Journal of the House - 88th Day - Monday, April 30, 2018 - Top of Page 9651

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2018

 

_____________________

 

EIGHTY-EIGHTH DAY

 

Saint Paul, Minnesota, Monday, April 30, 2018

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Tony Albright, Speaker pro tempore.

 

      Prayer was offered by the Reverend Andrew Smith, St. John's Lutheran Church, Lakeville, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Miller

Moran

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Johnson, S.; Lillie; Metsa; Slocum and Ward were excused.

 

      Becker-Finn and Kresha were excused until 12:20 p.m.  Flanagan was excused until 12:50 p.m.  Allen was excused until 2:00 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 88th Day - Monday, April 30, 2018 - Top of Page 9652

REPORTS OF CHIEF CLERK

 

      S. F. No. 2629 and H. F. No. 2937, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Neu moved that S. F. No. 2629 be substituted for H. F. No. 2937 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 3525 and H. F. No. 3395, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      O'Driscoll moved that S. F. No. 3525 be substituted for H. F. No. 3395 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 25, 2018

 

The Honorable Kurt Daudt

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Daudt:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:

 

      H. F. No. 2764, relating to business organizations; regulating business corporations, nonprofit corporations, limited partnerships, and limited liability companies; providing for conversions and domestications.

 

      H. F. No. 3158, relating to commerce; modifying licensing requirements for mortgage loan originators.

 

      H. F. No. 2636, relating to local government; authorizing towns to appropriate funds to community food shelves.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Dayton

                                                                                                                                Governor


Journal of the House - 88th Day - Monday, April 30, 2018 - Top of Page 9653

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Michelle L. Fischbach

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2018 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2018

 

Date Filed

2018

 

                                2764                     103                                     11:35 a.m.  April 25                               April 25

                                3158                     104                                     11:37 a.m.  April 25                               April 25

                                2636                     105                                     11:38 a.m.  April 25                               April 25

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Johnson, B., from the Committee on Public Safety and Security Policy and Finance to which was referred:

 

H. F. No. 3296, A bill for an act relating to public safety; establishing a working group to examine crimes against vulnerable adults; requiring a report; appropriating money.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 144.651, subdivision 14, is amended to read:

 

Subd. 14.  Freedom from maltreatment.  (a) Patients and residents shall be free from maltreatment as defined in the Vulnerable Adults Protection Act.  "Maltreatment" means conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress.  Patients and residents shall receive notification from the lead investigative agency regarding a report of alleged maltreatment, disposition of a report, and appeal rights, as provided under section 626.557, subdivision 9c.


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(b) Every patient and resident shall also be free from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by a patient's or resident's physician for a specified and limited period of time, and only when necessary to protect the resident from self-injury or injury to others.

 

Sec. 2.  Minnesota Statutes 2016, section 144A.53, subdivision 4, is amended to read:

 

Subd. 4.  Referral of complaints.  (a) If a complaint received by the director relates to a matter more properly within the jurisdiction of law enforcement, an occupational licensing board, or other governmental agency, the director shall forward the complaint to that agency appropriately and shall inform the complaining party of the forwarding.  The

 

(b) An agency shall promptly act in respect to the complaint, and shall inform the complaining party and the director of its disposition.  If a governmental agency receives a complaint which is more properly within the jurisdiction of the director, it shall promptly forward the complaint to the director, and shall inform the complaining party of the forwarding.

 

(c) If the director has reason to believe that an official or employee of an administrative agency, a home care provider, residential care home, or health facility, or a client or resident of any of these entities has acted in a manner warranting criminal or disciplinary proceedings, the director shall refer the matter to the state commissioner of health, the commissioner of human services, an appropriate prosecuting authority, or other appropriate agency.

 

Sec. 3.  Minnesota Statutes 2016, section 609.2231, subdivision 8, is amended to read:

 

Subd. 8.  Vulnerable adults.  (a) As used in this subdivision, "vulnerable adult" has the meaning given in section 609.232, subdivision 11.

 

(b) Whoever assaults and inflicts demonstrable bodily harm on a vulnerable adult, knowing or having reason to know that the person is a vulnerable adult, is guilty of a gross misdemeanor.

 

(c) A person who uses restraints on a vulnerable adult does not violate this subdivision if:  (1) the person complies with applicable requirements in state and federal law regarding the use of restraints; and (2) any force applied in imposing restraints is reasonable.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 4.  Minnesota Statutes 2016, section 626.557, subdivision 3, is amended to read:

 

Subd. 3.  Timing of report.  (a) A mandated reporter who has reason to believe that a vulnerable adult is being or has been maltreated, or who has knowledge that a vulnerable adult has sustained a physical injury which is not reasonably explained shall immediately report the information to the common entry point as soon as possible but in no event longer than 24 hours.  If an individual is a vulnerable adult solely because the individual is admitted to a facility, a mandated reporter is not required to report suspected maltreatment of the individual that occurred prior to admission, unless:

 

(1) the individual was admitted to the facility from another facility and the reporter has reason to believe the vulnerable adult was maltreated in the previous facility; or

 

(2) the reporter knows or has reason to believe that the individual is a vulnerable adult as defined in section 626.5572, subdivision 21, paragraph (a), clause (4).


Journal of the House - 88th Day - Monday, April 30, 2018 - Top of Page 9655

(b) A person not required to report under the provisions of this section may voluntarily report as described above.

 

(c) Nothing in this section requires a report of known or suspected maltreatment, if the reporter knows or has reason to know that a report has been made to the common entry point.

 

(d) Nothing in this section shall preclude a reporter from also reporting to a law enforcement agency.

 

(e) A mandated reporter who knows or has reason to believe that an error under section 626.5572, subdivision 17, paragraph (c), clause (5), occurred must make a report under this subdivision.  If the reporter or a facility, at any time believes that an investigation by a lead investigative agency will determine or should determine that the reported error was not neglect according to the criteria under section 626.5572, subdivision 17, paragraph (c), clause (5), the reporter or facility may provide to the common entry point or directly to the lead investigative agency information explaining how the event meets the criteria under section 626.5572, subdivision 17, paragraph (c), clause (5).  The lead investigative agency shall consider this information when making an initial disposition of the report under subdivision 9c.

 

Sec. 5.  Minnesota Statutes 2016, section 626.557, subdivision 4, is amended to read:

 

Subd. 4.  Reporting.  (a) Except as provided in paragraph (b), a mandated reporter shall immediately make an oral report to the common entry point.  The common entry point may accept electronic reports submitted through a Web-based reporting system established by the commissioner.  Use of a telecommunications device for the deaf or other similar device shall be considered an oral report.  The common entry point may not require written reports.  To the extent possible, the report must be of sufficient content to identify the vulnerable adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of previous maltreatment, the name and address of the reporter, the time, date, and location of the incident, and any other information that the reporter believes might be helpful in investigating the suspected maltreatment.  The common entry point must provide a method for the reporter to electronically submit evidence to support the maltreatment report, including but not limited to uploading photographs, videos, or documents.  A mandated reporter may disclose not public data, as defined in section 13.02, and medical records under sections 144.291 to 144.298, to the extent necessary to comply with this subdivision.

 

(b) A boarding care home that is licensed under sections 144.50 to 144.58 and certified under Title 19 of the Social Security Act, a nursing home that is licensed under section 144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a hospital that is licensed under sections 144.50 to 144.58 and has swing beds certified under Code of Federal Regulations, title 42, section 482.66, may submit a report electronically to the common entry point instead of submitting an oral report.  The report may be a duplicate of the initial report the facility submits electronically to the commissioner of health to comply with the reporting requirements under Code of Federal Regulations, title 42, section 483.13.  The commissioner of health may modify these reporting requirements to include items required under paragraph (a) that are not currently included in the electronic reporting form.

 

(c) All reports must be directed to the common entry point, including reports from federally licensed facilities, vulnerable adults, and interested persons.

 

Sec. 6.  Minnesota Statutes 2016, section 626.557, subdivision 9, is amended to read:

 

Subd. 9.  Common entry point designation.  (a) Each county board shall designate a common entry point for reports of suspected maltreatment, for use until the commissioner of human services establishes a common entry point.  Two or more county boards may jointly designate a single common entry point.  The commissioner of human services shall establish a common entry point effective July 1, 2015.  The common entry point is the unit responsible for receiving the report of suspected maltreatment under this section.


Journal of the House - 88th Day - Monday, April 30, 2018 - Top of Page 9656

(b) The common entry point must be available 24 hours per day to take calls from reporters of suspected maltreatment.  The common entry point staff must receive training on how to screen and dispatch reports efficiently and in accordance with this section.  The common entry point shall use a standard intake form that includes:

 

(1) the time and date of the report;

 

(2) the name, address, and telephone number of the person reporting;

 

(3) the time, date, and location of the incident;

 

(4) the names of the persons involved, including but not limited to, perpetrators, alleged victims, and witnesses;

 

(5) whether there was a risk of imminent danger to the alleged victim;

 

(6) a description of the suspected maltreatment;

 

(7) the disability, if any, of the alleged victim;

 

(8) the relationship of the alleged perpetrator to the alleged victim;

 

(9) whether a facility was involved and, if so, which agency licenses the facility;

 

(10) any action taken by the common entry point;

 

(11) whether law enforcement has been notified;

 

(12) whether the reporter wishes to receive notification of the initial and final reports; and

 

(13) if the report is from a facility with an internal reporting procedure, the name, mailing address, and telephone number of the person who initiated the report internally.

 

(c) The common entry point is not required to complete each item on the form prior to dispatching the report to the appropriate lead investigative agency.

 

(d) The common entry point shall immediately report to a law enforcement agency any incident in which there is reason to believe a crime has been committed.

 

(e) If a report is initially made to a law enforcement agency or a lead investigative agency, those agencies shall take the report on the appropriate common entry point intake forms and immediately forward a copy to the common entry point.

 

(f) The common entry point staff must receive training on how to screen and dispatch reports efficiently and in accordance with this section. cross-reference multiple complaints to the lead investigative agency concerning:

 

(1) the same alleged perpetrator, facility, or licensee;

 

(2) the same vulnerable adult; or

 

(3) the same incident.


Journal of the House - 88th Day - Monday, April 30, 2018 - Top of Page 9657

(g) The commissioner of human services shall maintain a centralized database for the collection of common entry point data, lead investigative agency data including maltreatment report disposition, and appeals data.  The common entry point shall have access to the centralized database and must log the reports into the database and immediately identify and locate prior reports of abuse, neglect, or exploitation.

 

(h) When appropriate, the common entry point staff must refer calls that do not allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might resolve the reporter's concerns.

 

(i) A common entry point must be operated in a manner that enables the commissioner of human services to:

 

(1) track critical steps in the reporting, evaluation, referral, response, disposition, and investigative process to ensure compliance with all requirements for all reports;

 

(2) maintain data to facilitate the production of aggregate statistical reports for monitoring patterns of abuse, neglect, or exploitation;

 

(3) serve as a resource for the evaluation, management, and planning of preventative and remedial services for vulnerable adults who have been subject to abuse, neglect, or exploitation;

 

(4) set standards, priorities, and policies to maximize the efficiency and effectiveness of the common entry point; and

 

(5) track and manage consumer complaints related to the common entry point., including tracking and cross‑referencing multiple complaints concerning:

 

(i) the same alleged perpetrator, facility, or licensee;

 

(ii) the same vulnerable adult; and

 

(iii) the same incident.

 

(j) The commissioners of human services and health shall collaborate on the creation of a system for referring reports to the lead investigative agencies.  This system shall enable the commissioner of human services to track critical steps in the reporting, evaluation, referral, response, disposition, investigation, notification, determination, and appeal processes.

 

Sec. 7.  Minnesota Statutes 2016, section 626.557, subdivision 9a, is amended to read:

 

Subd. 9a.  Evaluation and referral of reports made to common entry point.  (a) The common entry point must screen the reports of alleged or suspected maltreatment for immediate risk and make all necessary referrals as follows:

 

(1) if the common entry point determines that there is an immediate need for emergency adult protective services, the common entry point agency shall immediately notify the appropriate county agency;

 

(2) if the common entry point determines an immediate need exists for response by law enforcement, including the urgent need to secure a crime scene, interview witnesses, remove the alleged perpetrator, or safeguard the vulnerable adult's property, or if the report contains suspected criminal activity against a vulnerable adult, the common entry point shall immediately notify the appropriate law enforcement agency;

 

(3) the common entry point shall refer all reports of alleged or suspected maltreatment to the appropriate lead investigative agency as soon as possible, but in any event no longer than two working days;


Journal of the House - 88th Day - Monday, April 30, 2018 - Top of Page 9658

(4) if the report contains information about a suspicious death, the common entry point shall immediately notify the appropriate law enforcement agencies, the local medical examiner, and the ombudsman for mental health and developmental disabilities established under section 245.92.  Law enforcement agencies shall coordinate with the local medical examiner and the ombudsman as provided by law; and

 

(5) for reports involving multiple locations or changing circumstances, the common entry point shall determine the county agency responsible for emergency adult protective services and the county responsible as the lead investigative agency, using referral guidelines established by the commissioner.

 

(b) If the lead investigative agency receiving a report believes the report was referred by the common entry point in error, the lead investigative agency shall immediately notify the common entry point of the error, including the basis for the lead investigative agency's belief that the referral was made in error.  The common entry point shall review the information submitted by the lead investigative agency and immediately refer the report to the appropriate lead investigative agency.

 

Sec. 8.  Minnesota Statutes 2016, section 626.557, subdivision 9b, is amended to read:

 

Subd. 9b.  Response to reports.  Law enforcement is the primary agency to conduct investigations of any incident in which there is reason to believe a crime has been committed.  Law enforcement shall initiate a response immediately.  If the common entry point notified a county agency for emergency adult protective services, law enforcement shall cooperate with that county agency when both agencies are involved and shall exchange data to the extent authorized in subdivision 12b, paragraph (g) (k).  County adult protection shall initiate a response immediately.  Each lead investigative agency shall complete the investigative process for reports within its jurisdiction.  A lead investigative agency, county, adult protective agency, licensed facility, or law enforcement agency shall cooperate with other agencies in the provision of protective services, coordinating its investigations, and assisting another agency within the limits of its resources and expertise and shall exchange data to the extent authorized in subdivision 12b, paragraph (g) (k).  The lead investigative agency shall obtain the results of any investigation conducted by law enforcement officials, and law enforcement shall obtain the results of any investigation conducted by the lead investigative agency to determine if criminal action is warranted.  The lead investigative agency has the right to enter facilities and inspect and copy records as part of investigations.  The lead investigative agency has access to not public data, as defined in section 13.02, and medical records under sections 144.291 to 144.298, that are maintained by facilities to the extent necessary to conduct its investigation.  Each lead investigative agency shall develop guidelines for prioritizing reports for investigation.  Nothing in this subdivision alters the duty of the lead investigative agency to serve as the agency responsible for investigating reports made under this section.

 

Sec. 9.  Minnesota Statutes 2016, section 626.557, subdivision 9c, is amended to read:

 

Subd. 9c.  Lead investigative agency; notifications, dispositions, determinations.  (a) Upon request of the reporter, The lead investigative agency shall notify the reporter that it has received the report, and provide information on the initial disposition of the report within five business days of receipt of the report, provided that the notification will not endanger the vulnerable adult or hamper the investigation.

 

(b) The lead investigative agency must provide the following information to the vulnerable adult or the vulnerable adult's guardian or health care agent, if known, within five days of receipt of the report:

 

(1) the nature of the maltreatment allegations, including the report of maltreatment as allowed under law;

 

(2) the name of the facility or other location at which alleged maltreatment occurred;


Journal of the House - 88th Day - Monday, April 30, 2018 - Top of Page 9659

(3) the name of the alleged perpetrator if the lead investigative agency believes disclosure of the name is necessary to protect the vulnerable adult's physical, emotional, or financial interests;

 

(4) protective measures that may be recommended or taken as a result of the maltreatment report;

 

(5) contact information for the investigator or other information as requested and allowed under law; and

 

(6) confirmation of whether the lead investigative agency is investigating the matter and, if so:

 

(i) an explanation of the process and estimated timeline for the investigation; and

 

(ii) a statement that the lead investigative agency will provide an update on the investigation approximately every three weeks upon request by the vulnerable adult or the vulnerable adult's guardian or health care agent and a report when the investigation is concluded.

 

(c) The lead investigative agency may assign multiple reports of maltreatment for the same or separate incidences related to the same vulnerable adult to the same investigator, as deemed appropriate.  Reports related to the same vulnerable adult must, at a minimum, be cross-referenced.

 

(b) (d) Upon conclusion of every investigation it conducts, the lead investigative agency shall make a final disposition as defined in section 626.5572, subdivision 8.

 

(c) (e) When determining whether the facility or individual is the responsible party for substantiated maltreatment or whether both the facility and the individual are responsible for substantiated maltreatment, the lead investigative agency shall consider at least the following mitigating factors:

 

(1) whether the actions of the facility or the individual caregivers were in accordance with, and followed the terms of, an erroneous physician order, prescription, resident care plan, or directive.  This is not a mitigating factor when the facility or caregiver is responsible for the issuance of the erroneous order, prescription, plan, or directive or knows or should have known of the errors and took no reasonable measures to correct the defect before administering care;

 

(2) the comparative responsibility between the facility, other caregivers, and requirements placed upon the employee, including but not limited to, the facility's compliance with related regulatory standards and factors such as the adequacy of facility policies and procedures, the adequacy of facility training, the adequacy of an individual's participation in the training, the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a consideration of the scope of the individual employee's authority; and

 

(3) whether the facility or individual followed professional standards in exercising professional judgment.

 

(d) (f) When substantiated maltreatment is determined to have been committed by an individual who is also the facility license holder, both the individual and the facility must be determined responsible for the maltreatment, and both the background study disqualification standards under section 245C.15, subdivision 4, and the licensing actions under section 245A.06 or 245A.07 apply.

 

(e) (g) The lead investigative agency shall complete its final disposition within 60 calendar days.  If the lead investigative agency is unable to complete its final disposition within 60 calendar days, the lead investigative agency shall notify the following persons provided that the notification will not endanger the vulnerable adult or hamper the investigation:  (1) the vulnerable adult or the vulnerable adult's guardian or health care agent, when known, if the lead investigative agency knows them to be aware of the investigation; and (2) the facility, where applicable.  The notice shall contain the reason for the delay and the projected completion date.  If the lead investigative agency is


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unable to complete its final disposition by a subsequent projected completion date, the lead investigative agency shall again notify the vulnerable adult or the vulnerable adult's guardian or health care agent, when known if the lead investigative agency knows them to be aware of the investigation, and the facility, where applicable, of the reason for the delay and the revised projected completion date provided that the notification will not endanger the vulnerable adult or hamper the investigation.  The lead investigative agency must notify the health care agent of the vulnerable adult only if the health care agent's authority to make health care decisions for the vulnerable adult is currently effective under section 145C.06 and not suspended under section 524.5-310 and the investigation relates to a duty assigned to the health care agent by the principal.  A lead investigative agency's inability to complete the final disposition within 60 calendar days or by any projected completion date does not invalidate the final disposition.

 

(f) (h) Within ten calendar days of completing the final disposition, the lead investigative agency shall provide a copy of the public investigation memorandum under subdivision 12b, paragraph (b), clause (1) (d), when required to be completed under this section, to the following persons:

 

(1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known, unless the lead investigative agency knows that the notification would endanger the well-being of the vulnerable adult;

 

(2) the reporter, if unless the reporter requested notification otherwise when making the report, provided this notification would not endanger the well-being of the vulnerable adult;

 

(3) the alleged perpetrator, if known;

 

(4) the facility; and

 

(5) the ombudsman for long-term care, or the ombudsman for mental health and developmental disabilities, as appropriate;

 

(6) law enforcement; and

 

(7) the county attorney, as appropriate.

 

(g) (i) If, as a result of a reconsideration, review, or hearing, the lead investigative agency changes the final disposition, or if a final disposition is changed on appeal, the lead investigative agency shall notify the parties specified in paragraph (f) (h).

 

(h) (j) The lead investigative agency shall notify the vulnerable adult who is the subject of the report or the vulnerable adult's guardian or health care agent, if known, and any person or facility determined to have maltreated a vulnerable adult, of their appeal or review rights under this section or section 256.021 256.045.

 

(i) (k) The lead investigative agency shall routinely provide investigation memoranda for substantiated reports to the appropriate licensing boards.  These reports must include the names of substantiated perpetrators.  The lead investigative agency may not provide investigative memoranda for inconclusive or false reports to the appropriate licensing boards unless the lead investigative agency's investigation gives reason to believe that there may have been a violation of the applicable professional practice laws.  If the investigation memorandum is provided to a licensing board, the subject of the investigation memorandum shall be notified and receive a summary of the investigative findings.

 

(j) (l) In order to avoid duplication, licensing boards shall consider the findings of the lead investigative agency in their investigations if they choose to investigate.  This does not preclude licensing boards from considering other information.


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(k) (m) The lead investigative agency must provide to the commissioner of human services its final dispositions, including the names of all substantiated perpetrators.  The commissioner of human services shall establish records to retain the names of substantiated perpetrators."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; modifying statutory provisions governing vulnerable adults and reporting maltreatment; amending Minnesota Statutes 2016, sections 144.651, subdivision 14; 144A.53, subdivision 4; 609.2231, subdivision 8; 626.557, subdivisions 3, 4, 9, 9a, 9b, 9c."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 9, H. F. No. 3296 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 4099, A bill for an act relating to finance; deleting an obsolete transfer; amending Minnesota Statutes 2017 Supplement, section 16A.152, subdivision 2.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

AGRICULTURE APPROPRIATIONS

 

Section 1.  Laws 2017, chapter 88, article 1, section 2, subdivision 1, is amended to read:

 

Subdivision 1.  Total Appropriation

 

$53,096,000

 

$ 53,148,000 53,395,000

 

Appropriations by Fund

 

 

2018

 

2019

General

52,703,000

52,751,000 52,998,000

Remediation

393,000

397,000

 

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

 

Sec. 2.  Laws 2017, chapter 88, article 1, section 2, subdivision 2, is amended to read:

 

Subd. 2.  Protection Services

 

17,821,000

 

17,825,000


Journal of the House - 88th Day - Monday, April 30, 2018 - Top of Page 9662

Appropriations by Fund

 

 

 

2018

2019

 

 

General

17,428,000

17,428,000

 

Remediation

393,000

397,000

 

 

(a) $25,000 the first year and $25,000 the second year are to develop and maintain cottage food license exemption outreach and training materials.

 

(b) $75,000 the first year and $75,000 the second year are to coordinate the correctional facility vocational training program and to assist entities that have explored the feasibility of establishing a USDA-certified or state "equal to" food processing facility within 30 miles of the Northeast Regional Corrections Center.

 

(c) $125,000 the first year and $125,000 the second year are for additional funding for the noxious weed and invasive plant program.  These are onetime appropriations.

 

(d) $250,000 the first year and $250,000 the second year are for transfer to the pollinator habitat and research account in the agricultural fund.  These are onetime transfers.

 

(e) $393,000 the first year and $397,000 the second year are from the remediation fund for administrative funding for the voluntary cleanup program.

 

(f) $200,000 the first year and $200,000 the second year are for the industrial hemp pilot program under Minnesota Statutes, section 18K.09.  These are onetime appropriations.

 

(g) $175,000 the first year and $175,000 the second year are for compensation for destroyed or crippled livestock under Minnesota Statutes, section 3.737.  This appropriation may be spent to compensate for livestock that were destroyed or crippled during fiscal year 2017.  If the amount in the first year is insufficient, the amount in the second year is available in the first year.  The commissioner may use up to $5,000 of this appropriation each year to reimburse expenses incurred by university extension educators to provide fair market values of destroyed or crippled livestock.

 

(h) $155,000 the first year and $155,000 the second year are for compensation for crop damage under Minnesota Statutes, section 3.7371.  If the amount in the first year is insufficient, the amount in the second year is available in the first year.  The commissioner may use up to $30,000 of the appropriation each year to reimburse expenses incurred by the commissioner or the commissioner's approved agent to investigate and resolve claims.


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

 

(i) $250,000 the first year and $250,000 the second year are to expand current capabilities for rapid detection, identification, containment, control, and management of high priority plant pests and pathogens.  These are onetime appropriations.

 

(j) $300,000 the first year and $300,000 the second year are for transfer to the noxious weed and invasive plant species assistance account in the agricultural fund to award grants to local units of government under Minnesota Statutes, section 18.90, with preference given to local units of government responding to Palmer amaranth or other weeds on the eradicate list.  These are onetime transfers.

 

(k) $120,000 the first year and $120,000 the second year are for wolf-livestock conflict prevention grants under article 2, section 89.  The commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over agriculture policy and finance by January 15, 2020, on the outcomes of the wolf-livestock conflict prevention grants and whether livestock compensation claims were reduced in the areas that grants were awarded.  These are onetime appropriations.

 

Sec. 3.  Laws 2017, chapter 88, article 1, section 2, subdivision 4, is amended to read:

 

Subd. 4.  Agriculture, Bioenergy, and Bioproduct Advancement

 

22,581,000

 

 

22,636,000

 

(a) $9,300,000 the first year and $9,300,000 the second year are for transfer to the agriculture research, education, extension, and technology transfer account under Minnesota Statutes, section 41A.14, subdivision 3.  Of these amounts:  at least $600,000 the first year and $600,000 the second year are for the Minnesota Agricultural Experiment Station's agriculture rapid response fund under Minnesota Statutes, section 41A.14, subdivision 1, clause (2); $2,000,000 the first year and $2,000,000 the second year are for grants to the Minnesota Agriculture Education Leadership Council to enhance agricultural education with priority given to Farm Business Management challenge grants; $350,000 the first year and $350,000 the second year are for potato breeding; and $450,000 the first year and $450,000 the second year are for the cultivated wild rice breeding project at the North Central Research and Outreach Center to include a tenure track/research associate plant breeder.  The commissioner shall transfer the remaining funds in this appropriation each year to the Board of Regents of the University of Minnesota for purposes of Minnesota Statutes,


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section 41A.14.  Of the amount transferred to the Board of Regents, up to $1,000,000 each year is for research on avian influenza, including prevention measures that can be taken.

 

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

 

(b) $13,256,000 the first year and $13,311,000 the second year are for the agricultural growth, research, and innovation program in Minnesota Statutes, section 41A.12.  Except as provided below, the commissioner may allocate the appropriation each year among the following areas:  facilitating the start-up, modernization, or expansion of livestock operations including beginning and transitioning livestock operations; developing new markets for Minnesota farmers by providing more fruits, vegetables, meat, grain, and dairy for Minnesota school children; assisting value‑added agricultural businesses to begin or expand, access new markets, or diversify; providing funding not to exceed $250,000 each year for urban youth agricultural education or urban agriculture community development; providing funding not to exceed $250,000 each year for the good food access program under Minnesota Statutes, section 17.1017; facilitating the start-up, modernization, or expansion of other beginning and transitioning farms including by providing loans under Minnesota Statutes, section 41B.056; sustainable agriculture on-farm research and demonstration; development or expansion of food hubs and other alternative community-based food distribution systems; enhancing renewable energy infrastructure and use; crop research; Farm Business Management tuition assistance; good agricultural practices/good handling practices certification assistance; establishing and supporting farmer-led water management councils; and implementing farmer-led water quality improvement practices.  The commissioner may use up to 6.5 percent of this appropriation for costs incurred to administer the program.

 

Of the amount appropriated for the agricultural growth, research, and innovation program in Minnesota Statutes, section 41A.12:

 

(1) $1,000,000 the first year and $1,000,000 the second year are for distribution in equal amounts to each of the state's county fairs to preserve and promote Minnesota agriculture; and

 

(2) $1,500,000 the first year and $1,500,000 the second year are for incentive payments under Minnesota Statutes, sections 41A.16, 41A.17, and 41A.18.  Notwithstanding Minnesota Statutes, section 16A.28, the first year appropriation is available until June 30, 2019, and the second year appropriation is available until June 30, 2020.  If this appropriation exceeds the total amount for which all


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producers are eligible in a fiscal year, the balance of the appropriation is available for the agricultural growth, research, and innovation program.; however, the commissioner must first issue incentive payments under Minnesota Statutes, section 41A.17, to facilities that otherwise satisfy the criteria and requirements in that section but began producing renewable chemical from forestry biomass between January 1, 2013, and January 1, 2015.

 

The commissioner may use funds appropriated under this subdivision to award up to two value-added agriculture grants per year of up to $1,000,000 per grant for new or expanding agricultural production or processing facilities that provide significant economic impact to the region.  The commissioner may use funds appropriated under this subdivision for additional value‑added agriculture grants for awards between $1,000 and $200,000 per grant.

 

Appropriations in clauses (1) and (2) are onetime.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.  Notwithstanding Minnesota Statutes, section 16A.28, appropriations encumbered under contract on or before June 30, 2019, for agricultural growth, research, and innovation grants are available until June 30, 2021 2022.

 

The base budget for the agricultural growth, research, and innovation program is $14,275,000 for fiscal years 2020 and 2021 and includes funding for incentive payments under Minnesota Statutes, sections 41A.16, 41A.17, 41A.18, and 41A.20.

 

The commissioner must develop additional innovative production incentive programs to be funded by the agricultural growth, research, and innovation program.

 

The commissioner must consult with the commissioner of transportation, the commissioner of administration, and local units of government to identify parcels of publicly owned land that are suitable for urban agriculture.

 

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

 

Sec. 4.  Laws 2017, chapter 88, article 1, section 2, subdivision 5, is amended to read:

 

Subd. 5.  Administration and Financial Assistance

 

8,698,000

 

8,691,000 8,938,000

 

(a) $474,000 the first year and $474,000 the second year are for payments to county and district agricultural societies and associations under Minnesota Statutes, section 38.02, subdivision 1. 


