lake Trail by engineering and constructing the trail's final segment through Fairview Township in the Brainerd Lakes area.

(j) Silver Bay Multimodal Trailhead Project

$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Silver Bay to develop a multimodal trailhead center to provide safe access to the Superior, Gitchi-Gami, and C.J. Ramstad/North Shore trails; Black Beach Park; and other recreational destinations.

(k) Brookston Campground, Boat Launch, and Outdoor Recreational Facility

$453,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Brookston to build a campground, boat launch, and outdoor recreation area on the banks of the St. Louis River in northeastern Minnesota. Before any trust fund dollars are spent, the city must demonstrate that all funds to complete the project are secured and a fiscal agent must be approved in the work plan.

(l) Silver Lake Trail Connection

$727,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Virginia to design, engineer, and construct a multiuse trail that will connect Silver Lake Trail to a new Miners Entertainment and Convention Center and provide lighting on Bailey Lake Trail.

(m) Floodwood Campground Improvement Project

$816,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Floodwood to upgrade the Floodwood Campground and connecting trails to provide high-quality nature and recreation experience for people of all ages.

(n) Ranier Safe Harbor/Transient Dock - Phase 2

$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Ranier to construct a safe harbor and transient dock to accommodate watercraft of many sizes to improve public access for boat recreation on Rainy Lake. Before trust fund dollars are spent, a fiscal agent must be approved in the work plan. Before any trust fund dollars are spent, the city must demonstrate that all funds to complete the project are secured. Any revenue generated from selling products or assets developed or acquired with this appropriation must be repaid to the trust fund unless a plan is approved for reinvestment of income in the project as provided under Minnesota Statutes, section 116P.10.

Sec. 16.

new text begin EFFECTIVE DATE. new text end

new text begin Unless otherwise provided, this article is effective the day following final enactment. new text end

ARTICLE 3

POLLUTION CONTROL

Section 1.

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

new text begin Subd. 8a. new text end

new text begin Microplastics. new text end

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

Sec. 2.

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

new text begin Subd. 8b. new text end

new text begin Nanoplastics. new text end

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

Sec. 3.

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

new text begin Subd. 10a. new text end

new text begin Plastic. new text end

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

Sec. 4.

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

Subdivision 1.

Generally.

new text begin (a) new text end The deleted text begin agencydeleted text end new text begin commissionernew text end is deleted text begin herebydeleted text end given and charged with the following powers and duties:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 5.

Minnesota Statutes 2022, section 115.061, is amended to read:

115.061 DUTY TO NOTIFY; AVOIDING WATER POLLUTION.

(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency immediately of the discharge, accidental or otherwise, of any substance or material under its control which, if not recovered, may cause pollution of waters of the state, and the responsible person shall recover as rapidly and as thoroughly as possible such substance or material and take immediately such other action as may be reasonably possible to minimize or abate pollution of waters of the state caused thereby.

(b) Notification is not required under paragraph (a) for a discharge of five gallons or less of petroleum, as defined in section 115C.02, subdivision 10. This paragraph does not affect the other requirements of paragraph (a).

new text begin (c) Promptly after notifying the agency of a discharge under paragraph (a), a publicly owned treatment works or a publicly or privately owned domestic sewer system owner must provide notice to the potentially impacted public and to any downstream drinking water facility that may be impacted by the discharge. Notice to the public and to any drinking water facility must be made using the most efficient communications system available to the facility owner such as in person, telephone call, radio, social media, web page, or another expedited form. In addition, signage must be posted at all impacted public use areas within the same jurisdiction or notification must be provided to the entity that has jurisdiction over any impacted public use areas. A notice under this paragraph must include the date and time of the discharge, a description of the material released, a warning of the potential public health risk, and the permittee's contact information. new text end

new text begin (d) The agency must provide guidance that includes but is not limited to methods and protocols for providing timely notice under this section. new text end

Sec. 6.

Minnesota Statutes 2022, section 115A.03, is amended by adding a subdivision to read:

new text begin Subd. 10b. new text end

new text begin Environmental justice area. new text end

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

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

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

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

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

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

Sec. 7.

Minnesota Statutes 2022, section 115A.03, is amended by adding a subdivision to read:

new text begin Subd. 37a. new text end

new text begin Waste treated seed. new text end

new text begin "Waste treated seed" means seed that is treated, as defined in section 21.81, subdivision 28, and that is withdrawn from sale or that the end user considers unusable or otherwise a waste. new text end

Sec. 8.

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

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

Subdivision 1.

Definitions.

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

new text begin (1) "annual operating expenses" means the total amount of a producer's or stewardship organization's expenses in a calendar year for developing a stewardship plan, operating and administering the program in accordance with the stewardship plan, and meeting the requirements of this section, determined at the time the annual report required under subdivision 12 is submitted; new text end

deleted text begin (1)deleted text end new text begin (2)new text end "architectural paint" means interior and exterior architectural coatings sold in containers of five gallons or less. Architectural paint does not include industrial coatings, original equipment coatings, or specialty coatings;

deleted text begin (2)deleted text end new text begin (3)new text end "brand" means a name, symbol, word, or mark that identifies architectural paint, rather than its components, and attributes the paint to the owner or licensee of the brand as the producer;

deleted text begin (3)deleted text end new text begin (4)new text end "discarded paint" means architectural paint that is no longer used for its manufactured purpose;

deleted text begin (4)deleted text end new text begin (5)new text end "producer" means a person that:

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

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

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

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

deleted text begin (5)deleted text end new text begin (6)new text end "recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use;

deleted text begin (6)deleted text end new text begin (7)new text end "retailer" means any person who offers architectural paint for sale at retail in the state;

deleted text begin (7)deleted text end new text begin (8)new text end "reuse" means donating or selling collected architectural paint back into the market for its original intended use, when the architectural paint retains its original purpose and performance characteristics;

deleted text begin (8)deleted text end new text begin (9)new text end "sale" or "sell" means transfer of title of architectural paint for consideration, including a remote sale conducted through a sales outlet, catalog, website, or similar electronic means. Sale or sell includes a lease through which architectural paint is provided to a consumer by a producer, wholesaler, or retailer;

deleted text begin (9)deleted text end new text begin (10)new text end "stewardship assessment" means the amount added to the purchase price of architectural paint sold in the state deleted text begin that is necessary to cover the cost of collecting, transporting, and processing postconsumer architectural paint by the producer or stewardship organization pursuant to a product stewardship programdeleted text end new text begin to implement a product stewardship program according to an approved stewardship plannew text end ;

deleted text begin (10)deleted text end new text begin (11)new text end "stewardship organization" means an organization appointed by one or more producers to act as an agent on behalf of the producer to design, submit, and administer a product stewardship program under this section; and

deleted text begin (11)deleted text end new text begin (12)new text end "stewardship plan" means a detailed plan describing the manner in which a product stewardship program under subdivision 2 will be implemented.

Subd. 2.

Product stewardship program.

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

Subd. 3.

Participation required to sell.

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

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

Subd. 4.

Stewardship plan required.

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

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

(c) deleted text begin It is the responsibility ofdeleted text end The entities responsible for each stewardship plan deleted text begin todeleted text end new text begin mustnew text end notify the deleted text begin agencydeleted text end new text begin commissionernew text end within 30 days of any significant new text begin proposed new text end changes deleted text begin or modificationsdeleted text end to the plan or its implementation. Within 30 days of the notification, a written new text begin proposed new text end plan deleted text begin revisiondeleted text end new text begin amendmentnew text end must be submitted to the deleted text begin agencydeleted text end new text begin commissionernew text end for review and approvalnew text begin or rejectionnew text end .

Subd. 5.

Plan content.

A stewardship plan must contain:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 5a. new text end

new text begin Stewardship assessment. new text end

new text begin (a) The producer or stewardship organization must propose a uniform stewardship assessment for any architectural paint sold in the state that covers but does not exceed the costs of developing the stewardship plan, operating and administering the program in accordance with the stewardship plan and the requirements of this section, and maintaining a financial reserve. new text end

new text begin (b) The producer or stewardship organization must retain an independent auditor to review the proposed stewardship assessment to ensure that the assessment meets the requirements of this section. The independent auditor must recommend an amount for the stewardship assessment. new text end

new text begin (c) A stewardship organization's or producer's product stewardship program must not maintain a financial reserve in excess of 75 percent of its annual operating expenses. new text end

new text begin (d) If the financial reserve exceeds 75 percent of the producer's or stewardship organization's annual operating expenses, the producer or stewardship organization must submit a proposed plan amendment according to subdivision 4, paragraph (c), to comply with this subdivision. new text end

new text begin (e) A producer or stewardship organization may submit a written request to the commissioner for an extension of the time to comply with paragraphs (c) and (d). The commissioner must review and approve or reject the request. If the commissioner approves a request, the commissioner must determine the length of the extension, which must not exceed two consecutive years. The request must demonstrate that the financial reserve is projected to fall below 75 percent of the producer's or stewardship organization's annual operating expenses without a plan amendment within two years of the request. new text end

new text begin (f) If the financial reserve falls below 60 percent of the producer's or stewardship organization's annual operating expenses, the producer or stewardship organization may submit a proposed plan amendment according to subdivision 4, paragraph (c), to comply with this subdivision. new text end

new text begin (g) The commissioner must review and approve or reject the stewardship assessment according to subdivision 7. new text end

new text begin (h) A producer or stewardship organization may not use any money collected through a stewardship assessment to pay for litigation against the state related to this section or to pay penalties imposed according to section 115.071 or 116.072. new text end

Subd. 6.

Consultation required.

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

Subd. 7.

deleted text begin Agencydeleted text end new text begin Commissionernew text end review and approval.

(a) Within 90 days after deleted text begin receipt ofdeleted text end new text begin receivingnew text end a proposed stewardship plan, the deleted text begin agency shalldeleted text end new text begin commissioner mustnew text end determine whether the plan complies with deleted text begin subdivision 4deleted text end new text begin this sectionnew text end . If the deleted text begin agencydeleted text end new text begin commissionernew text end approves a plan, the deleted text begin agency shalldeleted text end new text begin commissioner mustnew text end notify the applicant of the plan approval in writing. If the deleted text begin agencydeleted text end new text begin commissionernew text end rejects a plan, the deleted text begin agency shalldeleted text end new text begin commissioner mustnew text end notify the applicant in writing of the reasons for rejecting the plan.

new text begin (b)new text end An applicant whose plan is rejected by the deleted text begin agencydeleted text end new text begin commissionernew text end must submit a revised new text begin stewardship new text end plan to the deleted text begin agencydeleted text end new text begin commissioner new text end within 60 days after receiving notice of rejection.

deleted text begin (b)deleted text end new text begin (c)new text end Any proposed deleted text begin changesdeleted text end new text begin amendmentnew text end to a stewardship plan must be new text begin reviewed and new text end approved new text begin or rejected new text end by the deleted text begin agencydeleted text end new text begin commissionernew text end in writingnew text begin according to this subdivisionnew text end .

Subd. 8.

Plan availability.

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

Subd. 9.

Conduct authorized.

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

Subd. 10.

Producer responsibilities.

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

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

Subd. 11.

Retailer responsibilities.

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

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

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

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

Subd. 12.

Stewardship reports.

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

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

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

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

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

(5) an independent financial audit.

Subd. 13.

Data classification.

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

Subd. 14.

deleted text begin Agencydeleted text end new text begin Commissionernew text end responsibilities.

The deleted text begin agency shalldeleted text end new text begin commissioner mustnew text end provide, on deleted text begin itsdeleted text end new text begin the agency'snew text end website, a list of all compliant producers and brands participating in stewardship plans that the deleted text begin agencydeleted text end new text begin commissionernew text end has approved and a list of all producers and brands the deleted text begin agencydeleted text end new text begin commissionernew text end has identified as noncompliant with this section.

Subd. 15.

Local government responsibilities.

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

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

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

Subd. 16.

Administrative fee.

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

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

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

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

new text begin Subd. 17. new text end

new text begin Duty to provide information. new text end

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

Sec. 9.

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

115A.49 deleted text begin SOLIDdeleted text end WASTE MANAGEMENT deleted text begin PROJECTSdeleted text end new text begin CAPITAL ASSISTANCE PROGRAMnew text end .

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

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

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

new text begin (2) reuse; new text end

new text begin (3) recycling; new text end

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

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

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

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

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

Sec. 10.

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

115A.51 APPLICATION REQUIREMENTS.

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

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

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

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

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

(5) that the applicant has identified:

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

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

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

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

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

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

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

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

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

Sec. 11.

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

Subdivision 1.

Purposes; public interest; declaration of policy.

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

Sec. 12.

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

Subd. 2.

Administration; assurance of funds.

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

Sec. 13.

Minnesota Statutes 2022, section 115A.54, subdivision 2a, as amended by Laws 2023, chapter 25, section 34, is amended to read:

Subd. 2a.

Solid waste management projects.

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

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

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

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

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

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

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

(d) The following projects may also receive grant assistance in the amounts specified in paragraph (c):

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 14.

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

Subdivision 1.

Grant program established.

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

Sec. 15.

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

Subd. 3.

Priorities; eligible projects.

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

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

(1) be locally administered;

(2) have an educational component and measurable outcomes;

(3) request $250,000 or less;

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

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

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

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

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

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

new text begin (ii) reuse; new text end

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

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

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

Sec. 16.

new text begin [115A.993] PROHIBITED DISPOSAL METHODS. new text end

new text begin A person must not dispose of waste treated seed in a manner inconsistent with the product label, where applicable, or by: new text end

new text begin (1) burial near a drinking water source or any creek, stream, river, lake, or other surface water; new text end

new text begin (2) composting; or new text end

new text begin (3) incinerating within a home or other dwelling. new text end

Sec. 17.

Minnesota Statutes 2022, section 115B.17, subdivision 14, is amended to read:

Subd. 14.

Requests for review, investigation, and oversight.

(a) The commissioner may, upon request, assist a person in determining whether real property has been the site of a release or threatened release of a hazardous substance, pollutant, or contaminant. The commissioner may also assist in, or supervise, the development and implementation of reasonable and necessary response actions. Assistance may include review of agency records and files, and review and approval of a requester's investigation plans and reports and response action plans and implementation.

(b) Except as otherwise provided in this paragraph, the person requesting assistance under this subdivision shall pay the agency for the agency's cost, as determined by the commissioner, of providing assistance. A state agency, political subdivision, or other public entity is not required to pay for the agency's cost to review agency records and files. deleted text begin Money received by the agency for assistance under this sectiondeleted text end new text begin The first $350,000 received annually by the agency for assistance under this subdivision from persons who are not otherwise responsible under sections 115B.01 to 115B.18new text end must be deposited in the remediation fund and is exempt from section 16A.1285.new text begin Money received after the first $350,000 must be deposited in the state treasury and credited to an account in the special revenue fund. Money in the account is annually appropriated to the commissioner for the purposes of administering this subdivision.new text end

(c) When a person investigates a release or threatened release in accordance with an investigation plan approved by the commissioner under this subdivision, the investigation does not associate that person with the release or threatened release for the purpose of section 115B.03, subdivision 3, paragraph (a), clause (4).

Sec. 18.

Minnesota Statutes 2022, section 115B.171, subdivision 3, is amended to read:

Subd. 3.

Test reporting.

(a) By deleted text begin Januarydeleted text end new text begin Marchnew text end 15 each year, the commissioner of the Pollution Control Agency must report to each community in the east metropolitan area a summary of the results of the testing for private wells in the community. The report must include information on the number of wells tested and trends of PFC contamination in private wells in the community. Reports to communities under this section must also be published on the Pollution Control Agency's website.

(b) By deleted text begin Januarydeleted text end new text begin Marchnew text end 15 each year, the commissioner of the Pollution Control Agency must report to the legislature, as provided in section 3.195, on the testing for private wells conducted in the east metropolitan area, including copies of the community reports required in paragraph (a), the number of requests for well testing in each community, and the total amount spent for testing private wells in each community.

Sec. 19.

Minnesota Statutes 2022, section 115B.52, subdivision 4, is amended to read:

Subd. 4.

Reporting.

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

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

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

(ii) evaluate and determine what projects receive funding;

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

(3) by deleted text begin Augustdeleted text end new text begin Octobernew text end 1, deleted text begin 2019deleted text end new text begin 2023new text end , and each year thereafter, a report to the legislature on expenditures from the water quality and sustainability account during the previous fiscal year and a spending plan for anticipated expenditures from the account during the current fiscal year.

Sec. 20.

new text begin [116.064] ODOR MANAGEMENT. 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) "Objectionable odor" means pollution of the ambient air beyond the property line of a facility consisting of an odor that, considering its characteristics, intensity, frequency, and duration: new text end

new text begin (1) is, or can reasonably be expected to be, injurious to public health or welfare; or new text end

new text begin (2) unreasonably interferes with the enjoyment of life or the use of property of persons exposed to the odor. new text end

new text begin (c) "Odor complaint" means a notification received and recorded by the agency or by a political subdivision from an identifiable person that describes the nature, duration, and location of the odor. new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section applies to facilities that are located in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington. new text end

new text begin Subd. 3. new text end

new text begin Prohibition. new text end

new text begin No person may cause or allow emission into the ambient air of any substance or combination of substances in quantities that produce an objectionable odor beyond the property line of the facility that is the source of the odor. new text end

new text begin Subd. 4. new text end

new text begin Odor complaints; investigation. new text end

new text begin (a) The agency must conduct a site investigation of any facility against which ten or more verifiable odor complaints have been submitted to the agency or to local government officials within 48 hours. The investigation must include: new text end

new text begin (1) an interview with the owner or operator of the facility against which the complaint was made; new text end

new text begin (2) a physical examination of the facilities, equipment, operations, conditions, methods, storage areas for material inputs, chemicals and waste, and any other factors that may contribute to or are designed to mitigate the emission of odors; and new text end

new text begin (3) testing at locations identified in the odor complaints and at other locations beyond the property line of the facility that is the source of the odor using a precision instrument capable of measuring odors in ambient air. new text end

new text begin (b) The commissioner, based upon the agency's site investigation and the results of odor testing and considering the nature, intensity, frequency, and duration of the odor and other relevant factors, shall determine whether the odor emitted from the facility constitutes an objectionable odor. In making the determination, the commissioner may consider the opinions of a random sample of persons exposed to samples of the odor taken from ambient air beyond the property line of the facility that is the source of the odor. new text end

new text begin (c) The agency must notify officials in local jurisdictions: new text end

new text begin (1) of odor complaints filed with the agency regarding properties within the local jurisdiction; new text end

new text begin (2) of any investigation of an odor complaint conducted by the agency at a facility within the local jurisdiction and the results of the investigation; new text end

new text begin (3) that odor complaints filed with respect to properties located within those jurisdictions must be forwarded to the agency within three business days of being filed; and new text end

new text begin (4) of any additional actions taken by the agency with respect to the complaints. new text end

new text begin Subd. 5. new text end

new text begin Objectionable odor; management plan. new text end

new text begin (a) If the commissioner determines under subdivision 4 that the odor emitted from a facility is an objectionable odor, the commissioner shall require the owner of the facility to develop and submit to the agency for review within 90 days an odor management plan designed to mitigate odor emissions. The agency must provide technical assistance to the property owner in developing a management plan, including: new text end

new text begin (1) identifying odor control technology and equipment that may reduce odor emissions; and new text end

new text begin (2) identifying alternative methods of operation or alternative materials that may reduce odor emissions. new text end

new text begin The commissioner may grant an extension for submission of the odor management plan for up to an additional 90 days for good cause. new text end

new text begin (b) An odor management plan must contain, at a minimum, for each odor source contributing to odor emissions: new text end

new text begin (1) a description of plant operations and materials that generate odors; new text end

new text begin (2) proposed changes in equipment, operations, or materials that are designed to mitigate odor emissions; new text end

new text begin (3) the estimated effectiveness of the plan in reducing odor emissions; new text end

new text begin (4) the estimated cost of implementing the plan; and new text end

new text begin (5) a schedule of plan implementation activities. new text end

new text begin (c) The commissioner may accept, reject, or modify an odor management plan submitted under this subdivision. new text end

new text begin (d) If the commissioner, based upon the same factors considered under subdivision 4, paragraph (b), determines that implementation of the odor management plan has failed to reduce the facility's odor emissions to a level where they are no longer objectionable odors, the commissioner shall order the facility owner to revise the odor management plan within 90 days of receipt of the commissioner's order. If the revised odor management plan is not acceptable to the commissioner or is implemented but fails to reduce the property's odor emissions to a level where they are no longer objectionable odors, the commissioner may impose penalties under section 115.071 or may modify or revoke the facility's permit under section 116.07, subdivision 4a, paragraph (d). new text end

new text begin Subd. 6. new text end

new text begin Exemptions. new text end

new text begin This section does not apply to: new text end

new text begin (1) on-farm animal and agricultural operations; new text end

new text begin (2) motor vehicles and transportation facilities; new text end

new text begin (3) municipal wastewater treatment plants; new text end

new text begin (4) single-family dwellings not used for commercial purposes; new text end

new text begin (5) materials odorized for safety purposes; new text end

new text begin (6) painting and coating operations that are not required to be licensed; new text end

new text begin (7) restaurants; new text end

new text begin (8) temporary activities and operations; new text end

new text begin (9) refineries; and new text end

new text begin (10) Metropolitan Council wastewater systems. new text end

new text begin Subd. 7. new text end

new text begin Rulemaking required. new text end

new text begin (a) The commissioner must adopt rules to implement this section, and section 14.125 does not apply. new text end

new text begin (b) The commissioner must comply with chapter 14 and must complete the statement of need and reasonableness according to chapter 14 and section 116.07, subdivision 2, paragraph (f). new text end

new text begin (c) The rules must include: new text end

new text begin (1) an odor standard or standards for air pollution that may qualify as an objectionable odor under subdivision 1, paragraph (b), clause (2); new text end

new text begin (2) a process for determining if an odor is objectionable; new text end

new text begin (3) a process for investigating and addressing odor complaints; new text end

new text begin (4) guidance for developing odor-management plans; and new text end

new text begin (5) procedures and criteria for determining the success or failure of an odor-management plan. 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. 21.

new text begin [116.943] PRODUCTS CONTAINING PFAS. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress. new text end

new text begin (c) "Air care product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating odors or freshening the air. new text end

new text begin (d) "Automotive maintenance product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles. Automotive maintenance product does not include automotive paint or paint repair products. new text end

new text begin (e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering. new text end

new text begin (f) "Cleaning product" means a finished product used primarily for domestic, commercial, or institutional cleaning purposes, including but not limited to an air care product, an automotive maintenance product, a general cleaning product, or a polish or floor maintenance product. new text end

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

new text begin (h) "Cookware" means durable houseware items used to prepare, dispense, or store food, foodstuffs, or beverages. Cookware includes but is not limited to pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils. new text end

new text begin (i) "Cosmetic" means articles, excluding soap: new text end

new text begin (1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for the purpose of cleansing, beautifying, promoting attractiveness, or altering the appearance; and new text end

new text begin (2) intended for use as a component of any such article. new text end

new text begin (j) "Currently unavoidable use" means a use of PFAS that the commissioner has determined by rule under this section to be essential for health, safety, or the functioning of society and for which alternatives are not reasonably available. new text end

new text begin (k) "Fabric treatment" means a substance applied to fabric to give the fabric one or more characteristics, including but not limited to stain resistance or water resistance. new text end

new text begin (l) "Intentionally added" means PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product's components to perform a specific function. new text end

new text begin (m) "Juvenile product" means a product designed or marketed for use by infants and children under 12 years of age: new text end

new text begin (1) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper; booster seat; changing pad; child restraint system for use in motor vehicles and aircraft; co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow; portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable crib; stroller; and toddler mattress; and new text end

new text begin (2) not including a children's electronic product such as a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power cord; or an adult mattress. new text end

new text begin (n) "Manufacturer" means the person that creates or produces a product or whose brand name is affixed to the product. In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States. new text end

new text begin (o) "Medical device" has the meaning given "device" under United States Code, title 21, section 321, subsection (h). new text end

new text begin (p) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. new text end

new text begin (q) "Product" means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including but not limited to its product components, sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products. new text end

new text begin (r) "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component. new text end

new text begin (s) "Ski wax" means a lubricant applied to the bottom of snow runners, including but not limited to skis and snowboards, to improve their grip or glide properties. Ski wax includes related tuning products. new text end

new text begin (t) "Textile" means an item made in whole or part from a natural or synthetic fiber, yarn, or fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose, nylon, and polyester. new text end

new text begin (u) "Textile furnishings" means textile goods of a type customarily used in households and businesses, including but not limited to draperies, floor coverings, furnishings, bedding, towels, and tablecloths. new text end

new text begin (v) "Upholstered furniture" means an article of furniture that is designed to be used for sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling material. new text end

new text begin Subd. 2. new text end

new text begin Information required. new text end

new text begin (a) On or before January 1, 2026, a manufacturer of a product sold, offered for sale, or distributed in the state that contains intentionally added PFAS must submit to the commissioner information that includes: new text end

new text begin (1) a brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product; new text end

new text begin (2) the purpose for which PFAS are used in the product, including in any product components; new text end

new text begin (3) the amount of each PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner; new text end

new text begin (4) the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and new text end

new text begin (5) any additional information requested by the commissioner as necessary to implement the requirements of this section. new text end

new text begin (b) With the approval of the commissioner, a manufacturer may supply the information required in paragraph (a) for a category or type of product rather than for each individual product. new text end

new text begin (c) A manufacturer must submit the information required under this subdivision whenever a new product that contains intentionally added PFAS is sold, offered for sale, or distributed in the state and update and revise the information whenever there is significant change in the information or when requested to do so by the commissioner. new text end

new text begin (d) A person may not sell, offer for sale, or distribute for sale in the state a product containing intentionally added PFAS if the manufacturer has failed to provide the information required under this subdivision and the person has received notification under subdivision 4. new text end

new text begin Subd. 3. new text end

new text begin Information requirement waivers; extensions. new text end

new text begin (a) The commissioner may waive all or part of the information requirement under subdivision 2 if the commissioner determines that substantially equivalent information is already publicly available. The commissioner may grant a waiver under this paragraph to a manufacturer or a group of manufacturers for multiple products or a product category. new text end

new text begin (b) For a pesticide regulated under chapter 18B, a fertilizer, an agricultural liming material, a plant amendment, or a soil amendment regulated under chapter 18C, a manufacturer may satisfy the requirements of subdivision 2 by submitting the information required by that subdivision as part of its annual registration or approval process under chapter 18B or 18C. For information that is regulated under chapters 18B and 18C, the commissioner and the commissioner of agriculture must jointly determine whether to make the information publicly available based on applicable statutes. new text end

new text begin (c) The commissioner may enter into an agreement with one or more other states or political subdivisions of a state to collect information and may accept information to a shared system as meeting the information requirement under subdivision 2. new text end

new text begin (d) The commissioner may extend the deadline for submission by a manufacturer of the information required under subdivision 2 if the commissioner determines that more time is needed by the manufacturer to comply with the submission requirement. new text end

new text begin Subd. 4. new text end

new text begin Testing required and certificate of compliance. new text end

new text begin (a) If the commissioner has reason to believe that a product contains intentionally added PFAS and the product is being offered for sale in the state, the commissioner may direct the manufacturer of the product to, within 30 days, provide the commissioner with testing results that demonstrate the amount of each of the PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner. new text end

new text begin (b) If testing demonstrates that the product does not contain intentionally added PFAS, the manufacturer must provide the commissioner a certificate attesting that the product does not contain intentionally added PFAS, including testing results and any other relevant information. new text end

new text begin (c) If testing demonstrates that the product contains intentionally added PFAS, the manufacturer must provide the commissioner with the testing results and the information required under subdivision 2. new text end

new text begin (d) A manufacturer must notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state and provide the commissioner with a list of the names and addresses of those notified. new text end

new text begin (e) The commissioner may notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state. new text end

new text begin Subd. 5. new text end

new text begin Prohibitions. new text end

new text begin (a) Beginning January 1, 2025, a person may not sell, offer for sale, or distribute for sale in this state the following products if the product contains intentionally added PFAS: new text end

new text begin (1) carpets or rugs; new text end

new text begin (2) cleaning products; new text end

new text begin (3) cookware; new text end

new text begin (4) cosmetics; new text end

new text begin (5) dental floss; new text end

new text begin (6) fabric treatments; new text end

new text begin (7) juvenile products; new text end

new text begin (8) menstruation products; new text end

new text begin (9) textile furnishings; new text end

new text begin (10) ski wax; or new text end

new text begin (11) upholstered furniture. new text end

new text begin (b) The commissioner may by rule identify additional products by category or use that may not be sold, offered for sale, or distributed for sale in this state if they contain intentionally added PFAS and designate effective dates. A prohibition adopted under this paragraph must be effective no earlier than January 1, 2025, and no later than January 1, 2032. The commissioner must prioritize the prohibition of the sale of product categories that, in the commissioner's judgment, are most likely to contaminate or harm the state's environment and natural resources if they contain intentionally added PFAS. new text end

new text begin (c) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in this state any product that contains intentionally added PFAS, unless the commissioner has determined by rule that the use of PFAS in the product is a currently unavoidable use. The commissioner may specify specific products or product categories for which the commissioner has determined the use of PFAS is a currently unavoidable use. The commissioner may not determine that the use of PFAS in a product is a currently unavoidable use if the product is listed in paragraph (a). new text end

new text begin (d) The commissioner may not take action under paragraph (b) or (c) with respect to a pesticide, as defined under chapter 18B, a fertilizer, an agricultural liming material, a plant amendment, or a soil amendment as defined under chapter 18C, unless the commissioner of agriculture approves the action. new text end

new text begin Subd. 6. new text end

new text begin Fees. new text end

new text begin The commissioner may establish by rule a fee payable by a manufacturer to the commissioner upon submission of the information required under subdivision 2 to cover the agency's reasonable costs to implement this section. Fees collected under this subdivision must be deposited in an account in the environmental fund. new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner may enforce this section under sections 115.071 and 116.072. The commissioner may coordinate with the commissioners of agriculture, commerce, and health in enforcing this section. new text end

new text begin (b) When requested by the commissioner, a person must furnish to the commissioner any information that the person may have or may reasonably obtain that is relevant to show compliance with this section. new text end

new text begin Subd. 8. new text end

new text begin Exemptions. new text end

new text begin (a) This section does not apply to: new text end

new text begin (1) a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority; new text end

new text begin (2) a product regulated under section 325F.072 or 325F.075; or new text end

new text begin (3) the sale or resale of a used product. new text end

new text begin (b) Subdivisions 4 and 5 do not apply to a prosthetic or orthotic device or to any product that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the United States Food and Drug Administration. new text end

new text begin Subd. 9. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules necessary to implement this section. Section 14.125 does not apply to the commissioner's rulemaking authority under this section. new text end

new text begin Subd. 10. new text end

new text begin Short title. new text end

new text begin This section is "Amara's Law." new text end

Sec. 22.

Minnesota Statutes 2022, section 116C.03, subdivision 2a, is amended to read:

Subd. 2a.

Public members.

The membership terms, compensation, removal, and filling of vacancies of public members of the board shall be as provided in section 15.0575new text begin , except that a public member may be compensated at the rate of up to $125 a daynew text end .

Sec. 23.

Minnesota Statutes 2022, section 325E.046, is amended to read:

325E.046 STANDARDS FOR LABELING deleted text begin PLASTICdeleted text end BAGSnew text begin , FOOD OR BEVERAGE PRODUCTS, AND PACKAGINGnew text end .

Subdivision 1.

deleted text begin "deleted text end Biodegradabledeleted text begin "deleted text end label.

A manufacturer, distributor, or wholesaler new text begin may not sell or offer for sale and any other personnew text end may not new text begin knowingly sell or new text end offer for sale in this state a deleted text begin plastic bagdeleted text end new text begin covered productnew text end labeled "biodegradable," "degradable," new text begin "decomposable," new text end or any form of those terms, or in any way imply that the deleted text begin bagdeleted text end new text begin covered productnew text end will deleted text begin chemically decompose into innocuous elements in a reasonably short period of time in a landfill, composting, or other terrestrial environment unless a scientifically based standard for biodegradability is developed and the bags are certified as meeting the standard.deleted text end new text begin break down, fragment, degrade, biodegrade, or decompose in a landfill or other environment, unless an ASTM standard specification is adopted for the term claimed and the product is certified as meeting the specification in compliance with the provisions of subdivision 2a. new text end

Subd. 2.

deleted text begin "deleted text end Compostabledeleted text begin "deleted text end label.

new text begin (a) new text end A manufacturer, distributor, or wholesaler new text begin may not sell or offer for sale and any other personnew text end may not new text begin knowingly sell or new text end offer for sale in this state a deleted text begin plastic bagdeleted text end new text begin covered productnew text end labeled "compostable" unless, at the time of salenew text begin or offer for salenew text end , the deleted text begin bagdeleted text end new text begin covered product:new text end

new text begin (1)new text end meets the ASTM Standard Specification for deleted text begin Compostabledeleted text end new text begin Labeling ofnew text end Plastics new text begin Designed to be Aerobically Composted in Municipal or Industrial Facilities new text end (D6400)deleted text begin . Each bag must be labeled to reflect that it meets the standard. For purposes of this subdivision, "ASTM" has the meaning given in section 296A.01, subdivision 6.deleted text end new text begin or its successor or the ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities (D6868) or its successor, and the covered product is labeled to reflect that it meets the specification;new text end

new text begin (2) is comprised of only wood without any coatings or additives; or new text end

new text begin (3) is comprised of only paper without any coatings or additives. new text end

new text begin (b) A covered product labeled "compostable" and meeting the criteria under paragraph (a) must be clearly and prominently labeled on the product, or on the product's smallest unit of sale, to reflect that it is intended for an industrial or commercial compost facility. The label required under this paragraph must be in a legible text size and font. new text end

new text begin Subd. 2a. new text end

new text begin Certification of products. new text end

new text begin Beginning January 1, 2026, a manufacturer, distributor, or wholesaler may not sell or offer for sale and any other person may not knowingly sell or offer for sale in this state a covered product labeled as "biodegradable" or "compostable" unless the covered product is certified as meeting the requirements of subdivision 1 or 2, as applicable, by an entity that: new text end

new text begin (1) is a nonprofit corporation; new text end

new text begin (2) as its primary focus of operation, promotes the production, use, and appropriate end of life for materials and products that are designed to fully biodegrade in specific biologically active environments such as industrial composting; and new text end

new text begin (3) is technically capable of and willing to perform analysis necessary to determine a product's compliance with subdivision 1 or 2, as applicable. new text end

Subd. 3.

Enforcement; civil penalty; injunctive relief.

(a) A deleted text begin manufacturer, distributor, or wholesalerdeleted text end new text begin personnew text end who violates deleted text begin subdivision 1 or 2deleted text end new text begin this sectionnew text end is subject to a civil new text begin or administrative new text end penalty of $100 for each prepackaged saleable unit new text begin sold or new text end offered for sale up to a maximum of $5,000 and may be enjoined from those violations.

(b) The attorney general may bring an action in the name of the state in a court of competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in this subdivision. The attorney general may accept an assurance of discontinuance of acts in violation of deleted text begin subdivision 1 or 2deleted text end new text begin this sectionnew text end in the manner provided in section 8.31, subdivision 2b.

new text begin (c) The commissioner of the Pollution Control Agency may enforce this section under sections 115.071 and 116.072. The commissioner may coordinate with the commissioners of commerce and health in enforcing this section. new text end

new text begin (d) When requested by the commissioner of the Pollution Control Agency, a person selling or offering for sale a covered product labeled as "compostable" must furnish to the commissioner any information that the person may have or may reasonably obtain that is relevant to show compliance with this section. new text end

new text begin Subd. 4. new text end

new text begin Definitions. new text end

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

new text begin (1) "ASTM" has the meaning given in section 296A.01, subdivision 6; new text end

new text begin (2) "covered product" means a bag, food or beverage product, or packaging; new text end

new text begin (3) "food or beverage product" means a product that is used to wrap, package, contain, serve, store, prepare, or consume a food or beverage, such as plates, bowls, cups, lids, trays, straws, utensils, and hinged or lidded containers; and new text end

new text begin (4) "packaging" has the meaning given in section 115A.03, subdivision 22b. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

new text begin [325E.3892] LEAD AND CADMIUM IN CONSUMER PRODUCTS; PROHIBITION. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "covered product" means any of the following products or product components: new text end

new text begin (1) jewelry; new text end

new text begin (2) toys; new text end

new text begin (3) cosmetics and personal care products; new text end

new text begin (4) puzzles, board games, card games, and similar games; new text end

new text begin (5) play sets and play structures; new text end

new text begin (6) outdoor games; new text end

new text begin (7) school supplies; new text end

new text begin (8) pots and pans; new text end

new text begin (9) cups, bowls, and other food containers; new text end

new text begin (10) craft supplies and jewelry-making supplies; new text end

new text begin (11) chalk, crayons, paints, and other art supplies; new text end

new text begin (12) fidget spinners; new text end

new text begin (13) costumes, costume accessories, and children's and seasonal party supplies; new text end

new text begin (14) keys, key chains, and key rings; and new text end

new text begin (15) clothing, footwear, headwear, and accessories. new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) A person must not import, manufacture, sell, hold for sale, or distribute or offer for use in this state any covered product containing: new text end

new text begin (1) lead at more than 0.009 percent by total weight (90 parts per million); or new text end

new text begin (2) cadmium at more than 0.0075 percent by total weight (75 parts per million). new text end

new text begin (b) This section does not apply to covered products containing lead or cadmium, or both, when regulation is preempted by federal law. new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioners of the Pollution Control Agency, commerce, and health may coordinate to enforce this section. The commissioner of the Pollution Control Agency or commerce may, with the attorney general, enforce any federal restrictions on the sale of products containing lead or cadmium, or both, as allowed under federal law. The commissioner of the Pollution Control Agency may enforce this section under sections 115.071 and 116.072. The commissioner of commerce may enforce this section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and 325F.14 to 325F.16. The attorney general may enforce this section under section 8.31. new text end

new text begin (b) When requested by the commissioner of the Pollution Control Agency, the commissioner of commerce, or the attorney general, a person must furnish to the commissioner or attorney general any information that the person may have or may reasonably obtain that is relevant to show compliance with this section. new text end

Sec. 25.

Minnesota Statutes 2022, section 325F.072, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Class B firefighting foam" means foam designed deleted text begin for flammable liquid firesdeleted text end new text begin to prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases, tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gasesnew text end .

(c) "PFAS chemicals" or "perfluoroalkyl and polyfluoroalkyl substances" meansdeleted text begin , for the purposes of firefighting agents,deleted text end a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom deleted text begin and designed to be fully functional in class B firefighting foam formulationsdeleted text end .

(d) "Political subdivision" means a county, city, town, or a metropolitan airports commission organized and existing under sections 473.601 to 473.679.

(e) "State agency" means an agency as defined in section 16B.01, subdivision 2.

(f) "Testing" means calibration testing, conformance testing, and fixed system testing.

Sec. 26.

Minnesota Statutes 2022, section 325F.072, subdivision 3, is amended to read:

Subd. 3.

Prohibition deleted text begin of testing and trainingdeleted text end .

(a) deleted text begin Beginning July 1, 2020,deleted text end No person, political subdivision, or state agency shall deleted text begin discharge class B firefighting foam that contains intentionally addeddeleted text end new text begin manufacture or knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, and no person shall use in this state, class B firefighting foam containingnew text end PFAS chemicalsdeleted text begin :deleted text end new text begin .new text end

deleted text begin (1) for testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of foam to the environment; or deleted text end

deleted text begin (2) for training purposes, unless otherwise required by law, and with the condition that the training event has implemented appropriate containment, treatment, and disposal measures to prevent releases of foam to the environment. For training purposes, class B foam that contains intentionally added PFAS chemicals shall not be used. deleted text end

deleted text begin (b) This section does not restrict: deleted text end

deleted text begin (1) the manufacture, sale, or distribution of class B firefighting foam that contains intentionally added PFAS chemicals; or deleted text end

deleted text begin (2) the discharge or other use of class B firefighting foams that contain intentionally added PFAS chemicals in emergency firefighting or fire prevention operations. deleted text end

new text begin (b) This subdivision does not apply to the manufacture, sale, distribution, or use of class B firefighting foam for which the inclusion of PFAS chemicals is required by federal law, including but not limited to Code of Federal Regulations, title 14, section 139.317. If a federal requirement to include PFAS chemicals in class B firefighting foam is revoked after January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer exempt under this paragraph effective one year after the day of revocation. new text end

new text begin (c) This subdivision does not apply to the manufacture, sale, distribution, or use of class B firefighting foam for purposes of use at an airport, as defined under section 360.013, subdivision 39, until the state fire marshal makes a determination that: new text end

new text begin (1) the Federal Aviation Administration has provided policy guidance on the transition to fluorine-free firefighting foam; new text end

new text begin (2) a fluorine-free firefighting foam product is included in the Federal Aviation Administration's Qualified Product Database; and new text end

new text begin (3) a firefighting foam product included in the database under clause (2) is commercially available in quantities sufficient to reliably meet the requirements under Code of Federal Regulations, title 14, part 139. new text end

new text begin (d) Until the state fire marshal makes a determination under paragraph (c), the operator of an airport using class B firefighting foam containing PFAS chemicals must, on or before December 31 each calendar year, submit a report to the state fire marshal regarding the status of the airport's conversion to class B firefighting foam products without intentionally added PFAS, the disposal of class B firefighting foam products with intentionally added PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 27.

Minnesota Statutes 2022, section 325F.072, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Discharge for testing and training. new text end

new text begin A person, political subdivision, or state agency exempted from the prohibitions under subdivision 3 may not discharge class B firefighting foam that contains intentionally added PFAS chemicals for: new text end

new text begin (1) testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of foam to the environment; or new text end

new text begin (2) training purposes, unless otherwise required by law, and with the condition that the training event has implemented appropriate containment, treatment, and disposal measures to prevent releases of foam to the environment. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 28.

new text begin TREATED SEED WASTE DISPOSAL RULEMAKING. new text end

new text begin The commissioner of the Pollution Control Agency, in consultation with the commissioner of agriculture and the University of Minnesota, must adopt rules under Minnesota Statutes, chapter 14, providing for the safe and lawful disposal of waste treated seed. The rules must clearly identify the regulatory jurisdiction of state agencies and local governments with regard to such seed. Additional Department of Agriculture staff will not be hired until rulemaking is completed. new text end

Sec. 29.

new text begin PETROLEUM TANK RELEASE CLEANUP; REPORT. new text end

new text begin The commissioner of the Pollution Control Agency must perform the duties under clauses (1) to (5) with respect to the petroleum tank release cleanup program governed by Minnesota Statutes, chapter 115C, and must, no later than January 15, 2025, report the results to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over environment policy and finance. The report must include any recommendations for legislation. The commissioner must: new text end

new text begin (1) explicitly define the conditions that must be present in order for the commissioner to classify a site as posing a low potential risk to public health and the environment and ensure that all agency staff use the definition in assessing potential risks. In determining the conditions that indicate that a site poses a low risk, the commissioner must consider relevant site conditions, including but not limited to the nature of groundwater flow, soil type, and proximity of features at or near the site that could potentially become contaminated; new text end

new text begin (2) develop guidelines to incorporate consideration of potential future uses of a contaminated property into all agency staff decisions regarding site remediation; new text end

new text begin (3) develop scientifically based and measurable technical standards that allow the quality of the agency's performance in remediating petroleum-contaminated properties to be evaluated and conduct such evaluations periodically; new text end

new text begin (4) in collaboration with the Petroleum Tank Release Compensation Board and the commissioner of commerce, examine whether and how to establish technical qualifications for consultants hired to remediate petroleum-contaminated properties as a strategy to improve the quality of remediation work and how agencies can share information on consultant performance; and new text end

new text begin (5) in collaboration with the commissioner of commerce, make consultants who remediate petroleum-contaminated sites more accountable for the quality of their work by: new text end

new text begin (i) requiring a thorough evaluation of the past performance of a contractor being considered for hire; new text end

new text begin (ii) developing a formal system of measures and procedures by which to evaluate the work; and new text end

new text begin (iii) sharing evaluations with the commissioner of commerce and with responsible parties. 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. 30.

new text begin PFAS MANUFACTURERS FEE WORK GROUP. new text end

new text begin The commissioner of the Pollution Control Agency, in cooperation with the commissioners of revenue and management and budget, must establish a work group to review options for collecting a fee from manufacturers of PFAS in the state. By February 15, 2024, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources with recommendations. new text end

Sec. 31.

new text begin TEMPORARY EXEMPTION FOR TERMINALS AND OIL REFINERIES. new text end

new text begin Subdivision 1. new text end

new text begin Temporary exemption. new text end

new text begin Minnesota Statutes, section 325F.072, subdivision 3, does not apply to the manufacture, sale, distribution, or use of class B firefighting foam for the purposes of use at a terminal or oil refinery until January 1, 2026. new text end

new text begin Subd. 2. new text end

new text begin Extension; waiver. new text end

new text begin (a) A person who operates a terminal or oil refinery may apply to the state fire marshal for a waiver to extend the exemption under subdivision 1 beyond January 1, 2026, as provided in this subdivision. new text end

new text begin (b) The state fire marshal may grant a waiver to extend the exemption under subdivision 1 for a specific use if the applicant provides all of the following: new text end

new text begin (1) clear and convincing evidence that there is no commercially available replacement that does not contain intentionally added PFAS chemicals and that is capable of suppressing fire for that specific use; new text end

new text begin (2) information on the amount of firefighting foam containing intentionally added PFAS chemicals stored, used, or released on-site on an annual basis; new text end

new text begin (3) a detailed plan, with timelines, for the operator of the terminal or oil refinery to transition to firefighting foam that does not contain intentionally added PFAS chemicals for that specific use; and new text end

new text begin (4) a plan for meeting the requirements under subdivision 3. new text end

new text begin (c) The state fire marshal must ensure there is an opportunity for public comment during the waiver process. The state fire marshal must consider both information provided by the applicant and information provided through public comment when making a decision on whether to grant a waiver. The term of a waiver must not exceed two years. The state fire marshal must not grant a waiver for a specific use if any other terminal or oil refinery is known to have transitioned to commercially available class B firefighting foam that does not contain intentionally added PFAS chemicals for that specific use. All waivers must expire by January 1, 2028. A person that anticipates applying for a waiver for a terminal or oil refinery must submit a notice of intent to the state fire marshal by January 1, 2025, in order to be considered for a waiver beyond January 1, 2026. The state fire marshal must notify the waiver applicant of a decision within six months of the waiver submission date. new text end

new text begin (d) The state fire marshal must provide an applicant for a waiver under this subdivision an opportunity to: new text end

new text begin (1) correct deficiencies when applying for a waiver; and new text end

new text begin (2) provide evidence to dispute a determination that another terminal or oil refinery is known to have transitioned to commercially available class B firefighting foam that does not contain intentionally added PFAS chemicals for that specific use, including evidence that the specific use is different. new text end

new text begin Subd. 3. new text end

new text begin Use requirements. new text end

new text begin (a) A person that uses class B firefighting foam containing intentionally added PFAS chemicals under this section must: new text end

new text begin (1) implement tactics that have been demonstrated to prevent release directly to the environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains; new text end

new text begin (2) attempt to fully contain all firefighting foams with PFAS on-site using demonstrated practices designed to contain all PFAS releases; new text end

new text begin (3) implement containment measures such as bunds and ponds that are controlled, are impervious to PFAS chemicals, and do not allow fire water, wastewater, runoff, and other wastes to be released to the environment, such as to soils, groundwater, waterways, or stormwater; and new text end

new text begin (4) dispose of all fire water, wastewater, runoff, impacted soils, and other wastes in a way that prevents releases to the environment. new text end

new text begin (b) A terminal or oil refinery that has received a waiver under this section may provide and use class B firefighting foam containing intentionally added PFAS chemicals in the form of mutual aid to another terminal or oil refinery at the request of authorities only if the other terminal or oil refinery also has a waiver. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 32.

new text begin FIREFIGHTER TURNOUT GEAR; REPORT. new text end

new text begin (a) The commissioner of the Pollution Control Agency, in cooperation with the commissioner of health, must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) in turnout gear by January 15, 2024. The report must include: new text end

new text begin (1) current turnout gear requirements and options for eliminating or reducing PFAS in turnout gear; new text end

new text begin (2) current turnout gear disposal methods and recommendations for future disposal to prevent PFAS contamination; and new text end

new text begin (3) recommendations and protocols for PFAS biomonitoring in firefighters, including a process for allowing firefighters to voluntarily register for biomonitoring. new text end

new text begin (b) For the purposes of this section, "turnout gear" is the personal protective equipment (PPE) used by firefighters. new text end

Sec. 33.

new text begin PFAS WATER QUALITY STANDARDS. new text end

new text begin (a) The commissioner of the Pollution Control Agency must adopt rules establishing water quality standards for: new text end

new text begin (1) perfluorooctanoic acid (PFOA); new text end

new text begin (2) perfluorooctane sulfonic acid (PFOS); new text end

new text begin (3) perfluorononanoic acid (PFNA); new text end

new text begin (4) hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX chemicals); new text end

new text begin (5) perfluorohexane sulfonic acid (PFHxS); and new text end

new text begin (6) perfluorobutane sulfonic acid (PFBS). new text end

new text begin (b) The commissioner must adopt the rules establishing the water quality standards required under this section by July 1, 2026, and Minnesota Statutes, section 14.125, does not apply. new text end

Sec. 34.

new text begin HEALTH RISK LIMIT; PERFLUOROOCTANE SULFONATE. new text end

new text begin By July 1, 2026, the commissioner of health must amend the health risk limit for perfluorooctane sulfonate (PFOS) in Minnesota Rules, part 4717.7860, subpart 15, so that the health risk limit does not exceed 0.015 parts per billion. In amending the health risk limit for PFOS, the commissioner must comply with Minnesota Statutes, section 144.0751, requiring a reasonable margin of safety to adequately protect the health of infants, children, and adults. new text end

Sec. 35.

new text begin RESOURCE MANAGEMENT; REPORT. new text end

new text begin (a) By July 15, 2025, the commissioner of the Pollution Control Agency must conduct a study and prepare a report that includes a pathway to implement resource management policies, programs, and infrastructure. The commissioner must submit the report to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over environmental policy and finance and energy policy. The report must include: new text end

new text begin (1) an overview of how municipal solid waste is currently managed, including how much material is generated in the state and is reused, recycled, composted, digested, or disposed of; new text end

new text begin (2) a summary of infrastructure, programs, policies, and resources needed to reduce the amount of materials disposed of in landfills or incinerators statewide by more than 90 percent over a 2021 baseline by 2045 or sooner. The summary must include analysis and recommendations of scenarios above Waste-to-Energy on the state's Waste Hierarchy that maximizes the environmental benefits when meeting the 90 percent reduction target; new text end

new text begin (3) an analysis of: new text end

new text begin (i) waste prevention program impacts and opportunities; new text end

new text begin (ii) how much additional capacity is needed after prevention for reuse, recycling, composting, and anaerobic digestion systems to achieve that goal; and new text end

new text begin (iii) what steps can be taken to implement that additional capacity, including working collaboratively with local governments, industry, and community-based organizations to invest in such facilities and to work together to seek additional state and federal funding assistance; new text end

new text begin (4) strategic programmatic, regulatory, and policy initiatives that will be required to produce source reduction, rethink and redesign products and packaging to more efficiently use resources, and maximize diversion from disposal of materials in a way that prevents pollution and does not discharge to land, water, or air or threaten the environment or human health; new text end

new text begin (5) recommendations for reducing the environmental and human health impacts of waste management, especially across environmental justice areas as defined under Minnesota Statutes, section 115A.03, and ensuring that the benefits of these resource management investments, including the creation of well-paying green jobs, flow to disadvantaged communities that are marginalized, underserved, and overburdened by pollution and that land, water, air, and climate impacts are considered; and new text end

new text begin (6) a review of feasibility, assumptions, costs, and milestones necessary to meet study goals. new text end

new text begin (b) The commissioner must obtain input from counties and cities inside and outside the seven-county metropolitan area; reuse, recycling, and composting facilities; anaerobic digestion facilities; waste haulers; environmental organizations; community-based organizations; Tribal representatives; and diverse communities located in environmental justice areas that contain a waste facility. The commissioner must provide for an open public comment period of at least 60 days on the draft report. Written public comments and commissioner responses to all those comments must be included in the final report. new text end

Sec. 36.

new text begin REPORT REQUIRED; RECYCLING AND REUSING SOLAR PHOTOVOLTAIC MODULES AND INSTALLATION COMPONENTS. new text end

new text begin (a) The commissioner of the Pollution Control Agency, in consultation with the commissioners of commerce and employment and economic development, must coordinate preparation of a report on developing a statewide system to reuse and recycle solar photovoltaic modules and installation components in the state. new text end

new text begin (b) The report must include options for a system to collect, reuse, and recycle solar photovoltaic modules and installation components at end of life. Any system option included in the report must be convenient and accessible throughout the state, recover 100 percent of discarded components, and maximize value and materials recovery. Any system option developed must include analysis of: new text end

new text begin (1) the reuse and recycling values of solar photovoltaic modules, installation components, and recovered materials; new text end

new text begin (2) system infrastructure and technology needs; new text end

new text begin (3) how to maximize in-state employment and economic development; new text end

new text begin (4) net costs for the program; and new text end

new text begin (5) potential benefits and negative impacts of the plan on environmental justice and Tribal communities. new text end

new text begin (c) The report must include a survey of solar photovoltaic modules and installation components that are currently coming out of service and those projected to come out of service in the future in Minnesota. The report must include a description of how solar photovoltaic modules and installation components are currently being managed at end of life and how they would likely be managed in the future without the proposed reuse and recycling system. new text end

new text begin (d) After completing the report, the commissioner must convene a working group to advise on developing policy recommendations for a statewide system to manage solar photovoltaic modules and installation components. The working group must include, but is not limited to: new text end

new text begin (1) the commissioners of commerce and employment and economic development or their designees; new text end

new text begin (2) representatives of the solar industry and electric utilities; new text end

new text begin (3) representatives of state, local, and Tribal governments; and new text end

new text begin (4) other relevant stakeholders. new text end

new text begin (e) By January 15, 2025, the commissioner must submit the report and the policy recommendations developed under this section to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources policy and finance and energy policy and finance. new text end

Sec. 37.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes must change the term "master plan" or similar term to "plan" wherever the term appears in Minnesota Statutes, sections 473.803 to 473.8441. The revisor may make grammatical changes related to the term change. new text end

Sec. 38.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2022, sections 115.44, subdivision 9; 116.011; 325E.389; and 325E.3891, new text end new text begin are repealed. new text end

ARTICLE 4

NATURAL RESOURCES

Section 1.

Minnesota Statutes 2022, section 84.02, is amended by adding a subdivision to read:

new text begin Subd. 6c. new text end

new text begin Restored prairie. new text end

new text begin "Restored prairie" means a restoration that uses at least 25 representative and biologically diverse native prairie plant species and that occurs on land that was previously cropped or used as pasture. new text end

Sec. 2.

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

Subd. 3.

Application, form.

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

Sec. 3.

Minnesota Statutes 2022, section 84.415, subdivision 6, is amended to read:

Subd. 6.

Supplemental application fee and monitoring fee.

(a) In addition to the application fee and utility crossing fees specified in Minnesota Rules, the commissioner of natural resources shall assess the applicant for a utility license the following fees:

(1) deleted text begin adeleted text end new text begin to cover reasonable costs for reviewing an application and preparing a license, new text end supplemental application deleted text begin fee ofdeleted text end new text begin fees as follows:new text end

new text begin (i) new text end $1,750 for a public water crossing license and deleted text begin a supplemental application fee ofdeleted text end $3,000 for a public lands crossing licensedeleted text begin , to cover reasonable costs for reviewing the application and preparing the licensedeleted text end new text begin for electric power lines, cables, or conduits of 100 kilovolts or more and for main pipelines for gas, liquids, or solids in suspension;new text end

new text begin (ii) $1,000 for a public water crossing license and $1,000 for a public lands crossing license for applications to which item (i) does not apply; and new text end

new text begin (iii) for all applications, an additional $500 for each water crossing or land crossing in excess of two crossingsnew text end ; and

(2) a monitoring fee to cover the projected reasonable costs for monitoring the construction of the utility line and preparing special terms and conditions of the license to ensure proper construction. The commissioner must give the applicant an estimate of the monitoring fee before the applicant submits the fee.

