Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4525

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2017

 

_____________________

 

FIFTY-FIRST DAY

 

Saint Paul, Minnesota, Tuesday, May 9, 2017

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by the Reverend Matthew Malek, Order of Friars Minor Conventual, St. Bonaventure Church, Bloomington, 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

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

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.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

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

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      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 - 51st Day - Tuesday, May 9, 2017 - Top of Page 4526

REPORTS OF CHIEF CLERK

 

      S. F. No. 481 and H. F. No. 1110, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      West moved that S. F. No. 481 be substituted for H. F. No. 1110 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 482 and H. F. No. 643, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Peterson moved that S. F. No. 482 be substituted for H. F. No. 643 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 527 and H. F. No. 733, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Haley moved that S. F. No. 527 be substituted for H. F. No. 733 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1353 and H. F. No. 1314, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Dean, M., moved that S. F. No. 1353 be substituted for H. F. No. 1314 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1844 and H. F. No. 2177, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Zerwas moved that S. F. No. 1844 be substituted for H. F. No. 2177 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Cornish from the Committee on Public Safety and Security Policy and Finance to which was referred:

 

H. F. No. 2621, A bill for an act relating to public safety; expanding the crime of female genital mutilation; updating requirements for education and outreach; expanding the definition of egregious harm; amending Minnesota Statutes 2016, sections 144.3872; 260.012; 260C.007, subdivision 14; 260C.175, subdivision 1; 609.2245, subdivision 1, by adding a subdivision; 626.556, subdivision 2.

 

Reported the same back with the following amendments:


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4527

Page 7, delete section 4

 

Page 7, line 27, delete "felony" and insert "crime and may be sentenced as provided in subdivision 4"

 

Page 8, after line 10, insert:

 

"Sec. 6.  Minnesota Statutes 2016, section 609.2245, is amended by adding a subdivision to read:

 

Subd. 4.  Penalties.  (a) A person who violates subdivision 1, clause (1), may be sentenced to imprisonment for not more than five years or a payment of a fine of not more than $10,000, or both.

 

(b) A person who violates subdivision 1, clause (2), may be sentenced as follows:

 

(1) if the act results in narrowing of the vaginal orifice with creation of a covering seal by cutting and appositioning the labia minora, or both, imprisonment for not more than 20 years or payment of a fine of not more than $30,000, or both;

 

(2) if the act results in partial or total removal of the clitoris and the labia minora, imprisonment of not more than ten years or payment of a fine of not more than $20,000, or both;

 

(3) if the act results in partial or total removal of the clitoris, prepuce, or both, imprisonment of not more than five years or a payment of a fine of not more than $10,000, or both; or

 

(4) if the act constitutes a harmful procedure to the female genitalia not described in clauses (1) to (3), including but not limited to pricking, piercing, incising, scraping, and cauterization, imprisonment of not more than five years or a payment of a fine of not more than $10,000, or both.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to violations committed on or after that date."

 

Page 9, after line 12, insert:

 

"(f) For purposes of this subdivision, "maltreatment" means any of the following acts or omissions:

 

(1) mental injury as defined in paragraph (g);

 

(2) neglect as defined in paragraph (h);

 

(3) physical abuse as defined in paragraph (l);

 

(4) sexual abuse as defined in paragraph (o);

 

(5) substantial child endangerment as defined in paragraph (p); and

 

(6) threatened injury as defined in paragraph (q)."

 

Page 9, line 13, strike "(f)" and insert "(g)"

 

Page 9, line 17, strike "(g)" and insert "(h)"

 

Page 10, line 23, strike "(h)" and insert "(i)"


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4528

Page 11, line 8, strike "(i)" and insert "(j)"

 

Page 11, line 9, strike "(j)" and insert "(k)"

 

Page 11, line 16, strike "(k)" and insert "(l)"

 

Page 12, line 11, reinstate the stricken "or"

 

Page 12, line 13, delete the new language

 

Page 12, delete line 14

 

Page 12, line 15, delete the new language

 

Page 12, line 16, strike "(l)" and insert "(m)"

 

Page 12, line 19, strike "(m)" and insert "(n)"

 

Page 12, line 24, strike "(n)" and insert "(o)"

 

Page 13, line 6, strike "(o)" and insert "(p)"

 

Page 13, line 11, strike "(g)" and insert "(h)"

 

Page 13, line 25, strike "(p)" and insert "(q)"

 

Page 13, line 28, strike "(j)" and insert "(k)"

 

Page 14, line 10, strike "(q)" and insert "(r)"

 

Page 14, line 12, strike "(q)" and insert "(r)"

 

Page 14, line 14, strike "(p)" and insert "(q)"

 

Page 14, line 26, strike "(r)" and insert "(s)"

 

Page 14, after line 30, insert:

 

"Sec. 8.  Minnesota Statutes 2016, section 626.556, subdivision 3, is amended to read:

 

Subd. 3.  Persons mandated to report; persons voluntarily reporting.  (a) A person who knows or has reason to believe a child is being neglected or physically or sexually abused, as defined in subdivision 2 is a victim of maltreatment as defined in subdivision 2, paragraph (f) , or has been neglected or physically or sexually abused a victim of maltreatment as defined in subdivision 2, paragraph (f), within the preceding three years, shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person is:

 

(1) a professional or professional's delegate who is engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, or law enforcement; or


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4529

(2) employed as a member of the clergy and received the information while engaged in ministerial duties, provided that a member of the clergy is not required by this subdivision to report information that is otherwise privileged under section 595.02, subdivision 1, paragraph (c).

 

(b) Any person may voluntarily report to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person knows, has reason to believe, or suspects a child is being or has been neglected or subjected to physical or sexual abuse.

 

(c) A person mandated to report physical or sexual child abuse or neglect occurring within a licensed facility shall report the information to the agency responsible for licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245D; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19.  A health or corrections agency receiving a report may request the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b.  A board or other entity whose licensees perform work within a school facility, upon receiving a complaint of alleged maltreatment, shall provide information about the circumstances of the alleged maltreatment to the commissioner of education.  Section 13.03, subdivision 4, applies to data received by the commissioner of education from a licensing entity.

 

(d) Notification requirements under subdivision 10 apply to all reports received under this section.

 

(e) For purposes of this section, "immediately" means as soon as possible but in no event longer than 24 hours."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 4, after the first semicolon, insert "providing for definition of maltreatment for reporting maltreatment of minors; prescribing penalties;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Reform.

 

      The report was adopted.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 481, 482, 527, 1353 and 1844 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Slocum introduced:

 

H. F. No. 2652, A bill for an act relating to pet animals; requiring product labeling and notice for retail sales of products containing xylitol; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4530

Fenton; Hausman; Neu; Lohmer; Loonan; Jessup; Theis; Barr, R.; Kiel; Halverson; Youakim; Pryor; Urdahl and Dettmer introduced:

 

H. F. No. 2653, A bill for an act relating to health; requiring the commissioner to make information on human herpesvirus cytomegalovirus available to certain individuals; proposing coding for new law in Minnesota Statutes, chapter 144.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Reform.

 

 

Dehn, R., introduced:

 

H. F. No. 2654, A bill for an act relating to capital investment; appropriating money for the Now EMERGE Career and Technology Center.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

      A message from the Senate has been received requesting concurrence by the House to amendments adopted by the Senate to the following House File:

 

      H. F. No. 474.

 

 

      Peppin moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

H. F. No. 22, A bill for an act relating to real property; exempting certain trusts from reporting requirements; amending Minnesota Statutes 2016, section 500.24, subdivision 4.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4531

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

H. F. No. 593, A bill for an act relating to real estate appraisers; changing requirements relating to investigations, background checks, and disciplinary actions; amending Minnesota Statutes 2016, sections 13.411, by adding a subdivision; 82B.08, subdivision 2a; 82B.20, by adding a subdivision; 82B.24, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 82B.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

H. F. No. 1118, A bill for an act relating to real property; common interest communities; authorizing electronic delivery of cancellations of sale or resale; amending Minnesota Statutes 2016, sections 515B.4-106; 515B.4-108.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 1732, A bill for an act relating to insurance; examinations by the commissioner of commerce; amending Minnesota Statutes 2016, section 60A.031, subdivisions 4, 6; proposing coding for new law in Minnesota Statutes, chapter 60A.

 

Cal R. Ludeman, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Hoppe moved that the House concur in the Senate amendments to H. F. No. 1732 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

H. F. No. 1732, A bill for an act relating to insurance; examinations by the commissioner of commerce; amending Minnesota Statutes 2016, section 60A.031, subdivisions 4, 6; proposing coding for new law in Minnesota Statutes, chapter 60A.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.    There were 134 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4532

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

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.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

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

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

      A message from the Senate has been received requesting concurrence by the House to amendments adopted by the Senate to the following House File:

 

      H. F. No. 330.

 

 

REPORTS FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Peppin from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Tuesday, May 9, 2017:

 

      H. F. Nos. 326 and 745; and S. F. No. 1654.

 

 

      Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Thursday, May 11, 2017 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. Nos. 482, 527, 1353 and 1844.


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4533

CALENDAR FOR THE DAY

 

 

      H. F. No. 326, A bill for an act relating to transportation; designating a segment of marked Trunk Highway 23 in the city and town of Paynesville as Medal of Honor recipient Kenneth L. Olson Highway; amending Minnesota Statutes 2016, section 161.14, by adding a subdivision.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 134 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

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.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

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

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 745, A bill for an act relating to transportation; designating the bridge over U.S. Highway 52 in the city of Coates as Corporal Benjamin S. Kopp Bridge; amending Minnesota Statutes 2016, section 161.14, by adding a subdivision.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 134 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4534

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

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.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

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

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 1654, A bill for an act relating to legislative enactments; making miscellaneous technical corrections to laws and statutes; correcting erroneous, obsolete, and omitted text and references; removing redundant, conflicting, and superseded provisions; amending Minnesota Statutes 2016, sections 10A.01, subdivision 3; 10A.20, subdivision 1b; 13.321, by adding a subdivision; 13.381, by adding a subdivision; 13.383, by adding a subdivision; 13.461, by adding a subdivision; 13.598, by adding a subdivision; 13.7191, by adding a subdivision; 15A.0825, subdivision 8; 16A.152, subdivision 1b; 43A.23, subdivision 1; 43A.316, subdivision 9; 62A.46, subdivision 7; 69.021, subdivision 10; 97A.075, subdivision 5; 97A.133, subdivision 2; 103F.601, subdivision 2; 116R.02, subdivision 4; 119B.06, subdivision 1; 124D.19, subdivision 3; 126C.05, subdivision 14; 127A.41, subdivision 8; 144.0571; 144.0722, subdivision 1; 144.0724, subdivisions 1, 2, 9; 144A.071, subdivisions 3, 4a, 4c, 4d; 144A.073, subdivision 3c; 144A.10, subdivision 4; 144A.15, subdivision 2; 144A.154; 144A.161, subdivision 10; 144A.1888; 144A.611, subdivision 1; 144D.01, subdivision 6; 146B.03, subdivision 7; 148.512, subdivision 16; 148.725, subdivision 5; 148E.280; 150A.02; 151.06, subdivision 1; 151.32; 152.25, subdivision 4; 153B.30, subdivision 2; 179A.10, subdivision 1; 204B.13, subdivisions 1, 2; 237.59, subdivision 2; 237.761, subdivision 4; 245.4835, subdivision 2; 245.493, subdivision 1; 245.62, subdivision 4; 245A.11, subdivision 2a; 245F.09, subdivision 1; 252.292, subdivision 4; 256.045, subdivisions 3b, 4; 256.0451, subdivisions 1, 3, 11, 19; 256.481; 256.9741, subdivision 7; 256.9742, subdivision 6; 256.991; 256B.02, subdivision 9; 256B.059, subdivisions 5, 6; 256B.0622, subdivisions 7b, 7d; 256B.0911, subdivisions 4d, 6; 256B.25, subdivision 3; 256B.35, subdivision 4; 256B.421, subdivision 1; 256B.50, subdivisions 1, 1c; 256B.501, subdivisions 3i, 4b; 256B.692, subdivision 6; 256B.76, subdivision 1; 256B.78; 256D.03, subdivision 2a; 256D.04; 256D.05, subdivision 1; 256D.44, subdivision 5; 256J.01, subdivision 3; 256J.21, subdivision 2; 256J.515; 260.55; 260.56; 260.57; 260C.451, subdivision 8; 270.074, subdivision 3; 273.1392; 275.71, subdivision 4; 275.72, subdivision 2; 276.04, subdivision 3; 276A.06, subdivision 10; 289A.121, subdivisions 5, 6; 290.091, subdivision 2; 290A.03, subdivision 8; 295.53, subdivision 1; 297F.10, subdivision 1; 297I.06, subdivision 3; 297I.15, subdivision 4; 298.001, by adding a subdivision; 298.24, subdivision 1; 298.28, subdivision 6; 317A.061, subdivision 2; 340A.409, subdivision 1; 354A.37, subdivision 1; 354C.11, subdivision 2; 356.215, subdivision 8; 383B.32, subdivisions 3, 4; 462C.05, subdivision 7; 473.39, subdivision 1; 518A.53, subdivision 11; 617.85; Laws 2017, chapter 3, section 1; repealing Minnesota Statutes


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4535

2016, sections 120B.365; 122A.245, subdivision 10; 124D.095, subdivision 10; 128D.055, subdivision 4; 129C.30, subdivision 5; 144A.10, subdivision 8a; 216H.077; 290A.28; Laws 2014, chapter 207, section 1; Laws 2014, chapter 227, article 2, section 1; Laws 2015, chapter 68, article 3, section 12; Laws 2016, chapter 135, article 4, section 9; Laws 2016, chapter 189, article 26, section 4.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 134 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

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.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

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

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      The following Conference Committee Reports were received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. No. 888

 

A bill for an act relating to state government; appropriating money for environment, natural resources, and tourism purposes; modifying fees; creating accounts; providing for disposition of certain receipts; modifying grant, contract, and lease provisions; modifying water safety provisions; modifying provisions to take, possess, and transport wildlife; modifying duties and authority; providing for no net gain of state lands; modifying buffer requirements; modifying wetland provisions; modifying invasive species provisions; modifying off-highway vehicle provisions; modifying permit and license requirements; modifying Petroleum Tank Release Cleanup Act; extending ban on open air swine basins; modifying environmental review; modifying Environmental Quality Board; requiring reports; requiring rulemaking; amending Minnesota Statutes 2016, sections 84.01, by adding a subdivision; 84.027,


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subdivisions 14a, 14b, by adding subdivisions; 84.788, subdivision 2; 84.793, subdivision 1; 84.82, subdivision 2; 84.925, subdivision 1; 84.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by adding a subdivision; 84D.11, by adding a subdivision; 85.052, subdivision 1; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.22, subdivision 2a; 85.32, subdivision 1; 86B.313, subdivision 1; 86B.511; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01, subdivisions 8, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision 2; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343, subdivision 9; 94.344, subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53; 97A.045, subdivision 10; 97A.075, subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421, subdivision 2a; 97B.031, subdivision 6; 97B.516; 97B.655, subdivision 1; 97C.401, subdivision 2; 97C.501, subdivision 1; 97C.701, by adding a subdivision; 103B.101, subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005, subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3; 103G.2242, subdivision 2; 103G.2372, subdivision 1; 103G.271, subdivisions 1, 6, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4; 103G.411; 114D.25, by adding a subdivision; 115B.41, subdivision 1; 115B.421; 115C.021, subdivision 1, by adding a subdivision; 116.03, subdivision 2b, by adding subdivisions; 116.07, subdivision 4d, by adding subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04, subdivision 2; 116D.04, subdivisions 2a, 10; 116D.045, subdivision 1; 160.06; 168.1295, subdivision 1; 296A.18, subdivision 6a; Laws 2013, chapter 114, article 4, section 105; Laws 2015, First Special Session chapter 4, article 4, section 136; Laws 2016, chapter 189, article 3, sections 6; 26; 46; proposing coding for new law in Minnesota Statutes, chapters 15; 85; 93; 97B; 115; 115B; repealing Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 97C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4; Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 6258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900.