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Aid payments to county and district agricultural societies and associations shall be disbursed no later than July 15 of each year.  These payments are the amount of aid from the state for an annual fair held in the previous calendar year.

 

(b) $1,000 the first year and $1,000 the second year are for grants to the Minnesota State Poultry Association.

 

(c) $18,000 the first year and $18,000 the second year are for grants to the Minnesota Livestock Breeders Association.

 

(d) $47,000 the first year and $47,000 the second year are for the Northern Crops Institute.  These appropriations may be spent to purchase equipment.

 

(e) $220,000 the first year and $220,000 $250,000 the second year are for farm advocate services.

 

(f) $17,000 the first year and $17,000 the second year are for grants to the Minnesota Horticultural Society.

 

(g) $108,000 the first year and $108,000 the second year are for annual grants to the Minnesota Turf Seed Council for basic and applied research on:  (1) the improved production of forage and turf seed related to new and improved varieties; and (2) native plants, including plant breeding, nutrient management, pest management, disease management, yield, and viability.  The grant recipient may subcontract with a qualified third party for some or all of the basic or applied research.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.  These are onetime appropriations.

 

(h) $113,000 the first year and $113,000 $330,000 the second year are for transfer to the Board of Trustees of the Minnesota State Colleges and Universities for statewide mental health counseling support to farm families and business operators through the Minnesota State Agricultural Centers of Excellence.  South Central College and Central Lakes College shall serve as the fiscal agent agents.

 

(i) $550,000 the first year and $550,000 the second year are for grants to Second Harvest Heartland on behalf of Minnesota's six Feeding America food banks for the purchase of milk for distribution to Minnesota's food shelves and other charitable organizations that are eligible to receive food from the food banks.  Milk purchased under the grants must be acquired from Minnesota milk processors and based on low-cost bids.  The milk must be allocated to each Feeding America food bank serving Minnesota according to the formula used in the distribution of United States Department of Agriculture commodities under The Emergency Food Assistance Program (TEFAP).  Second Harvest Heartland


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must submit quarterly reports to the commissioner on forms prescribed by the commissioner.  The reports must include, but are not limited to, information on the expenditure of funds, the amount of milk purchased, and the organizations to which the milk was distributed.  Second Harvest Heartland may enter into contracts or agreements with food banks for shared funding or reimbursement of the direct purchase of milk.  Each food bank receiving money from this appropriation may use up to two percent of the grant for administrative expenses.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(j) $1,100,000 the first year and $1,100,000 the second year are for grants to Second Harvest Heartland on behalf of the six Feeding America food banks that serve Minnesota to compensate agricultural producers and processors for costs incurred to harvest and package for transfer surplus fruits, vegetables, and other agricultural commodities that would otherwise go unharvested, be discarded, or sold in a secondary market.  Surplus commodities must be distributed statewide to food shelves and other charitable organizations that are eligible to receive food from the food banks.  Surplus food acquired under this appropriation must be from Minnesota producers and processors.  Second Harvest Heartland must report in the form prescribed by the commissioner.  Second Harvest Heartland may use up to 15 percent of each grant for matching administrative and transportation expenses.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(k) $150,000 the first year and $150,000 the second year are for grants to the Center for Rural Policy and Development.

 

(l) $235,000 the first year and $235,000 the second year are for grants to the Minnesota Agricultural Education and Leadership Council for programs of the council under Minnesota Statutes, chapter 41D.

 

(m) $600,000 the first year and $600,000 the second year are for grants to the Board of Regents of the University of Minnesota to develop, in consultation with the commissioner of agriculture and the Board of Animal Health, a software tool or application through the Veterinary Diagnostic Laboratory that empowers veterinarians and producers to understand the movement of unique pathogen strains in livestock and poultry production systems, monitor antibiotic resistance, and implement effective biosecurity measures that promote animal health and limit production losses.  These are onetime appropriations.

 

(n) $150,000 the first year is for the tractor rollover protection pilot program under Minnesota Statutes, section 17.119.  This is a onetime appropriation and is available until June 30, 2019.


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(o) $400,000 the first year is for a grant to the Board of Trustees of the Minnesota State Colleges and Universities to expand and renovate the GROW-IT Center at Metropolitan State University.  This is a onetime appropriation.

 

By January 15, 2018, the commissioner shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over agricultural policy and finance with a list of inspections the department conducts at more frequent intervals than federal law requires, an explanation of why the additional inspections are necessary, and provide recommendations for eliminating any unnecessary inspections.

 

Sec. 5.  RURAL FINANCE AUTHORITY.

 

Subdivision 1.  Appropriation.  $35,000,000 is appropriated from the bond proceeds fund to the Rural Finance Authority for the purposes set forth in the Minnesota Constitution, article XI, section 5, paragraph (h), to purchase participation interests in or to make direct agricultural loans to farmers under Minnesota Statutes, chapter 41B.  This appropriation is from the bond proceeds account in the rural finance administration fund and is for the beginning farmer program under Minnesota Statutes, section 41B.039; the loan restructuring program under Minnesota Statutes, section 41B.04; the seller-sponsored program under Minnesota Statutes, section 41B.042; the agricultural improvement loan program under Minnesota Statutes, section 41B.043; and the livestock expansion loan program under Minnesota Statutes, section 41B.045.  All debt service on bond proceeds used to finance this appropriation must be repaid by the Rural Finance Authority under Minnesota Statutes, section 16A.643.  Loan participations must be priced to provide full interest and principal coverage and a reserve for potential losses.  Priority for loans must be given first to basic beginning farmer loans, second to seller-sponsored loans, and third to agricultural improvement loans.

 

Subd. 2.  Bond sale expenses.  $35,000 is appropriated from the bond proceeds fund to the commissioner of management and budget for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8.

 

Subd. 3.  Bond sale.  To provide the money appropriated in this section from the bond proceeds fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $35,035,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 2

AGRICULTURE STATUTORY CHANGES

 

Section 1.  Minnesota Statutes 2016, section 18C.425, subdivision 6, is amended to read:

 

Subd. 6.  Payment of inspection fee.  (a) The person who registers and distributes in the state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411 shall pay the inspection fee to the commissioner.

 

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


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(c) The person responsible for payment of the inspection fees for fertilizers, soil amendments, or plant amendments sold and used in this state must pay an inspection fee of 39 cents per ton, and until June 30, 2019 2029, an additional 40 cents per ton, of fertilizer, soil amendment, and plant amendment sold or distributed in this state, with a minimum of $10 on all tonnage reports.  Notwithstanding section 18C.131, the commissioner must deposit all revenue from the additional 40 cents per ton fee in the agricultural fertilizer research and education account in section 18C.80.  Products sold or distributed to manufacturers or exchanged between them are exempt from the inspection fee imposed by this subdivision if the products are used exclusively for manufacturing purposes.

 

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

 

Sec. 2.  Minnesota Statutes 2017 Supplement, section 18C.70, subdivision 5, is amended to read:

 

Subd. 5.  Expiration.  This section expires June 30, 2020 2030.

 

Sec. 3.  Minnesota Statutes 2017 Supplement, section 18C.71, subdivision 4, is amended to read:

 

Subd. 4.  Expiration.  This section expires June 30, 2020 2030.

 

Sec. 4.  Minnesota Statutes 2016, section 18C.80, subdivision 2, is amended to read:

 

Subd. 2.  Expiration.  This section expires June 30, 2020 2030.

 

Sec. 5.  Minnesota Statutes 2016, section 28A.16, is amended to read:

 

28A.16 PERSONS SELLING LIQUOR.

 

(a) The provisions of the Minnesota consolidated food licensing law, sections 28A.01 to 28A.16 and acts amendatory thereto, shall not apply to persons licensed to sell 3.2 percent malt liquor "on-sale" as provided in section 340A.403, or to persons licensed to sell intoxicating liquors "on-sale" or "off-sale" as provided in sections 340A.404 to 340A.407, provided that these persons sell only ice manufactured and packaged by another, or bottled or canned soft drinks and prepacked candy at retail.

 

(b) When an exclusive liquor store is not exempt under paragraph (a), the commissioner must exclude all gross sales of off-sale alcoholic beverages when determining the applicable license fee under section 28A.08, subdivision 3.  For purposes of this paragraph, "exclusive liquor store" and "alcoholic beverage" have the meanings given in section 340A.101.

 

Sec. 6.  Minnesota Statutes 2016, section 41A.15, is amended by adding a subdivision to read:

 

Subd. 2e.  Biomass.  "Biomass" means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood waste and residues, plants including aquatic plants, grasses, residues, fibers, animal waste, and the organic portion of solid wastes.

 

Sec. 7.  Minnesota Statutes 2016, section 41A.15, subdivision 10, is amended to read:

 

Subd. 10.  Renewable chemical.  "Renewable chemical" means a chemical with biobased content., polymer, monomer, plastic, or composite material that is entirely produced from biomass.


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Sec. 8.  Minnesota Statutes 2016, section 41A.16, subdivision 1, is amended to read:

 

Subdivision 1.  Eligibility.  (a) A facility eligible for payment under this section must source from Minnesota at least 80 percent raw materials from Minnesota. of the biomass used to produce an advanced biofuel, except that, if a facility is sited 50 miles or less from the state border, raw materials biomass used to produce an advanced biofuel may be sourced from outside of Minnesota, but only if at least 80 percent of the biomass is sourced from within a 100-mile radius of the facility or from within Minnesota.  Raw materials must be from agricultural or forestry sources or from solid waste.  The facility must be located in Minnesota, must begin production at a specific location by June 30, 2025, and must not begin operating above 23,750 MMbtu of quarterly advanced biofuel production before July 1, 2015.  Eligible facilities include existing companies and facilities that are adding advanced biofuel production capacity, or retrofitting existing capacity, as well as new companies and facilities.  Production of conventional corn ethanol and conventional biodiesel is not eligible.  Eligible advanced biofuel facilities must produce at least 23,750 1,500 MMbtu of advanced biofuel quarterly.

 

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

 

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

 

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

 

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

 

(f) Biobutanol is eligible under this section.

 

Sec. 9.  Minnesota Statutes 2016, section 41A.16, subdivision 2, is amended to read:

 

Subd. 2.  Payment amounts; limits.  (a) The commissioner shall make payments to eligible producers of advanced biofuel.  The amount of the payment for each eligible producer's annual production is $2.1053 per MMbtu for advanced biofuel production from cellulosic biomass, and $1.053 per MMbtu for advanced biofuel production from sugar or, starch, oil, or animal fat at a specific location for ten years after the start of production.

 

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

 

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

 

Sec. 10.  Minnesota Statutes 2016, section 41A.17, subdivision 1, is amended to read:

 

Subdivision 1.  Eligibility.  (a) A facility eligible for payment under this program section must source from Minnesota at least 80 percent biobased content from Minnesota.  of the biomass used to produce a renewable chemical, except that, if a facility is sited 50 miles or less from the state border, biobased content must biomass used to produce a renewable chemical may be sourced from outside of Minnesota, but only if at least 80 percent of the biomass is sourced from within a 100-mile radius of the facility or from within Minnesota.  Biobased content must


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be from agricultural or forestry sources or from solid waste.  The facility must be located in Minnesota, must begin production at a specific location by June 30, 2025, and must not begin production of 750,000 250,000 pounds of chemicals quarterly before January 1, 2015.  Eligible facilities include existing companies and facilities that are adding production capacity, or retrofitting existing capacity, as well as new companies and facilities.  Eligible renewable chemical facilities must produce at least 750,000 250,000 pounds of renewable chemicals quarterly.  Renewable chemicals produced through processes that are fully commercial before January 1, 2000, are not eligible.

 

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

 

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

 

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

 

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

 

Sec. 11.  Minnesota Statutes 2016, section 41A.18, subdivision 1, is amended to read:

 

Subdivision 1.  Eligibility.  (a) A facility eligible for payment under this section must source from Minnesota at least 80 percent raw materials from Minnesota.  of the biomass used for biomass thermal production, except that, if a facility is sited 50 miles or less from the state border, raw materials should biomass used for biomass thermal production may be sourced from outside of Minnesota, but only if at least 80 percent of the biomass is sourced from within a 100-mile radius of the facility, or from within Minnesota.  Raw materials Biomass must be from agricultural or forestry sources.  The facility must be located in Minnesota, must have begun production at a specific location by June 30, 2025, and must not begin before July 1, 2015.  Eligible facilities include existing companies and facilities that are adding production capacity, or retrofitting existing capacity, as well as new companies and facilities.  Eligible biomass thermal production facilities must produce at least 250 MMbtu of biomass thermal quarterly.

 

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

 

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

 

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

 

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

 

Sec. 12.  Minnesota Statutes 2016, section 41B.056, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  (a) The definitions in this subdivision apply to this section.


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

 

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

 

(d) "Eligible livestock" means fish produced in an aquaculture system, beef cattle, dairy cattle, swine, poultry, goats, mules, farmed Cervidae, Ratitae, bison, sheep, horses, and llamas.

 

Sec. 13.  [41B.058] RURAL ENERGY FEASIBILITY PROGRAM.

 

Subdivision 1.  Establishment.  The authority must establish a rural energy feasibility loan program to provide feasibility study loans to farmers, local units of government, municipalities, and nonprofit entities to explore feasibility of renewable energy projects.

 

Subd. 2.  Loan criteria.  (a) The authority may impose a reasonable, nonrefundable application fee for a rural energy feasibility loan.  The authority may review the fee annually and make adjustments as necessary.  The initial application fee is $50.  Application fees received by the authority must be deposited in the Rural Finance Authority administrative account established in section 41B.03.

 

(b) Standards for loan amortization must be set by the authority and must not exceed five years.

 

(c) The borrower must demonstrate ability to repay the loan.

 

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

 

Subd. 3.  Loan participation.  The authority may participate in a rural energy feasibility loan with an eligible lender, as defined in section 41B.02, subdivision 8.  Participation is limited to 90 percent of the principal amount of the loan or $50,000 per project, whichever is less.

 

Sec. 14.  Minnesota Statutes 2016, section 41B.06, is amended to read:

 

41B.06 RURAL FINANCE AUTHORITY REVOLVING LOAN ACCOUNT.

 

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

 

Sec. 15.  Minnesota Statutes 2016, section 103H.275, subdivision 1, is amended to read:

 

Subdivision 1.  Areas where groundwater pollution is detected.  (a) If groundwater pollution is detected, a state agency or political subdivision that regulates an activity causing or potentially causing a contribution to the pollution identified shall promote implementation of best management practices to prevent or minimize the source of pollution to the extent practicable.


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(b) The Pollution Control Agency, or for agricultural chemicals and practices, the commissioner of agriculture may adopt water source protection requirements under subdivision 2 that are consistent with the goal of section 103H.001 and are commensurate with the groundwater pollution if the implementation of best management practices has proven to be ineffective.

 

(c) The water resources protection requirements must be:

 

(1) designed to prevent and minimize the pollution to the extent practicable;

 

(2) designed to prevent the pollution from exceeding the health risk limits; and

 

(3) submitted to the house of representatives and senate committees with jurisdiction over the environment, natural resources, and agriculture.

 

(d) The commissioner of agriculture shall not adopt water resource protection requirements under subdivision 2 for nitrogen fertilizer unless the water resource protection requirements are specifically approved by law.

 

ARTICLE 3

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

 

Section 1.  ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. 

 

(a) The sums shown in the columns marked "Appropriations" are added to the appropriations in Laws 2017, chapter 93, article 1, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.  "The first year" is fiscal year 2018.  "The second year" is fiscal year 2019.  "The biennium" is fiscal years 2018 and 2019.  Appropriations for the fiscal year ending June 30, 2018, are effective the day following final enactment.

 

(b) If an appropriation in this article is enacted more than once in the 2018 legislative session, the appropriation must be given effect only once.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  POLLUTION CONTROL AGENCY

 

$-0-

 

$199,000

 

$199,000 the second year is from the environmental fund for the voluntary certification program for deicer applicators under Minnesota Statutes, section 116.2025.  The base for fiscal year 2020 and later is $184,000.

 

Sec. 3.  NATURAL RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$50,000

 

$2,552,000


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Appropriations by Fund

 

 

 

2018

2019

 

 

General

-0-

750,000

 

Natural Resources

-0-

1,802,000

 

Game and Fish

50,000

-0-

 

 

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

 

Subd. 2.  Land and Mineral Resources Management

 

-0-

 

347,000

 

$319,000 the second year is from the mineral management account in the natural resources fund for environmental research relating to mine permitting, in consultation with the Mineral Coordinating Committee.

 

$28,000 the second year is from the land acquisition account in the natural resources fund to compensate the permanent school fund for a road easement on school trust lands in Sand Dunes State Forest.  This appropriation must be matched with nonstate money by 20 percent of the total cost of the easement.  This is a onetime appropriation.

 

Subd. 3.  Ecological and Water Resources

 

$50,000

 

-0-

 

$50,000 the first year is from the heritage enhancement account in the game and fish fund to prepare a report on the actions necessary to protect, restore, and enhance the naturally occurring wild rice in the public waters of Minnesota as required under this act.  This is a onetime appropriation and is available until June 30, 2019.

 

Subd. 4.  Parks and Trails Management

 

-0-

 

1,415,000

 

(a) $315,000 the second year is from the natural resources fund for a grant to St. Louis County to be used as a match to a state bonding grant for trail and bridge construction and for a maintenance fund for a five-mile segment of the Voyageur Country ATV trail system, including a multiuse bridge over the Vermilion River that would serve ATVs, snowmobiles, off-road vehicles, off-highway motorcycles, and emergency vehicles in St. Louis County.  Of this amount, $285,000 is from the all-terrain vehicle account, $15,000 is from the off-road vehicle account, and $15,000 is from the off‑highway motorcycle account.  This is a onetime appropriation and is available until June 30, 2021.

 

(b) $300,000 the second year is from the natural resources fund for a grant to Lake County to match other funding sources to develop the Prospectors Loop trail system.  Of this amount, $270,000 is from the all-terrain vehicle account, $15,000 is from the


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off‑highway motorcycle account, and $15,000 is from the off‑road vehicle account.  This is a onetime appropriation and is available until June 30, 2021.

 

(c) $100,000 the second year is from the all-terrain vehicle account in the natural resources fund for wetland delineation and work on an environmental assessment worksheet for the Taconite State Trail from Ely to Tower consistent with the 2017 Taconite State Trail Master Plan.  This is a onetime appropriation and is available until June 30, 2021.

 

(d) $100,000 the second year is from the all-terrain vehicle account in the natural resources fund for a grant to the city of Virginia to develop, in cooperation with the Quad Cities ATV Club, an all‑terrain vehicle trail system in the cities of Virginia, Eveleth, Gilbert, and Mountain Iron and surrounding areas.  This is a onetime appropriation and is available until June 30, 2021.

 

(e) $200,000 the second year is from the off-road vehicle account in the natural resources fund for a contract with a project administrator to assist the commissioner in planning, designing, and providing a system of state touring routes for off-road vehicles by identifying sustainable, legal routes suitable for licensed four‑wheel drive vehicles and a system of recreational trails for registered off-road vehicles.  This is a onetime appropriation.

 

(f) $200,000 the second year is appropriated from the off-road vehicle account in the natural resources fund for a contract to prepare a comprehensive, statewide, strategic master plan for trails for off-road vehicles.  This is a onetime appropriation.  At a minimum, the plan must:

 

(1) identify opportunities to develop new, high-quality, comprehensive trails for off-road vehicles in a system that serves regional and tourist destinations;

 

(2) enhance connectivity with trails for off-road vehicles, trails and parks for other off-highway vehicles, and trails and parks for other types of vehicles;

 

(3) provide opportunities for new exposure and economic development in greater Minnesota;

 

(4) help people connect with the outdoors in a safe and environmentally sustainable manner;

 

(5) create new and support existing opportunities for social, economic, and cultural benefits and meaningful and mutually beneficial relationships for users of off-road vehicles and the communities that host trails for off-road vehicles; and


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(6) require the commissioner to cooperate with local governments, organizations, and other interested partners.

 

(g) $200,000 the second year is from the off-road vehicle account in the natural resources fund to reimburse federal, county, and township entities for additional needs on forest roads when the needs are a result of increased use by off-road vehicles and are attributable to a border-to-border touring route established by the commissioner.  This paragraph does apply to roads that are operated by a public road authority as defined in Minnesota Statutes, section 160.02, subdivision 25.  This is a onetime appropriation and is available until June 30, 2023.  To be eligible for reimbursement under this paragraph, the claimant must demonstrate that the needs result from additional traffic generated by the border-to-border touring route.

 

Subd. 5.  Fish and Wildlife Management

 

-0-

 

650,000

 

(a) $650,000 the second year is for wildlife disease surveillance and response.  This is a onetime appropriation.

 

(b) The commissioner may use up to $7,000 of the amount appropriated from the general fund in Laws 2017, chapter 93, article 1, section 3, subdivision 8, to cover the cost of:  (1) the redesign of the printed and digital versions of fishing regulations and hunting and trapping regulations; and (2) the reprogramming of the electronic licensing system, to conform to the requirements of providing voter registration information under Minnesota Statutes, section 97A.409.

 

Subd. 6.  Enforcement

 

-0-

 

140,000

 

(a) $100,000 the second year is for responding to escaped animals from Cervidae farms, including inspection of farmed Cervidae, farmed Cervidae facilities, and farmed Cervidae records when the commissioner has reasonable suspicion that laws protecting native wild animals have been violated.  This is a onetime appropriation.

 

(b) $40,000 the second year is from the all-terrain vehicle account in the natural resources fund to develop a voluntary online youth all-terrain vehicle training program under Minnesota Statutes, section 84.925, subdivision 1.  This is a onetime appropriation.

 

Sec. 4.  NATURAL RESOURCES DAMAGES ACCOUNT TRANSFER

 

 

 

 

By June 30, 2018, any money in the general portion of the remediation fund dedicated for the purposes of the natural resources damages account must be transferred to the natural resources damages account.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 5.  Laws 2010, chapter 361, article 4, section 78, is amended to read:

 

Sec. 78.  APPROPRIATION; MOOSE TRAIL.

 

$100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources from the all-terrain vehicle account in the natural resources fund for a grant to the city of Hoyt Lakes to convert the Moose Trail snowmobile trail to for a dual usage trail, so that it may also be used as an off-highway vehicle trail connecting the city of Biwabik to the Iron Range Off-Highway Vehicle Recreation Area.  This is a onetime appropriation and is available until spent June 30, 2020.

 

Sec. 6.  Laws 2016, chapter 189, article 3, section 3, subdivision 5, is amended to read:

 

Subd. 5.  Parks and Trails Management

 

-0-

 

6,459,000

 

Appropriations by Fund

 

 

2016

2017

 

General

-0-

2,929,000

Natural Resources

-0-

3,530,000

 

$2,800,000 the second year is a onetime appropriation.

 

$2,300,000 the second year is from the state parks account in the natural resources fund.  Of this amount, $1,300,000 is onetime, of which $1,150,000 is for strategic park acquisition.

 

$20,000 the second year is from the natural resources fund to design and erect signs marking the David Dill trail designated in this act.  Of this amount, $10,000 is from the snowmobile trails and enforcement account and $10,000 is from the all-terrain vehicle account.  This is a onetime appropriation.

 

$100,000 the second year is for the improvement of the infrastructure for sanitary sewer service at the Woodenfrog Campground in Kabetogama State Forest.  This is a onetime appropriation.

 

$29,000 the second year is for computer programming related to the transfer-on-death title changes for watercraft.  This is a onetime appropriation.

 

$210,000 the first year is from the water recreation account in the natural resources fund for implementation of Minnesota Statutes, section 86B.532, established in this act.  This is a onetime appropriation.  The commissioner of natural resources shall seek federal and other nonstate funds to reimburse the department for the initial costs of producing and distributing carbon monoxide boat warning labels.  All amounts collected under this paragraph shall be deposited into the water recreation account.


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$1,000,000 the second year is from the natural resources fund for a grant to Lake County for construction, including bridges, of the Prospectors ATV Trail System linking the communities of Ely, Babbitt, Embarrass, and Tower; Bear Head Lake and Lake Vermilion-Soudan Underground Mine State Parks; the Taconite State Trail; and the Lake County Regional ATV Trail System.  Of this amount, $900,000 is from the all-terrain vehicle account, $50,000 is from the off-highway motorcycle account, and $50,000 is from the off-road vehicle account.  This is a onetime appropriation and is available until June 30, 2019.

 

Sec. 7.  Laws 2016, chapter 189, article 3, section 4, is amended to read:

 

Sec. 4.  BOARD OF WATER AND SOIL RESOURCES

$-0-

 

$479,000

 

$479,000 the second year is for the development of a detailed plan to implement a working lands watershed restoration program to incentivize the establishment and maintenance of perennial crops that includes the following:

 

(1) a process for selecting pilot watersheds that are expected to result in the greatest water quality improvements and exhibit readiness to participate in the program;

 

(2) an assessment of the quantity of agricultural land that is expected to be eligible for the program in each watershed;

 

(3) an assessment of landowner interest in participating in the program;

 

(4) an assessment of the contract terms and any recommendations for changes to the terms, including consideration of variable payment rates for lands of different priority or type;

 

(5) an assessment of the opportunity to leverage federal funds through the program and recommendations on how to maximize the use of federal funds for assistance to establish perennial crops;

 

(6) an assessment of how other state programs could complement the program;

 

(7) an estimate of water quality improvements expected to result from implementation in pilot watersheds;

 

(8) an assessment of how to best integrate program implementation with existing conservation requirements and develop recommendations on harvest practices and timing to benefit wildlife production;

 

(9) an assessment of the potential viability and water quality benefit of cover crops used in biomass processing facilities;


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(10) a timeline for implementation, coordinated to the extent possible with proposed biomass processing facilities; and

 

(11) a projection of funding sources needed to complete implementation.;

 

(12) outreach to local governments, interest groups, and individual farmers on the economic and environmental benefits of perennial and cover crops;

 

(13) establishment of detailed criteria to target the location of perennial and cover crops on a watershed basis to maximize the environmental benefit at the lowest cost; and

 

(14) development of model contracts to include payment rates, duration, type of crops, harvest standards, and monitoring procedures for use in future program implementation.

 

This is a onetime appropriation and is available until June 30, 2018 2019.

 

The board shall coordinate development of the working lands watershed restoration plan with stakeholders and the commissioners of natural resources, agriculture, and the Pollution Control Agency.  The board must submit an interim report by October 15, 2017 2018, and the feasibility study and program plan by February 1, 2018 2019, to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over agriculture, natural resources, and environment policy and finance and to the Clean Water Council.

 

Sec. 8.  Laws 2017, chapter 93, article 1, section 3, subdivision 6, is amended to read:

 

Subd. 6.  Fish and Wildlife Management

 

68,207,000

 

67,750,000 69,210,000

 

Appropriations by Fund

 

 

2018

2019

 

Natural Resources

1,912,000

1,912,000

Game and Fish

66,295,000

65,838,000 67,298,000

 

(a) $8,283,000 the first year and $8,386,000 the second year are from the heritage enhancement account in the game and fish fund only for activities specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1).  Notwithstanding Minnesota Statutes, section 297A.94, five percent of this appropriation may be used for expanding hunter and angler recruitment and retention.


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(b) Notwithstanding Minnesota Statutes, section 297A.94, $30,000 the first year is from the heritage enhancement account in the game and fish fund for the commissioner of natural resources to contract with a private entity to search for a site to construct a world-class shooting range and club house for use by the Minnesota State High School League and for other regional, statewide, national, and international shooting events.  The commissioner must provide public notice of the search, including making the public aware of the process through the Department of Natural Resources' media outlets, and solicit input on the location and building options for the facility.  The siting search process must include a public process to determine if any business or individual is interested in donating land for the facility, anticipated to be at least 500 acres.  The site search team must meet with interested third parties affected by or interested in the facility.  The commissioner must submit a report with the results of the site search to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources by March 1, 2018.  This is a onetime appropriation.

 

(c) Notwithstanding Minnesota Statutes, section 297A.94, $30,000 the first year is from the heritage enhancement account in the game and fish fund for a study of lead shot deposition on state lands.  By March 1, 2018, the commissioner shall provide a report of the study to the chairs and ranking minority members of the legislative committees with jurisdiction over natural resources policy and finance.  This is a onetime appropriation.

 

(d) Notwithstanding Minnesota Statutes, section 297A.94, $500,000 the first year is from the heritage enhancement account in the game and fish fund for planning and emergency response to disease outbreaks in wildlife.  This is a onetime appropriation and is available until June 30, 2019.

 

(e) $8,606,000 the second year is from the deer management account in the game and fish fund for the purposes specified under Minnesota Statutes, section 97A.075, subdivision 1, paragraph (b).

 

Sec. 9.  Laws 2017, chapter 93, article 1, section 4, is amended to read:

 

Sec. 4.  BOARD OF WATER AND SOIL RESOURCES

$14,311,000

 

$14,164,000

 

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


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(b) $3,116,000 the first year and $3,116,000 the second year are for grants to soil and water conservation districts for the purposes of Minnesota Statutes, sections 103C.321 and 103C.331, and for general purposes, nonpoint engineering, and implementation and stewardship of the reinvest in Minnesota reserve program.  Expenditures may be made from these appropriations for supplies and services benefiting soil and water conservation districts.  Any district receiving a payment under this paragraph shall maintain a Web page that publishes, at a minimum, its annual report, annual audit, annual budget, and meeting notices.

 

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

 

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

 

(e) $100,000 the first year and $100,000 the second year are for county cooperative weed management cost-share programs and to restore native plants in selected invasive species management sites.

 

(f) $761,000 the first year and $761,000 the second year are for implementation, enforcement, and oversight of the Wetland Conservation Act, including administration of the wetland banking program and in-lieu fee mechanism.