(b) The applicant shall pay fees under this subdivision to the commissioner of natural resources. The commissioner shall not issue the license until the applicant has paid all fees in full.

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

deleted text begin (d) If the fees collected under paragraph (a), clause (1), are not sufficient to cover the costs of reviewing the applications and preparing the licenses, the commissioner shall improve efficiencies and otherwise reduce department costs and activities to ensure the revenues raised under paragraph (a), clause (1), are sufficient, and that no other funds are necessary to carry out the requirements. deleted text end

new text begin (d) For purposes of this subdivision: new text end

new text begin (1) "water crossing" means each location where the proposed utility will cross a public water between banks or shores; and new text end

new text begin (2) "land crossing" means each quarter-quarter section or government lot where the proposed utility will cross public land. new text end

Sec. 4.

Minnesota Statutes 2022, section 84.415, subdivision 7, is amended to read:

Subd. 7.

Application fee exemption.

(a) A utility license for crossing public lands or public waters is exempt from all application fees specified deleted text begin in this section anddeleted text end in rules adopted under this section.

(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.

Sec. 5.

Minnesota Statutes 2022, section 84.415, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Fees for renewing license. new text end

new text begin At the end of the license period, if both parties wish to renew a license, the commissioner must assess the applicant for all fees in this section as if the renewal is an application for a new license. new text end

Sec. 6.

Minnesota Statutes 2022, section 84.788, subdivision 5, is amended to read:

Subd. 5.

Report of ownership transfers; fee.

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

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

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

Sec. 7.

Minnesota Statutes 2022, section 84.82, subdivision 2, is amended to read:

Subd. 2.

Application, issuance, issuing fee.

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

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

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

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

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

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

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

Sec. 8.

Minnesota Statutes 2022, section 84.82, is amended by adding a subdivision to read:

new text begin Subd. 3b. new text end

new text begin Display of registration decal. new text end

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

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

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

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

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

Sec. 9.

Minnesota Statutes 2022, section 84.821, subdivision 2, is amended to read:

Subd. 2.

Area for registration number.

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

Sec. 10.

Minnesota Statutes 2022, section 84.84, is amended to read:

84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.

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

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

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

Sec. 11.

Minnesota Statutes 2022, section 84.86, subdivision 1, is amended to read:

Subdivision 1.

Required rulesnew text begin , fees, and reportsnew text end .

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

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

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

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

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

(5) specifications relating to snowmobile mufflersdeleted text begin .deleted text end new text begin ; andnew text end

(6) a comprehensive snowmobile information and safety education and training programdeleted text begin , includingdeleted text end new text begin that includesnew text end butnew text begin isnew text end not limited to deleted text begin the preparation and dissemination ofdeleted text end new text begin preparing and disseminatingnew text end snowmobile information and safety advice to the public, deleted text begin thedeleted text end training deleted text begin ofdeleted text end snowmobile operators, and deleted text begin the issuance ofdeleted text end new text begin issuingnew text end snowmobile safety certificates to snowmobile operators who successfully complete the snowmobile safety education and training course.

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

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

Sec. 12.

Minnesota Statutes 2022, section 84.87, subdivision 1, is amended to read:

Subdivision 1.

Operation on streets and highways.

(a) No person shall operate a snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county state-aid, or county highway in this state and, in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic, except as provided in sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of-way of any 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 such right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate highway or freeway within this state.

(b) Notwithstanding any provision of paragraph (a) to the contrary:

(1) under conditions prescribed by the commissioner of transportation, the commissioner of transportation may allow two-way operation of snowmobiles on either side of the trunk highway right-of-way where the commissioner of transportation determines that two-way operation will not endanger users of the trunk highway or riders of the snowmobiles using the trail;

(2) under conditions prescribed by a local road authority as defined in section 160.02, subdivision 25, the road authority may allow two-way operation of snowmobiles on either side of the right-of-way of a street or highway under the road authority's jurisdiction, where the road authority determines that two-way operation will not endanger users of the street or highway or riders of the snowmobiles using the trail;

(3) the commissioner of transportation under clause (1) and the local road authority under clause (2) shall notify the commissioner of natural resources and the local law enforcement agencies responsible for the streets or highways of the locations of two-way snowmobile trails authorized under this paragraph; and

(4) two-way snowmobile trails authorized under this paragraph shall be posted for two-way operation at the authorized locations.

(c) A snowmobile may make a direct crossing of a street or highway at any hour of the day provided:

(1) the crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(2) the snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

(3) the driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard;

(4) in crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highwaynew text begin or at a safe location approved by the road authoritynew text end ;

(5) if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on; and

(6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within 100 feet of the bridge and the crossing is made without undue delay.

(d) No snowmobile shall be operated upon a public street or highway unless it is equipped with at least one headlamp, one tail lamp, each of minimum candlepower as prescribed by rules of the commissioner, reflector material of a minimum area of 16 square inches mounted on each side forward of the handle bars, and with brakes each of which shall conform to standards prescribed by rule of the commissioner pursuant to the authority vested in the commissioner by section 84.86, and each of which shall be subject to approval of the commissioner of public safety.

(e) A snowmobile may be operated upon a public street or highway other than as provided by paragraph (c) in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical.

(f) All provisions of chapters 169 and 169A shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. Section 169.09 applies to the operation of snowmobiles anywhere in the state or on the ice of any boundary water of the state.

(g) Any sled, trailer, or other device being towed by a snowmobile must be equipped with reflective materials as required by rule of the commissioner.

Sec. 13.

Minnesota Statutes 2022, section 84.90, subdivision 7, is amended to read:

Subd. 7.

Penalty.

new text begin (a) new text end A person violating the provisions of this section is guilty of a misdemeanor.

new text begin (b) Notwithstanding section 609.101, subdivision 4, clause (2), the minimum fine for a person who operates an off-highway motorcycle, off-road vehicle, all-terrain vehicle, or snowmobile in violation of this section must not be less than the amount set forth in section 84.775. new text end

Sec. 14.

Minnesota Statutes 2022, section 84.922, subdivision 4, is amended to read:

Subd. 4.

Report of transfers.

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

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

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

Sec. 15.

new text begin [84.9735] INSECTICIDES ON STATE LANDS. new text end

new text begin A person may not use a pesticide containing an insecticide in a wildlife management area, state park, state forest, aquatic management area, or scientific and natural area if the insecticide is from the neonicotinoid class of insecticides or contains chlorpyrifos. new text end

Sec. 16.

Minnesota Statutes 2022, section 84.992, subdivision 2, is amended to read:

Subd. 2.

Program.

The commissioner of natural resources shall developnew text begin and implementnew text end a program for the Minnesota Naturalist Corps that supports state parksnew text begin and trailsnew text end in providing interpretation of the natural and cultural features of state parksnew text begin and trailsnew text end in order to enhance visitors' awareness, understanding, and appreciation of those features and encourages the wise and sustainable use of the environment.

Sec. 17.

Minnesota Statutes 2022, section 84.992, subdivision 5, is amended to read:

Subd. 5.

Eligibility.

A person is eligible to enroll in the Minnesota Naturalist Corps if the persondeleted text begin :deleted text end

deleted text begin (1) is a permanent resident of the state; deleted text end

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

deleted text begin (3) has completed at least one year of postsecondary educationdeleted text end .

Sec. 18.

Minnesota Statutes 2022, section 84D.02, subdivision 3, is amended to read:

Subd. 3.

Management plan.

new text begin By December 31, 2023, and every five years thereafter, new text end the commissioner shall prepare deleted text begin and maintaindeleted text end a long-term plan, which may include specific plans for individual species and actions, for the statewide management of invasive species of aquatic plants and wild animals. The plan must address:

(1) coordinated detection and prevention of accidental introductions;

(2) coordinated dissemination of information about invasive species of aquatic plants and wild animals among resource management agencies and organizations;

(3) a coordinated public education and awareness campaign;

(4) coordinated control of selected invasive species of aquatic plants and wild animals on lands and public waters;

(5) participation by lake associations, local citizen groups, and local units of government in the development and implementation of local management efforts;

(6) a reasonable and workable inspection requirement for watercraft and equipment including those participating in organized events on the waters of the state;

(7) the closing of points of access to infested waters, if the commissioner determines it is necessary, for a total of not more than seven days during the open water season for control or eradication purposes;

(8) maintaining public accesses on infested waters to be reasonably free of aquatic macrophytes; deleted text begin anddeleted text end

(9) notice to travelers of the penalties for violation of laws relating to invasive species of aquatic plants and wild animalsnew text begin ; andnew text end

new text begin (10) the impacts of climate change on invasive species managementnew text end .

Sec. 19.

Minnesota Statutes 2022, 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 equipment, including decontamination using hot water or high pressure equipment deleted text begin when available on sitedeleted text end , before the water-related equipment is transported or before it is 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;

(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 4; and

(5) decontamination of water-related equipment deleted text begin when available on sitedeleted text end .

(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.

(c) An inspector who is not a licensed peace officer may issue orders under paragraph (a), clauses (1), (3), (4), and (5).

Sec. 20.

Minnesota Statutes 2022, section 85.015, subdivision 10, is amended to read:

Subd. 10.

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

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

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

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

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

(2) deleted text begin the maintenance ofdeleted text end new text begin maintainingnew text end the trail in a deleted text begin litter freedeleted text end new text begin litter-freenew text end condition to the extent practicable.

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

Sec. 21.

Minnesota Statutes 2022, section 85.052, subdivision 6, is amended to read:

Subd. 6.

State park reservation system.

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

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

Sec. 22.

Minnesota Statutes 2022, section 86B.005, is amended by adding a subdivision to read:

new text begin Subd. 11a. new text end

new text begin Other commercial operation. new text end

new text begin "Other commercial operation" means use of a watercraft for work, rather than recreation, to transport equipment, goods, and materials on public waters. new text end

Sec. 23.

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

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

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

new text begin Subd. 2. new text end

new text begin Accompanying operator. new text end

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

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

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

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

new text begin Subd. 3. new text end

new text begin Adult operator. new text end

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

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

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

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

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

new text begin Subd. 4. new text end

new text begin Exempt operator. new text end

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

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

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

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

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

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

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

new text begin Subd. 5. new text end

new text begin Motorboat rental business. new text end

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

new text begin Subd. 6. new text end

new text begin Resort business. new text end

new text begin "Resort business" means a person that is engaged in the business of providing lodging and recreational services to transient guests and that is classified as a resort under section 273.13, subdivision 22 or 25. A resort business includes a person's agents and employees. new text end

new text begin Subd. 7. new text end

new text begin Young operator. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

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

new text begin Subdivision 1. new text end

new text begin Generally. new text end

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

new text begin Subd. 2. new text end

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

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

new text begin Subd. 3. new text end

new text begin Personal possession required. new text end

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

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

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

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

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

new text begin Subd. 4. new text end

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

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

new text begin Subdivision 1. new text end

new text begin Adult operators. new text end

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

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

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

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

new text begin Subd. 2. new text end

new text begin Young operators. new text end

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

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

new text begin Subd. 3. new text end

new text begin Accompanying operators. new text end

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

new text begin Subd. 4. new text end

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

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

new text begin Subd. 5. new text end

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 26.

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 27.

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

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

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

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

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

new text begin Subd. 2. new text end

new text begin Authorized operators. new text end

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

new text begin Subd. 3. new text end

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

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

new text begin (b) Each authorized operator, other than those holding a valid watercraft operator's permit or an exempt operator, must review the summary provided under this subdivision and must take a short boater safety examination in a form approved by the commissioner before the motorboat or personal watercraft leaves the motorboat rental business premises, unless the authorized operator has taken the examination during the previous 180 days. new text end

new text begin Subd. 4. new text end

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 28.

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

Subd. 4.

Dealers deleted text begin and rental operationsdeleted text end .

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

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

(2) the safe operation of personal watercraft.

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 29.

Minnesota Statutes 2022, section 86B.415, subdivision 1, is amended to read:

Subdivision 1.

Watercraft 19 feet or less.

(a) Except as provided in paragraph (b) and subdivision 1a, the fee for a watercraft license for watercraft 19 feet or less in length is deleted text begin $27deleted text end new text begin $59new text end .

(b) The watercraft license feenew text begin isnew text end :

(1) for watercraft, other than personal watercraft, 19 feet in length or less that is offered for rent or lease, deleted text begin the fee is $9deleted text end new text begin $14new text end ;

(2) for a sailboat, 19 feet in length or less, deleted text begin the fee is $10.50deleted text end new text begin $23new text end ;

(3) for a watercraft 19 feet in length or less used by a nonprofit corporation for teaching boat and water safety, deleted text begin the fee isdeleted text end as provided in subdivision 4;

(4) for a watercraft owned by a dealer under a dealer's license, deleted text begin the fee isdeleted text end as provided in subdivision 5;

(5) for a personal watercraft, deleted text begin the fee is $37.50deleted text end new text begin including one offered for rent or lease, $85new text end ; and

(6) for a watercraft less than 17 feet in length, other than a watercraft listed in clauses (1) to (5), deleted text begin the fee is $18deleted text end new text begin $36new text end .

Sec. 30.

Minnesota Statutes 2022, section 86B.415, subdivision 1a, is amended to read:

Subd. 1a.

Canoes, kayaks, sailboards, paddleboards, paddleboats, or rowing shells.

The fee for a watercraft license for a canoe, kayak, sailboard, paddleboard, paddleboat, or rowing shell over ten feet in length is deleted text begin $10.50deleted text end new text begin $23new text end .

Sec. 31.

Minnesota Statutes 2022, section 86B.415, subdivision 2, is amended to read:

Subd. 2.

Watercraft over 19 feet.

Except as provided in subdivisions 1a, 3, 4, and 5, the watercraft license fee:

(1) for a watercraft more than 19 feet but less than 26 feet in length is deleted text begin $45deleted text end new text begin $113new text end ;

(2) for a watercraft 26 feet but less than 40 feet in length is deleted text begin $67.50deleted text end new text begin $164new text end ; and

(3) for a watercraft 40 feet in length or longer is deleted text begin $90deleted text end new text begin $209new text end .

Sec. 32.

Minnesota Statutes 2022, section 86B.415, subdivision 3, is amended to read:

Subd. 3.

Watercraft deleted text begin over 19 feetdeleted text end for deleted text begin hiredeleted text end new text begin commercial usenew text end .

The license fee for deleted text begin adeleted text end watercraft deleted text begin more than 19 feet in length for hire with an operatordeleted text end new text begin used primarily for charter fishing, commercial fishing, commercial passenger carrying, or other commercial operationnew text end is deleted text begin $75deleted text end new text begin $164new text end each.

Sec. 33.

Minnesota Statutes 2022, section 86B.415, subdivision 4, is amended to read:

Subd. 4.

Watercraft used by nonprofit corporation for teaching.

The watercraft license fee for a watercraft used by a nonprofit organization for teaching boat and water safety is deleted text begin $4.50deleted text end new text begin $8new text end each.

Sec. 34.

Minnesota Statutes 2022, section 86B.415, subdivision 5, is amended to read:

Subd. 5.

Dealer's license.

There is no separate fee for watercraft owned by a dealer under a dealer's license. The fee for a dealer's license is deleted text begin $67.50deleted text end new text begin $142new text end .

Sec. 35.

Minnesota Statutes 2022, section 89A.03, subdivision 5, is amended to read:

Subd. 5.

Membership regulation.

Terms, compensation, nomination, appointment, and removal of council members are governed by section 15.059new text begin , except that a council member may be compensated at the rate of up to $125 a daynew text end .

Sec. 36.

Minnesota Statutes 2022, section 89A.11, is amended to read:

89A.11 SUNSET.

Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08; 89A.09; 89A.10; 89A.105; and 89A.11 expire June 30, deleted text begin 2028deleted text end new text begin 2033new text end .

Sec. 37.

Minnesota Statutes 2022, section 90.181, subdivision 2, is amended to read:

Subd. 2.

Deferred payments.

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

(b) The proceeds of the sale deleted text begin shalldeleted text end new text begin mustnew text end be applied, first, to the payment of the expenses of seizure and saledeleted text begin ;deleted text end and, second, to the payment of the amount due for the timber, with interestdeleted text begin ; anddeleted text end new text begin .new text end The surplus, if any, deleted text begin shall belongdeleted text end new text begin belongsnew text end to the statedeleted text begin ; and,deleted text end new text begin .new text end In case a sufficient amount is not realized to pay these amounts in full, the balance deleted text begin shalldeleted text end new text begin mustnew text end be collected by the attorney general. deleted text begin Neitherdeleted text end Payment of the amount, deleted text begin nor thedeleted text end recovery of judgment deleted text begin therefordeleted text end new text begin for the amountnew text end , deleted text begin nordeleted text end satisfaction of the judgment, deleted text begin nor thedeleted text end new text begin ornew text end seizure and sale of timberdeleted text begin , shalldeleted text end new text begin does not:new text end

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

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

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

Sec. 38.

Minnesota Statutes 2022, section 97A.015, is amended by adding a subdivision to read:

new text begin Subd. 32b. new text end

new text begin Native swan. new text end

new text begin "Native swan" means a trumpeter swan or a tundra swan but does not include a mute swan. new text end

Sec. 39.

Minnesota Statutes 2022, section 97A.015, subdivision 51, is amended to read:

Subd. 51.

Unloaded.

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

new text begin (1) fornew text end a flintlock ignition deleted text begin is unloaded ifdeleted text end new text begin ,new text end it does not have priming powder in a pandeleted text begin . A muzzle-loading firearm withdeleted text end new text begin ;new text end

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

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

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

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.

Minnesota Statutes 2022, section 97A.031, is amended to read:

97A.031 WANTON WASTE.

new text begin (a) new text end Unless expressly allowed, a person may not wantonly waste or destroy a usable part of a protected wild animal.

new text begin (b) This section does not apply to common carp. new text end

Sec. 41.

Minnesota Statutes 2022, section 97A.045, subdivision 5, is amended to read:

Subd. 5.

Power to prescribe form of permits and licenses.

new text begin (a) Except as provided in paragraph (b), new text end the commissioner may prescribe the form of permits, licenses, and tags issued under the game and fish laws.

new text begin (b) The commissioner must offer an applicant for an angling, trapping, or hunting license, including a special permit issued under section 97A.401, the option of receiving the license in either a paper or paperless format and must provide an applicant with a paperless license unless the applicant requests a paper license. This paragraph applies to both annual and lifetime licenses. The commissioner must ensure that a person authorized to issue an annual license described in this paragraph has the ability to issue paperless licenses. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2026. new text end

Sec. 42.

Minnesota Statutes 2022, section 97A.126, is amended to read:

97A.126 WALK-IN ACCESS PROGRAM.

Subdivision 1.

Establishment.

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

Subd. 2.

Use of enrolled lands.

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

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

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

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

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

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

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

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

Subd. 3.

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

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

Sec. 43.

Minnesota Statutes 2022, section 97A.137, subdivision 3, is amended to read:

Subd. 3.

Use of motorized vehicles by deleted text begin disabled huntersdeleted text end new text begin people with disabilitiesnew text end .

The commissioner may deleted text begin issuedeleted text end new text begin provide an accommodation by issuingnew text end a special permit, without a fee, authorizing a deleted text begin hunterdeleted text end new text begin personnew text end with a deleted text begin permanent physicaldeleted text end disability to use deleted text begin a snowmobile, highway-licensed vehicle, all-terrain vehicle,deleted text end new text begin an other power-driven mobility device, as defined under Code of Federal Regulations, title 28, section 35.104, new text end ornew text begin anew text end motor boat in wildlife management areas. To qualify for a permit under this subdivision, the deleted text begin disableddeleted text end person must deleted text begin possess:deleted text end new text begin provide credible assurance to the commissioner that the device or motor boat is used because of a disability.new text end

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

deleted text begin (2) a permit to shoot from a stationary vehicle under section 97B.055, subdivision 3. deleted text end

Sec. 44.

Minnesota Statutes 2022, section 97A.137, subdivision 5, is amended to read:

Subd. 5.

Portable stands.

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 45.

Minnesota Statutes 2022, section 97A.315, subdivision 1, is amended to read:

Subdivision 1.

Criminal penalties.

(a) new text begin Except as provided in paragraph (b), new text end a person that violates a provision of section 97B.001, relating to trespass is guilty of a misdemeanor deleted text begin except as provided in paragraph (b)deleted text end .

(b) A person is guilty of a gross misdemeanor if the person:

(1) knowingly disregards signs prohibiting trespass;

(2) trespasses after personally being notified by the landowner or lessee not to trespass; or

(3) is convicted of violating this section more than once in a three-year period.

new text begin (c) Notwithstanding section 609.101, subdivision 4, clause (2), for a misdemeanor violation, the minimum fine for a person who operates an off-highway motorcycle, off-road vehicle, all-terrain vehicle, or snowmobile in violation of this section must not be less than the amount set forth in section 84.775. new text end

Sec. 46.

Minnesota Statutes 2022, section 97A.401, subdivision 1, is amended to read:

Subdivision 1.

Commissioner's authority.

The commissioner may issue special permits for the activities in this section. A special permit may be issued in the form of a general permit to a governmental subdivision or to the general public to conduct one or more activities under subdivisions 2 to deleted text begin 8deleted text end new text begin 9new text end .

Sec. 47.

Minnesota Statutes 2022, section 97A.401, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Taking wild animals with federal incidental take permit. new text end

new text begin The commissioner must prescribe conditions for and may issue a permit to a person for taking wild animals during activities covered under a federal incidental take permit issued under section 10(a)(1)(B) of the federal Endangered Species Act, including to a landowner for taking wild animals during activities covered by a certificate of inclusion issued by the commissioner under Code of Federal Regulations, title 50, section 13.25(e). new text end

Sec. 48.

Minnesota Statutes 2022, section 97A.405, subdivision 2, is amended to read:

Subd. 2.

Personal possession.

(a) A person acting under a license or traveling from an area where a licensed activity was performed must have in personal possession deleted text begin eitherdeleted text end :

(1) the proper new text begin paper new text end license, if the license has been issued to and received by the person;

(2) a driver's license or Minnesota identification card that bears a valid designation of the proper lifetime license, as provided under section 171.07, subdivision 19; deleted text begin ordeleted text end

(3) the proper new text begin paper new text end license identification number or stamp validation, if the license has been sold to the person by electronic means but the actual license has not been issued and receivednew text begin ; or new text end

new text begin (4) electronic or other evidence satisfactory to the commissioner that the person has the proper paperless licensenew text end .

(b) If possession of a license or a license identification number is required, a person must exhibit, as requested by a conservation officer or peace officerdeleted text begin , eitherdeleted text end : (1) the proper new text begin paper new text end license if the license has been issued to and received by the person; (2) a driver's license or Minnesota identification card that bears a valid designation of the proper lifetime license, as provided under section 171.07, subdivision 19; deleted text begin ordeleted text end (3) the propernew text begin papernew text end license identification number or stamp validation and a valid state driver's license, state identification card, or other form of identification provided by the commissioner, if the license has been sold to the person by electronic means but the actual license has not been issued and receivednew text begin ; or (4) electronic or other evidence satisfactory to the commissioner that the person has the proper paperless licensenew text end . A person charged with violating the license possession requirement shall not be convicted if the person produces in court or the office of the arresting officer, the actual license previously issued to that person, which was valid at the time of arrest, or satisfactory proof that at the time of the arrest the person was validly licensed. Upon request of a conservation officer or peace officer, a licensee shall write the licensee's name in the presence of the officer to determine the identity of the licensee.

(c) Except as provided in paragraph (a), deleted text begin clausedeleted text end new text begin clausesnew text end (2)new text begin and (4)new text end , if the actual license has been issued and received, a receipt for license fees, a copy of a license, or evidence showing the issuance of a license, including the license identification number or stamp validation, does not entitle a licensee to exercise the rights or privileges conferred by a license.

(d) A new text begin paper new text end license issued electronically and not immediately provided to the licensee shall be mailed to the licensee within 30 days of purchase of the license. A pictorial migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to the licensee after purchase of a stamp validation only if the licensee pays an additional fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey stamp may be purchased for a fee that covers the costs of producing and mailing the pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish fees for providing the pictorial stamps. The fees must be set in an amount that does not recover significantly more or less than the cost of producing and mailing the stamps. The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2026. new text end

Sec. 49.

Minnesota Statutes 2022, section 97A.405, subdivision 5, is amended to read:

Subd. 5.

Resident licenses.

new text begin (a) new text end To obtain a resident license, deleted text begin a residentdeleted text end new text begin an individualnew text end 21 years of age or older mustnew text begin be a resident andnew text end :

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

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

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

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

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

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

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

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

Sec. 50.

Minnesota Statutes 2022, section 97A.420, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) An enforcement officer shall immediately seize the license of a person who unlawfully takes, transports, or possesses wild animals when the restitution value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the person may not use or obtain any license to take the same type of wild animals involved, including a duplicate license, until an action is taken under subdivision 6. If the license seized under this paragraph was for a big game animal, the license seizure applies to all licenses to take big game issued to the individual. If the license seized under this paragraph was for small game animals, the license seizure applies to all licenses to take small game issued to the individual.

(b) In addition to the license seizure under paragraph (a), if the restitution value of the wild animals unlawfully taken, possessed, or transported is $1,000 or more, all other game and fish licenses held by the person shall be immediately seized. Except as provided in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, including a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this subdivision until an action is taken under subdivision 6.

new text begin (d) The commissioner must make a means of seizing and releasing a paperless license under this section available to enforcement officers. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2026. new text end

Sec. 51.

Minnesota Statutes 2022, section 97A.421, subdivision 3, is amended to read:

Subd. 3.

Issuance after conviction; big game.

(a) A person may not new text begin use a big-game license purchased before conviction, new text end obtain deleted text begin anydeleted text end new text begin anew text end big-game licensenew text begin ,new text end or take big game under a lifetime license, issued under section 97A.473, for three years after the person is convicted of:

(1) a gross misdemeanor violation under the game and fish laws relating to big game;

(2) doing an act without a required big-game license; or

(3) the second violation within three years under the game and fish laws relating to big game.

(b) A person may not obtain any deer license or take deer under a lifetime license issued under section 97A.473 for one year after the person is convicted of hunting deer with the aid or use of bait under section 97B.328.

(c) The revocation period under paragraphs (a) and (b) doubles if the conviction is for a deer that is a trophy deer scoring higher than 170 using the scoring method established for wildlife restitution values adopted under section 97A.345.

Sec. 52.

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

Subd. 3.

Nonresidents stationed in statenew text begin ; spousesnew text end .

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

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

Sec. 53.

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

Subd. 8.

Nonresident active members of National Guardnew text begin ; spousesnew text end .

new text begin (a) new text end A nonresident that is deleted text begin an activedeleted text end new text begin anew text end member of the deleted text begin state'sdeleted text end National Guard may obtain a resident license to take deleted text begin fish ordeleted text end game. This deleted text begin subdivisiondeleted text end new text begin paragraphnew text end does not apply to deleted text begin thedeleted text end taking deleted text begin ofdeleted text end moose or elk.

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

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

Sec. 54.

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

Subd. 41.

Turtle deleted text begin licensesdeleted text end new text begin licensenew text end .

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 55.

Minnesota Statutes 2022, section 97B.031, subdivision 1, is amended to read:

Subdivision 1.

Permissible firearms and ammunition; big game and wolves.

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

(1) deleted text begin thedeleted text end new text begin anynew text end rifle, shotgun, deleted text begin anddeleted text end new text begin ornew text end handgun used is a caliber of at least .22 inches and deleted text begin withdeleted text end new text begin hasnew text end centerfire ignition;

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

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

(4) deleted text begin thedeleted text end new text begin anynew text end muzzleloader used deleted text begin is incapable of beingdeleted text end new text begin has the projectilenew text end loadednew text begin onlynew text end at the deleted text begin breechdeleted text end new text begin muzzlenew text end ;

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 56.

Minnesota Statutes 2022, section 97B.037, is amended to read:

97B.037 CROSSBOW HUNTINGdeleted text begin ; AGE 60 OR OVERdeleted text end .

new text begin (a) new text end Notwithstanding section 97B.035, subdivisions 1 and 2, a person deleted text begin age 60 or overdeleted text end may take deer, bear, turkey, or rough fish by crossbow during the respective regular archery seasons. The transportation requirements of section 97B.051 apply to crossbows during the regular archery deer, bear, turkey, or rough fish season. Crossbows must meet the requirements of section 97B.106, subdivision 2. A person deleted text begin age 60 or overdeleted text end taking deer, bear, turkey, or rough fish by crossbow under this section must have a valid license to take the respective game.

new text begin (b) This section expires June 30, 2025. new text end

Sec. 57.

Minnesota Statutes 2022, section 97B.071, is amended to read:

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

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

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

new text begin (c) A person in a fabric or synthetic ground blind on public land must have: new text end

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

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

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

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

Sec. 58.

Minnesota Statutes 2022, section 97B.301, subdivision 2, is amended to read:

Subd. 2.

Limit of one deer.

A person may obtain one regular firearms season deer license, one muzzleloader season deer license, and one archery season deer license in the same license year, but may not deleted text begin tagdeleted text end new text begin takenew text end more than one deer except as provided in subdivisions 3 and 4.

Sec. 59.

Minnesota Statutes 2022, section 97B.301, subdivision 6, is amended to read:

Subd. 6.

Residents or nonresidents under age 18; taking either-sex deer.

A resident or nonresident under the age of 18 may take a deer of either sex except in those antlerless permit areas and seasons where no antlerless permits are offered. In antlerless permit areas where no antlerless permits are offered, the commissioner may provide a limited number of youth either sex permits to residents or nonresidents under age 18, under the procedures provided in section 97B.305, and may give preference to residents or nonresidents under the age of 18 that have not previously been selected. This subdivision does not authorize the taking of deleted text begin an antlerlessdeleted text end new text begin anew text end deer by another member of a party under subdivision 3.

Sec. 60.

Minnesota Statutes 2022, section 97B.668, is amended to read:

97B.668 deleted text begin GAME BIRDSdeleted text end new text begin ANIMALSnew text end CAUSING DAMAGE.

new text begin Subdivision 1. new text end

new text begin Game birds causing damage. new text end

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

new text begin Subd. 2. new text end

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

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

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

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

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

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

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

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

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

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

new text begin (5) conduct that causes the death of or that is likely to cause the death of a deer or elk. new text end

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

Sec. 61.

new text begin [97B.735] SWANS. new text end

new text begin A person who takes, harasses, destroys, buys, sells, possesses, transports, or ships a native swan in violation of the game and fish laws is guilty of a gross misdemeanor. new text end

Sec. 62.

Minnesota Statutes 2022, section 97C.041, is amended to read:

97C.041 COMMISSIONER MAY REMOVE ROUGH FISH deleted text begin AND CATFISHdeleted text end .

The commissioner may take rough fishdeleted text begin , lake whitefish,deleted text end and rainbow smelt with seines, nets, and other devices. deleted text begin The commissioner may also take catfish with seines, nets, and other devices on the Minnesota-Wisconsin boundary waters.deleted text end The commissioner may hire or contract persons, or issue permits, to take the fish. The commissioner shall prescribe the manner of taking and disposal. The commissioner may award a contract under this section without competitive bidding. Before establishing the contractor's compensation, the commissioner must consider the qualifications of the contractor, including the contractor's equipment, knowledge of the waters, and ability to perform the work.

Sec. 63.

Minnesota Statutes 2022, section 97C.315, subdivision 1, is amended to read:

Subdivision 1.

Lines.

An angler may not use more than one linenew text begin ,new text end exceptnew text begin thatnew text end :

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

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

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

Sec. 64.

Minnesota Statutes 2022, section 97C.345, subdivision 1, is amended to read:

Subdivision 1.

When use prohibited.

Except as specifically authorized, a person may not take fish with a spear from the third Monday in February to the Friday before the last Saturday in April and may not take fish with a fish trap, net, dip net, seine, or other device capable of taking fish from the third Monday in February deleted text begin todeleted text end new text begin throughnew text end April 30.

Sec. 65.

Minnesota Statutes 2022, section 97C.355, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Placing waste on ice prohibited. new text end

new text begin A person using a fish house, dark house, or other shelter on the ice of state waters is subject to section 97C.363. new text end

Sec. 66.

new text begin [97C.363] STORING GARBAGE AND OTHER WASTE ON ICE. new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin A person using a shelter, a motor vehicle, or any other conveyance on the ice of state waters may not deposit garbage, rubbish, cigarette filters, debris from fireworks, offal, the body of a dead animal, litter, sewage, or any other waste outside the shelter, motor vehicle, or conveyance unless the material is: new text end

new text begin (1) placed in a container that is secured to the shelter, motor vehicle, or conveyance; and new text end

new text begin (2) not placed directly on the ice or in state waters. new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "sewage" means excrementitious or other discharge from the bodies of human beings or animals, together with such other water as may be present. new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A violation of this section is a petty misdemeanor, and a person who violates this section is subject to a civil penalty of $100 for each violation. new text end

Sec. 67.

Minnesota Statutes 2022, section 97C.371, subdivision 1, is amended to read:

Subdivision 1.

Species allowed.

Only rough fish, catfish, lake whitefish, new text begin cisco (tulibee), new text end and northern pike may be taken by spearing.

Sec. 68.

Minnesota Statutes 2022, section 97C.371, subdivision 2, is amended to read:

Subd. 2.

Dark houses required for certain species.

Catfish, lake whitefish, new text begin cisco (tulibee), new text end and northern pike may be speared only from dark houses.

Sec. 69.

Minnesota Statutes 2022, section 97C.371, subdivision 4, is amended to read:

Subd. 4.

Open season.

The open season for spearing through the ice is November 15 deleted text begin todeleted text end new text begin throughnew text end the last Sunday in February.

Sec. 70.

Minnesota Statutes 2022, section 97C.395, subdivision 1, is amended to read:

Subdivision 1.

Dates for certain species.

(a) The open seasons to take fish by angling are as follows:

(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend deleted text begin todeleted text end new text begin throughnew text end the last Sunday in February;

(2) for lake trout, from January 1 deleted text begin todeleted text end new text begin throughnew text end October 31;

(3) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and splake on all lakes located outside or partially within the Boundary Waters Canoe Area, from January 15 deleted text begin todeleted text end new text begin throughnew text end March 31;

(4) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and splake on all lakes located entirely within the Boundary Waters Canoe Area, from January 1 deleted text begin todeleted text end new text begin throughnew text end March 31;

(5) for brown trout, brook trout, rainbow trout, and splake, between January 1 deleted text begin todeleted text end new text begin throughnew text end October 31 as prescribed by the commissioner by rule except as provided in section 97C.415, subdivision 2; and

(6) for salmon, as prescribed by the commissioner by rule.

(b) The commissioner shall close the season in areas of the state where fish are spawning and closing the season will protect the resource.

Sec. 71.

Minnesota Statutes 2022, section 97C.601, subdivision 1, is amended to read:

Subdivision 1.

Season.

The open season for frogs is May 16 deleted text begin todeleted text end new text begin throughnew text end March 31. The commissioner may, by rule, establish closed seasons in specified areas.

Sec. 72.

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

Subdivision 1.

deleted text begin Resident angling license requireddeleted text end new text begin Taking turtles; requirementsnew text end .

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 73.

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

Subd. 2c.

License exemptions.

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 74.

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

Subd. 3.

Taking; methods prohibited.

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

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

(2) trapsdeleted text begin , except as provided in paragraph (b) and rules adopted under this sectiondeleted text end ;

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

(4) commercial equipmentdeleted text begin , except as provided in rules adopted under this sectiondeleted text end ;

(5) firearms and ammunition;

(6) bow and arrow or crossbow; or

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 75.

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

97C.611 TURTLE SPECIES; LIMITS.

Subdivision 1.

Snapping turtles.

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

Subd. 2.

Western painted turtles.

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

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

deleted text begin Subd. 3. deleted text end

deleted text begin Spiny softshell. deleted text end

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

Subd. 4.

Other species.

A person may not possess any other species of turtle deleted text begin withoutdeleted text end new text begin except withnew text end an aquatic farm or private fish hatchery license with a turtle endorsement or as specified under section 97C.605, subdivision 2c.

new text begin EFFECTIVE DATE. new text end

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

Sec. 76.

Minnesota Statutes 2022, section 97C.836, is amended to read:

97C.836 LAKE SUPERIOR LAKE TROUT; EXPANDED ASSESSMENT HARVEST.

The commissioner shall provide for taking of lake trout by licensed commercial operators in Lake Superior management zones MN-3 and MN-2 for expanded assessment and sale. The commissioner shall authorize expanded assessment taking and sale of lake trout in Lake Superior management zone MN-3 beginning annually in 2007 and zone MN-2 beginning annually in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in zone MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary to protect the lake trout population or to manage the effects of invasive species or fish disease. Taking lake trout for expanded assessment and sale shall be allowed from June 1 deleted text begin todeleted text end new text begin throughnew text end September 30, but may end earlier in the respective zones if the quotas are reached. The quotas must be reassessed at the expiration of the current ten-year Fisheries Management Plan for the Minnesota Waters of Lake Superior.

Sec. 77.

Minnesota Statutes 2022, section 103G.005, is amended by adding a subdivision to read:

new text begin Subd. 9c. new text end

new text begin Ecosystem harm. new text end

new text begin "Ecosystem harm" means to change the biological community and ecology in a manner that results in loss of ecological structure or function. new text end

Sec. 78.

Minnesota Statutes 2022, section 103G.005, is amended by adding a subdivision to read:

new text begin Subd. 13b. new text end

new text begin Negative impact to surface waters. new text end

new text begin "Negative impact to surface waters" means a change in hydrology sufficient to cause aquatic ecosystem harm or alter riparian uses long term. new text end

Sec. 79.

Minnesota Statutes 2022, section 103G.005, is amended by adding a subdivision to read:

new text begin Subd. 15i. new text end

new text begin Sustainable diversion limit. new text end

new text begin "Sustainable diversion limit" means a maximum amount of water that can be removed directly or indirectly from a surface water body in a defined geographic area on a monthly or annual basis without causing a negative impact to the surface water body. new text end

Sec. 80.

new text begin [103G.134] ORDERS AND INVESTIGATIONS. new text end

new text begin The commissioner has the following powers and duties when acting pursuant to the enforcement provisions of this chapter: new text end

new text begin (1) to adopt, issue, reissue, modify, deny, revoke, enter into, or enforce reasonable orders, schedules of compliance, and stipulation agreements; new text end

new text begin (2) to issue notices of violation; new text end

new text begin (3) to require a person holding a permit issued under this chapter or otherwise impacting the public waters of the state without a permit issued under this chapter to: new text end

new text begin (i) make reports; new text end

new text begin (ii) install, use, and maintain monitoring equipment or methods; new text end

new text begin (iii) perform tests according to methods, at locations, at intervals, and in a manner as the commissioner prescribes; and new text end

new text begin (iv) provide other information as the commissioner may reasonably require; and new text end

new text begin (4) to conduct investigations; issue notices, public and otherwise; and order hearings as the commissioner deems necessary or advisable to discharge duties under this chapter, including but not limited to issuing permits and authorizing an employee or agent appointed by the commissioner to conduct the investigations and other authorities cited in this section. new text end

Sec. 81.

new text begin [103G.146] DUTY OF CANDOR. new text end

new text begin (a) A person must not knowingly: new text end

new text begin (1) make a false statement of fact or fail to correct a false statement of material fact regarding any matter pertaining to this chapter; new text end

new text begin (2) fail to disclose information that the person knows is necessary for the commissioner to make an informed decision under this chapter; or new text end

new text begin (3) offer information that the person knows to be false. new text end

new text begin (b) If a person has offered material information to the commissioner and the person comes to know the information is false, the person must take reasonable remedial measures to provide the accurate information. new text end

Sec. 82.

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

new text begin Subdivision 1. new text end

new text begin Definition. new text end

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

new text begin Subd. 2. new text end

new text begin Reporting requirement. new text end

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

Sec. 83.

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

new text begin Subdivision 1. new text end

new text begin Development of protocol. new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Review of protocol. new text end

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

new text begin Subd. 3. new text end

new text begin Implementation. new text end

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

new text begin Subd. 4. new text end

new text begin Updating protocol. new text end

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

Sec. 84.

Minnesota Statutes 2022, section 103G.271, subdivision 6, is amended to read:

Subd. 6.

Water-use permit; processing fee.

(a) Except as described in paragraphs (b) to (g), a water-use permit processing fee must be prescribed by the commissioner in accordance with the schedule of fees in this subdivision for each water-use permit in force at any time during the year. Fees collected under this paragraph are credited to the water management account in the natural resources fund. The schedule is as follows, with the stated fee in each clause applied to the total amount appropriated:

(1) $140 for amounts not exceeding 50,000,000 gallons per year;

(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less than 100,000,000 gallons per year;

(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than 150,000,000 gallons per year;

(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less than 200,000,000 gallons per year;

(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than 250,000,000 gallons per year;

(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less than 300,000,000 gallons per year;

(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than 350,000,000 gallons per year;

(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less than 400,000,000 gallons per year;

(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than 450,000,000 gallons per year;

(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less than 500,000,000 gallons per year; and

(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.

(b) For once-through cooling systems, a water-use processing fee must be prescribed by the commissioner in accordance with the following schedule of fees for each water-use permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and

(2) for all other users, $420 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year and, except as provided in paragraph (f), the minimum fee is $100.

(d) For water-use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $250,000 per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) $60,000 per year for an entity holding three or fewer permits;

(ii) $90,000 per year for an entity holding four or five permits; or

(iii) $300,000 per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam for home heating may not exceed $10,000 for its permit for water use related to the cogeneration of electricity and steam;

(5) the fee for a facility that temporarily diverts a water of the state from its natural channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per year. A permit for such a facility does not count toward the number of permits held by an entity as described in this paragraph; and

(6) no fee is required for a project involving the appropriation of surface water to prevent flood damage or to remove flood waters during a period of flooding, as determined by the commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten percent per month calculated from the original due date must be imposed on the unpaid balance of fees remaining 30 days after the sending of a second notice of fees due. A fee may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal governmental agency holding a water appropriation permit.

(f) The minimum water-use processing fee for a permit issued for irrigation of agricultural land is $20 for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1 and October 1.

(g) The commissioner shall waive the water-use permit fee for installations and projects that use stormwater runoff or where public entities are diverting water to treat a water quality issue and returning the water to its source without using the water for any other purpose, unless the commissioner determines that the proposed use adversely affects surface water or groundwater.

(h) A surcharge of deleted text begin $30deleted text end new text begin $50new text end per million gallons in addition to the fee prescribed in paragraph (a) shall be applied to the volume of water used in each of the months of new text begin May, new text end June, July, deleted text begin anddeleted text end Augustnew text begin , and Septembernew text end that exceeds the volume of water used in January for municipal water use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities with more than one permit shall be determined based on the total appropriations from all permits that supply a common distribution system.

Sec. 85.

Minnesota Statutes 2022, section 103G.287, subdivision 2, is amended to read:

Subd. 2.

Relationship to surface water resources.

Groundwater appropriations deleted text begin that will have negative impacts to surface waters are subject to applicable provisions in section 103G.285deleted text end new text begin may be authorized only if they avoid known negative impacts to surface watersnew text end .new text begin If the commissioner determines that groundwater appropriations are having a negative impact to surface waters, the commissioner may use a sustainable diversion limit or other relevant method, tools, or information to implement measures so that groundwater appropriations do not negatively impact the surface waters.new text end

Sec. 86.

Minnesota Statutes 2022, section 103G.287, subdivision 3, is amended to read:

Subd. 3.

Protecting groundwater supplies.

The commissioner may establish water appropriation limits to protect groundwater resources. When establishing water appropriation limits to protect groundwater resources, the commissioner must consider the sustainability of the groundwater resource, including the current and projected water levels, new text begin cumulative withdrawal rates from the resource on a monthly or annual basis, new text end water quality, whether the use protects ecosystems, and the ability of future generations to meet their own needs.new text begin The commissioner may consult with the commissioners of health, agriculture, and the Pollution Control Agency and other state entities when determining the impacts on water quality and quantity.new text end

Sec. 87.

Minnesota Statutes 2022, section 103G.299, subdivision 1, is amended to read:

Subdivision 1.

Authority to issue new text begin administrative new text end penalty orders.

(a) As provided in paragraph (b), the commissioner may issue an order requiring violations to be corrected and administratively assessing monetary penalties for violations of sections 103G.271 and 103G.275, and any rules adopted under those sections.

(b) An order under this section may be issued to a person for water appropriation activities without a required permitnew text begin or for violating the terms of a required permitnew text end .

(c) The order must be issued as provided in this section and in accordance with the plan prepared under subdivision 12.

Sec. 88.

Minnesota Statutes 2022, section 103G.299, subdivision 2, is amended to read:

Subd. 2.

Amount of penalty; considerations.

(a) The commissioner may issue orders assessing administrative penalties deleted text begin based on potential for harm and deviation from compliance. For a violation that presents:deleted text end new text begin up to $40,000.new text end

deleted text begin (1) a minor potential for harm and deviation from compliance, the penalty will be no more than $1,000; deleted text end

deleted text begin (2) a moderate potential for harm and deviation from compliance, the penalty will be no more than $10,000; and deleted text end

deleted text begin (3) a severe potential for harm and deviation from compliance, the penalty will be no more than $20,000. deleted text end

(b) In determining the amount of a penalty the commissioner may consider:

(1) the gravity of the violation, including potential for, or real, damage to the public interest or natural resources of the state;

(2) the history of past violations;

(3) the number of violations;

(4) the economic benefit gained by the person by allowing or committing the violation based on data from local or state bureaus or educational institutions; and

(5) other factors as justice may require, if the commissioner specifically identifies the additional factors in the commissioner's order.

(c) For a violation after an initial violation, including a continuation of the initial violation, the commissioner must, in determining the amount of a penalty, consider the factors in paragraph (b) and the:

(1) similarity of the most recent previous violation and the violation to be penalized;

(2) time elapsed since the last violation;

(3) number of previous violations; and

(4) response of the person to the most recent previous violation identified.

Sec. 89.

Minnesota Statutes 2022, section 103G.299, subdivision 5, is amended to read:

Subd. 5.

Penalty.

(a) new text begin Except as provided in paragraph (b), if the commissioner determines that the violation has been corrected or appropriate steps have been taken to correct the action, the penalty must be forgiven. new text end Unless the person requests review of the order under subdivision 6 or 7 before the penalty is due, the penalty in the order is due and payable:

(1) on the 31st day after the order was received, if the person subject to the order fails to provide information to the commissioner showing that the violation has been corrected or that appropriate steps have been taken toward correcting the violation; or

(2) on the 20th day after the person receives the commissioner's determination under subdivision 4, paragraph (c), if the person subject to the order has provided information to the commissioner that the commissioner determines is not sufficient to show that the violation has been corrected or that appropriate steps have been taken toward correcting the violation.

(b)new text begin For repeated or serious violations, the commissioner may issue an order with a penalty that is not forgiven after the corrective action is taken.new text end The penalty is due deleted text begin bydeleted text end 31 days after the order deleted text begin wasdeleted text end new text begin isnew text end received, unless review of the order under subdivision 6 or 7 deleted text begin has beendeleted text end new text begin isnew text end sought.

(c) Interest at the rate established in section 549.09 begins to accrue on penalties under this subdivision on the 31st day after the order with the penalty deleted text begin wasdeleted text end new text begin isnew text end received.

Sec. 90.

Minnesota Statutes 2022, section 103G.299, subdivision 10, is amended to read:

Subd. 10.

Cumulative remedy.

The authority of the commissioner to issue a corrective order assessing penalties is in addition to other remedies available under statutory or common lawdeleted text begin , except that the state may not seek civil penalties under any other provision of law for the violations covered by the administrative penalty orderdeleted text end . The payment of a penalty does not preclude the use of other enforcement provisionsdeleted text begin , under which penalties are not assessed,deleted text end in connection with the violation for which the penalty was assessed.

Sec. 91.

new text begin [103G.2991] PENALTIES; ENFORCEMENT. new text end

new text begin Subdivision 1. new text end

new text begin Civil penalties. new text end

new text begin (a) The commissioner, according to section 103G.134, may issue a notice to a person who violates: new text end

new text begin (1) this chapter; new text end

new text begin (2) a permit issued under this chapter or a term or condition of a permit issued under this chapter; new text end

new text begin (3) a duty under this chapter to permit an inspection, entry, or monitoring activity or a duty under this chapter to carry out an inspection or monitoring activity; new text end

new text begin (4) a rule adopted under this chapter; new text end

new text begin (5) a stipulation agreement, variance, or schedule of compliance entered into under this chapter; or new text end

new text begin (6) an order issued by the commissioner under this chapter. new text end

new text begin (b) A person issued a notice forfeits and must pay to the state a penalty, in an amount to be determined by the district court, of not more than $10,000 per day of violation. new text end

new text begin (c) In the discretion of the district court, a defendant under this section may be required to: new text end

new text begin (1) forfeit and pay to the state a sum that adequately compensates the state for the reasonable value of restoration, monitoring, and other expenses directly resulting from the unauthorized use of or damage to natural resources of the state; and new text end

new text begin (2) forfeit and pay to the state an additional sum to constitute just compensation for any damage, loss, or destruction of the state's natural resources and for other actual damages to the state caused by an unauthorized use of natural resources of the state. new text end

new text begin (d) As a defense to damages assessed under paragraph (c), a defendant may prove that the violation was caused solely by: new text end

new text begin (1) an act of God; new text end

new text begin (2) an act of war; new text end

new text begin (3) negligence on the part of the state; new text end

new text begin (4) an act or failure to act that constitutes sabotage or vandalism; or new text end

new text begin (5) any combination of clauses (1) to (4). new text end

new text begin (e) The civil penalties and damages provided for in this subdivision may be recovered by a civil action brought by the attorney general in the name of the state in Ramsey County District Court. Civil penalties and damages provided for in this subdivision may be resolved by the commissioner through a negotiated stipulation agreement according to the authority granted to the commissioner in section 103G.134. new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin This chapter and rules, standards, orders, stipulation agreements, schedules of compliance, and permits adopted or issued by the commissioner under this chapter or any other law for preventing, controlling, or abating damage to natural resources may be enforced by one or more of the following: new text end

new text begin (1) criminal prosecution; new text end

new text begin (2) action to recover civil penalties; new text end

new text begin (3) injunction; new text end

new text begin (4) action to compel performance; or new text end

new text begin (5) other appropriate action according to this chapter. new text end

new text begin Subd. 3. new text end

new text begin Injunctions. new text end

new text begin A violation of this chapter or rules, standards, orders, stipulation agreements, variances, schedules of compliance, and permits adopted or issued under this chapter constitutes a public nuisance and may be enjoined as provided by law in an action, in the name of the state, brought by the attorney general. new text end

new text begin Subd. 4. new text end

new text begin Actions to compel performance. new text end

new text begin (a) In an action to compel performance of an order issued by the commissioner for any purpose related to preventing, controlling, or abating damage to natural resources under this chapter, the court may require a defendant adjudged responsible to do and perform any and all acts set forth in the commissioner's order and all things within the defendant's power that are reasonably necessary to accomplish the purposes of the order. new text end

new text begin (b) If a municipality or its governing or managing body or any of its officers is a defendant, the court may require the municipality to exercise its powers, without regard to any limitation of a requirement for an election or referendum imposed thereon by law and without restricting the powers of the commissioner, to do any or all of the following, without limiting the generality hereof: new text end

new text begin (1) levy taxes or special assessments; new text end

new text begin (2) prescribe service or use charges; new text end

new text begin (3) borrow money; new text end

new text begin (4) issue bonds; new text end

new text begin (5) employ assistance; new text end

new text begin (6) acquire real or personal property; new text end

new text begin (7) let contracts; new text end

new text begin (8) otherwise provide for doing work or constructing, installing, maintaining, or operating facilities; and new text end

new text begin (9) do all acts and things reasonably necessary to accomplish the purposes of the commissioner's order. new text end

new text begin (c) The court must grant a municipality under paragraph (b) the opportunity to determine the appropriate financial alternatives to be used to comply with the court-imposed requirements. new text end

new text begin (d) An action brought under this subdivision must be venued in Ramsey County District Court. new text end

Sec. 92.

Minnesota Statutes 2022, section 103G.301, subdivision 2, is amended to read:

Subd. 2.

Permit application and notification fees.

(a) A fee to defray the costs of receiving, recording, and processing must be paid for a permit application authorized under this chapter, except for a general permit application, for each request to amend or transfer an existing permit, and for a notification to request authorization to conduct a project under a general permit. Fees established under this subdivision, unless specified in paragraph (c), must comply with section 16A.1285.

(b) Proposed projects that require water in excess of 100 million gallons per year must be assessed fees to recover the costs incurred to evaluate the project and the costs incurred for environmental review. Fees collected under this paragraph must be credited to an account in the natural resources fund and are appropriated to the commissioner.

(c) The fee to apply for a permit to appropriate water, in addition to any fee under paragraph (b), is $150. The application fee for a permit to construct or repair a dam that is subject to a dam safety inspection, to work in public waters, or to divert waters for mining must be at least deleted text begin $300deleted text end new text begin $1,200new text end , but not more than deleted text begin $3,000deleted text end new text begin $12,000new text end . The fee for a notification to request authorization to conduct a project under a general permit is deleted text begin $100deleted text end new text begin $400new text end .

Sec. 93.

Minnesota Statutes 2022, section 103G.301, subdivision 6, is amended to read:

Subd. 6.

Filing application.

An application for a permit must be filed with the commissioner deleted text begin anddeleted text end new text begin .new text end If the proposed activity for which the permit is requested is within a municipality, deleted text begin ordeleted text end is within or affects a watershed district or a soil and water conservation district, new text begin or is within the boundaries of a reservation or Tribal community of a federally recognized Indian Tribe in Minnesota, new text end a copy of the application with maps, plans, and specifications must be served on the mayor of the municipality, the secretary of the board of managers of the watershed district, deleted text begin anddeleted text end the secretary of the board of supervisors of the soil and water conservation districtdeleted text begin .deleted text end new text begin , or the Tribal chair of the federally recognized Indian Tribe, as applicable. For purposes of this section, "federally recognized Indian Tribe" means the Minnesota Tribal governments listed in section 10.65, subdivision 2.new text end

Sec. 94.

Minnesota Statutes 2022, section 103G.301, subdivision 7, is amended to read:

Subd. 7.

Recommendation of local units of governmentnew text begin and federally recognized Indian Tribesnew text end .

(a) If the proposed activity for which the permit is requested is within a municipality, or is within or affects a watershed district or a soil and water conservation district, the commissioner may obtain a written recommendation of the managers of the district and the board of supervisors of the soil and water conservation district or the mayor of the municipality before issuing or denying the permit.

(b) The managers, supervisors, or mayor must file a recommendation within 30 days after receiving of a copy of the application for permit.

new text begin (c) If the proposed activity for which the permit is requested is within the boundaries of a reservation or Tribal community of a federally recognized Indian Tribe in Minnesota, the federally recognized Indian Tribe may: new text end

new text begin (1) submit recommendations to the commissioner within 30 days of receiving the application; or new text end

new text begin (2) request Tribal consultation according to section 10.65 within 30 days of receiving the application. new text end

new text begin (d) If Tribal consultation is requested under paragraph (c), clause (2), a permit application is not complete until after the consultation occurs or 90 days after the request for consultation is made, whichever is sooner. new text end

Sec. 95.

Minnesota Statutes 2022, section 171.07, is amended by adding a subdivision to read:

new text begin Subd. 20. new text end

new text begin Watercraft operator's permit. new text end

new text begin (a) The department must maintain in its records information transmitted electronically from the commissioner of natural resources identifying each person to whom the commissioner has issued a watercraft operator's permit. The records transmitted from the Department of Natural Resources must contain the full name and date of birth as required for the driver's license or identification card. Records that are not matched to a driver's license or identification card record may be deleted after seven years. new text end

new text begin (b) After receiving information under paragraph (a) that a person has received a watercraft operator's permit, the department must include on all drivers' licenses or Minnesota identification cards subsequently issued to the person a graphic or written indication that the person has received the permit. new text end

new text begin (c) If a person who has received a watercraft operator's permit applies for a driver's license or Minnesota identification card before that information has been transmitted to the department, the department may accept a copy of the certificate as proof of its issuance and must then follow the procedures in paragraph (b). new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 96.