 

May 8, 2017

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Michelle L. Fischbach

President of the Senate

 

We, the undersigned conferees for H. F. No. 888 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendment and that H. F. No. 888 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

 

Section 1.  ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. 

 

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


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APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  POLLUTION CONTROL AGENCY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$96,036,000

 

$91,666,000

 

Appropriations by Fund

 

 

2018

 

2019

State Government Special Revenue

 

75,000

 

75,000

Environmental

80,527,000

80,157,000

Remediation

11,434,000

11,434,000

Closed Landfill Investment

 

4,000,000

 

-0-

 

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

 

The commissioner must present the agency's biennial budget for fiscal years 2020 and 2021 to the legislature in a transparent way by agency division, including the proposed budget bill and presentations of the budget to committees and divisions with jurisdiction over the agency's budget.

 

Subd. 2.  Environmental Analysis and Outcomes

 

12,547,000

 

12,497,000

 

Appropriations by Fund

 

 

2018

 

2019

Environmental

12,366,000

12,316,000

Remediation

181,000

181,000

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

(g) $100,000 the first year and $50,000 the second year are from the environmental fund for impaired waters listing procedures required under this act.

 

Subd. 3.  Industrial

 

13,509,000

 

13,508,000

 

Appropriations by Fund

 

 

2018

 

2019

Environmental

12,979,000

12,978,000

Remediation

530,000

530,000

 

$530,000 the first year and $530,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from


Journal of the House - 51st Day - Tuesday, May 9, 2017 - Top of Page 4539

underground petroleum storage tanks and to the petroleum remediation program for vapor assessment and remediation.  These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

 

Subd. 4.  Municipal

 

6,625,000

 

6,624,000

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

Subd. 5.  Operations

 

5,339,000

 

5,040,000

 

Appropriations by Fund

 

 

2018

 

2019

Environmental

4,575,000

4,275,000

Remediation

764,000

765,000

 

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

 

(b) $400,000 the first year and $400,000 the second year are from the environmental fund to develop and maintain systems to support permitting and regulatory business processes and agency data.

 

(c) $300,000 the first year is from the environmental fund for a grant to the Metropolitan Council under Minnesota Statutes, section 116.195, for wastewater infrastructure to support waste to biofuel development.  This is a onetime appropriation and is available until June 30, 2019.

 

Subd. 6.  Remediation

 

14,645,000

 

10,644,000

 

Appropriations by Fund

 

 

2018

 

2019

Environmental

904,000

904,000

Remediation

9,741,000

9,740,000

Closed Landfill Investment

 

4,000,000

 

-0-

 

(a) All money for environmental response, compensation, and compliance in the remediation fund not otherwise appropriated is appropriated to the commissioners of the Pollution Control Agency and agriculture for purposes of Minnesota Statutes, section 115B.20, subdivision 2, clauses (1), (2), (3), (6), and (7).  At the beginning of each fiscal year, the two commissioners shall jointly submit an annual spending plan to the commissioner of


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management and budget that maximizes the use of resources and appropriately allocates the money between the two departments.  This appropriation is available until June 30, 2019.

 

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

 

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

 

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

 

(e) Notwithstanding Minnesota Statutes, section 115B.421, $4,000,000 the first year is from the closed landfill investment fund for remedial investigations, feasibility studies, engineering, and cleanup-related activities for purposes of environmental response actions at a priority qualified facility under Minnesota Statutes, section 115B.406.  By January 15, 2018, the commissioner must submit a status report 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.  This is a onetime appropriation and is available until June 30, 2019.

 

Subd. 7.  Resource Management and Assistance

 

33,137,000

 

33,119,000

 

Appropriations by Fund

 

 

2018

 

2019

State Government Special Revenue

 

75,000

 

75,000

Environmental

33,062,000

33,044,000

 

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


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(b) $500,000 the first year and $500,000 the second year are from the environmental fund for competitive recycling grants under Minnesota Statutes, section 115A.565.  This appropriation is available until June 30, 2021.  Any unencumbered grant and loan balances in the first year do not cancel but are available for grants and loans in the second year.

 

(c) $693,000 the first year and $693,000 the second year are from the environmental fund for emission reduction activities and grants to small businesses and other nonpoint emission reduction efforts.  Any unencumbered grant and loan balances in the first year do not cancel but are available for grants and loans in the second year.

 

(d) $19,750,000 the first year and $19,750,000 the second year are from the environmental fund for SCORE block grants to counties.

 

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

 

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

 

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

 

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

 

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


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

 

Subd. 8.  Watershed

 

9,220,000

 

9,220,000

 

Appropriations by Fund

 

 

2018

 

2019

Environmental

9,002,000

9,002,000

Remediation

218,000

218,000

 

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

 

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

 

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

 

Subd. 9.  Environmental Quality Board

 

1,014,000

 

1,014,000

 

(a) $511,000 the first year and $511,000 the second year are from the environmental fund for Environmental Quality Board operations and support.

 

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


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Subd. 10.  Transfers

 

 

 

 

 

(a) The commissioner shall transfer up to $34,000,000 from the environmental fund to the remediation fund for the purposes of the remediation fund under Minnesota Statutes, section 116.155, subdivision 2.

 

(b) The commissioner shall transfer $2,800,000 in fiscal year 2018 and $2,500,000 in fiscal year 2019 and each year thereafter from the environmental fund in Minnesota Statutes, section 16A.531, to the commissioner of management and budget for deposit in the general fund.

 

Sec. 3.  NATURAL RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$273,360,000

 

$270,668,000

 

Appropriations by Fund

 

 

2018

 

2019

General

79,515,000

77,173,000

Natural Resources

95,253,000

94,953,000

Game and Fish

98,292,000

98,242,000

Remediation

100,000

100,000

Permanent School

200,000

200,000

 

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

 

Subd. 2.  Land and Mineral Resources Management

 

5,646,000

 

5,646,000

 

Appropriations by Fund

 

 

2018

 

2019

General

1,710,000

1,710,000

Natural Resources

3,392,000

3,392,000

Game and Fish

344,000

344,000

Permanent School

200,000

200,000

 

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

 

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


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(c) $200,000 the first year and $200,000 the second year are from the state forest suspense account in the permanent school fund to secure maximum long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles.

 

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

 

Subd. 3.  Ecological and Water Resources

 

32,930,000

 

32,763,000

 

Appropriations by Fund

 

 

2018

 

2019

General

17,213,000

17,046,000

Natural Resources

10,826,000

10,826,000

Game and Fish

4,891,000

4,891,000

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

(i) $6,000,000 the first year and $6,000,000 the second year are from the general fund for the following activities:

 

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

 

(2) surface water monitoring and analysis, including installation of monitoring gauges;

 

(3) groundwater analysis to assist with water appropriation permitting decisions;

 

(4) permit application review incorporating surface water and groundwater technical analysis;

 

(5) precipitation data and analysis to improve the use of irrigation;

 

(6) information technology, including electronic permitting and integrated data systems; and

 

(7) compliance and monitoring.

 

(j) $167,000 the first year is for a grant to the Koronis Lake Association for purposes of removing and preventing aquatic invasive species.  This is a onetime appropriation and is available until June 30, 2022.

 

(k) $250,000 the first year and $250,000 the second year are from the water management account in the natural resources fund for economic impact analysis of groundwater management area and water appropriation permit plans required under Minnesota Statutes, sections 103G.271, subdivision 8, and 103G.287, subdivision 4.

 

(l) $410,000 the first year and $410,000 the second year are from the heritage enhancement account in the game and fish fund for grants to the Minnesota Aquatic Invasive Species Research Center at the University of Minnesota to prioritize, support, and develop


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research-based solutions that can reduce the effects of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems and to advance knowledge to inspire action by others.

 

Subd. 4.  Forest Management

 

45,781,000

 

45,281,000

 

Appropriations by Fund

 

 

2018

 

2019

General

28,350,000

28,350,000

Natural Resources

16,144,000

15,644,000

Game and Fish

1,287,000

1,287,000

 

(a) $7,145,000 the first year and $7,145,000 the second year are for prevention, presuppression, and suppression costs of emergency firefighting and other costs incurred under Minnesota Statutes, section 88.12.  The amount necessary to pay for presuppression and suppression costs during the biennium is appropriated from the general fund.  By January 15 of each year, the commissioner of natural resources shall submit a report to the chairs and ranking minority members of the house and senate committees and divisions having jurisdiction over environment and natural resources finance, identifying all firefighting costs incurred and reimbursements received in the prior fiscal year.  These appropriations may not be transferred.  Any reimbursement of firefighting expenditures made to the commissioner from any source other than federal mobilizations must be deposited into the general fund.

 

(b) $11,644,000 the first year and $11,644,000 the second year are from the forest management investment account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 89.039, subdivision 2.

 

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

 

(d) $780,000 the first year and $780,000 the second year are for the Forest Resources Council to implement the Sustainable Forest Resources Act.

 

(e) $500,000 the first year is from the forest management investment account in the natural resources fund for a study of the ability to sustainably harvest at least 1,000,000 cords of wood annually on state-administered forest lands.  No later than January 2, 2018, the commissioner must report the study's findings to the legislative committees with jurisdiction over environment and natural resources policy and finance.  This is a onetime appropriation.


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(f) $2,000,000 the first year and $2,000,000 the second year are from the forest management investment account in the natural resources fund for state forest reforestation.  The base from the forest management investment account in the natural resources fund for fiscal year 2020 and later is $1,250,000.

 

(g) $2,000,000 the first year and $2,000,000 the second year are from the forest management investment account in the natural resources fund for the Next Generation Core Forestry data system.  The appropriation is available until June 30, 2021.  The base from the forest management investment account in the natural resources fund for fiscal year 2020 and later is $500,000.

 

(h) The base for the natural resources fund in fiscal year 2020 and later is $13,394,000.

 

Subd. 5.  Parks and Trails Management

 

79,805,000

 

79,750,000

 

Appropriations by Fund

 

 

2018

 

2019

General

25,182,000

24,927,000

Natural Resources

52,350,000

52,550,000

Game and Fish

2,273,000

2,273,000

 

(a) $1,075,000 the first year and $1,075,000 the second year are from the water recreation account in the natural resources fund for enhancing public water-access facilities.

 

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

 

(c) $17,350,000 the first year and $17,750,000 the second year are from the state parks account in the natural resources fund for state park and state recreation area operation and maintenance.

 

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


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

 

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

 

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

 

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

 

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

 

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

 

(2) completion of wetland delineation and wetland permitting;

 

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

 

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

 

This is a onetime appropriation and is available until June 30, 2020.


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

 

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

 

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

 

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

 

Subd. 6.  Fish and Wildlife Management

 

67,581,000

 

67,531,000

 

Appropriations by Fund

 

 

2018

 

2019

Natural Resources

1,912,000

1,912,000

Game and Fish

65,669,000

65,619,000

 

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

 

(b) $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


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

 

Subd. 7.  Enforcement

 

39,377,000

 

39,377,000

 

Appropriations by Fund

 

 

2018

 

2019

General

5,140,000

5,140,000

Natural Resources

10,309,000

10,309,000

Game and Fish

23,828,000

23,828,000

Remediation

100,000

100,000

 

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

 

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

 

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

 

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

 

(e) $250,000 the first year and $250,000 the second year are from the all-terrain vehicle account for grants to qualifying organizations to assist in safety and environmental education and monitoring trails on public lands under Minnesota Statutes, section 84.9011.  Grants issued under this paragraph must be issued through


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a formal agreement with the organization.  By December 15 each year, an organization receiving a grant under this paragraph shall report to the commissioner with details on expenditures and outcomes from the grant.  Of this appropriation, $25,000 each year is for administration of these grants.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

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

 

(g) $1,000,000 each year is for recruiting, training, and maintaining additional conservation officers.

 

(h) The commissioner may hold a conservation officer academy if necessary.

 

Subd. 8.  Operations Support

 

1,920,000

 

0

 

$1,920,000 the first year is available for legal costs.  Of this amount, up to $500,000 may be transferred to the Minnesota Pollution Control Agency.  This is a onetime appropriation and is available until June 30, 2021.

 

Subd. 9.  Pass Through Funds

 

320,000

 

320,000

 

Appropriations by Fund

 

 

2018

 

2019

Natural Resources

320,000

320,000

 

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


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Subd. 10.  Cancellation

 

 

 

 

 

The remaining amount of the general fund appropriation in Laws 2016, chapter 189, article 3, section 3, subdivision 3, for a grant to the Koronis Lake Association, estimated to be $167,000, is canceled on June 30, 2017.

 

This subdivision is effective the day following final enactment.

 

Sec. 4.  BOARD OF WATER AND SOIL RESOURCES

$13,829,000

 

$13,529,000

 

(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.

 

(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.


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(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.

 

(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.

 

(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) $3,898,000 the first year and $3,898,000 the second year are for Board of Water and Soil Resources agency administration and operations.

 

(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.


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

 

(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 08-10 Grant Monitoring.

 

Sec. 5.  METROPOLITAN COUNCIL

 

$8,540,000

 

$8,540,000

 

Appropriations by Fund

 

 

2018

 

2019

General

2,540,000

2,540,000

Natural Resources

6,000,000

6,000,000

 

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

 

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

 

Sec. 6.  CONSERVATION CORPS MINNESOTA

 

$945,000

 

$945,000

 

Appropriations by Fund

 

 

2018

 

2019

General

455,000

455,000

Natural Resources

490,000

490,000

 

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

 

Sec. 7.  ZOOLOGICAL BOARD

 

$8,610,000

 

$8,610,000

 

Appropriations by Fund

 

 

2018

 

2019

General

8,450,000

8,450,000

Natural Resources

160,000

160,000


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

 

Sec. 8.  SCIENCE MUSEUM

 

$1,079,000

 

$1,079,000

 

Sec. 9.  ADMINISTRATION

 

$800,000

 

$300,000

 

(a) $300,000 the first year and $300,000 the second year are from the state forest suspense account in the permanent school fund for the school trust lands director.  This appropriation is to be used for securing long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles.

 

(b) $500,000 the first year is from the state forest suspense account in the permanent school fund for the school trust lands director to initiate the private sale of surplus school trust lands identified according to Minnesota Statutes, section 92.82, paragraph (d), including but not limited to valuation expenses, legal fees, and transactional staff costs.  This is a onetime appropriation and is available until June 30, 2019.

 

Sec. 10.  EXPLORE MINNESOTA TOURISM

 

$15,148,000

 

$14,248,000

 

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

 

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

 

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

 

(d) $900,000 the first year is for the major events grant program.  This is a onetime appropriation and is available until June 30, 2021.


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Sec. 11.  REVENUE

 

$0

 

$2,300,000

 

$2,300,000 the second year is for riparian protection aid payments under Minnesota Statutes, section 477A.21.

 

Sec. 12.  Laws 2016, chapter 189, article 3, section 6, is amended to read:

 

Sec. 6.  ADMINISTRATION

 

$250,000

 

$-0-

 

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

 

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

 

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES

 

Section 1.  Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision 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.

 

Sec. 2.  Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:

 

Subd. 14a.  Permitting efficiency; public notice.  (a) It is the goal of the state that environmental and resource management permits be issued or denied within 90 days for Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application.  The commissioner of natural resources shall establish management systems designed to achieve the goal.