 

(g) $300,000 the first year is for improving the efficiency and effectiveness of Minnesota's wetland regulatory programs through continued examination of United States Clean Water Act section 404 assumption including negotiation of draft agreements with the United States Environmental Protection Agency and the United States Army Corps of Engineers, planning for an online permitting system, upgrading the existing wetland banking database, and developing an in-lieu fee wetland banking program as authorized by statute.  This is a onetime appropriation and is available until June 30, 2019.

 

(h) $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 of Water and Soil Resources must coordinate the stakeholder drainage work group in accordance with Minnesota Statutes, section 103B.101, subdivision 13, to evaluate and make recommendations to accelerate drainage system acquisition and establishment of ditch buffer strips under Minnesota Statutes, chapter 103E, or compatible alternative practices required by


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Minnesota Statutes, section 103F.48.  The evaluation and recommendations must be submitted in a report to the senate and house of representatives committees with jurisdiction over agriculture and environment policy by February 1, 2018.

 

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

 

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

 

(k) $125,000 the first year and $125,000 the second year are for conservation easement stewardship.

 

(l) $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.

 

(m) $4,380,000 the first year and $4,533,000 the second year are for Board of Water and Soil Resources agency administration and operations.

 

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

 

(o) The appropriations for grants in this section are available until June 30, 2021, except returned grants are available for two years after they are returned.  If an appropriation for grants in either year is insufficient, the appropriation in the other year is available for it.

 

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


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ARTICLE 4

ENVIRONMENT AND NATURAL RESOURCES POLICY

 

Section 1.  Minnesota Statutes 2017 Supplement, section 84.01, subdivision 6, is amended to read:

 

Subd. 6.  Legal counsel.  The commissioner of natural resources may appoint attorneys or outside counsel to render title opinions, represent the department in severed mineral interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute to the contrary, represent the state in quiet title or title registration actions affecting land or interests in land administered by the commissioner and in all proceedings relating to road vacations.

 

Sec. 2.  Minnesota Statutes 2016, section 84.0895, subdivision 2, is amended to read:

 

Subd. 2.  Application.  (a) Subdivision 1 does not apply to:

 

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

 

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

 

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

 

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

 

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

 

Sec. 3.  Minnesota Statutes 2016, section 84.775, subdivision 1, is amended to read:

 

Subdivision 1.  Civil citation; authority to issue.  (a) A conservation officer or other licensed peace officer may issue a civil citation to a person who operates:

 

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

 

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

 

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


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

 

(1) $100 for the first offense;

 

(2) $200 for the second offense; and

 

(3) $500 for third and subsequent offenses.

 

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

 

(1) $100 for the first offense;

 

(2) $500 for the second offense; and

 

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

 

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

 

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

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 4.  Minnesota Statutes 2016, section 84.83, subdivision 3, is amended to read:

 

Subd. 3.  Purposes for the account; allocation.  (a) The money deposited in the account and interest earned on that money may be expended only as appropriated by law for the following purposes:

 

(1) for a grant-in-aid program to counties and municipalities for construction and maintenance of snowmobile trails, including maintenance of trails on lands and waters of Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in St. Louis County:  Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion; and on the following lakes in Cook County:  Devil Track and Hungry Jack;

 

(2) for acquisition, development, and maintenance of state recreational snowmobile trails;

 

(3) for snowmobile safety programs; and

 

(4) for the administration and enforcement of sections 84.81 to 84.91 and appropriated grants to local law enforcement agencies.

 

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

 

EFFECTIVE DATE.  This section is effective July 1, 2018.


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Sec. 5.  Minnesota Statutes 2016, section 84.86, subdivision 1, is amended to read:

 

Subdivision 1.  Required rules.  With a view of achieving maximum use of snowmobiles consistent with protection of the environment the commissioner of natural resources shall adopt rules in the manner provided by chapter 14, for the following purposes:

 

(1) Registration of snowmobiles and display of registration numbers.

 

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

 

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

 

(4) Uniform signs to be used by the state, counties, and cities, which are necessary or desirable to control, direct, or regulate the operation and use of snowmobiles.

 

(5) Specifications relating to snowmobile mufflers.

 

(6) A comprehensive snowmobile information and safety education and training program, including but not limited to the preparation and dissemination of snowmobile information and safety advice to the public, the training of snowmobile operators, and the issuance of snowmobile safety certificates to snowmobile operators who successfully complete the snowmobile safety education and training course.  For the purpose of administering such program and to defray expenses of training and certifying snowmobile operators, the commissioner shall collect a fee from each person who receives the youth or adult training.  The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing a duplicate snowmobile safety certificate.  The commissioner shall establish both fees in a manner that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the services.  The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.  The fees may be established by the commissioner notwithstanding section 16A.1283.  The fees, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the snowmobile trails and enforcement account in the natural resources fund and the amount thereof, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated annually to the Enforcement Division of the Department of Natural Resources for the administration of such programs.  In addition to the fee established by the commissioner, instructors may charge each person 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 this clause.  School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training.  The commissioner shall consult with the commissioner of public safety in regard to training program subject matter and performance testing that leads to the certification of snowmobile operators.

 

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

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 84.91, subdivision 1, is amended to read:

 

Subdivision 1.  Acts prohibited.  (a) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person knows or has reason to believe is under the influence of alcohol or a controlled substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state.


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(b) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall knowingly authorize or permit any person, who by reason of any physical or mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state.

 

(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state is subject to chapter 169A.  In addition to the applicable sanctions under chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance in conformity with it while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a lawful request to submit to testing under sections 169A.50 to 169A.53 or 171.177, or an ordinance in conformity with it, shall be prohibited from operating a snowmobile or all-terrain vehicle for a period of one year.  The commissioner shall notify the person of the time period during which the person is prohibited from operating a snowmobile or all-terrain vehicle.

 

(d) Administrative and judicial review of the operating privileges prohibition is governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving conviction or prior license revocation, as defined in section 169A.03.  Otherwise, administrative and judicial review of the prohibition is governed by section 169A.53 or 171.177.

 

(e) The court shall promptly forward to the commissioner and the Department of Public Safety copies of all convictions and criminal and civil sanctions imposed under:

 

(1) this section and chapters;

 

(2) chapter 169 and relating to snowmobiles and all-terrain vehicles;

 

(3) chapter 169A relating to snowmobiles and all-terrain vehicles.; and

 

(4) section 171.177.

 

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either of them, is guilty of a misdemeanor.  A person who operates a snowmobile or all-terrain vehicle during the time period the person is prohibited from operating a vehicle under paragraph (c) is guilty of a misdemeanor.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to violations committed on or after that date.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 84.925, subdivision 1, is amended to read:

 

Subdivision 1.  Program Training and certification programs established.  (a) The commissioner shall establish:

 

(1) a comprehensive all-terrain vehicle environmental and safety education and training certification program, including the preparation and dissemination of vehicle information and safety advice to the public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who successfully complete the all-terrain vehicle environmental and safety education and training course.; and

 

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


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(b) A parent or guardian must be present at the hands-on a training portion of the program for when the youth who are six through ten is under ten years of age.

 

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

 

(c) (d) The commissioner shall cooperate with private organizations and associations, private and public corporations, and local governmental units in furtherance of the program programs established under this section.  School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training.  The commissioner shall consult with the commissioner of public safety in regard to training program the subject matter of the training programs and performance testing that leads to the certification of vehicle operators.  The commissioner shall incorporate a riding component in the safety education and training program programs established under this section.

 

Sec. 8.  Minnesota Statutes 2017 Supplement, section 84.9256, subdivision 1, is amended to read:

 

Subdivision 1.  Prohibitions on youthful operators.  (a) Except for operation on public road rights-of-way that is permitted under section 84.928 and as provided under paragraph (j), a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 9.  [84.9258] ALL-TERRAIN VEHICLE PILOT PROJECT; HAYES LAKE STATE PARK.

 

(a) A person may operate an all-terrain vehicle in campground areas at Hayes Lake State Park designated by the commissioner of natural resources under this section.  The all-terrain vehicle must have a valid state park permit.  The commissioner must issue an annual permit for an all-terrain vehicle at the same fee and in the same manner as an annual motorcycle state park permit, unless the all-terrain vehicle is being permitted annually as a second or subsequent vehicle.  The person operating the all-terrain vehicle must display the state park permit on the all-terrain vehicle or carry the state park permit while operating the vehicle.

 

(b) By August 1, 2018, the commissioner of natural resources, in cooperation with Roseau County and the Friends of Hayes Lake State Park, must designate campground areas at Hayes Lake State Park and access routes to those campgrounds from nearby all-terrain vehicle trails as accessible to all-terrain vehicles.  The campground areas and access routes designated must have been previously open to motorized vehicle use.


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(c) Designations made under this section are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.

 

(d) This section expires January 1, 2021.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 10.  Minnesota Statutes 2016, section 84.928, subdivision 2, is amended to read:

 

Subd. 2.  Operation generally.  A person may not drive or operate an all-terrain vehicle:

 

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

 

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

 

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

 

(4) without a functioning stoplight if so equipped;

 

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

 

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

 

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

 

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

 

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

 

(10) (9) in a manner that violates operation rules adopted by the commissioner.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 11.  Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 3, is amended to read:

 

Subd. 3.  Bait harvest from infested waters.  (a) Taking wild animals from infested waters for bait or aquatic farm purposes is prohibited except as provided in paragraph (b), (c), or (d) and section 97C.341.

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

This paragraph expires December 1, 2017.

 

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

 

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

 

EFFECTIVE DATE.  This section is effective retroactively from December 1, 2017.


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Sec. 12.  Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 4, is amended to read:

 

Subd. 4.  Restrictions in infested and noninfested waters; commercial fishing and turtle, frog, and crayfish harvesting.  (a) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is listed because it contains invasive fish, invertebrates, aquatic plants or aquatic macrophytes other than Eurasian watermilfoil, or certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by the commissioner, as specified in the commercial licensee's license or permit.  Tagged gear must not be used in water bodies other than those specified in the license or permit.  The license or permit may authorize department staff to remove tags after the from gear is that has been decontaminated according to a protocol specified by the commissioner if use of the decontaminated gear in other water bodies would not pose an unreasonable risk of harm to natural resources or the use of natural resources in the state.  This tagging requirement does not apply to commercial fishing equipment used in Lake Superior.

 

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

 

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

 

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

 

Sec. 13.  Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2b, is amended to read:

 

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

 

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

 

(c) This subdivision expires December 1, 2019.

 

Sec. 14.  Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2c, is amended to read:

 

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


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

 

(c) This subdivision expires December 1, 2019.

 

Sec. 15.  Minnesota Statutes 2017 Supplement, section 85.0146, subdivision 1, is amended to read:

 

Subdivision 1.  Advisory council created.  The Cuyuna Country State Recreation Area Citizens Advisory Council is established.  Membership on the advisory council shall include:

 

(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers Board Cuyuna Range Economic Development Inc.;

 

(2) a representative of for the Croft Mine Historical Park Joint Powers Board;

 

(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has worked as a miner in the local area member at large appointed by the members of the council;

 

(4) a representative of the Crow Wing County Board;

 

(5) an elected state official the state senator representing the state recreation area;

 

(6) the member from the state house of representatives representing the state recreation area;

 

(7) a representative of the Grand Rapids regional office of the Department of Natural Resources;

 

(7) (8) a designee of the commissioner of Iron Range resources and rehabilitation;

 

(8) (9) a designee of the local business community selected by the area chambers of commerce;

 

(9) (10) a designee of the local environmental community selected by the Crow Wing County District 5 commissioner;

 

(10) (11) a designee of a local education organization selected by the Crosby-Ironton School Board;

 

(11) (12) a designee of one of the recreation area user groups selected by the Cuyuna Range Chamber of Commerce; and

 

(12) (13) a member of the Cuyuna Country Heritage Preservation Society.

 

Sec. 16.  Minnesota Statutes 2016, section 86B.005, subdivision 8a, is amended to read:

 

Subd. 8a.  Marine carbon monoxide detection system.  "Marine carbon monoxide detection system" means a device or system that meets the requirements of the American Boat and Yacht Council Standard A-24, July, 2015, for carbon monoxide detection systems. for detecting carbon monoxide that is certified by a nationally recognized testing laboratory to conform to current UL Standards for use on recreational boats.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 17.  Minnesota Statutes 2016, section 86B.532, subdivision 1, is amended to read:

 

Subdivision 1.  Requirements; installation.  (a) No motorboat that has an enclosed accommodation compartment may be operated on any waters of the state unless the motorboat is equipped with a functioning marine carbon monoxide detection system installed according to the manufacturer's instructions and this subdivision.

 

(b) After May 1, 2017, No new motorboat that has an enclosed accommodation compartment may be sold or offered for sale in Minnesota unless the motorboat is equipped with a new functioning marine carbon monoxide detection system installed according to the manufacturer's instructions and this subdivision.

 

(c) A marine carbon monoxide detection system must be located:

 

(1) to monitor the atmosphere of the enclosed accommodation compartment; and

 

(2) within ten feet or 3.048 meters of any designated sleeping accommodations.

 

(d) A marine carbon monoxide detection system, including a sensor, must not be located within five feet or 1.52 meters of any cooking appliance.

 

EFFECTIVE DATE.  This section is effective May 1, 2018.

 

Sec. 18.  Minnesota Statutes 2016, section 88.10, is amended by adding a subdivision to read:

 

Subd. 3.  Wildland firefighters; training and licensing.  Forest officers and all individuals employed as wildland firefighters under this chapter are not subject to the requirements of chapter 299N.

 

Sec. 19.  Minnesota Statutes 2016, section 88.75, subdivision 1, is amended to read:

 

Subdivision 1.  Misdemeanor offenses; damages; injunctive relief.  (a) Any person who violates any of the provisions of sections 88.03 to 88.22 for which no specific penalty is therein prescribed shall be guilty of a misdemeanor and be punished accordingly.

 

(b) Failure by any person to comply with any provision or requirement of sections 88.03 to 88.22 to which such person is subject shall be deemed a violation thereof.

 

(c) Any person who violates any provisions of sections 88.03 to 88.22, in addition to any penalties therein prescribed, or hereinbefore in this section prescribed, for such violation, shall also be liable in full damages to any and every person suffering loss or injury by reason of such violation, including liability to the state, and any of its political subdivisions, for all expenses incurred in fighting or preventing the spread of, or extinguishing, any fire caused by, or resulting from, any violation of these sections.  Notwithstanding any statute to the contrary, an attorney who is licensed to practice law in Minnesota and is an employee of the Department of Natural Resources may represent the commissioner in proceedings under this subdivision that are removed to district court from conciliation court.  All expenses so collected by the state shall be deposited in the general fund.  When a fire set by any person spreads to and damages or destroys property belonging to another, the setting of the fire shall be prima facie evidence of negligence in setting and allowing the same to spread.

 

(d) At any time the state, or any political subdivision thereof, either of its own motion, or at the suggestion or request of the director, may bring an action in any court of competent jurisdiction to restrain, enjoin, or otherwise prohibit any violation of sections 88.03 to 88.22, whether therein described as a crime or not, and likewise to restrain, enjoin, or prohibit any person from proceeding further in, with, or at any timber cutting or other operations without complying with the provisions of those sections, or the requirements of the director pursuant thereto; and the court may grant such relief, or any other appropriate relief, whenever it shall appear that the same may prevent loss of life or property by fire, or may otherwise aid in accomplishing the purposes of sections 88.03 to 88.22.


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Sec. 20.  Minnesota Statutes 2016, section 89.551, is amended to read:

 

89.551 APPROVED FIREWOOD REQUIRED.

 

(a) After the commissioner issues an order under paragraph (b), a person may not possess firewood on land administered by the commissioner of natural resources unless the firewood:

 

(1) was obtained from a firewood distribution facility located on land administered by the commissioner;

 

(2) was obtained from a firewood dealer who is selling firewood that is approved by the commissioner under paragraph (b); or

 

(3) has been approved by the commissioner of natural resources under paragraph (b).

 

(b) The commissioner of natural resources shall, by written order published in the State Register, approve firewood for possession on lands administered by the commissioner.  The order is not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.

 

(c) A violation under this section is subject to confiscation of firewood and after May 1, 2008, confiscation and a $100 penalty.  A firewood dealer shall be subject to confiscation and assessed a $100 penalty for each sale of firewood not approved under the provisions of this section and sold for use on land administered by the commissioner.

 

(d) For the purposes of this section, "firewood" means any wood that is intended for use in a campfire, as defined in section 88.01, subdivision 25.

 

Sec. 21.  Minnesota Statutes 2016, section 97A.051, subdivision 2, is amended to read:

 

Subd. 2.  Summary of fish and game laws.  (a) The commissioner shall prepare a summary of the hunting and fishing laws and rules and deliver a sufficient supply to license vendors to furnish one copy to each person obtaining a hunting, fishing, or trapping license.

 

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

 

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

 

Sec. 22.  Minnesota Statutes 2017 Supplement, section 97A.075, subdivision 1, is amended to read:

 

Subdivision 1.  Deer, bear, and lifetime licenses.  (a) For purposes of this subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), (6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and 8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.

 

(b) $16 from each annual deer license issued under section 97A.475, subdivisions 2, clauses (5), (6), and (7); 3, paragraph (a), clauses (2), (3), and (4); and 8, paragraph (b); $2 from each annual deer license and $2 issued under sections 97A.475, subdivisions 2, clauses (13), (14), and (15); and 3, paragraph (a), clauses (10), (11), and (12); and 97B.301, subdivision 4; $16 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued to a person 18 years of age or older under section 97A.473, subdivision 4,; and $2 annually


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from the lifetime fish and wildlife trust fund for each license issued to a person under 18 years of age under section 97A.473, subdivision 4, shall be credited to the deer management account and is appropriated to the commissioner for deer habitat improvement or deer management programs.  The deer management account is established as an account in the game and fish fund and may be used only for deer habitat improvement or deer management programs.

 

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

 

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

 

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

 

Sec. 23.  [97A.409] VOTER REGISTRATION INFORMATION.

 

(a) On the Department of Natural Resources online license sales Web site for purchasing a resident license to hunt or fish that is required under the game and fish laws, the commissioner must include the voter registration eligibility requirements and a description of how to register to vote before or on election day.  On the Web page where an individual has the option to print a license to hunt or fish, the commissioner must include a direct link to the secretary of state's online voter registration Web page.

 

(b) In the printed and digital versions of fishing regulations and hunting and trapping regulations, the commissioner must include the voter registration eligibility requirements, a description of how to register to vote before or on election day, and a link to the secretary of state's online voter registration Web page.  In addition, the commissioner must include a voter registration application in the printed and digital versions of fishing regulations and hunting and trapping regulations.

 

(c) The secretary of state must provide the required voter registration information to the commissioner.  The secretary of state must prepare and approve an alternate form of the voter registration application to be used in the regulations.

 

EFFECTIVE DATE.  Paragraph (a) is effective August 1, 2018, and applies to licenses issued on or after March 1, 2019.  Paragraph (b) is effective August 1, 2018, and applies to printed and digital versions of regulations updated on or after that date.

 

Sec. 24.  Minnesota Statutes 2016, section 97A.433, subdivision 4, is amended to read:

 

Subd. 4.  Discretionary separate selection; eligibility.  (a) The commissioner may conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area.  Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in the area, and their family members, are eligible for the separate selection.  Persons that are unsuccessful in a separate selection must be included in the selection for the remaining licenses.  Persons who obtain an elk license in a separate selection must allow public elk hunting on their land during the elk season for which the license is valid may sell the license to any Minnesota resident eligible to hunt big game for no more than the original cost of the license.

 

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


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Sec. 25.  Minnesota Statutes 2016, section 97A.433, subdivision 5, is amended to read:

 

Subd. 5.  Mandatory separate selection.  The commissioner must conduct a separate selection for 20 percent of the elk licenses to be issued each year.  Only individuals who have applied at least ten times for an elk license and who have never received a license are eligible for this separate selection.  A person who is unsuccessful in a separate selection under this subdivision must be included in the selection for the remaining licenses.

 

Sec. 26.  Minnesota Statutes 2016, section 97A.56, subdivision 2, is amended to read:

 

Subd. 2.  Prohibited actions; penalty.  (a) A person may not possess or release feral swine or swine that were feral during any part of the swine's lifetime or allow feral swine to run at large.  Except as provided under paragraph (b), a person may not possess feral swine or swine that were feral during any part of the swine's lifetime.

 

(b) A person may not hunt or trap feral swine, except as authorized by the commissioner for feral swine control or eradication.  It is not a violation of this section if a person shoots a feral swine and reports the taking to the commissioner within 24 hours.  All swine taken in this manner must be surrendered to the commissioner unless the commissioner authorizes the person to keep the swine.

 

(c) A person who violates this subdivision is guilty of a misdemeanor.

 

Sec. 27.  Minnesota Statutes 2016, section 97B.015, subdivision 6, is amended to read:

 

Subd. 6.  Provisional certificate for persons with permanent physical or developmental disability.  Upon the recommendation of a course instructor, the commissioner may issue a provisional firearms safety certificate to a person who satisfactorily completes the classroom portion of the firearms safety course but is unable to pass the written or an alternate format exam portion of the course because of a permanent physical disability or developmental disability as defined in section 97B.1055, subdivision 1.  The certificate is valid only when used according to section 97B.1055.

 

Sec. 28.  Minnesota Statutes 2016, section 97B.081, subdivision 3, is amended to read:

 

Subd. 3.  Exceptions.  (a) It is not a violation of this section for a person to:

 

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

 

(2) hunt fox or coyote from January 1 to March 15 while using a handheld an artificial light, provided that the person is:

 

(i) on foot;

 

(ii) using a shotgun;

 

(iii) not within a public road right-of-way;

 

(iv) using a handheld or electronic calling device; and

 

(v) not within 200 feet of a motor vehicle; or

 

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game animals, provided that the person is:


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(i) on foot; and

 

(ii) not in possession of a firearm or bow.

 

(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, headlight, or other artificial light to:

 

(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or occupation-related activities that do not involve taking wild animals; or

 

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to spotting, locating, or taking a wild animal.

 

(c) Except as otherwise provided by the game and fish laws, it is not a violation of this section for a person to use an electronic range finder device from one-half hour before sunrise until one-half hour after sunset while lawfully hunting wild animals.

 

(d) It is not a violation of this section for a licensed bear hunter to cast the rays of a handheld artificial light to track or retrieve a wounded or dead bear while possessing a firearm, provided that the person:

 

(1) has the person's valid bear-hunting license in possession;

 

(2) is on foot; and

 

(3) is following the blood trail of a bear that was shot during legal shooting hours.

 

Sec. 29.  Minnesota Statutes 2016, section 97B.1055, is amended to read:

 

97B.1055 HUNTING BY PERSONS WITH A PERMANENT PHYSICAL OR DEVELOPMENTAL DISABILITY.

 

Subdivision 1.  Definitions.  For purposes of this section and section 97B.015, subdivision 6,:

 

(1) "person with developmental disability" means a person who has been diagnosed as having substantial limitations in present functioning, manifested as significantly subaverage intellectual functioning, existing concurrently with demonstrated deficits in adaptive behavior, and who manifests these conditions before the person's 22nd birthday.;

 

A(2) "person with a related condition" means a person who meets the diagnostic definition under section 252.27, subdivision 1a.; and

 

(3) "person with a permanent physical disability" means a person who has a physical disability that prevents them from being able to navigate natural terrain or hold a firearm for the purpose of a required field component for the firearms safety training program under section 97B.020.

 

Subd. 2.  Obtaining a license.  (a) Notwithstanding section 97B.020, a person with a permanent physical disability or developmental disability may obtain a firearms hunting license with a provisional firearms safety certificate issued under section 97B.015, subdivision 6.

 

(b) Any person accompanying or assisting a person with a permanent physical disability or developmental disability under this section must possess a valid firearms safety certificate issued by the commissioner.


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Subd. 3.  Assistance required.  A person who obtains a firearms hunting license under subdivision 2 must be accompanied and assisted by a parent, guardian, or other adult person designated by a parent or guardian when hunting.  A person who is not hunting but is solely accompanying and assisting a person with a permanent physical disability or developmental disability need not obtain a hunting license.

 

Subd. 4.  Prohibited activities.  (a) This section does not entitle a person to possess a firearm if the person is otherwise prohibited from possessing a firearm under state or federal law or a court order.

 

(b) No person shall knowingly authorize or permit a person, who by reason of a permanent physical disability or developmental disability is incapable of safely possessing a firearm, to possess a firearm to hunt in the state or on any boundary water of the state.

 

Sec. 30.  Minnesota Statutes 2016, section 97C.345, subdivision 3a, is amended to read:

 

Subd. 3a.  Cast nets for gizzard shad.  (a) Cast nets may be used only to take gizzard shad for use as bait for angling:

 

(1) from July 1 to November 30; and

 

(2) from the Minnesota River downstream of Granite Falls, Mississippi River downstream of St. Anthony Falls, and the St. Croix River downstream of the dam at Taylors Falls, including portions described as Minnesota‑Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items A and B, that are listed as infested waters as allowed under section 84D.03, subdivision 3.

 

(b) Cast nets used under this subdivision must be monofilament and may not exceed seven five feet in diameter radius, and mesh size must be from three-eighths to five-eighths inch bar measure.  No more than two cast nets may be used at one time.

 

(c) This subdivision expires December 1, 2017.  The commissioner must report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over environment and natural resources by March 1, 2018, on the number of permits issued, conservation impacts from the use of cast nets, and recommendations for any necessary changes in statutes or rules.

 

EFFECTIVE DATE.  This section is effective retroactively from December 1, 2017.

 

Sec. 31.  Minnesota Statutes 2016, section 103B.3369, subdivision 5, is amended to read:

 

Subd. 5.  Financial assistance.  A base grant, contract, or payment may be awarded to a county or other local unit of government that provides a match utilizing a water implementation tax or other local source.  A water implementation tax that a county or other local unit of government intends to use as a match to the base grant must be levied at a rate sufficient to generate a minimum amount determined by the board.  The board may award performance-based or watershed-based grants, contracts, or payments to local units of government that are responsible for implementing elements of applicable portions of watershed management plans, comprehensive plans, local water management plans, or comprehensive watershed management plans, developed or amended, adopted and approved, according to chapter 103B, 103C, or 103D.  Upon request by a local government unit, the board may also award performance-based grants to local units of government to carry out TMDL implementation plans as provided in chapter 114D, if the TMDL implementation plan has been incorporated into the local water management plan according to the procedures for approving comprehensive plans, watershed management plans, local water management plans, or comprehensive watershed management plans under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone a public review process.  Notwithstanding section 16A.41, the board may award performance-based grants, contracts, or payments on an advanced basis.  The fee authorized in


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section 40A.152 may be used as a local match or as a supplement to state funding to accomplish implementation of comprehensive plans, watershed management plans, local water management plans, or comprehensive watershed management plans under this chapter and chapter 103C or 103D.

 

Sec. 32.  Minnesota Statutes 2016, section 103B.3369, subdivision 9, is amended to read:

 

Subd. 9.  Performance-based Criteria.  (a) The board shall must develop and utilize performance-based criteria for local water resources restoration, protection, and management programs and projects.  The criteria may include but are not limited to science-based assessments, organizational capacity, priority resource issues, community outreach and support, partnership potential, potential for multiple benefits, and program and project delivery efficiency and effectiveness.

 

(b) Notwithstanding paragraph (a), the board may develop and utilize eligibility criteria for base amounts of state funding to local governments.

 

Sec. 33.  Minnesota Statutes 2016, section 103B.3369, is amended by adding a subdivision to read:

 

Subd. 10.  Red River Basin Commission.  (a) The board may provide information and technical or financial support to the Red River Basin Commission in furtherance of the watershed management policy under section 103A.212.

 

(b) For the purposes of this subdivision, "Red River Basin Commission" means a Red River of the North transboundary, nonprofit corporation organized under section 501(c)(3) of the Internal Revenue Code and respective bylaws with the purpose of facilitating transboundary and basin-wide dialogue; consulting with citizens, land users, organizations, and governments; and coordinating basin-wide interstate and international efforts on water management including but not limited to flood mitigation, water quality, water supply, drainage, aquatic health, and recreation.

 

Sec. 34.  Minnesota Statutes 2016, section 103B.801, subdivision 2, is amended to read:

 

Subd. 2.  Program purposes.  The purposes of the comprehensive watershed management plan program under section 103B.101, subdivision 14, paragraph (a), are to:

 

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

 

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

 

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

 

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

 

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

 

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


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Sec. 35.  Minnesota Statutes 2016, section 103B.801, subdivision 5, is amended to read:

 

Subd. 5.  Timelines; administration.  (a) The board shall develop and adopt, by June 30, 2016, a transition plan for development, approval, adoption, and coordination of plans consistent with section 103A.212.  The transition plan must include a goal of completing statewide transition to comprehensive watershed management plans by 2025.  The metropolitan area may be considered for inclusion in the transition plan.  The board may amend the transition plan no more often than once every two years.

 

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

 

Sec. 36.  Minnesota Statutes 2016, section 103E.021, subdivision 6, is amended to read:

 

Subd. 6.  Incremental implementation establishment of vegetated ditch buffer strips and side inlet controls.  (a) Notwithstanding other provisions of this chapter requiring appointment of viewers and redetermination of benefits and damages, a drainage authority may implement make findings and order the establishment of permanent buffer strips of perennial vegetation approved by the drainage authority or side inlet controls, or both, adjacent to a public drainage ditch, where necessary to control erosion and sedimentation, improve water quality, or maintain the efficiency of the drainage system.  The drainage authority's finding that the establishment of permanent buffer strips of perennial vegetation or side inlet controls is necessary to control erosion and sedimentation, improve water quality, or maintain the efficiency of the drainage system is sufficient to confer jurisdiction under this subdivision.  Preference should be given to planting native species of a local ecotype.  The approved perennial vegetation shall not impede future maintenance of the ditch.  The permanent strips of perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge of the existing constructed channel.  Drainage system rights-of-way for the acreage and additional property required for the permanent strips must be acquired by the authority having jurisdiction.