Minnesota Statutes 2022, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section, the commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed by this chapter in the state treasury and credit them to the general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for the construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment was made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of management and budget shall certify to the commissioner the date on which the project received the conditional commitment. The amount deposited in the loan guaranty account must be reduced by any refunds and by the costs incurred by the Department of Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general fund.

(d) Beginning with sales taxes remitted after July 1, 2017, the commissioner shall deposit in the state treasury the revenues collected under section 297A.64, subdivision 1, including interest and penalties and minus refunds, and credit them to the highway user tax distribution fund.

(e) The commissioner shall deposit the revenues, including interest and penalties, collected under section 297A.64, subdivision 5, in the state treasury and credit them to the general fund. By July 15 of each year the commissioner shall transfer to the highway user tax distribution fund an amount equal to the excess fees collected under section 297A.64, subdivision 5, for the previous calendar year.

(f) Beginning with sales taxes remitted after July 1, 2017, in conjunction with the deposit of revenues under paragraph (d), the commissioner shall deposit into the state treasury and credit to the highway user tax distribution fund an amount equal to the estimated revenues derived from the tax rate imposed under section 297A.62, subdivision 1, on the lease or rental for not more than 28 days of rental motor vehicles subject to section 297A.64. The commissioner shall estimate the amount of sales tax revenue deposited under this paragraph based on the amount of revenue deposited under paragraph (d).

(g) The commissioner shall deposit an amount of the remittances monthly into the state treasury and credit them to the highway user tax distribution fund as a portion of the estimated amount of taxes collected from the sale and purchase of motor vehicle repair and replacement parts in that month. The monthly deposit amount is $12,137,000. For purposes of this paragraph, "motor vehicle" has the meaning given in section 297B.01, subdivision 11, and "motor vehicle repair and replacement parts" includes (i) all parts, tires, accessories, and equipment incorporated into or affixed to the motor vehicle as part of the motor vehicle maintenance and repair, and (ii) paint, oil, and other fluids that remain on or in the motor vehicle as part of the motor vehicle maintenance or repair. For purposes of this paragraph, "tire" means any tire of the type used on highway vehicles, if wholly or partially made of rubber and if marked according to federal regulations for highway use.

(h) deleted text begin 72.43deleted text end new text begin 81.56new text end percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65, must be deposited by the commissioner in the state treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account in the game and fish fund, and may be spent only on activities that improve, enhance, or protect fish and wildlife resources, including conservation, restoration, and enhancement of land, water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund, and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.

new text begin (i) 1.5 percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65 must be deposited in a regional parks and trails account in the natural resources fund and may only be spent for parks and trails of regional significance outside of the seven-county metropolitan area under section 85.535, based on recommendations from the Greater Minnesota Regional Parks and Trails Commission under section 85.536. new text end

new text begin (j) 1.5 percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65 must be deposited in an outdoor recreational opportunities for underserved communities account in the natural resources fund and may only be spent on projects and activities that connect diverse and underserved Minnesotans through expanding cultural environmental experiences, exploration of their environment, and outdoor recreational activities. new text end

deleted text begin (i)deleted text end new text begin (k)new text end The revenue dedicated under paragraph (h) may not be used as a substitute for traditional sources of funding for the purposes specified, but the dedicated revenue shall supplement traditional sources of funding for those purposes. Land acquired with money deposited in the game and fish fund under paragraph (h) must be open to public hunting and fishing during the open season, except that in aquatic management areas or on lands where angling easements have been acquired, fishing may be prohibited during certain times of the year and hunting may be prohibited. At least 87 percent of the money deposited in the game and fish fund for improvement, enhancement, or protection of fish and wildlife resources under paragraph (h) must be allocated for field operations.

deleted text begin (j)deleted text end new text begin (l)new text end The commissioner must deposit the revenues, including interest and penalties minus any refunds, derived from the sale of items regulated under section 624.20, subdivision 1, that may be sold to persons 18 years old or older and that are not prohibited from use by the general public under section 624.21, in the state treasury and credit:

(1) 25 percent to the volunteer fire assistance grant account established under section 88.068;

(2) 25 percent to the fire safety account established under section 297I.06, subdivision 3; and

(3) the remainder to the general fund.

For purposes of this paragraph, the percentage of total sales and use tax revenue derived from the sale of items regulated under section 624.20, subdivision 1, that are allowed to be sold to persons 18 years old or older and are not prohibited from use by the general public under section 624.21, is a set percentage of the total sales and use tax revenues collected in the state, with the percentage determined under Laws 2017, First Special Session chapter 1, article 3, section 39.

deleted text begin (k)deleted text end new text begin (m)new text end The revenues deposited under paragraphs (a) to deleted text begin (j)deleted text end new text begin (l)new text end do not include the revenues, including interest and penalties, generated by the sales tax imposed under section 297A.62, subdivision 1a, which must be deposited as provided under the Minnesota Constitution, article XI, section 15.

new text begin EFFECTIVE DATE. new text end

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

Sec. 97.

new text begin UPPER SIOUX AGENCY STATE PARK; LAND TRANSFER. new text end

new text begin (a) The commissioner of natural resources must convey for no consideration all state-owned land within the boundaries of Upper Sioux Agency State Park to the Upper Sioux Community. new text end

new text begin (b) Upon approval by the Minnesota Historical Society's Executive Council, the Minnesota Historical Society may convey for no consideration state-owned land and real property in the Upper Sioux Agency Historic Site, as defined in Minnesota Statutes, section 138.662, subdivision 33, to the Upper Sioux Community. In cooperation with the commissioner of natural resources, the Minnesota Historical Society must identify any funding restrictions or other legal barriers to conveying the land. new text end

new text begin (c) By January 15, 2024, the commissioner, in cooperation with the Minnesota Historical Society, must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over environment and natural resources that identifies all barriers to conveying land within Upper Sioux Agency State Park and recommendations for addressing those barriers, including any legislation needed to eliminate those barriers. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 98.

new text begin REQUIRED RULEMAKING. new text end

new text begin Subdivision 1. new text end

new text begin Snowmobile registration. new text end

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

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

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

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

new text begin Subd. 2. new text end

new text begin Walk-in access program. new text end

new text begin The commissioner of natural resources must amend Minnesota Rules, part 6230.0250, subpart 10, item A, subitem (2), to replace the word "hunter" with "person." The commissioner may use the good cause exempt rulemaking procedure under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes, section 14.386, does not apply. new text end

Sec. 99.

new text begin REGISTRATION DECAL FORMAT TRANSITION. new text end

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

Sec. 100.

new text begin REPORT ON FERAL PIGS AND MINK. new text end

new text begin By February 15, 2024, the commissioner of natural resources, in cooperation with the Board of Animal Health and the commissioners of agriculture and health, must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over agriculture and environment and natural resources that: new text end

new text begin (1) identifies the responsibilities of the Board of Animal Health and the commissioners of natural resources, health, and agriculture for managing feral pigs and mink; new text end

new text begin (2) identifies any need to clarify or modify responsibilities for feral pig and mink management; and new text end

new text begin (3) includes policy recommendations for managing feral pigs and mink to further prevent negative impacts on the environment and human health. new text end

Sec. 101.

new text begin STATUTORY AND RULE REVISIONS TO PREVENT FISH KILLS IN DRIFTLESS AREA. new text end

new text begin By January 15, 2024, the commissioners of agriculture, health, and natural resources and the commissioner of the Pollution Control Agency must make recommendations to the legislature for statutes and rules that should be amended to prevent fish kills within the boundaries of the Department of Natural Resources Paleozoic Plateau ecological section. new text end

Sec. 102.

new text begin TURTLE SELLER'S LICENSES; TRANSFER AND RENEWAL. new text end

new text begin The commissioner of natural resources must not renew or transfer a turtle seller's license after the effective date of this section. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 103.

new text begin SWAN RESTITUTION VALUES; RULE AMENDMENTS. new text end

new text begin (a) The commissioner of natural resources must amend Minnesota Rules, part 6133.0030, to increase the restitution value of a tundra swan from $200 to $1,000 and the restitution value of a trumpeter swan from $1,000 to $2,500. new text end

new text begin (b) The commissioner of natural resources must amend Minnesota Rules, chapter 6133, to double the restitution values for wild game when a person takes, harasses, or destroys the wild game with malicious intent. new text end

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

Sec. 104.

new text begin NATIVE FISH CONSERVATION; REPORTS. new text end

new text begin (a) By August 1, 2023, the commissioner of natural resources must submit a written update on the progress of identifying necessary protection and conservation measures for native fish currently defined as rough fish under Minnesota Statutes, section 97A.015, subdivision 43, including buffalo, sucker, sheepshead, bowfin, gar, goldeye, and bullhead to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources. new text end

new text begin (b) By December 15, 2023, the commissioner of natural resources must submit a written report with recommendations for statutory and rule changes to provide necessary protection and conservation measures and research needs for native fish currently designated as rough fish to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources. The report must include recommendations for amending Minnesota Statutes to separately classify fish that are native to Minnesota and that are currently designated as rough fish and invasive fish that are currently designated as rough fish. For the purposes of this paragraph, native fish include but are not limited to bowfin (Amia calva), bigmouth buffalo (Ictiobus cyprinellus), smallmouth buffalo (Ictiobus bubalus), burbot (Lota lota), longnose gar (Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), goldeye (Hiodon alosoides), mooneye (Hiodon tergisus), and white sucker (Catostomus commersonii), and invasive fish include but are not limited to bighead carp (Hypophthalmichthys nobilis), grass carp (Ctenopharyngodon idella), and silver carp (Hypophthalmichthys molitrix). new text end

Sec. 105.

new text begin WATER-USE PERMITS; CITY OF LAKE ELMO. new text end

new text begin (a) Notwithstanding any other provision of law, the commissioner of natural resources may: new text end

new text begin (1) issue permits necessary for the city of Lake Elmo to construct and operate a new municipal water supply well; and new text end

new text begin (2) amend existing water-use permits issued to the city of Lake Elmo to increase the authorized volume of water that may be appropriated under the permits to a level consistent with the amount anticipated to be needed each year according to a water supply plan approved by the commissioner under Minnesota Statutes, section 103G.291. new text end

new text begin (b) Notwithstanding paragraph (a), all new and amended water-use permits issued by the commissioner to the city of Lake Elmo must contain the same water-use conservation and planning measures required by law for municipal wells located wholly or partially within the five-mile radius of White Bear Lake. new text end

new text begin (c) This section expires June 30, 2027. 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. 106.

new text begin WHITE BEAR LAKE AREA WATER-USE PERMIT MODIFICATION MORATORIUM. new text end

new text begin (a) Except as provided under paragraph (b), the commissioner of natural resources may not reduce the total maximum amount of groundwater use permitted under a White Bear Lake area water-use permit issued or amended before January 1, 2023. new text end

new text begin (b) Notwithstanding paragraph (a), the commissioner of natural resources may reduce the authorized amount of groundwater use permitted or impose additional restrictions or conditions if necessary to address emergency preparedness or other public health and safety issues as determined by the commissioner. new text end

new text begin (c) Except as provided under paragraph (b), this section does not authorize the commissioner to reduce or eliminate water-use conservation or planning conditions imposed on municipal water appropriation permits for wells located wholly or partially within a five-mile radius of White Bear Lake. new text end

new text begin (d) For the purposes of this section, "White Bear Lake area water-use permit" means a water-use permit authorizing the use of groundwater from one or more municipal wells located wholly or partially within a five-mile radius of White Bear Lake. new text end

new text begin (e) This section expires June 30, 2027. 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. 107.

new text begin ANALYSIS OF CROSSBOW HUNTING'S EFFECT ON DEER POPULATION. new text end

new text begin By October 1, 2025, the commissioner of natural resources must submit to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources an analysis of the effect that allowing persons who are under age 60 to hunt with a crossbow during regular archery seasons has had on the deer population in this state. new text end

Sec. 108.

new text begin DEPARTMENT OF NATURAL RESOURCES OUTREACH TO SOUTHEAST ASIAN MINNESOTANS. new text end

new text begin The commissioner of natural resources must recruit and hire at least 3.5 full-time equivalent positions to engage in outreach to members of Southeast Asian communities in Minnesota about hunting and fishing opportunities and regulations in this state. No more than two of these full-time equivalent positions may be conservation officers and all persons hired pursuant to this section must be fluent in the Hmong or Karen language. new text end

Sec. 109.

new text begin ENSURING ADEQUATE BAIT SUPPLY. new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 97C.211, 97C.341, and 97C.515, or any other provision of law, the commissioner of natural resources may adopt emergency rules in accordance with Minnesota Statutes, section 84.027, subdivision 13, including by the expedited emergency process described in Minnesota Statutes, section 84.027, subdivision 13, paragraph (b), to alleviate a shortage of bait in this state, including by allowing importation of live minnows into the state. Only minnows harvested from waters in states that are adjacent to Minnesota may be imported under this section. new text end

new text begin (b) By January 15, 2024, the commissioner, in consultation with bait producers, bait harvesters, retailers, and other fishing interest groups, must submit recommendations to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources to ensure a viable Minnesota-grown bait supply and sustainable bait industry for anglers of Minnesota that minimizes the risk of spreading aquatic invasive species or fish disease in Minnesota. new text end

new text begin (c) This section expires June 30, 2025. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 110.

new text begin RECOMMENDATIONS FOR REDUCING AQUATIC INVASIVE SPECIES CONTAMINATION IN TROUT STREAMS. new text end

new text begin By January 15, 2024, the commissioner of natural resources, in consultation with Minnesota Trout Unlimited and other trout stream angling organizations, must submit to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources policy recommendations for statutory and program changes to reduce the risk of aquatic invasive species contamination in Minnesota trout streams. new text end

Sec. 111.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes must renumber the subdivisions of Minnesota Statutes, section 103G.005, listed in column A to the references listed in column B. The revisor must make necessary cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the renumbering: new text end

new text begin Column A new text end new text begin Column B new text end
new text begin subdivision 9b new text end new text begin subdivision 9d new text end
new text begin subdivision 13a new text end new text begin subdivision 13c new text end
new text begin subdivision 15h new text end new text begin subdivision 15j new text end

Sec. 112.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; 6100.5700, subpart 4; and 6115.1220, subpart 8, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2022, sections 86B.101; 86B.305; and 86B.313, subdivisions 2 and 3, new text end new text begin are repealed. new text end

new text begin (c) new text end new text begin Minnesota Rules, part 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, and 8, new text end new text begin are repealed. new text end

new text begin (d) new text end new text begin Minnesota Statutes 2022, section 97C.605, subdivisions 2, 2a, 2b, and 5, new text end new text begin are repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) is effective July 1, 2025, and paragraphs (c) and (d) are effective January 1, 2024. new text end

ARTICLE 5

WATER AND SOIL RESOURCES

Section 1.

Minnesota Statutes 2022, section 103B.101, subdivision 2, is amended to read:

Subd. 2.

Voting members.

(a) The members are:

(1) three county commissioners;

(2) three soil and water conservation district supervisors;

(3) three watershed district or watershed management organization representatives;

(4) three citizens who are not employed by, or the appointed or elected officials of, a state governmental office, board, or agency;

(5) one township officer;

(6) two elected city officials, one of whom must be from a city located in the metropolitan area, as defined under section 473.121, subdivision 2;

(7) the commissioner of agriculture;

(8) the commissioner of health;

(9) the commissioner of natural resources;

(10) the commissioner of the Pollution Control Agency; and

(11) the director of the University of Minnesota Extension Service.

(b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state with at least four members but not more than six members from the metropolitan area, as defined by section 473.121, subdivision 2.

(c) Members in paragraph (a), clauses (1) to (6), are appointed by the governor. In making the appointments, the governor may consider persons recommended by the Association of Minnesota Counties, the Minnesota Association of Townships, the League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation Districts, and the Minnesota Association of Watershed Districts. The list submitted by an association must contain at least three nominees for each position to be filled.

(d) The membership terms, compensation, removal of members and filling of vacancies on the board for members in paragraph (a), clauses (1) to (6), are as provided in section 15.0575new text begin , except that a member may be compensated at the rate of up to $125 a daynew text end .

Sec. 2.

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

Subd. 9.

Powers and duties.

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

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

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

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

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

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

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

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

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

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

Sec. 3.

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

Subd. 16.

deleted text begin Water qualitydeleted text end new text begin Conservationnew text end practices; standardized specifications.

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

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

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

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

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

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

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

Sec. 4.

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

new text begin Subd. 18. new text end

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

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

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

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

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

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

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

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

Sec. 5.

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

103B.103 EASEMENT STEWARDSHIP ACCOUNTS.

Subdivision 1.

Accounts established; sources.

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

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

Subd. 2.

Appropriation; purposes of accounts.

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

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

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

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

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

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

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

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

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

Subd. 3.

Financial contributions.

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

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

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

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

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

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

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

Sec. 7.

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

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

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

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

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

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

Sec. 8.

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

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

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

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

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

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

Sec. 9.

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

Subdivision 1.

deleted text begin Cost-sharedeleted text end new text begin Programnew text end authorization.

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

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

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

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

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

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

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

Sec. 10.

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

Subd. 4.

deleted text begin Cost-sharingdeleted text end new text begin Use ofnew text end funds.

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

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

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

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

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

Sec. 11.

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

Subd. 5.

Contracts by districts.

(a) A district deleted text begin boarddeleted text end may deleted text begin contract on a cost-share basis to furnish financial aid todeleted text end new text begin provide technical and financial assistance tonew text end a land occupier or to a statenew text begin or federalnew text end agency for deleted text begin permanent systemsdeleted text end new text begin practices and projectsnew text end fornew text begin :new text end

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

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

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

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

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

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

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

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

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

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

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

Sec. 12.

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

Subd. 6.

Policies and rules.

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

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

(2) standards and guidelines for deleted text begin cost-sharingdeleted text end new text begin implementing the conservationnew text end contractsdeleted text begin ;deleted text end new text begin program.new text end

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

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

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

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

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

Sec. 13.

Minnesota Statutes 2022, section 103C.501, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Inspections. new text end

new text begin The district or the district's delegate must conduct site inspections of conservation practices installed to determine if the land occupier is in compliance with design, operation, and maintenance specifications. new text end

Sec. 14.

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

Subd. 5.

Establishment order.

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

Sec. 15.

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

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

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

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

new text begin Subd. 2. new text end

new text begin Establishment. new text end

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

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

new text begin Subd. 3. new text end

new text begin Financial and technical assistance. new text end

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

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

new text begin Subd. 4. new text end

new text begin Program implementation. new text end

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

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

new text begin Subd. 5. new text end

new text begin Federal aid availability. new text end

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

new text begin Subd. 6. new text end

new text begin Soil health practices. new text end

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

Sec. 16.

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

103F.505 PURPOSE AND POLICY.

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

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

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

new text begin (3)new text end sequester carbondeleted text begin , anddeleted text end new text begin ;new text end

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

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

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

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

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

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

Sec. 17.

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

new text begin Subd. 5a. new text end

new text begin Grasslands. new text end

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

Sec. 18.

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

new text begin Subd. 8d. new text end

new text begin Restored prairie. new text end

new text begin "Restored prairie" means a restoration that uses at least 25 representative and biologically diverse native prairie plant species and that occurs on land that was previously cropped or used as pasture. new text end

Sec. 19.

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

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Applicability. new text end

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

new text begin Subd. 3. new text end

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

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

new text begin Subd. 4. new text end

new text begin Payments for easements. new text end

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

Sec. 20.

Minnesota Statutes 2022, section 103G.2242, subdivision 1, is amended to read:

Subdivision 1.

Rules.

(a) The board, in consultation with the commissioner, shall adopt rules governing the approval of wetland value replacement plans under this section and public-waters-work permits affecting public waters wetlands under section 103G.245. These rules must address the criteria, procedure, timing, and location of acceptable replacement of wetland values and may address the state establishment and administration of a wetland banking program for public and private projects, including provisions for an in-lieu fee program;new text begin mitigating and banking other water and water-related resources;new 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. Any in-lieu fee program established by the board must conform with Code of Federal Regulations, title 33, section 332.8, as amended.

(b) After the adoption of the rules, a replacement plan must be approved by a resolution of the governing body of the local government unit, consistent with the provisions of the rules or a comprehensive wetland protection and management plan approved under section 103G.2243.

(c) If the local government unit fails to apply the rules, or fails to implement a local comprehensive wetland protection and management plan established under section 103G.2243, the government unit is subject to penalty as determined by the board.

(d) When making a determination under rules adopted pursuant to this subdivision on whether a rare natural community will be permanently adversely affected, consideration of measures to mitigate any adverse effect on the community must be considered.

Sec. 21.

new text begin DRAINAGE WORK GROUP REPORT. new text end

new text begin (a) The Board of Water and Soil Resources and the Drainage Work Group established under Minnesota Statutes, section 103B.101, subdivision 13, must evaluate and develop recommendations on the following subjects: new text end

new text begin (1) the definition and application of outlet adequacy as provided in Minnesota Statutes, section 103E.261; and new text end

new text begin (2) public notice requirements for proposed public drainage activities, including a drainage registry portal. new text end

new text begin (b) The board must submit the report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources by February 1, 2024. new text end

Sec. 22.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 103C.501, subdivisions 2 and 3, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 8400.0500; 8400.0550; 8400.0600, subparts 4 and 5; 8400.0900, subparts 1, 2, 4, and 5; 8400.1650; 8400.1700; 8400.1750; 8400.1800; and 8400.1900, new text end new text begin are repealed. new text end

ARTICLE 6

STATE LANDS

Section 1.

Minnesota Statutes 2022, section 84.66, subdivision 7, is amended to read:

Subd. 7.

Landowner responsibilities.

The commissioner may enroll eligible land in the program by signing an easement in recordable form with a landowner in which the landowner agrees to:

(1) convey to the state a permanent easement that is not subject to any prior title, lien, or encumbrancenew text begin , except for preexisting easements that are acceptable to the commissionernew text end ; and

(2) manage the land in a manner consistent with the purposes for which the land was selected for the program and not convert the land to other uses.

Sec. 2.

Laws 2023, chapter 9, section 19, is amended to read:

Sec. 19.

LAND EXCHANGE; ST. LOUIS COUNTY.

new text begin Subdivision 1. new text end

new text begin Authority. new text end

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

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

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

(1) Sections 1 and 2, Township 53 North, Range 18 West;

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

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

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

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

new text begin Subd. 2. new text end

new text begin Exchange for greater than substantially equal value. new text end

new text begin Notwithstanding Minnesota Statutes, section 94.344, subdivisions 3 and 5, or any other law to the contrary, the county may require the exchange partner to exchange lands or a combination of lands and money valued in the amount of at least 125 percent of the state land referenced in subdivision 1, paragraph (c), in determining whether the proposal is in the best interests of the state. new text end

Sec. 3.

new text begin ADDITIONS TO STATE PARKS. new text end

new text begin Subdivision 1. new text end

new text begin [85.012] [Subd. 21.] Frontenac State Park, Goodhue County. new text end

new text begin The following area is added to Frontenac State Park, Goodhue County: new text end

new text begin That part of the Southeast Quarter of Section 10, Township 112 North, Range 13 West, and that part of the Southwest Quarter of Section 11, Township 112 North, Range 13 West, Goodhue County, Minnesota, described as follows: Commencing at the northeast corner of the Southeast Quarter of said Section 10; thence southerly on an assumed azimuth from North of 189 degrees 34 minutes 33 seconds, along the east line of the Southeast Quarter of said Section 10, a distance of 1,100.31 feet; thence westerly 269 degrees 34 minutes 33 seconds azimuth, a distance of 80.53 feet to the point of beginning of the land to be described; thence northerly 340 degrees 42 minutes 19 seconds azimuth, a distance of 300.00 feet; thence easterly 100 degrees 22 minutes 46 seconds azimuth, a distance of 286.97 feet to the centerline of County Road Number 2, as now located and established; thence southerly and southwesterly, along said centerline, to the intersection with a line drawn southerly 160 degrees 42 minutes 19 seconds azimuth from the point of beginning; thence northerly 340 degrees 42 minutes 19 seconds azimuth, a distance of 51.66 feet to the point of beginning. new text end

new text begin EXCEPT the following described premises: new text end

new text begin Part of the Northeast Quarter of the Southeast Quarter of Section 10, Township 112 North, Range 13 West, Goodhue County, shown as Parcel 6 on the plat designated as Goodhue County Right-of-Way Plat No. 23 on file and of record in the Office of the County Recorder in and for Goodhue County, Minnesota. new text end

new text begin ALSO EXCEPT the following: new text end

new text begin Part of the Northwest Quarter of the Southwest Quarter of Section 11, Township 112 North, Range 13 West, Goodhue County, shown as Parcel 1 on the plat designated as Goodhue County Highway Right-Of-Way Plat No. 24 on file and of record in the Office of the County Recorder in and for Goodhue County, Minnesota. new text end

new text begin Subd. 2. new text end

new text begin [85.012] [Subd. 60.] William O'Brien State Park, Washington County. new text end

new text begin The following area is added to William O'Brien State Park, Washington County: new text end

new text begin The South Half of the Northwest Quarter, except the East 2 rods thereof, Section 25, Township 32, Range 20. new text end

Sec. 4.

new text begin ADDITION TO STATE FOREST. new text end

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

new text begin That part of Government Lot 8, Section 30, Township 51 North, Range 19, St. Louis County, Minnesota, lying northwesterly of the railroad right-of-way. new text end

Sec. 5.

new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; AITKIN COUNTY. new text end

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

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

new text begin (c) The land that may be sold is located in Aitkin County and is described as: new text end

new text begin The West 16.25 feet of that part of the 32.50-foot-wide road, as delineated on the Plat of Sugar Lake Addition, according to the plat of record and on file in the Office of the County Recorder in and for Aitkin County, Minnesota lying northerly of the following described line: Commencing at the iron monument at the southwest corner of Section 2, Township 45, Range 25, said Aitkin County, Minnesota; thence North 0 degrees 00 minutes 23 seconds West, assumed bearing, 2,020.36 feet along the west line of said Section 2 to the point of beginning of the line to be described; thence North 89 degrees 59 minutes 37 seconds East 32.50 feet to the west line of Lot 1 said Sugar Lake Addition and said line there terminating. new text end

new text begin (d) The land borders Sugar Lake. The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership. new text end

Sec. 6.

new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; BECKER COUNTY. new text end

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

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

new text begin (c) The land that may be sold is located in Becker County and is described as: new text end

new text begin All that part of Government Lot 2, Section 12, Township 139 North, Range 40 West of the 5th P.M., bounded by the water's edge of Cotton Lake and the following described lines: Commencing at the North quarter corner of said Section 12, from which the northwest corner of said section bears North 90 degrees 00 minutes West; thence South 00 degrees 00 minutes East, 325.0 feet; thence North 90 degrees 00 minutes East, 72.0 feet to the point of beginning and the centerline of County State-Aid Highway No. 29; thence South 25 degrees 52 minutes East, 222.27 feet along the centerline of said highway; thence North 90 degrees 00 minutes West, 284.0 feet, more or less, to the water's edge of Cotton Lake and there terminating; and from the point of beginning, North 90 degrees 00 minutes West, 249.1 feet, more or less, to the water's edge of Cotton Lake and there terminating. new text end

new text begin (d) The land borders Cotton Lake and is not contiguous to other state lands. The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership. new text end

Sec. 7.

new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; BECKER COUNTY. new text end

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

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

new text begin (c) The land that may be sold is located in Becker County and is described as: new text end

new text begin Lot 1, Pearl Hill, according to the certified plat on file and of record in the Office of the Register of Deeds in and for Becker County, Minnesota, and being a part of Government Lots 2 and 3, Section 13, Township 138 North, Range 42 West. new text end

new text begin (d) The land borders Pearl Lake and is not contiguous to other state lands. The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership. new text end

Sec. 8.

new text begin PRIVATE SALE OF TAX-FORFEITED LAND; BELTRAMI COUNTY. new text end

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

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

new text begin (c) The land to be sold is located in Beltrami County and is described as: new text end

new text begin That part of the Southwest Quarter of the Southwest Quarter, Section 20, Township 150 North, Range 35 West, Beltrami County, Minnesota: Commencing at the southwest corner of the said Southwest Quarter of the Southwest Quarter, said corner is documented by a Certificate of Location of Government Corner filed in the Office of the Beltrami County Recorder on February 14, 2013, by Document No. A000529106; thence South 89 degrees 31 minutes 48 seconds East, bearing based on the Beltrami County Coordinate System, South Zone, along the south line of said Southwest Quarter of the Southwest Quarter, a distance of 1,318.01 feet; thence North 00 degrees 00 minutes 57 seconds West, along the east line of said Southwest Quarter of the Southwest Quarter, a distance of 929.92 feet to the point of beginning of land to be described and said point is designated by an iron pipe, 1/2 inch in diameter, stamped LS 15483; thence continue North 00 degrees 00 minutes 57 seconds West, along said east line, a distance of 151.79 feet to a point designated by an iron pipe, 1/2 inch in diameter, stamped LS 15483; thence North 81 degrees 33 minutes 00 seconds West a distance of 62.18 feet to a point designated by an iron pipe, 1/2 inch in diameter, stamped LS 15483; thence South 08 degrees 27 minutes 00 seconds West a distance of 150.14 feet to the intersection with a line bearing North 81 degrees 33 minutes 00 seconds West from the point of beginning and said intersection is designated by an iron pipe, 1/2 inch in diameter, stamped LS 15483; thence South 81 degrees 33 minutes 00 seconds East a distance of 84.53 feet to the point of beginning (0.25 acres) (part of parcel identification number 01.00227.00). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership to resolve an encroachment. new text end

Sec. 9.

new text begin PRIVATE SALE OF TAX-FORFEITED LAND; BELTRAMI COUNTY. new text end

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

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

new text begin (c) The land to be sold is located in Beltrami County and is described as: the East 11.00 feet of the North 80.00 feet of the South 714.97 feet of the Northwest Quarter of the Southeast Quarter, Section 1, Township 146 North, Range 34 West, Beltrami County, Minnesota (0.02 acres) (part of parcel identification number 15.00030.00). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership to resolve an encroachment. new text end

Sec. 10.

new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER; CROW WING COUNTY. new text end

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

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

new text begin (c) The land that may be conveyed is located in Crow Wing County and is described as: new text end

new text begin That part of Government Lot 2, Section 11, Township 44, Range 28, Crow Wing County, Minnesota, described as follows: Commencing at the southeast corner of said Government Lot 2; thence South 89 degrees 08 minutes 05 seconds West, assumed bearing along the south line of said Government Lot 2 a distance of 203.73 feet to the westerly right-of-way of State Highway No. 18; thence North 24 degrees 13 minutes 27 seconds West, along said westerly right-of-way 692.40 feet, to the point of beginning; thence continuing North 24 degrees 13 minutes 27 seconds West along said westerly right-of-way 70.31 feet; thence North 89 degrees 25 minutes 27 seconds West 90.00 feet; thence South 11 degrees 16 minutes 29 seconds East 87.00 feet; thence North 78 degrees 43 minutes 31 seconds East 103.84 feet to the point of beginning. Said parcel contains 0.17 acres of land, more or less, and is subject to existing easements of record. new text end

new text begin (d) The tax parcel from which the land will be split borders Borden Lake, but the land to be sold does not border Borden Lake. The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were returned to private ownership. new text end

Sec. 11.

new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA COUNTY. new text end

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

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

new text begin (c) The land to be sold is located in Itasca County and is described as: the Northwest Quarter of the Southeast Quarter, Section 25, Township 56, Range 25 (parcel identification number 02-025-4200). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership. new text end

Sec. 12.

new text begin PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; KANDIYOHI COUNTY. new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by public or private sale the surplus land that is described in paragraph (c), subject to the state's reservation of a perpetual flowage easement. new text end

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

new text begin (c) The land that may be sold is located in Kandiyohi County and is described as: new text end

new text begin Lots 18 and 19 of First Addition to Walleye Beach, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for Kandiyohi County, Minnesota. new text end

new text begin (d) The land borders Florida Lake and is not contiguous to other state lands. The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership. new text end

Sec. 13.

new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; KOOCHICHING COUNTY. new text end

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

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

new text begin (c) The land to be sold is located in Koochiching County and is described as: new text end

new text begin That part of Lot 53, Plat of Riverview Acres, according to the recorded plat thereof on file in the Office of the County Recorder, Koochiching County, Minnesota, lying northwesterly of the following described line: Commencing at the northwest corner of said Lot 53; thence South 89 degrees 59 minutes 47 seconds East 31.00 feet along the north line of said Lot 53 to the point of beginning of the line to be described; thence South 67 degrees 10 minutes 42 seconds West 33.51 feet to the west line of said Lot 53 and there terminating. Said parcel contains 200 square feet, more or less. new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership. new text end

Sec. 14.

new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY. new text end

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

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

new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end

new text begin Lot 6, Block 12, Chambers First Division of Duluth (parcel number 010-0460-00660). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership to resolve a structure encroachment. new text end

Sec. 15.

new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY. new text end

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

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

new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end

new text begin The West 3 feet of the North 20 feet of Lot 87, Block 75, Duluth Proper Third Division (parcel number 010-1310-01945). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership to resolve a structure encroachment. new text end

Sec. 16.

new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY. new text end

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

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

new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end

new text begin Lot 90, except the North 100 feet and except the East Half of the South 50 feet of Lot 90 and except the West 6 feet of the South 50 feet of the West Half of Lot 90, Block 75, Duluth Proper Third Division (parcel number 010-1310-02125). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership to resolve a structure encroachment. new text end

Sec. 17.

new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY. new text end

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

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

new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end

new text begin Block 11, Endion Park Division of Duluth (parcel number 010-1490-00860). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership to resolve a structure encroachment. new text end

Sec. 18.

new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY. new text end

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

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

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

new text begin (1) Lots 52, 54, and 56, Fond Du Lac Fourth Street Duluth (parcel number 010-1620-01260); new text end

new text begin (2) Lots 58 and 60, Fond Du Lac Fourth Street Duluth (parcel number 010-1620-01290); new text end

new text begin (3) Lots 21 thru 39, odd numbers, and Lot 41 except the North 52 feet, and except the North 52 feet of Lots 43, 45, and 47, and Lots 49 and 51 except that part lying North of a line drawn from a point on the westerly line of Lot 49 and 52 feet South of the northwest corner to a point on the easterly line of Lot 51 38.1 feet South of the northeast corner, and all of Lots 53, 55, 57, and 59, and except that part of Lots 21 thru 39, odd numbered lots, lying 20 feet northerly and 20 feet southerly of a line beginning at a point on the west line of Lot 21 13.56 feet South of the northwest corner of Lot 21; thence to a point 54.83 feet South of the northeast corner along the east line of Lot 39, and except the southerly 46 feet of the northerly 98 feet of Lots 41, 43, and 45, and except that part of Lots 47 thru 57, odd numbered lots, described as beginning at a point on the west line of Lot 47 52 feet South of the northwest corner of Lot 47; thence easterly 40 feet to a point on the east line of Lot 47 52 feet South of the northeast corner of Lot 47; thence northeasterly 81.22 feet to a point on the east line of Lot 51 38.1 feet South of the northeast corner of Lot 51; thence North 17.3 feet to a point on the east line of Lot 51 20.8 feet South of the northeast corner of Lot 51; thence northeasterly 82.68 feet to the northwest corner of Lot 57; thence East 40 feet to the northeast corner of Lot 57; thence South 64.1 feet along the east line of Lot 57; thence southwesterly 242.22 feet to a point on the west line of Lot 47 98 feet South of the northwest corner of Lot 47; thence North 46 feet along the west line of Lot 47 to the point of beginning, and except Lot 59, and except that part of Lots 25, 27, 29, 31, 33, 35, 37, and 39 lying southerly of a line run parallel with and distant 20 feet southerly of the following described line: beginning at a point on the west line of Lot 21, distant 13.56 feet South of the northwest corner thereof; thence southeasterly to a point on the east line of said Lot 39, distant 54.83 feet South of the northeast corner thereof and there terminating, Fond Du Lac Fourth Street Duluth (parcel number 010-1620-00290); and new text end

new text begin (4) that part of Lots 21 thru 39, odd numbered lots, lying 20 feet northerly and 20 feet southerly of a line beginning at a point on the west line of Lot 21 13.56 feet South of the northwest corner of Lot 21; thence to a point 54.83 feet South of the northeast corner along the east line of Lot 39 and the southerly 46 feet of the northerly 98 feet of Lots 41, 43, and 45, and that part of Lots 47 thru 57, odd numbered lots, described as beginning at a point on the west line of Lot 47 52 feet South of the northwest corner of Lot 47; thence easterly 40 feet to a point on the east line of Lot 47 52 feet South of the northeast corner of Lot 47; thence northeasterly 81.22 feet to a point on the east line of Lot 51 38.1 feet South of the northeast corner of Lot 51; thence North 17.3 feet to a point on the east line of Lot 51 20.8 feet South of the northeast corner of Lot 51; thence northeasterly 82.68 feet to the northwest corner of Lot 57; thence East 40 feet to the northeast corner of Lot 57; thence South 64.1 feet along the east line of Lot 57; thence southwesterly 242.22 feet to a point on the west line of Lot 47 98 feet South of the northwest corner of Lot 47; thence North 46 feet along the west line of Lot 47 to the point of beginning, and Lot 59, Fond Du Lac Fourth Street Duluth (parcel number 010-1620-00291). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership for the Mission Creek Cemetery. new text end

Sec. 19.

new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY. new text end

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

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

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

new text begin (1) Lot 28, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01140); new text end

new text begin (2) Lot 30, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01150); new text end

new text begin (3) Lot 32, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01160); new text end

new text begin (4) Lot 34, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01170); new text end

new text begin (5) Lot 36, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01180); new text end

new text begin (6) Lot 38, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01190); new text end

new text begin (7) Lots 40 thru 48, even numbered lots, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01200); and new text end

new text begin (8) Lot 50, Fond Du Lac Fourth Street Duluth (part of parcel number 010-1620-01250). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership for the Mission Creek Cemetery. new text end

Sec. 20.

new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY. new text end

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

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

new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end

new text begin The South Half of Section 31, Township 50, Range 20, Town of Fine Lakes (part of parcel number 355-0010-04960). new text end

new text begin (d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership to resolve a structure encroachment. new text end

Sec. 21.

new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER; SHERBURNE COUNTY. new text end

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

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

new text begin (c) The land that may be conveyed is located in Sherburne County and is described as: new text end

new text begin That part of Government Lot 6, Section 31, Township 34 North, Range 27 West, Sherburne County, Minnesota, described as follows: Commencing at the most northerly corner of Outlot A, Eagle Lake Estates, according to the plat thereof on file and of record in the Office of the County Recorder in and for Sherburne County, Minnesota, being an existing iron monument with an aluminum cap stamped "Judicial Landmark 16095" (JLM); thence southwesterly 146.20 feet along the easterly line of said Outlot A on a curve concave to the southeast, having a central angle of 14 degrees 41 minutes 15 seconds, radius of 570.32 feet, and a chord bearing of South 29 degrees 12 minutes 20 seconds West, to a JLM; thence South 21 degrees 51 minutes 43 seconds West, along said easterly line, 196.53 feet to the point of beginning; thence continuing South 21 degrees 51 minutes 43 seconds West, along said easterly line, 35.00 feet to a JLM; thence South 89 degrees 38 minutes 17 seconds East, along the northerly line of said Outlot A, 87 feet, more or less, to the water's edge of Eagle Lake; thence northerly along said water's edge, 45 feet, more or less, to a line bearing North 80 degrees 55 minutes 20 seconds East from the point of beginning; thence South 80 degrees 55 minutes 20 seconds West 70 feet, more or less, to the point of beginning. new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were returned to private ownership. new text end

Sec. 22.

new text begin LEASE; TAX-FORFEITED LAND; ST. LOUIS COUNTY. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, St. Louis County may lease the tax-forfeited lands described in paragraph (b) for consideration of more than $50,000 per year or for a period exceeding 25 years to support new capital investment to support business expansion in the port. new text end

new text begin (b) The lands to be leased are located in St. Louis County, city of Duluth, Rearrangement of Auditor's Plat of West Duluth Outlots, and are described as: new text end

new text begin (1) that part of Out Lot Q described as follows: Commencing at the intersection of the extended center line of 50th Avenue West the United States government dock line as now established running thence North along said extended center line of 50th Avenue West a distance of 1,261 feet; thence southerly parallel with the southwesterly line of Lesure Street to intersection with the said dock line; thence westerly along said dock line to place of beginning (parcel number: 010-0130-00310) except public waters; and new text end

new text begin (2) that part of Out Lots Q and R as follows: Commencing at the intersection of extended center line of 50th Avenue West and the United States government dock line running thence North along said extended center line of 50th Avenue West 1,261 feet to the place of beginning; thence southerly parallel with the southwest line of Lesure Street to intersection with said dock line; thence easterly along said dock line to a point 550 feet southwesterly from said southwesterly line of Lesure Street measured at right angles thereto; thence northwesterly parallel with said southwestern line of Lesure Street to said extended center line of said 50th Avenue West thence southerly along center line to place of beginning, excluding the railroad right-of-way (parcel number: 010-0130-00320) except public waters. new text end

Sec. 23.

new text begin EXCHANGE OF STATE LAND; ST. LOUIS COUNTY. new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

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

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

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

new text begin (1) Section 6, Township 53 North, Range 17 West; new text end

new text begin (2) the Northeast Quarter of Section 29, Township 54 North, Range 17 West; new text end

new text begin (3) the South Half of Section 30, Township 54 North, Range 17 West; new text end

new text begin (4) the Northwest Quarter of Section 31, Township 54 North, Range 17 West; and new text end

new text begin (5) Section 36, Township 54 North, Range 18 West. new text end

new text begin (d) The state land administered by the commissioner of natural resources borders Jenkins Creek in portions of Sections 30 and 31 of Township 54 North, Range 17 West and includes approximately 210 feet of water frontage on Nichols Lake on Lot 7 of Section 6, Township 53 North, Range 17 West. The private land to be exchanged is forest land. While the exchange proposal does not provide at least equal opportunity for access to waters by the public, the land to be acquired by the commissioner in the exchange will increase the total riparian frontage of future state-administered lands and improve access to adjacent state forest lands. new text end

new text begin Subd. 2. new text end

new text begin Exchange for greater than substantially equal value. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 94.343, subdivisions 3 and 5, or any other law to the contrary, the commissioner shall require the exchange partner to exchange lands or a combination of lands and money valued in the amount of at least 125 percent of the state land referenced in subdivision 1, paragraph (c), in determining whether the proposal is in the best interests of the school trust. new text end

new text begin (b) Any money received under this subdivision shall be deposited in the permanent school fund pursuant to Minnesota Statutes, section 127A.32. new text end

Sec. 24.

new text begin PRIVATE SALE OF LAND; ST. LOUIS COUNTY. new text end

new text begin (a) Notwithstanding the public sale and competitive bidding provisions of Minnesota Statutes, chapter 373, or other law to the contrary, St. Louis County may sell by private sale the fee-owned lands described in paragraph (b). new text end

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

new text begin (1) the Southeast Quarter of the Northeast Quarter of Section 26, Township 54 North, Range 18 West of the 4th Principal Meridian; and new text end

new text begin (2) the Northeast Quarter of the Southeast Quarter of Section 25, Township 54 North, Range 18 West of the 4th Principal Meridian. new text end

new text begin (c) St. Louis County has determined that county interests are best served by sale of these parcels. new text end

Sec. 25.

new text begin LAND TRANSFER; CITY OF DULUTH. new text end

new text begin Subdivision 1. new text end

new text begin Acquisition. new text end

new text begin (a) Notwithstanding the requirements or limitations in Minnesota Statutes, section 161.20, or any other law to the contrary, the commissioner of transportation may acquire, by deed or other means, the land described in paragraph (c) from the city of Duluth for the fair market value as determined by an appraisal of the property. new text end

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

new text begin (c) The land to be acquired is described as: new text end

new text begin (1) the North 52 feet of Lots 41, 43, 45, and 47 on Glass Street (formerly Fourth Street) in Fond du Lac (part of parcel number 010-1620-00285); and new text end

new text begin (2) those portions of Lots 49 and 51 on said Glass Street lying North of a straight line extending from a point on the west line of said Lot 49, distant 52 feet South measured along said west line from the northwest corner thereof, to a point on the east line of said Lot 51, distant 38.1 feet South measured along the east line of said Lot 51 from the northeast corner thereof, all in Fond du Lac (part of parcel number 010-1620-00285). new text end

new text begin (d) The interests of the state and the city of Duluth would best be served if the land was purchased for fair market value by the commissioner of transportation in satisfaction of a State of Minnesota General Obligation Bond Financed Declaration under Minnesota Statutes, section 16A.695, and returned to the Fond du Lac Band of the Lake Superior Chippewa, also known as the Fond du Lac Band of the Minnesota Chippewa Tribe, for the Mission Creek Cemetery. new text end

new text begin Subd. 2. new text end

new text begin Reconveyance. new text end

new text begin (a) Upon acquiring the land described in subdivision 1, the commissioner of transportation must convey the land according to this subdivision. Notwithstanding Minnesota Statutes, section 161.44, or any other law to the contrary, the commissioner of transportation must convey the land described in subdivision 1 for no consideration to the Fond du Lac Band of the Lake Superior Chippewa, also known as Fond du Lac Band of the Minnesota Chippewa Tribe, for the public purpose of the Mission Creek Cemetery. new text end

new text begin (b) The conveyance must be in accordance with the state standard conveyance form and may incorporate the use restrictions contained in Term 1, paragraphs (a) and (b), of the current vesting deed. new text end

Sec. 26.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 7

FARMED CERVIDAE

Section 1.

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

Subdivision 1.

Running at large prohibited.

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

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

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

new text begin (d) A hunter licensed by the commissioner of natural resources under chapter 97A may kill and possess escaped farmed Cervidae in a lawful manner and is not liable to the owner for the loss of the animal. If the animal has been outside of its enclosure less than 72 hours following notification of the commissioner of natural resources of its escape, the farmed Cervidae owner retains ownership of the animal. A licensed hunter who harvests escaped farmed Cervidae under this paragraph must notify the commissioner of natural resources within 24 hours. new text end

new text begin (e) Escaped farmed Cervidae killed by a hunter or destroyed by the commissioner of natural resources must be tested for chronic wasting disease. The hunter must provide the animal to the commissioner of natural resources for testing and the commissioner must ensure the animal is tested. new text end

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

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

Subd. 4.

Fencing.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

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

Subd. 10.

Mandatory registration.

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

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

new text begin (c) The board must not allow new registrations under this section for possessing white-tailed deer. This paragraph does not prohibit a person holding a valid registration under this subdivision from selling or transferring the person's registration to an immediate family member. A valid registration may be sold or transferred only once under this paragraph. Before the board approves a sale or transfer under this paragraph, the board must verify that the registration is in good standing and the eligible family member must pay a onetime transfer fee of $500 to the board. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

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

Subd. 11.

Mandatory surveillance for chronic wasting disease; depopulation.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 5.

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

new text begin Subd. 11a. new text end

new text begin Liability. new text end

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

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

Sec. 6.

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

Subd. 12.

Importation.

new text begin (a) new text end A person must not import new text begin live new text end Cervidae into the state from a deleted text begin herd that is infected or exposed to chronic wasting disease or from a known chronic wasting disease endemic area, as determined by the board. A person may import Cervidae into the state only from a herd that is not in a known chronic wasting disease endemic area, as determined by the board, and the herd has been subject to a state or provincial approved chronic wasting disease monitoring program for at least three yearsdeleted text end new text begin state or province where chronic wasting disease has been detected in the farmed or wild cervid population in the last five years unless the animal has tested not detected for chronic wasting disease with a validated live-animal testnew text end .

new text begin (b) Live Cervidae or Cervidae semen must originate from a herd that has been subject to a state-, federal-, or provincial-approved chronic wasting disease herd certification program and that has reached a status equivalent to the highest certification. new text end

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

new text begin (d) This subdivision does not apply to the interstate transfer of animals between two facilities accredited by the Association of Zoos and Aquariums. new text end

new text begin (e) Notwithstanding this subdivision, the commissioner of natural resources may issue a permit allowing the importation of orphaned wild cervid species that are not susceptible to chronic wasting disease from another state to an Association of Zoos and Aquariums accredited institution in Minnesota following a joint risk-based assessment conducted by the commissioner and the institution. new text end

Sec. 7.

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

new text begin Subd. 15. new text end

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

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

new text begin (b) The commissioner of natural resources must enter into an interagency agreement which establishes roles and responsibilities necessary to protect the health of Cervidae in Minnesota consistent with state regulations. new text end

Sec. 8.

Minnesota Statutes 2022, section 35.156, subdivision 2, is amended to read:

Subd. 2.

Federal fund account.

new text begin (a) new text end Money granted to the state by the federal government for purposes of chronic wasting disease must be credited to a separate account in the federal fund and is annually appropriated to the commissioner of agriculture for the purposes for which the federal grant was made according to section 17.03.

new text begin (b) By February 15 each year, the commissioner of agriculture, in consultation with the commissioner of natural resources and Board of Animal Health, must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over agriculture and the environment and natural resources on the receipt and expenditure of any federal money received for purposes of chronic wasting disease. new text end

Sec. 9.

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

new text begin Subd. 3. new text end

new text begin Consultation required. new text end

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

Sec. 10.

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

new text begin Subd. 4. new text end

new text begin Notice required. new text end

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

Sec. 11.

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

new text begin Subd. 5. new text end

new text begin Live-animal testing required. new text end

new text begin (a) Once the United States Department of Agriculture has determined that a noninvasive live-animal test capable of accurately detecting chronic wasting disease in white-tailed deer is available, the Board of Animal Health must have each farmed white-tailed deer possessed by a person registered under section 35.155 tested for chronic wasting disease using a noninvasive live-animal test offered by a public or private diagnostic laboratory. A validated live-animal test is required when moving farmed white-tailed deer six months old and over from any premises within the state within 12 weeks of movement. The Board of Animal Health may institute additional live-animal chronic wasting disease testing protocols. Live-animal testing results must be submitted to both the commissioner of natural resources and the Board of Animal Health in the form required by both agencies. new text end

new text begin (b) If a farmed white-tailed deer tests positive using a noninvasive live-animal test, the owner must have the animal destroyed and tested for chronic wasting disease using a postmortem test approved by the Board of Animal Health. new text end

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

Sec. 12.

new text begin TRANSFER OF DUTIES; FARMED WHITE-TAILED DEER. new text end

new text begin (a) Responsibility for administering and enforcing the statutes and rules listed in clauses (1) and (2) for farmed white-tailed deer are, except as provided in paragraph (c), transferred pursuant to Minnesota Statutes, section 15.039, from the Board of Animal Health to the commissioner of natural resources: new text end

new text begin (1) Minnesota Statutes, sections 35.153 to 35.156; and new text end

new text begin (2) Minnesota Rules, parts 1721.0370 to 1721.0420. new text end

new text begin (b) The Board of Animal Health retains responsibility for administering and enforcing the statutes and rules listed in paragraph (a), clauses (1) and (2), for all other farmed Cervidae. new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, the transfer of personnel will not take place. new text end

Sec. 13.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes must recodify the relevant sections in Minnesota Statutes, chapter 35, and Minnesota Rules, chapter 1721, as necessary to conform with section 12. The revisor must also change the responsible agency, remove obsolete language, and make necessary cross-reference changes consistent with section 12 and the renumbering. new text end

Sec. 14.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2022, section 35.155, subdivision 14, new text end new text begin is repealed. new text end

ARTICLE 8

ENVIRONMENTAL JUSTICE

Section 1.

Minnesota Statutes 2022, section 16A.151, subdivision 2, as amended by Laws 2023, chapter 25, section 3, is amended to read:

Subd. 2.

Exceptions.

(a) If a state official litigates or settles a matter on behalf of specific injured persons or entities, this section does not prohibit distribution of money to the specific injured persons or entities on whose behalf the litigation or settlement efforts were initiated. If money recovered on behalf of injured persons or entities cannot reasonably be distributed to those persons or entities because they cannot readily be located or identified or because the cost of distributing the money would outweigh the benefit to the persons or entities, the money must be paid into the general fund.

(b) Money recovered on behalf of a fund in the state treasury other than the general fund may be deposited in that fund.

(c) This section does not prohibit a state official from distributing money to a person or entity other than the state in litigation or potential litigation in which the state is a defendant or potential defendant.

(d) State agencies may accept funds as directed by a federal court for any restitution or monetary penalty under United States Code, title 18, section 3663(a)(3), or United States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue account and are appropriated to the commissioner of the agency for the purpose as directed by the federal court.

(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph (t), may be deposited as provided in section 16A.98, subdivision 12.

(f) Any money received by the state resulting from a settlement agreement or an assurance of discontinuance entered into by the attorney general of the state, or a court order in litigation brought by the attorney general of the state, on behalf of the state or a state agency, related to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids in this state or other alleged illegal actions that contributed to the excessive use of opioids, must be deposited in the settlement account established in the opiate epidemic response fund under section 256.043, subdivision 1. This paragraph does not apply to attorney fees and costs awarded to the state or the Attorney General's Office, to contract attorneys hired by the state or Attorney General's Office, or to other state agency attorneys.

(g) Notwithstanding paragraph (f), if money is received from a settlement agreement or an assurance of discontinuance entered into by the attorney general of the state or a court order in litigation brought by the attorney general of the state on behalf of the state or a state agency against a consulting firm working for an opioid manufacturer or opioid wholesale drug distributor, the commissioner shall deposit any money received into the settlement account established within the opiate epidemic response fund under section 256.042, subdivision 1. Notwithstanding section 256.043, subdivision 3a, paragraph (a), any amount deposited into the settlement account in accordance with this paragraph shall be appropriated to the commissioner of human services to award as grants as specified by the opiate epidemic response advisory council in accordance with section 256.043, subdivision 3a, paragraph (e).

new text begin (h) If the Minnesota Pollution Control Agency, through litigation or settlement of a matter that could have resulted in litigation, recovers $250,000 or more in a civil penalty from violations of a permit issued by the agency, then 40 percent of the money recovered must be distributed to the community health board, as defined in section 145A.02, where the permitted facility is located. Within 30 days of a final court order in the litigation or the effective date of the settlement agreement, the commissioner of the Minnesota Pollution Control Agency must notify the applicable community health board that the litigation has concluded or a settlement has been reached. The commissioner must collect the money and transfer it to the applicable community health board. The community health board must meet directly with the residents potentially affected by the pollution that was the subject of the litigation or settlement to identify the residents' concerns and incorporate those concerns into a project that benefits the residents. The project must be implemented by the community health board and funded as directed in this paragraph. The community health board may recover the reasonable costs it incurs to administer this paragraph from the funds transferred to the board under this paragraph. This paragraph directs the transfer and use of money only and does not create a right of intervention in the litigation or settlement of the enforcement action for any person or entity. A supplemental environmental project funded as part of a settlement agreement is not part of a civil penalty and must not be included in calculating the amount of funds required to be distributed to a community health board under this paragraph. For the purposes of this paragraph, "supplemental environmental project" means a project that benefits the environment or public health that a regulated facility agrees to undertake, though not legally required to do so, as part of a settlement with respect to an enforcement action taken by the Minnesota Pollution Control Agency to resolve noncompliance. new text end

new text begin (i) A community health board receiving a transfer of funds under paragraph (h) must, no later than one year after receiving the funds, submit a report to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over environment policy and natural resources that describes: new text end

new text begin (1) the process of community engagement employed to solicit community input regarding the use of the funds; new text end

new text begin (2) the purposes and activities for which the funds were used; and new text end

new text begin (3) an account of expenditures. new text end

new text begin (j) The commissioner of the Minnesota Pollution Control Agency must submit a report in September each even-numbered year, beginning in 2024, to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over environmental policy and natural resources that includes: new text end

new text begin (1) the amount transferred under paragraph (h) to each community health board during the previous two years; and new text end

new text begin (2) any agency services provided to the community health board or community residents during the duration of the project funded by the transfer, and the cost of those agency services, for consideration by the legislature for future appropriations that address reimbursement of the amount of the transfers and the cost of services provided by the agency. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to all litigation actions or settlements from which the Minnesota Pollution Control Agency recovers $250,000 or more on or after that date. new text end

Sec. 2.

new text begin [116.062] AIR TOXICS EMISSIONS REPORTING. new text end

new text begin (a) This section applies to facilities that are subject to paragraph (b) and are located in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington. new text end

new text begin (b) The commissioner must require owners and operators of a facility issued an air quality permit by the agency, except a facility issued an Option B registration permit under Minnesota Rules, part 7007.1120, to annually report the facility's air toxics emissions to the agency, including a facility not required as a condition of its air quality permit to keep records of air toxics emissions. The commissioner must determine the method to be used by a facility to directly measure or estimate air toxics emissions. The commissioner must amend permits and complete rulemaking, and may enter into enforceable agreements with facility owners and operators, in order to make the reporting requirements under this section enforceable. new text end

new text begin (c) For the purposes of this section, "air toxics" means chemical compounds or compound classes that are emitted into the air by a permitted facility and that are: new text end

new text begin (1) hazardous air pollutants listed under the federal Clean Air Act, United States Code, title 42, section 7412, as amended; new text end

new text begin (2) chemicals reported as released into the atmosphere by a facility located in the state for the Toxic Release Inventory under the federal Emergency Planning and Community Right-to-Know Act, United States Code, title 42, section 11023, as amended; new text end

new text begin (3) chemicals for which the Department of Health has developed health-based values or risk assessment advice; new text end

new text begin (4) chemicals for which the risk to human health has been assessed by either the federal Environmental Protection Agency's Integrated Risk Information System; or new text end

new text begin (5) chemicals reported by facilities in the agency's most recent triennial emissions inventory. 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. 3.