 

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

 

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

 

(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject to paragraph (a), the commissioner of natural resources shall notify the project proposer permit applicant, in writing, whether the application is complete or incomplete.  If the commissioner determines that an application is incomplete, the notice


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to the applicant must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, and advise the applicant on how the deficiencies can be remedied.  If the commissioner determines that the application is complete, the notice must confirm the application's Tier 1 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2 permit, provide the permit applicant with a schedule for reviewing the permit application.  This paragraph does not apply to an application for a permit that is subject to a grant or loan agreement under chapter 446A.

 

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

 

Sec. 3.  Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:

 

Subd. 14b.  Expediting costs; reimbursement.  Permit applicants who wish to construct, reconstruct, modify, or operate a facility needing any permit from the commissioner of natural resources to construct, reconstruct, or modify a project or to operate a facility may offer to reimburse the department for the reasonable 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 commissioner determines that additional resources are needed to develop the permit application in an expedited manner, and that expediting the development is consistent with permitting program priorities, the commissioner may accept the reimbursement.  The commissioner must give the permit applicant an estimate of costs for the expedited service to be incurred by the commissioner.  The estimate must include a brief description of the tasks to be performed, a schedule for completing the tasks, and the estimated cost for each task.  The proposer and the commissioner shall enter into a written agreement detailing the estimated costs for the expedited service to be incurred by the department and any recourse available to the applicant if the department fails to comply with the schedule.  The agreement must also identify staff anticipated to be assigned to the project and describe the commissioner's commitment to making assigned staff available for the project until the permit decision is made.  The commissioner must not issue a permit until the applicant has paid all fees in full.  The commissioner must refund any unobligated balance of fees paid.  Reimbursements accepted by the commissioner are appropriated to the commissioner for the purpose of developing the permit or analyzing environmental review documents.  Reimbursement by a permit applicant shall precede and not be contingent upon issuance of a permit; shall not affect the commissioner's decision on whether to issue or deny a permit, what conditions are included in a permit, or the application of state and federal statutes and rules governing permit determinations; and shall not affect final decisions regarding environmental review.

 

Sec. 4.  Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to read:

 

Subd. 14c.  Irrevocability, suspensions, or expiration of permits; environmental review.  (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate money to the commissioner of natural resources for environmental review and permitting activities of the Department of Natural Resources:

 

(1) a permit granted by the commissioner may not be terminated or suspended for the term of the permit nor shall it expire without the consent of the permittee, except for breach or nonperformance of any condition of the permit by the permittee that is an imminent threat to impair or destroy the environment or injure the health, safety, or welfare of the citizens of the state; and

 

(2) environmental review and permit application work on environmental review and permits filed before July 1 of that year must not be suspended or terminated.


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(b) Paragraph (a), clause (1), applies until legislation appropriating money to the commissioner for the environmental review and permitting activities is enacted.

 

Sec. 5.  Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to read:

 

Subd. 14d.  Unadopted rules.  (a) The commissioner of natural resources must not enforce or attempt to enforce an unadopted rule.  For the purposes of this subdivision, "unadopted rule" means a guideline, bulletin, criterion, manual standard, interpretive statement, or similar pronouncement, if the guideline, bulletin, criterion, manual standard, interpretive statement, or similar pronouncement meets the definition of a rule as defined under section 14.02, subdivision 4, but has not been adopted according to the rulemaking process provided under chapter 14.  If an unadopted rule is challenged under section 14.381, the commissioner must overcome a presumption against the unadopted rule.

 

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

 

Sec. 6.  Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:

 

Subd. 2.  Exemptions.  Registration is not required for off-highway motorcycles:

 

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

 

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

 

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

 

(4) used exclusively in organized track racing events;

 

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

 

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

 

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

 

Sec. 7.  Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:

 

Subdivision 1.  Prohibitions on youthful operators.  (a) A person six years or older but less than 16 years of age operating an off-highway motorcycle on public lands or waters must possess a valid off-highway motorcycle safety certificate issued by the commissioner.

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 8.  Minnesota Statutes 2016, section 84.8031, is amended to read:

 

84.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.

 

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

 

Sec. 9.  Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:

 

Subd. 2.  Application, issuance, issuing fee.  (a) Application for registration or reregistration shall be made to the commissioner or an authorized deputy registrar of motor vehicles in a format prescribed by the commissioner and shall state the legal name and address of every owner of the snowmobile.

 

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

 

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


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

 

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

 

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

 

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

 

Sec. 10.  Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:

 

Subdivision 1.  Program established.  (a) The commissioner shall establish a comprehensive all-terrain vehicle environmental and safety education and training program, including the preparation and dissemination of vehicle information and safety advice to the public, the training of all-terrain vehicle operators, and the issuance of all‑terrain vehicle safety certificates to vehicle operators over the age of 12 years who successfully complete the all‑terrain vehicle environmental and safety education and training course.  A parent or guardian must be present at the hands-on training portion of the program for youth who are six through ten years of age.

 

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

 

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

 

Sec. 11.  Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(e) A person at least 11 six years of age may take the safety education and training program and may receive an all-terrain vehicle safety certificate under paragraph (d), but the certificate is not valid until the person reaches age 12.

 

(f) A person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 90cc 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.


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(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. 12.  Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read:

 

Subd. 2.  Helmet and seat belts required.  (a) A person less than 18 years of age shall not ride as a passenger or as an operator of an all-terrain vehicle on public land, public waters, or on a public road right-of-way unless wearing a safety helmet approved by the commissioner of public safety.

 

(b) A person less than 18 years of age shall not ride as a passenger or as an operator of a class 2 an all-terrain vehicle without wearing a seat belt when provided by the manufacturer.

 

Sec. 13.  Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:

 

Subd. 2.  Standards.  (a) An appropriation for asset preservation may be used only for a capital expenditure on a capital asset previously owned by the state, within the meaning of generally accepted accounting principles as applied to public expenditures.  The commissioner of natural resources will consult with the commissioner of management and budget to the extent necessary to ensure this and will furnish the commissioner of management and budget a list of projects to be financed from the account in order of their priority.  The legislature assumes that many projects for preservation and replacement of portions of existing capital assets will constitute betterments and capital improvements within the meaning of the Constitution and capital expenditures under generally accepted accounting principles, and will be financed more efficiently and economically under this section than by direct appropriations for specific projects.

 

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

 

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

 

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

 

Sec. 14.  Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to read:

 

Subd. 4.  Priorities; report.  The commissioner of natural resources must establish priorities for natural resource asset preservation and replacement projects.  By January 15 each year, the commissioner must submit to the commissioner of management and budget a list of the projects that have been paid for with money from a natural resource asset preservation and replacement appropriation during the preceding calendar year.


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Sec. 15.  Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:

 

Subd. 3.  Training and mentoring.  The commissioner must develop and implement a training program that adequately prepares Minnesota Naturalist Corps members for the tasks assigned.  Each corps member shall be is assigned a state park an interpretive naturalist as a mentor.

 

Sec. 16.  Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:

 

Subd. 4.  Uniform patch pin.  Uniforms worn by members of the Minnesota Naturalist Corps must have a patch pin that includes the name of the Minnesota Naturalist Corps and information that the program is funded by the clean water, land, and legacy amendment to the Minnesota Constitution adopted by the voters in November 2008.

 

Sec. 17.  Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:

 

Subd. 5.  Eligibility.  A person is eligible to enroll in the Minnesota Naturalist Corps if the person:

 

(1) is a permanent resident of the state;

 

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

 

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

 

Sec. 18.  Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:

 

Subd. 6.  Corps member status.  Minnesota Naturalist Corps members are not eligible for unemployment benefits if their services are excluded under section 268.035, subdivision 20, and are not eligible for other benefits except workers' compensation.  The corps members are not employees of the state within the meaning of section 43A.02, subdivision 21.

 

Sec. 19.  Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:

 

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

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

This paragraph expires December 1, 2017.

 

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

 

(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.

 

Sec. 20.  Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:

 

Subd. 4.  Commercial fishing and turtle, frog, and crayfish harvesting restrictions in infested and noninfested waters.  (a) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.  If a commercial licensee operates in an infested water listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, 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 permit may authorize department staff to remove tags after the gear is decontaminated.  This tagging requirement does not apply to commercial fishing equipment used in Lake Superior.


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

 

Subdivision 1.  Classes.  The commissioner shall, as provided in this chapter, classify nonnative species of aquatic plants and wild animals, including subspecies, genotypes, cultivars, hybrids, or genera of nonnative species, according to the following categories:

 

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

 

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

 

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

 

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

 

Sec. 22.  Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:

 

Subdivision 1.  Prohibited activities.  A person may not possess, import, purchase, sell, propagate, transport, or introduce a prohibited invasive species, except:

 

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

 

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

 

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

 

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

 

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

 

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


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

 

(7) (8) as the commissioner may otherwise prescribe by rule.

 

Sec. 23.  Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:

 

Subd. 2a.  Lake Minnetonka pilot study.  (a) The commissioner may issue an additional permit to service providers to return to Lake Minnetonka water-related equipment with zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired.  The permit must include verification and documentation requirements and any other conditions the commissioner deems necessary.

 

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

 

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

 

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

 

(e) This subdivision expires December 1, 2018 2019.

 

Sec. 24.  Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 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 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. 25.  Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 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 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. 26.  Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to read:

 

Subd. 1a.  Permit for invasive carp.  The commissioner may issue a permit to departmental divisions for tagging bighead, black, grass, or silver carp for research or control.  Under the permit, the carp may be released into the water body from which the carp was captured.  This subdivision expires December 31, 2021.

 

Sec. 27.  [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.

 

The commissioner may by contract, concession agreement, or lease, authorize the use of golf carts on the golf course at Fort Ridgely State Park.

 

Sec. 28.  Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read:

 

Subdivision 1.  Authority to establish.  (a) The commissioner may establish, by written order, provisions for the use of state parks for the following:

 

(1) special parking space for automobiles or other motor-driven vehicles in a state park or state recreation area;

 

(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces, for the use of the individual charged for the space or facility;

 

(3) improvement and maintenance of golf courses already established in state parks, and charging reasonable use fees; and

 

(4) providing water, sewer, and electric service to trailer or tent campsites and charging a reasonable use fee.

 

(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and the rulemaking provisions of chapter 14.  Section 14.386 does not apply.

 

(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or building with furnishings for overnight use.

 

Sec. 29.  Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:

 

Subd. 8.  Free permit; military personnel; exemption.  (a) A one-day permit, Annual permits under subdivision 4, shall 1 must be issued without a fee for a motor vehicle being used by a person who is serving in to active military service personnel in any branch or unit of the United States armed forces and who is stationed outside Minnesota, during the period of active service and for 90 days immediately thereafter, if the or their dependents and to recipients of a Purple Heart medal.  To qualify for a free permit under this subdivision, a person presents the person's current military orders must present qualifying military identification or an annual pass for the United States military issued through the National Parks and Federal Recreational Lands Pass program to the park attendant on duty or other designee of the commissioner.


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

 

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

 

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

 

Sec. 30.  Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:

 

Subd. 10.  Free entrance permit; disabled veterans.  (a) The commissioner shall issue an annual park permit for no charge to any veteran with a total and permanent service-connected disability, and a daily park permit to any resident veteran with any level of service-connected disability, as determined by the United States Department of Veterans Affairs, who presents each year a copy of the veteran's determination letter or other official form of validation issued by the United States Department of Veterans Affairs or the United States Department of Defense to a park attendant or commissioner's designee.  For the purposes of this section subdivision, "veteran" has the meaning given in section 197.447.

 

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

 

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

 

Sec. 31.  Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to read:

 

Subd. 19.  Fort Ridgely golf course.  The commissioner may by contract, concession agreement, or lease waive a state park permit and associated fee for motor vehicle entry or parking for persons playing golf at the Fort Ridgely State Park golf course provided that the contract, concession agreement, or lease payment to the state is set, in part, to compensate the state park system for the loss of the state park fees.

 

Sec. 32.  Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read:

 

Subdivision 1.  Fees.  The fee for state park permits for:

 

(1) an annual use of state parks is $25 $35;

 

(2) a second or subsequent vehicle state park permit is $18 $26;

 

(3) a state park permit valid for one day is $5 $7;

 

(4) a daily vehicle state park permit for groups is $3 $5;

 

(5) an annual permit for motorcycles is $20 $30;

 

(6) an employee's state park permit is without charge; and


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(7) a state park permit for persons with disabilities under section 85.053, subdivision 7, paragraph (a), clauses (1) to (3), is $12.

 

The fees specified in this subdivision include any sales tax required by state law.

 

Sec. 33.  Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:

 

Subd. 2a.  Receipts, appropriation.  All receipts derived from the rental or sale of state park items, tours at Forestville Mystery Cave State Park, interpretation programs, educational programs, and operation of Douglas Lodge shall be deposited in the state treasury and be credited to the state parks working capital account.  Receipts and expenses from Douglas Lodge shall be tracked separately within the account.  Money in the account is annually appropriated for the purchase and payment of expenses attributable to items for resale or rental and operation of Douglas Lodge.  Any excess receipts in this account are annually appropriated for state park management and interpretive programs.

 

Sec. 34.  Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:

 

Subdivision 1.  Areas marked Designation.  The commissioner of natural resources is authorized in cooperation with local units of government and private individuals and groups when feasible to mark manage state water trails on the Lake Superior water trail under section 85.0155 and on the following rivers, which have historic, recreational, and scenic values:  Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, and Vermilion in St. Louis County, North Fork of the Crow, and South Fork of the Crow Rivers, which have historic and scenic values, and to mark appropriately.  The commissioner may map and sign points of interest, public water access sites, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other serious hazards that are dangerous to canoe, kayak, and watercraft travelers.  The commissioner may maintain passageway for watercraft on state water trails.

 

Sec. 35.  [85.47] SPECIAL USE PERMITS; FEES.

 

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

 

Sec. 36.  Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:

 

Subd. 2.  Exemptions.  A watercraft license is not required for:

 

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

 

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

 

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


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(4) a ship's lifeboat;

 

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

 

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

 

(7) a rice boat during the harvest season;

 

(8) a seaplane;

 

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

 

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

 

Sec. 37.  Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:

 

Subdivision 1.  General requirements.  (a) In addition to requirements of other laws relating to watercraft, a person may not operate or permit the operation of a personal watercraft:

 

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

 

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

 

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

 

(i) a shoreline;

 

(ii) a dock;

 

(iii) a swimmer;

 

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

 

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

 

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

 

(i) an observer is on board; or

 

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

 

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

 

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


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(7) to chase or harass wildlife;

 

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

 

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

 

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

 

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

 

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

 

Sec. 38.  Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:

 

Subd. 3.  Allocation of funding.  (a) Notwithstanding section 16A.41, expenditures directly related to each appropriation's purpose made on or after January 1 of the fiscal year in which the grant is made or the date of work plan approval, whichever is later, are eligible for reimbursement unless otherwise provided.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 39.  Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read:

 

Subd. 28.  Prescribed burn.  "Prescribed burn" means a fire that is intentionally ignited, managed, and controlled for the purpose of managing forests, prairies, or wildlife habitats by an entity meeting certification requirements established by the commissioner for the purpose of managing vegetation.  A prescribed burn that has exceeded its prescribed boundaries and requires immediate suppression action by a local fire department or other agency with wildfire suppression responsibilities is considered a wildfire.


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Sec. 40.  Minnesota Statutes 2016, section 88.523, is amended to read:

 

88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.

 

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

 

Sec. 41.  Minnesota Statutes 2016, section 89.39, is amended to read:

 

89.39 PURCHASE AGREEMENTS AND PENALTIES.

 

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

 

Sec. 42.  Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to read:

 

Subd. 1a.  Affiliate.  "Affiliate" means a person who:

 

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

 

(2) bids as a representative for another person.