 

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

 

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

 

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

 

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


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Sec. 37.  Minnesota Statutes 2016, section 103E.071, is amended to read:

 

103E.071 COUNTY ATTORNEY.

 

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

 

Sec. 38.  Minnesota Statutes 2016, section 103G.2242, subdivision 14, is amended to read:

 

Subd. 14.  Fees established.  (a) Fees must be assessed for managing wetland bank accounts and transactions as follows:

 

(1) account maintenance annual fee:  one percent of the value of credits not to exceed $500;

 

(2) account establishment, deposit, or transfer:  6.5 percent of the value of credits not to exceed $1,000 per establishment, deposit, or transfer; and

 

(3) withdrawal fee:  6.5 percent of the value of credits withdrawn.

 

(b) The board may must establish fees at or based on costs to the agency below the amounts in paragraph (a) for single-user or other dedicated wetland banking accounts.

 

(c) Fees for single-user or other dedicated wetland banking accounts established pursuant to section 103G.005, subdivision 10i, clause (4), are limited to establishment of a wetland banking account and are assessed at the rate of 6.5 percent of the value of the credits not to exceed $1,000.

 

(d) The board may assess a fee to pay the costs associated with establishing conservation easements, or other long-term protection mechanisms prescribed in the rules adopted under subdivision 1, on property used for wetland replacement.

 

Sec. 39.  Minnesota Statutes 2017 Supplement, section 103G.271, subdivision 7, is amended to read:

 

Subd. 7.  Transfer of permit.  A water-use permit may be transferred to a successive owner of real property if the permittee conveys the real property where the source of water is located.  The new owner must notify the commissioner immediately after the conveyance and request transfer of the permit.  The commissioner must not deny the transfer of a permit if the permittee is in compliance with all permit conditions and the permit meets the requirements of sections 103G.255 to 103G.301.  The commissioner may not require additional conditions or require additional testing when transferring a permit.

 

Sec. 40.  [103G.276] IRRIGATION TEST WELLS.

 

If the commissioner requires installation of a test well for a water appropriation permit for irrigation and denies the permit, the commissioner must pay the costs of the well.

 

Sec. 41.  Minnesota Statutes 2016, section 103G.287, is amended by adding a subdivision to read:

 

Subd. 6.  Management plans.  (a) Before the commissioner approves a management plan or modification to a management plan for appropriating groundwater that restricts water usage in the area, the commissioner must demonstrate to affected permit holders that any data used to make the decision to restrict the usage supports or verifies the decision.


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(b) Before the commissioner approves a management plan or modification to a management plan for appropriating groundwater, the commissioner must consider the economic impact of the plan or modification.

 

Sec. 42.  Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision to read:

 

Subd. 3a.  Comprehensive local water management plan.  "Comprehensive local water management plan" has the meaning given under section 103B.3363, subdivision 3.

 

Sec. 43.  Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision to read:

 

Subd. 3b.  Comprehensive watershed management plan.  "Comprehensive watershed management plan" has the meaning given under section 103B.3363, subdivision 3a.

 

Sec. 44.  Minnesota Statutes 2016, section 114D.15, subdivision 7, is amended to read:

 

Subd. 7.  Restoration.  "Restoration" means actions, including effectiveness monitoring, that are taken to pursue, achieve, and maintain water quality standards for impaired waters in accordance with a TMDL that has been approved by the United States Environmental Protection Agency under federal TMDL requirements.

 

Sec. 45.  Minnesota Statutes 2016, section 114D.15, subdivision 11, is amended to read:

 

Subd. 11.  TMDL implementation plan.  "TMDL implementation plan" means:

 

(1) a document detailing restoration activities needed to meet the approved TMDL's pollutant load allocations for point and nonpoint sources.; or

 

(2) one of the following that the commissioner of the Pollution Control Agency determines to be, in whole or part, sufficient to meet applicable water quality standards:

 

(i) a comprehensive watershed management plan;

 

(ii) a comprehensive local water management plan; or

 

(iii) an existing statewide or regional strategy published by the Pollution Control Agency.

 

Sec. 46.  Minnesota Statutes 2016, section 114D.15, subdivision 13, is amended to read:

 

Subd. 13.  Watershed restoration and protection strategy or WRAPS.  "Watershed restoration and protection strategy" or "WRAPS" means a document summarizing scientific studies of a major watershed no larger than at approximately a hydrologic unit code 8 scale including the physical, chemical, and biological assessment of the water quality of the watershed; identification of impairments and water bodies in need of protection; identification of biotic stressors and sources of pollution, both point and nonpoint; TMDL's for the impairments; and an implementation table containing information to support strategies and actions designed to achieve and maintain water quality standards and goals.

 

Sec. 47.  Minnesota Statutes 2016, section 114D.20, subdivision 2, is amended to read:

 

Subd. 2.  Goals for implementation.  The following goals must guide the implementation of this chapter:

 

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


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(2) to submit TMDL's to the United States Environmental Protection Agency for all impaired waters in a timely manner in accordance with federal TMDL requirements;

 

(3) to set a reasonable time inform and support strategies for implementing restoration of each identified impaired water and protection activities in a reasonable time period;

 

(4) to systematically evaluate waters, to provide assistance and incentives to prevent waters from becoming impaired, and to improve the quality of waters that are listed as impaired but do not have an approved TMDL addressing the impairment;

 

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

 

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

 

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

 

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

 

Sec. 48.  Minnesota Statutes 2016, section 114D.20, subdivision 3, is amended to read:

 

Subd. 3.  Implementation policies.  The following policies must guide the implementation of this chapter:

 

(1) develop regional and, multiple pollutant, or watershed TMDL's and TMDL implementation plans, and TMDL's and TMDL implementation plans for multiple pollutants or WRAPSs, where reasonable and feasible;

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

Sec. 49.  Minnesota Statutes 2016, section 114D.20, subdivision 5, is amended to read:

 

Subd. 5.  Priorities for preparing WRAPSs AND TMDL's.  In consultation with the Clean Water Council shall recommend, the commissioner of the Pollution Control Agency must coordinate with the commissioners of natural resources, health, and agriculture, the Board of Water and Soil Resources, and, when applicable, the Minnesota Forest Resources Council to establish priorities for scheduling and preparing WRAPSs and TMDL's and TMDL implementation plans, taking into account, considering the severity and causes of the impairment impairments, the designated uses of those the waters, and other applicable federal TMDL requirements.  In recommending priorities, the council shall also give Consideration to, groundwater and high-quality waters and watersheds watershed protection, waters and watersheds with declining water quality trends, waters used as drinking water sources, and waters and watersheds:

 

(1) with impairments that pose the greatest potential risk to human health;

 

(2) with impairments that pose the greatest potential risk to threatened or endangered species;

 

(3) with impairments that pose the greatest potential risk to aquatic health;

 

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

 

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

 

Sec. 50.  Minnesota Statutes 2016, section 114D.20, subdivision 7, is amended to read:

 

Subd. 7.  Priorities for funding prevention actions.  The Clean Water Council shall apply the priorities applicable under subdivision 6, as far as practicable, when recommending priorities for funding actions to prevent groundwater and surface waters from becoming degraded or impaired and to improve the quality of surface waters that are listed as impaired but do not have an approved TMDL.

 

Sec. 51.  Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision to read:

 

Subd. 8.  Alternatives; TMDL, TMDL implementation plan, or WRAPS.  (a) If the commissioner of the Pollution Control Agency determines that a comprehensive watershed management plan or comprehensive local water management plan contains information that is sufficient and consistent with guidance from the United States Environmental Protection Agency, including the recommended structure for category 4b demonstrations or its replacement under section 303(d) of the federal Clean Water Act, the commissioner may submit the plan to the Environmental Protection Agency according to federal TMDL requirements as an alternative to developing a TMDL.


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

 

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

 

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

 

Sec. 52.  Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision to read:

 

Subd. 9.  Coordinating municipal and local water quality activities.  A project, practice, or program for water quality improvement or protection that is conducted by a watershed management organization or a local government unit with a comprehensive watershed management plan or other water management plan approved according to chapter 103B, 103C, or 103D may be considered as contributing to the requirements of a storm water pollution prevention plan (SWPPP) for a municipal separate storm sewer systems (MS4) permit unless the project, practice, or program was previously documented as contributing to a different SWPPP for an MS4 permit.

 

Sec. 53.  Minnesota Statutes 2016, section 114D.26, is amended to read:

 

114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.

 

Subdivision 1.  Contents.  (a) The commissioner of the Pollution Control Agency shall must develop watershed restoration and protection strategies. for:

 

(1) quantifying impairments and risks to water quality;

 

(2) describing the causes of impairments and pollution sources;

 

(3) consolidating TMDLs in a major watershed; and

 

(4) informing comprehensive local water management plans and comprehensive watershed management plans.

 

(b) To ensure effectiveness, efficiency, and accountability in meeting the goals of this chapter, the commissioner of the Pollution Control Agency and the Board of Water and Soil Resources must coordinate the schedule, budget, scope, and use of a WRAPS and related documents and processes in consultation with local government units and, when applicable, the Minnesota Forest Resources Council in consideration of section 114D.20, subdivision 8.  Each WRAPS shall must:

 

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

 

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

 

(3) summarize watershed modeling outputs and resulting pollution load allocations, and wasteload allocations, and priority areas for targeting actions to improve water quality and identify areas with high pollutant-loading rates;


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

 

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

 

(6) describe the current pollution loading and load reduction needed for each source or source category to meet water quality standards and goals, including wasteload and load allocations from TMDL's;

 

(7) contain a plan for ongoing identify water quality monitoring needed to fill data gaps, determine changing conditions, and or gauge implementation effectiveness; and

 

(8) contain an implementation table of strategies and actions that are capable of cumulatively achieving needed pollution load reductions for point and nonpoint sources, including identifying:

 

(i) water quality parameters of concern;

 

(ii) current water quality conditions;

 

(iii) water quality goals and targets by parameter of concern; and

 

(iv) strategies and actions by parameter of concern and an example of the scale of adoptions needed for each; with a timeline to meet the water quality restoration or protection goals of this chapter.

 

(v) a timeline for achievement of water quality targets;

 

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

 

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

 

Subd. 2.  Reporting.  Beginning July 1, 2016, and every other year thereafter, The commissioner of the Pollution Control Agency must periodically report on its the agency's Web site the progress toward implementation milestones and water quality goals for all adopted TMDL's and, where available, WRAPS's.

 

Subd. 3.  Timelines; administration.  Each year, (a) The commissioner of the Pollution Control Agency must complete WRAPS's for at least ten percent of watershed restoration and protection strategies for the state's major watersheds.  WRAPS shall be by June 30, 2023, unless the commissioner determines that a comprehensive watershed management plan or comprehensive local water management plan, in whole or part, meets the definition in section 114D.15, subdivision 11 or 13.  As needed, the commissioner must update the strategies, in whole or part, after consultation with the Board of Water and Soil Resources and local government units.

 

(b) Watershed restoration and protection strategies are governed by the procedures for approval and notice in section 114D.25, subdivisions 2 and 4, except that WRAPS the strategies need not be submitted to the United States Environmental Protection Agency.


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Sec. 54.  Minnesota Statutes 2016, section 114D.35, subdivision 1, is amended to read:

 

Subdivision 1.  Public and stakeholder participation.  (a) Public agencies and private entities involved in the implementation of implementing this chapter shall must encourage participation by the public and stakeholders, including local citizens, landowners and, land managers, and public and private organizations, in identifying impaired waters, in developing TMDL's, in planning, priority setting, and implementing restoration of impaired waters, in identifying degraded groundwater, and in protecting and restoring groundwater resources.

 

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

 

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

 

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

 

Sec. 55.  Minnesota Statutes 2016, section 114D.35, subdivision 3, is amended to read:

 

Subd. 3.  Education.  The Clean Water Council shall develop strategies for informing, educating, and encouraging the participation of citizens, stakeholders, and others regarding the identification of impaired waters, development of TMDL's, development of TMDL implementation plans, implementation of restoration for impaired waters, identification of degraded groundwater, and protection and restoration of groundwater resources this chapter.  Public agencies shall be are responsible for implementing the strategies.

 

Sec. 56.  Minnesota Statutes 2016, section 115.03, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  The agency is hereby given and charged with the following powers and duties:

 

(a) to administer and enforce all laws relating to the pollution of any of the waters of the state;

 

(b) 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;

 

(c) 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;

 

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


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(e) 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:

 

(1) 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;

 

(2) 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;

 

(3) 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;

 

(4) 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;

 

(5) 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;

 

(6) 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;

 

(7) 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;


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(8) 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;

 

(9) 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

 

(10) requiring that applicants for wastewater discharge permits evaluate in their applications the potential reuses of the discharged wastewater;

 

(f) 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;

 

(g) 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;

 

(h) 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;

 

(i) 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;

 

(j) to train water pollution control personnel, and charge such fees therefor as are necessary to cover the agency's costs.  The fees under this paragraph are subject to legislative approval under section 16A.1283.  All such fees received shall be paid into the state treasury and credited to the Pollution Control Agency training account;


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(k) 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;

 

(l) 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;

 

(m) 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

 

(n) 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.  The fees under this paragraph are subject to legislative approval under section 16A.1283.  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.

 

The information required in clause (m) 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.

 

The powers and duties given the agency in this subdivision also apply to permits issued under chapter 114C.

 

Sec. 57.  Minnesota Statutes 2016, section 115.03, subdivision 5, is amended to read:

 

Subd. 5.  Agency authority; national pollutant discharge elimination system.  (a) Notwithstanding any other provisions prescribed in or pursuant to this chapter and, with respect to the pollution of waters of the state, in chapter 116, or otherwise, the agency shall have the authority to perform any and all acts minimally necessary including, but not limited to, the establishment and application of standards, procedures, rules, orders, variances, stipulation agreements, schedules of compliance, and permit conditions, consistent with and, therefore not less stringent than the provisions of the Federal Water Pollution Control Act, as amended, applicable to the participation by the state of Minnesota in the national pollutant discharge elimination system (NPDES); provided that this provision shall not be construed as a limitation on any powers or duties otherwise residing with the agency pursuant to any provision of law.

 

(b) An activity that conveys or connects waters of the state without subjecting the transferred water to intervening industrial, municipal, or commercial use does not require a national pollutant discharge elimination system permit.  This exemption does not apply to pollutants introduced by the activity itself to the water being transferred.

 

Sec. 58.  Minnesota Statutes 2016, section 115.035, is amended to read:

 

115.035 EXTERNAL PEER REVIEW OF WATER QUALITY STANDARDS.

 

(a) When the commissioner convenes an external peer review panel during the promulgation or amendment of water quality standards, the commissioner must provide notice and take public comment on the charge questions for the external peer review panel and must allow written and oral public comment as part of the external peer review panel process.  Every new or revised numeric water quality standard must be supported by a technical support document that provides the scientific basis for the proposed standard and that has undergone external, scientific peer


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review.  Numeric water quality standards in which the agency is adopting, without change, a United States Environmental Protection Agency criterion that has been through peer review are not subject to this paragraph.  Documentation of the external peer review panel, including the name or names of the peer reviewer or reviewers, must be included in the statement of need and reasonableness for the water quality standard.  If the commissioner does not convene an external peer review panel during the promulgation or amendment of water quality standards, the commissioner must state the reason an external peer review panel will not be convened in the statement of need and reasonableness.

 

(b) Every technical support document developed by the agency must be released in draft form for public comment before peer review and before finalizing the technical support document.

 

(c) The commissioner must provide public notice and information about the external peer review through the request for comments published at the beginning of the rulemaking process for the numeric water quality standard, and:

 

(1) the request for comments must identify the draft technical support document and where the document can be found;

 

(2) the request for comments must include a proposed charge for the external peer review and request comments on the charge;

 

(3) all comments received during the public comment period must be made available to the external peer reviewers; and

 

(4) if the agency is not soliciting external peer review because the agency is adopting a United States Environmental Protection Agency criterion without change, that must be noted in the request for comments.

 

(d) The purpose of the external peer review is to evaluate whether the technical support document and proposed standard are based on sound scientific knowledge, methods, and practices.  The external peer review must be conducted according to the guidance in the most recent edition of the United States Environmental Protection Agency's Peer Review Handbook.  Peer reviewers must not have participated in developing the scientific basis of the standard.

 

(e) The type of review and the number of peer reviewers depends on the nature of the science underlying the standard.  When the agency is developing significant new science or science that expands significantly beyond current documented scientific practices or principles, a panel review must be used.

 

(f) In response to the findings of the external peer review, the draft technical support document must be revised as appropriate.  The findings of the external peer review must be documented and attached to the final technical support document, which must be an exhibit as part of the statement of need and reasonableness in the rulemaking to adopt the new or revised numeric water quality standard.  The final technical support document must note changes made in response to the external peer review.

 

(b) (g) By December 15 each year, the commissioner shall post on the agency's Web site a report identifying the water quality standards development work in progress or completed in the past year, the lead agency scientist for each development effort, and opportunities for public input.

 

Sec. 59.  [115.455] EFFLUENT LIMITATIONS; COMPLIANCE.

 

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

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 60.  Minnesota Statutes 2016, section 115.77, subdivision 1, is amended to read:

 

Subdivision 1.  Fees.  The agency shall collect fees in amounts necessary, but no greater than the amounts necessary, to cover the reasonable costs of reviewing applications and issuing certifications.  The fees under this subdivision are subject to legislative approval under section 16A.1283.

 

Sec. 61.  Minnesota Statutes 2016, section 115.84, subdivision 2, is amended to read:

 

Subd. 2.  Rules.  The agency may adopt rules to govern certification of laboratories according to this section.  Notwithstanding section 16A.1283, the agency may adopt rules establishing fees.

 

Sec. 62.  Minnesota Statutes 2016, section 115.84, subdivision 3, is amended to read:

 

Subd. 3.  Fees.  (a) Until the agency adopts a rule establishing fees for certification, the agency shall collect fees from laboratories registering with the agency, but not accredited by the commissioner of health under sections 144.97 to 144.99, in amounts necessary to cover the reasonable costs of the certification program, including reviewing applications, issuing certifications, and conducting audits and compliance assistance.  The fees under this paragraph are subject to legislative approval under section 16A.1283.

 

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

 

(c) Revenue from fees charged by the agency for certification shall be credited to the environmental fund.

 

Sec. 63.  Minnesota Statutes 2016, section 115A.51, is amended to read:

 

115A.51 APPLICATION REQUIREMENTS.

 

(a) Applications for assistance under the program shall must demonstrate:

 

(a) (1) that the project is conceptually and technically feasible;

 

(b) (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;

 

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

 

(d) (4) that the applicant has evaluated the feasible and prudent alternatives to disposal, including the use of existing solid waste management facilities 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 waste management objectives in applicable county and regional solid waste management plans consistent with sections 115A.46, subdivision 2, paragraphs (e) and (f), and 473.149, subdivision 1, and other solid waste facilities identified in the county and regional plans; and

 

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


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(i) conformity with approved county or regional solid waste management plans;

 

(ii) consistency with the state's solid waste hierarchy and sections 115A.46, subdivision 2, paragraphs (e) and (f), and 473.149, subdivisions 1; and

 

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

 

(b) The commissioner may 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 facility mentioned in the portion of the application addressing the requirements of paragraph (a), clauses (5) and (6).

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 64.  Minnesota Statutes 2016, section 115A.94, subdivision 2, is amended to read:

 

Subd. 2.  Local authority.  A city or town may organize collection, after public notification and hearing as required in subdivisions 4a to 4d 4f.  A county may organize collection as provided in subdivision 5.  A city or town that has organized collection as of May 1, 2013, is exempt from subdivisions 4a to 4d 4f.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.

 

Sec. 65.  Minnesota Statutes 2016, section 115A.94, subdivision 4a, is amended to read:

 

Subd. 4a.  Committee establishment.  (a) Before implementing an ordinance, franchise, license, contract, or other means of organizing collection, a city or town, by resolution of the governing body, must establish an organized a solid waste collection options committee to identify, examine, and evaluate various methods of organized solid waste collection.  The governing body shall appoint the committee members.

 

(b) The organized solid waste collection options committee is subject to chapter 13D.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.

 

Sec. 66.  Minnesota Statutes 2016, section 115A.94, subdivision 4b, is amended to read:

 

Subd. 4b.  Committee duties.  The committee established under subdivision 4a shall:

 

(1) determine which methods of organized solid waste collection to examine, which must include:

 

(i) the existing system of collection;

 

(i) (ii) a system in which a single collector collects solid waste from all sections of a city or town; and

 

(ii) (iii) a system in which multiple collectors, either singly or as members of an organization of collectors, collect solid waste from different sections of a city or town;

 

(2) establish a list of criteria on which the organized solid waste collection methods selected for examination will be evaluated, which may include:  costs to residential subscribers, impacts on residential subscribers' ability to choose a provider of solid waste service based on the desired level of service, costs and other factors, the impact of


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miles driven by collection vehicles on city streets and alleys and the incremental impact of miles driven by collection vehicles, initial and operating costs to the city of implementing the organized solid waste collection system, providing incentives for waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal, social, environmental, and aesthetic impacts;

 

(3) collect information regarding the operation and efficacy of existing methods of organized solid waste collection in other cities and towns;

 

(4) seek input from, at a minimum:

 

(i) the governing body of the city or town;

 

(ii) the local official of the city or town responsible for solid waste issues;

 

(iii) persons currently licensed to operate solid waste collection and recycling services in the city or town; and

 

(iv) residents of the city or town who currently pay for residential solid waste collection services; and

 

(5) issue a report on the committee's research, findings, and any recommendations to the governing body of the city or town.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.

 

Sec. 67.  Minnesota Statutes 2016, section 115A.94, subdivision 4c, is amended to read:

 

Subd. 4c.  Governing body; implementation.  The governing body of the city or town shall consider the report and recommendations of the organized solid waste collection options committee.  The governing body must provide public notice and hold at least one public hearing before deciding whether to implement organized collection.  Organized collection may begin no sooner than six months after the effective date of the decision of the governing body of the city or town to implement organized collection.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.

 

Sec. 68.  Minnesota Statutes 2016, section 115A.94, subdivision 4d, is amended to read:

 

Subd. 4d.  Participating collectors proposal requirement.  Prior to Before establishing a committee under subdivision 4a to consider organizing residential solid waste collection, a city or town with more than one licensed collector must notify the public and all licensed collectors in the community.  The city or town must provide a 60‑day period of at least 60 days in which meetings and negotiations shall occur exclusively between licensed collectors and the city or town to develop a proposal in which interested licensed collectors, as members of an organization of collectors, collect solid waste from designated sections of the city or town.  The proposal shall include identified city or town priorities, including issues related to zone creation, traffic, safety, environmental performance, service provided, and price, and shall reflect existing haulers maintaining their respective market share of business as determined by each hauler's average customer count during the six months prior to the commencement of the 60-day exclusive negotiation period.  If an existing hauler opts to be excluded from the proposal, the city may allocate their customers proportionally based on market share to the participating collectors who choose to negotiate.  The initial organized collection agreement executed under this subdivision must be for a


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period of three to seven years.  Upon execution of an agreement between the participating licensed collectors and city or town, the city or town shall establish organized collection through appropriate local controls and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except that the governing body must provide the public notification and hearing required under subdivision 4c.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.

 

Sec. 69.  Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision to read:

 

Subd. 4e.  Parties to meet and confer.  Before the exclusive meetings and negotiations under subdivision 4d, participating licensed collectors and elected officials of the city or town must meet and confer regarding waste collection issues, including but not limited to road deterioration, public safety, pricing mechanisms, and contractual considerations unique to organized collection.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.

 

Sec. 70.  Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision to read:

 

Subd. 4f.  Joint liability limited.  Notwithstanding section 604.02, an organized collection agreement must not obligate a participating licensed collector for damages to third parties solely caused by another participating licensed collector.  The organized collection agreement may include joint obligations for actions that are undertaken by all the participating licensed collectors under this section.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.

 

Sec. 71.  Minnesota Statutes 2016, section 115A.94, subdivision 5, is amended to read:

 

Subd. 5.  County organized collection.  (a) A county may by ordinance require cities and towns within the county to organize collection.  Organized collection ordinances of counties may:

 

(1) require cities and towns to require the separation and separate collection of recyclable materials;

 

(2) specify the material to be separated; and

 

(3) require cities and towns to meet any performance standards for source separation that are contained in the county solid waste plan.

 

(b) A county may itself organize collection under subdivisions 4a to 4d 4f in any city or town that does not comply with a county organized collection ordinance adopted under this subdivision, and the county may implement, as part of its organized collection, the source separation program and performance standards required by its organized collection ordinance.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.


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Sec. 72.  [115B.171] TESTING FOR PRIVATE WELLS; EAST METROPOLITAN AREA.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "East metropolitan area" means:

 

(1) the cities of Afton, Cottage Grove, Lake Elmo, Newport, Oakdale, St. Paul Park, and Woodbury;

 

(2) the townships of Denmark, Grey Cloud Island, and Lakeland; and

 

(3) other areas added by the commissioner that have a potential for significant groundwater pollution from PFCs.

 

(c) "PFCs" means per- and poly-fluorinated chemicals.

 

Subd. 2.  Testing required for private wells.  At the request of the owner or occupier of land in the east metropolitan area containing a private well for water, the commissioner must use money in the remediation fund under section 116.155 to provide timely testing for PFCs for the well if the commissioner has not previously tested the well for PFCs.  If the test of the private well measures a contamination at or above 50 percent of a health-based advisory value or health risk limit for PFCs, the commissioner must provide for additional well tests based on a schedule to ensure that the groundwater is safe for consumption.

 

Subd. 3.  Test reporting.  (a) By January 15 each year, the commissioner 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 agency's Web site.

 

(b) By January 15 each year, the commissioner 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. 73.  [115B.172] NATURAL RESOURCES DAMAGES ACCOUNT.

 

Subdivision 1.  Establishment.  The natural resources damages account is established as an account in the remediation fund.

 

Subd. 2.  Revenues.  The account consists of money from the following sources:

 

(1) revenues from actions taken by the attorney general on behalf of the commissioner of the Pollution Control Agency and commissioner of natural resources under section 115B.17, subdivisions 6 and 7, unless otherwise specified by the attorney general or settlement agreement;

 

(2) appropriations and transfers to the account as provided by law;

 

(3) interest earned on the account; and

 

(4) money received by the commissioner of the Pollution Control Agency or the commissioner of natural resources for deposit in the account in the form of a gift or a grant.

 

Subd. 3.  Expenditures.  (a) Money in the account is appropriated to the commissioner of natural resources for the purposes authorized in section 115B.20, subdivision 2, clause (4).


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(b) The commissioner of management and budget must allocate the amounts available in any biennium to the commissioner of natural resources for the purposes of this section based upon work plans submitted by the commissioner of natural resources and may adjust those allocations upon submittal of revised work plans.  Copies of the work plans must be submitted to the chairs of the house of representatives and senate committees and divisions having jurisdiction over environment and natural resources finance.

 

Subd. 4.  Report.  By November 1 each year, the commissioner of natural resources must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources policy and finance on expenditures from the natural resources damages account during the previous fiscal year.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 74.  [115B.52] WATER QUALITY AND SUSTAINABILITY ACCOUNT.

 

Subdivision 1.  Definition.  For purposes of this section and section 115B.53, the term "settlement" means the agreement and order entered on February 20, 2018, settling litigation commenced by the state against the 3M Company under section 115B.17, subdivision 7.

 

Subd. 2.  Establishment.  The water quality and sustainability account is established as an account in the remediation fund.  The account consists of revenue deposited in the account under the terms of the settlement and earnings on the investment of money in the account.  Money in the account may be invested through the State Board of Investment to ensure sufficient clean drinking water supplies are available to residents and businesses in the east metropolitan area to meet their current and future water needs.

 

Subd. 3.  Priorities.  The commissioners of the Pollution Control Agency and natural resources must give priority to projects that:

 

(1) ensure clean drinking water in sufficient supply to residents and businesses in the east metropolitan area to meet their current and future water needs, with priority given to projects that address drinking water supplies where health-based values or health risk limits for perfluorinated and polyfluorinated chemicals have been exceeded; and

 

(2) provide water treatment and groundwater recharge to enhance existing municipal water supplies and provide connections to municipal drinking water supplies.

 

Subd. 4.  Expenditures.  (a) Money in the account is appropriated to the commissioner of the Pollution Control Agency and to the commissioner of natural resources for the purposes authorized under the settlement.

 

(b) The commissioners must ensure that money in the account is spent:

 

(1) to enhance the quality, quantity, and sustainability of the drinking water in the east metropolitan area, which includes but is not limited to, the cities of Woodbury, Oakdale, Lake Elmo, Cottage Grove, St. Paul Park, Afton, and Newport and the townships of West Lakeland and Grey Cloud Island;

 

(2) only on projects that are technically feasible; and

 

(3) in a manner that ensures the priorities identified under subdivision 3 are met and that money in the account is sufficient for the long-term operation and maintenance of projects meeting the priority established under subdivision 3, clause (1), including ensuring there are adequate reserves.


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Subd. 5.  Limitations.  No more than eight percent of the money in the account may be spent on state and local administrative expenses and no more than ten percent may be spent on studies.

 

Subd. 6.  Reporting.  The commissioner of the Pollution Control Agency and the commissioner of natural resources must jointly submit:

 

(1) by March 1 and November 1 each year, a biannual 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 six months; and

 

(2) by November 1 each year, 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.

 

Subd. 7.  State authority.  Nothing in this section grants authority to the commissioner of the Pollution Control Agency or commissioner of natural resources to assume control or otherwise operate existing municipal water supply operations in the east metropolitan area.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 75.  [115B.53] WATER QUALITY AND SUSTAINABILITY STAKEHOLDERS.