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

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

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

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

new text begin (1) the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies; and new text end

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

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

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

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

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

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

new text begin (2) located within Indian Country. new text end

new text begin (f) "Environmental stressors" means factors that may make residents of an environmental justice area susceptible to harm from exposure to pollutants. Environmental stressors include: new text end

new text begin (1) environmental effects on health from exposure to past and current pollutants in the environmental justice area, including any biomonitoring data from residents reported through the Centers for Disease Control, the Department of Health, or peer-reviewed scientific or medical articles; and new text end

new text begin (2) social and environmental factors, including but not limited to poverty, substandard housing, food insecurity, elevated rates of disease, and poor access to health insurance and medical care. new text end

new text begin (g) "Indian Country" has the meaning given in United States Code, title 18, section 1151. new text end

new text begin (h) "Permit" means a major source air permit, as defined in Minnesota Rules, part 7007.0200, or a state air permit required under Minnesota Rules, part 7007.0250, subpart 5 or 6. Permit includes a permit required for new construction or facility expansion or the reissuance of an existing permit. new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin (a) This section applies to an application for a permit by a facility that: new text end

new text begin (1) is located in or within one mile of a census tract that is part of an environmental justice area; and new text end

new text begin (2) is located: new text end

new text begin (i) in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington; or new text end

new text begin (ii) in a city of the first class. new text end

new text begin (b) The commissioner must enter into consultation, consistent with section 10.65, regarding the application of this section to permit applications located in Indian Country. After consultation, the Tribal government with jurisdiction over the applicable environmental justice area may elect that the facility seeking the permit action be subject to this section and must so notify the commissioner in writing. new text end

new text begin Subd. 3. new text end

new text begin Cumulative impacts analysis; determination of need. new text end

new text begin (a) The commissioner is responsible for determining: new text end

new text begin (1) whether a proposed permit action may substantially impact the environment or health of the residents of an environmental justice area; and new text end

new text begin (2) whether a cumulative impacts analysis is required. new text end

new text begin (b) A permit application must include: new text end

new text begin (1) the applicant's determination of whether the permit action sought is likely to impact the environment or the health of residents of an environmental justice area; new text end

new text begin (2) the data used by the applicant to make the determination; and new text end

new text begin (3) information and data necessary for the commissioner to determine whether the potential impact of issuing the permit exceeds any benchmarks adopted in rules required under subdivision 6 for requiring a cumulative analysis. new text end

new text begin (c) In making a determination whether a cumulative impacts analysis is required, the commissioner must: new text end

new text begin (1) review the permit application and the applicant's assessment of the need to conduct a cumulative analysis; new text end

new text begin (2) assess whether the proposed permit exceeds any of the benchmarks for conducting a cumulative impacts analysis established in rules adopted under subdivision 6; and new text end

new text begin (3) review any other information the commissioner deems relevant, including material evidence accompanying a petition submitted under paragraph (e). new text end

new text begin (d) The commissioner must require an applicant to conduct a cumulative impacts analysis if: new text end

new text begin (1) the potential impacts of the permit issuance exceed any of the benchmarks for conducting a cumulative impacts analysis established in rules adopted under subdivision 6; or new text end

new text begin (2) the commissioner determines that issuance of the permit may substantially impact the environment or health of the residents of an environmental justice area. new text end

new text begin (e) The commissioner may require the permit applicant or permit holder to conduct a cumulative impacts analysis if: new text end

new text begin (1) the facility is below all the benchmarks established for conducting a cumulative impacts analysis and the commissioner determines that a cumulative impacts analysis is necessary and supported by material evidence; or new text end

new text begin (2) a petition requesting that a cumulative analysis be conducted is signed by at least 100 individuals who reside or own property in the environmental justice area impacted by the facility and is supported by material evidence that demonstrates a potential adverse cumulative impact to the impacted environmental justice area if the permit is issued. new text end

new text begin (f) The commissioner must prepare a written document containing the reasons for the commissioner's decision regarding the need for a cumulative impacts analysis. The document must describe the information that was considered in making the decision and how the information was weighed. The commissioner must post the document on the agency website within 30 days of the determination. new text end

new text begin Subd. 4. new text end

new text begin Public meeting requirements. new text end

new text begin (a) A permit applicant or permit holder required to conduct a cumulative impacts analysis under this section must hold at least two public meetings in the environmental justice area impacted by the facility before the commissioner issues or denies a permit. The first public meeting must be held before conducting a cumulative impacts analysis, and the second must be held after conducting the analysis. new text end

new text begin (b) Before any public meeting held under this subdivision, the permit applicant or permit holder must: new text end

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

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

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

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

new text begin (d) At any public meeting held under this subdivision, the permit applicant or permit holder must: new text end

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

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

new text begin (e) After a public meeting held under this subdivision, the permit applicant or permit holder must provide an electronic copy of all written comments and a transcript of all oral comments to the agency within 30 days of the meeting. new text end

new text begin (f) If the permit applicant or permit holder is applying for more than one permit that may affect the same environmental justice area, the permit applicant or permit holder may request that the commissioner consolidate the public meeting requirements under this subdivision, requiring the facility to hold two public meetings that address all of the permits sought. The commissioner may approve or deny the request. new text end

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

new text begin Subd. 5. new text end

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

new text begin (a) In determining whether to issue or deny a permit under this section, the commissioner must consider the cumulative impacts analysis conducted, the testimony presented, and comments submitted in public meetings held under subdivision 4. The permit may be issued no earlier than 30 days following the last public meeting held under subdivision 4. new text end

new text begin (b) Unless the commissioner enters into a community benefit agreement with the facility owner or operator, the commissioner must deny a permit subject to this section for a facility in an environmental justice area if the cumulative impacts analysis determines that issuing the permit, in combination with the environmental stressors present in the environmental justice area and considering the socioeconomic impact of the facility to the residents of the environmental justice area, would have a substantial adverse impact on the environment or health of the environmental justice area and its residents. new text end

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

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

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

new text begin (f) The agency must maintain an updated database of identified environmental stressors in specific census tracts and make this database accessible to the public. new text end

new text begin Subd. 6. new text end

new text begin Rulemaking. new text end

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

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

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

new text begin (1) establish benchmarks to assist the commissioner's determination regarding the need for a cumulative impacts analysis; new text end

new text begin (2) establish the required content of a cumulative impacts analysis and must provide sources of public information that an applicant can access regarding environmental stressors that are present in an environmental justice area; new text end

new text begin (3) define conditions, criteria, or circumstances that establish an environmental or health impact as a substantial adverse impact; new text end

new text begin (4) establish the content of a community benefit agreement and procedures for entering into community benefit agreements, which must include: new text end

new text begin (i) active outreach to residents of the impacted environmental justice area designed to achieve significant community participation; new text end

new text begin (ii) considerations other than or in addition to economic considerations, but with priority given to considerations that directly impact the residents of the environmental justice area; and new text end

new text begin (iii) at least one public meeting held within the impacted environmental justice area; new text end

new text begin (5) establish a petition process and form to be submitted to the agency by environmental justice area residents to support the need for a cumulative impact analysis; new text end

new text begin (6) establish a process by which a Tribal government can elect to apply this section to a permit application, as provided under subdivision 2; and new text end

new text begin (7) establish methods for holding public meetings and handling public comments as required under subdivision 4. new text end

new text begin (d) The agency must provide translation services and translated materials upon request during rulemaking meetings. new text end

new text begin (e) The agency must provide public notice on the agency website at least 30 days before public meetings held on the rulemaking. The notice must include the date, time, and location of the meeting. The agency must use multiple communication methods to inform residents of environmental justice areas in the public meetings held for the rulemaking. new text end

new text begin Subd. 7. new text end

new text begin Compliance costs. new text end

new text begin A permit applicant is responsible for the cost of complying with this section. The reasonable costs of the agency to comply with this section are to be borne by permit applicants subject to this section, as required under section 116.07, subdivision 4d, paragraph (b). new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to read:

new text begin Subd. 4m. new text end

new text begin Public informational meetings. new text end

new text begin (a) The commissioner may require, as part of a state individual air quality permit issued in response to an enforcement action that required the payment of a civil penalty, that the owner or operator hold in-person meetings with residents of the community where the facility is located to share information about the facility's operations and environmental releases and to discuss community concerns. new text end

new text begin (b) For the purposes of this subdivision, "state individual air quality permit" means an air quality permit that: new text end

new text begin (1) is issued to an individual facility that is required to obtain a permit under Minnesota Rules, part 7007.0250, subparts 2 to 6; and new text end

new text begin (2) is not a general permit issued under Minnesota Rules, part 7007.1100. 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. 5.

new text begin AIR TOXICS EMISSIONS; RULEMAKING. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "agency" means the Minnesota Pollution Control Agency; new text end

new text begin (2) "air toxics" has the meaning given in Minnesota Statutes, section 116.062; new text end

new text begin (3) "commissioner" means the commissioner of the Minnesota Pollution Control Agency; new text end

new text begin (4) "continuous emission monitoring system" has the meaning given in Minnesota Rules, part 7017.1002, subpart 4; new text end

new text begin (5) "environmental justice area" means one or more census tracts in Minnesota: new text end

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

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

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

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

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

new text begin (6) "performance test" has the meaning given in Minnesota Rules, part 7017.2005, subpart 4; and new text end

new text begin (7) "volatile organic compound" has the meaning given in Minnesota Rules, part 7005.0100, subpart 45. new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section applies to facilities that emit air toxics and are located in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington. new text end

new text begin Subd. 3. new text end

new text begin Rulemaking required. new text end

new text begin The commissioner shall adopt rules under Minnesota Statutes, chapter 14, to implement and govern regulation of facilities that emit air toxics. Notwithstanding Minnesota Statutes, section 14.125, the agency must publish notice of intent to adopt rules within 36 months of the effective date of this act, or the authority for the rules expires. new text end

new text begin Subd. 4. new text end

new text begin Content of rules. new text end

new text begin (a) The rules required under subdivision 3 must address, at a minimum: new text end

new text begin (1) specific air toxics to be regulated, including, at a minimum, those defined in subdivision 1; new text end

new text begin (2) types of facilities to be regulated, including, at a minimum, facilities that have been issued an air quality permit by the commissioner, other than an Option B registration permit under Minnesota Rules, part 7007.1120, and that: new text end

new text begin (i) emit air toxics, whether the emissions are limited in a permit or not; or new text end

new text begin (ii) purchase or use material containing volatile organic compounds; new text end

new text begin (3) performance tests conducted by facilities to measure the volume of air toxics emissions and testing methods, procedures, protocols, and frequency; new text end

new text begin (4) required monitoring of air emissions, including using continuous emission monitoring systems for certain facilities, and monitoring of production inputs or other production parameters; new text end

new text begin (5) requirements for reporting information to the agency to assist the agency in determining the amount of the facility's air toxics emissions and the facility's compliance with emission limits in the facility's permit; new text end

new text begin (6) record keeping related to air toxics emissions; and new text end

new text begin (7) frequency of facility inspections and inspection activities that provide information about air toxics emissions. new text end

new text begin (b) In developing the rules, the commissioner must establish testing, monitoring, reporting, record-keeping, and inspection requirements for facilities that reflect: new text end

new text begin (1) the different risks to human health and the environment posed by the specific air toxics and amounts emitted by a facility, such that facilities posing greater risks are required to provide more frequent evidence of permit compliance, including but not limited to performance tests, agency inspections, and reporting; new text end

new text begin (2) the facility's record of compliance with air toxics emission limits and other permit conditions; and new text end

new text begin (3) any exposure of residents of an environmental justice area to the facility's air toxics emissions. new text end

new text begin Subd. 5. new text end

new text begin Modifying permits. new text end

new text begin Within three years after adopting the rules required in subdivision 3, the commissioner must amend existing air quality permits, including but not limited to federal permits, individual state total facility permits, and capped emission permits, as necessary to conform with the rules. new text end

new text begin Subd. 6. new text end

new text begin Rulemaking cost. new text end

new text begin The commissioner must collect the agency's costs to develop the rulemaking required under this section and to conduct regulatory activities, including but not limited to monitoring, inspection, and data collection and maintenance, required as a result of the rulemaking through the annual fee paid by owners or operators of facilities required to obtain air quality permits from the agency, as required under Minnesota Statutes, section 116.07, subdivision 4d, paragraph (b). 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. 6.

new text begin COMMUNITY AIR-MONITORING SYSTEMS; PILOT GRANT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

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

new text begin (d) "Community air-monitoring system" means a system of devices monitoring ambient air quality at many locations within a small geographic area that is subject to air pollution from a variety of stationary and mobile sources in order to obtain frequent measurements of pollution levels, to detect differences in exposure to pollution over distances no larger than a city block, and to identify areas where pollution levels are inordinately elevated. new text end

new text begin (e) "Nonprofit organization" means an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code. new text end

new text begin Subd. 2. new text end

new text begin Establishing program. new text end

new text begin A pilot grant program for community air-monitoring systems is established in the agency to measure air pollution levels at many locations within a community. new text end

new text begin Subd. 3. new text end

new text begin Eligible applicants. new text end

new text begin Grants under this section may be awarded to applicants: new text end

new text begin (1) consisting of a partnership between a nonprofit organization located in or working with residents located in the area in which the community air-monitoring system is to be deployed and an entity that has experience deploying, operating, and interpreting data from air-monitoring systems; and new text end

new text begin (2) located in the seven-county metropolitan area. new text end

new text begin Subd. 4. new text end

new text begin Eligible projects. new text end

new text begin Grants may be awarded under this section to applicants whose proposals: new text end

new text begin (1) use a variety of air-monitoring technologies approved for use by the commissioner, including but not limited to stationary monitors, sensor-based handheld devices, and mobile devices that can be attached to vehicles or drones to measure air pollution levels; new text end

new text begin (2) obtain data at fixed locations and from handheld monitoring devices that are carried by residents of the community on designated walking routes in the targeted community and that can provide high-frequency measurements; new text end

new text begin (3) use the monitoring data to generate maps of pollution levels throughout the monitored area; and new text end

new text begin (4) provide monitoring data to the agency to help inform: new text end

new text begin (i) agency decisions, including placement of the agency's stationary air monitors and the development of programs to reduce air emissions; and new text end

new text begin (ii) decisions by other governmental bodies regarding transportation or land use planning. new text end

new text begin Subd. 5. new text end

new text begin Eligible expenditures. new text end

new text begin Grants may be used only for: new text end

new text begin (1) planning the configuration and deployment of the community air-monitoring system; new text end

new text begin (2) purchasing and installing air-monitoring devices as part of the community air-monitoring system; new text end

new text begin (3) training and paying persons to operate stationary, handheld, and mobile devices to measure air pollution; new text end

new text begin (4) developing data and mapping systems to analyze, organize, and present the air-monitoring data collected; and new text end

new text begin (5) writing a final report on the project, as required under subdivision 9. new text end

new text begin Subd. 6. new text end

new text begin Application and grant award process. new text end

new text begin An eligible applicant must submit an application to the commissioner on a form prescribed by the commissioner. The commissioner must develop administrative procedures governing the application and grant award process. The commissioner must act as fiscal agent for the grant program and is responsible for receiving and reviewing grant applications and awarding grants under this section. new text end

new text begin Subd. 7. new text end

new text begin Grant awards; priorities. new text end

new text begin In awarding grants under this section, the commissioner must give priority to proposed projects that: new text end

new text begin (1) take place: new text end

new text begin (i) in areas with high rates of illness associated with exposure to air pollution, including asthma, chronic obstructive pulmonary disease, heart disease, chronic bronchitis, and cancer; new text end

new text begin (ii) in or within one mile of a census tract where a facility with a state individual air permit has undergone an enforcement action that required the payment of a civil penalty in the previous two years; or new text end

new text begin (iii) in an environmental justice area as defined in Minnesota Statutes, section 116.065; new text end

new text begin (2) promote public access to and transparency of air-monitoring data developed through the project; and new text end

new text begin (3) conduct outreach activities to promote community awareness of and engagement with the project. new text end

new text begin Subd. 8. new text end

new text begin Report to agency. new text end

new text begin No later than 90 days after a project ends, a grantee must submit a written report to the commissioner describing the project's findings and results and any recommendations for agency actions, programs, or activities to reduce levels of air pollution measured by the community air-monitoring system. The grantee must also submit to the commissioner all air-monitoring data developed by the project. new text end

new text begin Subd. 9. new text end

new text begin Report to legislature. new text end

new text begin No later than March 15, 2025, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over environment policy and finance on the results of the grant program, including: new text end

new text begin (1) any changes in the agency's air-monitoring network that will occur as a result of data developed under the program; new text end

new text begin (2) any actions the agency has taken or proposes to take to reduce levels of pollution that impact the areas that received grants under the program; and new text end

new text begin (3) any recommendations for legislation, including whether the program should be extended or expanded. new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 9

ENVIRONMENT AND NATURAL RESOURCES MISCELLANEOUS PROVISIONS

Section 1.

Minnesota Statutes 2022, section 18B.01, subdivision 31, is amended to read:

Subd. 31.

Unreasonable adverse effects on the environment.

"Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticidenew text begin or seed treated with pesticidenew text end .

Sec. 2.

new text begin [18B.075] PESTICIDE-TREATED SEED. new text end

new text begin A person may not use, store, handle, distribute, or dispose of seed treated with pesticide in a manner that: new text end

new text begin (1) endangers humans, food, livestock, fish, or wildlife; or new text end

new text begin (2) will cause unreasonable adverse effects on the environment. new text end

Sec. 3.

Minnesota Statutes 2022, section 18B.09, subdivision 2, is amended to read:

Subd. 2.

Authority.

new text begin (a) new text end Statutory and home rule charter cities may enact an ordinancenew text begin , which may include penalty and enforcement provisions,new text end containing the pesticide application warning information contained in subdivision 3deleted text begin , including their own licensing, penalty, and enforcement provisionsdeleted text end . deleted text begin Statutory and home rule charter cities may not enact an ordinance that contains more restrictive pesticide application warning information than is contained in subdivision 3.deleted text end new text begin An ordinance may not be adopted that is more restrictive than the ordinance authorized by subdivision 3.new text end

new text begin (b) Cities of the first class may enact an ordinance, which may include penalty and enforcement provisions, containing the pesticide prohibition contained in subdivision 4. An ordinance may not be adopted that is more restrictive than the ordinance authorized by subdivision 4. new text end

Sec. 4.

Minnesota Statutes 2022, section 18B.09, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Application of certain pesticides prohibited. new text end

new text begin (a) A person may not apply or use a pollinator-lethal pesticide within the geographic boundaries of a city that has enacted an ordinance under subdivision 2 prohibiting such use. new text end

new text begin (b) For purposes of this subdivision, "pollinator-lethal pesticide" means a pesticide that has a pollinator protection box on the label or labeling or a pollinator, bee, or honey bee precautionary statement in the environmental hazards section of the label or labeling. new text end

new text begin (c) This subdivision does not apply to: new text end

new text begin (1) pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal; new text end

new text begin (2) personal care products used to mitigate lice and bedbugs; new text end

new text begin (3) indoor pest control products used to mitigate insects indoors, including ant bait; new text end

new text begin (4) pesticides as used or applied by the Metropolitan Mosquito Control District for public health protection if the pesticide includes vector species on the label; new text end

new text begin (5) wood preservative pesticides used either within a sealed steel cylinder or inside an enclosed building at a secure facility by trained technicians and pesticide-treated wood products; new text end

new text begin (6) pesticides used or applied to control or eradicate a noxious weed designated by the commissioner under section 18.79, subdivision 13; and new text end

new text begin (7) pesticides used or applied on land used for agricultural production and located in an area zoned for agricultural use. new text end

new text begin (d) The commissioner must maintain a list of pollinator-lethal pesticides on the department's website. new text end

new text begin (e) The commissioner must consult with federal regulatory authorities to ensure this section and ordinances adopted under subdivision 2, paragraph (b), comply with federal law. A city of the first class must consult with the commissioner before adopting an ordinance under subdivision 2, paragraph (b), to ensure that the proposed ordinance complies with state law. new text end

Sec. 5.

Minnesota Statutes 2022, section 21.86, subdivision 2, is amended to read:

Subd. 2.

Miscellaneous violations.

No person may:

(a) detach, alter, deface, or destroy any label required in sections 21.82 and 21.83, alter or substitute seed in a manner that may defeat the purposes of sections 21.82 and 21.83, or alter or falsify any seed tests, laboratory reports, records, or other documents to create a misleading impression as to kind, variety, history, quality, or origin of the seed;

(b) hinder or obstruct in any way any authorized person in the performance of duties under sections 21.80 to 21.92;

(c) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of any lot of seed held under a stop sale order or attached tags, except with express permission of the enforcing officer for the purpose specified;

(d) use the word "type" in any labeling in connection with the name of any agricultural seed variety;

(e) use the word "trace" as a substitute for any statement which is required;

(f) plant any agricultural seed which the person knows contains weed seeds or noxious weed seeds in excess of the limits for that seed; deleted text begin ordeleted text end

(g) advertise or sell seed containing patented, protected, or proprietary varieties used without permission of the patent or certificate holder of the intellectual property associated with the variety of seednew text begin ; ornew text end

new text begin (h) use or sell as food, feed, oil, or ethanol feedstock any seed treated with neonicotinoid pesticidenew text end .

Sec. 6.

new text begin [21.915] PESTICIDE-TREATED SEED USE AND DISPOSAL; CONSUMER GUIDANCE REQUIRED. new text end

new text begin (a) The commissioner, in consultation with the commissioner of the Pollution Control Agency, must develop and maintain consumer guidance regarding the proper use and disposal of seed treated with pesticide. new text end

new text begin (b) A person selling seed treated with pesticide at retail must post in a conspicuous location the guidance developed by the commissioner under paragraph (a). new text end

Sec. 7.

Minnesota Statutes 2022, section 85A.01, subdivision 1, is amended to read:

Subdivision 1.

Creation.

(a) The Minnesota Zoological Garden is established under the supervision and control of the Minnesota Zoological Board. The board consists of 30 public and private sector members having a background or interest in zoological societies or zoo management or an ability to generate community interest in the Minnesota Zoological Garden. Fifteen members shall be appointed by the board after consideration of a list supplied by board members serving on a nominating committee, and 15 members shall be appointed by the governor. One member of the board must be a resident of Dakota County and shall be appointed by the governor after consideration of the recommendation of the Dakota County Board. Board appointees shall not be subject to the advice and consent of the senate.

(b) To the extent possible, the board and governor shall appoint members who are residents of the various geographic regions of the state. Terms, compensation, and removal of members are as provided in section 15.0575new text begin , except that a member may be compensated at the rate of up to $125 a daynew text end . In making appointments, the governor and board shall utilize the appointment process as provided under section 15.0597 and consider, among other factors, the ability of members to garner support for the Minnesota Zoological Garden.

(c) A member of the board may not be an employee of or have a direct or immediate family financial interest in a business that provides goods or services to the zoo. A member of the board may not be an employee of the zoo.

Sec. 8.

Minnesota Statutes 2022, section 216B.2424, subdivision 5c, is amended to read:

Subd. 5c.

New power purchase agreement.

(a) No later than August 1, 2021, a public utility subject to subdivision 5 and the cogeneration facility may file a proposal with the commission to enter into a power purchase agreement that governs the public utility's purchase of electricity generated by the cogeneration facility. The power purchase agreement may extend no later than December 31, 2024, and must not be extended beyond that date except as provided in paragraph (f).

(b) The commission is prohibited from approving a new power purchase agreement filed under this subdivision that does not meet all of the following conditions:

(1) the cogeneration facility agrees that any waste wood from ash trees removed from Minnesota counties that have been designated as quarantined areas in Section IV of the Minnesota State Formal Quarantine for Emerald Ash Borer, issued by the commissioner of agriculture under section 18G.06, effective November 14, 2019, as amended, for utilization as biomass fuel by the cogeneration facility must be accompanied by evidence:

(i) demonstrating that the transport of biomass fuel from processed waste wood from ash trees to the cogeneration facility complies with the department's regulatory requirements under the Minnesota State Formal Quarantine for Emerald Ash Borer, which may consist of:

(A) a certificate authorized or prepared by the commissioner of agriculture or an employee of the Animal and Plant Health Inspection Service of the United States Department of Agriculture verifying compliance; or

(B) shipping documents demonstrating compliance; or

(ii) certifying that the waste wood from ash trees has been chipped to one inch or less in two dimensions, and was chipped within the county from which the ash trees were originally removed;

(2) the price per megawatt hour of electricity paid by the public utility demonstrates significant savings compared to the existing power purchase agreement, with a price that does not exceed $98 per megawatt hour;

(3) the proposal includes a proposal to the commission for one or more electrification projects that result in the St. Paul district heating and cooling system being powered by electricity generated from renewable energy technologies. The plan must evaluate electrification at three or more levels from ten to 100 percent, including 100 percent of the energy used by the St. Paul district heating and cooling system to be implemented by December 31, 2027. The proposal may also evaluate alternative dates for implementation. For each level of electrification analyzed, the proposal must contain:

(i) a description of the alternative electrification technologies evaluated and whose implementation is proposed as part of the electrification project;

(ii) an estimate of the cost of the electrification project to the public utility, the impact on the monthly energy bills of the public utility's Minnesota customers, and the impact on the monthly energy bills of St. Paul district heating and cooling system customers;

(iii) an estimate of the reduction in greenhouse gas emissions resulting from the electrification project, including greenhouse gas emissions associated with the transportation of waste wood;

(iv) estimated impacts on the operations of the St. Paul district heating and cooling system; and

(v) a timeline for the electrification project; and

(4) the power purchase agreement provides a net benefit to the utility customers or the state.

(c) The commission may approve, or approve as modified, a proposed electrification project that meets the requirements of this subdivision if it finds the electrification project is in the public interest, or the commission may reject the project if it finds that the project is not in the public interest. When determining whether an electrification project is in the public interest, the commission may consider the effects of the electrification project on air emissions from the St. Paul district heating and cooling system and how the emissions impact the environment and residents of affected neighborhoods.

(d) During the agreement period, the cogeneration facility must attempt to obtain funding to reduce the cost of generating electricity and enable the facility to continue to operate beyond the agreement period to address the removal of ash trees, as described in paragraph (b), clause (1)deleted text begin , without any subsidy or contribution from any power purchase agreement after December 31, 2024deleted text end . The cogeneration facility must submit periodic reports to the commission regarding the efforts made under this paragraph.

(e) Upon approval of the new power purchase agreement, the commission must require periodic reporting regarding progress toward development of a proposal for an electrification project.

(f) Except as provided in paragraph (a), the commission is deleted text begin prohibited from approvingdeleted text end new text begin allowed to approvenew text end a power purchase agreement after the agreement period deleted text begin unless it approvesdeleted text end new text begin without approvingnew text end an electrification project. Nothing in this section shall require any utility to enter into a power purchase agreement with the cogeneration facility after December 31, 2024.

(g) Upon approval of an electrification project, the commission must require periodic reporting regarding the progress toward implementation of the electrification project.

(h) If the commission approves the proposal submitted under paragraph (b), clause (3), the commission may allow the public utility to recover prudently incurred costs net of revenues resulting from the electrification project through an automatic cost recovery mechanism that allows for cost recovery outside of a general rate case. The cost recovery mechanism approved by the commission must:

(1) allow a reasonable return on the capital invested in the electrification project by the public utility, as determined by the commission; and

(2) recover costs only from the public utility's Minnesota electric service customers.

Sec. 9.

Minnesota Statutes 2022, section 373.475, is amended to read:

373.475 COUNTY ENVIRONMENTAL TRUST FUND.

new text begin (a) new text end Notwithstanding the provisions of chapter 282 and any other law relating to the apportionment of proceeds from the sale of tax-forfeited land, and except as otherwise provided in this section, a county board must deposit the money received from the sale of land under Laws 1998, chapter 389, article 16, section 31, subdivision 3, into an environmental trust fund established by the county under this section. The principal from the sale of the land may not be expended, and the county board may spend interest earned on the principal only for purposes related to the improvement of natural resources. To the extent money received from the sale is attributable to tax-forfeited land from another county, the money must be deposited in an environmental trust fund established under this section by that county board.

new text begin (b) Notwithstanding paragraph (a), St. Louis County may use up to 50 percent of the principal in an environmental trust fund established under this section in calendar years 2023, 2024, and 2025 and up to ten percent annually thereafter for renewable and climate change related economic development and environmental projects in the county that protect the environment or create clean-economy jobs and manufacturing. The county must leave a minimum of $10,000,000 as principal in the account. For purposes of this paragraph, economic development projects mean solar incentives and projects to protect Lake Superior and other waters in the Great Lakes watershed from PFAS contamination from landfills. Notwithstanding section 10.49, the environmental trust fund established under this section must be named the Mary C. Murphy Trust Fund. new text end

Sec. 10.

new text begin [473.5491] METROPOLITAN CITIES INFLOW AND INFILTRATION GRANTS. 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) "Affordability criteria" means an inflow and infiltration project service area that is located, in whole or in part, in a census tract where at least three of the following apply as determined using the most recently published data from the United States Census Bureau or United States Centers for Disease Control and Prevention: new text end

new text begin (1) 20 percent or more of the residents have income below the federal poverty thresholds; new text end

new text begin (2) the tract has a United States Centers for Disease Control and Prevention Social Vulnerability Index greater than 0.80; new text end

new text begin (3) the upper limit of the lowest quintile of household income is less than the state upper limit of the lowest quintile; new text end

new text begin (4) the housing vacancy rate is greater than the state average; or new text end

new text begin (5) the percent of the population receiving Supplemental Nutrition Assistance Program (SNAP) benefits is greater than the state average. new text end

new text begin (c) "City" means a statutory or home rule charter city located within the metropolitan area. new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin (a) The council shall make grants to cities for capital improvements in municipal wastewater collection systems to reduce the amount of inflow and infiltration to the council's metropolitan sanitary sewer disposal system. new text end

new text begin (b) A grant under this section may be made in an amount up to 50 percent of the cost to mitigate inflow and infiltration in the publicly owned municipal wastewater collection system. The council may award a grant up to 100 percent of the cost to mitigate inflow and infiltration in the publicly owned municipal wastewater collection system if the project meets affordability criteria. new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin To be eligible for a grant under this section, a city must be identified by the council as a contributor of excessive inflow and infiltration in the metropolitan disposal system or have a measured flow rate within 20 percent of its allowable council-determined inflow and infiltration limits. new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin The council must award grants based on applications from cities that identify eligible capital costs and include a timeline for inflow and infiltration mitigation construction, pursuant to guidelines established by the council. The council must prioritize applications that meet affordability criteria. new text end

new text begin Subd. 5. new text end

new text begin Cancellation. new text end

new text begin If a grant is awarded to a city and funds are not encumbered for the grant within four years after the award date, the grant must be canceled. new text end

Sec. 11.

new text begin [473.5492] COMMUNITY WASTEWATER COSTS; ANNUAL REPORT. new text end

new text begin By February 15 each year, the council must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over capital investment and environment and natural resources that provides a summary of the average monthly wastewater costs for communities in the metropolitan area for the previous calendar year. new text end

Sec. 12.

new text begin 50-YEAR CLEAN WATER PLAN SCOPE OF WORK. new text end

new text begin (a) The Board of Regents of the University of Minnesota, through the University of Minnesota Water Council, is requested to develop a scope of work, timeline, and budget for a plan to promote and protect clean water in Minnesota for the next 50 years. The 50-year clean water plan must: new text end

new text begin (1) provide a literature-based assessment of the current status and trends regarding the quality and quantity of all Minnesota waters, both surface and subsurface; new text end

new text begin (2) identify gaps in the data or understanding and provide recommended action steps to address gaps; new text end

new text begin (3) identify existing and potential future threats to Minnesota's waters; and new text end

new text begin (4) propose a road map of scenarios and policy recommendations to allow the state to proactively protect, remediate, and conserve clean water for human use and biodiversity for the next 50 years. new text end

new text begin (b) The scope of work must outline the steps and resources necessary to develop the plan, including but not limited to: new text end

new text begin (1) the data sets that are required and how the University of Minnesota will obtain access; new text end

new text begin (2) the suite of proposed analysis methods; new text end

new text begin (3) the roles and responsibilities of project leaders, key personnel, and stakeholders; new text end

new text begin (4) the project timeline with milestones; and new text end

new text begin (5) a budget with expected costs for tasks and milestones. new text end

new text begin (c) By December 1, 2023, the Board of Regents of the University of Minnesota is requested to submit the scope of work to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources. new text end

ARTICLE 10

CLIMATE AND ENERGY FINANCE

Section 1.

new text begin APPROPRIATIONS.new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium" is fiscal years 2024 and 2025. If an appropriation in this article is enacted more than once in the 2023 legislative session, the appropriation must be given effect only once. new text end

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2024 new text end new text begin 2025 new text end

Sec. 2.

new text begin DEPARTMENT OF COMMERCE 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 97,159,000 new text end new text begin $ new text end new text begin 28,714,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 96,083,000 new text end new text begin 27,617,000 new text end
new text begin Petroleum Tank new text end new text begin 1,076,000 new text end new text begin 1,097,000 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 Energy Resources new text end

new text begin 96,083,000 new text end new text begin 27,617,000 new text end

new text begin (a) $5,861,000 the first year and $6,038,000 the second year are to the division of energy resources for operating expenses. new text end

new text begin (b) $150,000 the first year and $150,000 the second year are to remediate vermiculite insulation from households that are eligible for weatherization assistance under Minnesota's weatherization assistance program state plan under Minnesota Statutes, section 216C.264. Remediation must be done in conjunction with federal weatherization assistance program services. new text end

new text begin (c) $1,138,000 in the first year is transferred from the general fund to the solar for schools program account under Minnesota Statutes, section 216C.375, to provide financial assistance to schools that are state colleges and universities to purchase and install solar energy generating systems. This appropriation must be expended on schools located outside the electric service territory of the public utility that is subject to Minnesota Statutes, section 116C.779. Money under this paragraph is available until June 30, 2034. Any money remaining on June 30, 2034, cancels to the general fund. new text end

new text begin (d) $189,000 each year is for activities associated with a utility's implementation of a natural gas innovation plan under Minnesota Statutes, section 216B.2427. new text end

new text begin (e) $15,000,000 in the first year is transferred from the general fund to the solar for schools program account in the special revenue fund for grants under the solar for schools program established under Minnesota Statutes, section 216C.375. The money under this paragraph must be expended on schools located outside the electric service territory of the public utility that is subject to Minnesota Statutes, section 116C.779. new text end

new text begin (f) $500,000 each year is for the strengthen Minnesota homes program under Minnesota Statutes, section 65A.299, subdivision 4. Money under this paragraph is transferred from the general fund to strengthen Minnesota homes account in the special revenue fund. This is a onetime appropriation. new text end

new text begin (g) $20,000,000 the first year and $18,737,000 the second year are for weatherization and preweatherization work to serve additional households and allow for services that would otherwise be denied due to current federal limitations related to the federal weatherization assistance program. Money under this paragraph is transferred from the general fund to the preweatherization account in the special revenue fund under Minnesota Statutes, section 216C.264, subdivision 1c. The base in fiscal years 2026 and later is $3,199,000. new text end

new text begin (h) $15,000,000 the first year is for a grant to an investor-owned electric utility that has at least 50,000 retail electric customers, but no more than 200,000 retail electric customers, to increase the capacity and improve the reliability of an existing high-voltage direct current transmission line that runs between North Dakota and Minnesota. This is a onetime appropriation and must be used to support the cost-share component of a federal grant application to a program enacted in the federal Infrastructure Investment and Jobs Act, Public Law 117-58, and may otherwise be used to reduce the cost of the high-voltage direct current transmission project upgrade and to reimburse the reasonable costs incurred by the department to administer the grant. This appropriation is available until June 30, 2034. new text end

new text begin (i) $300,000 the first year is for technical assistance and administrative support for the Tribal Advocacy Council on Energy under article 12, section 71. As part of the technical assistance and administrative support for the program, the commissioner must hire a Tribal liaison to support the Tribal Advocacy Council on Energy and advise the department on the development of a culturally responsive clean energy grants program based on the priorities identified by the Tribal Advocacy Council on Energy. new text end

new text begin (j) $3,000,000 the first year is for a grant to Clean Energy Economy Minnesota for the Minnesota Energy Alley initiative to secure the state's energy and economic development future. The appropriation may be used to establish and support the initiative, provide seed funding for businesses, develop a training and development program, support recruitment of entrepreneurs to Minnesota, and secure funding from federal programs and corporate partners to establish a self-sustaining, long-term revenue model. This appropriation may be used to reimburse the reasonable costs incurred by the department to administer the grant. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (k) $5,000,000 the first year is transferred to the electric vehicle rebate program account to award rebates to purchase or lease eligible electric vehicles under Minnesota Statutes, section 216C.401. Rebates must be awarded under this paragraph only to eligible recipients located outside the retail electric service area of the public utility that is subject to Minnesota Statutes, section 116C.779. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (l) $1,000,000 the first year is to award grants under Minnesota Statutes, section 216C.402, to automobile dealers seeking certification to sell electric vehicles and to reimburse the reasonable costs incurred by the department to administer the grants. Grants must only be awarded under this paragraph to eligible dealers located outside the retail electric service area of the public utility that is subject to Minnesota Statutes, section 116C.779. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (m) $3,000,000 the first year is transferred to the residential electric panel upgrade grant program account established under Minnesota Statutes, section 216C.45, to award electric panel upgrade grants and to reimburse the reasonable costs incurred by the department to administer the program. Grants must be awarded under this paragraph only to owners of single-family homes or multifamily buildings located outside the electric service area of the public utility subject to Minnesota Statutes, section 116C.779. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (n) $500,000 the first year and $500,000 the second year are for a grant to the clean energy resource teams partnerships under Minnesota Statutes, section 216C.385, subdivision 2, to provide additional capacity to perform the duties specified under Minnesota Statutes, section 216C.385, subdivision 3. This appropriation may be used to reimburse the reasonable costs incurred by the department to administer the grant. new text end

new text begin (o) $1,807,000 the first year and $301,000 the second year are to implement energy benchmarking under Minnesota Statutes, section 216C.331. new text end

new text begin Of the amount appropriated under this paragraph, $750,000 the first year is to award grants to qualifying utilities that are not investor-owned utilities to support the development of technology for implementing energy benchmarking under Minnesota Statutes, section 216C.331. This is a onetime appropriation. new text end

new text begin Of the amount appropriated in the first year under this paragraph, $756,000 the first year is for a grant to Building Owners and Managers Association Greater Minneapolis to establish partnerships with three technical colleges and high school career counselors with a goal of increasing the number of building engineers across Minnesota. This is a onetime appropriation and is available until June 30, 2028. The grant recipient must provide a detailed report describing how the grant funds were used to the chairs and ranking minority members of the legislative committees having jurisdiction over higher education by January 15 of each year until 2028. The report must describe the progress made toward the goal of increasing the number of building engineers and strategies used. new text end

new text begin (p) $500,000 the first year is for a feasibility study to identify and process Minnesota iron resources that could be suitable for upgrading to long-term battery storage specifications. The results of the feasibility study must be submitted to the commissioner of commerce and to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over energy policy no later than February 1, 2025. This appropriation may be used to reimburse the reasonable costs incurred to administer the study. This is a onetime appropriation. new text end

new text begin (q) $6,000,000 the first year is for electric school bus grants under Minnesota Statutes, section 216C.374. Money under this paragraph is transferred from the general fund to the electric school bus program account. This is a onetime appropriation. new text end

new text begin (r) $5,300,000 the first year is for electric grid resiliency grants under article 12, section 72. This appropriation may be used to reimburse the reasonable costs incurred by the department to administer the grants. This is a onetime appropriation and is available until June 30, 2028. new text end

new text begin (s) $6,000,000 the first year is transferred to the heat pump rebate program account established under Minnesota Statutes, section 216C.46, to implement the heat pump rebate program and to reimburse the reasonable costs incurred by the department to administer the program. Of this amount: new text end

new text begin (1) up to $1,400,000 the first year is to contract with an energy coordinator under Minnesota Statutes, section 216C.46, subdivision 5; and new text end

new text begin (2) up to $1,400,000 the first year is to conduct contractor training and support under Minnesota Statutes, section 216C.46, subdivision 6. new text end

new text begin (t) $1,000,000 the first year is to award air ventilation pilot program grants under Minnesota Statutes, section 123B.663, for assessments, testing, and equipment upgrades in schools, and for the department's costs to administer the program. This is a onetime appropriation. new text end

new text begin (u) $500,000 the first year is for a grant to the city of Anoka for feasibility studies as described in this paragraph and design, engineering, and environmental analysis related to the repair and reconstruction of the Rum River Dam. Findings from the feasibility studies must be incorporated into the design and engineering funded by this appropriation. This appropriation is onetime and is available until June 30, 2027. This appropriation includes money for the following studies: (1) a study to assess the feasibility of adding a lock or other means for boats to traverse the dam to navigate between the lower Rum River and upper Rum River; (2) a study to assess the feasibility of constructing the dam in a manner that would facilitate recreational river surfing at the dam site; and (3) a study to assess the feasibility of constructing the dam in a manner to generate hydroelectric power. new text end

new text begin (v) $3,000,000 the first year is for grants to install on-site energy storage systems, as defined in Minnesota Statutes, section 216B.2422, subdivision 1, paragraph (f), with a capacity of 50 kilowatt hours or less and that are located outside the electric service area of the electric utility subject to Minnesota Statutes, section 116C.779. To receive a grant under this paragraph, an owner of the energy storage system must be operating a solar energy generating system at the same site as the energy storage system or have filed an application with a utility to interconnect a solar energy generating system at the same site as the energy storage system. This appropriation may be used to reimburse the reasonable costs incurred by the department to administer the grants. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (w) $164,000 the second year is for activities associated with a public utility's filing a transportation electrification plan under Minnesota Statutes, section 216B.1615. The base in fiscal year 2026 and later is $164,000. new text end

new text begin (x) $77,000 each year is for activities associated with appeals of consumer complaints to the commission under Minnesota Statutes, section 216B.172. new text end

new text begin (y) $961,000 each year is for activities required under Minnesota Statutes, section 216B.1641 for community solar gardens. This appropriation must be assessed directly to the public utility subject to Minnesota Statutes, section 116C.779. new text end

new text begin (z) $300,000 the first year is for the community solar garden program study required under article 12, section 73. new text end

new text begin Subd. 3. new text end

new text begin Petroleum Tank Release Compensation Board new text end

new text begin 1,076,000 new text end new text begin 1,097,000 new text end

new text begin This appropriation is from the petroleum tank fund. new text end

Sec. 3.

new text begin PUBLIC UTILITIES COMMISSION new text end

new text begin $ new text end new text begin 10,748,000 new text end new text begin $ new text end new text begin 11,106,000 new text end

new text begin The general fund base budget is $11,150,000 in fiscal year 2026 and $11,106,000 in fiscal year 2027. new text end

Sec. 4.

new text begin AGRICULTURE new text end

new text begin $ new text end new text begin 7,000,000 new text end new text begin $ new text end new text begin -0- new text end

new text begin $7,000,000 the first year is for grants to cooperatives to invest in green fertilizer production facilities, as provided under article 12, section 76. This is a onetime appropriation and is available until June 30, 2032. new text end

Sec. 5.

new text begin POLLUTION CONTROL AGENCY new text end

new text begin $ new text end new text begin 2,000,000 new text end new text begin $ new text end new text begin -0- new text end

new text begin $2,000,000 the first year is transferred to the local climate action grant program account established in the special revenue fund to: new text end

new text begin (1) award grants to eligible applicants; new text end

new text begin (2) provide technical assistance to applicants; new text end

new text begin (3) pay a contractor to provide greenhouse gas emissions data to grantees; and new text end

new text begin (4) reimburse the reasonable costs of the agency to administer the program. new text end

new text begin Of this amount, 65 percent is available the first year, of which half is reserved for applicants located outside the counties of Hennepin, Ramsey, Anoka, Dakota, Scott, Carver, and Washington. In the second year, any unencumbered first year money and the balance of the appropriation are available to all eligible applicants, and remain available until June 30, 2025. The base in fiscal year 2026 is $0. new text end

Sec. 6.

new text begin CLIMATE INNOVATION FINANCE AUTHORITY new text end

new text begin $ new text end new text begin 20,000,000 new text end new text begin $ new text end new text begin -0- new text end

new text begin $20,000,000 the first year is transferred to the climate innovation finance authority account for purposes of Minnesota Statutes, section 216C.441. This is a onetime appropriation. new text end

new text begin Of this amount, the commissioner of management and budget may make up to $500,000 available to the commissioner of commerce, at the request of the commissioner of commerce, to conduct necessary start-up activities before the authority has sufficient staff resources to do so. new text end

Sec. 7.

new text begin UNIVERSITY OF MINNESOTA new text end

new text begin $ new text end new text begin 1,000,000 new text end new text begin $ new text end new text begin 1,000,000 new text end

new text begin $1,000,000 the first year and $1,000,000 the second year are for a program in the University of Minnesota Extension Service that enhances the capacity of the state's agricultural sector, land and resource managers, and communities to plan for and adapt to weather extremes, including but not limited to droughts and floods. This is a onetime appropriation and is available until June 30, 2030. The base in fiscal year 2026 and later is $1,000,000. new text end

new text begin The appropriation under this section must be used to support existing extension service staff members and to hire additional staff members for a program with broad geographic reach throughout the state. The program must: new text end

new text begin (1) identify, develop, implement, and evaluate educational programs that increase the capacity of Minnesota's agricultural sector, land and resource managers, and communities to be prepared for and adapt to projected physical changes in temperature, precipitation, and other weather parameters that affect crops, lands, horticulture, pests, and wildlife in ways that present challenges to the state's agricultural sector and the communities that depend on the agricultural sector; and new text end

new text begin (2) communicate and interpret the latest research on critical weather trends and the scientific basis for critical weather trends to further prepare extension service staff throughout the state to educate and provide technical assistance to the agricultural sector, land and resource managers, and community members at the local level regarding technical information on water resource management, agriculture and forestry, engineering and infrastructure design, and emergency management that is necessary to develop strategies to mitigate the effects of extreme weather change. new text end

Sec. 8.

new text begin ADMINISTRATION 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 -0- new text end

new text begin (a) $690,000 the first year is for a contract with the Board of Regents of the University of Minnesota for the Institute on the Environment to research and provide recommendations for establishing new energy guidelines for state buildings under Minnesota Statutes, section 16B.325, subdivision 2. The grant agreement must require the director of the Institute on the Environment to submit a written report that summarizes the findings and recommendations, including recommendations for policy and legislative changes, to the chairs and ranking minority members of the legislative committees in the house of representatives and the senate with primary jurisdiction over energy policy and capital investment. new text end

new text begin (b) $255,000 the first year is for grants and the environmental analysis of construction materials under Minnesota Statutes, section 16B.312. new text end

Sec. 9.

new text begin DEPARTMENT OF TRANSPORTATION new text end

new text begin $ new text end new text begin 310,000 new text end new text begin $ new text end new text begin -0- new text end

new text begin $310,000 the first year is for awarding grants to assist manufacturers to obtain environmental product declarations for certain construction materials used to build roads and other transportation infrastructure under Minnesota Statutes, section 16B.312. Of this amount, up to $10,000 is for the reasonable costs of the department to administer that section. This appropriation is available until June 30, 2027. new text end

ARTICLE 11

RENEWABLE DEVELOPMENT ACCOUNT APPROPRIATIONS

Section 1.

new text begin RENEWABLE DEVELOPMENT FINANCE. new text end

new text begin (a) The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (j), the appropriations are from the renewable development account in the special revenue fund established in Minnesota Statutes, section 116C.779, subdivision 1, and are available for the fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium" is fiscal years 2024 and 2025. new text end

new text begin (b) If an appropriation in this article is enacted more than once in the 2023 regular or special legislative session, the appropriation must be given effect only once. new text end

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2024 new text end new text begin 2025 new text end

Sec. 2.

new text begin DEPARTMENT OF COMMERCE 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 61,077,000 new text end new text begin $ new text end new text begin 11,649,000 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 "Made in Minnesota" Administration new text end

new text begin $100,000 each year is to administer the "Made in Minnesota" solar energy production incentive program under Minnesota Statutes, section 216C.417. Any unobligated amount remaining on June 30, 2025, cancels to the renewable development account. new text end

new text begin Subd. 3. new text end

new text begin Microgrid Research and Application new text end

new text begin (a) $3,000,000 the first year and $400,000 the second year are for a grant to the University of St. Thomas Center for Microgrid Research for the purposes of paragraph (b). The base in fiscal year 2026 is $400,000 and $0 in fiscal year 2027. new text end

new text begin (b) The appropriations in this subdivision must be used by the University of St. Thomas Center for Microgrid Research to: new text end

new text begin (1) increase the center's capacity to provide industry partners opportunities to test near-commercial microgrid products on a real-world scale and to multiply opportunities for innovative research; new text end

new text begin (2) procure advanced equipment and controls to enable the extension of the university's microgrid to additional buildings; and new text end

new text begin (3) expand (i) hands-on educational opportunities for undergraduate and graduate electrical engineering students to increase understanding of microgrid operations, and (ii) partnerships with community colleges. new text end

new text begin (c) $4,100,000 the first year is for a grant to the University of St. Thomas Center for Microgrid Research for capacity building and matching requirements as a condition of receiving federal funds. This appropriation is available until June 30, 2027. new text end

new text begin Subd. 4. new text end

new text begin Granite Falls Hydroelectric Generating Facility new text end

new text begin $2,000,000 the first year is for a grant to the city of Granite Falls for repair and overage costs related to the city's existing hydroelectric generating facility. This is a onetime appropriation and any amount unobligated by June 30, 2025, cancels to the renewable development account. new text end

new text begin Subd. 5. new text end

new text begin Electric Vehicle Rebates new text end

new text begin (a) $5,567,000 the first year and $5,149,000 the second year are for transfer to the electric vehicle rebate program account established under Minnesota Statutes, section 216C.401, to award rebates to purchase or lease eligible electric vehicles under Minnesota Statutes, section 216C.401. Rebates must be awarded under this paragraph only to eligible purchasers located within the retail electric service area of the public utility that is subject to Minnesota Statutes, section 116C.779. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin (b) $1,000,000 the first year is to award grants under Minnesota Statutes, section 216C.402, to automobile dealers seeking certification from an electric vehicle manufacturer to sell electric vehicles and to reimburse the reasonable costs incurred by the department to administer the grants. Rebates must only be awarded under this paragraph to eligible dealers located within the retail electric service area of the public utility that is subject to Minnesota Statutes, section 116C.779. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 6. new text end

new text begin Electric School Bus Grants new text end

new text begin $7,000,000 the first year is transferred to the electric school bus program account established under Minnesota Statutes, section 216C.374, to provide grants to (1) accelerate the deployment of electric school buses and related electric vehicle infrastructure, and (2) to pay the commissioner's costs to administer Minnesota Statutes, section 216C.374. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 7. new text end

new text begin Solar on Public Buildings new text end

new text begin $5,000,000 the first year is transferred from the renewable development account to the solar on public buildings grant program account for the grant program described in Minnesota Statutes, section 216C.377. The appropriation in this subdivision must be used only to provide grants to public buildings located within the electric service area of the electric utility subject to Minnesota Statutes, section 116C.779. new text end

new text begin Subd. 8. new text end

new text begin Electric Panel Upgrade Grants new text end

new text begin $3,500,000 the first year is transferred to the residential electric panel upgrade grant program account for the purpose of awarding electric panel upgrade grants under Minnesota Statutes, section 216C.45, and to reimburse the reasonable cost of the department to administer the program. Grants awarded with funds appropriated under this subdivision must be awarded only to owners of single-family homes or multifamily buildings that are located within the electric service area of the public utility subject to Minnesota Statutes, section 116C.779. This is a onetime appropriation and remains available until June 30, 2027. Any unobligated money that remains unexpended on June 30, 2027, cancels to the renewable development account. new text end

new text begin Subd. 9. new text end

new text begin Energy Storage Incentive Grants new text end

new text begin $4,000,000 the first year is to award grants to install energy storage systems under Minnesota Statutes, section 216C.379, and to pay the reasonable costs incurred by the department to administer Minnesota Statutes, section 216C.379. This is a onetime appropriation and is available until June 30, 2027. new text end

new text begin Subd. 10. new text end

new text begin Distributed Energy Resources System Upgrades new text end

new text begin $4,250,000 the first year and $6,000,000 the second year are for eligible expenditures under the distributed energy resources system upgrade program established in Minnesota Statutes, section 216C.378. Of this amount, $250,000 the first year is to implement the small interconnection cost-sharing program ordered by the Public Utilities Commission on December 19, 2022, in Docket E002/M-18-714, to cover the costs of certain distribution upgrades for customers of the utility subject to Minnesota Statutes, section 116C.779, seeking to interconnect distributed generation of up to a certain size. The appropriation under this subdivision may be used for the reasonable costs of distribution upgrades as defined in Minnesota Statutes, section 216C.378, subdivision 1. Money under this subdivision is transferred from the renewable development account to the distributed energy resource system upgrade program account for the purposes of this subdivision. This is a onetime appropriation. new text end

new text begin Subd. 11. new text end

new text begin Heat Pump Grants new text end

new text begin $7,000,000 the first year is transferred to the heat pump rebate program account to implement the heat pump rebate program under Minnesota Statutes, section 216C.46, and to reimburse the reasonable costs incurred by the department to administer the program. new text end

new text begin Subd. 12. new text end

new text begin Solar For Schools new text end

new text begin $14,310,000 the first year is transferred to the solar for schools program account established under Minnesota Statutes, section 216C.375, to provide financial assistance to schools to purchase and install solar energy generating systems under Minnesota Statutes, section 216C.375. The appropriations under this paragraph must be expended on schools located within the electric service territory of the public utility that is subject to Minnesota Statutes, section 116C.779. This is a onetime appropriation. new text end

new text begin Subd. 13. new text end

new text begin Energy Storage System Capacity new text end

new text begin $250,000 the first year is for a commerce department study of the energy storage system capacity required to achieve the state renewable energy standard and carbon-free goals under Minnesota Statutes, section 216B.1691, and to host a meeting to obtain recommendations from stakeholders and the public on policies and programs to accelerate energy storage system deployment to achieve the storage capacity the study determines to be required. The study is to be completed by January 15, 2024. new text end

Sec. 3.

new text begin MINNESOTA AMATEUR SPORTS COMMISSION new text end

new text begin $ new text end new text begin -0- new text end new text begin $ new text end new text begin 4,200,000 new text end

new text begin $4,200,000 the second year is to install solar arrays on an ice rink and a maintenance facility at the National Sports Center in Blaine. This is a onetime appropriation. new text end

Sec. 4.