 

Sec. 43.  Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:

 

Subd. 8.  Permit holder.  "Permit holder" means the person or affiliate of the person who is the signatory of a permit to cut timber on state lands.

 

Sec. 44.  Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:

 

Subd. 12.  Responsible bidder.  "Responsible bidder" means a person or affiliate of a person who is financially responsible; demonstrates the judgment, skill, ability, capacity, and integrity requisite and necessary to perform according to the terms of a permit issued under this chapter; and is not currently debarred by another a government entity for any cause.


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Sec. 45.  Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:

 

Subd. 2.  Trespass on state lands.  The commissioner may compromise and settle, with notification to the attorney general, upon terms the commissioner deems just, any claim of the state for casual and involuntary trespass upon state lands or timber; provided that no claim shall be settled for less than the full value of all timber or other materials taken in casual trespass or the full amount of all actual damage or loss suffered by the state as a result.  Upon request, the commissioner shall advise the Executive Council of any information acquired by the commissioner concerning any trespass on state lands, giving all details and names of witnesses and all compromises and settlements made under this subdivision.

 

Sec. 46.  Minnesota Statutes 2016, section 90.051, is amended to read:

 

90.051 SUPERVISION OF SALES; BOND.

 

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

 

Sec. 47.  Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:

 

Subd. 2.  Sale list and notice.  At least 30 days before the date of sale, the commissioner shall compile a list containing a description of each tract of land upon which any timber to be offered is situated and a statement of the estimated quantity of timber and of the appraised price of each kind of timber thereon as shown by the report of the state appraiser.  No description shall be added after the list is posted and no timber shall be sold from land not described in the list.  Copies of the list shall must be furnished to all interested applicants.  At least 30 days before the date of sale, a copy of the list shall must be posted on the Internet or conspicuously posted in the forest office or other public facility most accessible to potential bidders at least 30 days prior to the date of sale.  The commissioner shall cause a notice to be published once not less than one week before the date of sale in a legal newspaper in the county or counties where the land is situated.  The notice shall state the time and place of the sale and the location at which further information regarding the sale may be obtained.  The commissioner may give other published or posted notice as the commissioner deems proper to reach prospective bidders.

 

Sec. 48.  Minnesota Statutes 2016, section 90.14, is amended to read:

 

90.14 AUCTION SALE PROCEDURE.

 

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

 

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

 

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state timber may, at the time of payment by the purchaser to the commissioner of 15 percent of the appraised value, elect in writing on a form format prescribed by the attorney general commissioner to purchase a permit based solely on the appraiser's estimate of the volume of timber described in the permit, provided that the commissioner has expressly designated the


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availability of such option for that tract on the list of tracts available for sale as required under section 90.101.  A purchaser who elects in writing on a form format prescribed by the attorney general commissioner to purchase a permit based solely on the appraiser's estimate of the volume of timber described on the permit does not have recourse to the provisions of section 90.281.

 

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

 

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

 

Sec. 49.  Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:

 

Subd. 2.  Purchaser registration.  To facilitate the sale of permits issued under section 90.151, the commissioner may establish a registration system to verify the qualifications of a person or affiliate as a responsible bidder to purchase a timber permit.  Any system implemented by the commissioner shall be limited in scope to only that information that is required for the efficient administration of the purchaser qualification requirements of this chapter.  The registration system established under this subdivision is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

 

Sec. 50.  Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:

 

Subdivision 1.  Issuance; expiration.  (a) Following receipt of the down payment for state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered permit to the purchaser, in a form format approved by the attorney general commissioner, by the terms of which the purchaser shall be is authorized to enter upon the land, and to cut and remove the timber therein described in the permit as designated for cutting in the report of the state appraiser, according to the provisions of this chapter.  The permit shall must be correctly dated and executed by the commissioner and signed by the purchaser.  If a permit is not signed by the purchaser within 45 days from the date of purchase, the permit cancels and the down payment for timber required under section 90.14 forfeits to the state.  The commissioner may grant an additional period for the purchaser to sign the permit, not to exceed ten business days, provided the purchaser pays a $200 penalty fee.

 

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

 

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


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Sec. 51.  Minnesota Statutes 2016, section 90.162, is amended to read:

 

90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.

 

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

 

Sec. 52.  Minnesota Statutes 2016, section 90.252, is amended to read:

 

90.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES; FEES.

 

Subdivision 1.  Scaling agreement.  The commissioner may enter into an agreement with either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling of the cut timber and the collection of the payment for the same can be consummated by the state.  Such an The agreement shall must be approved as to form and content by the attorney general commissioner and shall must provide for a bond or cash in lieu of a bond and such other safeguards as are necessary to protect the interests of the state.  The scaling and payment collection procedure may be used for any state timber sale, except that no permittee who is also the consumer shall both cut and scale the timber sold unless such the scaling is supervised by a state scaler.

 

Subd. 2.  Weight measurement services; fees.  The commissioner may enter into an agreement with the owner or operator of any weight scale inspected, tested, and approved under chapter 239 to provide weight measurements for the scaling of state timber according to section 90.251.  The agreement shall must be on a form in a format prescribed by the attorney general commissioner, shall become a becomes part of the official record of any state timber permit so scaled, and shall must contain safeguards that are necessary to protect the interests of the state.  Except as otherwise provided by the commissioner, the cost of any agreement to provide weight measurement of state timber shall must be paid by the permit holder of any state timber permit so measured and the cost shall must be included in the statement of the amount due for the permit under section 90.181, subdivision 1.

 

Sec. 53.  Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:

 

Subd. 2.  Lease requirements.  All leases for nonferrous metallic minerals or petroleum must be approved by the Executive Council, and any other mineral lease issued pursuant to this section that covers 160 or more acres must be approved by the Executive Council.  The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by the commissioner according to rules adopted by the commissioner, but no lease shall be for a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall be fully set forth in each lease issued.  No lease shall be canceled by the state for failure to meet production requirements prior to the 36th year of the lease.  The rents and royalties shall be credited to the funds as provided in section 93.22.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to leases in effect or issued on or after that date.

 

Sec. 54.  Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:

 

Subd. 4.  Administration and enforcement.  The commissioner shall administer and enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto.  In so doing the commissioner may (1) conduct such investigations and inspections as the commissioner deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon any parts of the mining areas in connection with any such investigation and inspection without liability to the operator or landowner provided that reasonable prior notice of intention to do so shall have been given the operator


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or landowner; (3) conduct such research or enter into contracts related to mining areas and the reclamation thereof as may be necessary to carry out the provisions of sections 93.46 to 93.50; and (4) allocate surplus wetland credits that are approved by the commissioner under a permit to mine on or after July 1, 1991, and that are not otherwise deposited in a state wetland bank.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 1991.

 

Sec. 55.  Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read:

 

Subd. 2.  Commissioner's review; hearing; burden of proof.  Within 120 days after receiving the an application, or after receiving additional information requested, or after holding a hearing as provided in this section the commissioner has deemed complete and filed, the commissioner shall grant the permit applied for, with or without modifications or conditions, or deny the application unless a contested case hearing is requested under section 93.483.  If written objections to the proposed application are filed with the commissioner within 30 days after the last publication required pursuant to this section or within seven days after publication in the case of an application to conduct lean ore stockpile removal, by any person owning property which will be affected by the proposed operation or by any federal, state, or local governmental agency having responsibilities affected by the proposed operations, a public hearing shall be held by the commissioner in the locality of the proposed operations within 30 days of receipt of such written objections and after appropriate notice and publication of the date, time, and location of the hearing.  The commissioner's decision to grant the permit, with or without modifications, or deny the application constitutes a final order for purposes of section 93.50.  The commissioner in granting a permit with or without modifications shall determine that the reclamation or restoration planned for the operation complies with lawful requirements and can be accomplished under available technology and that a proposed reclamation or restoration technique is practical and workable under available technology.  The commissioner may hold public meetings on the application.

 

Sec. 56.  [93.483] CONTESTED CASE.

 

Subdivision 1.  Petition for contested case hearing.  Any person owning property that is adjacent to the proposed operation or any federal, state, or local government having responsibilities affected by the proposed operation identified in the application for a permit to mine under section 93.481 may file a petition with the commissioner to hold a contested case hearing on the completed application.  To be considered by the commissioner, a petition must be submitted in writing, must contain the information specified in subdivision 2, and must be submitted to the commissioner within 30 days after the application is deemed complete and filed.  In addition, the commissioner may, on the commissioner's own motion, order a contested case hearing on the completed application.

 

Subd. 2.  Petition contents.  (a) A petition for a contested case hearing must include the following information:

 

(1) a statement of reasons or proposed findings supporting the commissioner's decision to hold a contested case hearing pursuant to the criteria in subdivision 3; and

 

(2) a statement of the issues proposed to be addressed by a contested case hearing and the specific relief requested or resolution of the matter.

 

(b) To the extent known by the petitioner, a petition for a contested case hearing may also include:

 

(1) a proposed list of prospective witnesses to be called, including experts, with a brief description of the proposed testimony or a summary of evidence to be presented at a contested case hearing;


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(2) a proposed list of publications, references, or studies to be introduced and relied upon at a contested case hearing; and

 

(3) an estimate of time required for the petitioner to present the matter at a contested case hearing.

 

(c) A petitioner is not bound or limited to the witnesses, materials, or estimated time identified in the petition if the requested contested case is granted by the commissioner.

 

(d) Any person may serve timely responses to a petition for a contested case hearing.  The commissioner shall establish deadlines for responses to be submitted.

 

Subd. 3.  Commissioner's decision to hold hearing.  The commissioner may grant the petition to hold a contested case hearing or order upon the commissioner's own motion that a contested case hearing be held if the commissioner finds that:

 

(1) there is a material issue of fact in dispute concerning the completed application before the commissioner;

 

(2) the commissioner has jurisdiction to make a determination on the disputed material issue of fact; and

 

(3) there is a reasonable basis underlying a disputed material issue of fact so that a contested case hearing would allow the introduction of information that would aid the commissioner in resolving the disputed facts in order to make a final decision on the completed application.

 

Subd. 4.  Hearing upon demand of applicant.  If the commissioner denies an application, the applicant may, within 30 days after receipt of the commissioner's order denying the application, file a demand for a contested case.

 

Subd. 5.  Scope of hearing.  If the commissioner decides to hold a contested case hearing, the commissioner shall identify the issues to be resolved and limit the scope and conduct of the hearing in accordance with applicable law, due process, and fundamental fairness.  The commissioner may, before granting or ordering a contested case hearing, develop a proposed permit or permit conditions to inform the contested case.  The contested case hearing must be conducted in accordance with sections 14.57 to 14.62.  The final decision by the commissioner to grant, with or without modifications or conditions, or deny the application after a contested case shall constitute a final order for purposes of section 93.50.

 

Subd. 6.  Consistency with administrative rules.  The commissioner shall construe the administrative procedures under Minnesota Rules, parts 6130.4800 and 6132.4000, in a manner that is consistent with this section.  To the extent any provision of Minnesota Rules, parts 6130.4800 and 6132.4000, conflicts with this section, this section controls.

 

Sec. 57.  Minnesota Statutes 2016, section 93.50, is amended to read:

 

93.50 APPEAL.

 

Any person aggrieved by any final order, ruling, or decision of the commissioner may appeal seek judicial review of such order, ruling, or decision in the manner provided in chapter 14 under sections 14.63 to 14.69.

 

Sec. 58.  Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:

 

Subd. 9.  Approval by attorney general commissioner.  No exchange of class A land shall be consummated unless the attorney general shall have given an opinion in writing commissioner determines that the title to the land proposed to be conveyed to the state is good and marketable, free from all liens and, with all encumbrances


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identified except reservations herein authorized.  The commissioner may use title insurance to aid in the title determination.  If required by the attorney general commissioner, the landowner shall must submit an abstract of title and make and file with the commissioner an affidavit as to possession of the land, improvements, liens, and encumbrances thereon, and other matters affecting the title.

 

Sec. 59.  Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:

 

Subd. 9.  Approval of county attorney.  No exchange of class B land shall be consummated unless the title to the land proposed to be exchanged therefor shall is first be approved by the county attorney in like manner as provided for approval by the attorney general commissioner in case of class A land.  The county attorney's opinion on the title shall be is subject to approval by the attorney general commissioner.

 

Sec. 60.  Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision to read:

 

Subd. 35a.  Portable shelter.  "Portable shelter" means a fish house, dark house, or other shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is disassembled for transportation.

 

Sec. 61.  Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:

 

Subd. 39.  Protected wild animals.  "Protected wild animals" are the following wild animals:  means big game, small game, game fish, rough fish, minnows, leeches, alewives, ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs, turtles, clams, mussels, wolf, mourning doves, bats, snakes, salamanders, lizards, any animal species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 6134, and wild animals that are protected by a restriction in the time or manner of taking, other than a restriction in the use of artificial lights, poison, or motor vehicles.

 

Sec. 62.  Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:

 

Subd. 43.  Rough fish.  "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin, burbot, cisco, gar, goldeye, and bullhead, except for any fish species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 6134.

 

Sec. 63.  Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:

 

Subd. 45.  Small game.  "Small game" means game birds, gray squirrel, fox squirrel, cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, short-tailed weasel, long-tailed weasel, wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink, otter, and beaver.

 

Sec. 64.  Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:

 

Subd. 52.  Unprotected birds.  "Unprotected birds" means English sparrow, blackbird, starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge, quail other than bobwhite quail, and mute swan.

 

Sec. 65.  Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:

 

Subd. 53.  Unprotected wild animals.  "Unprotected wild animals" means wild animals that are not protected wild animals including weasel, coyote, plains pocket gopher, porcupine, striped skunk, and unprotected birds, except any animal species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 6134.


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Sec. 66.  Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:

 

Subd. 10.  Reciprocal agreements on violations.  The commissioner, with the approval of the attorney general, may enter into reciprocal agreements with game and fish authorities in other states and the United States government to provide for:

 

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

 

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

 

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

 

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

 

Sec. 67.  Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read:

 

Subd. 2.  Receipts.  The commissioner of management and budget shall credit to the game and fish fund all money received under the game and fish laws and all income from state lands acquired by purchase or gift for game or fish purposes, including receipts from:

 

(1) licenses and permits issued;

 

(2) fines and forfeited bail;

 

(3) sales of contraband, wild animals, and other property under the control of the division, except as provided in section 97A.225, subdivision 8, clause (2);

 

(4) fees from advanced education courses for hunters and trappers;

 

(5) reimbursements of expenditures by the division;

 

(6) contributions to the division; and

 

(7) revenue credited to the game and fish fund under section 297A.94, paragraph (e), clause (1).

 

Sec. 68.  Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:

 

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

 

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


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(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.

 

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

 

EFFECTIVE DATE.  This section is effective July 1 of the year following the year the wolf is delisted under the federal Endangered Species Act.

 

Sec. 69.  Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read:

 

Subd. 5.  Portable stands.  Prior to the Saturday on or nearest September 16, A portable stand may be left overnight in a wildlife management area by a person with a valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged and registered as prescribed under section 97B.425 to take big game during the respective season.  Any person leaving a portable stand overnight under this subdivision must affix a tag with:  (1) the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license identification number issued to the licensee.  The tag must be affixed to the stand in a manner that it can be read from the ground and be made of a material sufficient to withstand weather conditions.  A person leaving a portable stand overnight in a wildlife management area may not leave more than two portable stands in any one wildlife management area.

 

Sec. 70.  Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:

 

Subd. 2.  Duty of county attorneys and peace officers.  County attorneys and All peace officers must enforce the game and fish laws.