 

The commissioner of the Pollution Control Agency and the commissioner of natural resources must work with stakeholders to identify and recommend projects to receive funding from the water quality and sustainability account under the settlement.  Stakeholders include, at a minimum, representatives of the agency, the Department of Natural Resources, east metropolitan area municipalities, and the 3M Company.  The commissioners must establish a process to solicit and evaluate the recommendations from each of the cities of Woodbury, Oakdale, Lake Elmo, Cottage Grove, St. Paul Park, Afton, and Newport and the townships of West Lakeland and Grey Cloud Island.

 

Sec. 76.  Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to read:

 

Subd. 2c.  Exemption from standards for temporary storage facilities subject to control.  (a) A temporary storage facility located at a commodity facility that is required to be controlled under Minnesota Rules, part 7011.1005, subpart 3, is not subject to Minnesota Rules, parts 7011.1000 to 7011.1015.  For all portable equipment and fugitive dust emissions directly associated with the temporary storage facility, it is determined that there is no applicable specific standard of performance.

 

(b) For the purposes of this subdivision, the following terms have the meanings given them:

 

(1) "temporary storage facility" means a facility storing grain that:

 

(i) uses an asphalt, concrete, or comparable base material;

 

(ii) has rigid, self-supporting sidewalls;

 

(iii) provides adequate aeration; and

 

(iv) provides an acceptable covering; and


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(2) "portable equipment" means equipment that is not fixed at any one spot and can be moved, including but not limited to portable receiving pits, portable augers and conveyors, and portable reclaim equipment directly associated with the temporary storage facility.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 77.  Minnesota Statutes 2017 Supplement, section 116.07, subdivision 4d, is amended to read:

 

Subd. 4d.  Permit fees.  (a) The agency may collect permit fees in amounts not greater than those necessary to cover the reasonable costs of developing, reviewing, and acting upon applications for agency permits and implementing and enforcing the conditions of the permits pursuant to agency rules.  Permit fees shall not include the costs of litigation.  The fee schedule must reflect reasonable and routine direct and indirect costs associated with permitting, implementation, and enforcement.  The agency may impose an additional enforcement fee to be collected for a period of up to two years to cover the reasonable costs of implementing and enforcing the conditions of a permit under the rules of the agency.  Water fees under this paragraph are subject to legislative approval under section 16A.1283.  Any money collected under this paragraph shall be deposited in the environmental fund.

 

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

 

(c) The agency shall set fees that:

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

Sec. 78.  Minnesota Statutes 2017 Supplement, section 116.0714, is amended to read:

 

116.0714 NEW OPEN-AIR SWINE BASINS.

 

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

 

(b) This section does not apply to a storage basin for effluent basins used solely for wastewater from a truck‑washing facility.

 

Sec. 79.  Minnesota Statutes 2016, section 116.155, subdivision 1, is amended to read:

 

Subdivision 1.  Creation.  The remediation fund is created as a special revenue fund in the state treasury to provide a reliable source of public money for response and corrective actions to address releases of hazardous substances, pollutants or contaminants, agricultural chemicals, and petroleum, and for environmental response actions at qualified landfill facilities for which the agency has assumed such responsibility, including perpetual care


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of such facilities.  The specific purposes for which the general portion of the fund may be spent are provided in subdivision 2.  In addition to the general portion of the fund, the fund contains two four accounts described in subdivisions 4 and 5 to 5b.

 

Sec. 80.  Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision to read:

 

Subd. 5a.  Water quality and sustainability account.  The water quality and sustainability account is as described in section 115B.52.

 

Sec. 81.  Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision to read:

 

Subd. 5b.  Natural resources damages account.  The natural resources damages account is as described in section 115B.172.

 

Sec. 82.  [116.2025] DEICER APPLICATORS; VOLUNTARY CERTIFICATION PROGRAM.

 

Subdivision 1.  Definitions.  For the purpose of this section, the following terms have the meanings given:

 

(1) "certified commercial applicator" means an individual who applies deicer and has completed training approved by the commissioner on removing snow and ice and applying deicer and passed an examination after completing the training;

 

(2) "commercial applicator" means an individual or a company and its employees that apply deicer for hire, but does not include a municipal, state, or other government employee;

 

(3) "deicer" means any substance used to melt snow and ice, or used for its anti-icing effects, on privately owned surfaces traveled by pedestrians and vehicles; and

 

(4) "owner" means a person that owns, leases, or manages real estate and the person's employees that contract in writing with a certified commercial applicator.

 

Subd. 2.  Voluntary certification program; best management practices.  (a) The commissioner of the Pollution Control Agency must develop a training program that promotes best management practices for removing snow and ice and applying deicer and must allow individuals who are commercial applicators to obtain certification as a water-friendly applicator.  The commissioner must certify an individual who is a commercial applicator as a water-friendly applicator if the individual successfully completes the program and passes the examination.

 

(b) The commissioner must provide additional training under this subdivision for certified commercial applicators renewing certification after their initial training and certification.

 

(c) The commissioner must provide the training and testing module at locations statewide and may make the recertification training available online.

 

(d) The commissioner must annually post the best management practices and a list of certified commercial applicators on the agency's Web site.

 

(e) The commissioner may charge a fee of no more than $250 per certified commercial applicator for the training or recertification under this subdivision.  Fees collected under this subdivision must be deposited in the environmental fund.


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Subd. 3.  Liability.  (a) A commercial applicator certified under this section; the owner, occupant, or lessee of real property maintained by a certified commercial applicator; or an employee of that owner, occupant, or lessee who is certified under this section is not civilly liable for any claim based on a snow or ice condition arising out of the implementation of the best management practices developed by the commissioner under this section even if there is actual notice of the snow or ice condition, except when the snow or ice condition is affirmatively caused by the willful or reckless acts of the certified commercial applicator or the employee of the owner, occupant, or lessee who is certified under this section.  Commercial applicators certified under this section; the owner, occupants, or lessees of land maintained by a certified commercial applicator; and an employee of that owner, occupant, or lessee who is certified under this section are presumed to be acting pursuant to the best management practices developed by the commissioner under this section.

 

(b) To receive the immunity protection under paragraph (a), and not for any other purpose, the commercial applicator, or the employee of the owner, occupant, or lessee, must have a current certification, pass an exam, complete the winter maintenance assessment tool requirements developed by the commissioner, and keep a written record describing the road, parking lot, and property maintenance practices used.  The written record must include the type and rate of application of deicing materials used, the dates of treatment, and the weather conditions for each event requiring deicing.  The records must be kept for a minimum of six years.

 

(c) The liability of a commercial applicator who applies deicer but is not certified under this section may not be determined under the standards provided in this subdivision.

 

Subd. 4.  Record keeping.  (a) A certified commercial applicator or a company employing one or more certified commercial applicators must maintain the following records as part of the best management practices approved by the commissioner:

 

(1) a copy of the applicator's certification approved by the commissioner and any recertification;

 

(2) evidence of passing the examination approved by the commissioner;

 

(3) copies of the assessment tool requirements for winter maintenance developed by the commissioner; and

 

(4) a written record describing the practices used for road, parking lot, and property maintenance.

 

(b) The written record under paragraph (a), clause (4), must include the type and rate of application of deicing materials used, the dates of treatment, and the weather conditions for each event requiring deicing.

 

(c) Records required under this subdivision must be kept for at least six years.

 

Subd. 5.  Penalty.  The commissioner may revoke or decline to renew the certification of a certified commercial applicator that violates this section or rules adopted under this section.

 

Subd. 6.  Relation to other law.  Nothing in this section affects municipal liability under section 466.03.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to claims arising on or after that date.

 

Sec. 83.  Minnesota Statutes 2016, section 116.993, subdivision 2, is amended to read:

 

Subd. 2.  Eligible borrower.  To be eligible for a loan under this section, a borrower must:

 

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


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

 

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

 

(4) have less fewer than 50 100 full-time equivalent employees; and

 

(5) have an after tax after-tax profit of less than $500,000; and.

 

(6) have a net worth of less than $1,000,000.

 

Sec. 84.  Minnesota Statutes 2016, section 116.993, subdivision 6, is amended to read:

 

Subd. 6.  Loan conditions.  A loan made under this section must include:

 

(1) an interest rate that is four percent or at or below one-half the prime rate, whichever is greater not to exceed five percent;

 

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

 

(3) an amount not less than $1,000 or exceeding $50,000 $75,000.

 

Sec. 85.  Minnesota Statutes 2017 Supplement, section 169A.07, is amended to read:

 

169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.

 

A person who violates section 169A.20 (driving while impaired) while using an off-road recreational vehicle or motorboat and who does not have a qualified prior impaired driving incident is subject only to the criminal penalty provided in section 169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27(fourth-degree driving while impaired); and loss of operating privileges as provided in section 84.91, subdivision 1 (operation of snowmobiles or all-terrain vehicles by persons under the influence of alcohol or controlled substances), or 86B.331, subdivision 1 (operation of motorboats while using alcohol or with a physical or mental disability), whichever is applicable.  The person is not subject to the provisions of section 169A.275, subdivision 5(submission to the level of care recommended in chemical use assessment for repeat offenders and offenders with alcohol concentration of 0.16 or more); 169A.277 (long-term monitoring); 169A.285 (penalty assessment); 169A.44 (conditional release); 169A.54 (impaired driving convictions and adjudications; administrative penalties); or 169A.54, subdivision 11(chemical use assessment); the license revocation sanctions of sections 169A.50 to 169A.53(implied consent law) or 171.177 (revocation; search warrant); or the plate impoundment provisions of section 169A.60 (administrative impoundment of plates).

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to violations committed on or after that date.

 

Sec. 86.  Minnesota Statutes 2016, section 180.03, subdivision 2, is amended to read:

 

Subd. 2.  Fences.  Every person, firm, or corporation that is or has been engaged in the business of mining or removing iron ore, taconite, semitaconite or other minerals except sand, crushed rock, and gravel shall erect and maintain, as a minimum, a three strand wire fence along the outside perimeter of the excavation, open pit, or shaft of any mine in which mining operations have ceased for a period of six consecutive months or longer.  Based upon local site conditions that may exist at shafts, caves, or open pits, the county mine inspector may require more secure fencing such as barbed wire or mesh fence, or may require barriers, appropriate signs, or any combination of the


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above, to reduce the possibility of accidental falls.  The county mine inspector may grant exemptions under subdivision 4.  Where mining operations have ceased and not resumed, the fence, barrier, signs, or combination of them required by this section shall be erected within two years from the date when the county mine inspector directs the erection of fences, barriers, signs, or combination of them.

 

Sec. 87.  Minnesota Statutes 2016, section 180.03, subdivision 3, is amended to read:

 

Subd. 3.  Abandoned mines.  Except as described in subdivision 4, when a mine is idle or abandoned it is the duty of the inspector of mines to notify the person, firm, or corporation that is or has been engaged in the business of mining to erect and maintain around all the shafts, caves, and open pits of such mines a fence, barrier, appropriate signs, or combination of them, suitable to warn of the presence of shafts, caves, or open pits and reduce the possibility of accidentally falling into these shafts, caves, or open pits.  If the mine has been idled or abandoned, or if the person, firm, or corporation that has been engaged in the business of mining no longer exists, the fee owner shall erect and maintain the fence, barrier, or signs required by this section.  If the fee owner fails to act, the county in which the mining operation is located may, in addition to any other remedies available, abate the nuisance by erecting or maintaining the fence, barrier, or signs and assessing the costs and related expenses pursuant to section 429.101.

 

Sec. 88.  Minnesota Statutes 2016, section 180.03, subdivision 4, is amended to read:

 

Subd. 4.  Exemptions.  (a) The portion of an excavation, cave, open or water-filled pit, or shaft is exempt from the requirements of this section if:

 

(1) it is located on property owned, leased, or administered by the Office of the Commissioner of Iron Range Resources and Rehabilitation;

 

(2) it is for the construction, operation, maintenance, or administration of:

 

(i) grants-in-aid trails as defined in section 85.018;

 

(ii) property owned or leased by a municipality, as defined in section 466.01, subdivision 1, that is intended or permitted to be used as a park, an open area for recreational purposes, or for the provision of recreational services, including the creation of trails or paths without artificial surfaces; or

 

(iii) recreational use, as defined in section 604A.21, subdivisions 5 and 6, provided the use is administered by a municipality, as defined in section 466.01, subdivision 1;

 

(3) it is for economic development purposes under chapter 469; or

 

(4) upon written application by the property owner, the county mine inspector may exempt from the requirements of subdivision 2, any abandoned excavation, open pit, or shaft which determines that it is provided with fencing, barriers, appropriate signs, or combinations of them, in a manner that is reasonably similar to the standards in subdivision 2, or which if, in the inspector's judgment, it does not constitute a safety hazard.

 

(b) Where an exemption applies, there shall be, at a minimum, appropriate signs posted by the recipient of the exemption consistent with section 97B.001, subdivision 4:

 

(1) at each location of public access to the mining area restricting access to designated areas and warning of possible dangers due to the presence of excavations, shafts, caves, or open or water-filled pits;

 

(2) prohibiting public access beyond the boundaries of the designated public access area; and


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(3) identifying those areas where the property on which public access is allowed abuts private property.

 

(c) Where an exemption applies, to reduce the possibility of inadvertent access beyond the boundaries of the designated public access area, any new fencing erected by the recipient of the exemption in accordance with subdivision 2 or 3 shall be maintained by the recipient of the exemption.

 

(d) Notwithstanding section 180.10, limited openings in preexisting fencing may be created and maintained by the recipient of the exemption or its agent to provide public access to the designated public access area.

 

(e) The county mine inspector has the authority to enter, examine, and inspect any and all property exempted under this section at all reasonable times by day or by night, and, in addition to enforcing the provisions of this chapter, may make recommendations regarding the erection of fences, barriers, signs, or a combination of them.

 

Sec. 89.  Minnesota Statutes 2016, section 180.10, is amended to read:

 

180.10 REMOVAL OF FENCE; GUARD.

 

A worker, employee, or other person who opens, removes, or disturbs any fence, guard, barrier, sign, or rail required by section 180.03 and fails to close or replace or have the same closed or replaced again around or in front of any mine shaft, pit, chute, excavation, cave, or land liable to cave, injure, or destroy, whether by accident, injury, or damage results, either to the mine or those at work therein, or to any other person, shall be guilty of a misdemeanor.  A worker, employee, or other person who, in regard to any fence, guard, barrier, sign, or rail, does any of the acts prohibited by section 609.52, commits theft of the fence, guard, barrier, sign, or rail may be sentenced as provided in section 609.52.

 

Sec. 90.  [383A.606] DISCONTINUANCE OF RAMSEY SOIL AND WATER CONSERVATION DISTRICT; TRANSFER OF DUTIES.

 

Subdivision 1.  Discontinuance.  Notwithstanding section 103C.225, the Ramsey Soil and Water Conservation District is discontinued effective July 1, 2018, and its duties and authorities are transferred to the Ramsey County Board of Commissioners.

 

Subd. 2.  Transfer of duties and authorities.  The Ramsey County Board of Commissioners has the duties and authorities of a soil and water conservation district.  All contracts in effect on the date of the discontinuance of the district to which Ramsey Soil and Water Conservation District is a party remain in force and effect for the period provided in the contracts.  The Ramsey County Board of Commissioners shall be substituted for the Ramsey Soil and Water Conservation District as party to the contracts and succeed to the district's rights and duties.

 

Subd. 3.  Transfer of assets.  The Ramsey Soil and Water Conservation District Board of Supervisors shall transfer the assets of the district to the Ramsey County Board of Commissioners.  The Ramsey County Board of Commissioners shall use the transferred assets for the purposes of implementing the transferred duties and authorities.

 

Subd. 4.  Reestablishment.  The Ramsey County Board of Commissioners may petition the Minnesota Board of Water and Soil Resources to reestablish the Ramsey Soil and Water Conservation District.  Alternatively, the Minnesota Board of Water and Soil Resources under its authority in section 103C.201, and after giving notice of corrective actions and time to implement the corrective actions, may reestablish the Ramsey Soil and Water Conservation District if it determines the goals established in section 103C.005 are not being achieved.  The Minnesota Board of Water and Soil Resources may reestablish the Ramsey Soil and Water Conservation District under this subdivision without a referendum.

 

EFFECTIVE DATE.  This section is effective the day after the governing body of Ramsey County and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.


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Sec. 91.  Minnesota Statutes 2016, section 444.075, subdivision 1a, is amended to read:

 

Subd. 1a.  Authorization.  Any municipality may build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain facilities, and maintain and operate the facilities inside or outside its corporate limits, and acquire by gift, purchase, lease, condemnation, or otherwise any and all land and easements required for that purpose.  The authority hereby granted is in addition to all other powers with reference to the facilities otherwise granted by the laws of this state or by the charter of any municipality.  The authority regarding storm sewers granted to municipalities which have territory within a watershed which has adopted a watershed plan pursuant to section 103B.231 shall be exercised, with respect to facilities acquired following the adoption of the watershed plan, only for facilities which are not inconsistent with the watershed plan.  The authority regarding storm sewers granted to municipalities which have adopted local water management plans pursuant to section 103B.235 shall be exercised, with respect to facilities acquired following the adoption of a local plan, only for facilities which are not inconsistent with the local plan.  Counties, except counties in the seven-county metropolitan area, shall have the same authority granted to municipalities by this subdivision except for areas of the county organized into cities and areas of the county incorporated within a sanitary district established by special act of the legislature.

 

Sec. 92.  Minnesota Statutes 2016, section 473.8441, subdivision 4, is amended to read:

 

Subd. 4.  Grant conditions.  The commissioner shall administer grants so that the following conditions are met:

 

(a) A county must apply for a grant in the manner determined by the commissioner.  The application must describe the activities for which the grant will be used.

 

(b) The activities funded must be consistent with the metropolitan policy plan and the county master plan.

 

(c) A grant must be matched by equal county local expenditures for the activities for which the grant is made.  A local expenditure may include, but is not limited to, an expenditure by a local unit of government, tribal government, or private sector or nonprofit organization.

 

(d) All grant funds must be used for new activities or to enhance or increase the effectiveness of existing activities in the county.  Grant funds must not be used for research or development of a product that would be patented, copyrighted, or a subject of trade secrets.

 

(e) Counties shall provide support to maintain effective municipal recycling where it is already established.

 

Sec. 93.  Laws 2015, First Special Session chapter 4, article 4, section 136, as amended by Laws 2017, chapter 93, article 2, section 149, is amended to read:

 

Sec. 136.  WILD RICE WATER QUALITY STANDARDS.

 

(a) Until the commissioner of the Pollution Control Agency amends rules refining the wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider all independent research and publicly funded research and to include criteria for identifying waters and a list of waters subject to the standard, implementation of the wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the following, unless the permittee requests additional conditions:

 

(1) when issuing, modifying, or renewing national pollutant discharge elimination system (NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild rice, and in doing so shall be limited by the following conditions:


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(i) the agency shall not require permittees to expend money for design or implementation of sulfate treatment technologies or other forms of sulfate mitigation; and

 

(ii) the agency may require sulfate minimization plans in permits; and

 

(2) the agency shall not list waters containing natural beds of wild rice as impaired for sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33, section 1313, until the rulemaking described in this paragraph takes effect.

 

(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits issued or reissued after the effective date of this section as needed to include numeric permit limits based on the wild rice water quality standard.

 

(c) The commissioner shall complete the rulemaking described in paragraph (a) by January 15, 2019.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 94.  Laws 2016, chapter 189, article 3, section 48, is amended to read:

 

Sec. 48.  LAKE SERVICE PROVIDER FEASIBILITY REPORT.

 

The commissioner of natural resources shall report to the chairs of the house of representatives and senate committees with jurisdiction over natural resources by January 15, 2019 2020, regarding the feasibility of expanding permitting to service providers as described in Minnesota Statutes, section 84D.108, subdivision 2a, to other water bodies in the state.  The report must:

 

(1) include recommendations for state and local resources needed to implement the program;

 

(2) assess local government inspection roles under Minnesota Statutes, section 84D.105, subdivision 2, paragraph (g); and

 

(3) assess whether mechanisms to ensure that water-related equipment placed back into the same body of water from which it was removed can adequately protect other water bodies.

 

Sec. 95.  Laws 2017, chapter 93, article 2, section 155, subdivision 5, is amended to read:

 

Subd. 5.  Sunset.  This section expires two six years from the day following final enactment.

 

Sec. 96.  Laws 2017, chapter 93, article 2, section 163, is amended to read:

 

Sec. 163.  ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER COUNTY.

 

Before July 1, 2018, The commissioner of natural resources must not initiate a civil action to obtain access to Island Lake FMHA Wildlife Management Area in Clearwater County.

 

Sec. 97.  APPLICATION OF STORM WATER RULES TO TOWNSHIPS.

 

Until the Pollution Control Agency amends rules for storm water, Minnesota Rules, part 7090.1010, subpart 1, item B, subitem (1), only applies to the portions of the city or township that are designated as urbanized under Code of Federal Regulations, title 40, section 122.26 (a)(9)(i)(A), and other platted areas within that jurisdiction.


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Sec. 98.  RULEMAKING; DISPOSAL FACILITY CERTIFICATES.

 

(a) The commissioner of the Pollution Control Agency must amend Minnesota Rules, part 7048.1000, subpart 4, item D, to require six contact hours of required training to renew a type IV disposal facility certificate.

 

(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.

 

Sec. 99.  RECREATIONAL TRAILS; ENVIRONMENTAL REVIEW; RULEMAKING.

 

(a) The Environmental Quality Board must amend Minnesota Rules, chapter 4410, to be consistent with this section, including amending Minnesota Rules, part 4410.4300, subpart 37, as follows:

 

(1) item A must be amended to read:  "Constructing a trail at least 25 miles long on forested or other naturally vegetated land for a recreational use unless exempted by part 4410.4600, subpart 14, item D.  In applying this item, if a proposed trail will contain segments of newly constructed trail and segments that will follow an existing trail but be designated for a new motorized use, an EAW must be prepared if the sum of the quotients obtained by dividing the length of the new construction by 25 miles and length of the existing but newly designated trail by 25 miles equals or exceeds one.  Additions and designations under items C and D do not apply to this formula.";

 

(2) item B must be amended to read:  "Designating at least 25 miles of an existing trail for a new motorized recreational use other than snowmobiling.  In applying this item, if a proposed trail will contain segments of newly constructed trail and segments that will follow an existing trail but be designated for a new motorized use, an EAW must be prepared if the sum of the quotients obtained by dividing the length of the new construction by 25 miles and the length of the existing but newly designated trail by 25 miles equals or exceeds one.  Additions and designations under items C and D do not apply to this formula.";

 

(3) a new item C must be adopted to read:  "When adding a new motorized recreational use or seasonal motorized recreational use to an existing motorized recreational trail if the treadway width is not expanded as a result of the added use, a mandatory EAW is not required."; and

 

(4) a new item D must be adopted to read:  "When designating an existing, legally constructed route for motorized recreational use, a mandatory EAW is not required."

 

(b) The board may use the good cause exemption rulemaking procedure 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.

 

Sec. 100.  WETLAND REPLACEMENT; FRAMEWORKS FOR IN-LIEU FEE PROGRAM.

 

The Board of Water and Soil Resources, in cooperation with the United States Army Corps of Engineers, may complete the planning frameworks and other program application requirements necessary for federal approval of an in-lieu fee program, as authorized under Minnesota Statutes, section 103G.2242, in the Red River basin and the greater than 80 percent area.  The planning frameworks must contain a prioritization strategy for selecting and implementing mitigation activities based on a watershed approach that includes consideration of historic resource loss within watersheds and the extent to which mitigation can address priority watershed needs.  The board must consider the recommendations of the report "Siting of Wetland Mitigation in Northeast Minnesota," dated March 7, 2014, and implementation of Minnesota Statutes, section 103B.3355, paragraphs (e) and (f), in developing proposed planning frameworks for applicable watersheds.  When completing the work and pursuing approval of an in-lieu fee program, the board must do so consistent with the applicable requirements, stakeholder and agency review


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processes, and approval time frames in Code of Federal Regulations, title 33, section 332.  The board must submit any completed planning frameworks to the chairs and ranking minority members of the house of representatives and the senate committees and divisions with jurisdiction over environment and natural resources upon receiving federal approval.

 

Sec. 101.  TEMPORARY ENFORCEMENT OF GROUNDWATER APPROPRIATION PERMIT REQUIREMENTS.

 

(a) Until July 1, 2019, the commissioner of natural resources must not expend funds to suspend or revoke a water appropriation permit, issue an order requiring a violation to be corrected, assess monetary penalties, or otherwise take enforcement action against a water appropriation permit holder if the suspension, revocation, order, penalty, or other enforcement action is based solely on a violation of a permit requirement added to a groundwater appropriation permit within the north and east metro groundwater management area as a result of a court order issued in 2017.

 

(b) The commissioner of natural resources may continue to use all the authorities granted to the commissioner under Minnesota Statutes, section 103G.287, to manage groundwater resources within the north and east groundwater management area.

 

Sec. 102.  GROUNDWATER MANAGEMENT AREA PERMIT REQUIREMENTS.

 

(a) Notwithstanding water appropriation permit requirements added by the commissioner of natural resources as a result of a court order issued in 2017, a public water supplier located in the seven-county metropolitan area within a designated groundwater management area:

 

(1) is not required to revise a water supply plan to include contingency plans to fully or partially convert its water supplies to surface water;

 

(2) may prepare, enact, and enforce commercial or residential irrigation bans or alternative measures that achieve similar water use reductions when notified by the commissioner of natural resources that lake levels have fallen below court-ordered levels; and

 

(3) is not required to use per capita residential water use as a measure for purposes of water use reduction goals, plans, and implementation and may submit water use plans and reports that use a measure other than per capita residential water use.

 

(b) This section expires July 1, 2019.

 

Sec. 103.  1837 CEDED TERRITORY FISHERIES TECHNICAL COMMITTEE.

 

The commissioner of natural resources may invite at least two fish managers as designated by the commissioner to attend all meetings of the 1837 Ceded Territory Fisheries Technical Committee.

 

Sec. 104.  CARBON MONOXIDE EXPOSURE; FISH HOUSES AND ICE SHELTERS; REPORT.

 

The commissioner of natural resources must work with fish house and ice shelter manufacturers and other interested parties to identify best practices to reduce fish house and ice shelter user exposure to carbon monoxide.  The commissioner must increase outreach efforts relating to the dangers of carbon monoxide exposure in fish houses and report recommendations to the chairs of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources policy by January 15, 2019.


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Sec. 105.  NONPOINT PRIORITY FUNDING PLAN; REPORT.

 

The Board of Water and Soil Resources, in cooperation with representatives of state agencies, local governments, tribal governments, private and nonprofit organizations, and others must review the nonpoint priority funding plan under Minnesota Statutes, section 114D.50, subdivision 3a.  By January 31, 2019, the board must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources that contains recommendations to improve the effectiveness of nonpoint priority funding plans to meet the requirements in Minnesota Statutes, section 114D.50, subdivision 3a, the purposes in Minnesota Statutes, section 114D.50, subdivision 3, and the watershed and groundwater restoration and protection goals of Minnesota Statutes, chapters 103B and 114D.

 

Sec. 106.  HILL-ANNEX MINE STATE PARK; MANAGEMENT AND OPERATION.

 

(a) The commissioner of natural resources must operate the Hill-Annex Mine State Park for the purposes it was established through June 30, 2021.  The commissioner must work with the group established under Laws 2017, chapter 93, article 2, section 156, to review park activities and the alternate operating model developed and identify options for sustainable and viable operation of the park site.  The commissioner must submit recommendations 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 by January 15, 2021.

 

(b) The commissioner of natural resources must work with the city of Calumet, other neighboring cities and townships, and other local units of government to identify and coordinate volunteers to supplement the Department of Natural Resources' park operations to the extent allowable under state law and rules.

 

Sec. 107.  DEMOLITION DEBRIS LANDFILLS; PERMITTING; GROUNDWATER EVALUATION.

 

(a) In issuing or reissuing a class I demolition land disposal facility permit, the Minnesota Pollution Control Agency must consider environmental benefits and impacts, social and economic factors, the feasibility and practicability of the permit conditions, and whether the burden of any resulting tax or fee is reasonable, feasible, or practicable.  A permit issued under this section must be in accordance with Minnesota Rules, part 7035.2825, and the Pollution Control Agency's Demolition Landfill Guidance published August 2005.  The Pollution Control Agency must not impose permit conditions on class 1 demolition land disposal facilities, including requirements for enhanced cover and hydrogeologic sampling, analysis, and reporting, that are not contained in current rules or the Demolition Landfill Guidance unless revised rules are adopted reflecting the restrictions on permits required by this paragraph.

 

(b) The Pollution Control Agency must use existing appropriations to contract with an independent laboratory to develop a sampling protocol and to collect, analyze, and evaluate groundwater quality data from demolition debris land disposal facilities under a monitoring program in accordance with the Pollution Control Agency's Demolition Landfill Guidance published August 2005.  Data on groundwater quality must be evaluated in reference to and in accordance with the definition of pollutant under Minnesota Statutes, section 103H.005, subdivision 11, based on the Minnesota Department of Health's adopted health risk limits and health risk values.  In evaluating pollutants, a laboratory must consider whether pollutant concentrations may originate from activities not associated with the permitted demolition debris land disposal facility.  By November 1, 2018, the agency must submit a report of the evaluation to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over environment and natural resources finance.


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Sec. 108.  PUBLIC DRAINAGE DITCH BUFFER STRIP; PLANTING AND MAINTENANCE.

 

With the consent of the property owner where the drainage ditch buffer will be located, a drainage authority, as defined in Minnesota Statutes, section 103E.005, subdivision 9, may plant and maintain 16-1/2-foot ditch buffer strips that meet the width and vegetation requirements of Minnesota Statutes, section 103E.021, before acquiring and compensating for the buffer strip land rights according to Minnesota Statutes, chapter 103E.  Planting and maintenance costs may be paid in accordance with Minnesota Statutes, chapter 103E.  This section expires June 30, 2019.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 109.  WILD RICE; LEGISLATIVE FINDINGS.