new text begin DEPARTMENT OF ADMINISTRATION new text end

new text begin $ new text end new text begin 780,000 new text end new text begin $ new text end new text begin 92,000 new text end

new text begin (a) $690,000 the first year is to contract with the Board of Regents of the University of Minnesota for a grant to the Institute on the Environment to conduct research examining how projections of future weather trends may exacerbate conditions, including but not limited to drought, elevated temperatures, and flooding, that: new text end

new text begin (1) can be integrated into the design and evaluation of buildings constructed by the state of Minnesota and local units of government, in order to: new text end

new text begin (i) reduce energy costs by deploying cost-effective energy efficiency measures, innovative construction materials and techniques, and renewable energy sources; and new text end

new text begin (ii) prevent and minimize damage to buildings caused by extreme weather conditions, including but not limited to increased frequency of intense precipitation events and tornadoes, flooding, and elevated temperatures; and new text end

new text begin (2) may weaken the ability of natural systems to mitigate the conditions to the point where human intervention in the form of building or redesigning the scale and operation of infrastructure is required to address those conditions in order to: new text end

new text begin (i) maintain and increase the amount and quality of food and wood production; new text end

new text begin (ii) reduce fire risk on forested land; new text end

new text begin (iii) maintain and enhance water quality; and new text end

new text begin (iv) maintain and enhance natural habitats. new text end

new text begin The contract must provide that no later than February 1, 2025, the director of the Institute on the Environment or the director's designee must submit a written report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over environment policy and capital investment summarizing the findings and recommendations of the research, including any recommendations for policy changes or other legislation. This is a onetime appropriation. new text end

new text begin (b) $90,000 the first year and $92,000 the second year are for software and administrative costs associated with the state building energy conservation improvement revolving loan program under Minnesota Statutes, section 16B.87. new text end

Sec. 5.

new text begin POLLUTION CONTROL AGENCY new text end

new text begin $ new text end new text begin 2,000,000 new text end new text begin $ new text end new text begin 1,000,000 new text end

new text begin $2,000,000 the first year and $1,000,000 the second year are transferred to the local climate action grant program account established in the special revenue fund to: new text end

new text begin (1) award grants to eligible applicants; new text end

new text begin (2) provide technical assistance to applicants; new text end

new text begin (3) pay a contractor to provide greenhouse gas emissions data to grantees; and new text end

new text begin (4) reimburse the reasonable costs of the agency to administer the program. new text end

new text begin Of this amount, 65 percent is available the first year, of which half is reserved for applicants located outside the counties of Hennepin, Ramsey, Anoka, Dakota, Scott, Carver, and Washington. In the second year, any unencumbered first year money and the balance of the appropriation are available to all eligible applicants, and remains available until June 30, 2025. The base in fiscal year 2026 and later is $0. new text end

ARTICLE 12

ENERGY POLICY

Section 1.

new text begin [16B.312] CONSTRUCTION MATERIALS; ENVIRONMENTAL ANALYSIS. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Carbon steel" means steel in which the main alloying element is carbon and whose properties are chiefly dependent on the percentage of carbon present. new text end

new text begin (c) "Commissioner" means the commissioner of administration. new text end

new text begin (d) "Electric arc furnace" means a furnace that produces molten alloy metal and heats the charge materials with electric arcs from carbon electrodes. new text end

new text begin (e) "Eligible material" means: new text end

new text begin (1) carbon steel rebar; new text end

new text begin (2) structural steel; new text end

new text begin (3) concrete; or new text end

new text begin (4) asphalt paving mixtures. new text end

new text begin (f) "Eligible project" means: new text end

new text begin (1) new construction of a state building larger than 50,000 gross square feet of occupied or conditioned space; new text end

new text begin (2) renovation of more than 50,000 gross square feet of occupied or conditioned space in a state building whose renovation cost exceeds 50 percent of the building's assessed value; or new text end

new text begin (3) new construction or reconstruction of two or more lane-miles of a trunk highway. new text end

new text begin (g) "Environmental product declaration" means a supply chain specific type III environmental product declaration that: new text end

new text begin (1) contains a material production life cycle assessment of the environmental impacts of manufacturing a specific product by a specific firm, including the impacts of extracting and producing the raw materials and components that compose the product; new text end

new text begin (2) is verified by a third party; and new text end

new text begin (3) meets the ISO 14025 standard developed and maintained by the International Organization for Standardization (ISO). new text end

new text begin (h) "Global warming potential" has the meaning given in section 216H.10, subdivision 6. new text end

new text begin (i) "Greenhouse gas" has the meaning given to "statewide greenhouse gas emissions" in section 216H.01, subdivision 2. new text end

new text begin (j) "Integrated steel production" means the production of iron and subsequently steel primarily from iron ore or iron ore pellets. new text end

new text begin (k) "Material production life cycle" means an analysis that includes the environmental impacts of all stages of a specific product's production, from mining and processing the product's raw materials to the process of manufacturing the product. new text end

new text begin (l) "Rebar" means a steel reinforcing bar or rod encased in concrete. new text end

new text begin (m) "Secondary steel production" means the production of steel from primarily ferrous scrap and other metallic inputs that are melted and refined in an electric arc furnace. new text end

new text begin (n) "State building" means a building owned by the state of Minnesota or a Minnesota state agency. new text end

new text begin (o) "Structural steel" means steel that is used in structural applications in accordance with industry standard definitions. new text end

new text begin (p) "Supply chain specific" means an environmental product declaration that includes specific data for the production processes of the materials and components composing a product that contribute at least 80 percent of the product's material production life cycle global warming potential, as defined in ISO standard 21930. new text end

new text begin Subd. 2. new text end

new text begin Standard; maximum global warming potential. new text end

new text begin (a) The commissioner shall, after reviewing the recommendations from the Environmental Standards Procurement Task Force made under subdivision 5, paragraph (c), establish and publish a maximum acceptable global warming potential for each eligible material used in an eligible project, in accordance with the following schedule: new text end

new text begin (1) for concrete used in buildings, no later than January 15, 2026; and new text end

new text begin (2) for carbon steel rebar and structural steel and, after conferring with the commissioner of transportation, for asphalt paving mixtures and concrete pavement, no later than January 15, 2028. new text end

new text begin (b) The commissioner shall, after considering nationally or internationally recognized databases of environmental product declarations for an eligible material, establish the maximum acceptable global warming potential for the eligible material. new text end

new text begin (c) The commissioner may set different maximum global warming potentials for different specific products and subproduct categories that are examples of the same eligible material based on distinctions between eligible material production and manufacturing processes, such as integrated versus secondary steel production. new text end

new text begin (d) The commissioner must establish maximum global warming potentials that are consistent with criteria in an environmental product declaration. new text end

new text begin (e) Not later than three years after establishing the maximum global warming potential for an eligible material under paragraph (a), and not longer than every three years thereafter, the commissioner, after conferring with the commissioner of transportation with respect to asphalt paving mixtures and concrete pavement, shall review the maximum acceptable global warming potential for each eligible material and for specific eligible material products. The commissioner may adjust any of the values downward to reflect industry improvements if, based on the process described in paragraph (b), the commissioner determines the industry average has declined. new text end

new text begin Subd. 3. new text end

new text begin Procurement process. new text end

new text begin The Department of Administration and the Department of Transportation shall, after reviewing the recommendations of the Environmental Standards Procurement Task Force made under subdivision 5, paragraph (c), establish processes for incorporating the maximum allowable global warming potential of eligible materials into bidding processes by the effective dates listed in subdivision 2. The Department of Administration and Department of Transportation must also incorporate into the bidding process a preference for materials mined, made, or assembled in Minnesota. new text end

new text begin Subd. 4. new text end

new text begin Pilot program. new text end

new text begin (a) No later than July 1, 2024, the Department of Administration must establish a pilot program that seeks to obtain from vendors an estimate of the material production life cycle greenhouse gas emissions of products selected by the departments from among those procured. The pilot program must encourage, but may not require, a vendor to submit the following data for each selected product that represents at least 90 percent of the total cost of the materials or components composing the selected product: new text end

new text begin (1) the quantity of the product purchased by the department; new text end

new text begin (2) a current environmental product declaration for the product; new text end

new text begin (3) the name and location of the product's manufacturer; new text end

new text begin (4) a copy of the vendor's Supplier Code of Conduct, if any; new text end

new text begin (5) the names and locations of the product's actual production facilities; and new text end

new text begin (6) an assessment of employee working conditions at the product's production facilities. new text end

new text begin (b) The Department of Administration must construct or provide access to a publicly accessible database, which shall be posted on the department's website and contain the data reported to the department under this subdivision. new text end

new text begin Subd. 5. new text end

new text begin Environmental Standards Procurement Task Force. new text end

new text begin (a) No later than October 1, 2023, the commissioners of administration and transportation must establish an Environmental Standards Procurement Task Force to examine issues surrounding the implementation of a program requiring vendors of certain construction materials purchased by the state to: new text end

new text begin (1) submit environmental product declarations that assess the material production life cycle environmental impacts of the materials to state officials as part of the procurement process; and new text end

new text begin (2) meet standards established by the commissioner of administration that limit greenhouse gas emissions impacts of the materials. new text end

new text begin (b) The task force must examine, at a minimum, the following: new text end

new text begin (1) which construction materials should be subject to the program requirements and which construction materials should be considered to be added, including lumber, mass timber, aluminum, glass, and insulation; new text end

new text begin (2) what factors should be considered in establishing greenhouse gas emissions standards, including distinctions between eligible material production and manufacturing processes, such as integrated versus secondary steel production; new text end

new text begin (3) a schedule for the development of standards for specific materials and for incorporating the standards into the purchasing process, including distinctions between eligible material production and manufacturing processes; new text end

new text begin (4) the development and use of financial incentives to reward vendors for developing products whose greenhouse gas emissions are below the standards; new text end

new text begin (5) the provision of grants to defer a vendor's cost to obtain environmental product declarations; new text end

new text begin (6) how to ensure that lowering environmental product declaration values does not negatively impact the durability or longevity of construction materials or built structures; new text end

new text begin (7) how to create and manage a database for environmental product declaration data that is consistent with data governance procedures of the state and is compatible for data sharing with other states and federal agencies; new text end

new text begin (8) how to account for differences among geographical regions with respect to the availability of covered materials, fuel, and other necessary resources, and the quantity of covered materials that the department uses or plans to use; new text end

new text begin (9) coordinating with the federal Buy Clean Task Force established under Executive Order 14057 and representatives of the United States Departments of Commerce, Energy, Housing and Urban Development, and Transportation; Environmental Protection Agency; General Services Administration; White House Office of Management and Budget; and the White House Domestic Climate Policy Council; new text end

new text begin (10) how the issues in clauses (1) to (9) are addressed by existing programs in other states and countries; and new text end

new text begin (11) any other issues the task force deems relevant. new text end

new text begin (c) The task force shall make recommendations to the commissioners of administration and transportation regarding: new text end

new text begin (1) how to implement requirements that maximum global warming impacts for eligible materials be integrated into the bidding process for eligible projects; new text end

new text begin (2) incentive structures that can be included in bidding processes to encourage the use of materials whose global warming potential is below the maximum established under subdivision 2; new text end

new text begin (3) how a successful bidder for a contract notifies the commissioner of the specific environmental product declaration for a material used on a project; new text end

new text begin (4) a process for waiving the requirements to procure materials below the maximum global warming potential resulting from product supply problems, geographic impracticability, or financial hardship; new text end

new text begin (5) a system for awarding grants to manufacturers of eligible materials located in Minnesota to offset the cost of obtaining environmental product declarations or otherwise collect environmental product declaration data from manufacturers based in Minnesota; new text end

new text begin (6) whether to use an industry average or a different method to set the maximum allowable global warming potential, or whether that average could be used for some materials but not others; and new text end

new text begin (7) any other items the task force deems necessary in order to implement this section. new text end

new text begin (d) Members of the task force must include but are not limited to representatives of: new text end

new text begin (1) the Departments of Administration and Transportation; new text end

new text begin (2) the Center for Sustainable Building Research at the University of Minnesota; new text end

new text begin (3) the Aggregate and Ready Mix Association of Minnesota; new text end

new text begin (4) the Concrete Paving Association of Minnesota; new text end

new text begin (5) the Minnesota Asphalt Pavement Association; new text end

new text begin (6) the Minnesota Board of Engineering; new text end

new text begin (7) the Minnesota iron mining industry; new text end

new text begin (8) building and transportation construction firms; new text end

new text begin (9) the American Institute of Steel Construction; new text end

new text begin (10) the Institute of Scrap Metal Recycling Industries; new text end

new text begin (11) suppliers of eligible materials; new text end

new text begin (12) organized labor in the construction trades; new text end

new text begin (13) organized labor in the manufacturing or industrial sectors; new text end

new text begin (14) environmental advocacy organizations; and new text end

new text begin (15) environmental justice organizations. new text end

new text begin (e) The Department of Administration must provide meeting space and serve as staff to the task force. new text end

new text begin (f) The commissioner of administration or the commissioner's designee shall serve as chair of the task force. The task force must meet at least four times annually and may convene additional meetings at the call of the chair. new text end

new text begin (g) The commissioner of administration shall summarize the findings and recommendations of the task force in a report submitted to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over state government, transportation, and energy no later than December 1, 2025, and annually thereafter for as long as the task force continues its operations. new text end

new text begin (h) The task force is subject to section 15.059, subdivision 6. new text end

new text begin (i) Meetings of the task force are subject to chapter 13D. new text end

new text begin (j) The task force expires on January 1, 2029. new text end

new text begin Subd. 6. new text end

new text begin Environmental product declarations; grant program. new text end

new text begin A grant program is established in the Department of Administration to award grants to assist manufacturers to obtain environmental product declarations or otherwise collect environmental product declaration data from manufacturers in Minnesota. The commissioner of administration shall develop procedures to process and evaluate grant applications, and to make grant awards. Grant applicants must submit an application to the commissioner on a form prescribed by the commissioner. The commissioner shall act as fiscal agent for the grant program and is responsible for receiving and reviewing grant applications and awarding grants under this subdivision. 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. 2.

Minnesota Statutes 2022, section 16B.325, subdivision 2, is amended to read:

Subd. 2.

Lowest possible cost; energy conservation.

The guidelines mustnew text begin :new text end

new text begin (1)new text end focus on achieving the lowest possible lifetime costnew text begin , considering both construction and operating costs,new text end for new buildings and major renovationsdeleted text begin , anddeleted text end new text begin ;new text end

new text begin (2)new text end allow for deleted text begin changes in the guidelinesdeleted text end new text begin revisionsnew text end that encourage continual energy conservation improvements in new buildings and major renovationsdeleted text begin . The guidelines shalldeleted text end new text begin ;new text end

new text begin (3)new text end define "major renovations" for purposes of this sectiondeleted text begin . The definition may not allow "major renovations"deleted text end to encompass new text begin not new text end less than 10,000 square feet or deleted text begin to encompassdeleted text end new text begin notnew text end less than the replacement of the mechanical, ventilation, or cooling system of deleted text begin thedeleted text end new text begin anew text end building or a new text begin building new text end section deleted text begin of the building. The design guidelines mustdeleted text end new text begin ;new text end

new text begin (4)new text end establish sustainability guidelines that include air quality and lighting standards and that create and maintain a healthy environment and facilitate productivity improvements;

new text begin (5) establish resiliency guidelines to encourage design that allows buildings to adapt to and accommodate projected climate-related changes that are reflected in both acute events and chronic trends, including but not limited to changes in temperature and precipitation levels; new text end

new text begin (6)new text end specify ways to reduce material costs; and deleted text begin mustdeleted text end

new text begin (7)new text end consider the long-term operating costs of the building, including the use of renewable energy sources and distributed electric energy generation that uses a renewable source or natural gas or a fuel that is as clean or cleaner than natural gas.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2022, section 16C.135, subdivision 3, is amended to read:

Subd. 3.

Vehicle purchases.

new text begin (a) new text end Consistent with section 16C.137, subdivision 1, when purchasing a motor vehicle for the enterprise fleet or for use by an agency, the commissioner or the agency shall purchase deleted text begin a motor vehicle that is capable of being powered by cleaner fuels, or a motor vehicle powered by electricity or by a combination of electricity and liquid fuel, if the total life-cycle cost of ownership is less than or comparable to that of other vehicles and if the vehicle is capabledeleted text end new text begin the motor vehicle according to the following vehicle preference order:new text end

new text begin (1) an electric vehicle; new text end

new text begin (2) a hybrid electric vehicle; new text end

new text begin (3) a vehicle capable of being powered by cleaner fuels; and new text end

new text begin (4) a vehicle powered by gasoline or diesel fuel. new text end

new text begin (b) The commissioner may only reject a vehicle that is higher on the vehicle preference order if: new text end

new text begin (1) the vehicle type is incapablenew text end of carrying out the purpose for which it is purchaseddeleted text begin .deleted text end new text begin ; ornew text end

new text begin (2) the total life-cycle cost of ownership of a preferred vehicle type is more than ten percent higher than the next vehicle type in the vehicle preference order. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 16C.137, subdivision 1, is amended to read:

Subdivision 1.

Goals and actions.

Each state department must, whenever legally, technically, and economically feasible, subject to the specific needs of the department and responsible management of agency finances:

(1) ensure that all new on-road vehicles deleted text begin purchaseddeleted text end , excluding emergency and law enforcement vehiclesdeleted text begin :deleted text end new text begin , are purchased in conformity with the vehicle preference order established in section 16C.135, subdivision 3;new text end

deleted text begin (i) use "cleaner fuels" as that term is defined in section 16C.135, subdivision 1; deleted text end

deleted text begin (ii) have fuel efficiency ratings that exceed 30 miles per gallon for city usage or 35 miles per gallon for highway usage, including but not limited to hybrid electric cars and hydrogen-powered vehicles; or deleted text end

deleted text begin (iii) are powered solely by electricity; deleted text end

(2) increase its use of renewable transportation fuels, including ethanol, biodiesel, and hydrogen from agricultural products; and

(3) increase its use of web-based Internet applications and other electronic information technologies to enhance the access to and delivery of government information and services to the public, and reduce the reliance on the department's fleet for the delivery of such information and services.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2022, section 116C.779, subdivision 1, is amended to read:

Subdivision 1.

Renewable development account.

(a) The renewable development account is established as a separate account in the special revenue fund in the state treasury. Appropriations and transfers to the account shall be credited to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, shall be credited to the account. Funds remaining in the account at the end of a fiscal year are not canceled to the general fund but remain in the account until expended. The account shall be administered by the commissioner of management and budget as provided under this section.

(b) On July 1, 2017, the public utility that owns the Prairie Island nuclear generating plant must transfer all funds in the renewable development account previously established under this subdivision and managed by the public utility to the renewable development account established in paragraph (a). Funds awarded to grantees in previous grant cycles that have not yet been expended and unencumbered funds required to be paid in calendar year 2017 under paragraphs (f) and (g), and sections 116C.7792 and 216C.41, are not subject to transfer under this paragraph.

(c) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing each January 15 thereafter, the public utility that owns the Prairie Island nuclear generating plant must transfer to the renewable development account $500,000 each year for each dry cask containing spent fuel that is located at the Prairie Island power plant for each year the plant is in operation, and $7,500,000 each year the plant is not in operation if ordered by the commission pursuant to paragraph (i). The fund transfer must be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility at Prairie Island for any part of a year.new text begin The total amount transferred annually under this paragraph must be reduced by $3,750,000.new text end

(d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing each January 15 thereafter, the public utility that owns the Monticello nuclear generating plant must transfer to the renewable development account $350,000 each year for each dry cask containing spent fuel that is located at the Monticello nuclear power plant for each year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered by the commission pursuant to paragraph (i). The fund transfer must be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for any part of a year.

(e) Each year, the public utility shall withhold from the funds transferred to the renewable development account under paragraphs (c) and (d) the amount necessary to pay its obligations under paragraphs (f) and (g), and sections 116C.7792 and 216C.41, for that calendar year.

(f) If the commission approves a new or amended power purchase agreement, the termination of a power purchase agreement, or the purchase and closure of a facility under section 216B.2424, subdivision 9, with an entity that uses poultry litter to generate electricity, the public utility subject to this section shall enter into a contract with the city in which the poultry litter plant is located to provide grants to the city for the purposes of economic development on the following schedule: $4,000,000 in fiscal year 2018; $6,500,000 each fiscal year in 2019 and 2020; and $3,000,000 in fiscal year 2021. The grants shall be paid by the public utility from funds withheld from the transfer to the renewable development account, as provided in paragraphs (b) and (e).

(g) If the commission approves a new or amended power purchase agreement, or the termination of a power purchase agreement under section 216B.2424, subdivision 9, with an entity owned or controlled, directly or indirectly, by two municipal utilities located north of Constitutional Route No. 8, that was previously used to meet the biomass mandate in section 216B.2424, the public utility that owns a nuclear generating plant shall enter into a grant contract with such entity to provide $6,800,000 per year for five years, commencing 30 days after the commission approves the new or amended power purchase agreement, or the termination of the power purchase agreement, and on each June 1 thereafter through 2021, to assist the transition required by the new, amended, or terminated power purchase agreement. The grant shall be paid by the public utility from funds withheld from the transfer to the renewable development account as provided in paragraphs (b) and (e).

(h) The collective amount paid under the grant contracts awarded under paragraphs (f) and (g) is limited to the amount deposited into the renewable development account, and its predecessor, the renewable development account, established under this section, that was not required to be deposited into the account under Laws 1994, chapter 641, article 1, section 10.

(i) After discontinuation of operation of the Prairie Island nuclear plant or the Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the discontinued facility, the commission shall require the public utility to pay $7,500,000 for the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello facility for any year in which the commission finds, by the preponderance of the evidence, that the public utility did not make a good faith effort to remove the spent nuclear fuel stored at the facility to a permanent or interim storage site out of the state. This determination shall be made at least every two years.

(j) Funds in the account may be expended only for any of the following purposes:

(1) to stimulate research and development of renewable electric energy technologies;

(2) to encourage grid modernization, including, but not limited to, projects that implement electricity storage, load control, and smart meter technology; and

(3) to stimulate other innovative energy projects that reduce demand and increase system efficiency and flexibility.

Expenditures from the fund must benefit Minnesota ratepayers receiving electric service from the utility that owns a nuclear-powered electric generating plant in this state or the Prairie Island Indian community or its members.

The utility that owns a nuclear generating plant is eligible to apply for grants under this subdivision.

(k) For the purposes of paragraph (j), the following terms have the meanings given:

(1) "renewable" has the meaning given in section 216B.2422, subdivision 1, paragraph (c), clauses (1), (2), (4), and (5); and

(2) "grid modernization" means:

(i) enhancing the reliability of the electrical grid;

(ii) improving the security of the electrical grid against cyberthreats and physical threats; and

(iii) increasing energy conservation opportunities by facilitating communication between the utility and its customers through the use of two-way meters, control technologies, energy storage and microgrids, technologies to enable demand response, and other innovative technologies.

(l) A renewable development account advisory group that includes, among others, representatives of the public utility and its ratepayers, and includes at least one representative of the Prairie Island Indian community appointed by that community's tribal council, shall develop recommendations on account expenditures. The advisory group must design a request for proposal and evaluate projects submitted in response to a request for proposals. The advisory group must utilize an independent third-party expert to evaluate proposals submitted in response to a request for proposal, including all proposals made by the public utility. A request for proposal for research and development under paragraph (j), clause (1), may be limited to or include a request to higher education institutions located in Minnesota for multiple projects authorized under paragraph (j), clause (1). The request for multiple projects may include a provision that exempts the projects from the third-party expert review and instead provides for project evaluation and selection by a merit peer review grant system. In the process of determining request for proposal scope and subject and in evaluating responses to request for proposals, the advisory group must strongly consider, where reasonabledeleted text begin ,deleted text end new text begin :new text end

new text begin (1)new text end potential benefit to Minnesota citizens and businesses and the utility's ratepayersnew text begin ; andnew text end

new text begin (2) the proposer's commitment to increasing the diversity of the proposer's workforce and vendorsnew text end .

(m) The advisory group shall submit funding recommendations to the public utility, which has full and sole authority to determine which expenditures shall be submitted by the advisory group to the legislature. The commission may approve proposed expenditures, may disapprove proposed expenditures that it finds not to be in compliance with this subdivision or otherwise not in the public interest, and may, if agreed to by the public utility, modify proposed expenditures. The commission shall, by order, submit its funding recommendations to the legislature as provided under paragraph (n).

(n) The commission shall present its recommended appropriations from the account to the senate and house of representatives committees with jurisdiction over energy policy and finance annually by February 15. Expenditures from the account must be appropriated by law. In enacting appropriations from the account, the legislature:

(1) may approve or disapprove, but may not modify, the amount of an appropriation for a project recommended by the commission; and

(2) may not appropriate money for a project the commission has not recommended funding.

(o) A request for proposal for renewable energy generation projects must, when feasible and reasonable, give preference to projects that are most cost-effective for a particular energy source.

(p) The advisory group must annually, by February 15, report to the chairs and ranking minority members of the legislative committees with jurisdiction over energy policy on projects funded by the account for the prior year and all previous years. The report must, to the extent possible and reasonable, itemize the actual and projected financial benefit to the public utility's ratepayers of each project.

(q) By February 1, 2018, and each February 1 thereafter, the commissioner of management and budget shall submit a written report regarding the availability of funds in and obligations of the account to the chairs and ranking minority members of the senate and house committees with jurisdiction over energy policy and finance, the public utility, and the advisory group.

(r) A project receiving funds from the account must produce a written final report that includes sufficient detail for technical readers and a clearly written summary for nontechnical readers. The report must include an evaluation of the project's financial, environmental, and other benefits to the state and the public utility's ratepayers.new text begin A project receiving funds from the account must submit a report that meets the requirements of section 216C.51, subdivisions 3 and 4, each year the project funded by the account is in progress.new text end

(s) Final reports, any mid-project status reports, and renewable development account financial reports must be posted online on a public website designated by the commissioner of commerce.

(t) All final reports must acknowledge that the project was made possible in whole or part by the Minnesota renewable development account, noting that the account is financed by the public utility's ratepayers.

(u) Of the amount in the renewable development account, priority must be given to making the payments required under section 216C.417.

new text begin (v) Construction projects receiving funds from this account are subject to the requirement to pay the prevailing wage rate, as defined in section 177.42 and the requirements and enforcement provisions in sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to construction contracts entered into on or after that date. new text end

Sec. 6.

Minnesota Statutes 2022, section 116C.7792, is amended to read:

116C.7792 SOLAR ENERGY PRODUCTION INCENTIVE PROGRAM.

(a) The utility subject to section 116C.779 shall operate a program to provide solar energy production incentives for solar energy systems of no more than a total aggregate nameplate capacity of 40 kilowatts alternating current per premise. The owner of a solar energy system installed before June 1, 2018, is eligible to receive a production incentive under this section for any additional solar energy systems constructed at the same customer location, provided that the aggregate capacity of all systems at the customer location does not exceed 40 kilowatts.

(b) The program is funded by money withheld from transfer to the renewable development account under section 116C.779, subdivision 1, paragraphs (b) and (e). Program funds must be placed in a separate account for the purpose of the solar energy production incentive program operated by the utility and not for any other program or purpose.

(c) Funds allocated to the solar energy production incentive program in 2019 and 2020 remain available to the solar energy production incentive program.

(d) The following amounts are allocated to the solar energy production incentive program:

(1) $10,000,000 in 2021;

(2) $10,000,000 in 2022;

(3) $5,000,000 in 2023; deleted text begin anddeleted text end

(4) deleted text begin $5,000,000deleted text end new text begin $11,250,000new text end in 2024deleted text begin .deleted text end new text begin ; andnew text end

new text begin (5) $6,250,000 in 2025. new text end

new text begin (e) Notwithstanding the Department of Commerce's November 14, 2018, decision in Docket No. E002/M-13-1015 regarding operation of the utility's solar energy production incentive program, half of the amounts allocated each year under paragraph (d), clauses (3), (4), and (5), must be reserved for solar energy systems whose installation meets the eligibility standards for the low-income program established in the November 14, 2018, decision or successor decisions of the department. All other program operations of the solar energy production incentive program are governed by the provisions of the November 14, 2018, decision or successor decisions of the department. new text end

deleted text begin (e)deleted text end new text begin (f)new text end Funds allocated to the solar energy production incentive program that have not been committed to a specific project at the end of a program year remain available to the solar energy production incentive program.

deleted text begin (f)deleted text end new text begin (g)new text end Any unspent amount remaining on January 1, deleted text begin 2025deleted text end new text begin 2028new text end , must be transferred to the renewable development account.

deleted text begin (g)deleted text end new text begin (h)new text end A solar energy system receiving a production incentive under this section must be sized to less than 120 percent of the customer's on-site annual energy consumption when combined with other distributed generation resources and subscriptions provided under section 216B.1641 associated with the premise. The production incentive must be paid for ten years commencing with the commissioning of the system.

deleted text begin (h)deleted text end new text begin (i)new text end The utility must file a plan to operate the program with the commissioner of commerce. The utility may not operate the program until it is approved by the commissioner. A change to the program to include projects up to a nameplate capacity of 40 kilowatts or less does not require the utility to file a plan with the commissioner. Any plan approved by the commissioner of commerce must not provide an increased incentive scale over prior years unless the commissioner demonstrates that changes in the market for solar energy facilities require an increase.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

new text begin [123B.662] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin For purposes of this section and section 123B.663, the terms in this section have the meanings given unless the language or context clearly indicates that a different meaning is intended. new text end

new text begin Subd. 2. new text end

new text begin ANSI. new text end

new text begin "ANSI" means American National Standards Institute. new text end

new text begin Subd. 3. new text end

new text begin ASHRAE. new text end

new text begin "ASHRAE" means American Society of Heating Refrigeration Air Conditioning Engineers. new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of commerce or the commissioner's representative. new text end

new text begin Subd. 5. new text end

new text begin Eligible entity. new text end

new text begin "Eligible entity" means a public school board operating within the state of Minnesota. new text end

new text begin Subd. 6. new text end

new text begin HVAC. new text end

new text begin "HVAC" means heating, ventilation, and air conditioning. new text end

new text begin Subd. 7. new text end

new text begin Licensed professional engineer. new text end

new text begin "Licensed professional engineer" means a professional engineer who holds an active license issued under chapter 326, and is in good standing with and not subject to any disciplinary or other actions by the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design. new text end

new text begin Subd. 8. new text end

new text begin MERV. new text end

new text begin "MERV" means minimum efficiency reporting value as established by ASHRAE Standard 52.2-2017 Method of Testing General Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size. new text end

new text begin Subd. 9. new text end

new text begin Program. new text end

new text begin "Program" means the air ventilation program. new text end

new text begin Subd. 10. new text end

new text begin Registered apprenticeship program. new text end

new text begin "Registered apprenticeship program" means an apprenticeship program that is registered under chapter 178 or Code of Federal Regulations, title 29, part 29. new text end

new text begin Subd. 11. new text end

new text begin Skilled and trained workforce. new text end

new text begin "Skilled and trained workforce" means a workforce that is paid the prevailing wage rate, as defined in section 177.42, subdivision 6, for the work, and of which at least 80 percent of the construction workers are either registered in or graduates of a registered apprenticeship program for the applicable occupation. 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. 8.

new text begin [123B.663] AIR VENTILATION PILOT PROGRAM GRANTS AND GUIDELINES. new text end

new text begin Subdivision 1. new text end

new text begin Grant program establishment. new text end

new text begin The Department of Commerce must establish and administer an air ventilation program to award grants to eligible entities under this section. new text end

new text begin Subd. 2. new text end

new text begin Air ventilation program account; appropriation. new text end

new text begin (a) An air ventilation program account is created in the special revenue fund of the state treasury. The commissioner must credit to the account appropriations and transfers made to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund but remains available until expended. The commissioner is the fiscal agent and must manage the account. new text end

new text begin (b) Money in the account is appropriated to the commissioner to pay for grants issued under the program and the reasonable costs incurred by the commissioner to administer the program. new text end

new text begin Subd. 3. new text end

new text begin Grant awards; priorities; maximums. new text end

new text begin (a) The commissioner may award grants under the program for the following activities: new text end

new text begin (1) completing a heating, ventilation, and air conditioning assessment report; new text end

new text begin (2) HVAC testing, adjusting, and balancing work; new text end

new text begin (3) ventilation equipment upgrades, replacements, or other measures recommended by a heating, ventilation, and air conditioning assessment report; new text end

new text begin (4) work on an HVAC system to improve health, safety, energy, or system efficiency, or to reduce greenhouse gas emissions from the system; and new text end

new text begin (5) other HVAC projects that have not already been approved under section 123B.595. new text end

new text begin (b) The commissioner must prioritize grants that give direct support to schools and school children in communities with high rates of poverty as determined by receipt of federal Title I funding. new text end

new text begin (c) A grant under the program may be used to reimburse an eligible entity for no more than 50 percent of its costs for work described in paragraph (a) and must not exceed a total of $50,000 per school. new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin (a) The commissioner must: new text end

new text begin (1) adopt guidelines for the air ventilation program no later than October 1, 2023; new text end

new text begin (2) establish the timing of grant funding; new text end

new text begin (3) ensure that the program is operating and accepting applications for grants by March 31, 2024; and new text end

new text begin (4) provide technical assistance to eligible entities. new text end

new text begin (b) The commissioner may modify the technical and reporting requirements of the program as necessary to comply with current COVID-19 guidance or any other applicable guidance to achieve the intent of the program and to ensure consistency with related requirements and codes. new text end

new text begin Subd. 5. new text end

new text begin Application process. new text end

new text begin An eligible entity must apply to the commissioner for a grant on behalf of a school on a form prescribed by the commissioner. The form must include, at a minimum, the following information: new text end

new text begin (1) a plan to complete a heating, ventilation, and air conditioning assessment report by a skilled and trained workforce; and new text end

new text begin (2) an estimate of total project costs and funding needed to conduct the assessment and subsequent work. new text end

new text begin Subd. 6. new text end

new text begin Payment conditions. new text end

new text begin The commissioner may reimburse expenses incurred by the eligible entity while under contract with the department upon receipt of the following: new text end

new text begin (1) a report, verified by a licensed professional engineer, that includes costs of adjustments or repairs necessary to meet minimum ventilation and filtration requirements and that determines whether any cost-effective energy efficiency or electrification upgrades or replacements are warranted or recommended; new text end

new text begin (2) an HVAC verification report that includes the name and address of the school facility and individual or contractor preparing and certifying the report and a description of the assessment, maintenance, adjustment, repair, upgrade, and replacement activities and outcomes; and new text end

new text begin (3) verification that the eligible entity has complied with all requirements. Verification must include: new text end

new text begin (i) documentation that either MERV 13 filters have been installed or verification that the maximum MERV-rated filter that the system is able to effectively handle has been installed; new text end

new text begin (ii) documentation of the MERV rating; new text end

new text begin (iii) the verified ventilation rates for occupied areas of the school and whether those rates meet the requirements set forth in ANSI/ASHRAE Standard 62.1, with an accompanying explanation for any ventilation rates that do not meet applicable requirements documenting why the current system is unable to meet requirements; new text end

new text begin (iv) the verified exhaust for occupied areas and whether those rates meet the requirements set forth in the system design intent; new text end

new text begin (v) documentation of system deficiencies; new text end

new text begin (vi) recommendations for additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance, or reduce greenhouse gas emissions; new text end

new text begin (vii) documentation of initial operating verifications, adjustments, and final operating verifications; new text end

new text begin (viii) documentation of any adjustments or repairs performed; new text end

new text begin (ix) verification of carbon dioxide monitors, if required, including correct installation and operation according to regulations; new text end

new text begin (x) make and model of monitors; new text end

new text begin (xi) verification of the contractor's name; and new text end

new text begin (xii) verification that all construction work has been performed by a skilled and trained workforce. new text end

new text begin Subd. 7. new text end

new text begin Use of federal funds. new text end

new text begin An eligible entity may utilize available matching funds from federal programs in conjunction with a grant awarded under this section to increase funding amounts. new text end

new text begin Subd. 8. new text end

new text begin HVAC report. new text end

new text begin An eligible entity that receives a grant under the program must maintain a copy of the HVAC verification report described in subdivision 6, clause (2), and must make the report available to students, parents, school personnel, and any member of the public upon request. new text end

new text begin Subd. 9. new text end

new text begin Prevailing wage. new text end

new text begin All work for which reimbursement is sought through a grant under the program that is performed after conducting a heating, ventilation, and air conditioning assessment must be performed by a skilled and trained workforce. Any project awarded a grant under the program is subject to the requirements and enforcement provisions of sections 177.27, 177.30, 177.32, 177.41 to 177.435, 177.44, and 177.45. new text end

Sec. 9.

Minnesota Statutes 2022, section 168.27, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Dealer training; electric vehicles. new text end

new text begin (a) A new motor vehicle dealer licensed under this chapter that operates under an agreement or franchise from a manufacturer and sells electric vehicles must maintain at least one employee who is certified as having completed a training course offered by a Minnesota motor vehicle dealership association that addresses at least the following elements: new text end

new text begin (1) fundamentals of electric vehicles; new text end

new text begin (2) electric vehicle charging options and costs; new text end

new text begin (3) publicly available electric vehicle incentives; new text end

new text begin (4) projected maintenance and fueling costs for electric vehicles; new text end

new text begin (5) reduced tailpipe emissions, including greenhouse gas emissions, produced by electric vehicles; new text end

new text begin (6) the impacts of Minnesota's cold climate on electric vehicle operation; and new text end

new text begin (7) best practices to sell electric vehicles. new text end

new text begin (b) For the purposes of this section, "electric vehicle" has the meaning given in section 169.011, subdivision 26a, paragraphs (a) and (b), clause (3). new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2022, section 216B.096, subdivision 11, is amended to read:

Subd. 11.

Reporting.

Annually on deleted text begin November 1deleted text end new text begin October 15new text end , a utility must electronically file with the commission a report, in a format specified by the commission, specifying the number of utility heating service customers whose service is disconnected or remains disconnected for nonpayment as ofnew text begin September 15 andnew text end October 1 deleted text begin and October 15deleted text end . If customers remain disconnected on October deleted text begin 15deleted text end new text begin 1new text end , a utility must file a report each week between deleted text begin November 1deleted text end new text begin October 15new text end and the end of the cold weather period specifying:

(1) the number of utility heating service customers that are or remain disconnected from service for nonpayment; and

(2) the number of utility heating service customers that are reconnected to service each week. The utility may discontinue weekly reporting if the number of utility heating service customers that are or remain disconnected reaches zero before the end of the cold weather period.

The data reported under this subdivision are presumed to be accurate upon submission and must be made available through the commission's electronic filing system.

Sec. 11.

Minnesota Statutes 2022, section 216B.16, subdivision 10, is amended to read:

Subd. 10.

Intervenor compensation.

(a) A nonprofit organization or an individual granted formal intervenor status by the commission is eligible to receive compensation.

(b) The commission may order a utility to compensate all or part of an eligible intervenor's reasonable costs of participation in a general rate case that comes before the commission when the commission finds that the intervenor has materially assisted the commission's deliberation and when a lack of compensation would present financial hardship to the intervenor. Compensation may not exceed $50,000 for a single intervenor in any proceeding. For the purpose of this subdivision, "materially assisted" means that the intervenor's participation and presentation was useful and seriously considered, or otherwise substantially contributed to the commission's deliberations in the proceeding.

(c) In determining whether an intervenor has materially assisted the commission's deliberation, the commission must consider, among other factors, whether:

(1) the intervenor represented an interest that would not otherwise have been adequately represented;

(2) the evidence or arguments presented or the positions taken by the intervenor were an important factor in producing a fair decision;

(3) the intervenor's position promoted a public purpose or policy;

(4) the evidence presented, arguments made, issues raised, or positions taken by the intervenor would not have been a part of the record without the intervenor's participation; and

(5) the administrative law judge or the commission adopted, in whole or in part, a position advocated by the intervenor.

(d) In determining whether the absence of compensation would present financial hardship to the intervenor, the commission must consider:

(1) whether the costs presented in the intervenor's claim reflect reasonable fees for attorneys and expert witnesses and other reasonable costs; and

(2) the ratio between the costs of intervention and the intervenor's unrestricted funds.

(e) An intervenor seeking compensation must file a request and an affidavit of service with the commission, and serve a copy of the request on each party to the proceeding. The request must be filed 30 days after the later of (1) the expiration of the period within which a petition for rehearing, amendment, vacation, reconsideration, or reargument must be filed or (2) the date the commission issues an order following rehearing, amendment, vacation, reconsideration, or reargument.

(f) The compensation request must include:

(1) the name and address of the intervenor or representative of the nonprofit organization the intervenor is representing;

(2) proof of the organization's nonprofit, tax-exempt status;

(3) the name and docket number of the proceeding for which compensation is requested;

(4) a list of actual annual revenues and expenses of the organization the intervenor is representing for the preceding year and projected revenues, revenue sources, and expenses for the current year;

(5) the organization's balance sheet for the preceding year and a current monthly balance sheet;

(6) an itemization of intervenor costs and the total compensation request; and

(7) a narrative explaining why additional organizational funds cannot be devoted to the intervention.

(g) Within 30 days after service of the request for compensation, a party may file a response, together with an affidavit of service, with the commission. A copy of the response must be served on the intervenor and all other parties to the proceeding.

(h) Within 15 days after the response is filed, the intervenor may file a reply with the commission. A copy of the reply and an affidavit of service must be served on all other parties to the proceeding.

(i) If additional costs are incurred as a result of additional proceedings following the commission's initial order, the intervenor may file an amended request within 30 days after the commission issues an amended order. Paragraphs (e) to (h) apply to an amended request.

(j) The commission must issue a decision on intervenor compensation within 60 days of a filing by an intervenor.

(k) A party may request reconsideration of the commission's compensation decision within 30 days of the decision.

(l) If the commission issues an order requiring payment of intervenor compensation, the utility that was the subject of the proceeding must pay the compensation to the intervenor, and file with the commission proof of payment, within 30 days after the later of (1) the expiration of the period within which a petition for reconsideration of the commission's compensation decision must be filed or (2) the date the commission issues an order following reconsideration of its order on intervenor compensation.

new text begin (m) The implementation and enforcement of this subdivision is suspended while section 216B.631 is effective. 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. 12.

new text begin [216B.1615] ELECTRIC VEHICLE DEPLOYMENT PROGRAM. 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) "Battery exchange station" means a physical location deploying equipment that enables a used electric vehicle battery to be removed and exchanged for a fresh electric vehicle battery. new text end

new text begin (c) "Electric vehicle" means any device or contrivance that transports persons or property and is capable of being powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electricity. Electric vehicle includes but is not limited to: new text end

new text begin (1) an electric vehicle, as defined in section 169.011, subdivision 26a; new text end

new text begin (2) an electric-assisted bicycle, as defined in section 169.011, subdivision 27; new text end

new text begin (3) an off-road vehicle, as defined in section 84.797, subdivision 7; new text end

new text begin (4) a motorboat, as defined in section 86B.005, subdivision 9; or new text end

new text begin (5) an aircraft, as defined in section 360.013, subdivision 37. new text end

new text begin (d) "Electric vehicle charging station" means a physical location deploying equipment that: new text end

new text begin (1) transfers electricity to an electric vehicle battery; new text end

new text begin (2) dispenses hydrogen into an electric vehicle powered by a fuel cell; new text end

new text begin (3) exchanges electric vehicle batteries; or new text end

new text begin (4) provides other equipment used to charge or fuel electric vehicles. new text end

new text begin (e) "Electric vehicle infrastructure" means electric vehicle charging stations and any associated machinery, equipment, and infrastructure necessary for a public utility to supply electricity or hydrogen to an electric vehicle charging station and to support electric vehicle operation. new text end

new text begin (f) "Fuel cell" means a cell that converts the chemical energy of hydrogen directly into electricity through electrochemical reactions. new text end

new text begin (g) "Government entity" means the state, a state agency, or a political subdivision, as defined in section 13.02, subdivision 11. new text end

new text begin (h) "Motor fuel" has the meaning given in section 296A.01, subdivision 33. new text end

new text begin (i) "Public utility" has the meaning given in section 216B.02, subdivision 4. new text end

new text begin Subd. 2. new text end

new text begin Transportation electrification plan; contents. new text end

new text begin (a) By November 1, 2023, and periodically as ordered by the commission, but at least every four years thereafter, a public utility must file a transportation electrification plan with the commission that may include but is not limited to elements that: new text end

new text begin (1) maximize the overall benefits of electric vehicles and other electrified transportation while minimizing overall costs; and new text end

new text begin (2) promote the: new text end

new text begin (i) purchase of electric vehicles by the public utility's customers; new text end

new text begin (ii) deployment of electric vehicle infrastructure in the public utility's service territory; and new text end

new text begin (iii) development of partnerships, including with establishments that currently retail automotive fuel, in order to increase access to electric vehicle charging stations. new text end

new text begin (b) A transportation electrification plan may include but is not limited to the following elements: new text end

new text begin (1) programs to educate and increase the awareness and benefits of electric vehicles and electric vehicle charging equipment among individuals, electric vehicle dealers, single-family and multifamily housing developers and property management companies, building owners and tenants, vehicle service stations, vehicle fleet owners and managers, and other potential users of electric vehicles; new text end

new text begin (2) investments and customer incentives offered by the public utility to support transportation electrification across all customer classes, including but not limited to investments and customer incentives to facilitate: new text end

new text begin (i) the deployment of all types of electric vehicles, and the electric vehicle infrastructure and other electric utility infrastructure required to support them; new text end

new text begin (ii) widespread access to publicly available and conveniently located electric vehicle charging stations, including through partnerships between public utilities and establishments that retail automotive fuel, and any Minnesota trade association predominantly composed of establishments that retail automotive fuel, provided that the establishments: new text end

new text begin (A) collaborate with the public utility to determine optimal charging locations; new text end

new text begin (B) operate 24 hours per day and are staffed at least 14 hours per day excluding public holidays; and new text end

new text begin (C) assume charging station operating and maintenance costs, while maintaining operating standards in a safe and efficient manner consistent with industry standards; and new text end

new text begin (iii) the electrification of public transit and vehicle fleets owned or operated by a government entity; new text end

new text begin (3) research and demonstration projects to increase access to electricity as a transportation fuel, minimize the system costs of electric transportation, and inform future transportation electrification plans; new text end

new text begin (4) rate structures or programs that: new text end

new text begin (i) incentivize electric vehicle charging at times of day that optimize electric grid operation through the deployment of time-varying rates and charging optimization programs; new text end

new text begin (ii) are transparent to a charging customer and an owner of electric vehicle charging stations; and new text end

new text begin (iii) ensure that the rates, terms, and conditions governing the operation of electric vehicle charging stations are uniform throughout a public utility's service area; new text end

new text begin (5) programs targeting transportation electrification in low- and moderate-income communities and in neighborhoods most affected by transportation-related air emissions; new text end

new text begin (6) proposals to expedite commission consideration of program adjustments requested by the public utility; and new text end

new text begin (7) proposals to share information and results from transportation electrification projects with stakeholders to promote effective electrification in all areas of the state. new text end

new text begin (c) A transportation electrification plan may include planned upgrades to and investments in a public utility's distribution system that are necessary to accommodate future growth in transportation electrification and support the plan's proposed programs and activities. new text end

new text begin Subd. 3. new text end

new text begin Transportation electrification plan; review and implementation. new text end

new text begin The commission may approve, modify, or reject a transportation electrification plan. When reviewing a transportation electrification plan, the commission must consider whether the programs, investments, and expenditures as a whole are reasonable and in the public interest, and are reasonably expected to: new text end

new text begin (1) improve the operation of the electric grid; new text end

new text begin (2) increase access to the use of electricity as a transportation fuel for all customers, including those in low- and moderate-income communities, rural communities, and communities most affected by air emissions from the transportation sector; new text end

new text begin (3) increase access to publicly available electric vehicle charging for all types of electric vehicles; new text end

new text begin (4) support the electrification of medium-duty and heavy-duty vehicles and associated charging infrastructure; new text end

new text begin (5) reduce statewide greenhouse gas emissions, as defined in section 216H.01, and emissions of other air pollutants that impair the environment and public health; new text end

new text begin (6) stimulate nonutility investment and the creation of high-quality jobs for local workers; new text end

new text begin (7) educate the public about the benefits of electric vehicles and related infrastructure; new text end

new text begin (8) be transparent and incorporate reasonable public reporting of program activities, consistent with existing technology and data capabilities, to inform program design and commission policy with respect to electric vehicles; new text end

new text begin (9) reasonably balance the benefits of ratepayer funded investments in transportation electrification and impacts on utility rates; and new text end

new text begin (10) appropriately balance the participation of public utilities and private enterprise in the market for transportation electrification and related services. new text end

new text begin Subd. 4. new text end

new text begin Cost recovery. new text end

new text begin Notwithstanding any other provision of this chapter, the commission may approve cost recovery under section 216B.16, including an appropriate rate of return, of any prudent and reasonable investments made or expenses incurred by a public utility, including rebates for the installation of electric vehicle infrastructure, to administer and implement an approved transportation electrification plan. new text end

new text begin Subd. 5. new text end

new text begin Pending filings. new text end

new text begin This section shall not apply to any proposals designed to satisfy the objectives established in subdivision 2 that are part of a proceeding that is pending before the commission as of April 1, 2023. In those proceedings, the commission shall have full authority and discretion to accept, modify, or reject the utility's proposals in accordance with the provisions of this chapter extant at the time the public utility's proposals were initially filed in the proceeding. In its filing due November 1, 2023, a public utility that is a party in such a pending proceeding shall not be required under this section to file proposals to satisfy the objectives of subdivision 2 in addition to those accepted or modified by the commission in the pending proceeding. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2022, section 216B.164, is amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Customer's access to electricity usage data. new text end

new text begin A utility must provide a customer's electricity usage data to the customer within ten days of the date the utility receives a request from the customer that is accompanied by evidence that the energy usage data is relevant to the interconnection of a qualifying facility on behalf of the customer. For the purposes of this subdivision, "electricity usage data" includes but is not limited to: (1) the total amount of electricity used by a customer monthly; (2) usage by time period if the customer operates under a tariff where costs vary by time of use; and (3) usage data that is used to calculate a customer's demand charge. 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. 14.

Minnesota Statutes 2022, section 216B.1641, is amended to read:

216B.1641 COMMUNITY SOLAR GARDEN.

new text begin Subdivision 1. new text end

new text begin Legacy program. new text end

(a) The public utility subject to section 116C.779 shall file by September 30, 2013, a plan with the commission to operate a community solar garden program which shall begin operations within 90 days after commission approval of the plan. Other public utilities may file an application at their election. The community solar garden program must be designed to offset the energy use of not less than five subscribers in each community solar garden facility of which no single subscriber has more than a 40 percent interest. The owner of the community solar garden may be a public utility or any other entity or organization that contracts to sell the output from the community solar garden to the utility under section 216B.164. There shall be no limitation on the number or cumulative generating capacity of community solar garden facilities other than the limitations imposed under section 216B.164, subdivision 4c, or other limitations provided in law or regulations.

(b) A solar garden is a facility that generates electricity by means of a ground-mounted or roof-mounted solar photovoltaic device whereby subscribers receive a bill credit for the electricity generated in proportion to the size of their subscription. The solar garden must have a nameplate capacity of no more than one megawatt. Each subscription shall be sized to represent at least 200 watts of the community solar garden's generating capacity and to supply, when combined with other distributed generation resources serving the premises, no more than 120 percent of the average annual consumption of electricity by each subscriber at the premises to which the subscription is attributed.

(c) The solar generation facility must be located in the service territory of the public utility filing the plan. Subscribers must be retail customers of the public utility located in the same county or a county contiguous to where the facility is located.

(d) The public utility must purchase from the community solar garden all energy generated by the solar garden. The purchase shall be at the rate calculated under section 216B.164, subdivision 10, or, until that rate for the public utility has been approved by the commission, the applicable retail rate. A solar garden is eligible for any incentive programs offered under section 116C.7792. A subscriber's portion of the purchase shall be provided by a credit on the subscriber's bill.

(e) The commission may approve, disapprove, or modify a community solar garden program. Any plan approved by the commission must:

(1) reasonably allow for the creation, financing, and accessibility of community solar gardens;

(2) establish uniform standards, fees, and processes for the interconnection of community solar garden facilities that allow the utility to recover reasonable interconnection costs for each community solar garden;

(3) not apply different requirements to utility and nonutility community solar garden facilities;

(4) be consistent with the public interest;

(5) identify the information that must be provided to potential subscribers to ensure fair disclosure of future costs and benefits of subscriptions;

(6) include a program implementation schedule;

(7) identify all proposed rules, fees, and charges; and

(8) identify the means by which the program will be promoted.

(f) Notwithstanding any other law, neither the manager of nor the subscribers to a community solar garden facility shall be considered a utility solely as a result of their participation in the community solar garden facility.

(g) Within 180 days of commission approval of a plan under this section, a utility shall begin crediting subscriber accounts for each community solar garden facility in its service territory, and shall file with the commissioner of commerce a description of its crediting system.