 

Sec. 71.  Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision to read:

 

Subd. 3.  Prosecuting authority.  County attorneys are the primary prosecuting authority for violations under section 97A.205, clause (5).  Prosecution includes associated civil forfeiture actions provided by law.

 

Sec. 72.  Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read:

 

Subd. 8.  Proceeds of sale.  After determining the expense The proceeds from the sale after payment of the costs of seizing, towing, keeping, and selling the property, the commissioner must pay the and satisfying valid liens from the proceeds according to the court order.  The remaining proceeds against the property must be distributed as follows:

 

(1) 70 percent of the money or proceeds shall be deposited in the state treasury and credited to the game and fish fund; and


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(2) 30 percent of the money or proceeds is considered a cost of forfeiting the property and must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes.

 

Sec. 73.  Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read:

 

Subdivision 1.  Misdemeanor.  Unless a different penalty is prescribed, a person is guilty of a misdemeanor if that person:

 

(1) takes, buys, sells, transports or possesses a wild animal in violation of violates the game and fish laws;

 

(2) aids or assists in committing the violation;

 

(3) knowingly shares in the proceeds of the violation;

 

(4) fails to perform a duty or comply with a requirement of the game and fish laws;

 

(5) knowingly makes a false statement related to an affidavit regarding a violation or requirement of the game and fish laws; or

 

(6) violates or attempts to violate a rule under the game and fish laws.

 

Sec. 74.  Minnesota Statutes 2016, section 97A.338, is amended to read:

 

97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.

 

(a) A person who takes, possesses, or transports wild animals over the legal limit, in closed season, or without a valid license, when the restitution value of the wild animals is over $1,000 is guilty of a gross overlimit violation.  Except as provided in paragraph (b), a violation under this section paragraph is a gross misdemeanor.

 

(b) If a wild animal involved in a gross overlimit violation is listed as a threatened or endangered wild animal, the penalty in paragraph (a) does not apply unless more than one animal is taken, possessed, or transported in violation of the game and fish laws.

 

Sec. 75.  Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:

 

Subdivision 1.  Seizure.  (a) An enforcement officer shall immediately seize the license of a person who unlawfully takes, transports, or possesses wild animals when the restitution value of the wild animals exceeds $500.  Except as provided in subdivisions 2, 4, and 5, the person may not use or obtain any license to take the same type of wild animals involved, including a duplicate license, until an action is taken under subdivision 6.  If the license seized under this paragraph was for a big game animal, the license seizure applies to all licenses to take big game issued to the individual.  If the license seized under this paragraph was for small game animals, the license seizure applies to all licenses to take small game issued to the individual.

 

(b) In addition to the license seizure under paragraph (a), if the restitution value of the wild animals unlawfully taken, possessed, or transported is $5,000 $1,000 or more, all other game and fish licenses held by the person shall be immediately seized.  Except as provided in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, including a duplicate license, until an action is taken under subdivision 6.

 

(c) A person may not take wild animals covered by a license seized under this subdivision until an action is taken under subdivision 6.


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Sec. 76.  Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:

 

Subd. 2a.  Issuance after conviction; gross overlimits.  (a) A person may not obtain a license to take a wild animal and is prohibited from taking wild animals for ten years after the date of conviction of a violation when the restitution value of the wild animals is $2,000 or more.

 

(b) A person may not obtain a license to take a wild animal and is prohibited from taking wild animals for a period of five years after the date of conviction of:

 

(1) a violation when the restitution value of the wild animals is $5,000 $1,000 or more, but less than $2,000; or

 

(2) a violation when the restitution value of the wild animals exceeds $500 and the violation occurs within ten years of one or more previous license revocations under this subdivision.

 

(b) (c) A person may not obtain a license to take the type of wild animals involved in a violation when the restitution value of the wild animals exceeds $500 and is prohibited from taking the type of wild animals involved in the violation for a period of three years after the date of conviction of a violation.

 

(c) (d) The time period of multiple revocations under paragraph (a) or (b), clause (2), shall be are consecutive and no wild animals of any kind may be taken during the entire revocation period.

 

(e) If a wild animal involved in the conviction is listed as a threatened or endangered wild animal, the revocations under this subdivision do not apply unless more than one animal is taken, possessed, or transported in violation of the game and fish laws.

 

(d) (f) The court may not stay or reduce the imposition of license revocation provisions under this subdivision.

 

Sec. 77.  Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read:

 

Subdivision 1.  Angling and spearing; disabled residents.  (a) A person authorized to issue licenses must issue, without a fee, licenses to take fish by angling or spearing to a resident who is:

 

(1) blind;

 

(2) a recipient of Supplemental Security Income for the aged, blind, and disabled;

 

(3) a recipient of Social Security aid to the disabled under United States Code, title 42, section 416, paragraph (i)(l), or section 423(d);

 

(4) a recipient of workers' compensation based on a finding of total and permanent disability;

 

(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64; or

 

(6) permanently disabled and meets the disability requirements for Supplemental Security Income or Social Security aid to the disabled under United States Code, title 42, section 416, paragraph (i)(l), or section 423(d);

 

(7) receiving aid under the federal Railroad Retirement Act of 1974, United States Code, title 45, section 231a(a)(1)(v); or

 

(8) a former employee of the United States Postal Service receiving disability pay under United States Code, title 5, section 8337.


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(b) A driver's license or Minnesota identification card bearing the applicable designation under section 171.07, subdivision 17, serves as satisfactory evidence to obtain a license under this subdivision at all agent locations.

 

Sec. 78.  Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:

 

Subd. 6.  Scopes; age 60 or over.  A person age 60 or over may use a muzzleloader with a scope to take deer during the muzzleloader season.  The scope may have magnification capabilities.

 

Sec. 79.  [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED.

 

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

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to rules adopted on or after that date.

 

Sec. 80.  Minnesota Statutes 2016, section 97B.071, is amended to read:

 

97B.071 BLAZE ORANGE CLOTHING REQUIREMENTS; BLAZE ORANGE OR BLAZE PINK.

 

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

 

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

 

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

 

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

 

Sec. 81.  Minnesota Statutes 2016, section 97B.405, is amended to read:

 

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

 

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

 

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


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

 

Sec. 82.  Minnesota Statutes 2016, section 97B.431, is amended to read:

 

97B.431 BEAR-HUNTING OUTFITTERS.

 

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

 

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

 

Sec. 83.  Minnesota Statutes 2016, section 97B.516, is amended to read:

 

97B.516 ELK MANAGEMENT PLAN.

 

(a) The commissioner of natural resources must adopt an elk management plan that:

 

(1) recognizes the value and uniqueness of elk;

 

(2) provides for integrated management of an elk population in harmony with the environment; and

 

(3) affords optimum recreational opportunities.

 

(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size of the herd, including adoption or implementation of an elk management plan designed to increase an elk herd, unless the commissioner of agriculture verifies that crop and fence damages paid under section 3.7371 and attributed to the herd have not increased for at least two years.

 

(c) At least 60 days prior to implementing a plan to increase an elk herd, the commissioners of natural resources and agriculture must hold a joint public meeting in the county where the elk herd to be increased is located.  At the meeting, the commissioners must present evidence that crop and fence damages have not increased in the prior two years and must detail the practices that will be used to reduce elk conflicts with area landowners.

 

Sec. 84.  Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:

 

Subdivision 1.  Owners and occupants may take certain animals.  A person or the person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit, hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the person where the animal is causing damage.  The person or the person's agent may take the animal without a license and in any manner except by poison, or artificial lights in the closed season or by poison.  Raccoons may be taken under this subdivision with artificial lights during open season.  A person that or the person's agent who kills mink, raccoon, bobcat, fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.


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Sec. 85.  Minnesota Statutes 2016, section 97C.315, subdivision 1, is amended to read:

 

Subdivision 1.  Lines.  An angler may not use more than one line except:

 

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

 

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

 

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

 

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

 

Sec. 86.  Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:

 

Subd. 2a.  Portable shelters.  (a) A person using a portable shelter that is not identified under subdivision 1 may not leave the portable shelter unattended between midnight and sunrise and must remain within 200 feet of the shelter while the shelter is on the ice of state waters.

 

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

 

Sec. 87.  Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:

 

Subd. 2.  Walleye; northern pike.  (a) Except as provided in paragraph (b), A person may have no more than one walleye larger than 20 inches and one northern pike larger than 30 inches in possession.  This subdivision does not apply to boundary waters.

 

(b) The restrictions in paragraph (a) do not apply to boundary waters.

 

Sec. 88.  Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:

 

Subdivision 1.  Minnow retailers.  (a) A person may not be a minnow retailer without a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3.  A person must purchase a minnow retailer license for each minnow retail outlet operated, except as provided by subdivision 2, paragraph (d).

 

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

 

(1) as provided in subdivision 3;

 

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

 

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


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Sec. 89.  Minnesota Statutes 2016, section 97C.515, subdivision 2, is amended to read:

 

Subd. 2.  Permit for transportation; importation.  (a) A person may transport live minnows through the state with a permit from the commissioner.  The permit must state the name and address of the person, the number and species of minnows, the point of entry into the state, the destination, and the route through the state.  The permit is not valid for more than 12 hours after it is issued.  A person must not import minnows into the state except as provided in this section.

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 90.  Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision to read:

 

Subd. 7.  Harvesting mussel shells.  Live mussels may not be harvested.  A person possessing a valid resident or nonresident angling license or a person not required to have an angling license to take fish may take and possess at any time, for personal use only, not more than 24 whole shells or 48 shell halves of dead freshwater mussels.  Mussel shells may be harvested in waters of the state where fish may be taken by angling.  Mussel shells must be harvested by hand-picking only and may not be purchased or sold.

 

Sec. 91.  Minnesota Statutes 2016, section 103B.101, subdivision 12a, is amended to read:

 

Subd. 12a.  Authority to issue penalty orders.  (a) A county or watershed district with jurisdiction or The Board of Water and Soil Resources may issue an order requiring violations of the water resources riparian protection requirements under sections 103F.415, 103F.421, and 103F.48 to be corrected and administratively assessing monetary penalties up to $500 for noncompliance commencing on day one of the 11th month after the noncompliance notice was issued.  The proceeds collected from an administrative penalty order issued under this section must be remitted to the county or watershed district with jurisdiction over the noncompliant site, or otherwise remitted to the Board of Water and Soil Resources.

 

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


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

 

Sec. 92.  Minnesota Statutes 2016, section 103F.411, subdivision 1, is amended to read:

 

Subdivision 1.  Authority.  The Board of Water and Soil Resources, in consultation with counties, soil and water conservation districts, and other appropriate agencies, shall adopt a model ordinance and rules that serve as a guide for local governments that have adopted a soil loss ordinance to implement sections 103F.401 to 103F.455 and provide administrative procedures for the board for sections 103F.401 to 103F.455.

 

Sec. 93.  Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(i) "Public waters" has the meaning given in section 103G.005, subdivision 15.  The term means public waters as used in this section applies to waters that are on the public waters inventory as provided in section 103G.201.

 

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

 

Sec. 94.  Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:

 

Subd. 3.  Water resources riparian protection requirements on public waters and public drainage systems.  (a) Except as provided in paragraph (b), landowners owning property adjacent to a water body identified and mapped on a buffer protection map must maintain a buffer to protect the state's water resources as follows:

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

(1) November 1, 2017 2019, for public waters; and

 

(2) November 1, 2018 2020, for public drainage systems.

 

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

 

(g) After the effective date of this section, a person planting buffers or water quality protection practices to meet the requirements in paragraph (a) must use only seed mixes that are certified to be free of Palmer amaranth or other noxious weed seeds.  The board, a county, or a watershed district must not take corrective action under subdivision 7 against a landowner who does not have seed available to comply with this paragraph.

 

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

 

Sec. 95.  Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:

 

Subd. 7.  Corrective actions.  (a) If the soil and water conservation district determines a landowner is not in compliance with this section, and the landowner has declined state or federal assistance to pay 100 percent of the cost to establish buffers or other water resource protection measures approved by the board and annual payments or


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an easement for the land, the district must notify the county or watershed district with jurisdiction over the noncompliant site and the board.  The county or watershed district with jurisdiction or the board must provide the landowner with a list of corrective actions needed to come into compliance and a practical timeline to meet the requirements in this section.  The county or watershed district with jurisdiction must provide a copy of the corrective action notice to the board.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 96.  Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision to read:

 

Subd. 8a.  Constructed management facilities for storm water.  "Constructed management facilities for storm water" means ponds, basins, holding tanks, cisterns, infiltration trenches and swales, or other best management practices that have been designed, constructed, and operated to store or treat storm water in accordance with local, state, or federal requirements.


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Sec. 97.  Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:

 

Subd. 10b.  Greater than 80 percent area.  "Greater than 80 percent area" means a county or, watershed, or, for purposes of wetland replacement, bank service area where 80 percent or more of the presettlement wetland acreage is intact and:

 

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

 

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

 

Sec. 98.  Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:

 

Subd. 10h.  Less than 50 percent area.  "Less than 50 percent area" means a county or, watershed, or, for purposes of wetland replacement, bank service area with less than 50 percent of the presettlement wetland acreage intact or any county or, watershed, or bank service area not defined as a "greater than 80 percent area" or "50 to 80 percent area."

 

Sec. 99.  Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 1991.

 

Sec. 100.  Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:

 

Subd. 3.  Wetland replacement siting.  (a) Impacted wetlands in a 50 to Impacted wetlands outside of a greater than 80 percent area must not be replaced in a 50 to greater than 80 percent area or in a less than 50 percent area.  Impacted wetlands in a less than 50 percent area must be replaced in a less than 50 percent area.  All wetland replacement must follow this priority order:

 

(1) on site or in the same minor watershed as the impacted wetland;

 

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

 

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

 

(4) in another wetland bank service area.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

(h) Wetland replacement sites identified in accordance with the priority order for replacement siting in paragraph (a) as part of the completion of an adequate environmental impact statement may be approved for a replacement plan under section 93.481, 103G.2242, or 103G.2243 without further modification related to the priority order, notwithstanding availability of new mitigation sites or availability of credits after completion of an adequate environmental impact statement.  Wetland replacement plan applications must be submitted within one year of the adequacy determination of the environmental impact statement to be eligible for approval under this paragraph.

 

Sec. 101.  Minnesota Statutes 2016, section 103G.223, is amended to read:

 

103G.223 CALCAREOUS FENS.

 

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

 

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

 

Sec. 102.  Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:

 

Subdivision 1.  Rules.  (a) The board, in consultation with the commissioner, shall adopt rules governing the approval of wetland value replacement plans under this section and public-waters-work permits affecting public waters wetlands under section 103G.245.  These rules must address the criteria, procedure, timing, and location of acceptable replacement of wetland values and may address the state establishment and administration of a wetland banking program for public and private projects, including provisions for an in-lieu fee program; the administrative, monitoring, and enforcement procedures to be used; and a procedure for the review and appeal of decisions under this section.  In the case of peatlands, the replacement plan rules must consider the impact on carbon.  Any in-lieu fee program established by the board must conform with Code of Federal Regulations, title 33, section 332.8, as amended.

 

(b) After the adoption of the rules, a replacement plan must be approved by a resolution of the governing body of the local government unit, consistent with the provisions of the rules or a comprehensive wetland protection and management plan approved under section 103G.2243.

 

(c) If the local government unit fails to apply the rules, or fails to implement a local comprehensive wetland protection and management plan established under section 103G.2243, the government unit is subject to penalty as determined by the board.

 

(d) When making a determination under rules adopted pursuant to this subdivision on whether a rare natural community will be permanently adversely affected, consideration of measures to mitigate any adverse effect on the community must be considered.