 

(a) The legislature finds that naturally occurring wild rice is an ecologically and culturally important aquatic plant resource found in certain waters within the state, which serves as a food source for wildlife and humans.  The legislature further finds that in recognition of the unique importance of this resource, the Pollution Control Agency, in conjunction with Minnesota Indian tribes, has identified and listed, in rule, select wild-rice waters for which the water quality and the aquatic habitat necessary to support the propagation and maintenance of wild rice must not be materially impaired or degraded.  The legislature also finds that identifying and listing additional wild-rice waters based upon their exceptional wild-rice characteristics is an appropriate method of protecting naturally occurring wild rice.

 

(b) The legislature further finds that federal law vests broad authority in the state to define beneficial uses for waters for the state and grants the state the primary responsibility and right to plan the development and use of the state's water resources and to specify appropriate water uses to be achieved and protected.  The legislature also finds that certain waters of the state are used to irrigate wild rice intentionally grown as an agricultural crop, which is an appropriate beneficial use to be achieved and protected and which is the only established beneficial use specifically pertaining to wild rice.  The legislature also finds that Minnesota has a unique numeric water quality standard for sulfate in rule to protect this beneficial use to permit the use of waters for irrigation for the production of wild rice that is based on outdated information and ignores the current scientific understanding of the potential impacts of sulfate on wild rice.

 

(c) The legislature further finds that it is contrary to the public welfare to impose requirements or burdens on regulated parties in Minnesota on the basis of a water quality standard that ignores current science.  The legislature also finds that the water quality standard for sulfate has not been enforced in Minnesota since it was adopted in 1973, that the Pollution Control Agency has not designated in rules any waters subject to the water quality standard for sulfate, and that initiating enforcement of the existing obsolete standard would impose prohibitively expensive burdens on regulated parties with potentially grave economic impacts on Minnesota communities and industry.

 

(d) In recognition of the existence in rule of a water quality standard for sulfate that is not supported by current scientific information, in recognition of the potentially grave consequences that would occur from enforcement of that obsolete standard, and recognizing that the administrative process to repeal the rule has proven to be inefficient and will not provide the regulatory certainty required in a timely manner in the absence of legislative action, the legislature finds that the most effective means to serve the welfare of the state is to enact sections 110 to 115 to eliminate the water quality standard for sulfate, leaving in place sufficient other provisions in law and rule for the protection of naturally occurring wild rice, including but not limited to the listing of additional select wild-rice waters.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 110.  WATER QUALITY STANDARD FOR SULFATE; RULEMAKING.

 

The commissioner of the Pollution Control Agency may not adopt, modify, or proceed with any revisions to the rules pertaining to water quality standards for sulfate for wild-rice waters in Minnesota Rules, part 7050.0224, subpart 2, that were disapproved by the chief administrative law judge on January 11, 2018, without again going through the rulemaking procedures under Minnesota Statutes, sections 14.05 to 14.28, except Minnesota Statutes, section 14.101, does not apply.

 

EFFECTIVE DATE.  This section is effective retroactively from January 11, 2018.

 

Sec. 111.  IDENTIFICATION AND LISTING OF WILD-RICE WATERS.

 

The commissioner of the Pollution Control Agency may evaluate the waters of the state to determine if any additional waters containing naturally occurring wild rice have exceptional wild-rice characteristics.  The commissioner may, by rule, identify and list these waters as [WR] waters where the water quality and the aquatic habitat necessary to support the propagation and maintenance of wild rice must not be materially impaired or degraded.  Before identifying and listing a wild-rice water, the commissioner must establish, in a separate and prior rulemaking, criteria to be used in identifying and listing wild-rice waters.  The criteria must include the following, each of which must be met before a water body can be identified and listed as a wild-rice water:

 

(1) the history of harvesting wild rice;

 

(2) minimum acreage; and

 

(3) minimum density of wild rice.

 

Sec. 112.  APPLICATION OF WATER QUALITY STANDARD FOR SULFATE FOR WILD-RICE WATERS.

 

The commissioner of the Pollution Control Agency must not apply the water quality standard for sulfate for wild-rice waters nullified in this act when issuing, modifying, or renewing national pollutant discharge elimination system or state disposal system permits.  The commissioner of the Pollution Control Agency must take all steps necessary to conform the agency's rules and practices to this act and to ensure that no regulated party is required to take any action or bear any burden arising from the nullified water quality standard for sulfate unless requested by the permittee.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 113.  APPLICATION OF EQUATION-BASED WATER QUALITY STANDARD FOR WILD-RICE WATERS.

 

The commissioner of the Pollution Control Agency must not apply the proposed equation-based sulfate standard rejected by the chief administrative law judge on January 11, 2018, including as a numeric translator to the narrative sulfate standard for wild rice under Minnesota Rules, part 7050.0150, subpart 3, or 7050.0224, subpart 1, when issuing, modifying, or renewing national pollutant discharge elimination system or state disposal system permits.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 114.  APPLICATION OF WATER QUALITY STANDARDS; IRRIGATION.

 

The commissioner of the Pollution Control Agency must not apply a water quality standard established to protect water quality for purposes of permitting the water's use for irrigation without significant damage or adverse effects upon crops or vegetation, including water used for the production of wild rice, unless the water is appropriated for irrigation use.

 

Sec. 115.  NULLIFICATION OF WATER QUALITY STANDARD FOR SULFATE IN WILD-RICE WATERS.

 

(a) Notwithstanding Minnesota Rules, part 7050.0224, subpart 2, there is no numeric, nonnarrative, water quality standard for sulfates in class 4A waters in the state until the commissioner of the Pollution Control Agency adopts a standard in accordance with section 110.

 

(b) That portion of Minnesota Rules, part 7050.0224, subpart 2, that conflicts with paragraph (a) is nullified and does not have the force and effect of law.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 116.  WILD RICE REPORT.

 

(a) The commissioner of natural resources must convene a work group consisting of state, tribal, and public experts familiar with the agronomy and hydrology that supports naturally occurring wild rice.  The work group's purpose is to advise the commissioner in the preparation of a report on wild rice.

 

(b) The commissioner of natural resources must submit a report to the state's tribal governments and the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources by January 15, 2019, that:

 

(1) provides recommendations on actions necessary to preserve and improve the health of existing natural wild rice beds;

 

(2) includes recommendations on monitoring the effectiveness of restoration and protection activities;

 

(3) identifies best management practices for natural wild rice protection and restoration and recommendations for expanding the use of effective best management practices; and

 

(4) identifies areas in which to implement the best management practices.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 5

JOBS AND ENERGY APPROPRIATIONS

 

Section 1.  APPROPRIATIONS

 

The sums shown in the columns under "Appropriations" are added to appropriations in Laws 2017, chapter 94, or other law to the specified agencies.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.  Appropriations for the fiscal year ending June 30, 2018, are effective the day following final enactment.  Reductions may be taken in either fiscal year.


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APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT

 

 

 

 

Subdivision 1.  Total Appropriation

 

$0

 

$20,320,000

 

Appropriations by Fund

 

General

-0-

$19,720,000

Renewable Development

-0-

$600,000

 

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

 

Subd. 2.  Business and Community Development

 

0

 

5,320,000

 

Appropriations by Fund

 

General

-0-

$4,720,000

Renewable Development

-0-

$600,000

 

(a) $50,000 in fiscal year 2019 is for a grant to Advocating Change Together to address barriers to employment for people with disabilities and provide skills training.  This appropriation is available until June 30, 2021.

 

(b) $400,000 in fiscal year 2019 is for a grant to Project Build Minnesota for a statewide public awareness campaign to encourage middle school and high school students to consider careers in the construction industry, with a special emphasis on reaching individuals and groups that are economically disadvantaged or historically underrepresented in the construction industry.  Grant funds must be used to develop educational resources, including a Web site; perform outreach to students, parents, guidance counselors, and others about opportunities in the construction industry; and partner with educational institutions and nonprofits to offer technical training.  This is a onetime appropriation.

 

(c) $1,500,000 in fiscal year 2019 is for a grant to the city of Cambridge for costs associated with relocating and constructing a propane distribution facility and for costs associated with demolition, cleanup and restoration of the existing propane facility.  Eligible costs include:  land acquisition, site preparation and improvements, moving expenses, building construction, rail construction, rail switch construction, demolition, environmental remediation, engineering, and other necessary site improvements.  This is a onetime appropriation and is available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.


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(d) $590,000 in fiscal year 2019 is for grants to centers for independent living under Minnesota Statutes, section 268A.11.  The grant money under this paragraph must be used to hire eight employees to provide services to veterans and to provide veterans with other targeted services.  This is a onetime appropriation and is available until June 30, 2021.

 

(e) $150,000 in fiscal year 2019 is for transfer to the Cook County Higher Education Board to provide educational programming and academic support services to remote regions in northeastern Minnesota.  This is a onetime appropriation.

 

(f) $250,000 in fiscal year 2019 is for a grant to Logistic Specialties, Inc. to create a pilot workforce and development program in the east metropolitan area focused on government contract procurement and targeted to low- and moderate-income communities of color.  Every six months, beginning on December 15, 2019, the commissioner of employment and economic development must submit a brief update on the progress of the pilot project to the chairs and ranking minority members of the legislative committees with jurisdiction over economic development.  A final report on pilot outcomes must be submitted to the chairs and ranking minority members of the legislative committees with jurisdiction over economic development by February 15, 2020.  This is a onetime appropriation and funds are available until June 30, 2020.

 

(g) $500,000 in fiscal year 2019 is for job training grants under Minnesota Statutes, section 116L.42.  This is a onetime appropriation.

 

(h) $250,000 in fiscal year 2019 is for a grant to the Hallie Q. Brown Community Center, Inc., for youth intervention services through the community ambassadors and youth employment program.  This is a onetime appropriation.

 

(i) Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (k), $600,000 in fiscal year 2019 is from the renewable development account in the special revenue fund established in Minnesota Statutes, section 116C.779, subdivision 1, for a grant to the Board of Regents of the University of Minnesota for academic and applied research through MnDRIVE at the Natural Resources Research Institute.  Of this amount, $300,000 is to develop and demonstrate biomass conversion technology for higher value fuels and $300,000 is to develop and demonstrate advanced biogas technologies for clean methane fuels.  Both programs must focus on translation and deployment of technologies developed in partnerships between industry and the University of Minnesota.  This is a onetime appropriation.


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(j) $230,000 in fiscal year 2019 is for a grant to a city of the second class that is designated as an economically depressed area by the United States Department of Commerce.  The grant is for economic development, redevelopment, and job creation programs and projects.  This is a onetime appropriation and is available until June 30, 2021.

 

(k)(1) $300,000 in fiscal year 2019 for a grant to the Minnesota Environmental Science and Economic Review Board (MESERB) to review water quality regulation and national pollutant discharge elimination system permits (NPDES).  This grant is subject to Minnesota Statutes, section 16B.98.  MESERB may select the water quality regulations and permits to be reviewed but must give preference to reviewing any draft NPDES permit that has new effluent limit requirements for a publicly owned wastewater treatment facility outside the seven county metropolitan area.  Any permit review must analyze the technical accuracy of the permit and the impact on both business and residential rates, the water quality benefit of permit compliance, and the anticipated funding for the permittee from federal and state sources.  This is a onetime appropriation and is available until June 30, 2021.

 

(2) Upon completion of the permit review, MESERB must provide a copy of the review to the permittee and the commissioner of the Pollution Control Agency.  MESERB must also submit a report summarizing its findings in each permit review performed in the previous calendar year to the chairs and ranking minority members of the legislative committees with jurisdiction over capital investment, environmental policy and finance, and economic development.

 

(l) $500,000 in fiscal year 2019 is for a grant to Comunidades Latinas Unidas en Servicio (CLUES) to acquire property and to construct, furnish, and equip a new education and technology institute connected to CLUES headquarters in St. Paul to provide education and community gathering space.  This appropriation is available when the commissioner of management and budget determines that sufficient resources have been committed to complete the project, as required by Minnesota Statutes, section 16A.502.  This appropriation is onetime and available until the project is completed or abandoned, subject to Minnesota Statutes, section 16A.642.

 

Subd. 3.  Broadband Development

 

0

 

15,000,000

 

(a) $15,000,000 in fiscal year 2019 is for transfer to the border‑to‑border broadband fund account in the special revenue fund established under Minnesota Statutes, section 116J.396 and may be used for purposes provided in Minnesota Statutes, section 116J.395.  This appropriation is onetime and is available until spent.  Of this appropriation, up to three percent is for costs


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incurred by the commissioner to administer Minnesota Statutes, section 116J.395.  Administrative costs may include the following activities related to measuring progress toward the state's broadband goals established in Minnesota Statutes, section 237.012:

 

(1) collecting broadband deployment data from Minnesota providers, verifying its accuracy through on-the-ground testing, and creating state and county maps available to the public showing the availability of broadband service at various upload and download speeds throughout Minnesota;

 

(2) analyzing the deployment data collected to help inform future investments in broadband infrastructure; and

 

(3) conducting business and residential surveys that measure broadband adoption and use in the state.

 

Data provided by a broadband provider under this subdivision is nonpublic data under Minnesota Statutes, section 13.02, subdivision 9.  Maps produced under this subdivision are public data under Minnesota Statutes, section 13.03.

 

(b) Of the amount appropriated in paragraph (a), $750,000 is for grants to satellite broadband providers under Minnesota Statutes, section 116J.395.

 

Sec. 3.  HOUSING FINANCE AGENCY

 

$0

 

$1,880,000

 

(a) $1,000,000 in fiscal year 2019 is for transfer to the housing development fund for the programs in Minnesota Statutes, sections 462A.201, subdivision 2, paragraph (a), clause (4), and 462A.204, subdivision 8.  The agency may allocate this appropriation as necessary to these two programs to facilitate the Homework Starts with Home program.  This is a onetime appropriation.

 

(b) $500,000 in fiscal year 2019 is for park infrastructure grants under Minnesota Statutes, section 462A.2035, subdivision 1b.  This is a onetime appropriation.

 

(c) $380,000 in fiscal year 2019 is for grants to organizations to provide lead risk assessments by a lead inspector or a lead risk assessor licensed by the commissioner pursuant to Minnesota Statutes, section 144.9505, to test residential units for the presence of lead hazards.  Grant programs receiving funding under this section must provide funding for lead risk assessments for properties built before 1978 to:

 

(1) landlords of residential buildings for testing on units where the tenant's income does not exceed 60 percent of area median income; or


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(2) tenants with an income that does not exceed 60 percent of area median income.

 

The commissioner shall award grant funding to target grant resources to landlords and tenants where there are high concentrations of lead poisoning in children based on the information provided from the commissioner of health.  Up to ten percent of the grant may be used to administer the grant and provide education and outreach about lead health hazards.  This is a onetime appropriation.

 

Sec. 4.  DEPARTMENT OF COMMERCE

 

$0

 

$7,100,000

 

This appropriation is from the renewable development fund.

 

(a) Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (k), $3,000,000 in fiscal year 2019 is from the renewable development account in the special revenue fund under Minnesota Statutes, section 116C.779, subdivision 1, for the local government emerald ash borer removal grant program under Minnesota Statutes, section 216C.437.  This appropriation is onetime and available until June 30, 2021.

 

(b)(1) $1,000,000 in fiscal year 2019 is from the renewable development account in the special revenue fund under Minnesota Statutes, section 116C.779, subdivision 1, to fund grants for demonstration projects that assess the technical and economic effectiveness of deploying energy storage systems to restore electrical energy to critical health care facilities following electrical outages due to storms or other catastrophic events.  This is a onetime appropriation.

 

(2) The commissioner of commerce shall endeavor to make grant awards under this section for projects at critical health care facilities located in all regions of the state.

 

(3) For the purposes of this paragraph, "energy storage system" means a commercially available technology capable of (i) absorbing and storing electrical energy, and (ii) dispatching sorted electrical energy for use at a later time.

 

(c) $1,100,000 in fiscal year 2019 is from the renewable development account in the special revenue fund under Minnesota Statutes, section 116C.779, subdivision 1, for the residential biomass heating system grant program under Minnesota Statutes, section 216C.419.  This is a onetime appropriation and available until June 30, 2020.

 

(d) Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (k), $2,000,000 in fiscal year 2019 is appropriated from the renewable development account in the


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special revenue fund established in Minnesota Statutes, section 116C.779, subdivision 1, to the commissioner for a grant to the public utility that owns the Prairie Island nuclear generation plant, for the following purposes:

 

(1) $1,000,000 is to conduct a study to determine the most rapid, safe, and economical methods to remove spent nuclear fuel from the independent spent fuel storage installations at the Prairie Island and Monticello nuclear electric generating plants, including, but not limited to, an evaluation of alternative modes of transport, possible routes, and infrastructure needs; and

 

(2) $1,000,000 is to support the preparation of applications by independent private parties seeking a license from the Nuclear Regulatory Commission to establish a consolidated interim storage facility that could store spent nuclear fuel currently stored at the independent spent fuel storage installations at the Monticello and Prairie Island nuclear electric generating plants.

 

By July 15, 2019, the public utility that owns the Prairie Island nuclear electric generating plant must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over electric utilities and to the commissioner describing the activities on which funds have been expended under this paragraph, the results or progress of any study or initiative, and future planned uses of the funds.  The public utility must submit updated reports to the same persons each succeeding July 15 until all funds have been expended or unexpended funds have been returned to the account.  Any funds not expended at the time of the final report must be returned to the account.  This is a onetime appropriation.

 

Sec. 5.  PUBLIC FACILITIES AUTHORITY

 

$0

 

$3,550,000

 

(a) $750,000 in fiscal year 2019 is for a grant to the city of Deer River to predesign, design, engineer, and construct a stabilization pond and to predesign, design, construct, and install the replacement and expansion of storm sewer lines, sanitary sewer lines, and water lines in the city of Deer River.  This appropriation is available when the commissioner of management and budget determines that resources sufficient to complete the project are committed to the project, as required in Minnesota Statutes, section 16A.502.  This is a onetime appropriation and is available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.

 

(b) $600,000 in fiscal year 2019 is for a grant to the Alexandria Lake Area Sanitary District for lake management activities, including but not limited to alum treatment in Lake Agnes, carp removal in Lake Winona, and related management and reassessment measures that are intended to achieve and maintain


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compliance with water quality standards for phosphorus and the total maximum daily load for Lake Winona.  This is a onetime appropriation and is available until June 30, 2021.

 

(c) $1,100,000 in fiscal year 2019 is for a grant to the city of Cold Spring to acquire land, predesign, design, engineer, construct, furnish, and equip water infrastructure, including drilling new wells, a water treatment plant, and piping for water distribution.  This is a onetime appropriation and is available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.

 

(d) $1,100,000 in fiscal year 2019 is for a grant to the Big Lake Area Sanitary District to construct a pressure sewer system and force main to convey sewage to the Western Lake Superior Sanitary District connection in the city of Cloquet.  This is a onetime appropriation and is available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.

 

Sec. 6.  Laws 2017, chapter 94, article 1, section 2, subdivision 2, as amended by Laws 2017, First Special Session chapter 7, section 2, is amended to read:

 

Subd. 2.  Business and Community Development

 

$46,074,000

 

$40,935,000 30,585,000

 

Appropriations by Fund

 

General

$43,363,000

$38,424,000 $28,074,000

Remediation

$700,000

$700,000

Workforce Development

$1,861,000

$1,811,000

Special Revenue

$150,000

-0-

 

(a) $4,195,000 each year is for the Minnesota job skills partnership program under Minnesota Statutes, sections 116L.01 to 116L.17.  If the appropriation for either year is insufficient, the appropriation for the other year is available.  This appropriation is available until spent.

 

(b) $750,000 each year is for grants to the Neighborhood Development Center for small business programs:

 

(1) training, lending, and business services;

 

(2) model outreach and training in greater Minnesota; and

 

(3) development of new business incubators.

 

This is a onetime appropriation.


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(c) $1,175,000 each year is for a grant to the Metropolitan Economic Development Association (MEDA) for statewide business development and assistance services, including services to entrepreneurs with businesses that have the potential to create job opportunities for unemployed and underemployed people, with an emphasis on minority-owned businesses.  This is a onetime appropriation.

 

(d) $125,000 each year is for a grant to the White Earth Nation for the White Earth Nation Integrated Business Development System to provide business assistance with workforce development, outreach, technical assistance, infrastructure and operational support, financing, and other business development activities.  This is a onetime appropriation.

 

(e)(1) $12,500,000 each year is in fiscal year 2018 and $7,500,000 in fiscal year 2019 are for the Minnesota investment fund under Minnesota Statutes, section 116J.8731.  Of this amount, the commissioner of employment and economic development may use up to three percent for administration and monitoring of the program.  This appropriation is available until spent.  In fiscal year 2020, the base amount is $12,500,000.  For fiscal year 2021 and beyond, the base amount is $9,500,000.

 

(2) Of the amount appropriated in fiscal year 2018, $4,000,000 is for a loan to construct and equip a wholesale electronic component distribution center investing a minimum of $200,000,000 and constructing a facility at least 700,000 square feet in size.  Loan funds may be used for purchases of materials, supplies, and equipment for the construction of the facility and are available from July 1, 2017, to June 30, 2021.  The commissioner of employment and economic development shall forgive the loan after verification that the project has satisfied performance goals and contractual obligations as required under Minnesota Statutes, section 116J.8731.

 

(3) Of the amount appropriated in fiscal year 2018, $700,000 is for a loan to extend an effluent pipe that will deliver reclaimed water to an innovative waste-to-biofuel project investing a minimum of $150,000,000 and constructing a facility that is designed to process approximately 400,000 tons of waste annually.  Loan funds are available until June 30, 2021.

 

(4) Of the amount appropriated in fiscal year 2019, $2,000,000 is for one or more grants to Florence Township in Goodhue County to predesign, design, engineer, construct, and install infrastructure for storm water protection, wells, roads, public safety, and power access in southeastern Minnesota, in partnership with a tribal government and a nonprofit organization, to enable future economic development and increase economic activity in southeastern Minnesota.  The grant recipient must provide a


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nonstate contribution in an amount at least equal to the grant.  This portion of the appropriation is available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.

 

(5) Of the amount appropriated in fiscal year 2019, $500,000 is for a grant to Mille Lacs County to provide loans as described in Minnesota Statutes, section 116J.8731, for eligible projects located within one of the follow municipalities surrounding Lake Mille Lacs:

 

(i) in Crow Wing County, the city of Garrison, township of Garrison, or township of Roosevelt;

 

(ii) in Aitkin County, the township of Hazelton, township of Wealthwood, township of Malmo, or township of Lakeside; or

 

(iii) in Mille Lacs County, the city of Isle, city of Wahkon, city of Onamia, township of East Side, township of Isle Harbor, township of South Harbor, or township of Kathio.

 

(6) Of the amount appropriated in fiscal year 2019, $500,000 is for a grant to the city of Minnetonka for a high-risk, high-return jobs retention and creation initiative to be conducted by a local organization that produces lactic acid/lactate, to help grow and expand the bioeconomy in Minnesota.  The grant under this clause is not subject to the limitations under Minnesota Statutes, section 116J.8731, subdivision 5, or the performance goals and contractual obligations under Minnesota Statutes, section 116J.8731, subdivision 7.

 

(7) Of the amount appropriated in fiscal year 2019, $500,000 is for a loan to a paper mill in Duluth to support the operation and manufacture of packaging paper grades.  The company that owns the paper mill must spend $15,000,000 on expansion activities by December 31, 2019, in order to be eligible to receive funds under this appropriation.  Appropriation funds may be used for the mill's equipment, materials, supplies, and other operating expenses.  The commissioner of employment and economic development shall forgive a portion of the loan each year after verification that the mill has retained 195 full-time jobs over a period of five years and has satisfied other performance goals and contractual obligations as required under Minnesota Statutes, section 116J.8731.

 

(f) $8,500,000 each year is in fiscal year 2018 and $1,500,000 in fiscal year 2019 are for the Minnesota job creation fund under Minnesota Statutes, section 116J.8748.  Of this amount, the commissioner of employment and economic development may use up to three percent for administrative expenses.  This appropriation is available until expended.  In fiscal year 2020 and beyond, the base amount is $8,000,000.  In fiscal year 2021 and beyond, the base amount is $5,000,000.


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(g) $1,647,000 each year is for contaminated site cleanup and development grants under Minnesota Statutes, sections 116J.551 to 116J.558.  This appropriation is available until spent.  In fiscal year 2020 and beyond, the base amount is $1,772,000.

 

(h) $12,000 each year is for a grant to the Upper Minnesota Film Office.

 

(i) $163,000 each year is for the Minnesota Film and TV Board.  The appropriation in each year is available only upon receipt by the board of $1 in matching contributions of money or in-kind contributions from nonstate sources for every $3 provided by this appropriation, except that each year up to $50,000 is available on July 1 even if the required matching contribution has not been received by that date.

 

(j) $500,000 each year is from the general fund for a grant to the Minnesota Film and TV Board for the film production jobs program under Minnesota Statutes, section 116U.26.  This appropriation is available until June 30, 2021.

 

(k) $139,000 each year is for a grant to the Rural Policy and Development Center under Minnesota Statutes, section 116J.421.

 

(l)(1) $1,300,000 each year is in fiscal year 2018 and $2,200,000 in fiscal year 2019 are for the greater Minnesota business development public infrastructure grant program under Minnesota Statutes, section 116J.431.  This appropriation is available until spent.  If the appropriation for either year is insufficient, the appropriation for the other year is available.  In fiscal year 2020 and beyond, the base amount is $1,787,000.  Funds available under this paragraph may be used for site preparation of property owned and to be used by private entities.

 

(2) Of the amounts appropriated, $1,600,000 in fiscal year 2018 is for a grant to the city of Thief River Falls to support utility extensions, roads, and other public improvements related to the construction of a wholesale electronic component distribution center at least 700,000 square feet in size and investing a minimum of $200,000,000.  Notwithstanding Minnesota Statutes, section 116J.431, a local match is not required.  Grant funds are available from July 1, 2017, to June 30, 2021.

 

(m) $876,000 the first year and $500,000 the second year are for the Minnesota emerging entrepreneur loan program under Minnesota Statutes, section 116M.18.  Funds available under this paragraph are for transfer into the emerging entrepreneur program special revenue fund account created under Minnesota Statutes, chapter 116M, and are available until spent.  Of this amount, up to four percent is for administration and monitoring of the program.  In fiscal year 2020 and beyond, the base amount is $1,000,000.


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(n) $875,000 each year is for a grant to Enterprise Minnesota, Inc. for the small business growth acceleration program under Minnesota Statutes, section 116O.115.  This is a onetime appropriation.

 

(o) $250,000 in fiscal year 2018 is for a grant to the Minnesota Design Center at the University of Minnesota for the greater Minnesota community design pilot project.

 

(p) $275,000 in fiscal year 2018 is from the general fund to the commissioner of employment and economic development for a grant to Community and Economic Development Associates (CEDA) for an economic development study and analysis of the effects of current and projected economic growth in southeast Minnesota.  CEDA shall report on the findings and recommendations of the study to the committees of the house of representatives and senate with jurisdiction over economic development and workforce issues by February 15, 2019.  All results and information gathered from the study shall be made available for use by cities in southeast Minnesota by March 15, 2019.  This appropriation is available until June 30, 2020.

 

(q) $2,000,000 in fiscal year 2018 is for a grant to Pillsbury United Communities for construction and renovation of a building in north Minneapolis for use as the "North Market" grocery store and wellness center, focused on offering healthy food, increasing health care access, and providing job creation and economic opportunities in one place for children and families living in the area.  To the extent possible, Pillsbury United Communities shall employ individuals who reside within a five mile radius of the grocery store and wellness center.  This appropriation is not available until at least an equal amount of money is committed from nonstate sources.  This appropriation is available until the project is completed or abandoned, subject to Minnesota Statutes, section 16A.642.

 

(r) $1,425,000 each year is for the business development competitive grant program.  Of this amount, up to five percent is for administration and monitoring of the business development competitive grant program.  All grant awards shall be for two consecutive years.  Grants shall be awarded in the first year.

 

(s) $875,000 each year is for the host community economic development grant program established in Minnesota Statutes, section 116J.548.

 

(t) $700,000 each year is from the remediation fund for contaminated site cleanup and development grants under Minnesota Statutes, sections 116J.551 to 116J.558.  This appropriation is available until spent.


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(u) $161,000 each year is from the workforce development fund for a grant to the Rural Policy and Development Center.  This is a onetime appropriation.

 

(v) $300,000 each year is from the workforce development fund for a grant to Enterprise Minnesota, Inc. This is a onetime appropriation.

 

(w) $50,000 in fiscal year 2018 is from the workforce development fund for a grant to Fighting Chance for behavioral intervention programs for at-risk youth.

 

(x) $1,350,000 each year is from the workforce development fund for job training grants under Minnesota Statutes, section 116L.42.

 

(y)(1) $519,000 in fiscal year 2018 is and $750,000 in fiscal year 2019 are for grants to local communities to increase the supply of quality child care providers in order to support economic development.  At least 60 percent of grant funds must go to communities located outside of the seven-county metropolitan area, as defined under Minnesota Statutes, section 473.121, subdivision 2.  Grant recipients must obtain a 50 percent nonstate match to grant funds in either cash or in-kind contributions.  Grant funds available under this paragraph must be used to implement solutions to reduce the child care shortage in the state including but not limited to funding for child care business start-ups or expansions, training, facility modifications or improvements required for licensing, and assistance with licensing and other regulatory requirements.  In awarding grants, the commissioner must give priority to communities that have documented a shortage of child care providers in the area.  For fiscal year 2019, each grant recipient must target at least one-half of the recipient's grant funding to child care providers who have not previously received funding under this program.  The base amount in fiscal year 2020 and beyond is $0.