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

(1) "subscriber" means a retail customer of a utility who owns one or more subscriptions of a community solar garden facility interconnected with that utility; and

(2) "subscription" means a contract between a subscriber and the owner of a solar garden.

new text begin (i) This subdivision applies to a community solar garden that was approved before January 1, 2024. new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of subdivisions 3 to 14, the following terms have the meanings given. new text end

new text begin (b) "Backup subscriber" means an individual or entity that temporarily assumes all or a portion of a community solar garden subscription in the event a subscriber exits the community solar garden or is delinquent in paying the subscriber's utility bill. new text end

new text begin (c) "Community solar garden" means a facility (1) that generates electricity by means of a ground-mounted or roof-mounted solar photovoltaic device, (2) that is owned and operated by a subscriber organization, and (3) for which subscribers receive a bill credit for the electricity generated in proportion to the size of the subscriber's subscription. new text end

new text begin (d) "Low- to moderate-income subscriber" or "LMI subscriber" means a subscriber that, at the time the community solar garden subscription is executed, is: (1) a low-income household, as defined under section 216B.2402, subdivision 16; or (2) a household whose income is 150 percent or less of the area median household income. new text end

new text begin (e) "Public interest subscriber" means a subscriber that demonstrates status as a public or Tribal entity, school, nonprofit organization, house of worship, or social service provider. new text end

new text begin (f) "Subscribed energy" means electricity generated by the community solar garden that is attributable to a subscriber's subscription. new text end

new text begin (g) "Subscriber" means a retail customer who owns one or more subscriptions of a community solar garden interconnected with the retail customer's utility. new text end

new text begin (h) "Subscriber organization" means a developer or owner of a community solar garden. new text end

new text begin (i) "Subscription" means a contract between a subscriber and subscriber organization. new text end

new text begin (j) "Utility" means the public utility subject to section 116C.779. new text end

new text begin Subd. 3. new text end

new text begin Applicability; scope; limitation. new text end

new text begin (a) Subdivisions 2 to 13 apply to community solar gardens approved for the program beginning January 1, 2024. new text end

new text begin (b) Except as otherwise modified, replaced, or superseded by subdivisions 2 to 13, any commission order that applies to the legacy program under subdivision 1 applies to subdivisions 2 to 13. new text end

new text begin (c) Notwithstanding any other law, a subscriber organization or a subscriber must not be deemed a utility solely as a result of the subscriber organization's or subscriber's participation in a community solar garden. new text end

new text begin Subd. 4. new text end

new text begin Community solar garden program administration. new text end

new text begin (a) The commissioner must administer the community garden program. The commissioner must: new text end

new text begin (1) collect and evaluate community solar garden applications from subscriber organizations; new text end

new text begin (2) audit or verify that project eligibility criteria have been met, as necessary; new text end

new text begin (3) pursuant to subdivision 7, allocate community solar garden capacity to approved community solar gardens, subject to the annual capacity limit; new text end

new text begin (4) develop procedures to carry out the duties under this section, including establishing procedures and a timeline to allocate community solar garden capacity under subdivision 7; and new text end

new text begin (5) enforce the consumer protections under subdivisions 9 to 11. new text end

new text begin (b) The commissioner is authorized to access information regarding a subscriber's net electricity bill savings or any charges that the subscriber pays. new text end

new text begin Subd. 5. new text end

new text begin Application; registration. new text end

new text begin (a) A subscriber organization must submit an application to the commissioner, on a form prescribed by the commissioner, to receive approval for a proposed community solar garden project. new text end

new text begin (b) A community solar garden application must contain, at a minimum: new text end

new text begin (1) a copy of a signed interconnection agreement between the subscriber organization and the utility, except that information that the subscriber organization cannot reasonably determine without approval of the proposed community solar garden is not required; new text end

new text begin (2) a copy of any required nonministerial permits that have been approved by the local authority that has jurisdiction over the project; new text end

new text begin (3) a copy of the community solar garden's subscription contract, including: (i) the information provided to potential subscribers that discloses future costs and benefits of subscriptions; and (ii) any rules, fees, and charges; new text end

new text begin (4) information regarding the community solar garden's program design with respect to potential subscribers, itemized by subscriber type; new text end

new text begin (5) proof of legally binding site control of the community solar garden's proposed location; new text end

new text begin (6) any information necessary for the commissioner to allocate annual community solar garden program capacity under subdivision 7, paragraph (b); and new text end

new text begin (7) any other information the commissioner deems necessary to administer the community solar garden program. new text end

new text begin (c) The commissioner must approve a community solar garden that submits the information required under paragraph (b), unless the total annual capacity threshold has been met or the commissioner determines approving the community solar garden is not in the public interest. An application that is deemed in the public interest, but not allocated capacity in a particular program year, must be held in queue for the program year and allocated capacity if any capacity becomes available during the program year. new text end

new text begin Subd. 6. new text end

new text begin Eligible project; other requirements. new text end

new text begin (a) In order to be eligible for compensation under subdivision 8, a community solar garden must: (1) be connected to the utility's distribution system; (2) have a capacity, as defined under section 216B.164, subdivision 2a, paragraph (c), of no more than five megawatts; and (3) have at least 25 individual subscribers per megawatt of generation capacity, provided that a single subscriber does not possess more than a 40 percent interest in the community solar garden's total capacity. new text end

new text begin (b) A community solar garden subscriber must be located within the Minnesota service territory of the utility. new text end

new text begin (c) A contractor or subcontractor that constructs or installs a community solar garden that has a capacity of at least 1 megawatt: (1) must pay no less than the prevailing wage rate, as defined in section 177.42; and (2) is subject to the requirements and enforcement provisions under sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45. new text end

new text begin Subd. 7. new text end

new text begin Annual capacity limit; allocation. new text end

new text begin (a) Each program year the commissioner must allocate the community solar garden program's annual new capacity to eligible community solar gardens. The maximum cumulative annual capacity of new community solar gardens approved each program year under this subdivision is: new text end

new text begin (1) 100 megawatts in 2024, 2025, and 2026; new text end

new text begin (2) 80 megawatts in 2027, 2028, 2029, and 2030; and new text end

new text begin (3) 60 megawatts in 2031 and each year thereafter. new text end

new text begin (b) When allocating capacity to eligible community solar gardens, the commissioner must evaluate and prioritize capacity allocation to community solar garden applicants based on information provided in the community solar garden application regarding: new text end

new text begin (1) the degree to which subscribers, utility ratepayers, or the community surrounding the project receive the financial benefit of tax benefits and other incentives resulting from the community solar garden; new text end

new text begin (2) the scale of financial benefits the community solar garden delivers to LMI subscribers, affordable housing residents, and public interest subscribers, as well as the number of, and project capacity attributable to, LMI subscribers, affordable housing residents, and public interest subscribers; new text end

new text begin (3) community solar garden project ownership and financing arrangements that deliver benefits to public, nonprofit, cooperative, and Tribal entities; new text end

new text begin (4) whether the community solar garden uses nongreenfield locations, especially rooftops, carports, or sites that contain a hazardous substance, pollutant, or contaminant; new text end

new text begin (5) whether the community solar garden provides workforce development and apprenticeship opportunities, especially for workers who are Black, Indigenous, or Persons of Color; and new text end

new text begin (6) the resiliency benefits the community solar garden provides to the electrical grid or the local community. new text end

new text begin (c) The commissioner may allocate capacity to a community solar garden under this subdivision only if the application includes a subscription plan that ensures: new text end

new text begin (1) at least 30 percent of the community solar garden's capacity is subscribed to by LMI subscribers; and new text end

new text begin (2) at least 55 percent of the community solar garden's capacity is subscribed to by subscribers that are: new text end

new text begin (i) LMI subscribers; new text end

new text begin (ii) public interest subscribers; or new text end

new text begin (iii) an affordable housing provider, as determined by the commissioner. new text end

new text begin (d) A backup subscriber may subscribe to and receive bill credits for up to 15 percent of a community solar garden's annual capacity. In the event a community solar garden subscriber exits the community solar garden or is delinquent on the subscriber's utility bill, the backup subscriber may be automatically subscribed to up to 40 percent of the community solar garden's capacity for up to one year at the rates provided under subdivision 8, paragraph (b), clause (7). new text end

new text begin Subd. 8. new text end

new text begin Community solar garden compensation. new text end

new text begin (a) A utility must purchase electricity generated by a community solar garden approved for a period of 25 years from the date the community solar garden begins operations. A utility must compensate a community solar garden using a bill credit on each individual subscriber's bill, in an amount proportional to the subscriber's share in the community solar garden. new text end

new text begin (b) Beginning January 1, 2024, the utility must purchase energy generated by a community solar garden at the following rates provided for each subscriber type, as determined by the commission: new text end

new text begin (1) for a LMI subscriber, the average retail rate for residential customers; new text end

new text begin (2) for a residential subscriber that is not a LMI subscriber, 85 percent of the average retail rate for the applicable residential class customers; new text end

new text begin (3) for master-metered affordable housing, 80 percent of the average retail rate for residential customers; new text end

new text begin (4) for a public interest subscriber that is a small general commercial customer, 75 percent of the average retail rate for the customer's rate class; new text end

new text begin (5) for a public interest subscriber that is a general service commercial customer, 100 percent of the average retail rate for the customer's rate class; new text end

new text begin (6) for other commercial subscribers, 70 percent of the average retail rate for the customer's rate class; new text end

new text begin (7) for a community solar garden with at least 50 percent total capacity subscribed to by LMI subscribers: new text end

new text begin (i) up to one backup subscriber may receive 90 percent of the average retail rate for the regular commercial subscriber's customer class, plus additional compensation for demand charges based on 50 percent of the comparable photovoltaic demand credit rider; and new text end

new text begin (ii) a backup subscriber that subscribes to more than 15 percent of a community solar garden's total capacity for more than 12 consecutive months, the rate provided for other commercial subscribers under clause (6); and new text end

new text begin (8) for unsubscribed energy generated that is credited to the subscriber organization, the utility's avoided cost. new text end

new text begin Subd. 9. new text end

new text begin Subscriber organizations; prohibitions; requirements. new text end

new text begin (a) A subscriber organization and a subscriber organization's marketing representatives are prohibited from, with respect to a community solar garden: new text end

new text begin (1) checking the credit score or credit history of a new or existing residential subscriber; new text end

new text begin (2) charging an exit fee to a residential subscriber; new text end

new text begin (3) enrolling a subscriber without the subscriber's prior, voluntary consent; new text end

new text begin (4) engaging in misleading or deceptive conduct; and new text end

new text begin (5) making false or misleading representations. new text end

new text begin (b) A subscriber organization must preserve the privacy of subscribers. Except as otherwise authorized under subdivision 4, paragraph (b), a subscriber organization must not publicly disclose a subscriber's account information, energy usage, energy data, or bill credits, unless (1) the subscriber provides express, written, informed consent that authorizes disclosure of the subscriber's information, or (2) the subscription contract otherwise authorizes disclosure of the information. new text end

new text begin (c) A subscriber organization and a subscriber organization's marketing representatives must make reasonable efforts to provide subscribers with timely and accurate information regarding the community solar garden. The information must be provided in writing and in plain language, and must include but is not limited to information regarding rates, contract terms, termination fees, and the right to cancel a community solar garden subscription. new text end

new text begin (d) Beginning one year after a community solar garden begins operations and annually thereafter, a subscriber organization must publish a signed and notarized report that details the community solar garden's operations for the previous 12-month period. The report must contain, at a minimum: (1) the energy produced by the community solar garden; (2) financial statements, including a balance sheet, income statement, and a sources and uses of funds statement; and (3) a list of the individuals that currently own and manage the subscriber organization. The report under this paragraph must be provided to the commissioner, on a form prescribed by the commissioner, and to each of the community solar garden's subscribers. new text end

new text begin (e) A subscriber organization must annually publish a signed and notarized report that details the community solar garden's capacity allocated to relevant subscriber categories, including but not limited to: (1) LMI subscribers; (2) other residential subscribers; (3) affordable housing providers; (4) public interest subscribers, by type; (5) small subscriptions of up to 25 kilowatts; and (6) other subscribers, by type. new text end

new text begin Subd. 10. new text end

new text begin Subscriber protections. new text end

new text begin (a) A community solar garden subscription is transferable and portable, but only within the utility's Minnesota service territory. new text end

new text begin (b) The cost of a subscriber's community solar garden subscription must not exceed the value of the subscriber's community solar garden bill credit. For a LMI subscriber, the cost of the community solar garden subscription must not exceed 90 percent of the LMI subscriber's community solar garden bill credit and must not include any fees at the time the subscription is executed. new text end

new text begin (c) A utility must offer consolidated billing for community solar garden subscribers so that a subscriber receives only one bill for both the subscribers's monthly electric service and the community solar garden subscription. A utility must offer consolidated billing under this paragraph for community solar garden subscribers no later than January 1, 2024. The commission may modify the date required by this paragraph if the utility demonstrates to the commission that implementing consolidated billing by January 1, 2024, is unreasonably burdensome. A subscriber may elect, but is not required, to use consolidated billing under this paragraph. new text end

new text begin (d) A subscriber must be provided an opportunity to submit comments to the subscriber organization regarding the annual report submitted under subdivision 9, paragraph (d), regarding the accuracy and completeness of the report. new text end

new text begin Subd. 11. new text end

new text begin Nonsubscriber protections. new text end

new text begin (a) A utility must exclude from the fuel adjustment charged to a utility customer the net cost of community solar garden generation under this section if the utility customer (1) receives or is eligible for bill payment assistance, and (2) does not subscribe to a community solar garden under this section. new text end

new text begin (b) The commission must determine the net cost of community solar garden generation under this section for purposes of paragraph (a). new text end

new text begin Subd. 12. new text end

new text begin Noncompliance. new text end

new text begin A community solar garden that has begun commercial operation must notify the commissioner in writing within 30 days if the community solar garden is not in compliance with subdivision 6, 7, 9 or 10, and must comply within 12 months or the commissioner must revoke the solar garden's participation in the program. Nothing in this subdivision prevents a subscriber organization from reapplying to participate in the program after revocation. new text end

new text begin Subd. 13. new text end

new text begin Report. new text end

new text begin No later than January 31 each year beginning in 2025, the commissioner must prepare and submit to the legislative committees having primary jurisdiction over energy and climate policy a report that aggregates the information received in the reports under subdivision 9, paragraphs (d) and (e). new text end

new text begin Subd. 14. new text end

new text begin Transition from legacy program. new text end

new text begin (a) From the effective date of this section to the date the commissioner begins allocating capacity under subdivision 7, but no later than December 31, 2023, a subscriber organization may submit a community solar garden project application to the utility for the legacy program under subdivision 1 or to the commissioner for the program under subdivisions 3 to 12. new text end

new text begin (b) The utility administering the legacy program under subdivision 1 must act in good faith to continue processing applications for the legacy program until December 31, 2023. An application for the legacy program that is approved on or before December 31, 2023, is eligible to become a community solar garden under subdivisions 3 to 12, provided the proposed community solar garden complies with subdivisions 3 to 12. 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. 15.

Minnesota Statutes 2022, section 216B.1645, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Settlement with Mdewakanton Dakota Tribal Council atdeleted text end new text begin Payments to thenew text end Prairie Islandnew text begin Indian Communitynew text end .

new text begin (a) new text end The commission shall approve a rate schedule providing for the automatic adjustment of charges to recover the costs or expenses of a settlement between the public utility that owns the Prairie Island nuclear generation facility and the deleted text begin Mdewakanton Dakota Tribal Councildeleted text end new text begin Prairie Island Indian Communitynew text end at Prairie Island, resolving outstanding disputes regarding the provisions of Laws 1994, chapter 641, article 1, section 4. The settlement must provide for annual payments, not to exceed $2,500,000 annually, by the public utility to the Prairie Island Indian Community, to be used for, among other purposes, acquiring deleted text begin up to 1,500 contiguous or noncontiguous acres ofdeleted text end land in Minnesota within 50 miles of the tribal community's reservation at Prairie Island to be taken into trust by the federal government for the benefit of the tribal community deleted text begin for housing and other residential purposesdeleted text end . The legislature acknowledges that the intent to purchase land by the tribe for relocation purposes is part of the settlement agreement and Laws 2003, First Special Session chapter 11. However, the state, through the governor, reserves the right to support or oppose any particular application to place land in trust status.

new text begin (b) In addition to payments required under paragraph (a), the public utility that owns the Prairie Island nuclear generating facility must make the following annual payments to the Prairie Island Indian Community: new text end

new text begin (1) $7,500,000 for each year the Prairie Island nuclear generating facility is in licensed operation; and new text end

new text begin (2) $50,000 for each dry cask or container containing spent fuel that is located at the Prairie Island nuclear generating facility, whether or not the plant is in licensed operation. new text end

new text begin (c) The commission shall approve a rate schedule providing for the automatic adjustment of charges to retail electricity customers of the public utility that owns the Prairie Island nuclear generating facility to recover the amounts in paragraph (b), clauses (1) and (2). new text end

new text begin (d) Paragraphs (b) and (c) apply only if the public utility that owns the Prairie Island nuclear generation facility enters into a new or amended settlement agreement with the Prairie Island Indian Community. new text end

new text begin (e) Payments made under this subdivision may be used by the Prairie Island Indian Community for any purpose benefitting the Prairie Island Indian Community. Payments made under this subdivision shall constitute prudent operating expenses for the public utility that owns the Prairie Island nuclear generation facility, and shall constitute consideration for any amended settlement agreement entered into between the public utility and the Prairie Island Indian Community. This subdivision is intended to apply to any successors in interest or assignees of the Prairie Island nuclear generation facility and Prairie Island Independent Spent Fuel Storage Installation. new text end

new text begin (f) The commission's approval of a certificate of need under section 216B.243 allowing for the additional storage of spent nuclear fuel necessary for the extended operation of the Prairie Island nuclear plant is effective only if the governor, on behalf of the state, and the public utility operating the Prairie Island nuclear generating plant enter into an agreement binding the parties to the required payments and payment recovery terms of paragraphs (b) and (c). The Prairie Island Indian Community is an intended beneficiary of this agreement and has standing to enforce the agreement. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024. new text end

Sec. 16.

Minnesota Statutes 2022, section 216B.1691, is amended by adding a subdivision to read:

new text begin Subd. 2h. new text end

new text begin Distributed solar energy standard. new text end

new text begin (a) For the purposes of this subdivision, the following terms have the meanings given: new text end

new text begin (1) "capacity" has the meaning given in section 216B.164, subdivision 2a; new text end

new text begin (2) "industrial customer" means a retail electricity customer: new text end

new text begin (i) whose numerical classification under the North American Industry Classification System begins with the numbers 31, 32, or 33; new text end

new text begin (ii) that is a pipeline, as defined in section 216G.01, subdivision 3; or new text end

new text begin (iii) that is an iron mining extraction and processing facility, including a scram mining facility, as defined in Minnesota Rules, part 6130.0100, subpart 16; and new text end

new text begin (3) "solar energy generating system" has the meaning given in section 216E.01, subdivision 9a. new text end

new text begin (b) In addition to the other requirements of this section, by the end of 2030, the following proportions of a public utility's total retail electric sales in Minnesota must be generated from solar energy generating systems: new text end

new text begin (1) for a public utility with at least 200,000 retail electric customers in Minnesota, at least three percent; new text end

new text begin (2) for a public utility with at least 100,000 but fewer than 200,000 retail electric customers in Minnesota, at least three percent; and new text end

new text begin (3) for a public utility with fewer than 100,000 retail electric customers in Minnesota, at least one percent. new text end

new text begin For a public utility subject to clause (2) or (3), sales to industrial customers in Minnesota must be subtracted from the utility's total retail electric sales for the purpose of calculating total retail electric sales in Minnesota. new text end

new text begin (c) To be counted toward a public utility's standard established in paragraph (a), a solar energy generating system must: new text end

new text begin (1) have a capacity of ten megawatts or less; new text end

new text begin (2) be connected to the public utility's distribution system; new text end

new text begin (3) be located in the Minnesota service territory of the public utility; and new text end

new text begin (4) be constructed or procured after August 1, 2023. new text end

new text begin (d) A solar energy generating system with a capacity of 100 kilowatts or more does not count toward compliance with the standard established in paragraph (a) unless the public utility verifies that construction trades workers who constructed the solar energy generating system were all paid no less than the prevailing wage rate, as defined in section 177.42, and whose employer participated in an apprenticeship program that is registered under chapter 178 or Code of Federal Regulations, title 29, part 29. new text end

new text begin (e) A public utility shall select projects to satisfy the standard established under this subdivision through a competitive bidding process approved by the commission. new text end

new text begin (f) The commission may modify or delay the implementation of the standard established under this subdivision in accordance with the provisions of subdivision 2b. 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. 17.

Minnesota Statutes 2022, section 216B.17, subdivision 1, is amended to read:

Subdivision 1.

Investigation.

On deleted text begin itsdeleted text end new text begin the commission'snew text end own motion or upon a complaint made against any public utilitydeleted text begin ,deleted text end by the governing body of any political subdivision, by another public utility, by the department, deleted text begin ordeleted text end by any 50 consumers of deleted text begin thedeleted text end new text begin anew text end particular utilitynew text begin , or by a complainant under section 216B.172new text end that any of the rates, tolls, tariffs, charges, or schedules or any joint rate or any regulation, measurement, practice, act, or omission affecting or relating to the production, transmission, delivery, or furnishing of natural gas or electricity or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate or cannot be obtained, the commission shall proceed, with notice, to make such investigation as it may deem necessary. The commission may dismiss any complaint without a hearing if in its opinion a hearing is not in the public interest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to any complaint filed with the commission on or after that date. new text end

Sec. 18.

new text begin [216B.172] CONSUMER DISPUTES. 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) "Appeal" means a request a complainant files with the commission to review and make a final decision regarding the resolution of the complainant's complaint by the consumer affairs office. new text end

new text begin (c) "Complainant" means an individual residential customer who files with the consumer affairs office a complaint against a public utility. new text end

new text begin (d) "Complaint" means an allegation submitted to the consumer affairs office by a complainant that a public utility's action or practice regarding billing or terms and conditions of service: new text end

new text begin (1) violates a statute, rule, tariff, service contract, or other provision of law; new text end

new text begin (2) is unreasonable; or new text end

new text begin (3) has harmed or, if not addressed, harms a complainant. new text end

new text begin Complaint does not include an objection to or a request to modify any natural gas or electricity rate contained in a tariff that has been approved by the commission. A complaint under this section is an informal complaint under Minnesota Rules, chapter 7829. new text end

new text begin (e) "Consumer affairs office" means the staff unit of the commission that is organized to receive and respond to complaints. new text end

new text begin (f) "Informal proceeding" has the meaning given in Minnesota Rules, part 7829.0100, subpart 8. new text end

new text begin (g) "Public assistance" has the meaning given in section 550.37, subdivision 14. new text end

new text begin (h) "Public utility" has the meaning given in section 216B.02, subdivision 4. new text end

new text begin Subd. 2. new text end

new text begin Complaint resolution procedure. new text end

new text begin A complainant must first attempt to resolve a dispute with a public utility by filing a complaint with the consumer affairs office. The consumer affairs office must: (1) notify the complainant of the resolution of the complaint; and (2) provide written notice of (i) the complainant's right to appeal the resolution to the commission, and (ii) the steps the complainant may take to appeal the resolution. Upon request, the consumer affairs office must provide to the complainant a written notice containing the substance of and basis for the resolution. Nothing in this section affects any other rights existing under this chapter or other law. new text end

new text begin Subd. 3. new text end

new text begin Appeal; final commission decision. new text end

new text begin (a) If a complainant is not satisfied with the resolution of a complaint by the consumer affairs office, the complainant may file an appeal with the commission requesting that the commission make a final decision on the complaint. The commission's response to an appeal filed under this subdivision must comply with the notice requirements under section 216B.17, subdivisions 2 to 5. new text end

new text begin (b) Upon the commission's receipt of an appeal filed under paragraph (a), the chair of the commission or a subcommittee delegated under section 216A.03, subdivision 8, to review the resolution of the complaint must decide whether the complaint be: new text end

new text begin (1) dismissed because there is no reasonable basis on which to proceed; new text end

new text begin (2) resolved through an informal commission proceeding; or new text end

new text begin (3) referred to the Office of Administrative Hearings for a contested case proceeding under chapter 14. new text end

new text begin A decision made under this paragraph must be provided in writing to the complainant and the public utility. new text end

new text begin (c) If the commission decides that the complaint be resolved through an informal proceeding before the commission or referred to the Office of Administrative Hearings for a contested case proceeding, the executive secretary must issue any procedural schedules, notices, or orders required to initiate an informal proceeding or a contested case. new text end

new text begin (d) The commission's dismissal of an appeal request or a decision rendered after conducting an informal proceeding is a final decision constituting an order or determination of the commission. new text end

new text begin Subd. 4. new text end

new text begin Judicial review. new text end

new text begin Notwithstanding section 216B.27, a complainant may seek judicial review in district court of an adverse final decision under subdivision 3, paragraph (b), clause (1) or (2). Judicial review of the commission's decision in a contested case referred under subdivision 3, paragraph (b), clause (3), is governed by chapter 14. new text end

new text begin Subd. 5. new text end

new text begin Right to service during pendency of dispute. new text end

new text begin A public utility must continue or promptly restore service to a complainant during the pendency of an administrative or judicial procedure pursued by a complainant under this section, provided that the complainant: new text end

new text begin (1) agrees to enter into a payment agreement under section 216B.098, subdivision 3; new text end

new text begin (2) posts the full disputed payment in escrow; new text end

new text begin (3) demonstrates receipt of public assistance or eligibility for legal aid services; or new text end

new text begin (4) demonstrates the complainant's household income is at or below 50 percent of the median income in Minnesota. new text end

new text begin Subd. 6. new text end

new text begin Rulemaking authority. new text end

new text begin The commission may adopt rules to carry out the purposes of this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to any complaint filed with the commission on or after that date. new text end

Sec. 19.

Minnesota Statutes 2022, section 216B.2402, subdivision 16, is amended to read:

Subd. 16.

Low-income household.

"Low-income household" means a household whose household incomenew text begin :new text end

new text begin (1)new text end is deleted text begin 60deleted text end new text begin 80new text end percent or less of the deleted text begin statedeleted text end new text begin areanew text end median household incomedeleted text begin .deleted text end new text begin for the geographic area in which the low-income household is located, as calculated by the United States Department of Housing and Urban Development; ornew text end

new text begin (2) meets the income eligibility standards, as determined by the commissioner, required for a household to receive financial assistance from a federal, state, municipal, or utility program administered or approved by the department. 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. 20.

Minnesota Statutes 2022, section 216B.2425, subdivision 3, is amended to read:

Subd. 3.

Commission approval.

new text begin (a) new text end By June 1 of each even-numbered year, the commission shall adopt a state transmission project list and shall certify, certify as modified, or deny certification of the transmission and distribution projects proposed under subdivision 2.new text begin Except as provided in paragraph (b),new text end the commission may only certify a project that is a high-voltage transmission line as defined in section 216B.2421, subdivision 2, that the commission finds is:

(1) necessary to maintain or enhance the reliability of electric service to Minnesota consumers;

(2) needed, applying the criteria in section 216B.243, subdivision 3; and

(3) in the public interest, taking into account electric energy system needs and economic, environmental, and social interests affected by the project.

new text begin (b) The commission may certify a project proposed under subdivision 2, paragraph (e), only if the commission finds the proposed project is in the public interest. new text end

Sec. 21.

Minnesota Statutes 2022, section 216B.2425, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Integrated distribution plan; contents. new text end

new text begin The public utility that owns a nuclear generating plant must include the following information in the public utility's annual integrated distribution plan filed with the commission, beginning with the plan due November 1, 2023: new text end

new text begin (1) a forecast of distribution system upgrades necessary to accommodate the interconnection of distributed generation resulting from the utility's compliance with sections 216B.1641 and 216B.1691, subdivision 2h, and other customer-sited projects, including energy storage systems; new text end

new text begin (2) an evaluation of measures that can reduce the need for or cost of distribution system upgrades to enable the interconnection of distributed generation resources, including but not limited to the employment of smart inverters, grid management tools, distributed energy resources management tools, and energy export tariffs; and new text end

new text begin (3) a discussion of alternative methods to allocate costs of distribution system upgrades among distributed generation owners or developers and ratepayers. 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. 22.

Minnesota Statutes 2022, section 216B.243, subdivision 8, as amended by Laws 2023, chapter 7, section 23, is amended to read:

Subd. 8.

Exemptions.

(a) This section does not apply to:

(1) cogeneration or small power production facilities as defined in the Federal Power Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and paragraph (18), subparagraph (A), and having a combined capacity at a single site of less than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or any case where the commission has determined after being advised by the attorney general that its application has been preempted by federal law;

(2) a high-voltage transmission line proposed primarily to distribute electricity to serve the demand of a single customer at a single location, unless the applicant opts to request that the commission determine need under this section or section 216B.2425;

(3) the upgrade to a higher voltage of an existing transmission line that serves the demand of a single customer that primarily uses existing rights-of-way, unless the applicant opts to request that the commission determine need under this section or section 216B.2425;

(4) a high-voltage transmission line of one mile or less required to connect a new or upgraded substation to an existing, new, or upgraded high-voltage transmission line;

(5) conversion of the fuel source of an existing electric generating plant to using natural gas;

(6) the modification of an existing electric generating plant to increase efficiency, as long as the capacity of the plant is not increased more than ten percent or more than 100 megawatts, whichever is greater;

(7) a large wind energy conversion system, as defined in section 216F.01, subdivision 2, or a solar energy generating system, as defined in section 216E.01, subdivision 9a, deleted text begin if the system is owned and operated by an independent power producer and the electric output of the system:deleted text end new text begin for which a site permit application is submitted by an independent power producer under chapter 216E or 216F; ornew text end

deleted text begin (i) is not sold to an entity that provides retail service in Minnesota or wholesale electric service to another entity in Minnesota other than an entity that is a federally recognized regional transmission organization or independent system operator; or deleted text end

deleted text begin (ii) is sold to an entity that provides retail service in Minnesota or wholesale electric service to another entity in Minnesota other than an entity that is a federally recognized regional transmission organization or independent system operator, provided that the system represents solar or wind capacity that the entity purchasing the system's electric output was ordered by the commission to develop in the entity's most recent integrated resource plan approved under section 216B.2422; or deleted text end

(8) a large wind energy conversion system, as defined in section 216F.01, subdivision 2, or a solar energy generating system that is a large energy facility, as defined in section 216B.2421, subdivision 2, engaging in a repowering project that:

(i) will not result in the system exceeding the nameplate capacity under its most recent interconnection agreement; or

(ii) will result in the system exceeding the nameplate capacity under its most recent interconnection agreement, provided that the Midcontinent Independent System Operator has provided a signed generator interconnection agreement that reflects the expected net power increase.

(b) For the purpose of this subdivision, "repowering project" means:

(1) modifying a large wind energy conversion system or a solar energy generating system that is a large energy facility to increase its efficiency without increasing its nameplate capacity;

(2) replacing turbines in a large wind energy conversion system without increasing the nameplate capacity of the system; or

(3) increasing the nameplate capacity of a large wind energy conversion system.

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 2022, section 216B.50, subdivision 1, is amended to read:

Subdivision 1.

Commission approval required.

No public utility shall sell, acquire, lease, or rent any plant as an operating unit or system in this state for a total consideration in excess of deleted text begin $100,000deleted text end new text begin $1,000,000new text end , or merge or consolidate with another public utility or transmission company operating in this state, without first being authorized so to do by the commission. Upon the filing of an application for the approval and consent of the commission, the commission shall investigate, with or without public hearing. The commission shall hold a public hearing, upon such notice as the commission may require. If the commission finds that the proposed action is consistent with the public interest, it shall give its consent and approval by order in writing. In reaching its determination, the commission shall take into consideration the reasonable value of the property, plant, or securities to be acquired or disposed of, or merged and consolidated.

This section does not apply to the purchase of property to replace or add to the plant of the public utility by construction.

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 2022, section 216B.62, subdivision 3b, is amended to read:

Subd. 3b.

Assessment for department regional and national duties.

deleted text begin (a)deleted text end In addition to other assessments in subdivision 3, the department may assess up to deleted text begin $500,000deleted text end new text begin $1,000,000new text end per fiscal year to perform the duties under section 216A.07, subdivision 3a, and to conduct analysis that assesses energy grid reliability at state, regional, and national levels. The amount in this subdivision shall be assessed to energy utilities in proportion to their respective gross operating revenues from retail sales of gas or electric service within the state during the last calendar year and shall be deposited into an account in the special revenue fund and is appropriated to the commissioner of commerce for the purposes of section 216A.07, subdivision 3a. An assessment made under this subdivision is not subject to the cap on assessments provided in subdivision 3 or any other law. For the purpose of this subdivision, an "energy utility" means public utilities, generation and transmission cooperative electric associations, and municipal power agencies providing natural gas or electric service in the state.

deleted text begin (b) By February 1, 2023, the commissioner of commerce must submit a written report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over energy policy. The report must describe how the department has used utility grid assessment funding under paragraph (a) and must explain the impact the grid assessment funding has had on grid reliability in Minnesota. deleted text end

deleted text begin (c) This subdivision expires June 30, 2023. deleted 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. 25.

new text begin [216B.631] COMPENSATION FOR PARTICIPANTS IN PROCEEDINGS. 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) "Participant" means a person who files comments or appears in a commission proceeding concerning one or more public utilities, excluding public hearings held in contested cases and commission proceedings conducted to receive general public comments. new text end

new text begin (c) "Party" means a person by or against whom a proceeding before the commission is commenced or a person permitted to intervene in a proceeding, other than public hearings, concerning one or more public utilities. new text end

new text begin (d) "Proceeding" means: new text end

new text begin (1) a rate change proceeding under section 216B.16, including a request to withdraw, defer, or modify a petition to change rates; new text end

new text begin (2) a proceeding in which the commission considers a utility request for cost recovery through general rates or riders; new text end

new text begin (3) a proceeding in which the commission considers a determination related to ratepayer protections, service quality, or disconnection policies and practices, including but not limited to utility compliance with the requirements of sections 216B.091 to 216B.0993; new text end

new text begin (4) a proceeding in which the commission considers determinations directly related to low-income affordability programs, including but not limited to utility compliance with the requirements of section 216B.16, subdivisions 14, 15, and 19, paragraph (a), clause (3); new text end

new text begin (5) a proceeding related to the design or approval of utility tariffs or rates; new text end

new text begin (6) a proceeding related to utility performance measures or incentives, including but not limited to proceedings under sections 216B.16, subdivision 19, paragraph (h); 216B.167; and 216B.1675; new text end

new text begin (7) proceedings related to distribution system planning and grid modernization, including but not limited to proceedings in compliance with the requirements in section 216B.2425, subdivision 2, paragraph (e); new text end

new text begin (8) investigations or inquiries initiated by the commission or the Department of Commerce; or new text end

new text begin (9) proceedings related to utility pilot programs in which the commission considers a proposal with a proposed cost of at least $5,000,000. new text end

new text begin (e) "Public utility" has the meaning given in section 216B.02, subdivision 4. new text end

new text begin Subd. 2. new text end

new text begin Participants; eligibility. new text end

new text begin Any of the following participants is eligible to receive compensation under this section: new text end

new text begin (1) a nonprofit organization that: new text end

new text begin (i) is exempt from taxation under section 501(c)(3) of the Internal Revenue Code; new text end

new text begin (ii) is incorporated or organized in Minnesota; new text end

new text begin (iii) is governed under chapter 317A or section 322C.1101; and new text end

new text begin (iv) the commission determines under subdivision 3, paragraph (c), would suffer financial hardship if not compensated for the nonprofit organization's participation in the applicable proceeding; or new text end

new text begin (2) a Tribal government of a federally recognized Indian Tribe that is located in Minnesota. new text end

new text begin Subd. 3. new text end

new text begin Compensation; conditions. new text end

new text begin (a) The commission may order a public utility to compensate all or part of a participant's reasonable costs incurred to participate in a proceeding before the commission if the participant is eligible under subdivision 2 and the commission finds: new text end

new text begin (1) that the participant has materially assisted the commission's deliberation; and new text end

new text begin (2) if the participant is a nonprofit organization, that the participant would suffer financial hardship if the nonprofit organization's participation in the proceeding was not compensated. new text end

new text begin (b) In determining whether a participant has materially assisted the commission's deliberation, the commission must find that: new text end

new text begin (1) the participant made a unique contribution to the record and represented an interest that would not otherwise have been adequately represented; new text end

new text begin (2) the evidence or arguments presented or the positions taken by the participant were an important factor in producing a fair decision; new text end

new text begin (3) the participant's position promoted a public purpose or policy; new text end

new text begin (4) the evidence presented, arguments made, issues raised, or positions taken by the participant would not otherwise have been part of the record; new text end

new text begin (5) the participant was active in any stakeholder process included in the proceeding; and new text end

new text begin (6) the proceeding resulted in a commission order that adopted, in whole or in part, a position advocated by the participant. new text end

new text begin (c) In determining whether a nonprofit participant has demonstrated that a lack of compensation would present financial hardship, the commission must find that the nonprofit participant: new text end

new text begin (1) had an average annual payroll expense less than $600,000 for participation in commission proceedings over the previous three years; and new text end

new text begin (2) has fewer than 30 full-time equivalent employees. new text end

new text begin (d) In reviewing a compensation request, the commission must consider whether the costs presented in the participant's claim are reasonable. If the commission determines that an eligible participant materially assisted the commission's deliberation, the commission shall award all or part of the requested compensation, up to the maximum amounts provided under subdivision 4. new text end

new text begin Subd. 4. new text end

new text begin Compensation; amount. new text end

new text begin (a) Compensation must not exceed $50,000 for a single participant in any proceeding, except that: new text end

new text begin (1) if a proceeding extends longer than 12 months, a participant may request and be awarded compensation of up to $50,000 for costs incurred in each calendar year; and new text end

new text begin (2) for a contested case proceeding, a participant may request and be awarded up to $75,000. new text end

new text begin (b) No single participant may be awarded more than $200,000 under this section in a single calendar year. new text end

new text begin (c) Compensation requests from joint participants must be presented as a single request. new text end

new text begin (d) Notwithstanding paragraphs (a) and (b), the commission must not, in any calendar year, require a single public utility to pay aggregate compensation under this section that exceeds the following amounts: new text end

new text begin (1) $100,000, for a public utility with up to $300,000,000 annual gross operating revenue in Minnesota; new text end

new text begin (2) $275,000, for a public utility with at least $300,000,000 but less than $900,000,000 annual gross operating revenue in Minnesota; new text end

new text begin (3) $375,000, for a public utility with at least $900,000,000 but less than $2,000,000,000 annual gross operating revenue in Minnesota; and new text end

new text begin (4) $1,250,000, for a public utility with $2,000,000,000 or more annual gross operating revenue in Minnesota. new text end

new text begin (e) When requests for compensation from any public utility approach the limits established in paragraph (d), the commission may give priority to requests from participants that received less than $150,000 in total compensation during the previous two years and from participants who represent residential ratepayers, particularly those residential ratepayers who the participant can demonstrate have been underrepresented in past commission proceedings. new text end

new text begin Subd. 5. new text end

new text begin Compensation; process. new text end

new text begin (a) A participant seeking compensation must file a request and an affidavit of service with the commission, and serve a copy of the request on each party to the proceeding. The request must be filed no more than 30 days after the later of: new text end

new text begin (1) the expiration of the period within which a petition for rehearing, amendment, vacation, reconsideration, or reargument must be filed; or new text end

new text begin (2) the date the commission issues an order following rehearing, amendment, vacation, reconsideration, or reargument. new text end

new text begin (b) A compensation request must include: new text end

new text begin (1) the name and address of the participant or nonprofit organization the participant is representing; new text end

new text begin (2) evidence of the organization's nonprofit, tax-exempt status, if applicable; new text end

new text begin (3) the name and docket number of the proceeding for which compensation is requested; new text end

new text begin (4) for a nonprofit participant, evidence supporting the nonprofit organization's eligibility for compensation under the financial hardship test under subdivision 3, paragraph (c); new text end

new text begin (5) amounts of compensation awarded to the participant under this section during the current year and any pending requests for compensation, itemized by docket; new text end

new text begin (6) an itemization of the participant's costs, not including overhead costs; new text end

new text begin (7) participant revenues dedicated to the proceeding; new text end

new text begin (8) the total compensation request; and new text end

new text begin (9) a narrative describing the unique contribution made to the proceeding by the participant. new text end

new text begin (c) A participant must comply with reasonable requests for information by the commission and other parties or participants. A participant must reply to information requests within ten calendar days of the date the request is received, unless doing so would place an extreme hardship upon the replying participant. The replying participant must provide a copy of the information to any other participant or interested person upon request. Disputes regarding information requests may be resolved by the commission. new text end

new text begin (d) A party or participant objecting to a request for compensation must, within 30 days after service of the request for compensation, file a response and an affidavit of service with the commission. A copy of the response must be served on the requesting participant and all other parties to the proceeding. new text end

new text begin (e) The requesting participant may file a reply with the commission within 15 days after a response is filed under paragraph (d). A copy of the reply and an affidavit of service must be served on all other parties to the proceeding. new text end

new text begin (f) If additional costs are incurred by a participant as a result of additional proceedings following the commission's initial order, the participant may file an amended request within 30 days after the commission issues an amended order. Paragraphs (b) to (e) apply to an amended request. new text end

new text begin (g) The commission must issue a decision on participant compensation within 120 days of the date a request for compensation is filed by a participant. new text end

new text begin (h) The commission may extend the deadlines in paragraphs (d), (e), and (g) for up to 30 days upon the request of a participant or on the commission's own initiative. new text end

new text begin (i) A participant may request reconsideration of the commission's compensation decision within 30 days of the decision date. new text end

new text begin Subd. 6. new text end

new text begin Compensation; orders. new text end

new text begin (a) If the commission issues an order requiring payment of participant compensation, the public utility that was the subject of the proceeding must pay the full compensation to the participant and file proof of payment with the commission within 30 days after the later of: new text end

new text begin (1) the expiration of the period within which a petition for reconsideration of the commission's compensation decision must be filed; or new text end

new text begin (2) the date the commission issues an order following reconsideration of the commission's order on participant compensation. new text end

new text begin (b) If the commission issues an order requiring payment of participant compensation in a proceeding involving multiple public utilities, the commission must apportion costs among the public utilities in proportion to each public utility's annual revenue. new text end

new text begin (c) The commission may issue orders necessary to allow a public utility to recover the costs of participant compensation on a timely basis. new text end

new text begin Subd. 7. new text end

new text begin Report. new text end

new text begin By July 1, 2026, the commission must report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over energy policy on the operation of this section. The report must include but is not limited to: new text end

new text begin (1) the amount of compensation paid each year by each utility; new text end

new text begin (2) each recipient of compensation, the commission dockets in which compensation was awarded, and the compensation amounts; and new text end

new text begin (3) the impact of the participation of compensated participants. new text end

new text begin Subd. 8. new text end

new text begin Sunset. new text end

new text begin This section expires July 1, 2031. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to any proceeding in which the commission has not issued a final order as of that date. new text end

Sec. 26.

Minnesota Statutes 2022, section 216C.08, is amended to read:

216C.08 JURISDICTION.

The commissioner has sole authority and responsibility for the administration of sections 216C.05 to 216C.30new text begin and 216C.375new text end . Other laws notwithstanding, the authority granted the commissioner shall supersede the authority given any other agency whenever overlapping, duplication, or additional administrative or legal procedures might occur in the administration of sections 216C.05 to 216C.30new text begin and 216C.375new text end . The commissioner shall consult with other state departments or agencies in matters related to energy and shall contract with them to provide appropriate services to effectuate the purposes of sections 216C.05 to 216C.30new text begin and 216C.375new text end . Any other department, agency, or official of this state or political subdivision thereof which would in any way affect the administration or enforcement of sections 216C.05 to 216C.30new text begin and 216C.375new text end shall cooperate and coordinate all activities with the commissioner to assure orderly and efficient administration and enforcement of sections 216C.05 to 216C.30new text begin and 216C.375new text end .

The commissioner shall designate a liaison officer whose duty shall be to insure the maximum possible consistency in procedures and to eliminate duplication between the commissioner and the other agencies that may be involved in energy.

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 2022, section 216C.09, is amended to read:

216C.09 COMMISSIONER DUTIES.

(a) The commissioner shall:

(1) manage the department as the central repository within the state government for the collection of data on energy;

(2) prepare and adopt an emergency allocation plan specifying actions to be taken in the event of an impending serious shortage of energy, or a threat to public health, safety, or welfare;

(3) undertake a continuing assessment of trends in the consumption of all forms of energy and analyze the social, economic, and environmental consequences of these trends;

(4) carry out energy conservation measures as specified by the legislature and recommend to the governor and the legislature additional energy policies and conservation measures as required to meet the objectives of sections 216C.05 to 216C.30new text begin and 216C.375new text end ;

(5) collect and analyze data relating to present and future demands and resources for all sources of energy;

(6) evaluate policies governing the establishment of rates and prices for energy as related to energy conservation, and other goals and policies of sections 216C.05 to 216C.30new text begin and 216C.375new text end , and make recommendations for changes in energy pricing policies and rate schedules;

(7) study the impact and relationship of the state energy policies to international, national, and regional energy policies;

(8) design and implement a state program for the conservation of energy; this program shall include but not be limited to, general commercial, industrial, and residential, and transportation areas; such program shall also provide for the evaluation of energy systems as they relate to lighting, heating, refrigeration, air conditioning, building design and operation, and appliance manufacturing and operation;

(9) inform and educate the public about the sources and uses of energy and the ways in which persons can conserve energy;

(10) dispense funds made available for the purpose of research studies and projects of professional and civic orientation, which are related to either energy conservation, resource recovery, or the development of alternative energy technologies which conserve nonrenewable energy resources while creating minimum environmental impact;

(11) charge other governmental departments and agencies involved in energy-related activities with specific information gathering goals and require that those goals be met;

(12) design a comprehensive program for the development of indigenous energy resources. The program shall include, but not be limited to, providing technical, informational, educational, and financial services and materials to persons, businesses, municipalities, and organizations involved in the development of solar, wind, hydropower, peat, fiber fuels, biomass, and other alternative energy resources. The program shall be evaluated by the alternative energy technical activity; and

(13) dispense loans, grants, or other financial aid from money received from litigation or settlement of alleged violations of federal petroleum-pricing regulations made available to the department for that purpose.

(b) Further, the commissioner may participate fully in hearings before the Public Utilities Commission on matters pertaining to rate design, cost allocation, efficient resource utilization, utility conservation investments, small power production, cogeneration, and other rate issues. The commissioner shall support the policies stated in section 216C.05 and shall prepare and defend testimony proposed to encourage energy conservation improvements as defined in section 216B.241.

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 2022, section 216C.264, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the meanings given. new text end

new text begin (b) "Low-income conservation program" means a utility program that offers energy conservation services to low-income households under sections 216B.2403, subdivision 5, and 216B.241, subdivision 7. new text end

new text begin (c) "Preweatherization measure" has the meaning given in section 216B.2402, subdivision 20. new text end

new text begin (d) "Weatherization assistance program" means the federal program described in Code of Federal Regulations, title 10, part 440 et seq., designed to assist low-income households reduce energy use. new text end

new text begin (e) "Weatherization assistance services" means the energy measures installed in households under the weatherization assistance program. new text end

Sec. 29.

Minnesota Statutes 2022, section 216C.264, is amended by adding a subdivision to read:

new text begin Subd. 1b. new text end

new text begin Establishment; purpose. new text end

new text begin A preweatherization program is established in the department. The purpose of the program is to provide grants for preweatherization services, as defined under section 216B.2402, subdivision 20, in order to expand the breadth and depth of services provided to income-eligible households in Minnesota. new text end

Sec. 30.

Minnesota Statutes 2022, section 216C.264, is amended by adding a subdivision to read:

new text begin Subd. 1c. new text end

new text begin Preweatherization account. new text end

new text begin (a) A preweatherization account is created as a separate account in the special revenue fund of the state treasury. The account consists of money provided by law, donated, allotted, transferred, or otherwise provided to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund and remains in the account until expended. The commissioner must manage the account. new text end

new text begin (b) Money in the account is appropriated to the commissioner to pay for (1) grants issued under the program, and (2) the reasonable costs incurred by the commissioner to administer the program. new text end

Sec. 31.

Minnesota Statutes 2022, section 216C.264, subdivision 5, is amended to read:

Subd. 5.

Grant allocation.

new text begin (a) new text end The commissioner must distribute supplementary state grants in a manner consistent with the goal of producing the maximum number of weatherized units. Supplementary state grants are provided primarily deleted text begin for the payment of additional labor costs for the federal weatherization program, and as an incentive for the increased production of weatherized units.deleted text end new text begin to pay for and may be used to:new text end

new text begin (1) address physical deficiencies in a residence that increase heat loss, including deficiencies that prohibit the residence from being eligible to receive federal weatherization assistance; new text end

new text begin (2) install eligible preweatherization measures established by the commissioner, as required under section 216B.241, subdivision 7, paragraph (g); new text end

new text begin (3) increase the number of weatherized residences; new text end

new text begin (4) conduct outreach activities to make income-eligible households aware of available weatherization services, to assist applicants in filling out applications for weatherization assistance, and to provide translation services when necessary; new text end

new text begin (5) enable projects in multifamily buildings to proceed even if the project cannot comply with the federal requirement that projects must be completed within the same federal fiscal year in which the project is begun; new text end

new text begin (6) expand weatherization training opportunities in existing and new training programs; new text end

new text begin (7) pay additional labor costs for the federal weatherization program; and new text end

new text begin (8) provide an incentive for the increased production of weatherized units. new text end

new text begin (b) new text end Criteria deleted text begin for the allocation ofdeleted text end new text begin used to allocatenew text end state grants to local agencies include existing local agency production levels, emergency needs, and the potential deleted text begin for maintainingdeleted text end new text begin to maintainnew text end or deleted text begin increasingdeleted text end new text begin increasenew text end acceptable levels of production in the area.

new text begin (c) new text end An eligible local agency may receive advance funding for 90 days' production, but thereafter must receive grants solely on the basis ofnew text begin thenew text end program criterianew text begin under this subdivisionnew text end .

Sec. 32.

Minnesota Statutes 2022, section 216C.264, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Supplemental preweatherization assistance program. new text end

new text begin The commissioner must provide grants to weatherization service providers to address physical deficiencies and install weatherization and preweatherization measures in residential buildings occupied by eligible low-income households. new text end

Sec. 33.

new text begin [216C.2641] WEATHERIZATION TRAINING GRANT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of commerce must establish a weatherization training grant program to award grants to train workers for careers in the weatherization industry. new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin (a) The commissioner must award grants through a competitive grant process. new text end

new text begin (b) An eligible entity under paragraph (c) seeking a grant under this section must submit a written application to the commissioner using a form developed by the commissioner. new text end

new text begin (c) The commissioner may award grants under this section only to: new text end

new text begin (1) a nonprofit organization exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code; new text end

new text begin (2) a labor organization, as defined in section 179.01, subdivision 6; or new text end

new text begin (3) a job training center or educational institution that the commissioner of commerce determines has the ability to train workers for weatherization careers. new text end

new text begin (d) Grant funds must be used to pay costs associated with training workers for careers in the weatherization industry, including related supplies, materials, instruction, and infrastructure. new text end

new text begin (e) When awarding grants under this section, the commissioner must give priority to applications that provide the highest quality training to prepare trainees for weatherization employment opportunities that meet technical standards and certifications developed by the Building Performance Institute, Inc., or the Standard Work Specifications developed by the United States Department of Energy for the federal Weatherization Assistance Program. new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin By January 15, 2025, and each January 15 thereafter, the commissioner must submit a report to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over energy policy. The report must detail the use of grant funds under this section, including data on the number of trainees trained and the career progress of trainees supported by prior grants. 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. 34.