 

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

 

Subd. 2.  Evaluation.  (a) Questions concerning the public value, location, size, or type of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an on-site inspection.  The Technical Evaluation Panel shall be composed of a technical professional employee of the board, a technical professional employee of the local soil and water conservation district or districts, a technical professional with expertise in water resources


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management appointed by the local government unit, and a technical professional employee of the Department of Natural Resources for projects affecting public waters or wetlands adjacent to public waters.  The panel shall use the "United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater Habitats of the United States" (1979 edition).  The panel shall provide the wetland determination and recommendations on other technical matters to the local government unit that must approve a replacement plan, sequencing, exemption determination, no-loss determination, or wetland boundary or type determination and may recommend approval or denial of the plan.  The authority must consider and include the decision of the Technical Evaluation Panel in their approval or denial of a plan or determination.

 

(b) A member of the Technical Evaluation Panel that has a financial interest in a wetland bank or management responsibility to sell or make recommendations in their official capacity to sell credits from a publicly owned wetland bank must disclose that interest, in writing, to the Technical Evaluation Panel and the local government unit.

 

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

 

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

 

Sec. 104.  Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:

 

Subdivision 1.  Authority; orders.  (a) The commissioner of natural resources, conservation officers, and peace officers shall enforce laws preserving and protecting groundwater quantity, wetlands, and public waters.  The commissioner of natural resources, a conservation officer, or a peace officer may issue a cease and desist order to stop any illegal activity adversely affecting groundwater quantity, a wetland, or public waters.

 

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

 

(c) If a court has ruled that there has not been a violation of the restoration or replacement order, an order may not be recorded or filed under this section.

 

(d) If an order was recorded before a court finding that there has not been a violation or an order was filed before the effective date of this section and the deed restriction would have been in violation of paragraph (c), the commissioner must remove the deed restriction if the owner of the property requests the commissioner to remove it.  Within 30 days of receiving the request for removal from the owner, the commissioner must contact, in writing, the office of the county recorder or registrar of titles where the order is recorded or filed, along with all applicable fees, and have the order removed.  Within 30 days of receiving notification from the office of the county recorder or


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registrar of titles that the order has been removed, the commissioner must inform the owner that the order has been removed and provide the owner with a copy of any documentation provided by the office of the county recorder or registrar of titles.

 

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

 

Sec. 105.  Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:

 

Subdivision 1.  Permit required.  (a) Except as provided in paragraph (b), the state, a person, partnership, or association, private or public corporation, county, municipality, or other political subdivision of the state may not appropriate or use waters of the state without a water-use permit from the commissioner.

 

(b) This section does not apply to the following water uses:

 

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

 

(2) nonconsumptive diversion of a surface water of the state from its natural channel for the production of hydroelectric or hydromechanical power at structures that were in existence on and before July 1, 1937, including repowering, upgrades, or additions to those facilities; or

 

(3) appropriation or use of storm water collected and used to reduce storm-water runoff volume, treat storm water, or sustain groundwater supplies when water is extracted from constructed management facilities for storm water.

 

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

 

Sec. 106.  Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read:

 

Subd. 6.  Water-use permit processing fee.  (a) Except as described in paragraphs (b) to (g), a water-use permit processing fee must be prescribed by the commissioner in accordance with the schedule of fees in this subdivision for each water-use permit in force at any time during the year.  Fees collected under this paragraph are credited to the water management account in the natural resources fund.  The schedule is as follows, with the stated fee in each clause applied to the total amount appropriated:

 

(1) $140 for amounts not exceeding 50,000,000 gallons per year;

 

(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less than 100,000,000 gallons per year;

 

(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than 150,000,000 gallons per year;

 

(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less than 200,000,000 gallons per year;

 

(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than 250,000,000 gallons per year;


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(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less than 300,000,000 gallons per year;

 

(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than 350,000,000 gallons per year;

 

(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less than 400,000,000 gallons per year;

 

(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than 450,000,000 gallons per year;

 

(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less than 500,000,000 gallons per year; and

 

(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.

 

(b) For once-through cooling systems, a water-use processing fee must be prescribed by the commissioner in accordance with the following schedule of fees for each water-use permit in force at any time during the year:

 

(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and

 

(2) for all other users, $420 per 1,000,000 gallons.

 

(c) The fee is payable based on the amount of water appropriated during the year and, except as provided in paragraph (f), the minimum fee is $100.

 

(d) For water-use processing fees other than once-through cooling systems:

 

(1) the fee for a city of the first class may not exceed $250,000 per year;

 

(2) the fee for other entities for any permitted use may not exceed:

 

(i) $60,000 per year for an entity holding three or fewer permits;

 

(ii) $90,000 per year for an entity holding four or five permits; or

 

(iii) $300,000 per year for an entity holding more than five permits;

 

(3) the fee for agricultural irrigation may not exceed $750 per year;

 

(4) the fee for a municipality that furnishes electric service and cogenerates steam for home heating may not exceed $10,000 for its permit for water use related to the cogeneration of electricity and steam; and

 

(5) the fee for a facility that temporarily diverts a water of the state from its natural channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per year.  A permit for such a facility does not count toward the number of permits held by an entity as described in paragraph (d); and

 

(5) (6) no fee is required for a project involving the appropriation of surface water to prevent flood damage or to remove flood waters during a period of flooding, as determined by the commissioner.


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(e) Failure to pay the fee is sufficient cause for revoking a permit.  A penalty of ten percent per month calculated from the original due date must be imposed on the unpaid balance of fees remaining 30 days after the sending of a second notice of fees due.  A fee may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal governmental agency holding a water appropriation permit.

 

(f) The minimum water-use processing fee for a permit issued for irrigation of agricultural land is $20 for years in which:

 

(1) there is no appropriation of water under the permit; or

 

(2) the permit is suspended for more than seven consecutive days between May 1 and October 1.

 

(g) The commissioner shall waive the water-use permit fee for installations and projects that use storm water runoff or where public entities are diverting water to treat a water quality issue and returning the water to its source without using the water for any other purpose, unless the commissioner determines that the proposed use adversely affects surface water or groundwater.

 

(h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph (a) shall be applied to the volume of water used in each of the months of June, July, and August that exceeds the volume of water used in January for municipal water use, irrigation of golf courses, and landscape irrigation.  The surcharge for municipalities with more than one permit shall be determined based on the total appropriations from all permits that supply a common distribution system.

 

Sec. 107.  Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:

 

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

 

Sec. 108.  Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:

 

Subd. 7.  Transfer of permit.  A water-use permit may be transferred to a successive owner of real property if the permittee conveys the real property where the source of water is located.  The new owner must notify the commissioner immediately after the conveyance and request transfer of the permit.  If notified, the commissioner must transfer the permit to the successive owner.

 

Sec. 109.  Minnesota Statutes 2016, section 103G.271, is amended by adding a subdivision to read:

 

Subd. 8.  Management plans; economic impacts.  Before requiring a change to a management plan for appropriating water, the commissioner must provide estimates of the economic impact of any new restriction or policy on existing and future groundwater users in the affected area.

 

Sec. 110.  Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:

 

Subdivision 1.  Applications for groundwater appropriations; preliminary well construction approval.  (a) Groundwater use permit applications are not complete until the applicant has supplied:


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 111.  Minnesota Statutes 2016, section 103G.287, subdivision 4, is amended to read:

 

Subd. 4.  Groundwater management areas.  (a) The commissioner may designate groundwater management areas and limit total annual water appropriations and uses within a designated area to ensure sustainable use of groundwater that protects ecosystems, water quality, and the ability of future generations to meet their own needs.  Water appropriations and uses within a designated management area must be consistent with a groundwater management area plan approved by the commissioner that addresses water conservation requirements and water allocation priorities established in section 103G.261.  At least 30 days prior to implementing or modifying a groundwater management area plan under this subdivision, the commissioner shall consult with the advisory team established in paragraph (c).

 

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


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

 

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

 

Sec. 112.  Minnesota Statutes 2016, section 103G.411, is amended to read:

 

103G.411 STIPULATION OF LOW-WATER MARK.

 

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

 

Sec. 113.  Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision to read:

 

Subd. 6.  Impaired waters list; public notice and process.  The commissioner of the Pollution Control Agency must allow at least 60 days for public comment after publishing the draft impaired waters list required under the federal Clean Water Act.  A person may petition the agency to hold a contested case hearing on the draft impaired waters list.  A valid basis for challenging an impairment determination includes, but is not limited to, agency reliance on data that do not reflect recent significant infrastructure investments and documented pollutant reductions.

 

Sec. 114.  [115.051] REVIEW OF PROPOSED ACTIONS OF THE POLLUTION CONTROL AGENCY.

 

Subdivision 1.  Definitions.  (a) The definitions in this subdivision apply to this section.

 

(b) "Local government unit" means a statutory or home rule charter city, county, local public utilities commission, sanitary district, or an organization formed for the joint exercise of powers under section 471.59.

 

(c) "Proposed action" means an action that is all of the following:

 

(1) being considered by the commissioner of the Pollution Control Agency or has been undertaken by the commissioner but is not yet final;

 

(2) would, once final, constitute one of the following:


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(i) the issuance, amendment, modification, or denial of a water quality standard under section 115.44, a water‑related permit, a total maximum daily load (TMDL) study, or a watershed restoration and protection strategy (WRAPS); or

 

(ii) another action or decision undertaken pursuant to the commissioner's authority under this chapter or chapter 114D that is or would be eligible for a contested case hearing under chapter 14 or that would constitute rulemaking under that chapter.

 

(d) "Requisite number" means five or more if the proposed action is rulemaking under chapter 14.  The term means one or more if the proposed action is one that is or would be eligible for a contested case hearing under chapter 14.

 

(e) "Review petition" means a written petition of a local government unit adopted by resolution of the applicable governing body that describes the need for review by an expert review panel of the scientific basis of a proposed action that potentially affects the petitioner.

 

(f) "Review proceeding" means a proceeding under chapter 14 of the Office of Administrative Hearings to review a proposed action.

 

Subd. 2.  Office of Administrative Hearings review of scientific basis for proposed action.  In any review proceeding, the administrative law judge must examine the administrative record and, without deference to the commissioner, independently determine from the record whether:

 

(1) the proposed action is based on reliable scientific data and analyses, as confirmed by publicly available peer‑reviewed literature;

 

(2) every test, measurement, or model the commissioner relied on in support of the proposed action was used by the commissioner for the purpose for which the test, measurement, or model was designed, consistent with generally accepted and peer-reviewed scientific practice;

 

(3) the proposed action is consistent with the findings of any applicable external peer review panel the commissioner convened under section 115.035; and

 

(4) the proposed action is based on a demonstrated, significant causal relationship between the parameters of concern and the water-quality objective at issue, not the correlation alone.  When a causal relationship may be confounded by other factors, the reviewing authority must determine whether the relevance and effect of those factors were assessed to ensure the predicted causal relationship is valid.

 

Subd. 3.  Effect of Office of Administrative Hearings finding of inadequate basis for proposed action.  If an administrative law judge determines that any of the conditions set forth in subdivision 2, clauses (1) to (4), are not satisfied, then:

 

(1) if the proposed action was a proposed rule, the administrative law judge must find that the need for or reasonableness of the rule has not been established pursuant to section 14.14, subdivision 2; and

 

(2) if the proposed action was before the Office of Administrative Hearings as part of a contested case hearing, the administrative law judge must include this finding in the report required by sections 14.48 to 14.56, which shall constitute the final decision in the case.

 

Subd. 4.  When independent expert review panel required; composition.  The Office of Administrative Hearings must convene an expert review panel to review the scientific basis of a proposed action when it receives the requisite number of review petitions and finds, based on its independent review of the petitions, that the petitions


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demonstrate the existence of a material scientific dispute regarding the scientific validity of the commissioner's proposed action.  The Office of Administrative Hearings shall issue an order granting or denying a petition within 30 days of its receipt of the petition.  A review panel must consist of three independent experts with qualifications in the subject matter of the scientific dispute who are employed neither by the Pollution Control Agency nor by a petitioner to the proceeding and who are not directly or indirectly involved with the work conducted or contracted by the agency.  The composition of the panel must be determined as follows:

 

(1) the commissioner of the Pollution Control Agency must select one expert satisfying the requirements of this subdivision;

 

(2) the petitioners must jointly select one expert satisfying the requirements of this subdivision; and

 

(3) the two experts selected under clauses (1) and (2) must mutually agree to a third expert satisfying the requirements of this subdivision.  If the two experts are unable to agree on a third expert, the Office of Administrative Hearings must make the appointment.

 

Subd. 5.  Conduct of independent expert review panel.  Upon granting a petition for independent expert review, the Office of Administrative Hearings must, as soon as practicable thereafter, issue an order establishing the independent expert review panel, identifying the independent experts selected pursuant to subdivision 4.  This order must include a statement of the specific scientific issues or questions in dispute to be submitted for review by the panel.  The commissioner and all petitioners must agree on the issues or questions in dispute to be submitted for review.  If they cannot agree on one or more issues or questions, the Office of Administrative Hearings must determine the issue or questions to be submitted giving substantial consideration to the questions raised in any petitions it has received.  The panel must review the scientific evidence relevant to those issues or questions as found in the petitions, the administrative record for the proposed action, and the results of any external peer review conducted according to section 115.035, in accordance with the guidance in the United States Environmental Protection Agency's Peer Review Handbook.  The panel must submit a written opinion on the scientific validity of the commissioner's approach that is in controversy.  If the panel finds deficiencies, the panel must recommend how the deficiencies can be corrected.  The written opinion shall become part of the administrative record and must be submitted to the Office of Administrative Hearings, which shall send a written copy of the opinion to the commissioner of the Pollution Control Agency, all petitioners, and the chairs and ranking minority members of the house of representatives and senate committees having jurisdiction over environment and natural resources policy and finance.

 

Subd. 6.  Status of action pending independent expert panel review.  Once the Office of Administrative Hearings has received the requisite number of review petitions, it must notify the Pollution Control Agency of this fact and:

 

(1) the Pollution Control Agency shall not grant or deny a contested case petition filed by the local government unit on the proposed action that is the subject of a petition or otherwise proceed towards finalizing the proposed action until the Office of Administrative Hearings denies the petition for independent expert review, or if the petition is granted, it has received and considered the written opinion required by subdivision 5; and

 

(2) the Office of Administrative Hearings shall not conduct the review required by subdivision 2 until it has received the written opinion required by subdivision 5.

 

Subd. 7.  Chapter 14 requirements must be followed.  Nothing in this section shall be construed to abrogate or otherwise repeal any of the procedural requirements of chapter 14.  Upon receipt of a written opinion pursuant to subdivision 5, the Pollution Control Agency and the Office of Administrative Hearings shall make the opinion available to the public for review and continue to follow all applicable provisions of chapter 14, including public comment and hearing requirements.


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Subd. 8.  Timing of review petition submission.  A review petition submitted to the Office of Administrative Hearings must be submitted within the time period for filing a contested case petition or prior to the expiration of the public comment period as noticed in the statement of intent to adopt the rule, as applicable.

 

Subd. 9.  This section is supplementary.  The duties and procedures set forth in this section are supplementary and applicable to those set forth in section 14.091.

 

Sec. 115.  [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED WASTEWATER TREATMENT FACILITIES.

 

Subdivision 1.  Definitions.  For the purpose of this section, the following terms have the meanings given:

 

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

 

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

 

Subd. 2.  Applicability.  This section applies to all draft permits and permits for publicly owned wastewater treatment facilities for which the commissioner of the Pollution Control Agency makes a preliminary determination whether to issue or deny.

 

Subd. 3.  Notice requirements.  The commissioner of the Pollution Control Agency must provide a permit applicant with a copy of the draft permit and any fact sheets required by agency rules at least 30 days before the distribution and public notice of the permit application and preliminary determination.