 

(2) Within one year of receiving grant funds, grant recipients must report to the commissioner on the outcomes of the grant program including but not limited to the number of new providers, the number of additional child care provider jobs created, the number of additional child care slots, and the amount of local funds invested.

 

(3) By January 1 of each year, starting in 2019, the commissioner must report to the standing committees of the legislature having jurisdiction over child care and economic development on the outcomes of the program to date.

 

(z) $319,000 in fiscal year 2018 is from the general fund for a grant to the East Phillips Improvement Coalition to create the East Phillips Neighborhood Institute (EPNI) to expand culturally


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tailored resources that address small business growth and create green jobs.  The grant shall fund the collaborative work of Tamales y Bicicletas, Little Earth of the United Tribes, a nonprofit serving East Africans, and other coalition members towards developing EPNI as a community space to host activities including, but not limited to, creation and expansion of small businesses, culturally specific entrepreneurial activities, indoor urban farming, job training, education, and skills development for residents of this low-income, environmental justice designated neighborhood.  Eligible uses for grant funds include, but are not limited to, planning and start-up costs, staff and consultant costs, building improvements, rent, supplies, utilities, vehicles, marketing, and program activities.  The commissioner shall submit a report on grant activities and quantifiable outcomes to the committees of the house of representatives and the senate with jurisdiction over economic development by December 15, 2020.  This appropriation is available until June 30, 2020.

 

(aa) $150,000 the first year is from the renewable development account in the special revenue fund established in Minnesota Statutes, section 116C.779, subdivision 1, to conduct the biomass facility closure economic impact study.

 

(bb)(1)$300,000 in fiscal year 2018 is for a grant to East Side Enterprise Center (ESEC) to expand culturally tailored resources that address small business growth and job creation.  This appropriation is available until June 30, 2020.  The appropriation shall fund the work of African Economic Development Solutions, the Asian Economic Development Association, the Dayton's Bluff Community Council, and the Latino Economic Development Center in a collaborative approach to economic development that is effective with smaller, culturally diverse communities that seek to increase the productivity and success of new immigrant and minority populations living and working in the community.  Programs shall provide minority business growth and capacity building that generate wealth and jobs creation for local residents and business owners on the East Side of St. Paul.

 

(2) In fiscal year 2019 ESEC shall use funds to share its integrated service model and evolving collaboration principles with civic and economic development leaders in greater Minnesota communities which have diverse populations similar to the East Side of St. Paul.  ESEC shall submit a report of activities and program outcomes, including quantifiable measures of success annually to the house of representatives and senate committees with jurisdiction over economic development.

 

(cc) $150,000 in fiscal year 2018 is for a grant to Mille Lacs County for the purpose of reimbursement grants to small resort businesses located in the city of Isle with less than $350,000 in annual revenue, at least four rental units, which are open during both summer and winter months, and whose business was adversely impacted by a decline in walleye fishing on Lake Mille Lacs.


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(dd)(1) $250,000 in fiscal year 2018 is for a grant to the Small Business Development Center hosted at Minnesota State University, Mankato, for a collaborative initiative with the Regional Center for Entrepreneurial Facilitation.  Funds available under this section must be used to provide entrepreneur and small business development direct professional business assistance services in the following counties in Minnesota:  Blue Earth, Brown, Faribault, Le Sueur, Martin, Nicollet, Sibley, Watonwan, and Waseca.  For the purposes of this section, "direct professional business assistance services" must include, but is not limited to, pre-venture assistance for individuals considering starting a business.  This appropriation is not available until the commissioner determines that an equal amount is committed from nonstate sources.  Any balance in the first year does not cancel and is available for expenditure in the second year.

 

(2) Grant recipients shall report to the commissioner by February 1 of each year and include information on the number of customers served in each county; the number of businesses started, stabilized, or expanded; the number of jobs created and retained; and business success rates in each county.  By April 1 of each year, the commissioner shall report the information submitted by grant recipients to the chairs of the standing committees of the house of representatives and the senate having jurisdiction over economic development issues.

 

(ee) $500,000 in fiscal year 2018 is for the central Minnesota opportunity grant program established under Minnesota Statutes, section 116J.9922.  This appropriation is available until June 30, 2022.

 

(ff) $25,000 each year is for the administration of state aid for the Destination Medical Center under Minnesota Statutes, sections 469.40 to 469.47.

 

Sec. 7.  Laws 2017, chapter 94, article 1, section 2, subdivision 3, is amended to read:

 

Subd. 3.  Workforce Development

 

$31,498,000

 

$30,231,000

 

Appropriations by Fund

 

General

$6,239,000

$5,889,000

Workforce Development

$25,259,000

$24,342,000

 

(a) $500,000 each year is for the youth-at-work competitive grant program under Minnesota Statutes, section 116L.562.  Of this amount, up to five percent is for administration and monitoring of the youth workforce development competitive grant program.  All grant awards shall be for two consecutive years.  Grants shall be awarded in the first year.  In fiscal year 2020 and beyond, the base amount is $750,000.


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(b) $250,000 each year is for pilot programs in the workforce service areas to combine career and higher education advising.

 

(c) $500,000 each year is for rural career counseling coordinator positions in the workforce service areas and for the purposes specified in Minnesota Statutes, section 116L.667.  The commissioner of employment and economic development, in consultation with local workforce investment boards and local elected officials in each of the service areas receiving funds, shall develop a method of distributing funds to provide equitable services across workforce service areas.

 

(d) $1,000,000 each year is for a grant to the Construction Careers Foundation for the construction career pathway initiative to provide year-round educational and experiential learning opportunities for teens and young adults under the age of 21 that lead to careers in the construction industry.  This is a onetime appropriation.  Grant funds must be used to:

 

(1) increase construction industry exposure activities for middle school and high school youth, parents, and counselors to reach a more diverse demographic and broader statewide audience.  This requirement includes, but is not limited to, an expansion of programs to provide experience in different crafts to youth and young adults throughout the state;

 

(2) increase the number of high schools in Minnesota offering construction classes during the academic year that utilize a multicraft curriculum;

 

(3) increase the number of summer internship opportunities;

 

(4) enhance activities to support graduating seniors in their efforts to obtain employment in the construction industry;

 

(5) increase the number of young adults employed in the construction industry and ensure that they reflect Minnesota's diverse workforce; and

 

(6) enhance an industrywide marketing campaign targeted to youth and young adults about the depth and breadth of careers within the construction industry.

 

Programs and services supported by grant funds must give priority to individuals and groups that are economically disadvantaged or historically underrepresented in the construction industry, including but not limited to women, veterans, and members of minority and immigrant groups.


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(e) $1,539,000 each year from the general fund and $4,604,000 each year from the workforce development fund are for the Pathways to Prosperity adult workforce development competitive grant program.  Of this amount, up to four percent is for administration and monitoring of the program.  When awarding grants under this paragraph, the commissioner of employment and economic development may give preference to any previous grantee with demonstrated success in job training and placement for hard-to-train individuals.  In fiscal year 2020 and beyond, the general fund base amount for this program is $4,039,000.

 

(f) $750,000 each year is for a competitive grant program to provide grants to organizations that provide support services for individuals, such as job training, employment preparation, internships, job assistance to fathers, financial literacy, academic and behavioral interventions for low-performing students, and youth intervention.  Grants made under this section must focus on low-income communities, young adults from families with a history of intergenerational poverty, and communities of color.  Of this amount, up to four percent is for administration and monitoring of the program.  In fiscal year 2020 and beyond, the base amount is $1,000,000.

 

(g) $500,000 each year is for the women and high-wage, high‑demand, nontraditional jobs grant program under Minnesota Statutes, section 116L.99.  Of this amount, up to five percent is for administration and monitoring of the program.  In fiscal year 2020 and beyond, the base amount is $750,000.

 

(h) $500,000 each year is for a competitive grant program for grants to organizations providing services to relieve economic disparities in the Southeast Asian community through workforce recruitment, development, job creation, assistance of smaller organizations to increase capacity, and outreach.  Of this amount, up to five percent is for administration and monitoring of the program.  In fiscal year 2020 and beyond, the base amount is $1,000,000.

 

(i) $250,000 each year is for a grant to the American Indian Opportunities and Industrialization Center, in collaboration with the Northwest Indian Community Development Center, to reduce academic disparities for American Indian students and adults.  This is a onetime appropriation.  The grant funds may be used to provide:

 

(1) student tutoring and testing support services;

 

(2) training in information technology;

 

(3) assistance in obtaining a GED;


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(4) remedial training leading to enrollment in a postsecondary higher education institution;

 

(5) real-time work experience in information technology fields; and

 

(6) contextualized adult basic education.

 

After notification to the legislature, the commissioner may transfer this appropriation to the commissioner of education.

 

(j) $100,000 each year is for the getting to work grant program.  This is a onetime appropriation and is available until June 30, 2021.

 

(k) $525,000 each year is from the workforce development fund for a grant to the YWCA of Minneapolis to provide economically challenged individuals the job skills training, career counseling, and job placement assistance necessary to secure a child development associate credential and to have a career path in early childhood education.  This is a onetime appropriation.

 

(l) $1,350,000 each year is from the workforce development fund for a grant to the Minnesota High Tech Association to support SciTechsperience, a program that supports science, technology, engineering, and math (STEM) internship opportunities for two‑ and four-year college students and graduate students in their field of study.  The internship opportunities must match students with paid internships within STEM disciplines at small, for-profit companies located in Minnesota, having fewer than 250 employees worldwide.  At least 300 students must be matched in the first year and at least 350 students must be matched in the second year.  No more than 15 percent of the hires may be graduate students.  Selected hiring companies shall receive from the grant 50 percent of the wages paid to the intern, capped at $2,500 per intern.  The program must work toward increasing the participation of women or other underserved populations.  This is a onetime appropriation.

 

(m) $450,000 each year is from the workforce development fund for grants to Minnesota Diversified Industries, Inc. to provide progressive development and employment opportunities for people with disabilities.  This is a onetime appropriation.

 

(n) $500,000 each year is from the workforce development fund for a grant to Resource, Inc. to provide low-income individuals career education and job skills training that are fully integrated with chemical and mental health services.  This is a onetime appropriation.

 

(o) $750,000 each year is from the workforce development fund for a grant to the Minnesota Alliance of Boys and Girls Clubs to administer a statewide project of youth job skills and career


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development.  This project, which may have career guidance components including health and life skills, is designed to encourage, train, and assist youth in early access to education and job-seeking skills, work-based learning experience including career pathways in STEM learning, career exploration and matching, and first job placement through local community partnerships and on-site job opportunities.  This grant requires a 25 percent match from nonstate resources.  This is a onetime appropriation.

 

(p) $215,000 each year is from the workforce development fund for grants to Big Brothers, Big Sisters of the Greater Twin Cities for workforce readiness, employment exploration, and skills development for youth ages 12 to 21.  The grant must serve youth in the Twin Cities, Central Minnesota, and Southern Minnesota Big Brothers, Big Sisters chapters.  This is a onetime appropriation.

 

(q) $250,000 each year is from the workforce development fund for a grant to YWCA St. Paul to provide job training services and workforce development programs and services, including job skills training and counseling.  This is a onetime appropriation.

 

(r) $1,000,000 each year is from the workforce development fund for a grant to EMERGE Community Development, in collaboration with community partners, for services targeting Minnesota communities with the highest concentrations of African and African-American joblessness, based on the most recent census tract data, to provide employment readiness training, credentialed training placement, job placement and retention services, supportive services for hard-to-employ individuals, and a general education development fast track and adult diploma program.  This is a onetime appropriation.

 

(s) $1,000,000 each year is from the workforce development fund for a grant to the Minneapolis Foundation for a strategic intervention program designed to target and connect program participants to meaningful, sustainable living-wage employment.  This is a onetime appropriation.

 

(t) $750,000 each year is from the workforce development fund for a grant to Latino Communities United in Service (CLUES) to expand culturally tailored programs that address employment and education skill gaps for working parents and underserved youth by providing new job skills training to stimulate higher wages for low-income people, family support systems designed to reduce intergenerational poverty, and youth programming to promote educational advancement and career pathways.  At least 50 percent of this amount must be used for programming targeted at greater Minnesota.  This is a onetime appropriation.


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(u) $600,000 each year is from the workforce development fund for a grant to Ujamaa Place for job training, employment preparation, internships, education, training in the construction trades, housing, and organizational capacity building.  This is a onetime appropriation.

 

(v) $1,297,000 in the first year and $800,000 in the second year are from the workforce development fund for performance grants under Minnesota Statutes, section 116J.8747, to Twin Cities R!SE to provide training to hard-to-train individuals.  Of the amounts appropriated, $497,000 in fiscal year 2018 is for a grant to Twin Cities R!SE, in collaboration with Metro Transit and Hennepin Technical College for the Metro Transit technician training program.  This is a onetime appropriation and funds are available until June 30, 2020.

 

(w) $230,000 in fiscal year 2018 is from the workforce development fund for a grant to the Bois Forte Tribal Employment Rights Office (TERO) for an American Indian workforce development training pilot project.  This is a onetime appropriation and is available until June 30, 2019.  Funds appropriated the first year are available for use in the second year of the biennium.

 

(x) $40,000 in fiscal year 2018 is from the workforce development fund for a grant to the Cook County Higher Education Board to provide educational programming and academic support services to remote regions in northeastern Minnesota.  This appropriation is in addition to other funds previously appropriated to the board.

 

(y) $250,000 each year is from the workforce development fund for a grant to Bridges to Healthcare to provide career education, wraparound support services, and job skills training in high‑demand health care fields to low-income parents, nonnative speakers of English, and other hard-to-train individuals, helping families build secure pathways out of poverty while also addressing worker shortages in one of Minnesota's most innovative industries.  Funds may be used for program expenses, including, but not limited to, hiring instructors and navigators; space rental; and supportive services to help participants attend classes, including assistance with course fees, child care, transportation, and safe and stable housing.  In addition, up to five percent of grant funds may be used for Bridges to Healthcare's administrative costs.  This is a onetime appropriation and is available until June  30, 2020.

 

(z) $500,000 each year is from the workforce development fund for a grant to the Nonprofits Assistance Fund to provide capacity‑building grants to small, culturally specific organizations that primarily serve historically underserved cultural communities.  Grants may only be awarded to nonprofit organizations that have an annual organizational budget of less than $500,000 and are


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culturally specific organizations that primarily serve historically underserved cultural communities.  Grant funds awarded must be used for:

 

(1) organizational infrastructure improvement, including developing database management systems and financial systems, or other administrative needs that increase the organization's ability to access new funding sources;

 

(2) organizational workforce development, including hiring culturally competent staff, training and skills development, and other methods of increasing staff capacity; or

 

(3) creation or expansion of partnerships with existing organizations that have specialized expertise in order to increase the capacity of the grantee organization to improve services for the community.  Of this amount, up to five percent may be used by the Nonprofits Assistance Fund for administration costs and providing technical assistance to potential grantees.  This is a onetime appropriation.

 

(aa) $4,050,000 each year is from the workforce development fund for the Minnesota youth program under Minnesota Statutes, sections 116L.56 and 116L.561.

 

(bb) $1,000,000 each year is from the workforce development fund for the youthbuild program under Minnesota Statutes, sections 116L.361 to 116L.366.

 

(cc) $3,348,000 each year is from the workforce development fund for the "Youth at Work" youth workforce development competitive grant program.  Of this amount, up to five percent is for administration and monitoring of the youth workforce development competitive grant program.  All grant awards shall be for two consecutive years.  Grants shall be awarded in the first year.

 

(dd) $500,000 each year is from the workforce development fund for the Opportunities Industrialization Center programs.

 

(ee) $750,000 each year is from the workforce development fund for a grant to Summit Academy OIC to expand its contextualized GED and employment placement program.  This is a onetime appropriation.

 

(ff) $500,000 each year is from the workforce development fund for a grant to Goodwill-Easter Seals Minnesota and its partners.  The grant shall be used to continue the FATHER Project in Rochester, Park Rapids, St. Cloud, Minneapolis, and the surrounding areas to assist fathers in overcoming barriers that prevent fathers from supporting their children economically and emotionally.  This is a onetime appropriation.


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(gg) $150,000 each year is from the workforce development fund for displaced homemaker programs under Minnesota Statutes, section 116L.96.  The commissioner shall distribute the funds to existing nonprofit and state displaced homemaker programs.  This is a onetime appropriation.

 

(hh)(1) $150,000 in fiscal year 2018 is from the workforce development fund for a grant to Anoka County to develop and implement a pilot program to increase competitive employment opportunities for transition-age youth ages 18 to 21.

 

(2) The competitive employment for transition-age youth pilot program shall include career guidance components, including health and life skills, to encourage, train, and assist transition-age youth in job-seeking skills, workplace orientation, and job site knowledge.

 

(3) In operating the pilot program, Anoka County shall collaborate with schools, disability providers, jobs and training organizations, vocational rehabilitation providers, and employers to build upon opportunities and services, to prepare transition-age youth for competitive employment, and to enhance employer connections that lead to employment for the individuals served.

 

(4) Grant funds may be used to create an on-the-job training incentive to encourage employers to hire and train qualifying individuals.  A participating employer may receive up to 50 percent of the wages paid to the employee as a cost reimbursement for on‑the-job training provided.

 

(ii) $500,000 each year is from the workforce development fund for rural career counseling coordinator positions in the workforce service areas and for the purposes specified in Minnesota Statutes, section 116L.667.  The commissioner of employment and economic development, in consultation with local workforce investment boards and local elected officials in each of the service areas receiving funds, shall develop a method of distributing funds to provide equitable services across workforce service areas.

 

(jj) In calendar year 2017, the public utility subject to Minnesota Statutes, section 116C.779, must withhold $1,000,000 from the funds required to fulfill its financial commitments under Minnesota Statutes, section 116C.779, subdivision 1, and pay such amounts to the commissioner of employment and economic development for deposit in the Minnesota 21st century fund under Minnesota Statutes, section 116J.423.

 

(kk) $350,000 in fiscal year 2018 is for a grant to AccessAbility Incorporated to provide job skills training to individuals who have been released from incarceration for a felony-level offense and are


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no more than 12 months from the date of release.  AccessAbility Incorporated shall annually report to the commissioner on how the money was spent and the results achieved.  The report must include, at a minimum, information and data about the number of participants; participant homelessness, employment, recidivism, and child support compliance; and training provided to program participants.

 

Sec. 8.  Laws 2017, chapter 94, article 1, section 4, subdivision 3, is amended to read:

 

Subd. 3.  Labor Standards and Apprenticeship

 

3,645,000

 

3,668,000 3,868,000

 

Appropriations by Fund

 

General

1,776,000

1,790,000 1,990,000

Workforce Development

1,869,000

1,878,000

 

(a) $500,000 each year is from the general fund in fiscal year 2018 and $700,000 in fiscal year 2019 are for wage theft prevention under the division of labor standards.

 

(b) $100,000 each year is from the workforce development fund for labor education and advancement program grants under Minnesota Statutes, section 178.11, to expand and promote registered apprenticeship training for minorities and women.

 

(c) $300,000 each year is from the workforce development fund for the PIPELINE program.

 

(d) $200,000 each year is from the workforce development fund for grants to the Construction Careers Foundation for the Helmets to Hardhats Minnesota initiative.  Grant funds must be used to recruit, retain, assist, and support National Guard, reserve, and active duty military members' and veterans' participation into apprenticeship programs registered with the Department of Labor and Industry and connect them with career training and employment in the building and construction industry.  The recruitment, selection, employment, and training must be without discrimination due to race, color, creed, religion, national origin, sex, sexual orientation, marital status, physical or mental disability, receipt of public assistance, or age.  This is a onetime appropriation.

 

(e) $1,029,000 each year is from the workforce development fund for the apprenticeship program under Minnesota Statutes, chapter 178.

 

(f) $150,000 each year is from the workforce development fund for prevailing wage enforcement.


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Sec. 9.  Laws 2017, chapter 94, article 1, section 4, subdivision 5, is amended to read:

 

Subd. 5.  General Support

 

6,239,000

 

6,539,000

 

Appropriations by Fund

 

Workforce Development Fund

200,000

500,000

Workers' Compensation

6,039,000

6,039,000

 

(a) Except as provided in paragraphs (b) and (c), this appropriation is from the workers' compensation fund.

 

(b) $200,000 in fiscal year 2018 is from the workforce development fund for the commissioner of labor and industry to convene and collaborate with stakeholders as provided under Minnesota Statutes, section 175.46, subdivision 3, and to develop youth skills training competencies for approved occupations.  This is a onetime appropriation.

 

(c) $500,000 in fiscal year 2019 is from the workforce development fund to administer the youth skills training program under Minnesota Statutes, section 175.46.  The commissioner shall award up to five grants each year to local partnerships located throughout the state, not to exceed $100,000 per local partnership grant.  The commissioner may use a portion of this appropriation for administration of the grant program.  The base amount for this program is $500,000 $750,000 each year beginning in fiscal year 2020.

 

ARTICLE 6

ECONOMIC DEVELOPMENT

 

Section 1.  Minnesota Statutes 2017 Supplement, section 298.227, is amended to read:

 

298.227 TACONITE ECONOMIC DEVELOPMENT FUND.

 

An amount equal to that distributed pursuant to each taconite producer's taxable production and qualifying sales under section 298.28, subdivision 9a, shall be held by the commissioner of Iron Range resources and rehabilitation in a separate taconite economic development fund for each taconite and direct reduced ore producer.  Money from the fund for each producer shall be released by the commissioner after review by a joint committee consisting of an equal number of representatives of the salaried employees and the nonsalaried production and maintenance employees of that producer.  The District 11 director of the United States Steelworkers of America, on advice of each local employee president, shall select the employee members.  In nonorganized operations, the employee committee shall be elected by the nonsalaried production and maintenance employees.  The review must be completed no later than six months after the producer presents a proposal for expenditure of the funds to the committee.  The funds held pursuant to this section may be released only for workforce development and associated public facility improvement, concurrent reclamation, or for acquisition of plant and stationary mining equipment and facilities for the producer or for research and development in Minnesota on new mining, or taconite, iron, or steel production technology, but only if the producer provides a matching expenditure equal to the amount of the distribution to be used for the same purpose beginning with distributions in 2014.  Effective for proposals for expenditures of money from the fund beginning May 26, 2007, the commissioner may not release the funds before the next scheduled meeting of the board.  If a proposed expenditure is not approved by the commissioner, after


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consultation with the advisory board, the funds must be deposited in the Taconite Environmental Protection Fund under sections 298.222 to 298.225.  If a taconite production facility is sold after operations at the facility had ceased, any money remaining in the fund for the former producer may be released to the purchaser of the facility on the terms otherwise applicable to the former producer under this section.  If a producer fails to provide matching funds for a proposed expenditure within six months after the commissioner approves release of the funds, the funds are available for release to another producer in proportion to the distribution provided and under the conditions of this section may be released by the commissioner for deposit in the taconite area environmental protection fund created in section 298.223.  Any portion of the fund which is not released by the commissioner within one year of its deposit in the fund shall be divided between distributed to the taconite environmental protection fund created in section 298.223 and the Douglas J. Johnson economic protection trust fund created in section 298.292 for placement in their respective special accounts.  Two-thirds of the unreleased funds shall be distributed to the taconite environmental protection fund and one-third to the Douglas J. Johnson economic protection trust fund.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 2.  Minnesota Statutes 2016, section 298.28, subdivision 9a, is amended to read:

 

Subd. 9a.  Taconite economic development fund.  (a) 25.1 cents per ton for distributions in 2002 and thereafter must be paid to the taconite economic development fund.  No distribution shall be made under this paragraph in 2004 or any subsequent year in which total industry production falls below 30 million tons.  Distribution shall only be made to a Minnesota taconite pellet producer's fund under section 298.227 if the producer timely pays its tax under section 298.24 by the dates provided under section 298.27, or pursuant to the due dates provided by an administrative agreement with the commissioner.

 

(b) An amount equal to 50 percent of the tax under section 298.24 for concentrate sold in the form of pellet chips and fines not exceeding 5/16 inch in size and not including crushed pellets shall be paid to the taconite economic development fund.  The amount paid shall not exceed $700,000 annually for all companies Minnesota taconite pellet producers.  If the initial amount to be paid to the fund exceeds this amount, each company's Minnesota taconite pellet producer's payment shall be prorated so the total does not exceed $700,000.

 

EFFECTIVE DATE.  This section is effective retroactively from December 31, 2016.

 

Sec. 3.  TRANSFER 2018 DISTRIBUTION ONLY.

 

For the 2018 distribution, the fund established under Minnesota Statutes, section 298.28, subdivision 7, shall receive ten cents per ton of any excess of the balance remaining after distribution of amounts required under Minnesota Statutes, section 298.28, subdivision 6.

 

EFFECTIVE DATE.  This section is effective for the 2018 distribution, and the transfer must be made within ten days of the August 2018 payment.

 

Sec. 4.  DISLOCATED WORKER RAPID RESPONSE ACTIVITY.

 

Notwithstanding anything to the contrary, of the money appropriated to the Job Skills Partnership Board for the purposes of Minnesota Statutes, section 116L.17, under Minnesota Statutes, section 116L.20, subdivision 2, at least $650,000 in fiscal year 2019 must be used for rapid response activities under Minnesota Statutes, section 116L.17, subdivision 10, to address the substantial anticipated job losses at the Electrolux plant in St. Cloud.  These services shall be provided by Career Solutions.  Grant funds may be used for, but are not limited to, GED programs, English language courses, computer literacy efforts, and training in the manufacturing and construction trades.  In addition, the commissioner of employment and economic development is directed to take all necessary steps, including application for any required federal waivers, to begin providing services to affected workers before December 31, 2018.


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Sec. 5.  USE OF LOCAL GOVERNMENT LOAN REPAYMENT FUNDS.

 

Notwithstanding Minnesota Statutes, section 116J.8731, and any law to the contrary, a home rule charter or statutory city, county, or town may, before July 1, 2018, commit money received from the repayment of funds awarded under Minnesota Statutes, section 116J.8731, to a business revolving loan fund partially funded by the federal government.  Once committed, funds may be used for any purpose allowed by the federal program.

 

EFFECTIVE DATE.  This section is effective retroactively from January 1, 2007.

 

Sec. 6.  REVISOR'S INSTRUCTION; MIF NAME CHANGE TO N-SODA.

 

In Minnesota Statutes, the revisor of statutes shall change the term "Minnesota investment fund" to "North Star Opportunity and Development Account" wherever it is apparent from context that the term "Minnesota investment fund" refers to the program under Minnesota Statutes, section 116J.8731.

 

ARTICLE 7

ENERGY

 

Section 1.  Minnesota Statutes 2017 Supplement, 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 (e) and (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 and Monticello nuclear generating plant plants 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 $20,000,000 each year the either 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).  (h), $7,500,000 each year the Prairie Island plant is not in operation and $5,250,000 each year the Monticello plant is not in operation.  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 or Monticello for any part of a year.

 

(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.


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(e) (d) Each year, the public utility shall withhold from the funds transferred to the renewable development account under paragraphs paragraph (c) and (d) the amount necessary to pay its obligations under paragraphs (e), (f) and (g), (k), and (n), and sections 116C.7792 and 216C.41, for that calendar year.

 

(f) (e) 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) (d).

 

(g) (f) 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) (d).

 

(h) (g) The collective amount paid under the grant contracts awarded under paragraphs (e) and (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) (h) 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.

 

(i) The public utility shall file annually with the commission a petition to recover all funds required to be transferred or withheld under paragraphs (c) to (f) for the next year through a rider mechanism.  The commission shall approve a reasonable cost recovery schedule for all such funds.

 

(j) On or before January 15 of each year, the public utility shall file a petition with the commission setting forth the amounts withheld by the public utility the prior year under paragraph (d) and the amount actually paid the prior year for obligations identified in paragraph (d).  If the amount actually paid is less than the amount withheld, the public utility shall deduct the surplus from the amount withheld for the current year under paragraph (d).  If the amount actually paid is more than the amount withheld, the public utility shall add the deficiency amount to the amount withheld for the current year under paragraph (d).  Any surplus remaining in the account after all programs identified in paragraph (d) are terminated must be returned to the customers of the public utility.

 

(j) (k) 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;


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(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) (l) For the purposes of paragraph (j) (k), 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) (m) 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.  Members of the advisory group shall be chosen by the public utility.  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) (k), clause (1), may be limited to or include a request to higher education institutions located in Minnesota for multiple projects authorized under paragraph (j) (k), 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 reasonable, potential benefit to Minnesota citizens and businesses and the utility's ratepayers.

 

(n) The cost of acquiring the services of the independent third-party expert described in paragraph (m) and any other reasonable costs incurred to administer the advisory group and its actions as required by this section shall be paid from funds withheld by the public utility under paragraph (d).

 

(m) (o) 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 commission.  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) (p).


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(n) (p) 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) (q) 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) (r) 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 under paragraph (k) 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.

 

(s) By June 1, 2018, and each June 1 thereafter, the public utility that owns the Prairie Island Nuclear Electric Generating Plant must submit to the commissioner of management and budget an estimate of the amount the public utility will deposit into the account the following January 15, based on the provisions of paragraphs (c) to (h) and any appropriations made from the fund during the most recent legislative sessions.

 

(q) (t) By February 1 June 30, 2018, and each February 1 June 30 thereafter, the commissioner of management and budget shall estimate the balance in the account as of the following January 31, taking into account the balance in the account as of June 30 and the information provided under paragraph (r).  By July 15, 2018, and each July 15 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.  If more than $15,000,000 is estimated to be available in the account as of January 31, the advisory group must, by July 30, 2018, and each July 30 thereafter, issue a request for proposals to initiate a grant cycle for the purposes of paragraph (k).

 

(r) (u) 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.

 

(s) (v) Final reports, any mid-project status reports, and renewable development account financial reports must be posted online on a public Web site designated by the commissioner of commerce.

 

(t) (w) 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) (x) Of the amount in the renewable development account, priority must be given to making the payments required under section 216C.417.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 2.  Minnesota Statutes 2017 Supplement, section 116C.7792, is amended to read:

 

116C.7792 SOLAR ENERGY INCENTIVE PROGRAM.

 

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 20 40 kilowatts direct current per premises.  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 the aggregate capacity of all systems at the customer location does not exceed 40 kilowatts.  The program shall be operated for eight consecutive calendar years commencing in 2014.  $5,000,000 shall be allocated in each of the first four years, $15,000,000 in the fifth year, $10,000,000 in each of the sixth and seventh years, and $5,000,000 in the eighth year from funds withheld from transfer to the renewable development account under section 116C.779, subdivision 1, paragraphs (b) and (e) paragraph (d), and placed in a separate account for the purpose of the solar production incentive program operated by the utility and not for any other program or purpose.  Any unspent amount allocated in the fifth year is available until December 31 of the sixth year.  Any unspent amount remaining at the end of an allocation year must be transferred to the renewable development account or returned to customers.  The solar system 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.  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.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 3.  [116C.7793] PRAIRIE ISLAND NET ZERO PROJECT.

 

Subdivision 1.  Program established.  The Prairie Island Net Zero Project is established with the goal of the Prairie Island Indian Community developing an energy system that results in net zero emissions.

 

Subd. 2.  Grant.  The commissioner of employment and economic development shall enter into a grant contract with the Prairie Island Indian Community to provide $20,000,000 on July 1, 2018, and $5,000,000 each year thereafter for four years to stimulate research, development, and implementation of renewable energy projects benefitting the Prairie Island Indian Community or its members.

 

Subd. 3.  Plan; report.  The Prairie Island Indian Community shall file a plan with the commissioner of employment and economic development no later than July 1, 2019, describing the Prairie Island Net Zero Project elements and implementation strategy.  The Prairie Island Indian Community shall file a report on July 1, 2020, and each July 1 thereafter through 2023, describing the progress made in implementing the project and the use of funds expended.

 

Subd. 4.  Appropriation.  Notwithstanding section 116C.779, subdivision 1, paragraph (k), $20,000,000 is appropriated in fiscal year 2019 and $5,000,000 is appropriated each year in fiscal years 2020, 2021, 2022, and 2023, from the renewable development account under section 116C.779, subdivision 1, to the commissioner of employment and economic development for a grant to the Prairie Island Indian Community for the purposes of this section.  Any funds remaining at the end of a fiscal year do not cancel to the renewable development account but remain available until spent.  This subdivision expires upon the last transfer of funds to the commissioner.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 4.  Minnesota Statutes 2016, section 216A.03, is amended by adding a subdivision to read:

 

Subd. 10.  Offices.  The Public Utilities Commission's offices must be located in Virginia, Minnesota.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 5.  Minnesota Statutes 2016, section 216B.16, is amended by adding a subdivision to read:

 

Subd. 13a.  Pension rate base.  The commission must allow a public utility to include in the rate base and recover from ratepayers the costs incurred to contribute to employee pensions, including (1) accumulated contributions in excess of net periodic benefit costs, and (2) contributions necessary to comply with the federal Pension Protection Act of 2006 and other applicable federal and state pension funding requirements.  A public utility is authorized to track for future recovery any unrecoverable return of pension rate base costs and investments at the return on investment level established in the public utility's last general rate case that have been incurred during the period between general rate cases.

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 216B.164, subdivision 5, is amended to read:

 

Subd. 5.  Dispute; resolution.  (a) In the event of disputes a dispute between a qualifying facility and a public utility and a qualifying facility or a cooperative electric association that has not elected to resolve disputes under subdivision 11, either party may request a determination of the issue by the commission.  In any such determination, the burden of proof shall be is on the public utility or cooperative electric association.  The commission in its order resolving each such dispute shall require payments to the prevailing party of the prevailing party's costs, disbursements, and reasonable attorneys' fees, except that the qualifying facility will be required to pay the costs, disbursements, and attorneys' fees of the public utility or cooperative electric association only if the commission finds that the claims of the qualifying facility in the dispute have been made in bad faith, or are a sham, or are frivolous.

 

(b) Notwithstanding subdivisions 9 and 11, a qualifying facility over 20 megawatts may, until December 31, 2022, request that the commission resolve a dispute with any utility, including a cooperative electric association or municipal utility, under paragraph (a).

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 216B.1691, subdivision 2f, is amended to read:

 

Subd. 2f.  Solar energy standard.  (a) In addition to the requirements of subdivisions 2a and 2b, each public utility shall generate or procure sufficient electricity generated by solar energy to serve its retail electricity customers in Minnesota so that by the end of 2020, at least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is generated by solar energy.

 

(b) For a public utility with more than 200,000 retail electric customers, at least ten percent of the 1.5 percent goal must be met by solar energy generated by or procured from solar photovoltaic devices with a nameplate capacity of 20 40 kilowatts or less.

 

(c) A public utility with between 50,000 and 200,000 retail electric customers:

 

(1) must meet at least ten percent of the 1.5 percent goal with solar energy generated by or procured from solar photovoltaic devices with a nameplate capacity of 40 kilowatts or less; and


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(2) may apply toward the ten percent goal in clause (1) individual customer subscriptions of 40 kilowatts or less to a community solar garden program operated by the public utility that has been approved by the commission.

 

(d) The solar energy standard established in this subdivision is subject to all the provisions of this section governing a utility's standard obligation under subdivision 2a.

 

(e) It is an energy goal of the state of Minnesota that, by 2030, ten percent of the retail electric sales in Minnesota be generated by solar energy.

 

(f) For the purposes of calculating the total retail electric sales of a public utility under this subdivision, there shall be excluded retail electric sales to customers that are:

 

(1) an iron mining extraction and processing facility, including a scram mining facility as defined in Minnesota Rules, part 6130.0100, subpart 16; or

 

(2) a paper mill, wood products manufacturer, sawmill, or oriented strand board manufacturer.

 

Those customers may not have included in the rates charged to them by the public utility any costs of satisfying the solar standard specified by this subdivision.

 

(g) A public utility may not use energy used to satisfy the solar energy standard under this subdivision to satisfy its standard obligation under subdivision 2a.  A public utility may not use energy used to satisfy the standard obligation under subdivision 2a to satisfy the solar standard under this subdivision.

 

(h) Notwithstanding any law to the contrary, a solar renewable energy credit associated with a solar photovoltaic device installed and generating electricity in Minnesota after August 1, 2013, but before 2020 may be used to meet the solar energy standard established under this subdivision.

 

(i) Beginning July 1, 2014, and each July 1 through 2020, each public utility shall file a report with the commission reporting its progress in achieving the solar energy standard established under this subdivision.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 8.  [216B.1697] CARBON REDUCTION FACILITIES; NUCLEAR ENERGY.

 

Subdivision 1.  Qualifying facilities.  An existing large electric generating power plant, as defined in section 216B.2421, subdivision 2, clause (1), employing nuclear technology to generate electricity qualifies for designation as a carbon reduction facility as provided in this section.

 

Subd. 2.  Proposal submission.  (a) A public utility may submit a proposal to the commission for designation of a qualifying facility as a carbon reduction facility under this section.  The proposal must be filed within a public utility's new resource plan filing no earlier than February 1, 2019.  The proposal shall include:

 

(1) a showing that the facility meets the requirements of subdivision 1;

 

(2) a proposed statement of the total expected costs, including, but not limited to, capital investments and operation and maintenance costs associated with the operation of the facility.  The total expected costs shall cover a period not to exceed the planning period of the public utility's new resource plan;

 

(3) details about all costs currently included in rates, current operating costs if different than those currently included in rates, and an evaluation of the utility's forecasted costs prepared by an independent evaluator; and


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(4) an analysis of how the proposed capital investments and operation and maintenance costs would impact rates if that impact is different than any described in the utility's most recently filed resource plan.

 

(b) If the information submitted in the original proposal changes because it was unknown and not capable of being known at the time of the original proposal, a utility may at any time file additional proposals for the same facility.

 

(c) The proposal may ask the commission to establish a sliding scale rate-of-return mechanism for the capital investments to provide an additional incentive for the utility to complete the project at or under the proposed costs.

 

Subd. 3.  Proposal approval.  (a) The commission shall approve, reject, or modify the proposed designation of the facility and the total expected costs submitted by the public utility.  The commission shall make a final determination on the proposed designation concurrent with its order in the resource plan, or sooner, should the commission determine that it is in the public interest.

 

(b) When conducting the review in paragraph (a), the commission shall allow intervention by the Department of Commerce, the Office of the Attorney General, ratepayer advocates, the Prairie Island and Monticello communities, and other interested parties.  The public utility shall pay the costs of any nuclear expert retained by the Department of Commerce.

 

(c) To the extent the commission modifies the proposal, the utility may choose whether to accept the modifications.  If the utility does not accept the modifications, the commission shall deem the proposal withdrawn.

 

(d) With respect to any carbon reduction facility, the approval shall constitute a finding of prudency for the total expected costs contained in the proposal, meaning that the utility shall be entitled to recover, through a subsequent rate case, any actual costs not in excess of the total expected costs provided in its proposal for designation as a carbon reduction facility.

 

(e) Upon approval of a proposed designation of a facility and the total expected costs submitted by the utility, the utility shall provide biennial updates to the commission regarding its progress with respect to adhering to the approved costs.  The commission may issue orders it deems necessary to ensure that the carbon reduction facility remains cost-effective for customers and financially viable for the utility.

 

Sec. 9.  [216C.419] RESIDENTIAL BIOMASS HEATING SYSTEM GRANT PROGRAM.

 

Subdivision 1.  Definition.  For purposes of this section, the following definitions have the meanings given.

 

(a) "Homeowner" means the owner of a residential homestead, as defined in section 273.124, subdivision 1, paragraph (a), or the owner of an agricultural homestead, as defined in section 273.13, subdivision 23, paragraph (a).

 

(b) "Residential biomass heating system" means:

 

(1) a pellet stove or wood heater, as defined in Code of Federal Regulations, title 40, section 60.531; or

 

(2) a residential forced-air furnace or residential hydronic heater, as defined in Code of Federal Regulations, title 40, section 60.5473.

 

Subd. 2.  Establishment.  A grant program is established under the Department of Commerce to award grants to homeowners to fund the purchase and installation of a residential biomass heating system.


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Subd. 3.  Eligible expenditures.  (a) Grants awarded to a homeowner under this section may be used to pay up to the lesser of 33 percent of the cost to purchase and install a residential biomass heating system in the homeowner's residence, or $5,000.

 

(b) A grant must not be awarded under this section to a homeowner for a residential biomass heating system that is not certified by the federal Environmental Protection Agency as meeting the 2015 New Source Performance Standards for air emissions for these heating systems, contained in Code of Federal Regulations, title 40, part 60, subparts AAA and QQQQ, as applicable.

 

Subd. 4.  Application process.  A homeowner 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, and must award grants on a first-come, first-served basis.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 10.  [216C.437] LOCAL GOVERNMENT EMERALD ASH BORER REMOVAL GRANT PROGRAM.

 

Subdivision 1.  Establishment.  The Department of Commerce must establish a program to:

 

(1) assist eligible local units of government collect and dispose of the wood waste created when ash trees are removed from public land due to either (i) emerald ash borer infestation, or (ii) an emerald ash borer management program;

 

(2) award grants to process the wood waste into usable biomass fuel, properly transport the biomass fuel to an eligible district heating and cooling system cogeneration facility, and use the biomass fuel to generate electricity and thermal energy; and

 

(3) reduce the biomass fuel costs passed through by an eligible heating and cooling system cogeneration facility to the public utility that owns the Prairie Island nuclear generating plant.

 

Subd. 2.  Eligibility.  In order to be eligible for the program under subdivision 1, an applicant must be a district heating and cooling system cogeneration facility that:

 

(1) is located in the city of St. Paul;

 

(2) operates as a nonprofit entity;

 

(3) accepts wood waste from a local unit of government that is:

 

(i) located within the service area of the public utility that is subject to section 116C.779;

 

(ii) located in a county or portion of a county that has been designated by the commissioner of agriculture as quarantined with respect to the transportation of woody materials from ash trees due to demonstrated emerald ash borer infestation; and

 

(iii) responsible for the removal of diseased ash trees from public lands within its jurisdiction; and

 

(4) uses biomass fuel to generate electricity and thermal energy.


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Subd. 3.  Eligible expenditures.  (a) Grants may be awarded under this section to an eligible recipient under subdivision 2 to:

 

(1) process into acceptable biomass fuel woody materials containing ash trees that have been removed due to disease or implementation of an emerald ash borer management program; or

 

(2) transport processed biomass fuel, woody materials infested by emerald ash borer, and woody material removed under an emerald ash borer management program to a storage location or to the district heating and cooling system cogeneration facility in downtown St. Paul.

 

(b) Grant funds may be used to pay reasonable costs incurred by the Department of Agriculture to administer this section.

 

(c) All funds awarded under paragraph (a) must reduce on a dollar-for-dollar basis the charges billed by an eligible heating and cooling system cogeneration facility to the public utility that owns the Prairie Island Nuclear Electric Generating Plant under the power purchase agreement in effect on January 1, 2018.  A heating and cooling system cogeneration facility receiving a grant under this section must submit a monthly statement showing the reduction in charges resulting from the requirement of this paragraph to the public utility that owns the Prairie Island Nuclear Electric Generating Plant.

 

Subd. 4.  Expiration.  This section expires the day after the power purchase agreement in effect on January 1, 2018, between an eligible heating and cooling system cogeneration facility and the public utility that owns the Prairie Island Nuclear Electric Generating Plant expires.  This section does not extend or renew a power purchase agreement referenced in this subdivision.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 11.  Minnesota Statutes 2016, section 216E.03, subdivision 9, is amended to read:

 

Subd. 9.  Timing.  The commission shall make a final decision on an application within 60 days after receipt of the report of the administrative law judge.  A final decision on the request for a site permit or route permit shall be made within one year after the commission's determination that an application is complete.  The commission may extend this time limit for up to three months 30 days for just cause or upon agreement of the applicant.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to any application filed with the commission on or after that date.

 

Sec. 12.  Minnesota Statutes 2016, section 216E.04, subdivision 7, is amended to read:

 

Subd. 7.  Timing.  The commission shall make a final decision on an application within 60 days after completion of the public hearing.  A final decision on the request for a site permit or route permit under this section shall be made within six months after the commission's determination that an application is complete.  The commission may extend this time limit for up to three months 30 days for just cause or upon agreement of the applicant.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to any application filed with the commission on or after that date.


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Sec. 13.  Laws 2017, chapter 94, article 10, section 28, is amended to read:

 

Sec. 28.  PROGRAM ADMINISTRATION; "MADE IN MINNESOTA" SOLAR THERMAL REBATES.

 

(a) No rebate may be paid under Minnesota Statutes 2016, section 216C.416, to an owner of a solar thermal system whose application was approved by the commissioner of commerce after the effective date of this act.

 

(b) Unspent money remaining in the account established under Minnesota Statutes 2014, section 216C.416, as of July 2, 2017, must be transferred to the C-LEAF renewable development account established under Minnesota Statutes 2016, section 116C.779, subdivision 1.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 14.  Laws 2017, chapter 94, article 10, section 29, is amended to read:

 

Sec. 29.  RENEWABLE DEVELOPMENT ACCOUNT; TRANSFER OF UNEXPENDED GRANT FUNDS.

 

(a) No later than 30 days after the effective date of this section, the utility subject to Minnesota Statutes, section 116C.779, subdivision 1, must notify in writing each person who received a grant funded from the renewable development account previously established under that subdivision:

 

(1) after January 1, 2012; and

 

(2) before January 1, 2012, if the funded project remains incomplete as of the effective date of this section.

 

The notice must contain the provisions of this section and instructions directing grant recipients how unexpended funds can be transferred to the clean energy advancement fund renewable development account.

 

(b) A recipient of a grant from the renewable development account previously established under Minnesota Statutes, section 116C.779, subdivision 1, must, no later than 30 days after receiving the notice required under paragraph (a), transfer any grant funds that remain unexpended as of the effective date of this section to the clean energy advancement fund renewable development account if, by that effective date, all of the following conditions are met:

 

(1) the grant was awarded more than five years before the effective date of this section;

 

(2) the grant recipient has failed to obtain control of the site on which the project is to be constructed;

 

(3) the grant recipient has failed to secure all necessary permits or approvals from any unit of government with respect to the project; and

 

(4) construction of the project has not begun.

 

(c) A recipient of a grant from the renewable development account previously established under Minnesota Statutes, section 116C.779, subdivision 1, must transfer any grant funds that remain unexpended five years after the grant funds are received by the grant recipient if, by that date, the conditions in paragraph (b), clauses (2) to (4), have been met.  The grant recipient must transfer the unexpended funds no later than 30 days after the fifth anniversary of the receipt of the grant funds.


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(d) A person who transfers funds to the clean energy advancement fund renewable development account under this section is eligible to apply for funding from the clean energy advancement fund renewable development account.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 15.  REPEALER.

 

Minnesota Statutes 2016, section 216B.2423, is repealed.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 8

HOUSING

 

Section 1.  [14.1275] RULES IMPACTING RESIDENTIAL CONSTRUCTION OR REMODELING; LEGISLATIVE NOTICE AND REVIEW.

 

Subdivision 1.  Definition.  As used in this section, "residential construction" means the new construction or remodeling of any building subject to the Minnesota Residential Code.

 

Subd. 2.  Impact on housing; agency determination.  (a) An agency must determine if implementation of a proposed rule, or any portion of a proposed rule, will, on average, increase the cost of residential construction or remodeling by $1,000 or more per unit, and whether the proposed rule meets the state regulatory policy objectives described in section 14.002.  In calculating the cost of implementing a proposed rule, the agency may consider the impact of other related proposed rules on the overall cost of residential construction.  If applicable, the agency may include offsetting savings that may be achieved through implementation of related proposed rules in its calculation under this subdivision.

 

(b) The agency must make the determination required by paragraph (a) before the close of the hearing record, or before the agency submits the record to the administrative law judge if there is no hearing.  Upon request of a party affected by the proposed rule, the administrative law judge must review and approve or disapprove an agency's determination under this subdivision.

 

Subd. 3.  Notice to legislature; legislative review.  If the agency determines that the impact of a proposed rule meets or exceeds the cost threshold provided in subdivision 2, or if the administrative law judge separately confirms the cost of any portion of a rule exceeds the cost threshold provided in subdivision 2, the agency must notify, in writing, the chair and ranking minority members of the policy committees of the legislature with jurisdiction over the subject matter of the proposed rule within ten days of the determination.  The agency shall not adopt the proposed rule until after the adjournment of the next annual session of the legislature convened on or after the date that notice required in this subdivision is given to the chairs and ranking minority members.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to administrative rules proposed on or after that date.

 

Sec. 2.  Minnesota Statutes 2016, section 299D.085, is amended by adding a subdivision to read:

 

Subd. 3a.  Trailer use.  A vehicle or a combination of vehicles may tow a trailer during the movement of an overdimensional load if:

 

(1) the party involved is a building mover licensed by the commissioner of transportation under section 221.81;


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(2) the building being moved is not a temporary structure;

 

(3) the overdimensional load is a manufactured home, as defined under section 327.31; or

 

(4) the overdimensional load is a modular home, as defined under section 297A.668, subdivision 8, paragraph (b).

 

Sec. 3.  Minnesota Statutes 2016, section 326B.815, subdivision 1, is amended to read:

 

Subdivision 1.  Fees.  (a) For the purposes of calculating fees under section 326B.092, an initial or renewed residential contractor, residential remodeler, or residential roofer license is a business license.  Notwithstanding section 326B.092, the licensing fee for manufactured home installers under section 327B.041 is $300 $180 for a three-year period.

 

(b) All initial and renewal licenses, except for manufactured home installer licenses, shall be effective for two years and shall expire on March 31 of the year after the year in which the application is made.

 

(c) The commissioner shall in a manner determined by the commissioner, without the need for any rulemaking under chapter 14, phase in the renewal of residential contractor, residential remodeler, and residential roofer licenses from one year to two years.  By June 30, 2011, all renewed residential contractor, residential remodeler, and residential roofer licenses shall be two-year licenses.

 

Sec. 4.  Minnesota Statutes 2016, section 327.31, is amended by adding a subdivision to read:

 

Subd. 23.  Modular home.  "Modular home" means a building or structural unit of closed construction that has been substantially manufactured or constructed, in whole or in part, at an off-site location, with the final assembly occurring on site alone or with other units and attached to a foundation designed to the State Building Code and occupied as a single-family dwelling.  Modular home construction must comply with applicable standards adopted in Minnesota Rules, chapter 1360 or 1361.

 

Sec. 5.  [327.335] PLACEMENT OF MODULAR HOMES.

 

Notwithstanding any other law or ordinance to the contrary, a modular home may be placed in a manufactured home park as defined in section 327.14, subdivision 3.  A modular home placed in a manufactured home park is a manufactured home for purposes of chapters 327C and 504B and all rights, obligations, and duties, under those chapters apply.  A modular home may not be placed in a manufactured home park without prior written approval of the park owner.  Nothing in this section shall be construed to inhibit the application of zoning, subdivision, architectural, or esthetic requirements under chapters 394 and 462 that otherwise apply to manufactured homes or manufactured home parks.  A modular home placed in a manufactured home park under this section shall be assessed and taxed as a manufactured home.

 

Sec. 6.  Minnesota Statutes 2016, section 327B.041, is amended to read:

 

327B.041 MANUFACTURED HOME INSTALLERS.

 

(a) Manufactured home installers are subject to all of the fees in section 326B.092 and the requirements of sections 326B.802 to 326B.885, except for the following:

 

(1) manufactured home installers are not subject to the continuing education requirements of sections 326B.0981, 326B.099, and 326B.821, but are subject to the continuing education requirements established in rules adopted under section 327B.10;


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(2) the examination requirement of section 326B.83, subdivision 3, for manufactured home installers shall be satisfied by successful completion of a written examination administered and developed specifically for the examination of manufactured home installers.  The examination must be administered and developed by the commissioner.  The commissioner and the state building official shall seek advice on the grading, monitoring, and updating of examinations from the Minnesota Manufactured Housing Association;

 

(3) a local government unit may not place a surcharge on a license fee, and may not charge a separate fee to installers;

 

(4) a dealer or distributor who does not install or repair manufactured homes is exempt from licensure under sections 326B.802 to 326B.885;

 

(5) the exemption under section 326B.805, subdivision 6, clause (5), does not apply; and

 

(6) manufactured home installers are not subject to the contractor recovery fund in section 326B.89.

 

(b) The commissioner may waive all or part of the requirements for licensure as a manufactured home installer for any individual who holds an unexpired license or certificate issued by any other state or other United States jurisdiction if the licensing requirements of that jurisdiction meet or exceed the corresponding licensing requirements of the department and the individual complies with section 326B.092, subdivisions 1 and 3 to 7.  For the purposes of calculating fees under section 326B.092, licensure as a manufactured home installer is a business license.

 

Sec. 7.  Minnesota Statutes 2016, section 327C.095, subdivision 4, is amended to read:

 

Subd. 4.  Public hearing; relocation compensation; neutral third party.  The governing body of the affected municipality shall hold a public hearing to review the closure statement and any impact that the park closing may have on the displaced residents and the park owner.  At the time of, and in the notice for, the public hearing, displaced residents must be informed that they may be eligible for payments from the Minnesota manufactured home relocation trust fund under section 462A.35 as compensation for reasonable relocation costs under subdivision 13, paragraphs (a) and (e).

 

The governing body of the municipality may also require that other parties, including the municipality, but excluding the park owner or its purchaser, involved in the park closing provide additional compensation to residents to mitigate the adverse financial impact of the park closing upon the residents.

 

At the public hearing, the municipality shall appoint a qualified neutral third party, to be agreed upon by both the manufactured home park owner and manufactured home owners, whose hourly cost must be reasonable and paid from the Minnesota manufactured home relocation trust fund.  The neutral third party shall act as a paymaster and arbitrator, with decision-making authority to resolve any questions or disputes regarding any contributions or disbursements to and from the Minnesota manufactured home relocation trust fund by either the manufactured home park owner or the manufactured home owners.  If the parties cannot agree on a neutral third party, the municipality will make a determination determine who shall act as the neutral third party.

 

The qualified neutral third party shall be familiar with manufactured housing and the requirements of this section.  The neutral third party shall keep an overall receipts and cost summary together with a detailed accounting, for each manufactured lot, of the payments received by the manufactured home park owner, and expenses approved and payments disbursed to the manufactured home owners, pursuant to subdivisions 12 and 13, as well as a record of all services and hours it provided and at what hourly rate it charged to the Minnesota manufactured home trust fund.  This detailed accounting shall be provided to the manufactured home park owner, the municipality, and the Minnesota Housing Finance Agency to be included in its yearly October 15 report as required in subdivision 13, paragraph (h), not later than 30 days after the expiration of the nine-month notice provided in the closure statement.


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Sec. 8.  Minnesota Statutes 2016, section 327C.095, subdivision 6, is amended to read:

 

Subd. 6.  Intent to convert use of park at time of purchase.  Before the execution of an agreement to purchase a manufactured home park, the purchaser must notify the park owner, in writing, if the purchaser intends to close the manufactured home park or convert it to another use within one year of the execution of the agreement.  The park owner shall provide a resident of each manufactured home with a 45-day written notice of the purchaser's intent to close the park or convert it to another use.  The notice must state that the park owner will provide information on the cash price and the terms and conditions of the purchaser's offer to residents requesting the information.  The notice must be sent by first class mail to a resident of each manufactured home in the park.  The notice period begins on the postmark date affixed to the notice and ends 45 days after it begins.  During the notice period required in this subdivision, the owners of at least 51 percent of the manufactured homes in the park or a nonprofit organization which has the written permission of the owners of at least 51 percent of the manufactured homes in the park to represent them in the acquisition of the park shall have the right to meet the cash price and execute an agreement to purchase the park for the purposes of keeping the park as a manufactured housing community, provided that the owners or nonprofit organization will covenant and warrant to the park owner in the agreement that they will continue to operate the park for not less than six years from the date of closing.  The park owner must accept the offer if it meets the cash price and the same terms and conditions set forth in the purchaser's offer except that the seller is not obligated to provide owner financing.  For purposes of this section, cash price means the cash price offer or equivalent cash offer as defined in section 500.245, subdivision 1, paragraph (d).

 

Sec. 9.  Minnesota Statutes 2016, section 327C.095, subdivision 12, is amended to read:

 

Subd. 12.  Payment to the Minnesota manufactured home relocation trust fund.  (a) If a manufactured home owner is required to move due to the conversion of all or a portion of a manufactured home park to another use, the closure of a park, or cessation of use of the land as a manufactured home park, the manufactured park owner shall, upon the change in use, pay to the commissioner of management and budget for deposit in the Minnesota manufactured home relocation trust fund under section 462A.35, the lesser amount of the actual costs of moving or purchasing the manufactured home approved by the neutral third party and paid by the Minnesota Housing Finance Agency under subdivision 13, paragraph (a) or (e), or $3,250 for each single section manufactured home, and $6,000 for each multisection manufactured home, for which a manufactured home owner has made application for payment of relocation costs under subdivision 13, paragraph (c).  The manufactured home park owner shall make payments required under this section to the Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice from the neutral third party.

 

(b) A manufactured home park owner is not required to make the payment prescribed under paragraph (a), nor is a manufactured home owner entitled to compensation under subdivision 13, paragraph (a) or (e), if:

 

(1) the manufactured home park owner relocates the manufactured home owner to another space in the manufactured home park or to another manufactured home park at the park owner's expense;

 

(2) the manufactured home owner is vacating the premises and has informed the manufactured home park owner or manager of this prior to the mailing date of the closure statement under subdivision 1;

 

(3) a manufactured home owner has abandoned the manufactured home, or the manufactured home owner is not current on the monthly lot rental, personal property taxes;

 

(4) the manufactured home owner has a pending eviction action for nonpayment of lot rental amount under section 327C.09, which was filed against the manufactured home owner prior to the mailing date of the closure statement under subdivision 1, and the writ of recovery has been ordered by the district court;


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(5) the conversion of all or a portion of a manufactured home park to another use, the closure of a park, or cessation of use of the land as a manufactured home park is the result of a taking or exercise of the power of eminent domain by a governmental entity or public utility; or

 

(6) the owner of the manufactured home is not a resident of the manufactured home park, as defined in section 327C.01, subdivision 9, or the owner of the manufactured home is a resident, but came to reside in the manufactured home park after the mailing date of the closure statement under subdivision 1.

 

(c) If the unencumbered fund balance in the manufactured home relocation trust fund is less than $1,000,000 $3,000,000 as of June 30 of each year, the commissioner of management and budget shall assess each manufactured home park owner by mail the total amount of $15 for each licensed lot in their park, payable on or before September November 15 of that year.  The commissioner of management Failure to notify and budget shall deposit any payments in the Minnesota timely assess the manufactured home relocation trust fund.  On or before July 15 of park owner by August 30 of any year shall waive the assessment and payment obligations of the manufactured home park owner for that year.  Together with said assessment notice, each year, the commissioner of management and budget shall prepare and distribute to park owners a letter explaining whether funds are being collected for that year, information about the collection, an invoice for all licensed lots, and a sample form for the park owners to collect information on which park residents have been accounted for.  If assessed under this paragraph, the park owner may recoup the cost of the $15 assessment as a lump sum or as a monthly fee of no more than $1.25 collected from park residents together with monthly lot rent as provided in section 327C.03, subdivision 6.  Park owners may adjust payment for lots in their park that are vacant or otherwise not eligible for contribution to the trust fund under section