new text begin [216C.331] ENERGY BENCHMARKING. 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) "Aggregated customer energy use data" means customer energy use data that is combined into one collective data point per time interval. Aggregated customer energy use data is data with any unique identifiers or other personal information removed that a qualifying utility collects and aggregates in at least monthly intervals for an entire building on a covered property. new text end

new text begin (c) "Benchmark" means to electronically input into a benchmarking tool the total energy use data and other descriptive information about a building that is required by a benchmarking tool. new text end

new text begin (d) "Benchmarking information" means data related to a building's energy use generated by a benchmarking tool, and other information about the building's physical and operational characteristics. Benchmarking information includes but is not limited to the building's: new text end

new text begin (1) address; new text end

new text begin (2) owner and, if applicable, the building manager responsible for operating the building's physical systems; new text end

new text begin (3) total floor area, expressed in square feet; new text end

new text begin (4) energy use intensity; new text end

new text begin (5) greenhouse gas emissions; and new text end

new text begin (6) energy performance score comparing the building's energy use with that of similar buildings. new text end

new text begin (e) "Benchmarking tool" means the United States Environmental Protection Agency's Energy Star Portfolio Manager tool or an equivalent tool determined by the commissioner. new text end

new text begin (f) "Covered property" means any property that is served by an investor-owned utility in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County, or in any city outside the metropolitan area with a population of over 50,000 residents served by a municipal energy utility or investor-owned utility, and that has one or more buildings containing in sum 50,000 gross square feet or greater. Covered property does not include: new text end

new text begin (1) a residential property containing fewer than five dwelling units; new text end

new text begin (2) a property that is: (i) classified as manufacturing under the North American Industrial Classification System; (ii) an energy-intensive trade-exposed customer, as defined in section 216B.1696; (iii) an electric power generation facility; (iv) a mining facility; or (v) an industrial building otherwise incompatible with benchmarking in the benchmarking tool, as determined by the commissioner; new text end

new text begin (3) an agricultural building; new text end

new text begin (4) a multitenant building that is served by a utility that cannot supply aggregated customer usage data; or new text end

new text begin (5) other property types that do not meet the purposes of this section, as determined by the commissioner. new text end

new text begin (g) "Customer energy use data" means data collected from utility customer meters that reflect the quantity, quality, or timing of customers' energy use. new text end

new text begin (h) "Energy" means electricity, natural gas, steam, or another product used to: (1) provide heating, cooling, lighting, or water heating; or (2) power other end uses in a building. new text end

new text begin (i) "Energy performance score" means a numerical value from one to 100 that the Energy Star Portfolio Manager tool calculates to rate a building's energy efficiency against that of comparable buildings nationwide. new text end

new text begin (j) "Energy Star Portfolio Manager" means an interactive resource management tool developed by the United States Environmental Protection Agency that (1) enables the periodic entry of a building's energy use data and other descriptive information about a building, and (2) rates a building's energy efficiency against that of comparable buildings nationwide. new text end

new text begin (k) "Energy use intensity" means the total annual energy consumed in a building divided by the building's total floor area. new text end

new text begin (l) "Financial distress" means a covered property that, at the time benchmarking is conducted: new text end

new text begin (1) is the subject of a qualified tax lien sale or public auction due to property tax arrearages; new text end

new text begin (2) is controlled by a court-appointed receiver based on financial distress; new text end

new text begin (3) is owned by a financial institution through default by the borrower; new text end

new text begin (4) has been acquired by deed in lieu of foreclosure; or new text end

new text begin (5) has a senior mortgage that is subject to a notice of default. new text end

new text begin (m) "Local government" means a statutory or home rule municipality or county. new text end

new text begin (n) "Owner" means: new text end

new text begin (1) an individual or entity that possesses title to a covered property; or new text end

new text begin (2) an agent authorized to act on behalf of the covered property owner. new text end

new text begin (o) "Qualifying utility" means a utility serving the covered property, including: new text end

new text begin (1) an electric or gas utility, including: new text end

new text begin (i) an investor-owned electric or gas utility; or new text end

new text begin (ii) a municipally owned electric or gas utility; new text end

new text begin (2) a natural gas supplier with five or more active commercial connections, accounts, or customers in the state; or new text end

new text begin (3) a district steam, hot water, or chilled water provider. new text end

new text begin (p) "Tenant" means a person that occupies or holds possession of a building or part of a building or premises pursuant to a lease agreement. new text end

new text begin (q) "Total floor area" means the sum of gross square footage inside a building's envelope, measured between the outside exterior walls of the building. Total floor area includes covered parking structures. new text end

new text begin (r) "Utility customer" means the building owner or tenant listed on the utility's records as the customer liable for payment of the utility service or additional charges assessed on the utility account. new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner must establish and maintain a building energy benchmarking program. The purpose of the program is to: new text end

new text begin (1) make a building's owners, tenants, and potential tenants aware of (i) the building's energy consumption levels and patterns, and (ii) how the building's energy use compares with that of similar buildings nationwide; and new text end

new text begin (2) enhance the likelihood that an owner adopts energy conservation measures in the owner's building as a way to reduce energy use, operating costs, and greenhouse gas emissions. new text end

new text begin Subd. 3. new text end

new text begin Classification of covered properties. new text end

new text begin For the purposes of this section, a covered property is classified as follows: new text end

new text begin Class new text end new text begin Total Floor Area (square feet) new text end
new text begin 1 new text end new text begin 100,000 or more new text end
new text begin 2 new text end new text begin 50,000 to 99,999 new text end

new text begin Subd. 4. new text end

new text begin Benchmarking requirement. new text end

new text begin (a) An owner must annually benchmark all covered property owned as of December 31 in conformity with the schedule in subdivision 7. Energy use data must be compiled by: new text end

new text begin (1) obtaining the data from the utility providing the energy; or new text end

new text begin (2) reading a master meter. new text end

new text begin (b) Before entering information in a benchmarking tool, an owner must run all automated data quality assurance functions available within the benchmarking tool and must correct all data identified as missing or incorrect. new text end

new text begin (c) An owner who becomes aware that any information entered into a benchmarking tool is inaccurate or incomplete must amend the information in the benchmarking tool within 30 days of the date the owner learned of the inaccuracy. new text end

new text begin (d) Nothing in this subdivision prohibits an owner of property that is not a covered property from voluntarily benchmarking a property under this section. new text end

new text begin Subd. 5. new text end

new text begin Exemption for individual building. new text end

new text begin (a) The commissioner may exempt an owner of a specific covered property from the requirements of subdivision 4 if the owner provides evidence satisfactory to the commissioner that the covered property for which the owner is seeking an exemption: new text end

new text begin (1) is presently experiencing financial distress; new text end

new text begin (2) has been less than 50 percent occupied during the previous calendar year; new text end

new text begin (3) does not have a certificate of occupancy or temporary certificate of occupancy for the full previous calendar year; new text end

new text begin (4) was issued a demolition permit during the previous calendar year that remains current; or new text end

new text begin (5) received no energy services for at least 30 days during the previous calendar year. new text end

new text begin (b) An exemption granted under this subdivision applies only to a single calendar year. An owner must reapply to the commissioner each year an extension is sought. new text end

new text begin (c) Within 30 days of the date an owner makes a request under this paragraph, a tenant of a covered property subject to this section must provide the owner with any information regarding energy use of the tenant's rental unit that the property owner cannot otherwise obtain and that is needed by the owner to comply with this section. The tenant must provide the information required under this paragraph in a format approved by the commissioner. new text end

new text begin Subd. 6. new text end

new text begin Exemption by other government benchmarking program. new text end

new text begin An owner is exempt from the requirements of subdivision 4 for a covered property if the property is subject to a benchmarking requirement by the state, a city, or other political subdivision with a benchmarking requirement that the commissioner determines is equivalent or more stringent, as determined under subdivision 11, paragraph (b), than the benchmarking requirement established in this section. The exemption under this subdivision applies in perpetuity unless or until the benchmarking requirement is changed or revoked and the commissioner determines the benchmarking requirement is no longer equivalent nor more stringent. new text end

new text begin Subd. 7. new text end

new text begin Benchmarking schedule. new text end

new text begin (a) An owner must annually benchmark each covered property for the previous calendar year according to the following schedule: new text end

new text begin (1) all Class 1 properties by June 1, 2025, and by every June 1 thereafter; and new text end

new text begin (2) all Class 2 properties by June 1, 2026, and by every June 1 thereafter. new text end

new text begin (b) Beginning June 1, 2025, for Class 1 properties, and June 1, 2026, for Class 2 properties, an owner who is selling a covered property must provide the following to the new owner at the time of sale: new text end

new text begin (1) benchmarking information for the most recent 12-month period, including monthly energy use by source; or new text end

new text begin (2) ownership of the digital property record in the benchmarking tool through an online transfer. new text end

new text begin Subd. 8. new text end

new text begin Utility data requirements. new text end

new text begin (a) In implementing this section, a qualifying utility shall only aggregate customer energy use data of covered properties, and on or before January 1, 2025, a qualifying utility shall: new text end

new text begin (1) establish an aggregation standard whereby: new text end

new text begin (i) an aggregated customer energy use data set may include customer energy use data from no fewer than four customers. A single customer's energy use must not constitute more than 50 percent of total energy consumption for the requested data set; and new text end

new text begin (ii) customer energy use data sets containing three or fewer customers or with a single customer's energy use constituting more than 50 percent of total energy consumption may be provided upon the written consent of: new text end

new text begin (A) all customers included in the requested data set, in cases of three or fewer customers; or new text end

new text begin (B) any customer constituting more than 50 percent of total energy consumption for the requested data set; and new text end

new text begin (2) prepare and make available customer energy use data and aggregated customer energy use data upon the request of an owner. new text end

new text begin (b) Customer energy use data that a qualifying utility provides an owner pursuant to this subdivision must be: new text end

new text begin (1) available on, or able to be requested through, an easily navigable web portal or online request form using up-to-date standards for digital authentication; new text end

new text begin (2) provided to the owner within 30 days after receiving the owner's valid written or electronic request; new text end

new text begin (3) provided for at least 24 consecutive months of energy consumption or as many months of consumption data that are available if the owner has owned the building for less than 24 months; new text end

new text begin (4) directly uploaded to the owner's benchmarking tool account, delivered in the spreadsheet template specified by the benchmarking tool, or delivered in another format approved by the commissioner; new text end

new text begin (5) provided to the owner on at least an annual basis until the owner revokes the request for energy use data or sells the covered property; and new text end

new text begin (6) provided in monthly intervals, or the shortest available intervals based in billing. new text end

new text begin (c) Data necessary to establish, utilize, or maintain information in the benchmarking tool under this section may be collected or shared as provided by this section and are considered public data whether or not the data have been aggregated. new text end

new text begin (d) Notwithstanding any other provision of law, a qualifying utility shall not aggregate or anonymize customer energy use data of any customer exempted by the commissioner under section 216B.241 from contributing to investments and expenditures made by a qualifying utility under an energy and conservation optimization plan, unless the customer provides written consent to the qualifying utility. new text end

new text begin (e) Except as provided in paragraph (d), qualifying utilities may aggregate the customer energy use data of properties with a total floor area of less than 50,000 square feet if the property otherwise meets the definition of a covered property. new text end

new text begin Subd. 9. new text end

new text begin Data collection and management. new text end

new text begin (a) The commissioner must: new text end

new text begin (1) collect benchmarking information generated by a benchmarking tool and other related information for each covered property; new text end

new text begin (2) provide technical assistance to owners entering data into a benchmarking tool; new text end

new text begin (3) collaborate with the Department of Revenue to collect the data necessary for establishing the covered property list annually; and new text end

new text begin (4) provide technical guidance to utilities in the establishment of data aggregation and access tools. new text end

new text begin (b) Upon request of the commissioner, a county assessor shall provide by January 15 annually readily available property data necessary for the development of the covered property list, including but not limited to gross floor area, property type, and owner information. new text end

new text begin (c) The commissioner must: new text end

new text begin (1) rank benchmarked covered properties in each property class from highest to lowest performance score or, if a performance score is unavailable for a covered property, from lowest to highest energy use intensity; new text end

new text begin (2) divide covered properties in each property class into four quartiles based on the applicable measure in clause (1); new text end

new text begin (3) assign four stars to each covered property in the quartile of each property class with the highest performance scores or lowest energy use intensities, as applicable; new text end

new text begin (4) assign three stars to each covered property in the quartile of each property class with the second highest performance scores or second lowest energy use intensities, as applicable; new text end

new text begin (5) assign two stars to each covered property in the quartile of each property class with the third highest performance scores or third lowest energy use intensities, as applicable; new text end

new text begin (6) assign one star to each covered property in the quartile of each property class with the lowest performance scores or highest energy use intensities, as applicable; and new text end

new text begin (7) serve notice in writing to each owner identifying the number of stars assigned by the commissioner to each of the owner's covered properties. new text end

new text begin Subd. 10. new text end

new text begin Data disclosure to public. new text end

new text begin (a) The commissioner must post on the department's website and update by December 1 annually the following information for the previous calendar year: new text end

new text begin (1) annual summary statistics on energy use for all covered properties; new text end

new text begin (2) annual summary statistics on energy use for all covered properties, aggregated by covered property class, as defined in subdivision 3, city, and county; new text end

new text begin (3) the percentage of covered properties in each building class listed in subdivision 3 that are in compliance with the benchmarking requirements under subdivisions 4 to 7; and new text end

new text begin (4) for each covered property, at a minimum, the address, the total energy use, energy use intensity, annual greenhouse gas emissions, and an energy performance score, if available. new text end

new text begin (b) The commissioner must post the information required under this subdivision for: new text end

new text begin (1) all Class 1 properties by December 1, 2025, and by every December 1 thereafter; and new text end

new text begin (2) all Class 2 properties by December 1, 2026, and by every December 1 thereafter. new text end

new text begin Subd. 11. new text end

new text begin Coordination with other benchmarking programs. new text end

new text begin (a) The commissioner shall coordinate with any state agency or local government that implements an energy benchmarking program, including with respect to reporting requirements. new text end

new text begin (b) This section does not restrict a local government from adopting or implementing an ordinance or resolution that imposes more stringent benchmarking requirements. For purposes of this section, a local government benchmarking program is more stringent if the program requires: new text end

new text begin (1) buildings to be benchmarked that are not required to be benchmarked under this section; or new text end

new text begin (2) benchmarking of information that is not required to be benchmarked under this section. new text end

new text begin (c) Benchmarking program requirements of local governments must: new text end

new text begin (1) be at least as comprehensive in scope and application as the program operated under this section; and new text end

new text begin (2) include annual enforcement of a penalty on covered properties that do not comply with the local government's benchmarking ordinance. new text end

new text begin (d) Local governments must notify the commissioner of the local government's existing benchmarking ordinance requirements and of new, changed, or revoked ordinance requirements that would apply to the benchmarking schedule for the following year. new text end

new text begin (e) The commissioner must make available to local governments upon request all benchmarking data for covered properties within the local government's jurisdiction annually by December 1. new text end

new text begin Subd. 12. new text end

new text begin Building performance disclosure to occupants. new text end

new text begin The commissioner must provide disclosure materials for public display within a building to building owners, so that owners can prominently display the performance of the building. The materials must include the number of stars assigned to the building by the commissioner under subdivision 9, paragraph (c), and a relevant explanation of the rating. new text end

new text begin Subd. 13. new text end

new text begin Notifications. new text end

new text begin By March 1 each year, the commissioner must notify the owner of each covered property required to benchmark for the previous calendar year of the requirement to benchmark by June 1 of the current year. new text end

new text begin Subd. 14. new text end

new text begin Program implementation. new text end

new text begin The commissioner may contract with an independent third party to implement any or all of the commissioner's duties required under this section. The commissioner must assist owners to increase energy efficiency and reduce greenhouse gas emissions from the owners' covered properties, including by providing outreach, training, and technical assistance to owners to help owners' covered properties comply with the benchmarking program. new text end

new text begin Subd. 15. new text end

new text begin Account established; appropriation. new text end

new text begin (a) An energy benchmarking program account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money in the account at the end of a fiscal year does not cancel to the general fund but remains available in the account until expended. The commissioner shall manage the account. new text end

new text begin (b) Money in the account is appropriated to the commissioner to pay the reasonable costs of the department to administer this section. new text end

new text begin Subd. 16. new text end

new text begin Enforcement. new text end

new text begin By June 15 each year, the commissioner must notify the owner of each covered property that has failed to comply with this section that the owner has until July 15 to bring the covered property into compliance, unless the owner requests and receives an extension until August 15. If an owner fails to comply with the requirements of this section by July 15 and fails to request an extension by that date, or is given an extension and fails to comply by August 15, the commissioner may impose a civil fine of $1,000 on the owner. The commissioner may by rule increase the civil fine to adjust for inflation. new text end

new text begin Subd. 17. new text end

new text begin Recovery of expenses. new text end

new text begin The commission shall allow a public utility to recover reasonable and prudent expenses of implementing this section under section 216B.16, subdivision 6b. The costs and benefits associated with implementing this section may, at the discretion of the utility, be excluded from the calculation of net economic benefits for purposes of calculating the financial incentive to the public utility under section 216B.16, subdivision 6c. The energy and demand savings may, at the discretion of the public utility, be applied toward the calculation of overall portfolio energy and demand savings for purposes of determining progress toward annual goals under section 216B.241, subdivision 1c, and in the financial incentive mechanism under section 216B.16, subdivision 6c. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except that subdivision 15 is effective June 15, 2026. new text end

Sec. 35.

new text begin [216C.374] ELECTRIC SCHOOL BUS DEPLOYMENT PROGRAM. 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) "Battery exchange station" means a physical location deploying equipment that enables a used electric vehicle battery to be removed and exchanged for a fully charged electric vehicle battery. new text end

new text begin (c) "Electric school bus" means an electric vehicle: (1) designed to carry a driver and more than ten passengers; and (2) primarily used to transport preprimary, primary, and secondary students. new text end

new text begin (d) "Electric utility" means any utility that provides wholesale or retail electric service to customers in Minnesota. new text end

new text begin (e) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a. new text end

new text begin (f) "Electric vehicle charging station" means a physical location deploying equipment that provides electricity to charge a battery in an electric vehicle. new text end

new text begin (g) "Electric vehicle infrastructure" means electric vehicle charging stations and any associated electric panels, machinery, equipment, and infrastructure necessary for an electric utility to supply electricity to an electric vehicle charging station and to support electric vehicle operation. new text end

new text begin (h) "Electric vehicle service provider" means an organization that installs, maintains, or otherwise services a battery exchange station, electric vehicle infrastructure, or electric vehicle charging stations. new text end

new text begin (i) "Eligible applicant" means a school district or an electric utility, electric vehicle service provider, or transportation service provider applying for a grant under this section on behalf of a school district. new text end

new text begin (j) "Federal vehicle electrification grants" means grants that fund electric school buses or electric vehicle infrastructure under the federal Infrastructure Investment and Jobs Act, Public Law 117-58, or the Inflation Reduction Act of 2022, Public Law 117-169. new text end

new text begin (k) "Poor air quality" means: new text end

new text begin (1) ambient air levels that air monitoring data reveals approach or exceed state or federal air quality standards or chronic health inhalation risk benchmarks for total suspended particulates, particulate matter less than ten microns wide (PM-10), particulate matter less than 2.5 microns wide (PM-2.5), sulfur dioxide, or nitrogen dioxide; or new text end

new text begin (2) areas in which levels of asthma among children significantly exceed the statewide average. new text end

new text begin (l) "Prioritized school district" means: new text end

new text begin (1) a school district listed in the Small Area Income and Poverty Estimates School District Estimates as having 7.5 percent or more students living in poverty based on the most recent decennial U.S. census; new text end

new text begin (2) a school district identified with locale codes "43-Rural: Remote" and "42-Rural: Distant" by the National Center for Education Statistics; new text end

new text begin (3) a school district funded by the Bureau of Indian Affairs; or new text end

new text begin (4) a school district that receives basic support payments under United States Code, title 20, section 7703(b)(1), for children who reside on Indian land. new text end

new text begin (m) "School" means a school that operates as part of an independent or special school district. new text end

new text begin (n) "School bus" has the meaning given in section 169.011, subdivision 71. new text end

new text begin (o) "School district" means: new text end

new text begin (1) an independent school district, as defined in section 120A.05, subdivision 10; or new text end

new text begin (2) a special school district, as defined in section 120A.05, subdivision 14. new text end

new text begin (p) "Transportation service provider" means a person that has a contract with a school district to transport students to and from school. new text end

new text begin Subd. 2. new text end

new text begin Establishment; purpose. new text end

new text begin An electric school bus deployment program is established in the department. The purpose of the program is to provide grants to accelerate the deployment of electric school buses by school districts and to encourage schools to use vehicle electrification as a teaching tool that can be integrated into the school's curriculum. new text end

new text begin Subd. 3. new text end

new text begin Establishment of account. new text end

new text begin An electric school bus program account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money in the account at the end of a fiscal year does not cancel to the general fund but remains available in the account until June 30, 2027. The commissioner shall manage the account. new text end

new text begin Subd. 4. new text end

new text begin Appropriation; expenditures. new text end

new text begin Money in the account is appropriated to the commissioner and must be used only: new text end

new text begin (1) for grant awards made under this section; and new text end

new text begin (2) to pay the reasonable costs incurred by the department to administer this section, including the cost of providing technical assistance to eligible applicants, including but not limited to grant writing assistance for applications for federal vehicle electrification grants under subdivision 6, paragraph (c). new text end

new text begin Subd. 5. new text end

new text begin Eligible grant expenditures. new text end

new text begin A grant awarded under this section may be used only to pay: new text end

new text begin (1) a school district or transportation service provider to purchase one or more electric school buses, or convert or repower fossil-fuel-powered school buses to be powered by electricity; new text end

new text begin (2) up to 75 percent of the cost a school district or transportation service provider incurs to purchase one or more electric school buses, or to convert or repower fossil-fuel-powered school buses to be powered by electricity; new text end

new text begin (3) for prioritized school districts, up to 95 percent of the cost a school district or transportation service provider incurs to purchase one or more electric school buses, or to convert or repower fossil-fuel-powered school buses to be powered by electricity; new text end

new text begin (4) up to 75 percent of the cost of deploying, on the school district or transportation service provider's real property, infrastructure required to operate electric school buses, including but not limited to battery exchange stations, electric vehicle infrastructure, or electric vehicle charging stations; new text end

new text begin (5) for prioritized school districts, up to 95 percent of the cost of deploying, on the school district or transportation service provider's real property, infrastructure required to operate electric school buses, including but not limited to battery exchange stations, electric vehicle infrastructure, or electric vehicle charging stations; and new text end

new text begin (6) the reasonable costs of technical assistance related to electric school bus deployment program planning and to prepare grant applications for federal vehicle electrification grants. new text end

new text begin Subd. 6. new text end

new text begin Application process. new text end

new text begin (a) The commissioner must develop administrative procedures governing the application and grant award process. new text end

new text begin (b) The commissioner must issue a request for proposals to eligible applicants who may wish to apply for a grant under this section on behalf of a school. new text end

new text begin (c) An eligible applicant must submit an application for an electric school bus deployment grant to the commissioner on a form prescribed by the commissioner. The form must require an applicant to supply, at a minimum, the following information: new text end

new text begin (1) the number of and a description of the electric school buses the school district or transportation service provider intends to purchase; new text end

new text begin (2) the total cost to purchase the electric school buses and the incremental cost, if any, of the electric school buses when compared with fossil-fuel-powered school buses; new text end

new text begin (3) a copy of the proposed contract agreement between the school district, the electric utility, the electric vehicle service provider, or the transportation service provider that includes provisions addressing responsibility for maintenance of the electric school buses and related electric vehicle infrastructure and battery exchange stations; new text end

new text begin (4) whether the school district is a prioritized school district; new text end

new text begin (5) areas of the school district that serve significant numbers of students eligible for free and reduced-price school meals, and areas that disproportionately experience poor air quality, as measured by indicators such as the Minnesota Pollution Control Agency's air quality monitoring network, the Minnesota Department of Health's air quality and health monitoring, or other relevant indicators; new text end

new text begin (6) the school district's plan to prioritize the deployment of electric school buses in areas of the school district that: new text end

new text begin (i) serve students eligible for free and reduced-price school meals; new text end

new text begin (ii) experience disproportionately poor air quality; or new text end

new text begin (iii) are located within environmental justice areas, as defined in section 216B.1691, subdivision 1, paragraph (e); new text end

new text begin (7) the school district's plan, if any, to make the electric school buses serve as a visible learning tool for students, teachers, and visitors to the school, including how vehicle electrification may be integrated into the school district's curriculum; new text end

new text begin (8) information that demonstrates the school district's level of need for financial assistance available under this section; new text end

new text begin (9) any federal vehicle electrification grants awarded to or applied for by the eligible applicant for the same electric school buses or electric vehicle infrastructure proposed by the eligible applicant in a grant application made under this section; new text end

new text begin (10) information that demonstrates the school district's readiness to implement the project and to operate the electric school buses for no less than five years; new text end

new text begin (11) whether the electric utility or electric vehicle service provider will deploy electric vehicle infrastructure on the school district's or transportation service provider's property, and if so, the willingness and ability of the electric vehicle service provider or the electric utility to: new text end

new text begin (i) pay employees and contractors a prevailing wage rate, as defined in section 177.42, subdivision 6; and new text end

new text begin (ii) comply with section 177.43; and new text end

new text begin (12) any other information deemed relevant by the commissioner. new text end

new text begin (d) An eligible applicant may seek a technical assistance grant under this section to assist the eligible applicant apply for federal vehicle electrification grants. An eligible applicant seeking a technical assistance grant under this section must submit an application to the commissioner on behalf of a school district on a form prescribed by the commissioner. The form must include, at a minimum, the following information: new text end

new text begin (1) the names of the federal programs to which the applicant intends to apply; new text end

new text begin (2) a description of the technical assistance the applicants need in order to complete the federal application; and new text end

new text begin (3) any other information deemed relevant by the commissioner. new text end

new text begin (e) The commissioner must administer an open application process under this section at least twice annually. new text end

new text begin Subd. 7. new text end

new text begin Technical assistance. new text end

new text begin The department must provide technical assistance to school districts to develop and execute projects applied for or funded by grants awarded under this section. new text end

new text begin Subd. 8. new text end

new text begin Grant awards. new text end

new text begin (a) In awarding grants under this section, the commissioner must give priority to applications from or on behalf of prioritized school districts, and must endeavor to award no less than 40 percent of the total amount of grants awarded under this section to prioritized school districts. new text end

new text begin (b) In making grant awards under this section, the amount of the grant must be based on the commissioner's assessment of the school district's need for financial assistance. new text end

new text begin (c) A grant awarded under this section, when combined with any federal vehicle electrification grants obtained by an eligible applicant for the same electric school buses or electric vehicle infrastructure as proposed by the eligible applicant in a grant application made under this section, must not exceed the total cost of the electric school buses or electric vehicle infrastructure funded by the grant. new text end

new text begin Subd. 9. new text end

new text begin Application deadline. new text end

new text begin No application may be submitted under this section after December 31, 2026. new text end

new text begin Subd. 10. new text end

new text begin Reporting. new text end

new text begin Beginning January 15, 2024, and each year thereafter until January 15, 2028, the commissioner must report to the chairs and ranking minority members of the legislative committees with jurisdiction over energy regarding: new text end

new text begin (1) grants and amounts awarded to school districts under this section during the previous year; and new text end

new text begin (2) any remaining balance available in the electric school bus program account. new text end

new text begin Subd. 11. new text end

new text begin Cost recovery. new text end

new text begin (a) A prudent and reasonable investment on electric vehicle infrastructure installed on a school district's real property that is made by a public utility may be placed in the public utility's rate base and earn a rate of return determined by the commission. new text end

new text begin (b) Notwithstanding any other provision of this chapter, the commission may approve a tariff mechanism to automatically adjust annual charges for prudent and reasonable investments made by a public utility on electric vehicle infrastructure installed on a school district's real property. new text end

Sec. 36.

Minnesota Statutes 2022, section 216C.375, is amended to read:

216C.375 SOLAR FOR SCHOOLS PROGRAM.

Subdivision 1.

Definitions.

(a) For the purposes of this section deleted text begin and section 216C.376deleted text end , the following terms have the meanings given them.

(b) "Developer" means an entity that installs a solar energy system on a school building that has been awarded a grant under this section.

new text begin (c) "Electricity expenses" means expenses associated with: new text end

new text begin (1) purchasing electricity from a utility; or new text end

new text begin (2) purchasing and installing a solar energy system, including financing and power purchase agreement payments, operation and maintenance contract payments, and interest charges. new text end

deleted text begin (c)deleted text end new text begin (d)new text end "Photovoltaic device" has the meaning given in section 216C.06, subdivision 16.

deleted text begin (d)deleted text end new text begin (e)new text end "School" means:

(1) a school that operates as part of deleted text begin an independent or specialdeleted text end new text begin anew text end school district;

new text begin (2) a Tribal contract school;new text end or

deleted text begin (2)deleted text end new text begin (3)new text end a state college or university that is under the jurisdiction of the Board of Trustees of the Minnesota State Colleges and Universities.

deleted text begin (e)deleted text end new text begin (f) new text end "School district" meansnew text begin :new text end

new text begin (1)new text end an independent deleted text begin ordeleted text end new text begin school district, as defined in section 120A.05, subdivision 10;new text end

new text begin (2) anew text end special school districtnew text begin , as defined in section 120A.05, subdivision 14; ornew text end

new text begin (3) a cooperative unit, as defined in section 123A.24, subdivision 2new text end .

deleted text begin (f)deleted text end new text begin (g)new text end "Solar energy system" means photovoltaic or solar thermal devices.

deleted text begin (g)deleted text end new text begin (h)new text end "Solar thermal" has the meaning given to "qualifying solar thermal project" in section 216B.2411, subdivision 2, paragraph (d).

deleted text begin (h)deleted text end new text begin (i)new text end "State colleges and universities" has the meaning given in section 136F.01, subdivision 4.

Subd. 2.

Establishment; purpose.

A solar for schools program is established in the Department of Commerce. The purpose of the program is to provide grants to stimulate the installation of solar energy systems on or adjacent to school buildings by reducing the deleted text begin costdeleted text end new text begin school's electricity expensesnew text end , and to enable schools to use the solar energy system as a teaching tool that can be integrated into the school's curriculum.

Subd. 3.

Establishment of account.

A solar for schools program account is established in the special revenue fund. Money received from the general fund new text begin and from the renewable development account established under section 116C.779, subdivision 1, new text end must be transferred to the commissioner of commerce and credited to the account. new text begin The account consists of money received from the general fund and the renewable development account, provided by law, donated, allocated, transferred, or otherwise provided to the account. Earnings, including interest, dividends, and any other earnings arising from the assets of the account, must be credited to the account. new text end Except as otherwise provided in this paragraph, money deposited in the account remains in the account until expended. Any money that remains in the account on June 30, deleted text begin 2027deleted text end new text begin 2034new text end , cancels to the general fund.

Subd. 4.

new text begin Appropriation; new text end expenditures.

(a) Money in the account new text begin is appropriated to the commissioner and new text end may be used only:

(1) for grant awards made under this section; and

(2) to pay the reasonable costs incurred by the department to administer this section.

(b) Grant awards made with funds deleted text begin in the accountdeleted text end new text begin from the general fundnew text end must be used only for grants for solar energy systems installed on or adjacent to school buildings receiving retail electric service from a utility that is not subject to section 116C.779, subdivision 1.

new text begin (c) Grant awards made with funds from the renewable development account must be used only for grants for solar energy systems installed on or adjacent to school buildings receiving retail electric service from a utility that is subject to section 116C.779, subdivision 1. new text end

Subd. 5.

Eligible system.

(a) A grant may be awarded to a school under this section only if thenew text begin school building is owned by the grantee and thenew text end solar energy system that is the subject of the grant:

(1) is installed on or adjacent to the school building that consumes the electricity generated by the solar energy system, on property within the service territory of the utility currently providing electric service to the school building;

(2) new text begin if installed on or adjacent to a school building receiving retail electric service from a utility that is not subject to section 116C.779, subdivision 1, new text end has a capacity that does not exceed the lesser ofnew text begin : (i)new text end 40 kilowatts new text begin alternating current or, with the consent of the interconnecting electric utility, up to 1,000 kilowatts alternating current; new text end ornew text begin (ii)new text end 120 percent of the estimated annual electricity consumption of the school building at which the solar energy system is installed; and

(3) new text begin if installed on or adjacent to a school building receiving retail electric service from a utility that is subject to section 116C.779, subdivision 1, has a capacity that does not exceed the lesser of 1,000 kilowatts alternating current or 120 percent of the estimated annual electricity consumption of the school building at which the solar energy system is installed;new text end

new text begin (4) new text end has real-time and cumulative display devices, located in a prominent location accessible to students and the public, that indicate the system's electrical performance.

(b) A school that receives a rebate or other financial incentive under section 216B.241 for a solar energy system and that demonstrates considerable need for financial assistance, as determined by the commissioner, is eligible for a grant under this section for the same solar energy system.

Subd. 6.

Application process.

(a) The commissioner must issue a request for proposals to utilities, schools, and developers who may wish to apply for a grant under this section on behalf of a school.

(b) A utility or developer must submit an application to the commissioner on behalf of a school on a form prescribed by the commissioner. The form must include, at a minimum, the following information:

(1) the capacity of the proposed solar energy system and the amount of electricity that is expected to be generated;

(2) the current energy demand of the school building on which the solar energy generating system is to be installed and information regarding any distributed energy resource, including subscription to a community solar garden, that currently provides electricity to the school building;

(3) a description of any solar thermal devices proposed as part of the solar energy system;

(4) the total cost to purchase and install the solar energy system and the solar energy system's lifecycle cost, including removal and disposal at the end of the system's life;

(5) a copy of the proposed contract agreement between the school and the deleted text begin publicdeleted text end utility new text begin to which the solar energy system is interconnected new text end or new text begin the new text end developer that includes provisions addressing responsibility for maintenance of the solar energy system;

(6) the school's plan to make the solar energy system serve as a visible learning tool for students, teachers, and visitors to the school, including how the solar energy system may be integrated into the school's curriculum and provisions for real-time monitoring of the solar energy system performance for display in a prominent location within the school or on-demand in the classroom;

(7) information that demonstrates the school's level of need for financial assistance available under this section;

(8) information that demonstrates the school's readiness to implement the project, including but not limited to the availability of the site on which the solar energy system is to be installed and the level of the school's engagement with the utility providing electric service to the school building on which the solar energy system is to be installed on issues relevant to the implementation of the project, including metering and other issues;

(9) with respect to the installation and operation of the solar energy system, the willingness and ability of the developer or the public utility to:

(i) pay employees and contractors a prevailing wage rate, as defined in section 177.42, subdivision 6; and

(ii) adhere to the provisions of section 177.43;

(10) deleted text begin how the developer or public utility plans to reducedeleted text end the school's deleted text begin initial capital expense to purchase and installdeleted text end new text begin projected reductions in electricity expenses resulting from purchasing and installingnew text end the solar energy system deleted text begin by providing financial assistance to the schooldeleted text end ; and

(11) any other information deemed relevant by the commissioner.

(c) The commissioner must administer an open application process under this section at least twice annually.

(d) The commissioner must develop administrative procedures governing the application and grant award process.

new text begin (e) The school, the developer, or the utility to which the solar energy generating system is interconnected must annually submit to the commissioner on a form prescribed by the commissioner a report containing the following information for each of the 12 previous months: new text end

new text begin (1) the total number of kilowatt-hours of electricity consumed by the school; new text end

new text begin (2) the total number of kilowatt-hours generated by the solar energy generating system; new text end

new text begin (3) the amount paid by the school to its utility for electricity; and new text end

new text begin (4) any other information requested by the commissioner. new text end

Subd. 7.

Energy conservation review.

At the commissioner's request, a school awarded a grant under this section deleted text begin shalldeleted text end new text begin mustnew text end provide the commissioner information regarding energy conservation measures implemented at the school building at which the solar energy system is installed. The commissioner may make recommendations to the school regarding cost-effective conservation measures it can implement and may provide technical assistance and direct the school to available financial assistance programs.

Subd. 8.

Technical assistance.

The commissioner must provide technical assistance to schools to develop and execute projects under this section.

Subd. 9.

Grant payments.

The commissioner must award a grant from the account established under subdivision 3 to a school for the necessary costs associated with the purchase and installation of a solar energy system. The amount of the grant must be based on the commissioner's assessment of the school's need for financial assistance.

Subd. 10.

Application deadline.

No application may be submitted under this section after December 31, deleted text begin 2025deleted text end new text begin 2032new text end .

Subd. 11.

Reporting.

Beginning January 15, 2022, and each year thereafter until January 15, deleted text begin 2028deleted text end new text begin 2035new text end , the commissioner must report to the chairs and ranking minority members of the legislative committees with jurisdiction over energy regarding: (1) grants and amounts awarded to schools under this section during the previous year; deleted text begin (2) financial assistance, including amounts per award, provided to schools under section 216C.376 during the previous year; and (3) any remaining balances available under this section and section 216C.376.deleted text end new text begin (2) the amount of electricity generated by solar energy generating systems awarded a grant under this section; and (3) the impact on school electricity expenses.new text end

new text begin Subd. 12. new text end

new text begin Renewable energy credits. new text end

new text begin Renewable energy credits associated with the electricity generated by a solar energy generating system installed under this section in the electric service area of a public utility subject to section 116C.779 are the property of the public utility for the life of the solar energy generating system. new text end

Sec. 37.

new text begin [216C.377] SOLAR GRANT PROGRAM; PUBLIC BUILDINGS. 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) "Cooperative electric association" means a cooperative association organized under chapter 308A for the purpose of providing rural electrification at retail. new text end

new text begin (c) "Developer" means an entity that installs and may own, maintain, or decommission a solar energy generating system on a public building awarded a grant under this section. new text end

new text begin (d) "Local unit of government" means: new text end

new text begin (1) a county, statutory or home rule charter city, town, or other local government jurisdiction, excluding a school district eligible to receive financial assistance under section 216C.375; or new text end

new text begin (2) a federally recognized Indian Tribe in Minnesota. new text end

new text begin (e) "Municipal electric utility" means a utility that (1) provides electric service to retail customers in Minnesota, and (2) is governed by a city council or a local utilities commission. new text end

new text begin (f) "Public building" means: new text end

new text begin (1) a building owned and operated by a local unit of government; or new text end

new text begin (2) a building owned by a federally recognized Indian Tribe in Minnesota whose primary purpose is Tribal government operations. new text end

new text begin (g) "Solar energy generating system" has the meaning given in section 216E.01, subdivision 9a. new text end

new text begin Subd. 2. new text end

new text begin Establishment; purpose. new text end

new text begin A solar on public buildings grant program is established in the department. The purpose of the program is to provide grants to stimulate the installation of solar energy generating systems on public buildings. new text end

new text begin Subd. 3. new text end

new text begin Establishment of account. new text end

new text begin A solar on public buildings grant program account is established in the special revenue fund. Money received from the general fund and the renewable development account established in section 116C.779, subdivision 1, must be transferred to the commissioner of commerce and credited to the account. Earnings, including interest, dividends, and any other earnings arising from the assets of the account, must be credited to the account. Earnings remaining in the account at the end of a fiscal year do not cancel to the general fund or renewable development account but remain in the account until expended. The commissioner must manage the account. new text end

new text begin Subd. 4. new text end

new text begin Appropriation; expenditures. new text end

new text begin Money in the account established under subdivision 3 is appropriated to the commissioner for the purposes of this section and must be used only: new text end

new text begin (1) for grant awards made under this section; and new text end

new text begin (2) to pay the reasonable costs of the department to administer this section. new text end

new text begin Subd. 5. new text end

new text begin Eligible system. new text end

new text begin (a) A grant may be awarded to a local unit of government under this section only if the solar energy generating system that is the subject of the grant: new text end

new text begin (1) is installed (i) on or adjacent to a public building that consumes the electricity generated by the solar energy generating system, and (ii) on property within the service territory of the utility currently providing electric service to the public building; and new text end

new text begin (2) has a capacity that does not exceed the lesser of 40 kilowatts or 120 percent of the average annual electricity consumption, measured over the most recent three calendar years, of the public building at which the solar energy generating system is installed. new text end

new text begin (b) A public building that receives a rebate or other financial incentive under section 216B.241 for a solar energy generating system is eligible for a grant under this section for the same solar energy generating system. new text end

new text begin (c) Before filing an application for a grant under this section, a local unit of government or public building that is served by a municipal electric utility or cooperative electric association must inform the municipal electric utility or cooperative electric association of the local unit of government's or public building's intention to do so. A municipal electric utility may, under an agreement with a local unit of government, own and operate a solar energy generating system awarded a grant under this section on behalf of and for the benefit of the local unit of government. new text end

new text begin Subd. 6. new text end

new text begin Application process. new text end

new text begin (a) The commissioner must issue a request for proposals to local units of government who may wish to apply for a grant under this section on behalf of a public building. new text end

new text begin (b) A local unit of government must submit an application to the commissioner on behalf of a public building on a form prescribed by the commissioner. The form must include, at a minimum, the following information: new text end

new text begin (1) the capacity of the proposed solar energy generating system and the amount of electricity that is projected to be generated; new text end

new text begin (2) the current energy demand of the public building on which the solar energy generating system is to be installed, information regarding any distributed energy resource that currently provides electricity to the public building, and the size of the public building's subscription to a community solar garden, if applicable; new text end

new text begin (3) information sufficient to estimate the energy and monetary savings that are projected to result from installation of the solar energy generating system over the system's useful life; new text end

new text begin (4) the total cost to purchase and install the solar energy generating system and the solar energy generating system's life cycle cost, including removal and disposal after decommissioning; new text end

new text begin (5) a copy of the proposed contract agreement between the local unit of government and the utility or developer that includes provisions addressing responsibility for maintenance, removal, and disposal of the solar energy generating system; and new text end

new text begin (6) a written statement from the interconnecting utility that no issues that would prevent interconnection of the solar energy generating system as proposed are foreseen. new text end

new text begin (c) The commissioner must administer an open application process under this section at least twice annually. new text end

new text begin (d) The commissioner must develop administrative procedures governing the application and grant award process under this section. new text end

new text begin Subd. 7. new text end

new text begin Energy conservation review. new text end

new text begin At the commissioner's request, a local unit of government awarded a grant under this section must provide the commissioner with information regarding energy conservation measures implemented at the public building where the solar energy generating system is to be installed. The commissioner may make recommendations to the local unit of government regarding cost-effective conservation measures the local unit of government can implement and may provide technical assistance and direct the local unit of government to available financial assistance programs. new text end

new text begin Subd. 8. new text end

new text begin Technical assistance. new text end

new text begin The commissioner must provide technical assistance to local units of government to develop and execute projects under this section. new text end

new text begin Subd. 9. new text end

new text begin Grant payments. new text end

new text begin The commissioner must award a grant from the account established under subdivision 3 to a local unit of government for the necessary and reasonable costs associated with the purchase and installation of a solar energy generating system. In determining the amount of a grant award, the commissioner shall take into consideration the financial capacity of the local unit of government awarded the grant. new text end

new text begin Subd. 10. new text end

new text begin Application deadline. new text end

new text begin An application must not be submitted under this section after June 30, 2026. new text end

new text begin Subd. 11. new text end

new text begin Contractor conditions. new text end

new text begin A contractor or subcontractor performing construction work on a project supported by a grant awarded under this section: new text end

new text begin (1) must pay employees working on the project no less than the prevailing wage rate, as defined in section 177.42; and new text end

new text begin (2) is subject to the requirements and enforcement provisions of sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45. new text end

new text begin Subd. 12. new text end

new text begin Forfeited income. new text end

new text begin (a) The utility to which a solar energy generating system awarded a grant under this section is interconnected must calculate the amount of net income accruing to the local unit of government annually as a result of the operation of the solar energy generating system, whether in the form of cash payments or electricity bill credits, and report that amount to the local unit of government no later than February 1. new text end

new text begin (b) Any net income accruing to a local unit of government as calculated under paragraph (a) must be forfeited to the utility by the local unit of government. new text end

new text begin Subd. 13. new text end

new text begin Reporting. new text end

new text begin Beginning January 15, 2025, and each year thereafter until January 15, 2027, the commissioner must report to the chairs and ranking minority members of the legislative committees with jurisdiction over energy finance and policy regarding grants and amounts awarded to local units of government under this section during the previous year and any remaining balances available in the account established under this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 38.

new text begin [216C.378] DISTRIBUTED ENERGY RESOURCES SYSTEM UPGRADE PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the meanings given. new text end

new text begin (b) "Capacity constrained location" means a location on an electric utility's distribution system that the utility has reasonably determined requires significant distribution or network upgrades before additional distributed energy resources can interconnect. new text end

new text begin (c) "DER Technical Planning Standard" means an engineering practice that limits the total aggregate distributed energy resource capacity that may interconnect to a particular location on the utility's distribution system. new text end

new text begin (d) "Distributed energy resources" means distributed generation, as defined in section 216B.164, and energy storage systems, as defined in section 216B.2422. new text end

new text begin (e) "Distribution upgrades" means the additions, modifications, and upgrades made to an electric utility's distribution system to facilitate interconnection of distributed energy resources. new text end

new text begin (f) "Interconnection" means the process governed by the Minnesota Distributed Energy Resources Interconnection Process and Agreement, as approved in the Minnesota Public Utilities Commission's order issued April 19, 2019, or the Minnesota Distributed Energy Resources Interconnection Process most recently approved by the commission. new text end

new text begin (g) "Net metered facility" has the meaning given in section 216B.164. new text end

new text begin (h) "Network upgrades" means additions, modifications, and upgrades to the transmission system required at or beyond the point at which the distributed energy resource interconnects with an electric utility's distribution system to accommodate the interconnection of the distributed energy resource with the electric utility's distribution system. Network upgrades do not include distribution upgrades. new text end

new text begin Subd. 2. new text end

new text begin Establishment; purpose. new text end

new text begin A distributed energy resources system upgrade program is established in the department. The purpose of the program is to provide funding to the utility subject to section 116C.779 to complete infrastructure investments necessary to enable electricity customers to interconnect distributed energy resources. The program must be designed to achieve the following goals to the maximum extent feasible: new text end

new text begin (1) make upgrades at capacity constrained locations on the utility's distribution system that maximize the number and capacity of distributed energy resources projects with a capacity of up to 40 kilowatts alternating current that can be interconnected sufficient to serve projected demand; new text end

new text begin (2) enable all distributed energy resources projects with a nameplate capacity of up to 40 kilowatts alternating current to be reviewed and approved by the utility within 43 business days; new text end

new text begin (3) minimize interconnection barriers for electricity customers seeking to construct net metered facilities for on-site electricity use; and new text end

new text begin (4) advance innovative solutions that can minimize the cost of distribution and network upgrades required for interconnection, including but not limited to energy storage, control technologies, smart inverters, distributed energy resources management systems, and other innovative technologies and programs. new text end

new text begin Subd. 3. new text end

new text begin Required plan. new text end

new text begin (a) By November 1, 2023, the utility subject to section 116C.779 must file with the commissioner a plan for the distributed energy resources system upgrade program. The plan must contain, at a minimum: new text end

new text begin (1) a description of how the utility proposes to use money in the distributed energy resources system upgrade program account to upgrade the utility's distribution system to maximize the number and capacity of distributed energy resources that can be interconnected sufficient to serve projected demand; new text end

new text begin (2) the locations where the utility proposes to make investments under the program; new text end

new text begin (3) the number and capacity of distributed energy resources projects the utility expects to interconnect as a result of the program; new text end

new text begin (4) a plan for reporting on the program's outcomes; and new text end

new text begin (5) any additional information required by the commissioner. new text end

new text begin (b) The utility subject to section 116C.779 is prohibited from implementing the program until the commissioner approves the plan submitted under this subdivision. No later than March 31, 2024, the commissioner must approve a plan under this subdivision that the commissioner determines is in the public interest. Any proposed modifications to the plan approved under this subdivision must be approved by the commissioner. new text end

new text begin Subd. 4. new text end

new text begin Project priorities. new text end

new text begin When developing the plan required under subdivision 3, the utility must prioritize making investments: new text end

new text begin (1) at capacity constrained locations on the distribution grid; new text end

new text begin (2) in communities with demonstrated customer interest in distributed energy resources, as measured by anticipated, pending, and completed interconnection applications; and new text end

new text begin (3) in communities with a climate action plan, clean energy goal, or policies that: new text end

new text begin (i) seek to mitigate the impacts of climate change on the city; or new text end

new text begin (ii) reduce the city's contributions to the causes of climate change. new text end

new text begin Subd. 5. new text end

new text begin Eligible costs. new text end

new text begin The commissioner may pay the following reasonable costs of the utility subject to section 116C.779 under a plan approved in accordance with subdivision 3 from money available in the distributed energy resources system upgrade program account: new text end

new text begin (1) distribution upgrades and network upgrades; new text end

new text begin (2) energy storage; control technologies, including but not limited to a distributed energy resources management system; or other innovative technology used to achieve the purposes of this section; and new text end

new text begin (3) pilot programs operated by the utility to implement innovative technology solutions. new text end

new text begin Subd. 6. new text end

new text begin Capacity reserved. new text end

new text begin The utility subject to section 116C.779 must reserve any increase in the DER Technical Planning Standard made available by upgrades paid for under this section for net metered facilities and distributed energy resources with a nameplate capacity of up to 40 kilowatts alternating current. The commissioner may modify the requirements of this subdivision when the commissioner finds doing so is in the public interest. new text end

new text begin Subd. 7. new text end

new text begin Establishment of account. new text end

new text begin (a) A distributed energy resources system upgrade program account is established in the special revenue fund. The account consists of money provided by law, and any other money donated, allotted, transferred, or otherwise provided to the account. Earnings, including interest, dividends, and any other earnings arising from the assets of the account, must be credited to the account. Earnings remaining in the account at the end of a fiscal year do not cancel to the general fund or renewable development account but remain in the account until expended. new text end

new text begin (b) Money from the account is appropriated to the commissioner to review plans, award grants, and pay the reasonable costs of the department to administer this section. new text end

new text begin Subd. 8. new text end

new text begin Reporting of certain incidents. new text end

new text begin The utility subject to section 116C.779 must report to the commissioner within 60 days if any distributed energy resources project with a capacity of up to 40 kilowatts alternating current is unable to interconnect due to safety, reliability, or the cost of distribution or network upgrades required at a location for which upgrade funding was provided under this program. The utility must make available to the commissioner all engineering analyses, studies, and information related to any such instances. The commissioner may modify or waive this requirement after December 31, 2025. new text end

Sec. 39.

new text begin [216C.379] ENERGY STORAGE INCENTIVE PROGRAM. new text end

new text begin (a) The public utility subject to section 116C.779 must develop and operate a program to provide a grant to customers to reduce the cost to purchase and install an on-site energy storage system, as defined in section 216B.2422, subdivision 1, paragraph (f). The public utility subject to this section must file a plan with the commissioner to operate the program no later than November 1, 2023. The public utility must not operate the program until the program is approved by the commissioner. Any change to an operating program must be approved by the commissioner. new text end

new text begin (b) In order to be eligible to receive a grant under this section, an energy storage system must: new text end

new text begin (1) have a capacity no greater than 50 kilowatt hours; and new text end

new text begin (2) be located within the electric service area of the public utility subject to this section. new text end

new text begin (c) An owner of an energy storage system is eligible to receive a grant under this section if: new text end

new text begin (1) a solar energy generating system is operating at the same site as the proposed energy storage system; or new text end

new text begin (2) the owner has filed an application with the public utility subject to this section to interconnect a solar energy generating system at the same site as the proposed energy storage system. new text end

new text begin (d) The amount of a grant awarded under this section must be based on the number of watt-hours that reflects the duration of the energy storage system at the system's rated capacity, up to a maximum of $5,000. new text end

new text begin (e) The commissioner must annually review and may adjust the amount of grants awarded under this section, but must not increase the amount over that awarded in previous years unless the commissioner demonstrates in writing that an upward adjustment is warranted by market conditions. new text end

new text begin (f) A customer who receives a grant under this section is eligible to receive financial assistance under programs operated by the state or the public utility for the solar energy generating system operating in conjunction with the energy storage system. new text end

new text begin (g) For the purposes of this section, "solar energy generating system" has the meaning given in section 216E.01, subdivision 9a. 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 [216C.401] ELECTRIC VEHICLE REBATES. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 216C.402, the terms in this subdivision have the meanings given. new text end

new text begin (b) "Dealer" means a person, firm, or corporation that: new text end

new text begin (1) possesses a new motor vehicle license under chapter 168; new text end

new text begin (2) regularly engages in the business of manufacturing or selling, purchasing, and generally dealing in new and unused motor vehicles; new text end

new text begin (3) has an established place of business to sell, trade, and display new and unused motor vehicles; and new text end

new text begin (4) possesses new and unused motor vehicles to sell or trade the motor vehicles. new text end

new text begin (c) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a, paragraphs (a) and (b), clause (3). new text end

new text begin (d) "Eligible new electric vehicle" means an electric vehicle that meets the requirements of subdivision 2, paragraph (a). new text end

new text begin (e) "Eligible used electric vehicle" means an electric vehicle that meets the requirements of subdivision 2, paragraph (b). new text end

new text begin (f) "Lease" means a business transaction under which a dealer furnishes an eligible electric vehicle to a person for a fee under a bailor-bailee relationship where no incidences of ownership are transferred other than the right to use the vehicle for a term of at least 24 months. new text end

new text begin (g) "Lessee" means a person who leases an eligible electric vehicle from a dealer. new text end

new text begin (h) "New eligible electric vehicle" means an eligible electric vehicle that has not been registered in any state. new text end

new text begin Subd. 2. new text end

new text begin Eligible vehicle. new text end

new text begin (a) A new electric vehicle is eligible for a rebate under this section if the electric vehicle: new text end

new text begin (1) has not been previously owned; new text end

new text begin (2) is used by a dealer as a floor model or test drive vehicle and has not been previously registered in Minnesota or any other state; or new text end

new text begin (3) is returned to a dealer by a purchaser or lessee: new text end

new text begin (i) within two weeks of purchase or leasing or when a purchaser's or lessee's financing for the electric vehicle has been disapproved; or new text end

new text begin (ii) before the purchaser or lessee takes delivery, even if the electric vehicle is registered in Minnesota; and new text end

new text begin (4) has not been modified from the original manufacturer's specifications; new text end

new text begin (5) has a manufacturer's suggested base retail price that does not exceed $55,000; new text end

new text begin (6) is purchased or leased from a dealer or directly from an original equipment manufacturer that does not have licensed franchised dealers in Minnesota; and new text end

new text begin (7) is purchased or leased after the effective date of this section for use by the purchaser and not for resale. new text end

new text begin (b) A used electric vehicle is eligible for an electric vehicle rebate under this section: (1) if the electric vehicle has previously been owned in Minnesota or another state; (2) has not been modified from the original manufacturer's specifications; and (3) has a purchase price no greater than $25,000, exclusive of taxes and fees. new text end

new text begin Subd. 3. new text end

new text begin Eligible purchaser or lessee. new text end

new text begin A person who purchases or leases an eligible new or used electric vehicle is eligible for a rebate under this section if the purchaser or lessee: new text end

new text begin (1) is one of the following: new text end

new text begin (i) a resident of Minnesota, as defined in section 290.01, subdivision 7, paragraph (a), when the electric vehicle is purchased or leased; new text end

new text begin (ii) a business that has a valid address in Minnesota from which business is conducted; new text end

new text begin (iii) a nonprofit corporation incorporated under chapter 317A; or new text end

new text begin (iv) a political subdivision of the state; new text end

new text begin (2) has not received a rebate or tax credit for the purchase or lease of an electric vehicle from the state of Minnesota; and new text end

new text begin (3) registers the electric vehicle in Minnesota. new text end

new text begin Subd. 4. new text end

new text begin Rebate amounts. new text end

new text begin (a) A $2,500 rebate may be issued under this section to an eligible purchaser to purchase or lease an eligible new electric vehicle. new text end

new text begin (b) A $600 rebate may be issued under this section to an eligible purchaser or lessee of an eligible used electric vehicle. new text end

new text begin Subd. 5. new text end

new text begin Limits. new text end

new text begin The number of rebates allowed under this section is limited to: new text end

new text begin (1) no more than one rebate per resident per household; and new text end

new text begin (2) no more than one rebate per business entity per year. new text end

new text begin Subd. 6. new text end

new text begin Program administration. new text end

new text begin (a) A rebate application under this section must be filed with the commissioner on a form developed by the commissioner. new text end

new text begin (b) The commissioner must develop administrative procedures governing the application and rebate award process. Applications must be reviewed and rebates awarded by the commissioner on a first-come, first-served basis. new text end

new text begin (c) The commissioner must, in coordination with dealers and other state agencies as applicable, develop a procedure to allow a rebate to be used by an eligible purchaser or lessee at the point of sale so that the rebate amount may be subtracted from the selling price of the eligible electric vehicle. new text end

new text begin (d) The commissioner may reduce the rebate amounts provided under subdivision 4 or restrict program eligibility based on the availability of money to award rebates or other factors. new text end

new text begin Subd. 7. new text end

new text begin Account established. new text end

new text begin (a) The electric vehicle rebate account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund, but remains in the account until expended. The commissioner shall manage the account. new text end

new text begin (b) Money in the account is appropriated to the commissioner to award rebates for electric vehicles and to reimburse the reasonable costs of the department to administer this section. new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2027. 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 [216C.402] GRANT PROGRAM; MANUFACTURERS' CERTIFICATION OF AUTO DEALERS TO SELL ELECTRIC VEHICLES. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A grant program is established in the department to award grants to dealers to offset the costs of obtaining the necessary training and equipment that is required by electric vehicle manufacturers in order to certify a dealer to sell electric vehicles produced by the manufacturer. new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin An application for a grant under this section must be made to the commissioner on a form developed by the commissioner. The commissioner must develop administrative procedures and processes to review applications and award grants under this section. new text end

new text begin Subd. 3. new text end

new text begin Eligible applicants. new text end

new text begin An applicant for a grant awarded under this section must be a dealer of new motor vehicles licensed under chapter 168 operating under a franchise from a manufacturer of electric vehicles. new text end

new text begin Subd. 4. new text end

new text begin Account established; appropriation. new text end

new text begin (a) An auto dealer certification grant account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money in the account at the end of a fiscal year does not cancel to the general fund but remains available in the account until expended. The commissioner shall manage the account. new text end

new text begin (b) Money in the account is appropriated to the commissioner to pay the reasonable costs of the department to administer this section. new text end

new text begin Subd. 5. new text end

new text begin Eligible expenditures. new text end

new text begin Appropriations made to support the activities of this section must be used only to reimburse: new text end

new text begin (1) a dealer for the reasonable costs to obtain training and certification for the dealer's employees from the electric vehicle manufacturer that awarded the franchise to the dealer; new text end

new text begin (2) a dealer for the reasonable costs to purchase and install equipment to service and repair electric vehicles, as required by the electric vehicle manufacturer that awarded the franchise to the dealer; and new text end

new text begin (3) the department for the reasonable costs to administer this section. new text end

new text begin Subd. 6. new text end

new text begin Limitation. new text end

new text begin A grant awarded under this section to a single dealer must not exceed $40,000. 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.

Minnesota Statutes 2022, section 216C.435, subdivision 8, is amended to read:

Subd. 8.

Qualifying commercial real property.

"Qualifying commercial real property" means a multifamily residential dwelling, deleted text begin ordeleted text end a commercial or industrial building,new text begin or farmland, as defined in section 216C.436, subdivision 1b,new text end that the implementing entity has determined, after review of an energy audit deleted text begin ordeleted text end new text begin ,new text end renewable energy system feasibility study,new text begin or agronomic assessment, as defined in section 216C.436, subdivision 1b,new text end can deleted text begin be benefited bydeleted text end new text begin benefit from thenew text end installation of cost-effective energy improvementsnew text begin or land and water improvements, as defined in section 216C.436, subdivision 1bnew text end . Qualifying commercial real property includes new construction.

Sec. 43.

Minnesota Statutes 2022, section 216C.436, is amended by adding a subdivision to read:

new text begin Subd. 1b. 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) "Agronomic assessment" means a study by an independent third party that assesses the environmental impacts of proposed land and water improvements on farmland. new text end

new text begin (c) "Farmland" means land classified as 2a, 2b, or 2c for property tax purposes under section 273.13, subdivision 23. new text end

new text begin (d) "Land and water improvement" means: new text end

new text begin (1) an improvement to farmland that: new text end

new text begin (i) is permanent; new text end

new text begin (ii) results in improved agricultural profitability or resiliency; new text end

new text begin (iii) reduces the environmental impact of agricultural production; and new text end

new text begin (iv) if the improvement affects drainage, complies with the most recent versions of the applicable following conservation practice standards issued by the United States Department of Agriculture's Natural Resources Conservation Service: Drainage Water Management (Code 554), Saturated Buffer (Code 604), Denitrifying Bioreactor (Code 605), and Constructed Wetland (Code 656); or new text end

new text begin (2) water conservation and quality measures, which include permanently affixed equipment, appliances, or improvements that reduce a property's water consumption or that enable water to be managed more efficiently. new text end

new text begin (e) "Resiliency" means the ability of farmland to maintain and enhance profitability, soil health, and water quality. new text end

Sec. 44.

Minnesota Statutes 2022, section 216C.436, subdivision 2, is amended to read:

Subd. 2.

Program requirements.