 

Subd. 4.  Public comment period.  The commissioner must prepare and issue a public notice of a completed application and the commissioner's preliminary determination as to whether the permit should be issued or denied.  The public comment period must be at least 60 days for permit applications under this section.

 

Sec. 116.  Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  (a) In addition to the definitions in this subdivision, the definitions in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as specifically modified in this subdivision.

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

(j) (k) "Environmental response costs" means:

 

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

 

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

 

(l) "Priority qualified facility" means a qualified facility that is on the list of priorities for the federal Comprehensive Environmental Response, Compensation, and Liability Act and the Minnesota Environmental Response and Liability Act; has received notice under section 115B.40, subdivision 3; has failed to comply with section 115B.40, subdivision 4; and has not entered into a binding agreement with the commissioner.

 

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

 

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

 

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

 

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

 

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

 

(2) is or was permitted by the agency; and


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

 

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

 

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

 

Sec. 117.  Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:

 

Subd. 4.  Qualified facility not under cleanup order; duties.  (a) The owner or operator of a qualified facility that is not subject to a cleanup order shall:

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 118.  [115B.406] STATE RESPONSE AT PRIORITY QUALIFIED FACILITIES.

 

Subdivision 1.  Environmental response action.  The agency may take any environmental response action at a priority qualified facility that the agency deems necessary to protect the public health or welfare or the environment.  Before taking any action, the agency shall take actions as provided in this section.

 

Subd. 2.  Request for action to owner or operator of priority qualified facility.  The agency shall request the owner or operator of a priority qualified facility to take actions that the agency deems reasonable and necessary to protect the public health or welfare or the environment, stating the reasons for the actions; a reasonable time for beginning and completing the actions, taking into account the urgency of the actions for protecting the public health or welfare or the environment; and the intention of the agency to take action if the requested actions are not taken as requested.

 

Subd. 3.  Action to compel performance.  When the owner or operator of the priority qualified facility fails to take response actions or make reasonable progress in completing response actions requested as provided in subdivision 2, the attorney general may bring an action in the name of the state to compel performance of the requested response actions.  If a person having any right, title, or interest in and to the real property where the facility is located or where response actions are proposed to be taken is not a person responsible for the environment, the person may be joined as an indispensable party in an action to compel performance to ensure that the requested response actions can be taken on that property by the owner or operator.


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Subd. 4.  Determination of failure to act.  If the agency determines that the actions requested under this section will not be taken by the owner or operator of the priority qualified facility in the manner and within the time requested, the agency may undertake any environmental response action it deems necessary for the protection of the public health or welfare or the environment under this section.

 

Subd. 5.  Civil penalties.  Any owner or operator of a priority qualified facility that fails to take the actions under this section shall forfeit and pay to the state a civil penalty in an amount to be determined by the court of not more than $20,000 per day for each day that the owner or operator fails to take reasonable and necessary response actions or to make reasonable progress in completing response actions requested by the agency.  The penalty provided under this subdivision may be recovered by an action brought by the attorney general in the name of the state in a separate action in the District Court of Ramsey County.  All penalties recovered under this subdivision must be deposited in the remediation fund.

 

Subd. 6.  Investigation and testing.  The agency may undertake investigations, monitoring, surveys, testing, and other similar activities necessary or appropriate to identify the existence and extent of the contamination at the priority qualified facility and the extent of danger.  In addition, the agency may undertake planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations necessary or appropriate to plan and direct a response action, to recover the costs of the response action, and to enforce this section.

 

Subd. 7.  Duty to compel information.  Any person who the agency has determined to have information regarding the priority qualified facility or the owner or operator of the priority qualified facility must furnish to the agency any information that person may have or may reasonably obtain that is relevant to the priority qualified facility or the owner or operator.  The agency upon presentation of credentials may examine and copy any books, papers, records, memoranda, or data of any person who has a duty to provide information to the agency and may enter upon any property, public or private, to take any action authorized by this section, including obtaining information from any person who has a duty to provide the information.

 

Subd. 8.  Program operations.  Upon the owner or operator's failure to act, the agency shall conduct the program operations under section 115B.412, subdivisions 1 and 2, and any other environmental response action the agency deems necessary to protect public health, welfare, and the environment.

 

Subd. 9.  Recovering expenses.  Any reasonable and necessary expenses incurred by the agency or commissioner under this section, including all response costs and administrative and legal expenses, may be recovered in a civil action brought by the attorney general against the owner or operator of the priority qualified facility.  The agency's certification of expenses is prima facie evidence that the expenses are reasonable and necessary.  Any expenses incurred under this section that are recovered by the attorney general under sections 115.071 and 116.072 or any other law, including any award of attorney's fees, must be deposited in the remediation fund.

 

Subd. 10.  Environmental response costs; liens.  All environmental response costs, including administrative and legal expenses, incurred by the commissioner at a priority qualified facility before the date of notice of compliance under section 115B.40, subdivision 7, constitute a lien in favor of the state upon any real property located in the state, other than homestead property, owned by the owner or operator who is subject to the requirements of section 115B.40, subdivision 4 or 5.  A lien under this subdivision attaches when the environmental response costs are first incurred and continues until the lien is satisfied or becomes unenforceable as for an environmental lien under section 514.672.  Notice, filing, and release of the lien are governed by sections 514.671 to 514.676, except where those requirements specifically are related to only cleanup action expenses as defined in section 514.671.  Relative priority of a lien under this subdivision is governed by section 514.672, except that a lien attached to property that was included in any permit for the solid waste disposal facility takes precedence over all other liens regardless of when the other liens were or are perfected.  Amounts received to satisfy all or a part of a lien must be deposited in the remediation fund.

 

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


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Sec. 119.  [115B.407] SETTLEMENT AT PRIORITY QUALIFIED FACILITY.

 

Subdivision 1.  Settlements; general authority.  In addition to the general authority vested in the agency to settle any claims under sections 115B.01 to 115B.18, and 115B.40 to 115B.445, the agency may exercise the settlement authorities provided in subdivisions 2 to 5.

 

Subd. 2.  Settlement agreement.  The commissioner must enter into a settlement agreement with an eligible person under subdivision 3 who requests a settlement, under which the commissioner settles with the eligible person and indemnifies and holds the eligible person harmless for:

 

(1) all legal responsibility, liability, or potential liability for environmental response costs and natural resources damages related to the qualified facility, including any and all liability and potential liability for legal and administrative costs and expenses incurred or to be incurred by the state or federal government or reimbursed by the state or federal government;

 

(2) all legal liability or potential liability under the federal Comprehensive Environmental Response, Compensation, and Liability Act related to the priority qualified facility, including any and all liability and potential liability for costs incurred by the federal government in cleaning up the site and legal and administrative costs and expenses incurred or to be incurred by the state or federal government or reimbursed by the state or federal government; and

 

(3) all legal liability or potential liability that has been asserted, could have been asserted, or may be asserted in the future against the eligible person under state or federal law, common law, or other legal theory related to the qualified facility, including any claim by any person or entity for contribution regarding any matters to which the indemnity applies.

 

Subd. 3.  Eligible persons.  (a) A person who is not an owner or operator of a priority qualified facility is eligible to enter into a settlement agreement with the commissioner provided the person agrees to:

 

(1) waive all claims for environmental response costs related to the facility against all persons other than the owner or operator;

 

(2) provide the commissioner with a copy of all applicable comprehensive general liability insurance policies and other liability insurance policies relating to property damage, certificates, or other evidence of insurance coverage held during the life of the facility; and

 

(3) enter into a binding agreement with the commissioner to take any actions necessary to preserve the person's rights to payment or defense under insurance policies, cooperate with the commissioner in asserting the claims under the policies, and assign those rights under the policies related to environmental response costs.

 

(b) For purposes of this subdivision, "insurance" has the meaning given in section 60A.02, subdivision 3.

 

Subd. 4.  Recovery for illegal actions.  The settlement of eligible persons under this section does not prevent the commissioner from recovering costs for illegal actions at priority qualified facilities as provided in section 115B.402.

 

Subd. 5.  Commissioner's duties.  (a) In consideration of the settlor's agreement to enter into an agreement under this section, the commissioner must not sue or take administrative action against the settlor, must agree to release the settlor from the liabilities under subdivision 1, and must indemnify and hold the settlor harmless and


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defend against all claims or liability for state or federal environmental response actions at the priority qualified facility that is the subject of the agreement and claims made by the owner or operator of the priority qualified facility under state or federal law for payment of response costs and related costs at the priority qualified facility.

 

(b) To the extent allowed under applicable law, a person who enters into a settlement agreement under this section is not liable for claims for contribution regarding matters addressed in the agreement.  As a condition of the agreement, the person must waive the person's rights to seek contribution for any amounts paid on the person's behalf under the agreement.  This section does not limit the state's ability to seek contribution on the person's behalf.

 

(c) The commissioner, on behalf of the state, shall enter into an agreement with the United States Environmental Protection Agency to settle all federal claims at a priority qualified facility to release all nonowner potentially responsible parties, including to not seek recovery from nonowner potentially responsible parties for costs incurred related to the priority qualified facility.

 

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

 

Sec. 120.  [115B.408] ACQUISITION OF PRIORITY QUALIFIED FACILITY.

 

Subdivision 1.  Legislative findings.  The legislature recognizes the need to protect the public health and welfare and the environment at priority qualified facilities and that are not being managed to protect the public health or welfare or the environment.  It is in the public interest to direct the commissioner of the Pollution Control Agency to acquire the necessary interests in land at the priority qualified facility and to conduct environmental response action.

 

Subd. 2.  Acquisition.  The agency may acquire interests in land by donation or eminent domain without undue delay, under section 115B.17, subdivision 15, at the priority qualified facility.  Acquisition by condemnation under this section may include fee title acquisition.  After acquiring interests in land, the commissioner must begin the process of protecting the public health and welfare and the environment through environmental response action according to sections 115B.39 to 115B.414.

 

Subd. 3.  Disposition of property acquired for response action.  (a) If the commissioner determines that real or personal property acquired by the agency for response action is no longer needed for response action purposes, the commissioner may:

 

(1) transfer the property to the commissioner of administration to be disposed of in the manner required for other surplus property subject to conditions the commissioner determines necessary to protect the public health and welfare or the environment or to comply with federal law;

 

(2) transfer the property to another state agency, a political subdivision, or special purpose district; or

 

(3) if required by federal law, take actions and dispose of the property as required by federal law.

 

(b) If the commissioner determines that real or personal property acquired by the agency for response action must be operated, maintained, or monitored after completion of other phases of the response action, the commissioner may transfer ownership of the property to another state agency, a political subdivision, or special purpose district that agrees to accept the property.  A state agency, political subdivision, or special purpose district is authorized to accept and implement the terms and conditions of a transfer under this paragraph.  The commissioner may set terms and conditions for the transfer that the commissioner considers reasonable and necessary to ensure proper operation, maintenance, and monitoring of response actions, protect the public health and welfare and the


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environment, and comply with applicable federal and state laws and regulations.  The state agency, political subdivision, or special purpose district to which the property is transferred is not liable under this chapter solely as a result of acquiring the property or acting in accordance with the terms and conditions of the transfer.

 

(c) If the agency acquires property under this section, the commissioner may lease or grant an easement in the property to a person during the implementation of response actions if the lease or easement is compatible with or necessary for response action implementation.

 

(d) The proceeds of a sale, lease, or other transfer of property under this subdivision by the commissioner or by the commissioner of administration must be deposited in the remediation fund.  Any share of the proceeds that the agency is required by federal law or regulation to reimburse to the federal government is appropriated from the account to the agency for that purpose.  Except for section 94.16, subdivision 2, section 94.16 does not apply to real property sold by the commissioner of administration that was acquired under this section.

 

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

 

Sec. 121.  [115B.409] OTHER REMEDIES PRESERVED.

 

The owner of real property is barred from bringing legal action or using any remedy available under any other provision of state or federal law, including common law, to recover for personal injury, disease, economic loss, or response costs arising out of a release of any hazardous substance or for removal or the costs of removal of that hazardous substance.  Sections 115B.40 to 115B.408 shall not be considered, interpreted, or construed in any way as reflecting a determination, in whole or in part, of policy regarding the inapplicability of strict liability or strict liability doctrines under any other state or federal law, including common law, to activities past, present, or future, by the owner of real property relating to hazardous substances or pollutants or contaminants, or other similar activities.

 

Sec. 122.  [115B.4091] DEPOSIT OF PROCEEDS.

 

All amounts paid to the state under sections 115B.406 to 115B.409 must be deposited in the state treasury and credited equally to the remediation fund and the closed landfill investment fund.

 

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

 

Sec. 123.  Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:

 

Subdivision 1.  General rule.  Except as provided in subdivisions 2 to 4 5, a person is responsible for a release from a tank if the person is an owner or operator of the tank at any time during or after the release.

 

Sec. 124.  Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision to read:

 

Subd. 5.  Heating fuel oil vendor.  A heating fuel oil vendor is not a responsible person for a heating fuel oil release at a residential location if the release was caused solely by the failure of a tank owned by the homeowner.

 

Sec. 125.  Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:

 

Subd. 2b.  Permitting efficiency.  (a) It is the goal of the state that environmental and resource management permits be issued or denied within 90 days for Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application.  The commissioner of the Pollution Control Agency shall establish management systems


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designed to achieve the goal.  For the purposes of this section, "Tier 1 permits" are permits that do not require individualized actions or public comment periods, and "Tier 2 permits" are permits that require individualized actions or public comment periods.

 

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

 

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

 

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

 

(e) For purposes of this subdivision, "permit professional" means an individual not employed by the Pollution Control Agency who:

 

(1) has a professional license issued by the state of Minnesota in the subject area of the permit;

 

(2) has at least ten years of experience in the subject area of the permit; and

 

(3) abides by the duty of candor applicable to employees of the Pollution Control Agency under agency rules and complies with all applicable requirements under chapter 326.

 

(f) Upon the agency's request, an applicant relying on a permit professional must participate in a meeting with the agency before submitting an application:

 

(1) at least two weeks prior to the preapplication meeting, the applicant must submit at least the following:

 

(i) project description, including, but not limited to, scope of work, primary emissions points, discharge outfalls, and water intake points;

 

(ii) location of the project, including county, municipality, and location on the site;

 

(iii) business schedule for project completion; and

 

(iv) other information requested by the agency at least four weeks prior to the scheduled meeting; and


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(2) during the preapplication meeting, the agency shall provide for the applicant at least the following:

 

(i) an overview of the permit review program;

 

(ii) a determination of which specific application or applications will be necessary to complete the project;

 

(iii) a statement notifying the applicant if the specific permit being sought requires a mandatory public hearing or comment period;

 

(iv) a review of the timetable established in the permit review program for the specific permit being sought; and

 

(v) a determination of what information must be included in the application, including a description of any required modeling or testing.

 

(g) The applicant may select a permit professional to undertake the preparation of the permit application and draft permit.

 

(h) If a preapplication meeting was held, the agency shall, within seven business days of receipt of an application, notify the applicant and submitting permit professional that the application is complete or is denied, specifying the deficiencies of the application.

 

(i) Upon receipt of notice that the application is complete, the permit professional shall submit to the agency a timetable for submitting a draft permit.  The permit professional shall submit a draft permit on or before the date provided in the timetable.  Within 60 days after the close of the public comment period, the commissioner shall notify the applicant whether the permit can be issued.

 

(j) Nothing in this section shall be construed to modify:

 

(1) any requirement of law that is necessary to retain federal delegation to or assumption by the state; or

 

(2) the authority to implement a federal law or program.

 

(k) The permit application and draft permit shall identify or include as an appendix all studies and other sources of information used to substantiate the analysis contained in the permit application and draft permit.  The commissioner shall request additional studies, if needed, and the project proposer permit applicant shall submit all additional studies and information necessary for the commissioner to perform the commissioner's responsibility to review, modify, and determine the completeness of the application and approve the draft permit.

 

Sec. 126.  Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to read:

 

Subd. 7.  Draft permits; public notice.  When public notice of a draft individual Tier 2 permit is required, the commissioner must issue the notice with the draft permit within 150 days of receiving a completed permit application unless the permit applicant and the commissioner mutually agree to a different date.  Upon request of the permit applicant, the commissioner must provide a copy of the draft permit to the permit applicant and consider comments on the draft permit from the permit applicant before issuing the public notice.

 

Sec. 127.  Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to read:

 

Subd. 8.  Clean Air Act settlement money.  "Clean Air Act settlement money" means money required to be paid to the state as a result of litigation or settlements of alleged violations of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules adopted thereunder, by an automobile manufacturer.  The


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commissioner of management and budget must establish the Clean Air Act settlement account in the environmental fund.  Notwithstanding sections 16A.013 to 16A.016, the commissioner of management and budget must deposit Clean Air Act settlement money into the Clean Air Act settlement account.  Clean Air Act settlement money must not be spent until it is specifically appropriated by law.  The commissioner of management and budget must eliminate the Clean Air Act settlement account in the environmental fund after all Clean Air Act settlement money has been expended.

 

Sec. 128.  Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:

 

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

 

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

 

(c) The agency shall set fees that:

 

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

 

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

 

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

 

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


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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 facility project may offer to reimburse the agency for the reasonable 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 and any recourse available to the applicant if the agency fails to meet the schedule.  The agreement must also identify staff anticipated to be assigned to the project and describe the commissioner's commitment to make assigned staff available for the project until the permit decision is made.  The commissioner must not issue a permit until the applicant has paid all fees in full.  The commissioner must refund any unobligated balance of fees paid.  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. 129.  Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to read:

 

Subd. 13.  Irrevocability, suspensions, or expiration of permits; environmental review.  (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate money to the commissioner of the Pollution Control Agency for environmental review and permitting activities of the agency:

 

(1) a permit granted by the commissioner may not be terminated or suspended for the term of the permit nor shall it expire without the consent of the permittee, except for breach or nonperformance of any condition of the permit by the permittee that is an imminent threat to impair or destroy the environment or injure the health, safety, or welfare of the citizens of the state; and

 

(2) environmental review and permit application work on environmental review and permits filed before July 1 of that year must not be suspended or terminated.

 

(b) Paragraph (a), clause (1), applies until legislation appropriating money to the commissioner for the environmental review and permitting activities is enacted.


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Sec. 130.  Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to read:

 

Subd. 14.  Unadopted rules.  The commissioner of the Pollution Control Agency must not seek to implement in a permit or enforce a penalty based upon an agency policy, guideline, bulletin, criterion, manual standard, interpretive statement, or similar pronouncement if the policy, guideline, bulletin, criterion, manual standard, interpretive standard, or pronouncement has not been adopted under the rulemaking process under chapter 14.  In any proceeding under section 14.381, the commissioner has the burden of proving the action is not prohibited.

 

Sec. 131.  Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to read:

 

Subd. 15.  Limitation regarding certain policies, guidelines, and other interpretive statements.  (a) The commissioner of the Pollution Control Agency must not seek to implement or enforce against any person a policy, guideline, or other interpretive statement that meets the definition of a rule under section 14.02, subdivision 4, if the policy, guideline, or other interpretive statement has not been adopted as a rule according to chapter 14.  In any proceeding under chapter 14 challenging agency action prohibited by this subdivision, the reviewing authority must independently and without deference to the agency determine whether the agency violated this subdivision.  The agency must overcome the presumption that the agency action may not be enforced as a rule.

 

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

 

Sec. 132.  Minnesota Statutes 2016, section 116.0714, is amended to read:

 

116.0714 NEW OPEN AIR SWINE BASINS.

 

The commissioner of the Pollution Control Agency or a county board shall not approve any permits for the construction of new open air swine basins, except that existing facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment program for resolving pollution problems or to allow conversion of an existing basin of less than 1,000,000 gallons to a different animal type, provided all standards are met.  This section expires June 30, 2017 2022.

 

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

 

Sec. 133.  [116.083] PROPANE SCHOOL BUS REBATE PROGRAM.

 

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

 

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

 

(2) "school" means a Minnesota school district or Minnesota charter school; and

 

(3) "school bus" means a type A, B, C, or D school bus under section 169.011, subdivision 71.

 

Subd. 2.  Rebate eligibility.  (a) Schools that purchase a propane school bus are eligible for a rebate under this section.  A school that contracts for pupil transportation may apply for a rebate on behalf of the school bus contractor.

 

(b) Propane school buses must be registered and licensed in Minnesota.


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(c) The cost of an original equipment manufacturer propane school bus purchased is eligible for a rebate under this section.

 

Subd. 3.  Rebate amounts.  Rebates under this section may be issued for no more than 25 percent of the cost of a propane school bus, not to exceed $25,000.

 

Subd. 4.  Maximum rebate allowed.  A school may receive no more than five propane school bus rebates per year.

 

Subd. 5.  Funding.  $1,500,000 is annually appropriated from the Clean Air Act settlement account in the environmental fund to the agency for grants under this section.  The grants must be awarded through a request for proposal process established by the commissioner and must comply with the litigation or settlement order providing receipts to the account.

 

Sec. 134.  Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:

 

Subd. 2.  Membership.  The members of the board are the commissioner of administration, the commissioner of commerce, the commissioner of the Pollution Control Agency, the commissioner of natural resources, the commissioner of agriculture, the commissioner of health, the commissioner of employment and economic development, the commissioner of transportation, and the chair of the Board of Water and Soil Resources, and a representative of the governor's office designated by the governor.  The governor shall appoint five eight members from the general public to the board, one from each congressional district, subject to the advice and consent of the senate.  At least two of The five public members must have knowledge of and be conversant in water management issues in the state environmental review or permitting.  Notwithstanding the provisions of section 15.06, subdivision 6, members of the board may not delegate their powers and responsibilities as board members to any other person.

 

Sec. 135.  Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read:

 

Subd. 2.  Jurisdiction.  (a) The board shall determine which environmental problems of interdepartmental concern to state government shall be considered by the board.  The board shall initiate interdepartmental investigations into those matters that it determines are in need of study.  Topics for investigation may include but need not be limited to future population and settlement patterns, air and water resources and quality, solid waste management, transportation and utility corridors, economically productive open space, energy policy and need, growth and development, and land use planning.

 

(b) The board shall review programs of state agencies that significantly affect the environment and coordinate those it determines are interdepartmental in nature, and insure agency compliance with state environmental policy.

 

(c) The board may review environmental rules and criteria for granting and denying permits by state agencies and may resolve conflicts involving state agencies with regard to programs, rules, permits and procedures significantly affecting the environment, provided that such resolution of conflicts is consistent with state environmental policy.

 

(d) State agencies shall submit to the board all proposed legislation of major significance relating to the environment and the board shall submit a report to the governor and the legislature with comments on such major environmental proposals of state agencies.

 

Sec. 136.  Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:

 

Subd. 2a.  When prepared.  (a) Where there is potential for significant environmental effects resulting from any major governmental action, the action shall be preceded by a detailed environmental impact statement prepared by the responsible governmental unit.  The environmental impact statement shall be an analytical rather than an


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encyclopedic document which describes the proposed action in detail, analyzes its significant environmental impacts, discusses appropriate alternatives to the proposed action and their impacts, and explores methods by which adverse environmental impacts of an action could be mitigated.  The environmental impact statement shall also analyze those economic, employment, and sociological effects that cannot be avoided should the action be implemented.  To ensure its use in the decision-making process, the environmental impact statement shall be prepared as early as practical in the formulation of an action.

 

(a) (b) The board shall by rule establish categories of actions for which environmental impact statements and for which environmental assessment worksheets shall be prepared as well as categories of actions for which no environmental review is required under this section.  A mandatory environmental assessment worksheet shall is not be required for the expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded or converted facility to produce alcohol fuel, but must be required if the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories of actions for which environmental assessment worksheets must be prepared.  The responsible governmental unit for an ethanol plant or biobutanol facility project for which an environmental assessment worksheet is prepared shall be is the state agency with the greatest responsibility for supervising or approving the project as a whole.

 

(c) A mandatory environmental impact statement shall is not be required for a facility or plant located outside the seven-county metropolitan area that produces less than 125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000 tons of chemicals annually, if the facility or plant is:  an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15, subdivision 2d; or a cellulosic biofuel facility.  A facility or plant that only uses a cellulosic feedstock to produce chemical products for use by another facility as a feedstock shall is not be considered a fuel conversion facility as used in rules adopted under this chapter.

 

(b) (d) The responsible governmental unit shall promptly publish notice of the completion of an environmental assessment worksheet by publishing the notice in at least one newspaper of general circulation in the geographic area where the project is proposed, by posting the notice on a Web site that has been designated as the official publication site for publication of proceedings, public notices, and summaries of a political subdivision in which the project is proposed, or in any other manner determined by the board and shall provide copies of the environmental assessment worksheet to the board and its member agencies.  Comments on the need for an environmental impact statement may be submitted to the responsible governmental unit during a 30-day period following publication of the notice that an environmental assessment worksheet has been completed.  The responsible governmental unit's decision on the need for an environmental impact statement shall be based on the environmental assessment worksheet and the comments received during the comment period, and shall be made within 15 days after the close of the comment period.  The board's chair may extend the 15-day period by not more than 15 additional days upon the request of the responsible governmental unit.

 

(c) (e) An environmental assessment worksheet shall also be prepared for a proposed action whenever material evidence accompanying a petition by not less than 100 individuals who reside or own property in the state, submitted before the proposed project has received final approval by the appropriate governmental units, demonstrates that, because of the nature or location of a proposed action, there may be potential for significant environmental effects.  Petitions requesting the preparation of an environmental assessment worksheet shall be submitted to the board.  The chair of the board shall determine the appropriate responsible governmental unit and forward the petition to it.  A decision on the need for an environmental assessment worksheet shall be made by the responsible governmental unit within 15 days after the petition is received by the responsible governmental unit.  The board's chair may extend the 15-day period by not more than 15 additional days upon request of the responsible governmental unit.


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(d) (f) Except in an environmentally sensitive location where Minnesota Rules, part 4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental review under this chapter and rules of the board, if:

 

(1) the proposed action is:

 

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

 

(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity of less than 1,000 animal units;

 

(2) the application for the animal feedlot facility includes a written commitment by the proposer to design, construct, and operate the facility in full compliance with Pollution Control Agency feedlot rules; and

 

(3) the county board holds a public meeting for citizen input at least ten business days prior to before the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot facility unless another public meeting for citizen input has been held with regard to the feedlot facility to be permitted.  The exemption in this paragraph is in addition to other exemptions provided under other law and rules of the board.

 

(e) (g) The board may, prior to before final approval of a proposed project, require preparation of an environmental assessment worksheet by a responsible governmental unit selected by the board for any action where environmental review under this section has not been specifically provided for by rule or otherwise initiated.

 

(f) (h) An early and open process shall be utilized to limit the scope of the environmental impact statement to a discussion of those impacts, which that, because of the nature or location of the project, have the potential for significant environmental effects.  The same process shall be utilized to determine the form, content, and level of detail of the statement as well as the alternatives which that are appropriate for consideration in the statement.  In addition, the permits which that will be required for the proposed action shall be identified during the scoping process.  Further, the process shall identify those permits for which information will be developed concurrently with the environmental impact statement.  The board shall provide in its rules for the expeditious completion of the scoping process.  The determinations reached in the process shall be incorporated into the order requiring the preparation of an environmental impact statement.

 

(g) (i) The responsible governmental unit shall, to the extent practicable, avoid duplication and ensure coordination between state and federal environmental review and between environmental review and environmental permitting.  Whenever practical, information needed by a governmental unit for making final decisions on permits or other actions required for a proposed project shall be developed in conjunction with the preparation of an environmental impact statement.  When an environmental impact statement is prepared for a project requiring multiple permits for which two or more agencies' decision processes include either mandatory or discretionary hearings before a hearing officer prior to before the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the contrary, conduct the hearings in a single consolidated hearing process if requested by the proposer.  All agencies having jurisdiction over a permit that is included in the consolidated hearing shall participate.  The responsible governmental unit shall establish appropriate procedures for the consolidated hearing process, including procedures to ensure that the consolidated hearing process is consistent with the applicable requirements for each permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.  All agencies having jurisdiction over a permit identified in the draft environmental impact statement must accept and begin reviewing any permit application upon publication of the notice of preparation of the environmental impact statement.

 

(h) (j) An environmental impact statement shall be prepared and its adequacy determined within 280 days after notice of its preparation unless the time is extended by consent of the parties or by the governor for good cause.  The responsible governmental unit shall determine the adequacy of an environmental impact statement, unless within


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60 days after notice is published that an environmental impact statement will be prepared, the board chooses to determine the adequacy of an environmental impact statement.  If an environmental impact statement is found to be inadequate, the responsible governmental unit shall have 60 days to prepare an adequate environmental impact statement.

 

(i) (k) The proposer of a specific action may include in the information submitted to the responsible governmental unit a preliminary draft environmental impact statement under this section on that action for review, modification, and determination of completeness and adequacy by the responsible governmental unit.  A preliminary draft environmental impact statement prepared by the project proposer and submitted to the responsible governmental unit shall identify or include as an appendix all studies and other sources of information used to substantiate the analysis contained in the preliminary draft environmental impact statement.  The responsible governmental unit shall require additional studies, if needed, and obtain from the project proposer all additional studies and information necessary for the responsible governmental unit to perform its responsibility to review, modify, and determine the completeness and adequacy of the environmental impact statement.

 

Sec. 137.  Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:

 

Subd. 10.  Review.  A person aggrieved by a final decision on the need for an environmental assessment worksheet, the need for an environmental impact statement, or the adequacy of an environmental impact statement is entitled to judicial review of the decision under sections 14.63 to 14.68.  A petition for a writ of certiorari by an aggrieved person for judicial review under sections 14.63 to 14.68 must be filed with the Court of Appeals and served on the responsible governmental unit not more than 30 45 days after the party receives the final decision and order of the responsible governmental unit provides notice of the decision as required by law.  Proceedings for review under this section must be instituted by serving a petition for a writ of certiorari personally or by certified mail upon the responsible governmental unit and by promptly filing the proof of service in the Office of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by the Rules of Civil Appellate Procedure.  A copy of the petition must be provided to the attorney general at the time of service.  Copies of the writ must be served, personally or by certified mail, upon the responsible governmental unit and the project proposer.  The filing of the writ of certiorari does not stay the enforcement of any other governmental action, provided that the responsible governmental unit may stay enforcement or the Court of Appeals may order a stay upon terms it deems proper.  A bond may be required under section 562.02 unless at the time of hearing on the application for the bond the petitioner-relator has shown that the claim is likely to succeed on the merits.  The board may initiate judicial review of decisions referred to herein and the board or a project proposer may intervene as of right in any proceeding brought under this subdivision.

 

Sec. 138.  Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:

 

Subdivision 1.  Assessment.  The board shall must by rule adopt procedures to:

 

(1) assess the proposer of a specific action for the responsible governmental unit's reasonable costs of preparing, reviewing, and distributing the environmental impact statement.  The costs shall must be determined by the responsible governmental unit pursuant according to the rules promulgated adopted by the board; and

 

(2) authorize a proposer of a specific action to prepare a draft environmental impact statement for that action for submission to and review, modification, and determination of completeness and adequacy by the responsible governmental unit.