A commercial PACE loan program must:

(1) impose requirements and conditions on financing arrangements to ensure timely repayment;

(2) require an energy audit deleted text begin ordeleted text end new text begin ,new text end renewable energy system feasibility studynew text begin , or agronomic or soil health assessmentnew text end to be conducted on the qualifying commercial real property and reviewed by the implementing entity prior to approval of the financing;

(3) require the inspection of all installations and a performance verification of at least ten percent of the cost-effective energy improvementsnew text begin or land and water improvementsnew text end financed by the program;

(4) not prohibit the financing of all cost-effective energy improvementsnew text begin or land and water improvementsnew text end not otherwise prohibited by this section;

(5) require that all cost-effective energy improvementsnew text begin or land and water improvementsnew text end be made to a qualifying commercial real property prior to, or in conjunction with, an applicant's repayment of financing for cost-effective energy improvementsnew text begin or land and water improvementsnew text end for that property;

(6) have cost-effective energy improvementsnew text begin or land and water improvementsnew text end financed by the program performed by a licensed contractor as required by chapter 326B or other law or ordinance;

(7) require disclosuresnew text begin in the loan documentnew text end to borrowers by the implementing entity ofnew text begin : (i)new text end the risks involved in borrowing, including the risk of foreclosure if a tax delinquency results from a defaultnew text begin ; and (ii) all the terms and conditions of the commercial PACE loan and the installation of cost-effective energy improvements or land and water improvements, including the interest rate being charged on the loannew text end ;

(8) provide financing only to those who demonstrate an ability to repay;

(9) not provide financing for a qualifying commercial real property in which the owner is not current on mortgage or real property tax payments;

(10) require a petition to the implementing entity by all owners of the qualifying commercial real property requesting collections of repayments as a special assessment under section 429.101;

(11) provide that payments and assessments are not accelerated due to a default and that a tax delinquency exists only for assessments not paid when due; deleted text begin anddeleted text end

(12) require that liability for special assessments related to the financing runs with the qualifying commercial real propertydeleted text begin .deleted text end new text begin ; andnew text end

new text begin (13) prior to financing any improvements to or imposing any assessment upon qualifying commercial real property, require notice to and written consent from the mortgage lender of any mortgage encumbering or otherwise secured by the qualifying commercial real property. new text end

Sec. 45.

new text begin [216C.45] RESIDENTIAL ELECTRIC PANEL UPGRADE GRANT PROGRAM. 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) "Area median income" means the median income of the geographic area in which a single-family or multifamily building whose owner is applying for a grant under this section is located, as reported by the United States Department of Housing and Urban Development. new text end

new text begin (c) "Automatic overcurrent protection device" means a device that protects against excess current by interrupting the flow of current. new text end

new text begin (d) "Bus" means a metallic strip or bar that carries current. new text end

new text begin (e) "Electric panel" means an enclosed box or cabinet containing a building's electric panels, including subpanels, that consists of buses, automatic overcurrent protection devices, and equipment, with or without switches to control light, heat, and power circuits. Electric panel includes a smart panel. new text end

new text begin (f) "Electrical work" has the meaning given in section 326B.31, subdivision 17. new text end

new text begin (g) "Eligible applicant" means: new text end

new text begin (1) an owner of a single-family building whose occupants have an annual household income no greater than 150 percent of the area median income; or new text end

new text begin (2) an owner of a multifamily building in which at least 50 percent of the units are occupied by households whose annual income is no greater than 150 percent of the area median income. new text end

new text begin (h) "Multifamily building" means a building containing two or more units. new text end

new text begin (i) "Smart panel" means an electrical panel that may be electronically programmed to manage electricity use in a building automatically. new text end

new text begin (j) "Unit" means a residential living space in a multifamily building occupied by an individual or a household. new text end

new text begin (k) "Upgrade" means: new text end

new text begin (1) for a single-family residence: new text end

new text begin (i) the installation of equipment, devices, and wiring necessary to increase an electrical panel's capacity to a total rating: new text end

new text begin (A) of not less than 200 amperes; or new text end

new text begin (B) that allows all the building's energy needs to be provided solely by electricity, as calculated using the National Electrical Code adopted in Minnesota; or new text end

new text begin (ii) the installation of a smart panel with or without additional equipment, devices, or wiring; and new text end

new text begin (2) for a multifamily building, the installation of equipment, devices, and wiring necessary to increase the capacity of an electric panel, including feeder panels, to a total rating that allows all the building's energy needs to be provided solely by electricity, as calculated using the National Electrical Code adopted in Minnesota. new text end

new text begin Subd. 2. new text end

new text begin Program establishment. new text end

new text begin A residential electric panel upgrade grant program is established in the department to provide financial assistance to owners of single-family residences and multifamily buildings to upgrade residential electric panels. new text end

new text begin Subd. 3. new text end

new text begin Account established. new text end

new text begin (a) The residential electric panel upgrade grant account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund, but remains in the account until expended. The commissioner shall manage the account. new text end

new text begin (b) Money in the account is appropriated to the commissioner to award electric panel upgrade grants and to reimburse the reasonable costs of the department to administer this section. new text end

new text begin Subd. 4. new text end

new text begin Application process. new text end

new text begin An applicant seeking a grant under this section must submit an application to the commissioner on a form developed by the commissioner. The commissioner must develop administrative procedures to govern the application and grant award process. The commissioner may contract with a third party to conduct some or all of the program's operations. new text end

new text begin Subd. 5. new text end

new text begin Grant awards. new text end

new text begin A grant may be awarded under this section to: new text end

new text begin (1) an eligible applicant; or new text end

new text begin (2) with the written permission of an eligible applicant submitted to the commissioner, a contractor performing an upgrade or a third party on behalf of the eligible applicant. new text end

new text begin Subd. 6. new text end

new text begin Grant amount. new text end

new text begin (a) Subject to the limits of paragraphs (b) to (e), a grant awarded under this section may be used to pay 100 percent of the equipment and installation costs of an upgrade. new text end

new text begin (b) The commissioner may not award a grant to an eligible applicant under this section which, in combination with a federal grant awarded to the eligible applicant under the federal Inflation Reduction Act of 2022, Public Law 117-189, for the same electric panel upgrade, exceeds 100 percent of the equipment and installation costs of the upgrade. new text end

new text begin (c) The maximum grant amount under this section that may be awarded to an eligible applicant who owns a single-family residence is: new text end

new text begin (1) $3,000 for an owner whose annual household income is less than 80 percent of area median income; and new text end

new text begin (2) $2,000 for an owner whose annual household income exceeds 80 percent but is not greater than 150 percent of area median income. new text end

new text begin (d) The maximum grant amount that may be awarded under this section to an eligible applicant who owns a multifamily building is the sum of $5,000, plus $500 multiplied by the number of units containing a separate electric panel receiving an upgrade in the multifamily building, not to exceed $50,000 per multifamily building. new text end

new text begin (e) The commissioner may approve a grant amount that exceeds the maximum grant amount in paragraph (c) or (d), up to 100 percent of the equipment and installation costs of the upgrade, if the commissioner determines that a larger grant amount is necessary in order to complete the upgrade. new text end

new text begin Subd. 7. new text end

new text begin Limitation. new text end

new text begin No more than one grant may be awarded to an owner under this section for work conducted at the same single-family residence or multifamily building. new text end

new text begin Subd. 8. new text end

new text begin Outreach. new text end

new text begin The department must publicize the availability of grants under this section to, at a minimum: new text end

new text begin (1) income-eligible households; new text end

new text begin (2) community action agencies and other public and private nonprofit organizations that provide weatherization and other energy services to income-eligible households; and new text end

new text begin (3) multifamily property owners and property managers. new text end

new text begin Subd. 9. new text end

new text begin Contractor or subcontractor requirements. new text end

new text begin Contractors and subcontractors performing electrical work under a grant awarded under this section: new text end

new text begin (1) must comply with the provisions of sections 326B.31 to 326B.399; new text end

new text begin (2) must certify that the electrical work is performed by a licensed journeyworker electrician or a registered unlicensed individual under the direct supervision of a licensed journeyworker electrician or master electrician employed by the same licensed electrical contractor; and new text end

new text begin (3) must pay workers the prevailing wage rate, as defined in section 177.42, and are subject to the requirements and enforcement provisions in sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45. new text end

new text begin Subd. 10. new text end

new text begin Report. new text end

new text begin Beginning January 1, 2025, and each January 1 through 2033, the department must submit a report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over climate and energy policy describing the activities and expenditures under the program established in this section. The report must include, at a minimum: new text end

new text begin (1) the number of units in multifamily buildings and the number of single-family residences whose owners received grants; new text end

new text begin (2) the geographic distribution of grant recipients; and new text end

new text begin (3) the average amount of grants awarded per building in multifamily buildings and in single-family residences. 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 [216C.46] RESIDENTIAL HEAT PUMP REBATE PROGRAM. 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) "Eligible applicant" means a person who provides evidence to the commissioner's satisfaction demonstrating that the person has received or has applied for a heat pump rebate available from the federal Department of Energy under the Inflation Reduction Act of 2022, Public Law 117-189. new text end

new text begin (c) "Heat pump" means a cold climate rated air-source heat pump composed of (1) a mechanism that heats and cools indoor air by transferring heat from outdoor or indoor air using a fan, (2) a refrigerant-filled heat exchanger, and (3) an inverter-driven compressor that varies the pressure of the refrigerant to warm or cool the refrigerant vapor. new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin A residential heat pump rebate program is established in the department to provide financial assistance to eligible applicants that purchase and install a heat pump in the applicant's Minnesota residence. new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin (a) An application for a rebate under this section must be made to the commissioner on a form developed by the commissioner. The application must be accompanied by documentation, as required by the commissioner, demonstrating that: new text end

new text begin (1) the applicant is an eligible applicant; new text end

new text begin (2) the applicant owns the Minnesota residence in which the heat pump is to be installed; new text end

new text begin (3) the applicant has had an energy audit conducted of the residence in which the heat pump is to be installed within the last 18 months by a person with a Building Analyst Technician certification issued by the Building Performance Institute, Inc., or an equivalent certification, as determined by the commissioner; new text end

new text begin (4) either: new text end

new text begin (i) the applicant has installed in the applicant's residence, by a contractor with an Air Leakage Control Installer certification issued by the Building Performance Institute, Inc., or an equivalent certification, as determined by the commissioner, the amount of insulation and the air sealing measures recommended by the auditor; or new text end

new text begin (ii) the auditor has otherwise determined that the amount of insulation and air sealing measures in the residence are sufficient to enable effective heat pump performance; new text end

new text begin (5) the applicant has purchased a heat pump of the capacity recommended by the auditor or contractor, and has had the heat pump installed by a contractor with sufficient training and experience in installing heat pumps, as determined by the commissioner; and new text end

new text begin (6) the total cost to purchase and install the heat pump in the applicant's residence. new text end

new text begin (b) The commissioner must develop administrative procedures governing the application and rebate award processes. new text end

new text begin (c) The commissioner may modify program requirements under this section when necessary to align with comparable federal programs administered by the department under the federal Inflation Reduction Act of 2022, Public Law 117-189. new text end

new text begin Subd. 4. new text end

new text begin Rebate amount. new text end

new text begin A rebate awarded under this section must not exceed the lesser of: new text end

new text begin (1) $4,000; or new text end

new text begin (2) the total cost to purchase and install the heat pump in an eligible applicant's residence net of the rebate amount received for the heat pump from the federal Department of Energy under the Inflation Reduction Act of 2022, Public Law 117-189. new text end

new text begin Subd. 5. new text end

new text begin Assisting applicants. new text end

new text begin The commissioner may issue a request for proposal seeking an entity to serve as an energy coordinator to interact directly with applicants and potential applicants to: new text end

new text begin (1) explain the technical aspects of heat pumps, energy audits, and energy conservation measures, and the energy and financial savings that can result from implementing each; new text end

new text begin (2) identify federal, state, and utility programs available to homeowners to reduce the costs of energy audits, energy conservation, and heat pumps; new text end

new text begin (3) explain the requirements and scheduling of the application process; new text end

new text begin (4) provide access to certified contractors who can perform energy audits, install insulation and air sealing measures, and install heat pumps; and new text end

new text begin (5) conduct outreach to make potential applicants aware of the program. new text end

new text begin Subd. 6. new text end

new text begin Contractor training and support. new text end

new text begin The commissioner may issue a request for proposals seeking an entity to develop and organize programs to train contractors with respect to the technical aspects and installation of heat pumps in residences. The training curriculum must be at a level sufficient to provide contractors who complete training with the knowledge and skills necessary to install heat pumps to industry best practice standards, as determined by the commissioner. Training programs must: (1) be accessible in all regions of the state; and (2) provide mentoring and ongoing support, including continuing education and financial assistance, to trainees. new text end

new text begin Subd. 7. new text end

new text begin Account established. new text end

new text begin (a) The residential heat pump rebate account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund, but remains in the account until expended. The commissioner shall manage the account. new text end

new text begin (b) Money in the account is appropriated to the commissioner for the purposes of this section and to reimburse the reasonable costs of the department to administer this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 47.

new text begin [216C.51] UTILITY DIVERSITY REPORTING. new text end

new text begin Subdivision 1. new text end

new text begin Public policy. new text end

new text begin It is the public policy of this state to encourage each utility that serves Minnesota residents to focus on and improve the diversity of the utility's workforce and suppliers. new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin As used in this section, "utility" has the meaning given to the term "public utility" in section 216B.02, subdivision 4. new text end

new text begin Subd. 3. new text end

new text begin Annual report. new text end

new text begin (a) Beginning March 15, 2024, and each March 15 thereafter, each utility authorized to do business in Minnesota must file an annual diversity report to the commissioner in the public eDockets system that describes: new text end

new text begin (1) the utility's goals and efforts to increase diversity in the workplace, including current workforce representation numbers and percentages; and new text end

new text begin (2) all procurement goals and actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises during the previous calendar year. new text end

new text begin (b) The goals under paragraph (a), clause (2), must be expressed as a percentage of the total work performed by the utility submitting the report. The actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises must also be expressed as a percentage of the total work performed by the utility submitting the report. new text end

new text begin Subd. 4. new text end

new text begin Report elements. new text end

new text begin Each utility required to report under this section must include the following in the annual report: new text end

new text begin (1) an explanation of the plan to increase diversity in the utility's workforce and among the utility's suppliers during the next year; new text end

new text begin (2) an explanation of the plan to increase the goals; new text end

new text begin (3) an explanation of the challenges faced to increase workforce and supplier diversity, including suggestions regarding actions the department could take to help identify potential employees and vendors; new text end

new text begin (4) a list of the certifications the company recognizes; new text end

new text begin (5) a point of contact for a potential employee or vendor that wishes to work for or do business with the utility; and new text end

new text begin (6) a list of successful actions taken to increase workforce and supplier diversity, to encourage other companies to emulate best practices. new text end

new text begin Subd. 5. new text end

new text begin State data. new text end

new text begin Each annual report must include as much state-specific data as possible. If the submitting utility does not submit state-specific data, the utility must include any relevant national data the utility possesses, explain why the utility could not submit state-specific data, and detail how the utility intends to include state-specific data in future reports, if possible. new text end

new text begin Subd. 6. new text end

new text begin Publication; retention. new text end

new text begin The department must publish an annual report on the department's website and must maintain each annual report for at least five years. new text end

Sec. 48.

Minnesota Statutes 2022, section 216E.01, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Energy storage system. new text end

new text begin "Energy storage system" means equipment and associated facilities designed with a nameplate capacity of 10,000 kilowatts or more that is capable of storing generated electricity for a period of time and delivering the electricity for use after storage. 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. 49.

Minnesota Statutes 2022, section 216E.01, subdivision 6, is amended to read:

Subd. 6.

Large electric power facilities.

"Large electric power facilities" means high voltage transmission lines deleted text begin anddeleted text end new text begin ,new text end large electric power generating plantsnew text begin , and energy storage systemsnew text end .

Sec. 50.

Minnesota Statutes 2022, section 216E.03, subdivision 1, is amended to read:

Subdivision 1.

Site permit.

No person may construct a large electric generating plant new text begin or an energy storage system new text end without a site permit from the commission. A large electric generating plantnew text begin or an energy storage systemnew text end may be constructed only on a site approved by the commission. The commission must incorporate into one proceeding the route selection for a high-voltage transmission line that is directly associated with and necessary to interconnect the large electric generating plant to the transmission system and whose need is certified under section 216B.243.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 51.

Minnesota Statutes 2022, section 216E.03, subdivision 3, is amended to read:

Subd. 3.

Application.

Any person seeking to construct a large electric power deleted text begin generating plant or a high-voltage transmission linedeleted text end new text begin facilitynew text end must apply to the commission for a site or route permitnew text begin , as applicablenew text end . The application shall contain such information as the commission may require. The applicant shall propose at least two sites for a large electric power deleted text begin generating plantdeleted text end new text begin facilitynew text end and two routes for a high-voltage transmission line. Neither of the two proposed routes may be designated as a preferred route and all proposed routes must be numbered and designated as alternatives. The commission shall determine whether an application is complete and advise the applicant of any deficiencies within ten days of receipt. An application is not incomplete if information not in the application can be obtained from the applicant during the first phase of the process and that information is not essential for notice and initial public meetings.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 52.

Minnesota Statutes 2022, section 216E.03, subdivision 5, as amended by Laws 2023, chapter 7, section 25, is amended to read:

Subd. 5.

Environmental review.

(a) The commissioner of the Department of Commerce shall prepare for the commission an environmental impact statement on each proposed large electric power deleted text begin generating plant or high-voltage transmission linedeleted text end new text begin facilitynew text end for which a complete application has been submitted. The commissioner shall not consider whether or not the project is needed. No other state environmental review documents shall be required. The commissioner shall study and evaluate any site or route proposed by an applicant and any other site or route the commission deems necessary that was proposed in a manner consistent with rules concerning the form, content, and timeliness of proposals for alternate sites or routes, excluding any alternate site for a solar energy generating system that was not proposed by an applicant.

(b) For a cogeneration facility as defined in section 216H.01, subdivision 1a, that is a large electric power generating plant and is not proposed by a utility, the commissioner must make a finding in the environmental impact statement whether the project is likely to result in a net reduction of carbon dioxide emissions, considering both the utility providing electric service to the proposed cogeneration facility and any reduction in carbon dioxide emissions as a result of increased efficiency from the production of thermal energy on the part of the customer operating or owning the proposed cogeneration facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 53.

Minnesota Statutes 2022, section 216E.03, subdivision 6, is amended to read:

Subd. 6.

Public hearing.

The commission shall hold a public hearing on an application for a site new text begin or route new text end permit for a large electric power deleted text begin generating plant or a route permit for a high-voltage transmission linedeleted text end new text begin facilitynew text end . All hearings held for designating a site or route shall be conducted by an administrative law judge from the Office of Administrative Hearings pursuant to the contested case procedures of chapter 14. Notice of the hearing shall be given by the commission at least ten days in advance but no earlier than 45 days prior to the commencement of the hearing. Notice shall be by publication in a legal newspaper of general circulation in the county in which the public hearing is to be held and by certified mail to chief executives of the regional development commissions, counties, organized towns, townships, and the incorporated municipalities in which a site or route is proposed. Any person may appear at the hearings and offer testimony and exhibits without the necessity of intervening as a formal party to the proceedings. The administrative law judge may allow any person to ask questions of other witnesses. The administrative law judge shall hold a portion of the hearing in the area where the power plant or transmission line is proposed to be located.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 54.

Minnesota Statutes 2022, section 216E.03, subdivision 7, as amended by Laws 2023, chapter 7, section 26, is amended to read:

Subd. 7.

Considerations in designating sites and routes.

(a) The commission's site and route permit determinations must be guided by the state's goals to conserve resources, minimize environmental impacts, minimize human settlement and other land use conflicts, and ensure the state's electric energy security through efficient, cost-effective power supply and electric transmission infrastructure.

(b) To facilitate the study, research, evaluation, and designation of sites and routes, the commission shall be guided by, but not limited to, the following considerations:

(1) evaluation of research and investigations relating to the effects on land, water and air resources of large electric power deleted text begin generating plants and high-voltage transmission linesdeleted text end new text begin facilitiesnew text end and the effects of water and air discharges and electric and magnetic fields resulting from such facilities on public health and welfare, vegetation, animals, materials and aesthetic values, including baseline studies, predictive modeling, and evaluation of new or improved methods for minimizing adverse impacts of water and air discharges and other matters pertaining to the effects of power plants on the water and air environment;

(2) environmental evaluation of sites and routes proposed for future development and expansion and their relationship to the land, water, air and human resources of the state;

(3) evaluation of the effects of new electric power generation and transmission technologies and systems related to power plants designed to minimize adverse environmental effects;

(4) evaluation of the potential for beneficial uses of waste energy from proposed large electric power generating plants;

(5) analysis of the direct and indirect economic impact of proposed sites and routes including, but not limited to, productive agricultural land lost or impaired;

(6) evaluation of adverse direct and indirect environmental effects that cannot be avoided should the proposed site and route be accepted;

(7) evaluation of alternatives to the applicant's proposed site or route proposed pursuant to subdivisions 1 and 2;

(8) evaluation of potential routes that would use or parallel existing railroad and highway rights-of-way;

(9) evaluation of governmental survey lines and other natural division lines of agricultural land so as to minimize interference with agricultural operations;

(10) evaluation of the future needs for additional high-voltage transmission lines in the same general area as any proposed route, and the advisability of ordering the construction of structures capable of expansion in transmission capacity through multiple circuiting or design modifications;

(11) evaluation of irreversible and irretrievable commitments of resources should the proposed site or route be approved;

(12) when appropriate, consideration of problems raised by other state and federal agencies and local entities;

(13) evaluation of the benefits of the proposed facility with respect to (i) the protection and enhancement of environmental quality, and (ii) the reliability of state and regional energy supplies;

(14) evaluation of the proposed facility's impact on socioeconomic factors; and

(15) evaluation of the proposed facility's employment and economic impacts in the vicinity of the facility site and throughout Minnesota, including the quantity and quality of construction and permanent jobs and their compensation levels. The commission must consider a facility's local employment and economic impacts, and may reject or place conditions on a site or route permit based on the local employment and economic impacts.

(c) If the commission's rules are substantially similar to existing regulations of a federal agency to which the utility in the state is subject, the federal regulations must be applied by the commission.

(d) No site or route shall be designated which violates state agency rules.

(e) The commission must make specific findings that it has considered locating a route for a high-voltage transmission line on an existing high-voltage transmission route and the use of parallel existing highway right-of-way and, to the extent those are not used for the route, the commission must state the reasons.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 55.

Minnesota Statutes 2022, section 216E.04, subdivision 2, as amended by Laws 2023, chapter 7, section 29, is amended to read:

Subd. 2.

Applicable projects.

The requirements and procedures in this section apply to the following projects:

(1) large electric power generating plants with a capacity of less than 80 megawatts;

(2) large electric power generating plants that are fueled by natural gas;

(3) high-voltage transmission lines of between 100 and 200 kilovolts;

(4) high-voltage transmission lines in excess of 200 kilovolts and less than 30 miles in length in Minnesota;

(5) high-voltage transmission lines in excess of 200 kilovolts if at least 80 percent of the distance of the line in Minnesota will be located along existing high-voltage transmission line right-of-way;

(6) a high-voltage transmission line service extension to a single customer between 200 and 300 kilovolts and less than ten miles in length;

(7) a high-voltage transmission line rerouting to serve the demand of a single customer when the rerouted line will be located at least 80 percent on property owned or controlled by the customer or the owner of the transmission line; deleted text begin anddeleted text end

(8) large electric power generating plants that are powered by solar energydeleted text begin .deleted text end new text begin ; andnew text end

new text begin (9) energy storage systems. 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. 56.

Minnesota Statutes 2022, section 216E.05, subdivision 2, is amended to read:

Subd. 2.

Applicable projects.

Applicants may seek approval from local units of government to construct the following projects:

(1) large electric power generating plants with a capacity of less than 80 megawatts;

(2) large electric power generating plants of any size that burn natural gas and are intended to be a peaking plant;

(3) high-voltage transmission lines of between 100 and 200 kilovolts;

(4) substations with a voltage designed for and capable of operation at a nominal voltage of 100 kilovolts or more;

(5) a high-voltage transmission line service extension to a single customer between 200 and 300 kilovolts and less than ten miles in length; deleted text begin anddeleted text end

(6) a high-voltage transmission line rerouting to serve the demand of a single customer when the rerouted line will be located at least 80 percent on property owned or controlled by the customer or the owner of the transmission linenew text begin ; andnew text end

new text begin (7) energy storage systemsnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 57.

Minnesota Statutes 2022, section 216E.06, is amended to read:

216E.06 EMERGENCY PERMIT.

(a) Any utility whose electric power system requires the immediate construction of a large electric power deleted text begin generating plant or high-voltage transmission linedeleted text end new text begin facilitynew text end due to a major unforeseen event may apply to the commission for an emergency permit. The application shall provide notice in writing of the major unforeseen event and the need for immediate construction. The permit must be issued in a timely manner, no later than 195 days after the commission's acceptance of the application and upon a finding by the commission that (1) a demonstrable emergency exists, (2) the emergency requires immediate construction, and (3) adherence to the procedures and time schedules specified in section 216E.03 would jeopardize the utility's electric power system or would jeopardize the utility's ability to meet the electric needs of its customers in an orderly and timely manner.

(b) A public hearing to determine if an emergency exists must be held within 90 days of the application. The commission, after notice and hearing, shall adopt rules specifying the criteria for emergency 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. 58.

Minnesota Statutes 2022, section 216E.07, is amended to read:

216E.07 ANNUAL HEARING.

The commission shall hold an annual public hearing at a time and place prescribed by rule in order to afford interested persons an opportunity to be heard regarding any matters relating to the siting new text begin and routing new text end of large electric deleted text begin generatingdeleted text end power deleted text begin plants and routing of high-voltage transmission linesdeleted text end new text begin facilitiesnew text end . At the meeting, the commission shall advise the public of the permits issued by the commission in the past year. The commission shall provide at least ten days but no more than 45 days' notice of the annual meeting by mailing or serving electronically, as provided in section 216.17, a notice to those persons who have requested notice and by publication in the EQB Monitor and the commission's weekly calendar.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 59.

Minnesota Statutes 2022, section 216E.10, is amended to read:

216E.10 APPLICATION TO LOCAL REGULATION AND OTHER STATE PERMITS.

Subdivision 1.

Site or route permit prevails over local provisions.

To assure the paramount and controlling effect of the provisions herein over other state agencies, regional, county, and local governments, and special purpose government districts, the issuance of a site permit or route permit and subsequent purchase and use of such site or route locations for large electric power deleted text begin generating plant and high-voltage transmission linedeleted text end new text begin facilitynew text end purposes shall be the sole site or route approval required to be obtained by the utility. Such permit shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government.

Subd. 2.

Other state permits.

Notwithstanding anything herein to the contrary, utilities shall obtain state permits that may be required to construct and operate large electric power deleted text begin generating plants and high-voltage transmission linesdeleted text end new text begin facilitiesnew text end . A state agency in processing a utility's facility permit application shall be bound to the decisions of the commission, with respect to the site or route designation, and with respect to other matters for which authority has been granted to the commission by this chapter.

Subd. 3.

State agency participation.

(a) State agencies authorized to issue permits required for construction or operation of large electric power deleted text begin generating plants or high-voltage transmission linesdeleted text end new text begin facilitiesnew text end shall participate during routing and siting at public hearings and all other activities of the commission on specific site or route designations and design considerations of the commission, and shall clearly state whether the site or route being considered for designation or permit and other design matters under consideration for approval will be in compliance with state agency standards, rules, or policies.

(b) An applicant for a permit under this section or under chapter 216G shall notify the commissioner of agriculture if the proposed project will impact cultivated agricultural land, as that term is defined in section 216G.01, subdivision 4. The commissioner may participate and advise the commission as to whether to grant a permit for the project and the best options for mitigating adverse impacts to agricultural lands if the permit is granted. The Department of Agriculture shall be the lead agency on the development of any agricultural mitigation plan required for the project.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 60.

Minnesota Statutes 2022, section 216G.02, subdivision 1, is amended to read:

Subdivision 1.

Definition.

new text begin (a) new text end For purposes of this section deleted text begin anddeleted text end new text begin , the following terms defined in this subdivision have the meanings given.new text end

new text begin (b) "Gas" means natural gas, flammable gas, carbon dioxide, gas that is toxic, or gas that is corrosive, regardless of whether the material has been compressed or cooled to a liquid or supercritical state. new text end

new text begin (c) "Hazardous liquid" means petroleum, petroleum products, anhydrous ammonia, or a substance included in the definition of hazardous liquid under Code of Federal Regulations, title 49, section 195.2, as amended. new text end

new text begin (d)new text end Notwithstanding section 216G.01, subdivision 3, "pipeline" means:

(1) pipe with a nominal diameter of six inches or more that is designed to transport hazardous liquids, but does not include pipe designed to transport a hazardous liquid by gravity, and pipe designed to transport or store a hazardous liquid within a refining, storage, or manufacturing facility; or

(2) pipe designed to be operated at a pressure of more than 275 pounds per square inch and to carry gas.

Sec. 61.

Minnesota Statutes 2022, section 216H.02, subdivision 1, is amended to read:

Subdivision 1.

Greenhouse gas emissions-reduction goal.

new text begin (a) new text end It is the goal of the state to reduce statewide greenhouse gas emissions across all sectors producing deleted text begin thosedeleted text end new text begin greenhouse gasnew text end emissions deleted text begin to a level at least 15 percent below 2005 levels by 2015, to a level at least 30 percent below 2005 levels by 2025, and to a level at least 80 percent below 2005 levels by 2050.deleted text end new text begin by at least the following amounts, compared with the level of emissions in 2005:new text end

new text begin (1) 15 percent by 2015; new text end

new text begin (2) 30 percent by 2025; new text end

new text begin (3) 50 percent by 2030; and new text end

new text begin (4) to net zero by 2050. new text end

new text begin (b) To the maximum extent practicable, actions taken to achieve these goals must avoid causing disproportionate adverse impacts to residents of communities that are or have been incommensurately exposed to pollution affecting human health and environmental quality. new text end

new text begin (c)new text end The deleted text begin levels shalldeleted text end new text begin targets under paragraph (a) mustnew text end be reviewed deleted text begin based on the climate change action plan studydeleted text end new text begin annually by the commissioner of the Pollution Control Agency, taking into account the latest scientific research on the impacts of climate change and strategies to reduce greenhouse gas emissions published by the Intergovernmental Panel on Climate Changenew text end .new text begin The commissioner must forward any recommended changes to the targets to the chairs and ranking minority members of legislative committees with primary jurisdiction over climate change and environmental policy.new text end

new text begin (d) For the purposes of the subdivision, "net zero" means: new text end

new text begin (1) statewide greenhouse gas emissions equal to zero; or new text end

new text begin (2) when annual anthropogenic emissions of greenhouse gases to the atmosphere are balanced by removals over a specific period. 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. 62.

Minnesota Statutes 2022, section 237.55, is amended to read:

237.55 ANNUAL REPORT ON TELECOMMUNICATIONS ACCESS.

The commissioner of commerce must prepare a report for presentation to the Public Utilities Commission by deleted text begin Januarydeleted text end new text begin Marchnew text end 31 deleted text begin ofdeleted text end each year. Each report must review the accessibility of telecommunications services to persons who have communication disabilities, describe services provided, account for annual revenues and expenditures deleted text begin for each aspect of the fund to datedeleted text end , and include deleted text begin predicted programdeleted text end new text begin anticipatednew text end future deleted text begin operationdeleted text end new text begin program operationsnew text end .

Sec. 63.

new text begin [500.216] LIMITS ON CERTAIN RESIDENTIAL SOLAR ENERGY SYSTEMS PROHIBITED. 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 terms defined in this subdivision have the meanings given. new text end

new text begin (b) "Private entity" means a homeowners association, community association, or other association that is subject to a homeowners association document. new text end

new text begin (c) "Homeowners association document" means a document containing the declaration, articles of incorporation, bylaws, or rules and regulations of: new text end

new text begin (1) a common interest community, as defined in section 515B.1-103, regardless of whether the common interest community is subject to chapter 515B; and new text end

new text begin (2) a residential community that is not a common interest community. new text end

new text begin (d) "Solar energy system" has the meaning given in section 216C.06, subdivision 17. new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section applies to: new text end

new text begin (1) single-family detached dwellings whose owner is the sole owner of the entire building in which the dwelling is located and who is solely responsible for the maintenance, repair, replacement, and insurance of the entire building; and new text end

new text begin (2) multifamily attached dwellings whose owner is the sole owner of the entire building in which the dwelling is located and who is solely responsible for the maintenance, repair, replacement, and insurance of the entire building. new text end

new text begin Subd. 3. new text end

new text begin General rule. new text end

new text begin Except as otherwise provided in this section and notwithstanding any covenant, restriction, or condition contained in a deed, security instrument, homeowners association document, or any other instrument affecting the transfer, sale of, or an interest in real property, a private entity must not prohibit or refuse to permit the owner of a single-family dwelling to install, maintain, or use a roof-mounted solar energy system. new text end

new text begin Subd. 4. new text end

new text begin Allowable conditions. new text end

new text begin (a) A private entity may require that: new text end

new text begin (1) a licensed contractor install a solar energy system; new text end

new text begin (2) a roof-mounted solar energy system not extend above the peak of a pitched roof or beyond the edge of the roof; new text end

new text begin (3) the owner or installer of a solar energy system indemnify or reimburse the private entity or the private entity's members for loss or damage caused by the installation, maintenance, use, repair, or removal of a solar energy system; new text end

new text begin (4) the owner and each successive owner of a solar energy system list the private entity as a certificate holder on the homeowner's insurance policy; or new text end

new text begin (5) the owner and each successive owner of a solar energy system be responsible for removing the system if reasonably necessary to repair, perform maintenance, or replace common elements or limited common elements, as defined in section 515B.1-103. new text end

new text begin (b) A private entity may impose other reasonable restrictions on installing, maintaining, or using solar energy systems, provided that the restrictions do not: (1) decrease the solar energy system's projected energy generation by more than ten percent; or (2) increase the solar energy system's cost by more than (i) 20 percent for a solar water heater, or (ii) $1,000 for a solar photovoltaic system, when compared with the solar energy system's energy generation and the cost of labor and materials originally proposed without the restrictions, as certified by the solar energy system's designer or installer. A private entity may obtain an alternative bid and design from a solar energy system designer or installer for the purposes of this paragraph. new text end

new text begin (c) A solar energy system must meet applicable standards and requirements imposed by the state and by governmental units, as defined in section 462.384. new text end

new text begin (d) A solar energy system for heating water must be certified by the Solar Rating Certification Corporation or an equivalent certification agency. A solar energy system for producing electricity must meet: (1) all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories, including but not limited to Underwriters Laboratories; and (2) where applicable, rules of the Public Utilities Commission regarding safety and reliability. new text end

new text begin (e) If approval by a private entity is required prior to installing or using a solar energy system, the application for approval (1) must be processed and approved in the same manner as an application for approval of an architectural modification to the property, and (2) must not be willfully avoided or delayed. In no event does a private entity have less than 60 days to approve or disapprove an application for a solar energy system. new text end

new text begin (f) An application for approval must be made in writing and must contain certification that the applicant must meet any conditions required by a private entity under subdivision 4. An application must include a copy of the interconnection application submitted to the applicable electric utility. new text end

new text begin (g) A private entity must approve or deny an application in writing. If an application is not denied in writing within 60 days of the date the application was received, the application is deemed approved unless the delay is the result of a reasonable request for additional information. If a private entity determines that additional information is needed from the applicant in order to approve or disapprove the application, the private entity must request the additional information in writing within 60 days from the date of receipt of the application. If the private entity makes a request for additional information within 15 days from the date the private entity initially received the application, the private entity shall have 60 days from the date of receipt of the additional information in which to approve or disapprove the application. If the private entity makes a written request to the applicant for additional information more than 15 days after the private entity initially received the application, the private entity has 15 days after the private entity receives the additional information requested from the applicant in which to approve or disapprove the application, but in no event does the private entity have less than 60 days from the date the private entity initially received the application in which to approve or disapprove the application. new text end

Sec. 64.

Minnesota Statutes 2022, section 515B.2-103, is amended to read:

515B.2-103 CONSTRUCTION AND VALIDITY OF DECLARATION AND BYLAWS.

(a) All provisions of the declaration and bylaws are severable.

(b) The rule against perpetuities may not be applied to defeat any provision of the declaration or this chapter, or any instrument executed pursuant to the declaration or this chapter.

(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent that the declaration is inconsistent with this chapter.

(d) The declaration and bylaws must comply with deleted text begin sectiondeleted text end new text begin sectionsnew text end 500.215new text begin and 500.216new text end .

Sec. 65.

Minnesota Statutes 2022, section 515B.3-102, is amended to read:

515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.

(a) Except as provided in subsections (b), (c), (d), and (e), and subject to the provisions of the declaration or bylaws, the association shall have the power to:

(1) adopt, amend and revoke rules and regulations not inconsistent with the articles of incorporation, bylaws and declaration, as follows: (i) regulating the use of the common elements; (ii) regulating the use of the units, and conduct of unit occupants, which may jeopardize the health, safety or welfare of other occupants, which involves noise or other disturbing activity, or which may damage the common elements or other units; (iii) regulating or prohibiting animals; (iv) regulating changes in the appearance of the common elements and conduct which may damage the common interest community; (v) regulating the exterior appearance of the common interest community, including, for example, balconies and patios, window treatments, and signs and other displays, regardless of whether inside a unit; (vi) implementing the articles of incorporation, declaration and bylaws, and exercising the powers granted by this section; and (vii) otherwise facilitating the operation of the common interest community;

(2) adopt and amend budgets for revenues, expenditures and reserves, and levy and collect assessments for common expenses from unit owners;

(3) hire and discharge managing agents and other employees, agents, and independent contractors;

(4) institute, defend, or intervene in litigation or administrative proceedings (i) in its own name on behalf of itself or two or more unit owners on matters affecting the common elements or other matters affecting the common interest community or, (ii) with the consent of the owners of the affected units on matters affecting only those units;

(5) make contracts and incur liabilities;

(6) regulate the use, maintenance, repair, replacement, and modification of the common elements and the units;

(7) cause improvements to be made as a part of the common elements, and, in the case of a cooperative, the units;

(8) acquire, hold, encumber, and convey in its own name any right, title, or interest to real estate or personal property, but (i) common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to section 515B.3-112, or (ii) part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to section 515B.3-112;

(9) grant or amend easements for public utilities, public rights-of-way or other public purposes, and cable television or other communications, through, over or under the common elements; grant or amend easements, leases, or licenses to unit owners for purposes authorized by the declaration; and, subject to approval by a vote of unit owners other than declarant or its affiliates, grant or amend other easements, leases, and licenses through, over or under the common elements;

(10) impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements, and for services provided to unit owners;

(11) impose interest and late charges for late payment of assessments and, after notice and an opportunity to be heard before the board or a committee appointed by it, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association;

(12) impose reasonable charges for the review, preparation and recordation of amendments to the declaration, resale certificates required by section 515B.4-107, statements of unpaid assessments, or furnishing copies of association records;

(13) provide for the indemnification of its officers and directors, and maintain directors' and officers' liability insurance;

(14) provide for reasonable procedures governing the conduct of meetings and election of directors;

(15) exercise any other powers conferred by law, or by the declaration, articles of incorporation or bylaws; and

(16) exercise any other powers necessary and proper for the governance and operation of the association.

(b) Notwithstanding subsection (a) the declaration or bylaws may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.

(c) Notwithstanding subsection (a), powers exercised under this section must comply with deleted text begin sectiondeleted text end new text begin sectionsnew text end 500.215new text begin and 500.216new text end .

(d) Notwithstanding subsection (a)(4) or any other provision of this chapter, the association, before instituting litigation or arbitration involving construction defect claims against a development party, shall:

(1) mail or deliver written notice of the anticipated commencement of the action to each unit owner at the addresses, if any, established for notices to owners in the declaration and, if the declaration does not state how notices are to be given to owners, to the owner's last known address. The notice shall specify the nature of the construction defect claims to be alleged, the relief sought, and the manner in which the association proposes to fund the cost of pursuing the construction defect claims; and

(2) obtain the approval of owners of units to which a majority of the total votes in the association are allocated. Votes allocated to units owned by the declarant, an affiliate of the declarant, or a mortgagee who obtained ownership of the unit through a foreclosure sale are excluded. The association may obtain the required approval by a vote at an annual or special meeting of the members or, if authorized by the statute under which the association is created and taken in compliance with that statute, by a vote of the members taken by electronic means or mailed ballots. If the association holds a meeting and voting by electronic means or mailed ballots is authorized by that statute, the association shall also provide for voting by those methods. Section 515B.3-110(c) applies to votes taken by electronic means or mailed ballots, except that the votes must be used in combination with the vote taken at a meeting and are not in lieu of holding a meeting, if a meeting is held, and are considered for purposes of determining whether a quorum was present. Proxies may not be used for a vote taken under this paragraph unless the unit owner executes the proxy after receipt of the notice required under subsection (d)(1) and the proxy expressly references this notice.

(e) The association may intervene in a litigation or arbitration involving a construction defect claim or assert a construction defect claim as a counterclaim, crossclaim, or third-party claim before complying with subsections (d)(1) and (d)(2) but the association's complaint in an intervention, counterclaim, crossclaim, or third-party claim shall be dismissed without prejudice unless the association has complied with the requirements of subsection (d) within 90 days of the association's commencement of the complaint in an intervention or the assertion of the counterclaim, crossclaim, or third-party claim.

Sec. 66.

Laws 2005, chapter 97, article 10, section 3, as amended by Laws 2013, chapter 85, article 7, section 9, is amended to read:

Sec. 3.

SUNSET.

Sections 1 and 2 deleted text begin shalldeleted text end expire deleted text begin ondeleted text end June 30, deleted text begin 2023deleted text end new text begin 2028new 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. 67.

new text begin RULEMAKING AUTHORIZED. new text end

new text begin (a) The Public Utilities Commission is authorized to develop and adopt rules for siting energy storage systems and to reflect the provisions of this act. new text end

new text begin (b) Until the Public Utilities Commission adopts rules under this section, the Public Utilities Commission shall utilize applicable provisions of Minnesota Rules, chapter 7850, to site energy storage systems, except that Minnesota Rules, part 7850.4400, subpart 4, does not apply to energy storage systems. new text end

new text begin (c) For the purposes of this section, "energy storage system" has the meaning given in Minnesota Statutes, section 216E.01, subdivision 3a. 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. 68.

new text begin LOCAL CLIMATE ACTION GRANT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purpose of this section, the following terms have the meanings given: new text end

new text begin (1) "climate change" means a change in global or regional climate patterns associated with increased levels of greenhouse gas emissions entering the atmosphere largely as a result of human activity; new text end

new text begin (2) "commissioner" means the commissioner of the Pollution Control Agency; new text end

new text begin (3) "eligible applicant" means a political subdivision, an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code, or an educational institution; new text end

new text begin (4) "greenhouse gas emission" means an emission of carbon dioxide, methane, nitrous oxide, chlorofluorocarbons, hydrofluorocarbons, sulfur hexafluoride, and other gases that trap heat in the atmosphere; new text end

new text begin (5) "local jurisdiction" means the geographic area in which grant activities take place; and new text end

new text begin (6) "political subdivision" means: new text end

new text begin (i) a county; home rule charter or statutory city or town; regional development commission established under Minnesota Statutes, section 462.387; or any other local political subdivision; or new text end

new text begin (ii) a Tribal government, as defined in Minnesota Statutes, section 116J.64, subdivision 4. new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner must establish a local climate action grant program in the Pollution Control Agency. The purpose of the program is to provide grants to support local jurisdictions to address climate change by developing and implementing plans of action or creating new organizations and institutions to devise policies and programs that: new text end

new text begin (1) enable local jurisdictions to adapt to extreme weather events and a changing climate; or new text end

new text begin (2) reduce the local jurisdiction's contributions to the causes of climate change. new text end

new text begin Subd. 3. new text end

new text begin Account established. new text end

new text begin (a) The local climate action grant account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund, but remains in the account until expended. The commissioner shall manage the account. new text end

new text begin (b) Money in the account is appropriated to the agency for the purposes of this section and to reimburse the reasonable costs of the department to administer this section. new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin (a) Application for a grant under this section must be made to the commissioner on a form developed by the commissioner. The commissioner must develop procedures for soliciting and reviewing applications and for awarding grants under this section. new text end

new text begin (b) Eligible applicants for a grant under this section must be located in or conduct the preponderance of the applicant's work in the local jurisdiction where the proposed grant activities take place. new text end

new text begin Subd. 5. new text end

new text begin Awarding grants. new text end

new text begin (a) In awarding grants under this section, the commissioner must give preference to proposals that seek to involve a broad array of community residents, organizations, and institutions in the local jurisdiction's efforts to address climate change. new text end

new text begin (b) The commissioner shall endeavor to award grants under this section to applicants in all regions of the state. new text end

new text begin Subd. 6. new text end

new text begin Grant amounts. new text end

new text begin (a) A grant awarded under this section must not exceed $50,000. new text end

new text begin (b) A grant awarded under this section for activities taking place in a local jurisdiction whose population equals or exceeds 20,000 must be matched 50 percent with local funds. new text end

new text begin (c) A grant awarded under this section for activities taking place in a local jurisdiction whose population is under 20,000 must be matched a minimum of five percent with local funds or equivalent in-kind services. new text end

new text begin Subd. 7. new text end

new text begin Contract; greenhouse gas emissions data. new text end

new text begin The commissioner shall contract with an independent consultant to estimate the annual amount of greenhouse gas emissions generated within political subdivisions awarded a grant under this section that the commissioner determines need the data in order to carry out the proposed grant activities. The information must contain emissions data for the most recent three years available, and must conform with the ICLEI United States Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions, including, at a minimum, the Basic Emissions Generating Activities described in the protocol. new text end

new text begin Subd. 8. new text end

new text begin Technical assistance. new text end

new text begin The Pollution Control Agency shall provide directly or contract with an entity outside the agency to provide technical assistance to applicants proposing to develop an action plan under this section, including greenhouse gas emissions estimates developed under subdivision 7, and examples of actions taken and plans developed by other local communities in Minnesota and elsewhere. new text end

new text begin Subd. 9. new text end

new text begin Eligible expenditures. new text end

new text begin Appropriations made to support the activities of this section may be used only to: new text end

new text begin (1) provide grants as specified in this section; new text end

new text begin (2) pay a consultant for contracted services provided under subdivisions 7 and 8; and new text end

new text begin (3) reimburse the reasonable expenses incurred by the Pollution Control Agency to provide technical assistance to applicants and to administer the grant program. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 69.

new text begin TRANSFER OF UNENCUMBERED WITHHELD FUNDS. new text end

new text begin Any funds withheld by the public utility subject to Minnesota Statutes, section 116C.779, subdivision 1, to provide financial assistance to schools to purchase and install solar energy systems, as required under Minnesota Statutes 2022, section 216C.376, subdivision 5, paragraph (a), that are unencumbered as of the effective date of this section must be transferred to the solar for schools program account established under Minnesota Statutes, section 216C.375, subdivision 3. 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. 70.

new text begin DECOMMISSIONING AND DEMOLITION PLAN FOR COAL-FIRED PLANT. new text end

new text begin The public utility that owns an electric generation facility powered by coal that is located within the St. Croix National Scenic Riverway and is scheduled for retirement in 2028 must develop a plan and detailed schedule of activities that it proposes to undertake to decommission and demolish the electric generation facility and to remediate pollution at the electric generation facility site. The public utility must file the plan with the Minnesota Public Utilities Commission as part of the public utility's next resource plan filing under Minnesota Statutes, section 216B.2422, or in a separate filing by December 31, 2025, whichever is earlier. A copy of the plan and schedule must be filed on the same date with the governing body of the municipality where the electric generation facility is located. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 71.

new text begin TRIBAL ADVOCACY COUNCIL ON ENERGY; DEPARTMENT OF COMMERCE SUPPORT. new text end

new text begin (a) The Department of Commerce must provide technical support and subject matter expertise to assist and help facilitate any efforts taken by the 11 federally recognized Indian Tribes in Minnesota to establish a Tribal advocacy council on energy. new text end

new text begin (b) When providing support to a Tribal advocacy council on energy, the Department of Commerce may assist the council to: new text end

new text begin (1) assess and evaluate common Tribal energy issues, including (i) identifying and prioritizing energy issues, (ii) facilitating idea sharing between the Tribes to generate solutions to energy issues, and (iii) assisting decision making with respect to resolving energy issues; new text end

new text begin (2) develop new statewide energy policies or proposed legislation, including (i) organizing stakeholder meetings, (ii) gathering input and other relevant information, (iii) assisting with policy proposal development, evaluation, and decision making, and (iv) helping facilitate actions taken to submit, and obtain approval for or have enacted, policies or legislation approved by the council; new text end

new text begin (3) make efforts to raise awareness and provide educational opportunities with respect to Tribal energy issues by (i) identifying information resources, (ii) gathering feedback on issues and topics the council identifies as areas of interest, and (iii) identifying topics for educational forums and helping facilitate the forum process; and new text end

new text begin (4) identify, evaluate, and disseminate successful energy-related practices, and develop mechanisms or opportunities to implement the successful practices. new text end

new text begin (c) Nothing in this section requires or otherwise obligates the 11 federally recognized Indian Tribes in Minnesota to establish a Tribal advocacy council on energy, nor does it require or obligate any one of the 11 federally recognized Indian Tribes in Minnesota to participate in or implement a decision or support an effort made by an established Tribal advocacy council on energy. new text end

new text begin (d) Any support provided by the Department of Commerce to a Tribal advocacy council on energy under this section may be provided only upon request of the council and is limited to issues and areas where the Department of Commerce's expertise and assistance is requested. new text end

Sec. 72.

new text begin ELECTRIC GRID RESILIENCE GRANTS. 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) "Carbon-free" has the meaning given in Minnesota Statutes, section 216B.1691, subdivision 1. new text end

new text begin (c) "Commissioner" means the commissioner of commerce. new text end

new text begin (d) "Consumer-owned utility" has the meaning given in Minnesota Statutes, section 216B.2402, subdivision 2. new text end

new text begin (e) "Department" means the Department of Commerce. new text end

new text begin (f) "Eligible applicant" means a consumer-owned utility or associated trade association, generation and transmission cooperative electric association, municipal power agency, or power district serving one or more consumer-owned utilities. new text end

new text begin (g) "Resilience" means the ability of an electrical grid to prepare for, adapt to, or minimize the consequences of extreme weather or malicious physical or cyber-attacks. new text end

new text begin (h) "Strategic electrification" has the meaning given in Minnesota Statutes, section 216B.2427, subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Program establishment. new text end

new text begin An electric grid resilience grant program is established in the Department of Commerce to provide financial assistance to eligible applicants. A project awarded a grant under this section: new text end

new text begin (1) must increase the resilience of the electric grid; new text end

new text begin (2) may develop or improve carbon-free distributed energy resources in the state; and new text end

new text begin (3) may improve a utility's ability to add load growth resulting from strategic electrification and electrification of transportation. new text end

new text begin Subd. 3. new text end

new text begin Application process. new text end

new text begin An eligible applicant seeking a grant under this section must submit an application to the commissioner on a form developed by the commissioner. The commissioner is responsible for receiving and reviewing grant applications and awarding grants under this subdivision. The commissioner must develop administrative procedures to govern the application, evaluation, and grant award process. new text end

new text begin Subd. 4. new text end

new text begin Grant awards. new text end

new text begin The maximum grant award for each eligible applicant awarded a grant under this subdivision is $250,000. In awarding grants under this subdivision, the department must: new text end

new text begin (1) give priority to projects with the greatest potential to assist an eligible applicant to comply with the standards established in Minnesota Statutes, section 216B.1691; new text end

new text begin (2) endeavor to award grants to eligible applicants from all regions of the state; and new text end

new text begin (3) provide technical assistance to applicants. new text end

new text begin Subd. 5. new text end

new text begin Account established. new text end

new text begin An electric grid resilience grant program account is established as a separate account in the special revenue fund in the state treasury. The commissioner of commerce must credit to the account appropriations and transfers made to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money in the account at the end of a fiscal year does not cancel to the general fund but remains available in the account until expended. The commissioner of commerce must manage the account. new text end

new text begin Subd. 6. new text end

new text begin Appropriation; expenditures. new text end

new text begin Money in the account is appropriated to the commissioner of commerce and must be used only: new text end

new text begin (1) to make grant awards under this section; and new text end

new text begin (2) to pay the reasonable costs incurred by the department to administer this section, including the cost of providing technical assistance to eligible applicants. new text end

new text begin Subd. 7. new text end

new text begin Report. new text end

new text begin Beginning February 15, 2025, and each February 15 thereafter until the appropriation under article 10, section 2, subdivision 2, paragraph (r), has been expended, the commissioner must submit a written report to the chairs and ranking minority members of the legislative committees with jurisdiction over energy policy and finance on the activities taken and expenditures made under this section. The report must, at a minimum, include each grant awarded in the most recent calendar year and the remaining balance of the appropriation under this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 73.

new text begin COMMUNITY SOLAR GARDEN STUDY. new text end

new text begin The commissioner of commerce must contract with a third party for a study of the community solar garden program operated pursuant to Minnesota Statutes, section 216B.1641, and must, by December 15, 2024, submit to the chairs and ranking minority members of the legislative committees with jurisdiction over energy policy a report on the program. The report must include: new text end

new text begin (1) a comparison of the program with similar programs operated in other jurisdictions, including a comparison of program structure, the manner in which applications are submitted and reviewed, how related infrastructure upgrades are prioritized and funded, and how regulations and penalties are structured; new text end

new text begin (2) an analysis of the cost to ratepayers of operating the community solar garden program and a comparison with the cost to ratepayers of other potential options for encouraging adoption of solar electricity generation in this state; and new text end

new text begin (3) an analysis of how the community solar program impacts interconnection and infrastructure upgrade needs and challenges. new text end

Sec. 74.

new text begin UTILITY ENERGY STORAGE SYSTEM CAPACITY STUDY. new text end

new text begin (a) The Department of Commerce shall conduct or contract for a study to determine the optimal capacity of energy storage systems required to be installed by electric utilities located in Minnesota by 2030, 2035, and 2040 in order to achieve the requirements established under: new text end

new text begin (1) Minnesota Statutes, section 216B.1691, subdivision 2g, regarding the proportion of electricity sold at retail in the state that must be generated by carbon-free resources; and new text end

new text begin (2) Minnesota Statutes, section 216B.1691, subdivision 2a, regarding the proportion of electricity sold at retail in the state that must be generated by eligible energy technologies. new text end

new text begin (b) In determining optimal capacity amounts, the study must consider: new text end

new text begin (1) technological advances in energy storage technology that are likely to be made by 2040, and their impact on the cost-effectiveness of deploying energy storage systems; new text end

new text begin (2) the extent to which energy storage systems can serve as substitutes for: new text end

new text begin (i) additional electric transmission lines and distribution system capacity; and new text end

new text begin (ii) additional generating capacity, including peaking capacity; new text end

new text begin (3) which electric utilities are most likely to need and benefit from the deployment of energy storage systems, given their load characteristics and other factors; and new text end

new text begin (4) the deployment of energy storage systems in other states, including in states that have established mandatory targets for storage capacity. new text end

new text begin (c) No later than February 15, 2024, the Department of Commerce shall submit a written report documenting the study's findings to the chairs and ranking minority members of the senate and house of representatives committees with primary responsibility over energy policy and finance. new text end

new text begin (d) No later than February 15, 2024, the Department of Commerce shall host a meeting to solicit input from stakeholders and the public regarding recommendations for the implementation of policies and programs designed to promote the increased deployment of energy storage systems by electric utilities in order to achieve the statewide goals referenced under paragraph (a). The Department of Commerce shall, no later than March 1, 2024, submit a written summary of the recommendations made at the meeting to the members of the legislature identified in paragraph (c) and shall post the summary on the department's website. new text end

new text begin (e) For the purposes of this section, "energy storage system" has the meaning given in Minnesota Statutes, section 216B.2422, subdivision 1. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 75.

new text begin PUBLIC UTILITIES COMMISSION DOCKET; INTERCONNECTION. new text end

new text begin No later than September 1, 2023, the commission shall open a proceeding to establish interconnection procedures that allow customer-sited distributed generation projects up to 40 kilowatts alternating current in capacity to be processed according to schedules specified in the Minnesota Distributed Energy Resources Interconnection Process, giving such projects priority over larger projects that may enjoy superior positions in the processing queue. 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. 76.

new text begin SUPPORTING INVESTMENT IN GREEN FERTILIZER PRODUCTION. new text end

new text begin (a) The commissioner of agriculture may award a grant under this section to a cooperative to invest in green fertilizer production facilities in order to reduce greenhouse gas emissions and increase the use of renewable energy in the agriculture sector. A grant under this section must include a long-term agreement requiring cooperative members to purchase green fertilizer from the facilities and to obtain training in best management practices in fertilizer application to minimize pollution. Renewable energy, hydrogen, and ammonia must be produced within 100 miles of the production facilities and the final production of nitrogen fertilizer must occur within Minnesota. new text end

new text begin (b) For purposes of this section: new text end

new text begin (1) "cooperative" includes an agricultural or rural electric cooperative organized under Minnesota Statutes, chapter 308A or 308B; new text end

new text begin (2) "green fertilizer production facilities" means facilities that use renewable energy to produce anhydrous ammonia, urea, or hydrogen; new text end

new text begin (3) "green hydrogen" means hydrogen produced by splitting water molecules using: new text end

new text begin (i) grid-based electrolyzers that have matched their electricity consumption with wind or solar, on a basis determined by the commissioner; or new text end

new text begin (ii) electrolyzers connected directly to a wind or solar facility; and new text end

new text begin (4) "green fertilizer" means a nitrogen-based fertilizer produced from green hydrogen. new text end

new text begin (c) The commissioner of agriculture must develop criteria and scoring procedures for evaluating and awarding grants. The maximum grant award for a cooperative is $7,000,000. new text end

new text begin (d) Up to five percent of the amount in paragraph (a) may be used by the Department of Agriculture to administer this section. new text end

new text begin (e) By December 15 each year, the commissioner of agriculture must report to the chairs and ranking minority members of the legislative committees with jurisdiction over agriculture to provide an update on the progress of projects funded by this program. Each report must include how much of the amount appropriated has been used, including the amount used for administration. The commissioner may include additional information of interest or relevance to the legislature. This paragraph expires December 31, 2031. new text end

new text begin (f) By December 15, 2032, the commissioner of agriculture must complete a final report to the chairs and ranking minority members of the legislative committees with jurisdiction over agriculture regarding the uses and impacts of this program. The final report must include a list of the grants awarded, the amount of the appropriation used for administration, the amount of green fertilizer produced, and a summary of the economic and environmental impacts of this production compared to the production and purchase of conventionally produced fertilizer. The commissioner of agriculture may include additional information of interest or relevance to the legislature. This paragraph expires December 31, 2032. new text end

Sec. 77.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall make any necessary changes in Minnesota Rules resulting from the changes made to Minnesota Statutes, chapter 216E, in this 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. 78.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2022, section 216C.376, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor May 23, 2023

Signed by the governor May 24, 2023, 9:02 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes