1.2relating to state government; appropriating money for environment, natural
1.3resources, and agriculture; modifying and providing for certain fees; modifying
1.4and providing for disposition of certain revenue; creating accounts; modifying
1.5payment of certain costs; modifying grant programs; providing for agricultural
1.6water quality certification; modifying Minnesota Noxious Weed Law; modifying
1.7pesticide control; modifying animal waste technician provisions; modifying
1.8certain renewable energy and biofuel provisions; modifying bonding requirements
1.9for grain buyers and grain storage; making technical changes; modifying certain
1.10permit requirements; providing for federal law compliance; providing for certain
1.11easements; establishing pollinator habitat program; modifying state trails;
1.12providing for donations to grant-in-aid trail programs; modifying all-terrain
1.13vehicle operating provisions; modifying State Timber Act; modifying water
1.14use requirements; modifying certain park boundaries; modifying reporting
1.15requirements; modifying Petroleum Tank Release Cleanup Act; providing for
1.16silica sand mining model standards and technical assistance; establishing criteria
1.17for wastewater treatment system projects; providing for wastewater laboratory
1.18certification; providing for product stewardship programs; modifying Minnesota
1.19Power Plant Siting Act; providing for sanitary districts; requiring rulemaking;
1.20amending Minnesota Statutes 2012, sections 17.03, subdivision 3; 17.1015;
1.2117.118, subdivision 2; 18.77, subdivisions 3, 4, 10, 12; 18.78, subdivision 3;
1.2218.79, subdivisions 6, 13; 18.82, subdivision 1; 18.91, subdivisions 1, 2; 18B.01,
1.23by adding a subdivision; 18B.065, subdivision 2a; 18B.07, subdivisions 4, 5, 7;
1.2418B.26, subdivision 3; 18B.305; 18B.316, subdivisions 1, 3, 4, 8, 9; 18B.37,
1.25subdivision 4; 18C.430; 18C.433, subdivision 1; 31.94; 41A.10, subdivision 2,
1.26by adding a subdivision; 41A.105, subdivisions 1a, 3, 5; 41A.12, by adding a
1.27subdivision; 41B.04, subdivision 9; 41D.01, subdivision 4; 84.027, by adding
1.28a subdivision; 84.788, by adding a subdivision; 84.794, subdivision 1; 84.798,
1.29by adding a subdivision; 84.803, subdivision 1; 84.82, by adding subdivisions;
1.3084.83, subdivision 2; 84.922, by adding subdivisions; 84.9256, subdivision
1.311; 84.928, subdivision 1; 84D.108, subdivision 2; 85.015, subdivision 13;
1.3285.052, subdivision 6; 85.054, by adding a subdivision; 85.055, subdivisions
1.331, 2; 85.41, by adding a subdivision; 85.42; 85.43; 85.46, subdivision 6,
1.34by adding a subdivision; 89.0385; 89.17; 90.01, subdivisions 4, 5, 6, 8, 11;
1.3590.031, subdivision 4; 90.041, subdivisions 2, 5, 6, 9, by adding subdivisions;
1.3690.045; 90.061, subdivision 8; 90.101, subdivision 1; 90.121; 90.145; 90.151,
1.37subdivisions 1, 2, 3, 4, 6, 7, 8, 9; 90.161; 90.162; 90.171; 90.181, subdivision 2;
1.3890.191, subdivision 1; 90.193; 90.195; 90.201, subdivision 2a; 90.211; 90.221;
1.3990.252, subdivision 1; 90.301, subdivisions 2, 4; 90.41, subdivision 1; 92.50;
2.193.17, subdivision 1; 93.1925, subdivision 2; 93.25, subdivision 2; 93.285,
2.2subdivision 3; 93.46, by adding a subdivision; 93.481, subdivisions 3, 5, by
2.3adding subdivisions; 93.482; 97A.401, subdivision 3; 103G.265, subdivisions 2,
2.43; 103G.271, subdivision 6; 103G.282; 103G.287, subdivisions 1, 5; 103G.615,
2.5subdivision 2; 103I.205, subdivision 1; 103I.601, by adding a subdivision;
2.6114D.50, subdivision 4; 115A.1320, subdivision 1; 115B.20, subdivision 6;
2.7115B.28, subdivision 1; 115C.02, subdivision 4; 115C.08, subdivision 4, by
2.8adding a subdivision; 115D.10; 116.48, subdivision 6; 116C.03, subdivisions
2.92, 4, 5; 116D.04, by adding a subdivision; 116J.437, subdivision 1; 168.1296,
2.10subdivision 1; 216E.12, subdivision 4; 223.17, by adding a subdivision; 232.22,
2.11by adding a subdivision; 239.051, by adding subdivisions; 239.791, subdivisions
2.121, 2a, 2b; 239.7911; 275.066; 296A.01, subdivision 19, by adding a subdivision;
2.13473.846; Laws 2012, chapter 249, section 11; proposing coding for new law
2.14in Minnesota Statutes, chapters 17; 18; 84; 90; 93; 115; 115A; 116C; 216E;
2.15proposing coding for new law as Minnesota Statutes, chapter 442A; repealing
2.16Minnesota Statutes 2012, sections 18.91, subdivisions 3, 5; 18B.07, subdivision
2.176; 90.163; 90.173; 90.41, subdivision 2; 103G.265, subdivision 2a; 115.18,
2.18subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10; 115.19; 115.20; 115.21; 115.22; 115.23;
2.19115.24; 115.25; 115.26; 115.27; 115.28; 115.29; 115.30; 115.31; 115.32; 115.33;
2.20115.34; 115.35; 115.36; 115.37; 239.791, subdivision 1a; Minnesota Rules, parts
2.217021.0010, subparts 1, 2, 4, 5; 7021.0020; 7021.0030; 7021.0040; 7021.0050,
2.22subpart 5; 9210.0300; 9210.0310; 9210.0320; 9210.0330; 9210.0340; 9210.0350;
2.239210.0360; 9210.0370; 9210.0380; 9220.0530, subpart 6.
2.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.26AGRICULTURE APPROPRIATIONS
2.27
|
Section 1. SUMMARY OF APPROPRIATIONS.
|
|
|
|
|
|
|
|
|
2.28The amounts shown in this section summarize direct appropriations, by fund, made
2.29in this article.
2.30
|
|
|
2014
|
|
2015
|
|
Total
|
2.31
|
General
|
$
|
39,504,000
|
$
|
39,646,000
|
$
|
79,150,000
|
2.32
|
Agricultural
|
$
|
1,240,000
|
$
|
1,240,000
|
$
|
2,480,000
|
2.33
|
Remediation
|
$
|
388,000
|
$
|
388,000
|
$
|
776,000
|
2.34
|
Total
|
$
|
41,132,000
|
$
|
41,274,000
|
$
|
82,406,000
|
2.35
|
Sec. 2. AGRICULTURE APPROPRIATIONS.
|
2.36The sums shown in the columns marked "Appropriations" are appropriated to the
2.37agencies and for the purposes specified in this article. The appropriations are from the
2.38general fund, or another named fund, and are available for the fiscal years indicated
2.39for each purpose. The figures "2014" and "2015" used in this article mean that the
2.40appropriations listed under them are available for the fiscal year ending June 30, 2014, or
2.41June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
2.42year 2015. "The biennium" is fiscal years 2014 and 2015.
3.1
|
|
|
|
APPROPRIATIONS
|
3.2
|
|
|
|
Available for the Year
|
3.3
|
|
|
|
Ending June 30
|
3.4
|
|
|
|
|
2014
|
|
2015
|
3.5
|
Sec. 3. DEPARTMENT OF AGRICULTURE.
|
|
|
|
|
3.6
|
Subdivision 1.Total Appropriation
|
$
|
33,620,000
|
$
|
33,736,000
|
3.7
|
Appropriations by Fund
|
3.8
|
|
2014
|
2015
|
3.9
|
General
|
31,992,000
|
32,102,000
|
3.10
|
Agricultural
|
1,240,000
|
1,240,000
|
3.11
|
Remediation
|
388,000
|
388,000
|
3.12The amounts that may be spent for each
3.13purpose are specified in the following
3.14subdivisions.
3.15
|
Subd. 2.Protection Services
|
|
12,883,000
|
|
12,883,000
|
3.16
|
Appropriations by Fund
|
3.17
|
|
2014
|
2015
|
3.18
|
General
|
12,055,000
|
12,055,000
|
3.19
|
Agricultural
|
440,000
|
440,000
|
3.20
|
Remediation
|
388,000
|
388,000
|
3.21$388,000 the first year and $388,000 the
3.22second year are from the remediation fund
3.23for administrative funding for the voluntary
3.24cleanup program.
3.25$75,000 the first year and $75,000 the second
3.26year are for compensation for destroyed or
3.27crippled animals under Minnesota Statutes,
3.28section 3.737. If the amount in the first year
3.29is insufficient, the amount in the second year
3.30is available in the first year.
3.31$75,000 the first year and $75,000 the second
3.32year are for compensation for crop damage
3.33under Minnesota Statutes, section 3.7371. If
3.34the amount in the first year is insufficient, the
4.1amount in the second year is available in the
4.2first year.
4.3If the commissioner determines that claims
4.4made under Minnesota Statutes, section
4.53.737 or 3.7371, are unusually high, amounts
4.6appropriated for either program may be
4.7transferred to the appropriation for the other
4.8program.
4.9$225,000 the first year and $225,000 the
4.10second year are for an increase in retail food
4.11handler inspections.
4.12$25,000 the first year and $25,000 the second
4.13year are for training manuals for licensure
4.14related to commercial manure application.
4.15$245,000 the first year and $245,000 the
4.16second year are for an increase in the
4.17operating budget for the Laboratory Services
4.18Division.
4.19The commissioner may spend up to $10,000
4.20of the amount appropriated each year under
4.21this subdivision to administer the agricultural
4.22water quality certification program.
4.23Notwithstanding Minnesota Statutes, section
4.2418B.05, $90,000 the first year and $90,000
4.25the second year are from the pesticide
4.26regulatory account in the agricultural fund
4.27for an increase in the operating budget for
4.28the Laboratory Services Division.
4.29Notwithstanding Minnesota Statutes, section
4.3018B.05, $100,000 the first year and $100,000
4.31the second year are from the pesticide
4.32regulatory account in the agricultural fund to
4.33update and modify applicator education and
4.34training materials. No later than January 15,
5.12015, the commissioner must report to the
5.2legislative committees with jurisdiction over
5.3agriculture finance regarding the agency's
5.4progress and a schedule of activities the
5.5commissioner will accomplish to update and
5.6modify additional materials by December
5.731, 2017.
5.8Notwithstanding Minnesota Statutes, section
5.918B.05, $100,000 the first year and $100,000
5.10the second year are from the pesticide
5.11regulatory account in the agricultural fund to
5.12monitor pesticides and pesticide degradates
5.13in surface water and groundwater in areas
5.14vulnerable to surface water impairments and
5.15groundwater degradation and to use data
5.16collected to improve pesticide use practices.
5.17This is a onetime appropriation.
5.18Notwithstanding Minnesota Statutes, section
5.1918B.05, $150,000 the first year and $150,000
5.20the second year are from the pesticide
5.21regulatory account in the agricultural fund
5.22for transfer to the commissioner of natural
5.23resources for pollinator habitat restoration
5.24that is visible to the public, along state trails,
5.25and located in various parts of the state and
5.26that includes an appropriate diversity of
5.27native species selected to provide habitat for
5.28pollinators throughout the growing season.
5.29The commissioner of natural resources may
5.30use up to $25,000 each year for pollinator
5.31habitat signage and public awareness. This is
5.32a onetime appropriation.
5.33
5.34
|
Subd. 3.Agricultural Marketing and
Development
|
|
3,152,000
|
|
3,152,000
|
5.35$186,000 the first year and $186,000 the
5.36second year are for transfer to the Minnesota
6.1grown account and may be used as grants
6.2for Minnesota grown promotion under
6.3Minnesota Statutes, section 17.102. Grants
6.4may be made for one year. Notwithstanding
6.5Minnesota Statutes, section 16A.28, the
6.6appropriations encumbered under contract
6.7on or before June 30, 2015, for Minnesota
6.8grown grants in this paragraph are available
6.9until June 30, 2017.
6.10$190,000 the first year and $190,000 the
6.11second year are for grants to farmers for
6.12demonstration projects involving sustainable
6.13agriculture as authorized in Minnesota
6.14Statutes, section 17.116, and for grants
6.15to small or transitioning farmers. Of the
6.16amount for grants, up to $20,000 may be
6.17used for dissemination of information about
6.18demonstration projects. Notwithstanding
6.19Minnesota Statutes, section 16A.28, the
6.20appropriations encumbered under contract
6.21on or before June 30, 2015, for sustainable
6.22agriculture grants in this paragraph are
6.23available until June 30, 2017.
6.24The commissioner may use funds
6.25appropriated in this subdivision for annual
6.26cost-share payments to resident farmers
6.27or entities that sell, process, or package
6.28agricultural products in this state for the costs
6.29of organic certification. Annual cost-share
6.30payments must be two-thirds of the cost of
6.31the certification or $350, whichever is less.
6.32A certified organic operation is eligible to
6.33receive annual cost-share payments for up to
6.34five years. In any year when federal organic
6.35cost-share program funds are available or
6.36when there is any excess appropriation in
7.1either fiscal year, the commissioner may
7.2allocate these funds for organic market and
7.3program development, including organic
7.4producer education efforts, assistance for
7.5persons transitioning from conventional
7.6to organic agriculture, or sustainable
7.7agriculture demonstration grants authorized
7.8under Minnesota Statutes, section 17.116,
7.9and pertaining to organic research or
7.10demonstration. Any unencumbered balance
7.11does not cancel at the end of the first year
7.12and is available for the second year.
7.13The commissioner may spend up to $25,000
7.14of the amount appropriated each year
7.15under this subdivision for pollinator habitat
7.16education and outreach efforts.
7.17
7.18
|
Subd. 4.Bioenergy and Value-Added
Agriculture
|
|
10,235,000
|
|
10,235,000
|
7.19$10,235,000 the first year and $10,235,000
7.20the second year are for the agricultural
7.21growth, research, and innovation program
7.22in Minnesota Statutes, section 41A.12.
7.23The commissioner shall consider creating
7.24a competitive grant program for small
7.25renewable energy projects for rural residents.
7.26No later than February 1, 2014, and February
7.271, 2015, the commissioner must report to
7.28the legislative committees with jurisdiction
7.29over agriculture policy and finance regarding
7.30the commissioner's accomplishments and
7.31anticipated accomplishments in the following
7.32areas: developing new markets for Minnesota
7.33farmers by providing more fruits and
7.34vegetables for Minnesota school children;
7.35facilitating the start-up, modernization,
7.36or expansion of livestock operations
8.1including beginning and transitioning
8.2livestock operations; facilitating the start-up,
8.3modernization, or expansion of other
8.4beginning and transitioning farms; research
8.5on conventional and cover crops; and biofuel
8.6and other renewable energy development
8.7including small renewable energy projects
8.8for rural residents.
8.9The commissioner may use up to 4.5 percent
8.10of this appropriation for costs incurred to
8.11administer the program. Any unencumbered
8.12balance does not cancel at the end of the first
8.13year and is available for the second year.
8.14Notwithstanding Minnesota Statutes, section
8.1516A.28, the appropriations encumbered
8.16under contract on or before June 30, 2015, for
8.17agricultural growth, research, and innovation
8.18grants in this subdivision are available until
8.19June 30, 2017.
8.20Funds in this appropriation may be used
8.21for bioenergy grants. The NextGen
8.22Energy Board, established in Minnesota
8.23Statutes, section 41A.105, shall make
8.24recommendations to the commissioner on
8.25grants for owners of Minnesota facilities
8.26producing bioenergy; for organizations that
8.27provide for on-station, on-farm field scale
8.28research and outreach to develop and test
8.29the agronomic and economic requirements
8.30of diverse stands of prairie plants and other
8.31perennials for bioenergy systems; or for
8.32certain nongovernmental entities. For the
8.33purposes of this paragraph, "bioenergy"
8.34includes transportation fuels derived from
8.35cellulosic material, as well as the generation
8.36of energy for commercial heat, industrial
9.1process heat, or electrical power from
9.2cellulosic materials via gasification or
9.3other processes. Grants are limited to 50
9.4percent of the cost of research, technical
9.5assistance, or equipment related to bioenergy
9.6production or $500,000, whichever is less.
9.7Grants to nongovernmental entities for the
9.8development of business plans and structures
9.9related to community ownership of eligible
9.10bioenergy facilities together may not exceed
9.11$150,000. The board shall make a good-faith
9.12effort to select projects that have merit and,
9.13when taken together, represent a variety of
9.14bioenergy technologies, biomass feedstocks,
9.15and geographic regions of the state. Projects
9.16must have a qualified engineer provide
9.17certification on the technology and fuel
9.18source. Grantees must provide reports at
9.19the request of the commissioner. No later
9.20than February 1, 2014, and February 1,
9.212015, the commissioner shall report on the
9.22projects funded under this appropriation to
9.23the legislative committees with jurisdiction
9.24over agriculture policy and finance.
9.25
9.26
|
Subd. 5.Administration and Financial
Assistance
|
|
7,350,000
|
|
7,460,000
|
9.27
|
Appropriations by Fund
|
9.28
|
|
2014
|
2015
|
9.29
|
General
|
6,550,000
|
6,660,000
|
9.30
|
Agricultural
|
800,000
|
800,000
|
9.31$634,000 the first year and $634,000 the
9.32second year are for continuation of the dairy
9.33development and profitability enhancement
9.34and dairy business planning grant programs
9.35established under Laws 1997, chapter
9.36216, section 7, subdivision 2, and Laws
10.12001, First Special Session chapter 2,
10.2section 9, subdivision 2. The commissioner
10.3may allocate the available sums among
10.4permissible activities, including efforts to
10.5improve the quality of milk produced in the
10.6state in the proportions that the commissioner
10.7deems most beneficial to Minnesota's
10.8dairy farmers. The commissioner must
10.9submit a detailed accomplishment report
10.10and a work plan detailing future plans for,
10.11and anticipated accomplishments from,
10.12expenditures under this program to the
10.13chairs and ranking minority members of the
10.14legislative committees with jurisdiction over
10.15agricultural policy and finance on or before
10.16the start of each fiscal year. If significant
10.17changes are made to the plans in the course
10.18of the year, the commissioner must notify the
10.19chairs and ranking minority members.
10.20$47,000 the first year and $47,000 the second
10.21year are for the Northern Crops Institute.
10.22These appropriations may be spent to
10.23purchase equipment.
10.24$18,000 the first year and $18,000 the
10.25second year are for a grant to the Minnesota
10.26Livestock Breeders' Association.
10.27$235,000 the first year and $235,000 the
10.28second year are for grants to the Minnesota
10.29Agriculture Education Leadership Council
10.30for programs of the council under Minnesota
10.31Statutes, chapter 41D.
10.32$474,000 the first year and $474,000 the
10.33second year are for payments to county and
10.34district agricultural societies and associations
10.35under Minnesota Statutes, section 38.02,
11.1subdivision 1. Aid payments to county and
11.2district agricultural societies and associations
11.3shall be disbursed no later than July 15 of
11.4each year. These payments are the amount of
11.5aid from the state for an annual fair held in
11.6the previous calendar year.
11.7$1,000 the first year and $1,000 the second
11.8year are for grants to the Minnesota State
11.9Poultry Association.
11.10$108,000 the first year and $108,000 the
11.11second year are for annual grants to the
11.12Minnesota Turf Seed Council for basic
11.13and applied research on: (1) the improved
11.14production of forage and turf seed related to
11.15new and improved varieties; and (2) native
11.16plants, including plant breeding, nutrient
11.17management, pest management, disease
11.18management, yield, and viability. The grant
11.19recipient may subcontract with a qualified
11.20third party for some or all of the basic or
11.21applied research.
11.22$500,000 the first year and $500,000 the
11.23second year are for grants to Second Harvest
11.24Heartland on behalf of Minnesota's six
11.25Second Harvest food banks for the purchase
11.26of milk for distribution to Minnesota's food
11.27shelves and other charitable organizations
11.28that are eligible to receive food from the food
11.29banks. Milk purchased under the grants must
11.30be acquired from Minnesota milk processors
11.31and based on low-cost bids. The milk must be
11.32allocated to each Second Harvest food bank
11.33serving Minnesota according to the formula
11.34used in the distribution of United States
11.35Department of Agriculture commodities
12.1under The Emergency Food Assistance
12.2Program (TEFAP). Second Harvest
12.3Heartland must submit quarterly reports
12.4to the commissioner on forms prescribed
12.5by the commissioner. The reports must
12.6include, but are not limited to, information
12.7on the expenditure of funds, the amount
12.8of milk purchased, and the organizations
12.9to which the milk was distributed. Second
12.10Harvest Heartland may enter into contracts
12.11or agreements with food banks for shared
12.12funding or reimbursement of the direct
12.13purchase of milk. Each food bank receiving
12.14money from this appropriation may use up to
12.15two percent of the grant for administrative
12.16expenses.
12.17$94,000 the first year and $94,000 the
12.18second year are for transfer to the Board of
12.19Trustees of the Minnesota State Colleges
12.20and Universities for statewide mental health
12.21counseling support to farm families and
12.22business operators through farm business
12.23management programs at Central Lakes
12.24College and Ridgewater College.
12.25$17,000 the first year and $17,000 the second
12.26year are for grants to the Minnesota State
12.27Horticultural Society.
12.28Notwithstanding Minnesota Statutes,
12.29section 18C.131, $800,000 the first year
12.30and $800,000 the second year are from
12.31the fertilizer inspection account in the
12.32agricultural fund for grants for fertilizer
12.33research as awarded by the Minnesota
12.34Agricultural Fertilizer Research and
12.35Education Council under Minnesota Statutes,
13.1section 18C.71. The amount appropriated in
13.2either fiscal year must not exceed 57 percent
13.3of the inspection fee revenue collected
13.4under Minnesota Statutes, section 18C.425,
13.5subdivision 6, during the previous fiscal
13.6year. No later than February 1, 2015, the
13.7commissioner shall report to the legislative
13.8committees with jurisdiction over agriculture
13.9finance. The report must include the progress
13.10and outcome of funded projects as well as
13.11the sentiment of the council concerning the
13.12need for additional research funds.
13.13
|
Sec. 4. BOARD OF ANIMAL HEALTH
|
$
|
4,869,000
|
$
|
4,901,000
|
13.14
13.15
|
Sec. 5. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE
|
$
|
2,643,000
|
$
|
2,643,000
|
13.16Money in this appropriation is available for
13.17technical assistance and technology transfer
13.18to bioenergy crop producers and users.
13.21 Section 1. Minnesota Statutes 2012, section 17.03, subdivision 3, is amended to read:
13.22 Subd. 3.
Cooperation with federal agencies. (a) The commissioner shall cooperate
13.23with the government of the United States, with financial agencies created to assist in the
13.24development of the agricultural resources of this state, and so far as practicable may use
13.25the facilities provided by the existing state departments and the various state and local
13.26organizations. This subdivision is intended to relate to every function and duty which
13.27devolves upon the commissioner.
13.28 (b) The commissioner may apply for, receive, and disburse federal funds made
13.29available to the state by federal law or regulation for any purpose related to the powers and
13.30duties of the commissioner. All money received by the commissioner under this paragraph
13.31shall be deposited in the state treasury and is appropriated to the commissioner for the
13.32purposes for which it was received.
Money made available under this paragraph may
13.33be paid pursuant to applicable federal regulations and rate structures. Money received
14.1under this paragraph does not cancel and is available for expenditure according to federal
14.2law. The commissioner may contract with and enter into grant agreements with persons,
14.3organizations, educational institutions, firms, corporations, other state agencies, and any
14.4agency or instrumentality of the federal government to carry out agreements made with
14.5the federal government relating to the expenditure of money under this paragraph. Bid
14.6requirements under chapter 16C do not apply to contracts under this paragraph.
14.7 Sec. 2. Minnesota Statutes 2012, section 17.1015, is amended to read:
14.817.1015 PROMOTIONAL EXPENDITURES.
14.9In order to accomplish the purposes of section
17.101, the commissioner may
14.10participate jointly with private persons in appropriate programs and projects and may enter
14.11into contracts to carry out those programs and projects. The contracts may not include
14.12the acquisition of land or buildings and are not subject to the provisions of chapter 16C
14.13relating to competitive bidding.
14.14The commissioner may spend money appropriated for the purposes of section
14.1517.101
in the same manner that private persons, firms, corporations, and associations
14.16make expenditures for these purposes, and expenditures made pursuant to section
17.101
14.17for food, lodging, or travel are not governed by the travel rules of the commissioner of
14.18management and budget.
14.19 Sec. 3. Minnesota Statutes 2012, section 17.118, subdivision 2, is amended to read:
14.20 Subd. 2.
Definitions. (a) For the purposes of this section, the terms defined in this
14.21subdivision have the meanings given them.
14.22 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
14.23cervidae, ratitae, bison, sheep, horses, and llamas.
14.24 (c) "Qualifying expenditures" means the amount spent for:
14.25 (1) the acquisition, construction, or improvement of buildings or facilities for the
14.26production of livestock or livestock products;
14.27 (2) the development of pasture for use by livestock including, but not limited to, the
14.28acquisition, development, or improvement of:
14.29 (i) lanes used by livestock that connect pastures to a central location;
14.30 (ii) watering systems for livestock on pasture including water lines, booster pumps,
14.31and well installations;
14.32 (iii) livestock stream crossing stabilization; and
14.33 (iv) fences; or
15.1 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
15.2waste management including, but not limited to, the following:
15.3 (i) freestall barns;
15.4 (ii) watering facilities;
15.5 (iii) feed storage and handling equipment;
15.6 (iv) milking parlors;
15.7 (v) robotic equipment;
15.8 (vi) scales;
15.9 (vii) milk storage and cooling facilities;
15.10 (viii) bulk tanks;
15.11 (ix) computer hardware and software and associated equipment used to monitor
15.12the productivity and feeding of livestock;
15.13 (x) manure pumping and storage facilities;
15.14 (xi) swine farrowing facilities;
15.15 (xii) swine and cattle finishing barns;
15.16 (xiii) calving facilities;
15.17 (xiv) digesters;
15.18 (xv) equipment used to produce energy;
15.19 (xvi) on-farm processing facilities equipment;
15.20 (xvii) fences; and
15.21 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
15.22 Except for qualifying pasture development expenditures under clause (2), qualifying
15.23expenditures only include amounts that are allowed to be capitalized and deducted under
15.24either section 167 or 179 of the Internal Revenue Code in computing federal taxable
15.25income. Qualifying expenditures do not include an amount paid to refinance existing debt.
15.26 (d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
15.27calendar year of which the first six months precede the first day of the current fiscal year. For
15.28example, an eligible person who makes qualifying expenditures during calendar year 2008
15.29is eligible to receive a livestock investment grant between July 1, 2008, and June 30, 2009.
15.30 Sec. 4.
[17.9891] PURPOSE.
15.31The commissioner, in consultation with the commissioner of natural resources,
15.32commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
15.33may implement a Minnesota agricultural water quality certification program whereby a
15.34producer who demonstrates practices and management sufficient to protect water quality
15.35is certified for up to ten years and presumed to be contributing the producer's share of
16.1any targeted reduction of water pollutants during the certification period. The program
16.2is voluntary. The program will first be piloted in selected watersheds across the state,
16.3until such time as the commissioner, in consultation with the commissioner of natural
16.4resources, commissioner of the Pollution Control Agency, and Board of Water and Soil
16.5Resources, determines the program is ready for expansion.
16.6 Sec. 5.
[17.9892] DEFINITIONS.
16.7 Subdivision 1. Application. The definitions in this section apply to sections
16.817.9891 to 17.993.
16.9 Subd. 2. Certification. "Certification" means a producer has demonstrated
16.10compliance with all applicable environmental rules and statutes for all of the producer's
16.11owned and rented agricultural land and has achieved a satisfactory score through the
16.12certification instrument as verified by a certifying agent.
16.13 Subd. 3. Certifying agent. "Certifying agent" means a person who is authorized
16.14by the commissioner to assess producers to determine whether a producer satisfies the
16.15standards of the program.
16.16 Subd. 4. Effective control. "Effective control" means possession of land by
16.17ownership, written lease, or other legal agreement and authority to act as decision
16.18maker for the day-to-day management of the operation at the time the producer achieves
16.19certification and for the required certification period.
16.20 Subd. 5. Eligible land. "Eligible land" means all acres of a producer's agricultural
16.21operation, whether contiguous or not, that are under the effective control of the producer
16.22at the time the producer enters into the program and that the producer operates with
16.23equipment, labor, and management.
16.24 Subd. 6. Program. "Program" means the Minnesota agricultural water quality
16.25certification program.
16.26 Subd. 7. Technical assistance. "Technical assistance" means professional, advisory,
16.27or cost-share assistance provided to individuals in order to achieve certification.
16.28 Sec. 6.
[17.9893] CERTIFICATION INSTRUMENT.
16.29The commissioner, in consultation with the commissioner of natural resources,
16.30commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
16.31shall develop an analytical instrument to assess the water quality practices and
16.32management of agricultural operations. This instrument shall be used to certify that the
16.33water quality practices and management of an agricultural operation are consistent with
17.1state water quality goals and standards. The commissioner shall define a satisfactory score
17.2for certification purposes. The certification instrument tool shall:
17.3(1) integrate applicable existing regulatory requirements;
17.4(2) utilize technology and prioritize ease of use;
17.5(3) utilize a water quality index or score applicable to the landscape;
17.6(4) incorporate a process for updates and revisions as practices, management, and
17.7technology changes become established and approved; and
17.8(5) comprehensively address water quality impacts.
17.9 Sec. 7.
[17.9894] CERTIFYING AGENT LICENSE.
17.10 Subdivision 1. License. A person who offers certification services to producers
17.11as part of the program must satisfy all criteria in subdivision 2 and be licensed by
17.12the commissioner. A certifying agent is ineligible to provide certification services
17.13to any producer to whom the certifying agent has also provided technical assistance.
17.14Notwithstanding section 16A.1283, the commissioner may set license fees.
17.15 Subd. 2. Certifying agent requirements. In order to be licensed as a certifying
17.16agent, a person must:
17.17(1) be an agricultural conservation professional employed by the state of Minnesota,
17.18a soil and water conservation district, or the Natural Resources Conservation Service or a
17.19Minnesota certified crop advisor as recognized by the American Society of Agronomy;
17.20(2) have passed a comprehensive exam, as set by the commissioner, evaluating
17.21knowledge of water quality, soil health, best farm management techniques, and the
17.22certification instrument; and
17.23(3) maintain continuing education requirements as set by the commissioner.
17.24 Sec. 8.
[17.9895] DUTIES OF A CERTIFYING AGENT.
17.25 Subdivision 1. Duties. A certifying agent shall conduct a formal certification
17.26assessment utilizing the certification instrument to determine whether a producer meets
17.27program criteria. If a producer satisfies all requirements, the certifying agent shall notify
17.28the commissioner of the producer's eligibility and request that the commissioner issue a
17.29certificate. All records and documents used in the assessment shall be compiled by the
17.30certifying agent and submitted to the commissioner.
17.31 Subd. 2. Violations. (a) In the event a certifying agent violates any provision of
17.32sections 17.9891 to 17.993 or an order of the commissioner, the commissioner may issue a
17.33written warning or a correction order and may suspend or revoke a license.
18.1(b) If the commissioner suspends or revokes a license, the certifying agent has ten
18.2days from the date of suspension or revocation to appeal. If a certifying agent appeals, the
18.3commissioner shall hold an administrative hearing within 30 days of the suspension or
18.4revocation of the license, or longer by agreement of the parties, to determine whether the
18.5license is revoked or suspended. The commissioner shall issue an opinion within 30 days.
18.6If a person notifies the commissioner that the person intends to contest the commissioner's
18.7opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with
18.8the applicable provisions of chapter 14 for hearings in contested cases.
18.9 Sec. 9.
[17.9896] CERTIFICATION PROCEDURES.
18.10 Subdivision 1. Producer duties. A producer who seeks certification of eligible land
18.11shall conduct an initial assessment using the certification instrument, obtain technical
18.12assistance if necessary to achieve a satisfactory score on the certification instrument, and
18.13apply for certification from a licensed certifying agent.
18.14 Subd. 2. Additional land. Once certified, if a producer obtains effective control
18.15of additional agricultural land, the producer must notify a certifying agent and obtain
18.16certification of the additional land within one year in order to retain the producer's original
18.17certification.
18.18 Subd. 3. Violations. (a) The commissioner may revoke a certification if the
18.19producer fails to obtain certification on any additional land for which the producer obtains
18.20effective control.
18.21(b) The commissioner may revoke a certification and seek reimbursement of any
18.22monetary benefit a producer may have received due to certification from a producer who
18.23fails to maintain certification criteria.
18.24(c) If the commissioner revokes a certification, the producer has ten days from the
18.25date of suspension or revocation to appeal. If a producer appeals, the commissioner shall
18.26hold an administrative hearing within 30 days of the suspension or revocation of the
18.27certification, or longer by agreement of the parties, to determine whether the certification
18.28is revoked or suspended. The commissioner shall issue an opinion within 30 days. If the
18.29producer notifies the commissioner that the producer intends to contest the commissioner's
18.30opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with
18.31the applicable provisions of chapter 14 for hearings in contested cases.
18.32 Sec. 10.
[17.9897] CERTIFICATION CERTAINTY.
18.33(a) Once a producer is certified, the producer:
19.1(1) retains certification for up to ten years from the date of certification if the
19.2producer complies with the certification agreement, even if the producer does not comply
19.3with new state water protection laws or rules that take effect during the certification period;
19.4(2) is presumed to be meeting the producer's contribution to any targeted reduction
19.5of pollutants during the certification period;
19.6(3) is required to continue implementation of practices that maintain the producer's
19.7certification; and
19.8(4) is required to retain all records pertaining to certification.
19.9(b) Paragraph (a) does not preclude enforcement of a local rule or ordinance by a
19.10local unit of government.
19.11 Sec. 11.
[17.9898] AUDITS.
19.12The commissioner shall perform random audits of producers and certifying agents to
19.13ensure compliance with the program. All producers and certifying agents shall cooperate
19.14with the commissioner during these audits, and provide all relevant documents to the
19.15commissioner for inspection and copying. Any delay, obstruction, or refusal to cooperate
19.16with the commissioner's audit or falsification of or failure to provide required data or
19.17information is a violation subject to the provisions of section 17.9895, subdivision 2, or
19.1817.9896, subdivision 3.
19.19 Sec. 12.
[17.9899] DATA.
19.20All data collected under the program that identifies a producer or a producer's
19.21location are considered nonpublic data as defined in section 13.02, subdivision 9, or
19.22private data on individuals as defined in section 13.02, subdivision 12. The commissioner
19.23shall make available summary data of program outcomes on data classified as private
19.24or nonpublic under this section.
19.25 Sec. 13.
[17.991] RULEMAKING.
19.26The commissioner may adopt rules to implement the program.
19.27 Sec. 14.
[17.992] REPORTS.
19.28The commissioner, in consultation with the commissioner of natural resources,
19.29commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
19.30shall issue a biennial report to the chairs and ranking minority members of the legislative
19.31committees with jurisdiction over agricultural policy on the status of the program.
20.1 Sec. 15.
[17.993] FINANCIAL ASSISTANCE.
20.2The commissioner may use contributions from gifts or other state accounts, provided
20.3that the purpose of the expenditure is consistent with the purpose of the accounts, for
20.4grants, loans, or other financial assistance.
20.5 Sec. 16. Minnesota Statutes 2012, section 18.77, subdivision 3, is amended to read:
20.6 Subd. 3.
Control. "Control" means to
destroy all or part of the aboveground
20.7growth of noxious weeds manage or prevent the maturation and spread of propagating
20.8parts of noxious weeds from one area to another by a lawful method that does not cause
20.9unreasonable adverse effects on the environment as defined in section
18B.01, subdivision
20.1031
, and prevents the maturation and spread of noxious weed propagating parts from one
20.11area to another.
20.12 Sec. 17. Minnesota Statutes 2012, section 18.77, subdivision 4, is amended to read:
20.13 Subd. 4.
Eradicate. "Eradicate" means to destroy the aboveground
growth and the
20.14roots and belowground plant parts of noxious weeds by a lawful method
that, which
20.15 prevents the maturation and spread of noxious weed propagating parts from one area
20.16to another.
20.17 Sec. 18. Minnesota Statutes 2012, section 18.77, subdivision 10, is amended to read:
20.18 Subd. 10.
Permanent pasture, hay meadow, woodlot, and or other noncrop
20.19area. "Permanent pasture, hay meadow, woodlot,
and or other noncrop area" means an
20.20area of predominantly native or seeded perennial plants that can be used for grazing or hay
20.21purposes but is not harvested on a regular basis and is not considered to be a growing crop.
20.22 Sec. 19. Minnesota Statutes 2012, section 18.77, subdivision 12, is amended to read:
20.23 Subd. 12.
Propagating parts. "Propagating parts" means
all plant parts, including
20.24seeds, that are capable of producing new plants.
20.25 Sec. 20.
[18.771] NOXIOUS WEED CATEGORIES.
20.26(a) For purposes of this section, noxious weed category includes each of the
20.27following categories.
20.28(b) "Prohibited noxious weeds" includes noxious weeds that must be controlled or
20.29eradicated on all lands within the state. Transportation of a prohibited noxious weed's
20.30propagating parts is restricted by permit except as allowed by section 18.82. Prohibited
21.1noxious weeds may not be sold or propagated in Minnesota. There are two regulatory
21.2listings for prohibited noxious weeds in Minnesota:
21.3(1) the noxious weed eradicate list is established. Prohibited noxious weeds placed
21.4on the noxious weed eradicate list are plants that are not currently known to be present in
21.5Minnesota or are not widely established. These species must be eradicated; and
21.6(2) the noxious weed control list is established. Prohibited noxious weeds placed on
21.7the noxious weed control list are plants that are already established throughout Minnesota
21.8or regions of the state. Species on this list must at least be controlled.
21.9(c) "Restricted noxious weeds" includes noxious weeds that are widely distributed
21.10in Minnesota, but for which the only feasible means of control is to prevent their spread
21.11by prohibiting the importation, sale, and transportation of their propagating parts in the
21.12state, except as allowed by section 18.82.
21.13(d) "Specially regulated plants" includes noxious weeds that may be native
21.14species or have demonstrated economic value, but also have the potential to cause harm
21.15in noncontrolled environments. Plants designated as specially regulated have been
21.16determined to pose ecological, economical, or human or animal health concerns. Species
21.17specific management plans or rules that define the use and management requirements
21.18for these plants must be developed by the commissioner of agriculture for each plant
21.19designated as specially regulated. The commissioner must also take measures to minimize
21.20the potential for harm caused by these plants.
21.21(e) "County noxious weeds" includes noxious weeds that are designated by
21.22individual county boards to be enforced as prohibited noxious weeds within the county's
21.23jurisdiction and must be approved by the commissioner of agriculture, in consultation with
21.24the Noxious Weed Advisory Committee. Each county board must submit newly proposed
21.25county noxious weeds to the commissioner of agriculture for review. Approved county
21.26noxious weeds shall also be posted with the county's general weed notice prior to May 15
21.27each year. Counties are solely responsible for developing county noxious weed lists and
21.28their enforcement.
21.29 Sec. 21. Minnesota Statutes 2012, section 18.78, subdivision 3, is amended to read:
21.30 Subd. 3.
Cooperative Weed control agreement. The commissioner, municipality,
21.31or county agricultural inspector or county-designated employee may enter into a
21.32cooperative weed control agreement with a landowner or weed management area
21.33group to establish a mutually agreed-upon noxious weed management plan for up to
21.34three years duration, whereby a noxious weed problem will be controlled without
22.1additional enforcement action. If a property owner fails to comply with the noxious weed
22.2management plan, an individual notice may be served.
22.3 Sec. 22. Minnesota Statutes 2012, section 18.79, subdivision 6, is amended to read:
22.4 Subd. 6.
Training for control or eradication of noxious weeds. The commissioner
22.5shall conduct initial training considered necessary for inspectors and county-designated
22.6employees in the enforcement of the Minnesota Noxious Weed Law. The director of
the
22.7 University of Minnesota Extension
Service may conduct educational programs for the
22.8general public that will aid compliance with the Minnesota Noxious Weed Law. Upon
22.9request, the commissioner may provide information and other technical assistance to the
22.10county agricultural inspector or county-designated employee to aid in the performance of
22.11responsibilities specified by the county board under section
18.81, subdivisions 1a and 1b.
22.12 Sec. 23. Minnesota Statutes 2012, section 18.79, subdivision 13, is amended to read:
22.13 Subd. 13.
Noxious weed designation. The commissioner, in consultation with the
22.14Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
22.15subject to
control regulation under sections
18.76 to
18.91. The commissioner shall
22.16prepare, publish, and revise as necessary, but at least once every three years, a list of
22.17noxious weeds and their designated classification. The list must be distributed to the public
22.18by the commissioner who may request the help of
the University of Minnesota Extension,
22.19the county agricultural inspectors, and any other organization the commissioner considers
22.20appropriate to assist in the distribution. The commissioner may, in consultation with
22.21the Noxious Weed Advisory Committee, accept and consider noxious weed designation
22.22petitions from Minnesota citizens or Minnesota organizations or associations.
22.23 Sec. 24. Minnesota Statutes 2012, section 18.82, subdivision 1, is amended to read:
22.24 Subdivision 1.
Permits. Except as provided in section
21.74, if a person wants to
22.25transport along a public highway materials or equipment containing the propagating parts of
22.26weeds designated as noxious by the commissioner, the person must secure a written permit
22.27for transportation of the material or equipment from an inspector or county-designated
22.28employee. Inspectors or county-designated employees may issue permits to persons
22.29residing or operating within their jurisdiction.
If the noxious weed propagating parts are
22.30removed from materials and equipment or devitalized before being transported, a permit is
22.31not needed A permit is not required for the transport of noxious weeds for the purpose
22.32of destroying propagating parts at a Department of Agriculture-approved disposal site.
23.1Anyone transporting noxious weed propagating parts for this purpose shall ensure that all
23.2materials are contained in a manner that prevents escape during transport.
23.3 Sec. 25. Minnesota Statutes 2012, section 18.91, subdivision 1, is amended to read:
23.4 Subdivision 1.
Duties. The commissioner shall consult with the Noxious Weed
23.5Advisory Committee to advise the commissioner concerning responsibilities under
23.6the noxious weed control program. The committee shall
also evaluate species for
23.7invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused
23.8by them. For each species evaluated, the committee shall recommend to the commissioner
23.9on which noxious weed list or lists, if any, the species should be placed. Species
currently
23.10 designated as prohibited or restricted noxious weeds
or specially regulated plants must
23.11be reevaluated every three years for a recommendation on whether or not they need to
23.12remain on the noxious weed lists.
The committee shall also advise the commissioner on
23.13the implementation of the Minnesota Noxious Weed Law and assist the commissioner in
23.14the development of management criteria for each noxious weed category. Members of
23.15the committee are not entitled to reimbursement of expenses nor payment of per diem.
23.16Members shall serve two-year terms with subsequent reappointment by the commissioner.
23.17 Sec. 26. Minnesota Statutes 2012, section 18.91, subdivision 2, is amended to read:
23.18 Subd. 2.
Membership. The commissioner shall appoint members, which shall
23.19include representatives from the following:
23.20(1) horticultural science, agronomy, and forestry at the University of Minnesota;
23.21(2) the nursery and landscape industry in Minnesota;
23.22(3) the seed industry in Minnesota;
23.23(4) the Department of Agriculture;
23.24(5) the Department of Natural Resources;
23.25(6) a conservation organization;
23.26(7) an environmental organization;
23.27(8) at least two farm organizations;
23.28(9) the county agricultural inspectors;
23.29(10) city, township, and county governments;
23.30(11) the Department of Transportation;
23.31(12)
the University of Minnesota Extension;
23.32(13) the timber and forestry industry in Minnesota;
23.33(14) the Board of Water and Soil Resources;
and
23.34(15) soil and water conservation districts
.;
24.1(16) Minnesota Association of County Land Commissioners; and
24.2(17) members as needed.
24.3 Sec. 27. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
24.4to read:
24.5 Subd. 4a. Bulk pesticide storage facility. "Bulk pesticide storage facility" means a
24.6facility that is required to have a permit under section 18B.14.
24.7 Sec. 28. Minnesota Statutes 2012, section 18B.065, subdivision 2a, is amended to read:
24.8 Subd. 2a.
Disposal site requirement. (a) For agricultural waste pesticides, the
24.9commissioner must designate a place in each county of the state that is available at least
24.10every other year for persons to dispose of unused portions of agricultural pesticides. The
24.11commissioner shall consult with the person responsible for solid waste management
24.12and disposal in each county to determine an appropriate location and to advertise each
24.13collection event. The commissioner may provide a collection opportunity in a county
24.14more frequently if the commissioner determines that a collection is warranted.
24.15 (b) For nonagricultural waste pesticides, the commissioner must provide a disposal
24.16opportunity each year in each county or enter into a contract with a group of counties
24.17under a joint powers agreement or contract for household hazardous waste disposal.
24.18(c) As provided under subdivision 7, the commissioner may enter into cooperative
24.19agreements with local units of government to provide the collections required under
24.20paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative
24.21agreement, with funding for reasonable costs incurred including, but not limited to, related
24.22supplies, transportation, advertising, and disposal costs as well as reasonable overhead
24.23costs.
24.24 (d) A person who collects waste pesticide under this section shall, on a form
24.25provided or in a method approved by the commissioner, record information on each
24.26waste pesticide product collected including, but not limited to, the quantity collected
24.27and either the product name and its active ingredient or ingredients or the United States
24.28Environmental Protection Agency registration number. The person must submit this
24.29information to the commissioner at least annually by January 30.
24.30 (e) Notwithstanding the recording and reporting requirements of paragraph (d),
24.31persons are not required to record or report agricultural or nonagricultural waste pesticide
24.32collected in the remainder of 2013, 2014, and 2015. The commissioner shall analyze
24.33existing collection data to identify trends that will inform future collection strategies to
24.34better meet the needs and nature of current waste pesticide streams. By January 15, 2015,
25.1the commissioner shall report analysis, recommendations, and proposed policy changes to
25.2this program to legislative committees with jurisdiction over agriculture finance and policy.
25.3EFFECTIVE DATE.This section is effective the day following final enactment
25.4and applies to waste pesticide collected on or after that date through the end of 2015.
25.5 Sec. 29. Minnesota Statutes 2012, section 18B.07, subdivision 4, is amended to read:
25.6 Subd. 4.
Pesticide storage safeguards at application sites. A person may not
25.7allow a pesticide, rinsate, or unrinsed pesticide container to be stored, kept, or to remain in
25.8or on any site without safeguards adequate to prevent an incident.
Pesticides may not be
25.9stored in any location with an open drain.
25.10 Sec. 30. Minnesota Statutes 2012, section 18B.07, subdivision 5, is amended to read:
25.11 Subd. 5.
Use of public water supplies for filling application equipment. (a) A
25.12person may not fill pesticide application equipment directly from a public water supply,
25.13as defined in section
144.382,
or from public waters, as defined in section 103G.005,
25.14subdivision 15, unless the
outlet from the public equipment or water supply is equipped
25.15with a backflow prevention device that complies with the Minnesota Plumbing Code
25.16under Minnesota Rules, parts 4715.2000 to 4715.2280.
25.17(b) Cross connections between a water supply used for filling pesticide application
25.18equipment are prohibited.
25.19(c) This subdivision does not apply to permitted applications of aquatic pesticides to
25.20public waters.
25.21 Sec. 31. Minnesota Statutes 2012, section 18B.07, subdivision 7, is amended to read:
25.22 Subd. 7.
Cleaning equipment in or near surface water Pesticide handling
25.23restrictions. (a) A person may not
: fill or clean pesticide application equipment where
25.24pesticides or materials contaminated with pesticides could enter ditches, surface water,
25.25groundwater, wells, drains, or sewers. For wells, the setbacks established in Minnesota
25.26Rules, part 4725.4450, apply.
25.27(1) clean pesticide application equipment in surface waters of the state; or
25.28(2) fill or clean pesticide application equipment adjacent to surface waters,
25.29ditches, or wells where, because of the slope or other conditions, pesticides or materials
25.30contaminated with pesticides could enter or contaminate the surface waters, groundwater,
25.31or wells, as a result of overflow, leakage, or other causes.
25.32(b) This subdivision does not apply to permitted application of aquatic pesticides to
25.33public waters.
26.1 Sec. 32. Minnesota Statutes 2012, section 18B.26, subdivision 3, is amended to read:
26.2 Subd. 3.
Registration application and gross sales fee. (a) For an agricultural
26.3pesticide, a registrant shall pay an annual registration application fee for each agricultural
26.4pesticide of $350. The fee is due by December 31 preceding the year for which the
26.5application for registration is made. The fee is nonrefundable.
26.6(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
26.7registration application fee for each nonagricultural pesticide of $350. The fee is due by
26.8December 31 preceding the year for which the application for registration is made. The
26.9fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
26.10the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural
26.11pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into
26.12the state for use in this state.
The commissioner may not assess a fee under this paragraph
26.13if the amount due based on percent of annual gross sales is less than $10 No fee is required
26.14if the fee due amount based on percent of annual gross sales of a nonagricultural pesticide
26.15is less than $10. The registrant shall secure sufficient sales information of nonagricultural
26.16pesticides distributed into this state from distributors and dealers, regardless of distributor
26.17location, to make a determination. Sales of nonagricultural pesticides in this state and
26.18sales of nonagricultural pesticides for use in this state by out-of-state distributors are not
26.19exempt and must be included in the registrant's annual report, as required under paragraph
26.20(g), and fees shall be paid by the registrant based upon those reported sales. Sales of
26.21nonagricultural pesticides in the state for use outside of the state are exempt from the
26.22gross sales fee in this paragraph if the registrant properly documents the sale location and
26.23distributors. A registrant paying more than the minimum fee shall pay the balance due by
26.24March 1 based on the gross sales of the nonagricultural pesticide by the registrant for the
26.25preceding calendar year. A pesticide determined by the commissioner to be a sanitizer or
26.26disinfectant is exempt from the gross sales fee.
26.27(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
26.28pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the
26.29agricultural pesticide in the state and the annual gross sales of the agricultural pesticide
26.30sold into the state for use in this state.
26.31(d) In those cases where a registrant first sells an agricultural pesticide in or into the
26.32state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
26.33license and is responsible for payment of the annual gross sales fee under paragraph (c),
26.34record keeping under paragraph (i), and all other requirements of section
18B.316.
26.35(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013,
26.36by the commissioner on the registration and sale of pesticides is less than $6,600,000, the
27.1commissioner, after a public hearing, may increase proportionally the pesticide sales and
27.2product registration fees under this chapter by the amount necessary to ensure this level
27.3of revenue is achieved. The authority under this section expires on June 30, 2014. The
27.4commissioner shall report any fee increases under this paragraph 60 days before the fee
27.5change is effective to the senate and house of representatives agriculture budget divisions.
27.6 (f) An additional fee of 50 percent of the registration application fee must be paid by
27.7the applicant for each pesticide to be registered if the application is a renewal application
27.8that is submitted after December 31.
27.9 (g) A registrant must annually report to the commissioner the amount, type and
27.10annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
27.11otherwise distributed in the state. The report shall be filed by March 1 for the previous
27.12year's registration. The commissioner shall specify the form of the report or approve
27.13the method for submittal of the report and may require additional information deemed
27.14necessary to determine the amount and type of nonagricultural pesticide annually
27.15distributed in the state. The information required shall include the brand name, United
27.16States Environmental Protection Agency registration number, and amount of each
27.17nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but
27.18the information collected, if made public, shall be reported in a manner which does not
27.19identify a specific brand name in the report.
27.20(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
27.21report to the commissioner the amount, type, and annual gross sales of each registered
27.22agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
27.23state for use in the state. The report must be filed by January 31 for the previous year's
27.24sales. The commissioner shall specify the form, contents, and approved electronic method
27.25for submittal of the report and may require additional information deemed necessary to
27.26determine the amount and type of agricultural pesticide annually distributed within the
27.27state or into the state. The information required must include the brand name, United States
27.28Environmental Protection Agency registration number, and amount of each agricultural
27.29pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
27.30(i) A person who registers a pesticide with the commissioner under paragraph (b),
27.31or a registrant under paragraph (d), shall keep accurate records for five years detailing
27.32all distribution or sales transactions into the state or in the state and subject to a fee and
27.33surcharge under this section.
27.34(j) The records are subject to inspection, copying, and audit by the commissioner
27.35and must clearly demonstrate proof of payment of all applicable fees and surcharges
27.36for each registered pesticide product sold for use in this state. A person who is located
28.1outside of this state must maintain and make available records required by this subdivision
28.2in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
28.3auditing of the records.
28.4(k) The commissioner may adopt by rule regulations that require persons subject
28.5to audit under this section to provide information determined by the commissioner to be
28.6necessary to enable the commissioner to perform the audit.
28.7 (l) A registrant who is required to pay more than the minimum fee for any pesticide
28.8under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
28.9paid after March 1 in the year for which the license is to be issued.
28.10 Sec. 33. Minnesota Statutes 2012, section 18B.305, is amended to read:
28.1118B.305 PESTICIDE EDUCATION AND TRAINING.
28.12 Subdivision 1.
Education and training. (a) The commissioner
, as the lead agency,
28.13 shall develop,
implement or approve, and evaluate, in
conjunction consultation with
the
28.14 University of Minnesota Extension
Service, the Minnesota State Colleges and Universities
28.15system, and other educational institutions, innovative educational and training programs
28.16addressing pesticide concerns including:
28.17(1) water quality protection;
28.18(2) endangered species
protection;
28.19(3)
minimizing pesticide residues in food and water;
28.20(4) worker protection
and applicator safety;
28.21(5) chronic toxicity;
28.22(6) integrated pest management
and pest resistance;
and
28.23(7) pesticide disposal
;
28.24(8) pesticide drift;
28.25(9) relevant laws including pesticide labels and labeling and state and federal rules
28.26and regulations; and
28.27(10) current science and technology updates.
28.28(b) The commissioner shall appoint educational planning committees which must
28.29include representatives of industry
and applicators.
28.30(c) Specific current regulatory concerns must be discussed and, if appropriate,
28.31incorporated into each training session.
Relevant changes to pesticide product labels or
28.32labeling or state and federal rules and regulations may be included.
28.33(d) The commissioner may approve programs from private industry
, higher
28.34education institutions, and nonprofit organizations that meet minimum requirements for
28.35education, training, and certification.
29.1 Subd. 2.
Training manual and examination development. The commissioner,
29.2in conjunction with
the University of Minnesota Extension
Service and other higher
29.3education institutions, shall continually revise and update pesticide applicator training
29.4manuals and examinations. The manuals and examinations must be written to meet or
29.5exceed the minimum standards required by the United States Environmental Protection
29.6Agency and pertinent state specific information. Questions in the examinations must be
29.7determined by the
commissioner in consultation with other responsible agencies. Manuals
29.8and examinations must include pesticide management practices that discuss prevention of
29.9pesticide occurrence in
groundwaters groundwater and surface water of the state.
29.10 Sec. 34. Minnesota Statutes 2012, section 18B.316, subdivision 1, is amended to read:
29.11 Subdivision 1.
Requirement. (a) A person must not
distribute offer for sale or sell
29.12an agricultural pesticide in the state or into the state without first obtaining an agricultural
29.13pesticide dealer license.
29.14(b) Each location or place of business from which an agricultural pesticide is
29.15distributed offered for sale or sold in the state or into the state is required to have a
29.16separate agricultural pesticide dealer license.
29.17(c) A person who is a licensed pesticide dealer under section
18B.31 is not required
29.18to also be licensed under this subdivision.
29.19 Sec. 35. Minnesota Statutes 2012, section 18B.316, subdivision 3, is amended to read:
29.20 Subd. 3.
Resident agent. A person required to be licensed under subdivisions 1
29.21and 2, or a person licensed as a pesticide dealer pursuant to section
18B.31 and who
29.22operates from a location or place of business outside the state and who
distributes offers
29.23for sale or sells an agricultural pesticide into the state, must continuously maintain in
29.24this state the following:
29.25(1) a registered office; and
29.26(2) a registered agent, who may be either a resident of this state whose business
29.27office or residence is identical with the registered office under clause (1), a domestic
29.28corporation or limited liability company, or a foreign corporation of limited liability
29.29company authorized to transact business in this state and having a business office identical
29.30with the registered office.
29.31A person licensed under this section or section
18B.31 shall annually file with the
29.32commissioner, either at the time of initial licensing or as part of license renewal, the name,
29.33address, telephone number, and e-mail address of the licensee's registered agent.
30.1For licensees under section
18B.31 who are located in the state, the licensee is
30.2the registered agent.
30.3 Sec. 36. Minnesota Statutes 2012, section 18B.316, subdivision 4, is amended to read:
30.4 Subd. 4.
Responsibility. The resident agent is responsible for the acts of a licensed
30.5agricultural pesticide dealer, or of a licensed pesticide dealer under section
18B.31 who
30.6operates from a location or place of business outside the state and who
distributes offers
30.7for sale or sells an agricultural pesticide into the state, as well as the acts of the employees
30.8of those licensees.
30.9 Sec. 37. Minnesota Statutes 2012, section 18B.316, subdivision 8, is amended to read:
30.10 Subd. 8.
Report of sales and payment to commissioner. A person who is an
30.11agricultural pesticide dealer, or is a licensed pesticide dealer under section
18B.31, who
30.12distributes offers for sale or sells an agricultural pesticide in or into the state, and a
30.13pesticide registrant pursuant to section
18B.26, subdivision 3, paragraph (d), shall no
30.14later than January 31 of each year report and pay applicable fees on annual gross sales
30.15of agricultural pesticides to the commissioner pursuant to requirements under section
30.1618B.26, subdivision 3
, paragraphs (c) and (h).
30.17 Sec. 38. Minnesota Statutes 2012, section 18B.316, subdivision 9, is amended to read:
30.18 Subd. 9.
Application. (a) A person must apply to the commissioner for an
30.19agricultural pesticide dealer license on forms and in a manner approved by the
30.20commissioner.
30.21(b) The applicant must be the person in charge of each location or place of business
30.22from which agricultural pesticides are
distributed offered for sale or sold in or into the state.
30.23(c) The commissioner may require that the applicant provide information regarding
30.24the applicant's proposed operations and other information considered pertinent by the
30.25commissioner.
30.26(d) The commissioner may require additional demonstration of licensee qualification
30.27if the licensee has had a license suspended or revoked, or has otherwise had a history of
30.28violations in another state or violations of this chapter.
30.29(e) A licensed agricultural pesticide dealer who changes the dealer's address or place
30.30of business must immediately notify the commissioner of the change.
30.31(f) Beginning January 1, 2011, an application for renewal of an agricultural pesticide
30.32dealer license is complete only when a report and any applicable payment of fees under
30.33subdivision 8 are received by the commissioner.
31.1 Sec. 39. Minnesota Statutes 2012, section 18B.37, subdivision 4, is amended to read:
31.2 Subd. 4.
Storage, handling, Incident response, and disposal plan. A pesticide
31.3dealer, agricultural pesticide dealer, or a commercial, noncommercial, or structural pest
31.4control
applicator or the business that the applicator is employed by business must develop
31.5and maintain
a an incident response plan that describes
its pesticide storage, handling,
31.6incident response, and disposal practices the actions that will be taken to prevent and
31.7respond to pesticide incidents. The plan must contain the same information as forms
31.8provided by the commissioner. The plan must be kept at a principal business site or location
31.9within this state and must be submitted to the commissioner upon request
on forms provided
31.10by the commissioner. The plan must be available for inspection by the commissioner.
31.11 Sec. 40. Minnesota Statutes 2012, section 18C.430, is amended to read:
31.1218C.430 COMMERCIAL ANIMAL WASTE TECHNICIAN.
31.13 Subdivision 1.
Requirement. (a)
Except as provided in paragraph (c), after March
31.141, 2000, A person may not manage or apply animal wastes
to the land for hire
without a
31.15valid commercial animal waste technician license. This section does not apply to a person
31.16managing or applying animal waste on land managed by the person's employer.:
31.17(1) without a valid commercial animal waste technician applicator license;
31.18(2) without a valid commercial animal waste technician site manager license; or
31.19(3) as a sole proprietorship, company, partnership, or corporation unless a
31.20commercial animal waste technician company license is held and a commercial animal
31.21waste technical site manager is employed by the entity.
31.22(b) A person managing or applying animal wastes for hire must have a valid
31.23license identification card when managing or applying animal wastes for hire and must
31.24display it upon demand by an authorized representative of the commissioner or a law
31.25enforcement officer. The commissioner shall prescribe the information required on the
31.26license identification card.
31.27(c)
A person who is not a licensed commercial animal waste technician who has had
31.28at least two hours of training or experience in animal waste management may manage
31.29or apply animal waste for hire under the supervision of a commercial animal waste
31.30technician. A commercial animal waste technician applicator must have a minimum of
31.31two hours of certification training in animal waste management and may only manage or
31.32apply animal waste for hire under the supervision of a commercial animal waste technician
31.33site manager. The commissioner shall prescribe the conditions of the supervision and the
31.34form and format required on the certification training.
32.1(d) This section does not apply to a person managing or applying animal waste on
32.2land managed by the person's employer.
32.3 Subd. 2.
Responsibility. A person required to be licensed under this section who
32.4performs animal waste management or application for hire or who employs a person to
32.5perform animal waste management or application for compensation is responsible for
32.6proper management or application of the animal wastes.
32.7 Subd. 3.
License. (a) A commercial animal waste technician license
, including
32.8applicator, site manager, and company:
32.9(1) is valid for
three years one year and expires on December 31 of the
third year for
32.10which it is issued, unless suspended or revoked before that date;
32.11(2) is not transferable to another person; and
32.12(3) must be prominently displayed to the public in the commercial animal waste
32.13technician's place of business.
32.14(b) The commercial animal waste technician company license number assigned by
32.15the commissioner must appear on the application equipment when a person manages
32.16or applies animal waste for hire.
32.17 Subd. 4.
Application. (a) A person must apply to the commissioner for a commercial
32.18animal waste technician license on forms and in the manner required by the commissioner
32.19and must include the application fee. The commissioner shall prescribe and administer
32.20an examination or equivalent measure to determine if the applicant is eligible for the
32.21commercial animal waste technician license
, site manager license, or applicator license.
32.22(b) The commissioner of agriculture, in cooperation with
the University of
32.23Minnesota Extension
Service and appropriate educational institutions, shall establish and
32.24implement a program for training and licensing commercial animal waste technicians.
32.25 Subd. 5.
Renewal application. (a) A person must apply to the commissioner of
32.26agriculture to renew a commercial animal waste technician license and must include the
32.27application fee. The commissioner may renew a commercial animal waste technician
32.28applicator or site manager license, subject to reexamination, attendance at workshops
32.29approved by the commissioner, or other requirements imposed by the commissioner to
32.30provide the animal waste technician with information regarding changing technology and
32.31to help ensure a continuing level of competence and ability to manage and apply animal
32.32wastes properly. The applicant may renew a commercial animal waste technician license
32.33within 12 months after expiration of the license without having to meet initial testing
32.34requirements. The commissioner may require additional demonstration of animal waste
32.35technician qualification if a person has had a license suspended or revoked or has had a
32.36history of violations of this section.
33.1(b) An applicant who meets renewal requirements by reexamination instead
33.2of attending workshops must pay a fee for the reexamination as determined by the
33.3commissioner.
33.4 Subd. 6.
Financial responsibility. (a) A commercial animal waste technician
33.5license may not be issued unless the applicant furnishes proof of financial responsibility.
33.6The financial responsibility may be demonstrated by (1) proof of net assets equal to or
33.7greater than $50,000, or (2) a performance bond or insurance of the kind and in an amount
33.8determined by the commissioner of agriculture.
33.9(b) The bond or insurance must cover a period of time at least equal to the term of
33.10the applicant's license. The commissioner shall immediately suspend the license of a
33.11person who fails to maintain the required bond or insurance.
33.12(c) An employee of a licensed person is not required to maintain an insurance policy
33.13or bond during the time the employer is maintaining the required insurance or bond.
33.14(d) Applications for reinstatement of a license suspended under paragraph (b) must
33.15be accompanied by proof of satisfaction of judgments previously rendered.
33.16 Subd. 7.
Application fee. (a) A person initially applying for or renewing
33.17a commercial animal waste technician
applicator license must pay a nonrefundable
33.18application fee of
$50 and a fee of $10 for each additional identification card requested.
33.19 $25. A person initially applying for or renewing a commercial animal waste technician
33.20site manager license must pay a nonrefundable application fee of $50. A person initially
33.21applying for or renewing a commercial animal waste technician company license must
33.22pay a nonrefundable application fee of $100.
33.23(b) A license renewal application received after March 1 in the year for which the
33.24license is to be issued is subject to a penalty fee of 50 percent of the application fee. The
33.25penalty fee must be paid before the renewal license may be issued.
33.26(c) An application for a duplicate commercial animal waste technician license must
33.27be accompanied by a nonrefundable fee of $10.
33.28 Sec. 41. Minnesota Statutes 2012, section 18C.433, subdivision 1, is amended to read:
33.29 Subdivision 1.
Requirement. Beginning January 1, 2006, only a commercial
33.30animal waste technician
, site manager or commercial animal waste technician applicator
33.31 may apply animal waste from a feedlot that:
33.32(1) has a capacity of 300 animal units or more; and
33.33(2) does not have an updated manure management plan that meets the requirements
33.34of Pollution Control Agency rules.
34.1 Sec. 42. Minnesota Statutes 2012, section 31.94, is amended to read:
34.231.94 COMMISSIONER DUTIES.
34.3(a) In order to promote opportunities for organic agriculture in Minnesota, the
34.4commissioner shall:
34.5(1) survey producers and support services and organizations to determine
34.6information and research needs in the area of organic agriculture practices;
34.7(2) work with the University of Minnesota to demonstrate the on-farm applicability
34.8of organic agriculture practices to conditions in this state;
34.9(3) direct the programs of the department so as to work toward the promotion of
34.10organic agriculture in this state;
34.11(4) inform agencies of how state or federal programs could utilize and support
34.12organic agriculture practices; and
34.13(5) work closely with producers, the University of Minnesota, the Minnesota Trade
34.14Office, and other appropriate organizations to identify opportunities and needs as well
34.15as ensure coordination and avoid duplication of state agency efforts regarding research,
34.16teaching, marketing, and extension work relating to organic agriculture.
34.17(b) By November 15 of each year that ends in a zero or a five, the commissioner,
34.18in conjunction with the task force created in paragraph (c), shall report on the status of
34.19organic agriculture in Minnesota to the legislative policy and finance committees and
34.20divisions with jurisdiction over agriculture. The report must include available data on
34.21organic acreage and production, available data on the sales or market performance of
34.22organic products, and recommendations regarding programs, policies, and research efforts
34.23that will benefit Minnesota's organic agriculture sector.
34.24(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
34.25University of Minnesota on policies and programs that will improve organic agriculture in
34.26Minnesota, including how available resources can most effectively be used for outreach,
34.27education, research, and technical assistance that meet the needs of the organic agriculture
34.28community. The task force must consist of the following residents of the state:
34.29(1) three
organic farmers
using organic agriculture methods;
34.30(2) one wholesaler or distributor of organic products;
34.31(3) one representative of organic certification agencies;
34.32(4) two organic processors;
34.33(5) one representative from University of Minnesota Extension;
34.34(6) one University of Minnesota faculty member;
34.35(7) one representative from a nonprofit organization representing producers;
34.36(8) two public members;
35.1(9) one representative from the United States Department of Agriculture;
35.2(10) one retailer of organic products; and
35.3(11) one organic consumer representative.
35.4The commissioner, in consultation with the director of the Minnesota Agricultural
35.5Experiment Station; the dean and director of University of Minnesota Extension
; and the
35.6dean of the College of Food, Agricultural and Natural Resource Sciences
, shall appoint
35.7members to serve
staggered two-year three-year terms.
35.8Compensation and removal of members are governed by section
15.059, subdivision
35.96
. The task force must meet at least twice each year and expires on June 30,
2013 2016.
35.10(d) For the purposes of expanding, improving, and developing production and
35.11marketing of the organic products of Minnesota agriculture, the commissioner may
35.12receive funds from state and federal sources and spend them, including through grants or
35.13contracts, to assist producers and processors to achieve certification, to conduct education
35.14or marketing activities, to enter into research and development partnerships, or to address
35.15production or marketing obstacles to the growth and well-being of the industry.
35.16(e) The commissioner may facilitate the registration of state organic production
35.17and handling operations including those exempt from organic certification according to
35.18Code of Federal Regulations, title 7, section 205.101, and certification agents operating
35.19within the state.
35.20 Sec. 43. Minnesota Statutes 2012, section 41A.10, subdivision 2, is amended to read:
35.21 Subd. 2.
Cellulosic biofuel production goal. The state cellulosic biofuel production
35.22goal is one-quarter of the total amount necessary for
ethanol biofuel use required under
35.23section
239.791, subdivision 1a 1, by 2015 or when cellulosic biofuel facilities in the state
35.24attain a total annual production level of 60,000,000 gallons, whichever is first.
35.25 Sec. 44. Minnesota Statutes 2012, section 41A.10, is amended by adding a subdivision
35.26to read:
35.27 Subd. 3. Expiration. This section expires January 1, 2015.
35.28 Sec. 45. Minnesota Statutes 2012, section 41A.105, subdivision 1a, is amended to read:
35.29 Subd. 1a.
Definitions. For the purpose of this section:
35.30 (1) "biobased content" means a chemical, polymer, monomer, or plastic that is not
35.31sold primarily for use as food, feed, or fuel and that has a biobased percentage of at least
35.3251 percent as determined by testing representative samples using American Society for
35.33Testing and Materials specification D6866;
36.1 (2) "biobased formulated product" means a product that is not sold primarily for use
36.2as food, feed, or fuel and that has a biobased content percentage of at least ten percent
36.3as determined by testing representative samples using American Society for Testing
36.4and Materials specification D6866, or that contains a biobased chemical constituent
36.5that displaces a known hazardous or toxic constituent previously used in the product
36.6formulation;
36.7 (1) (3) "biobutanol facility" means a facility at which biobutanol is produced; and
36.8 (2) (4) "biobutanol" means fermentation isobutyl alcohol that is derived from
36.9agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
36.10forest products; or other renewable resources, including residue and waste generated
36.11from the production, processing, and marketing of agricultural products, forest products,
36.12and other renewable resources.
36.13 Sec. 46. Minnesota Statutes 2012, section 41A.105, subdivision 3, is amended to read:
36.14 Subd. 3.
Duties. The board shall research and report to the commissioner of
36.15agriculture and to the legislature recommendations as to how the state can invest its
36.16resources to most efficiently achieve energy independence, agricultural and natural
36.17resources sustainability, and rural economic vitality. The board shall:
36.18 (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen,
36.19methanol, biodiesel, and ethanol within Minnesota;
36.20 (2) examine the opportunity for biobased content and biobased formulated product
36.21production at integrated biorefineries or stand alone facilities using agricultural and
36.22forestry feedstocks;
36.23 (2) (3) develop equity grant programs to assist locally owned facilities;
36.24 (3) (4) study the proper role of the state in creating financing and investing and
36.25providing incentives;
36.26 (4) (5) evaluate how state and federal programs, including the Farm Bill, can best
36.27work together and leverage resources;
36.28 (5) (6) work with other entities and committees to develop a clean energy program;
36.29and
36.30 (6) (7) report to the legislature before February 1 each year with recommendations
36.31as to appropriations and results of past actions and projects.
36.32 Sec. 47. Minnesota Statutes 2012, section 41A.105, subdivision 5, is amended to read:
36.33 Subd. 5.
Expiration. This section expires June 30,
2014 2015.
37.1 Sec. 48. Minnesota Statutes 2012, section 41A.12, is amended by adding a subdivision
37.2to read:
37.3 Subd. 3a. Grant awards. Grant projects may continue for up to three years.
37.4Multiyear projects must be reevaluated by the commissioner before second- and third-year
37.5funding is approved. A project is limited to one grant for its funding.
37.6 Sec. 49. Minnesota Statutes 2012, section 41B.04, subdivision 9, is amended to read:
37.7 Subd. 9.
Restructured loan agreement. (a) For a deferred restructured loan, all
37.8payments on the primary and secondary principal, all payments of interest on the secondary
37.9principal, and an agreed portion of the interest payable to the eligible agricultural lender
37.10on the primary principal must be deferred to the end of the term of the loan.
37.11(b) Interest on secondary principal must accrue at a below market interest rate.
37.12(c) At the conclusion of the term of the restructured loan, the borrower owes primary
37.13principal, secondary principal, and deferred interest on primary and secondary principal.
37.14However, part of this balloon payment may be forgiven following an appraisal by the
37.15lender and the authority to determine the current market value of the real estate subject to
37.16the mortgage. If the current market value of the land after appraisal is less than the amount
37.17of debt owed by the borrower to the lender and authority on this obligation, that portion of
37.18the obligation that exceeds the current market value of the real property must be forgiven
37.19by the lender and the authority in the following order:
37.20(1) deferred interest on secondary principal;
37.21(2) secondary principal;
37.22(3) deferred interest on primary principal;
37.23(4) primary principal as provided in an agreement between the authority and the
37.24lender; and
37.25(5) accrued but not deferred interest on primary principal.
37.26(d) For an amortized restructured loan, payments must include installments on
37.27primary principal and interest on the primary principal. An amortized restructured loan
37.28must be amortized over a time period and upon terms to be established by the authority by
37.29rule.
37.30(e) A borrower may prepay the restructured loan, with all primary and secondary
37.31principal and interest and deferred interest at any time
without prepayment penalty.
37.32(f) The authority may not participate in refinancing a restructured loan at the
37.33conclusion of the restructured loan.
37.34 Sec. 50. Minnesota Statutes 2012, section 41D.01, subdivision 4, is amended to read:
38.1 Subd. 4.
Expiration. This section expires on June 30,
2013 2018.
38.2 Sec. 51. Minnesota Statutes 2012, section 116J.437, subdivision 1, is amended to read:
38.3 Subdivision 1.
Definitions. (a) For the purpose of this section, the following terms
38.4have the meanings given.
38.5 (b) "Green economy" means products, processes, methods, technologies, or services
38.6intended to do one or more of the following:
38.7 (1) increase the use of energy from renewable sources, including through achieving
38.8the renewable energy standard established in section
216B.1691;
38.9 (2) achieve the statewide energy-savings goal established in section
216B.2401,
38.10including energy savings achieved by the conservation investment program under section
38.11216B.241
;
38.12 (3) achieve the greenhouse gas emission reduction goals of section
216H.02,
38.13subdivision 1, including through reduction of greenhouse gas emissions, as defined in
38.14section
216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through,
38.15but not limited to, carbon capture, storage, or sequestration;
38.16 (4) monitor, protect, restore, and preserve the quality of surface waters, including
38.17actions to further the purposes of the Clean Water Legacy Act as provided in section
38.18114D.10, subdivision 1
;
38.19 (5) expand the use of biofuels, including by expanding the feasibility or reducing the
38.20cost of producing biofuels or the types of equipment, machinery, and vehicles that can
38.21use biofuels, including activities to achieve the
biofuels 25 by 2025 initiative in sections
38.2241A.10, subdivision 2, and
41A.11 petroleum replacement goal in section 239.7911; or
38.23 (6) increase the use of green chemistry, as defined in section
116.9401.
38.24For the purpose of clause (3), "green economy" includes strategies that reduce carbon
38.25emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
38.26transit or otherwise reducing commuting for employees.
38.27 Sec. 52. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
38.28 Subd. 4.
Contiguous land. (a) When private real property that is an agricultural or
38.29nonagricultural homestead, nonhomestead agricultural land, rental residential property,
38.30and both commercial and noncommercial seasonal residential recreational property, as
38.31those terms are defined in section
273.13 is proposed to be acquired for the construction of
38.32a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
38.33by eminent domain proceedings, the
fee owner
, or when applicable, the fee owner with the
38.34written consent of the contract for deed vendee, or the contract for deed vendee with the
39.1written consent of the fee owner, shall have the option to require the utility to condemn a
39.2fee interest in any amount of contiguous
, commercially viable land which the owner
or
39.3vendee wholly owns
or has contracted to own in undivided fee and elects in writing to
39.4transfer to the utility within 60 days after receipt of the notice of the objects of the petition
39.5filed pursuant to section
117.055.
Commercial viability shall be determined without regard
39.6to the presence of the utility route or site. Within 60 days after receipt by the utility of
39.7an owner's election to exercise this option, the utility shall provide written notice to the
39.8owner of any objection the utility has to the owner's election, and if no objection is made
39.9within that time, any objection shall be deemed waived. Within 90 days of the service of
39.10an objection by the utility, the district court having jurisdiction over the eminent domain
39.11proceeding shall hold a hearing to determine whether the utility's objection is upheld or
39.12rejected. The owner
or, when applicable, the contract vendee shall have only one such
39.13option and may not expand or otherwise modify an election without the consent of the
39.14utility. The required acquisition of land pursuant to this subdivision shall be considered
39.15an acquisition for a public purpose and for use in the utility's business, for purposes of
39.16chapter 117 and section
500.24, respectively; provided that a utility shall divest itself
39.17completely of all such lands used for farming or capable of being used for farming not
39.18later than the time it can receive the market value paid at the time of acquisition of lands
39.19less any diminution in value by reason of the presence of the utility route or site. Upon
39.20the owner's election made under this subdivision, the easement interest over and adjacent
39.21to the lands designated by the owner to be acquired in fee, sought in the condemnation
39.22petition for a right-of-way for a high-voltage transmission line with a capacity of 200
39.23kilovolts or more shall automatically be converted into a fee taking.
39.24(b) All rights and protections provided to an owner under chapter 117, including in
39.25particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
39.26or an interest in land under this section.
39.27(c) Within 90 days of an owner's election under this subdivision to require the utility
39.28to acquire land, or 90 days after a district court decision overruling a utility objection to an
39.29election made pursuant to paragraph (a), the utility must make a written offer to acquire
39.30that land and amend its condemnation petition to include the additional land.
39.31(d) For purposes of this subdivision, "owner" means the fee owner or, when
39.32applicable, the fee owner with the written consent of the contract for deed vendee or the
39.33contract for deed vendee with the written consent of the fee owner.
39.34EFFECTIVE DATE.This section is effective the day following final enactment
39.35and applies to eminent domain proceedings or actions pending or commenced on or after
40.1that date. "Commenced" means when service of notice of the petition under Minnesota
40.2Statutes, section 117.055, is made.
40.3 Sec. 53.
[216E.121] PROPERTY RIGHTS OMBUDSMAN.
40.4The Department of Agriculture shall provide a property rights ombudsman to assist
40.5landowners who may be affected by a proposed high-voltage transmission line of 100
40.6kilovolts or more, or ancillary substations, or a natural gas, petroleum, or petroleum
40.7products pipeline, or ancillary compressor stations or pump stations that require a certificate
40.8of need under chapter 216B or a site or route permit under this chapter. The ombudsman
40.9shall provide impartial information to landowners or others facing a potential right-of-way
40.10acquisition from a project described in this section, including, but not limited to:
40.11(1) the steps and procedures an acquiring authority must comply with in seeking to
40.12obtain a right-of-way by negotiation or eminent domain;
40.13(2) the timelines associated with various procedures under clause (1);
40.14(3) options and rights of property owners and other persons faced with a right-of-way
40.15acquisition under the law, including rights for reimbursement of costs of appraisals and
40.16relocation costs; and
40.17(4) how to find appraisers and attorneys specializing in right-of-way acquisition to
40.18assist landowners or others.
40.19The department's cost of providing a property rights ombudsman shall be reimbursed
40.20on a prorated basis by the proposers whose projects generate inquiries to the property
40.21rights ombudsman.
40.22EFFECTIVE DATE.This section is effective the day following final enactment.
40.23 Sec. 54. Minnesota Statutes 2012, section 223.17, is amended by adding a subdivision
40.24to read:
40.25 Subd. 7a. Bond requirements; claims. For entities licensed under this chapter
40.26and chapter 232, the bond requirements and claims against the bond are governed under
40.27section 232.22, subdivision 6a.
40.28 Sec. 55. Minnesota Statutes 2012, section 232.22, is amended by adding a subdivision
40.29to read:
40.30 Subd. 6a. Bond determinations. If a public grain warehouse operator is licensed
40.31under both this chapter and chapter 223, the warehouse shall have its bond determined
40.32by its gross annual grain purchase amount or its annual average grain storage value,
41.1whichever is greater. For those entities licensed under this chapter and chapter 223, the
41.2entire bond shall be available to any claims against the bond for claims filed under this
41.3chapter and chapter 223.
41.4 Sec. 56. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
41.5to read:
41.6 Subd. 1a. Advanced biofuel. "Advanced biofuel" has the meaning given in Public
41.7Law 110-140, title 2, subtitle A, section 201.
41.8 Sec. 57. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
41.9to read:
41.10 Subd. 5a. Biofuel. "Biofuel" means a renewable fuel with an approved pathway
41.11under authority of the federal Energy Policy Act of 2005, Public Law 109-58, as amended
41.12by the federal Energy Independence and Security Act of 2007, Public Law 110–140, and
41.13approved for sale by the United States Environmental Protection Agency. As such, biofuel
41.14includes both advanced and conventional biofuels.
41.15 Sec. 58. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
41.16to read:
41.17 Subd. 7a. Conventional biofuel. "Conventional biofuel" means ethanol derived
41.18from cornstarch, as defined in Public Law 110-140, title 2, subtitle A, section 201.
41.19 Sec. 59. Minnesota Statutes 2012, section 239.791, subdivision 1, is amended to read:
41.20 Subdivision 1.
Minimum ethanol biofuel content required. (a) Except as provided
41.21in subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline
41.22sold or offered for sale in Minnesota must contain at least the quantity of
ethanol biofuel
41.23 required by clause (1) or (2),
whichever is greater at the option of the person responsible
41.24for the product:
41.25 (1)
the greater of:
41.26 (i) 10.0 percent
denatured ethanol conventional biofuel by volume; or
41.27 (2) (ii) the maximum percent of
denatured ethanol conventional biofuel by volume
41.28authorized in a waiver granted by the United States Environmental Protection Agency
; or
41.29 (2) 10.0 percent of a biofuel, other than a conventional biofuel, by volume authorized
41.30in a waiver granted by the United States Environmental Protection Agency or a biofuel
41.31formulation registered by the United States Environmental Protection Agency under
41.32United States Code, title 42, section 7545.
42.1 (b) For purposes of enforcing the
minimum ethanol requirement of paragraph
42.2(a), clause (1),
item (i), or clause (2), a
gasoline/ethanol gasoline/biofuel blend will be
42.3construed to be in compliance if the
ethanol biofuel content, exclusive of denaturants and
42.4other permitted components, comprises not less than 9.2 percent by volume and not more
42.5than 10.0 percent by volume of the blend as determined by an appropriate United States
42.6Environmental Protection Agency or American Society of Testing Materials standard
42.7method of analysis
of alcohol/ether content in engine fuels.
42.8 (c)
The provisions of this subdivision are suspended during any period of time that
42.9subdivision 1a, paragraph (a), is in effect. The aggregate amount of biofuel blended
42.10pursuant to this subdivision may be any biofuel; however, conventional biofuel must
42.11comprise no less than the portion specified on and after the specified dates:
42.12
|
(1)
|
July 1, 2013
|
90 percent
|
42.13
|
(2)
|
January 1, 2015
|
80 percent
|
42.14
|
(3)
|
January 1, 2017
|
70 percent
|
42.15
|
(4)
|
January 1, 2020
|
60 percent
|
42.16
|
(5)
|
January 1, 2025
|
no minimum
|
42.17 Sec. 60. Minnesota Statutes 2012, section 239.791, subdivision 2a, is amended to read:
42.18 Subd. 2a.
Federal Clean Air Act waivers; conditions. (a) Before a waiver granted
42.19by the United States Environmental Protection Agency under
section 211(f)(4) of the
42.20Clean Air Act, United States Code, title 42, section 7545,
subsection (f), paragraph (4),
42.21 may alter the minimum content level required by subdivision 1, paragraph (a), clause
(2),
42.22or subdivision 1a, paragraph (a), clause (2) (1), item (ii), the waiver must:
42.23 (1) apply to all gasoline-powered motor vehicles irrespective of model year; and
42.24 (2) allow for special regulatory treatment of Reid vapor pressure under Code of
42.25Federal Regulations, title 40, section
80.27, paragraph (d), for blends of gasoline and
42.26ethanol up to the maximum percent of denatured ethanol by volume authorized under
42.27the waiver.
42.28 (b) The minimum
ethanol biofuel requirement in subdivision 1, paragraph (a), clause
42.29(2),
or subdivision 1a, paragraph (a), clause (2), shall, upon the grant of the federal waiver
42.30 or authority specified in United States Code, title 42, section 7545, that allows for greater
42.31blends of gasoline and biofuel in this state, be effective the day after the commissioner
42.32of commerce publishes notice in the State Register. In making this determination, the
42.33commissioner shall consider the amount of time required by refiners, retailers, pipeline
42.34and distribution terminal companies, and other fuel suppliers, acting expeditiously, to
42.35make the operational and logistical changes required to supply fuel in compliance with
42.36the minimum
ethanol biofuel requirement.
43.1 Sec. 61. Minnesota Statutes 2012, section 239.791, subdivision 2b, is amended to read:
43.2 Subd. 2b.
Limited liability waiver. No motor fuel shall be deemed to be a defective
43.3product by virtue of the fact that the motor fuel is formulated or blended pursuant to
43.4the requirements of subdivision 1, paragraph (a), clause (2),
or subdivision 1a, under
43.5any theory of liability except for simple or willful negligence or fraud. This subdivision
43.6does not preclude an action for negligent, fraudulent, or willful acts. This subdivision
43.7does not affect a person whose liability arises under chapter 115, water pollution control;
43.8115A, waste management; 115B, environmental response and liability; 115C, leaking
43.9underground storage tanks; or 299J, pipeline safety; under public nuisance law for damage
43.10to the environment or the public health; under any other environmental or public health
43.11law; or under any environmental or public health ordinance or program of a municipality
43.12as defined in section
466.01.
43.13 Sec. 62. Minnesota Statutes 2012, section 239.7911, is amended to read:
43.14239.7911 PETROLEUM REPLACEMENT PROMOTION.
43.15 Subdivision 1.
Petroleum replacement goal. The tiered petroleum replacement
43.16goal of the state of Minnesota is that
biofuel comprises at least the specified portion of
43.17total gasoline sold or offered for sale in this state by each specified year:
43.18 (1) at least 20 percent of the liquid fuel sold in the state is derived from renewable
43.19sources by December 31, 2015; and
43.20 (2) at least 25 percent of the liquid fuel sold in the state is derived from renewable
43.21sources by December 31, 2025.
43.22
|
(1)
|
2015
|
14 percent
|
|
43.23
|
(2)
|
2017
|
18 percent
|
|
43.24
|
(3)
|
2020
|
25 percent
|
|
43.25
|
(4)
|
2025
|
30 percent
|
|
43.26 Subd. 2.
Promotion of renewable liquid fuels. (a) The commissioner of agriculture,
43.27in consultation with the commissioners of commerce and the Pollution Control Agency,
43.28shall identify and implement activities necessary
for the widespread use of renewable
43.29liquid fuels in the state to achieve the goals in subdivision 1. Beginning November
43.301, 2005, and continuing through 2015, the commissioners, or their designees, shall
43.31work with convene a task force pursuant to section 15.014 that includes representatives
43.32from the renewable fuels industry, petroleum retailers, refiners, automakers, small
43.33engine manufacturers, and other interested groups
, to. The task force shall assist the
43.34commissioners in carrying out the activities in paragraph (b) and eliminating barriers to the
43.35use of greater biofuel blends in this state. The task force must coordinate efforts with the
44.1NextGen Energy Board, the biodiesel task force, and the Renewable Energy Roundtable
44.2and develop annual recommendations for administrative and legislative action.
44.3 (b) The activities of the commissioners under this subdivision shall include, but not
44.4be limited to:
44.5 (1) developing recommendations for
specific, cost-effective incentives
necessary
44.6to expedite the use of greater biofuel blends in this state including, but not limited to,
44.7incentives for retailers to install equipment necessary
for dispensing to dispense renewable
44.8liquid fuels to the public;
44.9 (2) expanding the renewable-fuel options available to Minnesota consumers by
44.10obtaining federal approval for the use of
E20 and additional blends that contain a greater
44.11percentage of
ethanol, including but not limited to E30 and E50, as gasoline biofuel;
44.12 (3) developing recommendations
for ensuring to ensure that motor vehicles and
44.13small engine equipment have access to an adequate supply of fuel;
44.14 (4) working with the owners and operators of large corporate automotive fleets in the
44.15state to increase their use of renewable fuels;
and
44.16 (5) working to maintain an affordable retail price for liquid fuels
;
44.17 (6) facilitating the production and use of advanced biofuels in this state; and
44.18 (7) developing procedures for reporting the amount and type of biofuel under
44.19subdivision 1 and section 239.791, subdivision 1, paragraph (c).
44.20 (c) Notwithstanding section 15.014, the task force required under paragraph (a)
44.21expires on December 31, 2015.
44.22 Sec. 63. Minnesota Statutes 2012, section 296A.01, is amended by adding a
44.23subdivision to read:
44.24 Subd. 8b. Biobutanol. "Biobutanol" means isobutyl alcohol produced by
44.25fermenting agriculturally generated organic material that is to be blended with gasoline
44.26and meets either:
44.27 (1) the initial ASTM Standard Specification for Butanol for Blending with Gasoline
44.28for Use as an Automotive Spark-Ignition Engine Fuel once it has been released by ASTM
44.29for general distribution; or
44.30 (2) in the absence of an ASTM standard specification, the following list of
44.31requirements:
44.32 (i) visually free of sediment and suspended matter;
44.33 (ii) clear and bright at the ambient temperature of 21 degrees Celsius or the ambient
44.34temperature, whichever is higher;
45.1 (iii) free of any adulterant or contaminant that can render it unacceptable for its
45.2commonly used applications;
45.3 (iv) contains not less than 96 volume percent isobutyl alcohol;
45.4 (v) contains not more than 0.4 volume percent methanol;
45.5 (vi) contains not more than 1.0 volume percent water as determined by ASTM
45.6standard test method E203 or E1064;
45.7 (vii) acidity (as acetic acid) of not more than 0.007 mass percent as determined
45.8by ASTM standard test method D1613;
45.9 (viii) solvent washed gum content of not more than 5.0 milligrams per 100 milliliters
45.10as determined by ASTM standard test method D381;
45.11 (ix) sulfur content of not more than 30 parts per million as determined by ASTM
45.12standard test method D2622 or D5453; and
45.13 (x) contains not more than four parts per million total inorganic sulfate.
45.14 Sec. 64. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
45.15 Subd. 19.
E85. "E85" means a petroleum product that is a blend of agriculturally
45.16derived denatured ethanol and gasoline or natural gasoline that
typically contains
not more
45.17than 85 percent ethanol by volume, but at a minimum must contain
60 51 percent ethanol by
45.18volume. For the purposes of this chapter, the energy content of E85 will be considered to be
45.1982,000 BTUs per gallon. E85 produced for use as a motor fuel in alternative fuel vehicles
45.20as defined in subdivision 5 must comply with ASTM specification
D5798-07 D5798-11.
45.21EFFECTIVE DATE.This section is effective the day following final enactment.
45.22 Sec. 65.
REVISOR'S INSTRUCTION.
45.23The revisor of statutes shall renumber Minnesota Statutes, section 18B.01,
45.24subdivision 4a, as subdivision 4b and correct any cross-references.
45.25 Sec. 66.
REPEALER.
45.26Minnesota Statutes 2012, sections 18.91, subdivisions 3 and 5; 18B.07, subdivision
45.276; and 239.791, subdivision 1a, are repealed.
45.29ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
45.30
|
Section 1. SUMMARY OF APPROPRIATIONS.
|
46.1 The amounts shown in this section summarize direct appropriations, by fund, made
46.2in this article.
46.3
|
|
|
2014
|
|
2015
|
|
Total
|
46.4
|
General
|
$
|
87,464,000
|
$
|
87,843,000
|
$
|
175,307,000
|
46.5
46.6
|
State Government Special
Revenue
|
|
75,000
|
|
75,000
|
|
150,000
|
46.7
|
Environmental
|
|
68,680,000
|
|
68,825,000
|
|
137,505,000
|
46.8
|
Natural Resources
|
|
91,724,000
|
|
94,184,000
|
|
185,908,000
|
46.9
|
Game and Fish
|
|
91,372,000
|
|
91,372,000
|
|
182,744,000
|
46.10
|
Remediation
|
|
10,596,000
|
|
10,596,000
|
|
21,192,000
|
46.11
|
Permanent School
|
|
200,000
|
|
200,000
|
|
400,000
|
46.12
|
Special Revenue
|
|
1,422,000
|
|
1,377,000
|
|
2,799,000
|
46.13
|
Total
|
$
|
351,533,000
|
$
|
354,472,000
|
$
|
706,005,000
|
46.14
|
Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
|
46.15 The sums shown in the columns marked "Appropriations" are appropriated to the
46.16agencies and for the purposes specified in this article. The appropriations are from the
46.17general fund, or another named fund, and are available for the fiscal years indicated
46.18for each purpose. The figures "2014" and "2015" used in this article mean that the
46.19appropriations listed under them are available for the fiscal year ending June 30, 2014, or
46.20June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
46.21year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
46.22year ending June 30, 2013, are effective the day following final enactment.
46.23
|
|
|
|
APPROPRIATIONS
|
46.24
|
|
|
|
Available for the Year
|
46.25
|
|
|
|
Ending June 30
|
46.26
|
|
|
|
|
2014
|
|
2015
|
46.27
|
Sec. 3. POLLUTION CONTROL AGENCY
|
|
|
|
|
46.28
|
Subdivision 1.Total Appropriation
|
$
|
85,806,000
|
$
|
85,931,000
|
46.29
|
Appropriations by Fund
|
46.30
|
|
2014
|
2015
|
46.31
|
General
|
5,133,000
|
5,158,000
|
46.32
46.33
|
State Government
Special Revenue
|
75,000
|
75,000
|
46.34
|
Special Revenue
|
1,422,000
|
1,377,000
|
46.35
|
Environmental
|
68,680,000
|
68,825,000
|
46.36
|
Remediation
|
10,496,000
|
10,496,000
|
47.1The amounts that may be spent for each
47.2purpose are specified in the following
47.3subdivisions.
47.4
|
Subd. 2.Water
|
|
24,697,000
|
|
24,697,000
|
47.5
|
Appropriations by Fund
|
47.6
|
|
2014
|
2015
|
47.7
|
General
|
3,737,000
|
3,737,000
|
47.8
47.9
|
State Government
Special Revenue
|
75,000
|
75,000
|
47.10
|
Environmental
|
20,885,000
|
20,885,000
|
47.11$1,378,000 the first year and $1,378,000 the
47.12second year are for water program operations.
47.13$1,959,000 the first year and $1,959,000
47.14the second year are for grants to delegated
47.15counties to administer the county feedlot
47.16program under Minnesota Statutes, section
47.17116.0711, subdivisions 2 and 3. By January
47.1815, 2016, the commissioner shall submit a
47.19report detailing the results achieved with
47.20this appropriation to the chairs and ranking
47.21minority members of the senate and house
47.22of representatives committees and divisions
47.23with jurisdiction over environment and
47.24natural resources policy and finance. Money
47.25remaining after the first year is available for
47.26the second year.
47.27$740,000 the first year and $740,000 the
47.28second year are from the environmental
47.29fund to address the need for continued
47.30increased activity in the areas of new
47.31technology review, technical assistance
47.32for local governments, and enforcement
47.33under Minnesota Statutes, sections 115.55
47.34to 115.58, and to complete the requirements
47.35of Laws 2003, chapter 128, article 1, section
47.36165.
48.1$400,000 the first year and $400,000
48.2the second year are for the clean water
48.3partnership program. Any unexpended
48.4balance in the first year does not cancel but
48.5is available in the second year. Priority shall
48.6be given to projects preventing impairments
48.7and degradation of lakes, rivers, streams,
48.8and groundwater according to Minnesota
48.9Statutes, section 114D.20, subdivision 2,
48.10clause (4).
48.11$664,000 the first year and $664,000 the
48.12second year are from the environmental
48.13fund for subsurface sewage treatment
48.14system (SSTS) program administration
48.15and community technical assistance and
48.16education, including grants and technical
48.17assistance to communities for water quality
48.18protection. Of this amount, $80,000 each
48.19year is for assistance to counties through
48.20grants for SSTS program administration.
48.21A county receiving a grant from this
48.22appropriation shall submit a report detailing
48.23the results achieved with the grant to the
48.24commissioner. The county is not eligible for
48.25funds from the second year appropriation
48.26until the commissioner receives the report.
48.27Any unexpended balance in the first year does
48.28not cancel but is available in the second year.
48.29$105,000 the first year and $105,000 the
48.30second year are from the environmental fund
48.31for registration of wastewater laboratories.
48.32$50,000 the first year is from the
48.33environmental fund for providing technical
48.34assistance to local units of government to
48.35address the water quality impacts from
49.1polycyclic aromatic hydrocarbons resulting
49.2from the use of coal tar products as regulated
49.3under Minnesota Statutes, section 116.201.
49.4$313,000 the first year and $313,000 the
49.5second year are from the environmental
49.6fund to be transferred to the commissioner
49.7of health to continue perfluorochemical
49.8biomonitoring in eastern metropolitan
49.9communities, as recommended by the
49.10Environmental Health Tracking and
49.11Biomonitoring Advisory Panel.
49.12Notwithstanding Minnesota Statutes, section
49.1316A.28, the appropriations encumbered on or
49.14before June 30, 2015, as grants or contracts
49.15for SSTS's, surface water and groundwater
49.16assessments, total maximum daily loads,
49.17storm water, and water quality protection in
49.18this subdivision are available until June 30,
49.192018.
49.20
|
Subd. 3.Air
|
|
15,031,000
|
|
15,201,000
|
49.21
|
Appropriations by Fund
|
49.22
|
|
2014
|
2015
|
49.23
|
Environmental
|
15,031,000
|
15,201,000
|
49.24$200,000 the first year and $200,000 the
49.25second year are from the environmental fund
49.26for a monitoring program under Minnesota
49.27Statutes, section 116.454.
49.28Up to $150,000 the first year and $150,000
49.29the second year may be transferred from the
49.30environmental fund to the small business
49.31environmental improvement loan account
49.32established in Minnesota Statutes, section
49.33116.993.
49.34$125,000 the first year and $125,000 the
49.35second year are from the environmental fund
50.1for monitoring ambient air for hazardous
50.2pollutants in the metropolitan area.
50.3$360,000 the first year and $360,000 the
50.4second year are from the environmental fund
50.5for systematic, localized monitoring efforts
50.6in the state that:
50.7(1) sample ambient air for a period of one to
50.8three months at various sites;
50.9(2) analyze the samples and compare the data
50.10to the agency's fixed air monitoring sites; and
50.11(3) determine whether significant localized
50.12differences exist.
50.13The commissioner, when selecting areas to
50.14monitor, shall give priority to areas where low
50.15income, indigenous American Indians, and
50.16communities of color are disproportionately
50.17impacted by pollution from highway traffic,
50.18air traffic, and industrial sources to assist
50.19with efforts to ensure environmental justice
50.20for those areas. For the purposes of this
50.21paragraph, "environmental justice" means the
50.22fair treatment of people of all races, cultures,
50.23and income levels in the development,
50.24adoption, implementation, and enforcement
50.25of environmental laws and policies.
50.26$540,000 the first year and $540,000 the
50.27second year are from the environmental
50.28fund for emission reduction activities and
50.29grants to small businesses and other nonpoint
50.30emission reduction efforts. Any unexpended
50.31balance in the first year does not cancel but is
50.32available in the second year.
50.33
|
Subd. 4.Land
|
|
17,412,000
|
|
17,412,000
|
51.1
|
Appropriations by Fund
|
51.2
|
|
2014
|
2015
|
51.3
|
Environmental
|
6,916,000
|
6,916,000
|
51.4
|
Remediation
|
10,496,000
|
10,496,000
|
51.5All money for environmental response,
51.6compensation, and compliance in the
51.7remediation fund not otherwise appropriated
51.8is appropriated to the commissioners of the
51.9Pollution Control Agency and agriculture
51.10for purposes of Minnesota Statutes, section
51.11115B.20, subdivision 2, clauses (1), (2),
51.12(3), (6), and (7). At the beginning of each
51.13fiscal year, the two commissioners shall
51.14jointly submit an annual spending plan
51.15to the commissioner of management and
51.16budget that maximizes the utilization of
51.17resources and appropriately allocates the
51.18money between the two departments. This
51.19appropriation is available until June 30, 2015.
51.20$3,616,000 the first year and $3,616,000 the
51.21second year are from the remediation fund for
51.22purposes of the leaking underground storage
51.23tank program to protect the land. These same
51.24annual amounts are transferred from the
51.25petroleum tank fund to the remediation fund.
51.26$252,000 the first year and $252,000 the
51.27second year are from the remediation fund
51.28for transfer to the commissioner of health for
51.29private water supply monitoring and health
51.30assessment costs in areas contaminated
51.31by unpermitted mixed municipal solid
51.32waste disposal facilities and drinking water
51.33advisories and public information activities
51.34for areas contaminated by hazardous releases.
51.35
51.36
|
Subd. 5.Environmental Assistance and
Cross-Media
|
|
28,271,000
|
|
28,201,000
|
52.1
|
Appropriations by Fund
|
52.2
|
|
2014
|
2015
|
52.3
|
Special Revenue
|
1,422,000
|
1,377,000
|
52.4
|
Environmental
|
25,848,000
|
25,823,000
|
52.5
|
General
|
1,001,000
|
1,001,000
|
52.6$14,450,000 the first year and $14,450,000
52.7the second year are from the environmental
52.8fund for SCORE grants to counties. Of
52.9this amount, $14,250,000 each year is for
52.10SCORE block grants and $200,000 each year
52.11is for competitive grants.
52.12$119,000 the first year and $119,000 the
52.13second year are from the environmental
52.14fund for environmental assistance grants
52.15or loans under Minnesota Statutes, section
52.16115A.0716. Any unencumbered grant and
52.17loan balances in the first year do not cancel
52.18but are available for grants and loans in the
52.19second year.
52.20$89,000 the first year and $89,000 the
52.21second year are from the environmental fund
52.22for duties related to harmful chemicals in
52.23products under Minnesota Statutes, sections
52.24116.9401 to 116.9407. Of this amount,
52.25$57,000 each year is transferred to the
52.26commissioner of health.
52.27$600,000 the first year and $600,000 the
52.28second year are from the environmental
52.29fund to address environmental health risks.
52.30Of this amount, $499,000 the first year and
52.31$499,000 the second year are for transfer to
52.32the Department of Health.
52.33$312,000 the first year and $312,000 the
52.34second year are from the general fund and
52.35$188,000 the first year and $188,000 the
53.1second year are from the environmental fund
53.2for Environmental Quality Board operations
53.3and support.
53.4$75,000 the first year and $50,000 the second
53.5year are from the environmental fund for
53.6transfer to the Office of Administrative
53.7Hearings to establish sanitary districts.
53.8$1,422,000 the first year and $1,377,000 the
53.9second year are from the special revenue
53.10fund for the Environmental Quality Board to
53.11lead an interagency team to provide technical
53.12assistance regarding the mining, processing,
53.13and transporting of silica sand and develop
53.14the model standards and criteria required
53.15under Minnesota Statutes, section 116C.99.
53.16Of this amount, $266,000 the first year and
53.17$263,000 the second year are for transfer to
53.18the commissioner of health, $447,000 the
53.19first year and $420,000 the second year are
53.20for transfer to the commissioner of natural
53.21resources, $5,000 the first year and $10,000
53.22the second year are for transfer to the Board
53.23of Water and Soil Resources, and $150,000
53.24the first year and $140,000 the second year
53.25are for transfer to the commissioner of
53.26transportation.
53.27$5,000 the first year is from the environmental
53.28fund to prepare and submit a report to the
53.29chairs and ranking minority members of
53.30the senate and house of representatives
53.31committees and divisions with jurisdiction
53.32over the environment and natural resources,
53.33by December 1, 2013, with recommendations
53.34for a statewide recycling refund program
54.1for beverage containers that achieves an 80
54.2percent recycling rate.
54.3All money deposited in the environmental
54.4fund for the metropolitan solid waste
54.5landfill fee in accordance with Minnesota
54.6Statutes, section 473.843, and not otherwise
54.7appropriated, is appropriated for the purposes
54.8of Minnesota Statutes, section 473.844.
54.9Notwithstanding Minnesota Statutes, section
54.1016A.28, the appropriations encumbered on
54.11or before June 30, 2015, as contracts or
54.12grants for surface water and groundwater
54.13assessments; environmental assistance
54.14awarded under Minnesota Statutes, section
54.15115A.0716; technical and research assistance
54.16under Minnesota Statutes, section 115A.152;
54.17technical assistance under Minnesota
54.18Statutes, section 115A.52; and pollution
54.19prevention assistance under Minnesota
54.20Statutes, section 115D.04, are available until
54.21June 30, 2017.
54.22
|
Subd. 6.Administrative Support
|
|
395,000
|
|
420,000
|
54.23The commissioner shall submit the agency's
54.24budget for fiscal years 2016 and 2017 to
54.25the legislature in a manner that allows
54.26the legislature and public to understand
54.27the outcomes that will be achieved with
54.28the appropriations. The budget must be
54.29structured so that a significantly larger
54.30portion of the revenues from solid waste
54.31taxes are spent on solid waste activities.
54.32
|
Sec. 4. NATURAL RESOURCES
|
|
|
|
|
54.33
|
Subdivision 1.Total Appropriation
|
$
|
236,483,000
|
$
|
239,514,000
|
55.1
|
Appropriations by Fund
|
55.2
|
|
2014
|
2015
|
55.3
|
General
|
59,707,000
|
59,978,000
|
55.4
|
Natural Resources
|
85,104,000
|
87,864,000
|
55.5
|
Game and Fish
|
91,372,000
|
91,372,000
|
55.6
|
Remediation
|
100,000
|
100,000
|
55.7
|
Permanent School
|
200,000
|
200,000
|
55.8The amounts that may be spent for each
55.9purpose are specified in the following
55.10subdivisions.
55.11
55.12
|
Subd. 2.Land and Mineral Resources
Management
|
|
6,073,000
|
|
6,073,000
|
55.13
|
Appropriations by Fund
|
55.14
|
|
2014
|
2015
|
55.15
|
General
|
722,000
|
722,000
|
55.16
|
Natural Resources
|
3,700,000
|
3,700,000
|
55.17
|
Game and Fish
|
1,451,000
|
1,451,000
|
55.18
|
Permanent School
|
200,000
|
200,000
|
55.19$68,000 the first year and $68,000 the
55.20second year are for minerals cooperative
55.21environmental research, of which $34,000
55.22the first year and $34,000 the second year are
55.23available only as matched by $1 of nonstate
55.24money for each $1 of state money. The
55.25match may be cash or in-kind.
55.26$251,000 the first year and $251,000 the
55.27second year are for iron ore cooperative
55.28research. Of this amount, $200,000 each year
55.29is from the minerals management account
55.30in the natural resources fund. $175,000 the
55.31first year and $175,000 the second year are
55.32available only as matched by $1 of nonstate
55.33money for each $1 of state money. The match
55.34may be cash or in-kind. Any unencumbered
55.35balance from the first year does not cancel
55.36and is available in the second year.
56.1$2,779,000 the first year and $2,779,000
56.2the second year are from the minerals
56.3management account in the natural resources
56.4fund for use as provided in Minnesota
56.5Statutes, section 93.2236, paragraph (c),
56.6for mineral resource management, projects
56.7to enhance future mineral income, and
56.8projects to promote new mineral resource
56.9opportunities.
56.10$200,000 the first year and $200,000 the
56.11second year are from the state forest suspense
56.12account in the permanent school fund to
56.13accelerate land exchanges, land sales, and
56.14commercial leasing of school trust lands and
56.15to identify, evaluate, and lease construction
56.16aggregate located on school trust lands. This
56.17appropriation is to be used for securing
56.18long-term economic return from the
56.19school trust lands consistent with fiduciary
56.20responsibilities and sound natural resources
56.21conservation and management principles.
56.22$145,000 the first year and $145,000
56.23the second year are from the minerals
56.24management account in the natural resources
56.25fund for transfer to the commissioner of
56.26administration for the school trust lands
56.27director.
56.28The appropriations in Laws 2007, chapter 57,
56.29article 1, section 4, subdivision 2, as amended
56.30by Laws 2009, chapter 37, article 1, section
56.3160, and as extended in Laws 2011, First
56.32Special Session chapter 2, article 1, section 4,
56.33subdivision 2, for support of the land records
56.34management system are available until spent.
56.35
|
Subd. 3.Ecological and Water Resources
|
|
28,227,000
|
|
30,987,000
|
57.1
|
Appropriations by Fund
|
57.2
|
|
2014
|
2015
|
57.3
|
General
|
11,262,000
|
11,262,000
|
57.4
|
Natural Resources
|
12,902,000
|
15,662,000
|
57.5
|
Game and Fish
|
4,063,000
|
4,063,000
|
57.6$2,942,000 the first year and $2,942,000 the
57.7second year are from the invasive species
57.8account in the natural resources fund and
57.9$3,706,000 the first year and $3,706,000 the
57.10second year are from the general fund for
57.11management, public awareness, assessment
57.12and monitoring research, and water access
57.13inspection to prevent the spread of invasive
57.14species; management of invasive plants in
57.15public waters; and management of terrestrial
57.16invasive species on state-administered lands.
57.17Of this amount, up to $200,000 each year
57.18is from the invasive species account in the
57.19natural resources fund for liability insurance
57.20coverage for Asian carp deterrent barriers.
57.21$5,000,000 the first year and $5,000,000 the
57.22second year are from the water management
57.23account in the natural resources fund for only
57.24the purposes specified in Minnesota Statutes,
57.25section 103G.27, subdivision 2. Of this
57.26amount, $190,000 the first year and $170,000
57.27the second year are for enhancements to
57.28the online system for water appropriation
57.29permits to account for preliminary approval
57.30requirements and related water appropriation
57.31permit activities.
57.32$53,000 the first year and $53,000 the
57.33second year are for a grant to the Mississippi
57.34Headwaters Board for up to 50 percent of the
57.35cost of implementing the comprehensive plan
57.36for the upper Mississippi within areas under
58.1the board's jurisdiction. By January 15, 2016,
58.2the board shall submit a report detailing the
58.3results achieved with this appropriation to
58.4the commissioner and the chairs and ranking
58.5minority members of the senate and house
58.6of representatives committees and divisions
58.7with jurisdiction over environment and
58.8natural resources policy and finance.
58.9$5,000 the first year and $5,000 the second
58.10year are for payment to the Leech Lake Band
58.11of Chippewa Indians to implement the band's
58.12portion of the comprehensive plan for the
58.13upper Mississippi.
58.14$264,000 the first year and $264,000 the
58.15second year are for grants for up to 50
58.16percent of the cost of implementation of
58.17the Red River mediation agreement. The
58.18commissioner shall submit a report by
58.19January 15, 2015, to the chairs of the
58.20legislative committees having primary
58.21jurisdiction over environment and natural
58.22resources policy and finance on the
58.23accomplishments achieved with the grants.
58.24$1,643,000 the first year and $1,643,000
58.25the second year are from the heritage
58.26enhancement account in the game and
58.27fish fund for only the purposes specified
58.28in Minnesota Statutes, section 297A.94,
58.29paragraph (e), clause (1).
58.30$1,223,000 the first year and $1,223,000 the
58.31second year are from the nongame wildlife
58.32management account in the natural resources
58.33fund for the purpose of nongame wildlife
58.34management. Notwithstanding Minnesota
58.35Statutes, section 290.431, $100,000 the first
59.1year and $100,000 the second year may
59.2be used for nongame wildlife information,
59.3education, and promotion.
59.4$2,500,000 the first year and $5,260,000 the
59.5second year are from the water management
59.6account in the natural resources fund for the
59.7following activities:
59.8(1) installation of additional groundwater
59.9monitoring wells;
59.10(2) increased financial reimbursement
59.11and technical support to soil and water
59.12conservation districts or other local units
59.13of government for groundwater level
59.14monitoring;
59.15(3) additional surface water monitoring and
59.16analysis, including installation of monitoring
59.17gauges;
59.18(4) additional groundwater analysis to
59.19assist with water appropriation permitting
59.20decisions;
59.21(5) additional permit application review
59.22incorporating surface water and groundwater
59.23technical analysis;
59.24(6) enhancement of precipitation data and
59.25analysis to improve the use of irrigation;
59.26(7) enhanced information technology,
59.27including electronic permitting and
59.28integrated data systems; and
59.29(8) increased compliance and monitoring.
59.30$1,000,000 the first year and $1,000,000
59.31the second year are for grants to local units
59.32of government and tribes to prevent the
59.33spread of aquatic invasive species, including
59.34inspection and decontamination programs.
60.1
|
Subd. 4.Forest Management
|
|
34,310,000
|
|
34,260,000
|
60.2
|
Appropriations by Fund
|
60.3
|
|
2014
|
2015
|
60.4
|
General
|
21,900,000
|
21,850,000
|
60.5
|
Natural Resources
|
11,123,000
|
11,123,000
|
60.6
|
Game and Fish
|
1,287,000
|
1,287,000
|
60.7$7,145,000 the first year and $7,145,000
60.8the second year are for prevention,
60.9presuppression, and suppression costs of
60.10emergency firefighting and other costs
60.11incurred under Minnesota Statutes, section
60.1288.12. The amount necessary to pay for
60.13presuppression and suppression costs during
60.14the biennium is appropriated from the general
60.15fund.
60.16By January 15 of each year, the commissioner
60.17of natural resources shall submit a report to
60.18the chairs and ranking minority members
60.19of the house of representatives and senate
60.20committees and divisions having jurisdiction
60.21over environment and natural resources
60.22finance, identifying all firefighting costs
60.23incurred and reimbursements received in
60.24the prior fiscal year. These appropriations
60.25may not be transferred. Any reimbursement
60.26of firefighting expenditures made to the
60.27commissioner from any source other than
60.28federal mobilizations shall be deposited into
60.29the general fund.
60.30$11,123,000 the first year and $11,123,000
60.31the second year are from the forest
60.32management investment account in the
60.33natural resources fund for only the purposes
60.34specified in Minnesota Statutes, section
60.3589.039, subdivision 2.
61.1$1,287,000 the first year and $1,287,000
61.2the second year are from the game and fish
61.3fund to advance ecological classification
61.4systems (ECS) scientific management tools
61.5for forest and invasive species management.
61.6This appropriation is from revenue deposited
61.7in the game and fish fund under Minnesota
61.8Statutes, section 297A.94, paragraph (e),
61.9clause (1).
61.10$580,000 the first year and $580,000 the
61.11second year are for the Forest Resources
61.12Council for implementation of the
61.13Sustainable Forest Resources Act.
61.14$250,000 the first year and $250,000 the
61.15second year are for the FORIST system.
61.16$50,000 the first year is for development of
61.17a plan and recommendations, in consultation
61.18with the University of Minnesota,
61.19Department of Forest Resources, on utilizing
61.20the state forest nurseries to: ensure the
61.21long-term availability of ecologically
61.22appropriate and genetically diverse native
61.23forest seed and seedlings to support state
61.24conservation projects and initiatives;
61.25protect the genetic fitness and resilience of
61.26native forest ecosystems; and support tree
61.27improvement research to address evolving
61.28pressures such as invasive species and
61.29climate change. By December 31, 2013,
61.30the commissioner shall submit a report with
61.31the plan and recommendations to the chairs
61.32and ranking minority members of the senate
61.33and house of representatives committees
61.34and divisions with jurisdiction over natural
61.35resources. The report shall address funding
62.1to improve state forest nursery and tree
62.2improvement capabilities. The report shall
62.3also provide updated recommendations from
62.4those contained in the budget and financial
62.5plan required under Laws 2011, First Special
62.6Session chapter 2, article 4, section 30.
62.7
|
Subd. 5.Parks and Trails Management
|
|
68,202,000
|
|
67,902,000
|
62.8
|
Appropriations by Fund
|
62.9
|
|
2014
|
2015
|
62.10
|
General
|
20,130,000
|
20,130,000
|
62.11
|
Natural Resources
|
45,813,000
|
45,513,000
|
62.12
|
Game and Fish
|
2,259,000
|
2,259,000
|
62.13$1,075,000 the first year and $1,075,000 the
62.14second year are from the water recreation
62.15account in the natural resources fund for
62.16enhancing public water access facilities.
62.17This appropriation is not available until the
62.18commissioner develops and implements
62.19design standards and best management
62.20practices for public water access sites that
62.21maintain and improve water quality by
62.22avoiding shoreline erosion and runoff.
62.23$300,000 the first year is from the water
62.24recreation account in the natural resources
62.25fund for construction of restroom facilities
62.26at the public water access for Crane Lake
62.27on Handberg Road. This is a onetime
62.28appropriation and is available until the
62.29construction is completed.
62.30$5,740,000 the first year and $5,740,000 the
62.31second year are from the natural resources
62.32fund for state trail, park, and recreation area
62.33operations. This appropriation is from the
62.34revenue deposited in the natural resources
62.35fund under Minnesota Statutes, section
62.36297A.94, paragraph (e), clause (2).
63.1$1,005,000 the first year and $1,005,000 the
63.2second year are from the natural resources
63.3fund for trail grants to local units of
63.4government on land to be maintained for at
63.5least 20 years for the purposes of the grants.
63.6This appropriation is from the revenue
63.7deposited in the natural resources fund
63.8under Minnesota Statutes, section 297A.94,
63.9paragraph (e), clause (4). Any unencumbered
63.10balance does not cancel at the end of the first
63.11year and is available for the second year.
63.12$8,424,000 the first year and $8,424,000
63.13the second year are from the snowmobile
63.14trails and enforcement account in the
63.15natural resources fund for the snowmobile
63.16grants-in-aid program. Any unencumbered
63.17balance does not cancel at the end of the first
63.18year and is available for the second year.
63.19$1,460,000 the first year and $1,460,000 the
63.20second year are from the natural resources
63.21fund for the off-highway vehicle grants-in-aid
63.22program. Of this amount, $1,210,000 each
63.23year is from the all-terrain vehicle account;
63.24$150,000 each year is from the off-highway
63.25motorcycle account; and $100,000 each year
63.26is from the off-road vehicle account. Any
63.27unencumbered balance does not cancel at the
63.28end of the first year and is available for the
63.29second year.
63.30$75,000 the first year and $75,000 the second
63.31year are from the cross-country ski account
63.32in the natural resources fund for grooming
63.33and maintaining cross-country ski trails in
63.34state parks, trails, and recreation areas.
64.1$350,000 the first year and $350,000 the
64.2second year are for prairie restorations in
64.3state parks and trails located in various parts
64.4of the state that are visible to the public under
64.5the pollinator habitat program established
64.6under Minnesota Statutes, section 84.973.
64.7$250,000 the first year and $250,000 the
64.8second year are from the state land and
64.9water conservation account (LAWCON)
64.10in the natural resources fund for priorities
64.11established by the commissioner for eligible
64.12state projects and administrative and
64.13planning activities consistent with Minnesota
64.14Statutes, section 84.0264, and the federal
64.15Land and Water Conservation Fund Act.
64.16Any unencumbered balance does not cancel
64.17at the end of the first year and is available for
64.18the second year.
64.19The appropriation in Laws 2009, chapter
64.2037, article 1, section 4, subdivision 5, from
64.21the natural resources fund from the revenue
64.22deposited under Minnesota Statutes, section
64.23297A.94, paragraph (e), clause (4), for local
64.24grants is available until June 30, 2014.
64.25
|
Subd. 6.Fish and Wildlife Management
|
|
62,775,000
|
|
62,775,000
|
64.26
|
Appropriations by Fund
|
64.27
|
|
2014
|
2015
|
64.28
|
Natural Resources
|
1,906,000
|
1,906,000
|
64.29
|
Game and Fish
|
60,869,000
|
60,869,000
|
64.30$8,167,000 the first year and $8,167,000
64.31the second year are from the heritage
64.32enhancement account in the game and fish
64.33fund only for activities specified in Minnesota
64.34Statutes, section 297A.94, paragraph (e),
64.35clause (1). Notwithstanding Minnesota
65.1Statutes, section 297A.94, five percent of
65.2this appropriation may be used for expanding
65.3hunter and angler recruitment and retention
65.4activities that emphasize the recruitment and
65.5retention of underrepresented groups.
65.6Notwithstanding Minnesota Statutes, section
65.784.943, $13,000 the first year and $13,000
65.8the second year from the critical habitat
65.9private sector matching account may be used
65.10to publicize the critical habitat license plate
65.11match program.
65.12
|
Subd. 7.Enforcement
|
|
36,558,000
|
|
36,558,000
|
65.13
|
Appropriations by Fund
|
65.14
|
|
2014
|
2015
|
65.15
|
General
|
5,375,000
|
5,375,000
|
65.16
|
Natural Resources
|
9,640,000
|
9,640,000
|
65.17
|
Game and Fish
|
21,443,000
|
21,443,000
|
65.18
|
Remediation
|
100,000
|
100,000
|
65.19$1,638,000 the first year and $1,638,000 the
65.20second year are from the general fund for
65.21enforcement efforts to prevent the spread of
65.22aquatic invasive species.
65.23$1,450,000 the first year and $1,450,000
65.24the second year are from the heritage
65.25enhancement account in the game and
65.26fish fund for only the purposes specified
65.27in Minnesota Statutes, section 297A.94,
65.28paragraph (e), clause (1).
65.29$250,000 the first year and $250,000 the
65.30second year are for the conservation officer
65.31pre-employment education program. Of this
65.32amount, $30,000 each year is from the water
65.33recreation account, $13,000 each year is
65.34from the snowmobile account, and $20,000
65.35each year is from the all-terrain vehicle
66.1account in the natural resources fund; and
66.2$187,000 each year is from the game and fish
66.3fund, of which $17,000 each year is from
66.4revenue deposited to the game and fish fund
66.5under Minnesota Statutes, section 297A.94,
66.6paragraph (e), clause (1).
66.7$1,082,000 the first year and $1,082,000 the
66.8second year are from the water recreation
66.9account in the natural resources fund for
66.10grants to counties for boat and water safety.
66.11Any unencumbered balance does not cancel
66.12at the end of the first year and is available for
66.13the second year.
66.14$315,000 the first year and $315,000 the
66.15second year are from the snowmobile
66.16trails and enforcement account in the
66.17natural resources fund for grants to local
66.18law enforcement agencies for snowmobile
66.19enforcement activities. Any unencumbered
66.20balance does not cancel at the end of the first
66.21year and is available for the second year.
66.22$250,000 the first year and $250,000 the
66.23second year are from the all-terrain vehicle
66.24account for grants to qualifying organizations
66.25to assist in safety and environmental
66.26education and monitoring trails on public
66.27lands under Minnesota Statutes, section
66.2884.9011. Grants issued under this paragraph:
66.29(1) must be issued through a formal
66.30agreement with the organization; and
66.31(2) must not be used as a substitute for
66.32traditional spending by the organization.
66.33By December 15 each year, an organization
66.34receiving a grant under this paragraph shall
66.35report to the commissioner with details on
67.1expenditures and outcomes from the grant.
67.2Of this appropriation, $25,000 each year
67.3is for administration of these grants. Any
67.4unencumbered balance does not cancel at the
67.5end of the first year and is available for the
67.6second year.
67.7$510,000 the first year and $510,000
67.8the second year are from the natural
67.9resources fund for grants to county law
67.10enforcement agencies for off-highway
67.11vehicle enforcement and public education
67.12activities based on off-highway vehicle use
67.13in the county. Of this amount, $498,000 each
67.14year is from the all-terrain vehicle account;
67.15$11,000 each year is from the off-highway
67.16motorcycle account; and $1,000 each year
67.17is from the off-road vehicle account. The
67.18county enforcement agencies may use
67.19money received under this appropriation
67.20to make grants to other local enforcement
67.21agencies within the county that have a high
67.22concentration of off-highway vehicle use.
67.23Of this appropriation, $25,000 each year
67.24is for administration of these grants. Any
67.25unencumbered balance does not cancel at the
67.26end of the first year and is available for the
67.27second year.
67.28$719,000 the first year and $719,000 the
67.29second year are for development and
67.30maintenance of a records management
67.31system capable of providing real time data
67.32with global positioning system information.
67.33Of this amount, $480,000 each year is from
67.34the general fund, $119,000 each year is
67.35from the game and fish fund, and $120,000
68.1each year is from the heritage enhancement
68.2account in the game and fish fund.
68.3
|
Subd. 8.Operations Support
|
|
638,000
|
|
959,000
|
68.4
|
Appropriations by Fund
|
68.5
|
|
2014
|
2015
|
68.6
|
General Fund
|
318,000
|
639,000
|
68.7
|
Natural Resources
|
320,000
|
320,000
|
68.8$320,000 the first year and $320,000 the
68.9second year are from the natural resources
68.10fund for grants to be divided equally between
68.11the city of St. Paul for the Como Park Zoo
68.12and Conservatory and the city of Duluth
68.13for the Duluth Zoo. This appropriation
68.14is from the revenue deposited to the fund
68.15under Minnesota Statutes, section 297A.94,
68.16paragraph (e), clause (5).
68.17$300,000 the first year and $300,000 the
68.18second year are from the special revenue fund
68.19to improve data analytics. The commissioner
68.20may bill the divisions of the agency an
68.21appropriate share of costs associated with
68.22this project. Any information technology
68.23development, support, or costs necessary for
68.24this project shall be incorporated into the
68.25agency's service level agreement with and
68.26paid to the Office of Enterprise Technology.
68.27
68.28
|
Sec. 5. BOARD OF WATER AND SOIL
RESOURCES
|
$
|
13,472,000
|
$
|
13,502,000
|
68.29$3,423,000 the first year and $3,423,000 the
68.30second year are for natural resources block
68.31grants to local governments. Grants must be
68.32matched with a combination of local cash or
68.33in-kind contributions. The base grant portion
68.34related to water planning must be matched
68.35by an amount as specified by Minnesota
69.1Statutes, section 103B.3369. The board may
69.2reduce the amount of the natural resources
69.3block grant to a county by an amount equal to
69.4any reduction in the county's general services
69.5allocation to a soil and water conservation
69.6district from the county's previous year
69.7allocation when the board determines that
69.8the reduction was disproportionate.
69.9$3,116,000 the first year and $3,116,000
69.10the second year are for grants requested
69.11by soil and water conservation districts for
69.12general purposes, nonpoint engineering, and
69.13implementation of the reinvest in Minnesota
69.14reserve program. Upon approval of the
69.15board, expenditures may be made from these
69.16appropriations for supplies and services
69.17benefiting soil and water conservation
69.18districts. Any district requesting a grant
69.19under this paragraph shall maintain a Web
69.20site that publishes, at a minimum, its annual
69.21report, annual audit, annual budget, and
69.22meeting notices and minutes.
69.23$1,602,000 the first year and $1,662,000 the
69.24second year are for the following cost-share
69.25programs:
69.26(1) $302,000 each year is for feedlot water
69.27quality grants for feedlots under 300 animal
69.28units in areas where there are impaired
69.29waters;
69.30(2) $1,200,000 each year is for soil and water
69.31conservation district cost-sharing contracts
69.32for erosion control, nutrient and manure
69.33management, vegetative buffers, and water
69.34quality management; and
70.1(3) $100,000 each year is for county
70.2cooperative weed management programs and
70.3to restore native plants in selected invasive
70.4species management sites by providing local
70.5native seeds and plants to landowners for
70.6implementation.
70.7The board shall submit a report to the
70.8commissioner of the Pollution Control
70.9Agency on the status of subsurface sewage
70.10treatment systems in order to ensure a single,
70.11comprehensive inventory of the systems for
70.12planning purposes.
70.13$386,000 the first year and $386,000
70.14the second year are for implementation,
70.15enforcement, and oversight of the Wetland
70.16Conservation Act.
70.17$166,000 the first year and $166,000
70.18the second year are to provide technical
70.19assistance to local drainage management
70.20officials and for the costs of the Drainage
70.21Work Group.
70.22$100,000 the first year and $100,000
70.23the second year are for a grant to the
70.24Red River Basin Commission for water
70.25quality and floodplain management,
70.26including administration of programs. This
70.27appropriation must be matched by nonstate
70.28funds. If the appropriation in either year is
70.29insufficient, the appropriation in the other
70.30year is available for it.
70.31$120,000 the first year and $60,000
70.32the second year are for grants to Area II
70.33Minnesota River Basin Projects for floodplain
70.34management. The area shall transition to a
70.35watershed district by July 1, 2015.
71.1Notwithstanding Minnesota Statutes, section
71.2103C.501, the board may shift cost-share
71.3funds in this section and may adjust the
71.4technical and administrative assistance
71.5portion of the grant funds to leverage
71.6federal or other nonstate funds or to address
71.7high-priority needs identified in local water
71.8management plans or comprehensive water
71.9management plans.
71.10$450,000 the first year and $450,000 the
71.11second year are for assistance and grants to
71.12local governments to transition local water
71.13management plans to a watershed approach
71.14as provided for in Minnesota Statutes,
71.15chapters 103B, 103C, 103D, and 114D.
71.16$125,000 the first year and $125,000 the
71.17second year are to implement internal control
71.18policies and provide related oversight and
71.19accountability for agency programs.
71.20$310,000 the first year and $310,000 the
71.21second year are to evaluate performance,
71.22financial, and activity information for local
71.23water management entities as prescribed in
71.24Minnesota Statutes, section 103B.102.
71.25The appropriations for grants in this
71.26section are available until expended. If an
71.27appropriation for grants in either year is
71.28insufficient, the appropriation in the other
71.29year is available for it.
71.30
|
Sec. 6. METROPOLITAN COUNCIL
|
$
|
8,890,000
|
$
|
8,890,000
|
71.31
|
Appropriations by Fund
|
71.32
|
|
2014
|
2015
|
71.33
|
General
|
3,220,000
|
3,220,000
|
71.34
|
Natural Resources
|
5,670,000
|
5,670,000
|
72.1$2,870,000 the first year and $2,870,000 the
72.2second year are for metropolitan area regional
72.3parks operation and maintenance according
72.4to Minnesota Statutes, section 473.351.
72.5$5,670,000 the first year and $5,670,000 the
72.6second year are from the natural resources
72.7fund for metropolitan area regional parks
72.8and trails maintenance and operations. This
72.9appropriation is from the revenue deposited
72.10in the natural resources fund under Minnesota
72.11Statutes, section 297A.94, paragraph (e),
72.12clause (3).
72.13$350,000 the first year and $350,000 the
72.14second year are for grants to implementing
72.15agencies to acquire and install solar energy
72.16panels made in Minnesota in metropolitan
72.17regional parks and trails. An implementing
72.18agency receiving a grant under this
72.19appropriation shall provide signage near
72.20the solar equipment installed that provides
72.21education on solar energy.
72.22
72.23
|
Sec. 7. CONSERVATION CORPS
MINNESOTA
|
$
|
945,000
|
$
|
945,000
|
72.24
|
Appropriations by Fund
|
72.25
|
|
2014
|
2015
|
72.26
|
General
|
455,000
|
455,000
|
72.27
|
Natural Resources
|
490,000
|
490,000
|
72.28Conservation Corps Minnesota may receive
72.29money appropriated from the natural
72.30resources fund under this section only
72.31as provided in an agreement with the
72.32commissioner of natural resources.
72.33
|
Sec. 8. ZOOLOGICAL BOARD
|
$
|
5,637,000
|
$
|
5,690,000
|
73.1
|
Appropriations by Fund
|
73.2
|
|
2014
|
2015
|
73.3
|
General
|
5,477,000
|
5,530,000
|
73.4
|
Natural Resources
|
160,000
|
160,000
|
73.5$160,000 the first year and $160,000 the
73.6second year are from the natural resources
73.7fund from the revenue deposited under
73.8Minnesota Statutes, section 297A.94,
73.9paragraph (e), clause (5).
73.11ENVIRONMENT AND NATURAL RESOURCES POLICY
73.12 Section 1. Minnesota Statutes 2012, section 84.027, is amended by adding a
73.13subdivision to read:
73.14 Subd. 19. Federal law compliance. Notwithstanding any law to the contrary,
73.15the commissioner may establish, by written order, policies for the use and operation of
73.16other power-driven mobility devices, as defined under Code of Federal Regulations, title
73.1728, section 35.104, on lands and in facilities administered by the commissioner for the
73.18purposes of implementing the Americans with Disabilities Act, United States Code, title
73.1942, section 12101 et seq. These policies are exempt from the rulemaking provisions of
73.20chapter 14 and section 14.386 does not apply.
73.21 Sec. 2.
[84.633] EXCHANGE OF ROAD EASEMENTS.
73.22 Subdivision 1. Authority. The commissioner of natural resources, on behalf of
73.23the state, may convey a road easement according to this section for access across state
73.24land under the commissioner's jurisdiction in exchange for a road easement for access to
73.25property owned by the United States, the state of Minnesota or any of its subdivisions, or a
73.26private party. The exercise of the easement across state land must not cause significant
73.27adverse environmental or natural resources management impacts.
73.28 Subd. 2. Substantially equal acres. The acres covered by the state easement
73.29conveyed by the commissioner must be substantially equal to the acres covered by the
73.30easement being received by the commissioner. For purposes of this section, "substantially
73.31equal" means that the acres do not differ by more than 20 percent. The commissioner's
73.32finding of substantially equal acres is in lieu of an appraisal or other determination of
73.33value of the lands.
74.1 Subd. 3. School trust lands. If the commissioner conveys a road easement over
74.2school trust land to a nongovernmental entity, the term of the road easement is limited
74.3to 50 years. The easement exchanged with the state may be limited to 50 years or may
74.4be perpetual.
74.5 Subd. 4. Terms and conditions. The commissioner may impose terms and
74.6conditions of use as necessary and appropriate under the circumstances. The state may
74.7accept an easement with similar terms and conditions as the state easement.
74.8 Subd. 5. Survey. If the commissioner determines that a survey is required, the
74.9governmental unit or private landowner shall pay to the commissioner a survey fee of not
74.10less than one half of the cost of the survey as determined by the commissioner.
74.11 Subd. 6. Application fee. When a private landowner or governmental unit, except
74.12the state, presents to the commissioner an offer to exchange road easements, the private
74.13landowner or governmental unit shall pay an application fee as provided under section
74.1484.63 to cover reasonable costs for reviewing the application and preparing the easements.
74.15 Subd. 7. Title. If the commissioner determines it is necessary to obtain an opinion
74.16as to the title of the land being encumbered by the easement that will be received by the
74.17commissioner, the governmental unit or private landowner shall submit an abstract of title
74.18or other title information sufficient to determine possession of the land, improvements,
74.19liens, encumbrances, and other matters affecting title.
74.20 Subd. 8. Disposition of fees. (a) Any fee paid under subdivision 5 must be credited
74.21to the account from which expenses are or will be paid and the fee is appropriated for the
74.22expenditures in the same manner as other money in the account.
74.23(b) Any fee paid under subdivision 6 must be deposited in the land management
74.24account in the natural resources fund and is appropriated to the commissioner to cover the
74.25reasonable costs incurred for preparing and issuing the state road easement and accepting
74.26the road easement from the private landowner or governmental entity.
74.27 Sec. 3. Minnesota Statutes 2012, section 84.788, is amended by adding a subdivision
74.28to read:
74.29 Subd. 13. Grant-in-aid donations. (a) At the time of registration, a person
74.30may agree to add a donation of any amount to the off-highway motorcycle registration
74.31fee for grant-in-aid off-highway motorcycle trails. An additional commission may not
74.32be assessed on the donation. The commissioner shall offer the opportunity to make a
74.33donation under this subdivision to all registrants and shall issue a recognition grant-in-aid
74.34trail sticker to registrants contributing $20 or more.
75.1(b) Money donated under this subdivision shall be deposited in the off-highway
75.2motorcycle account in the natural resources fund and shall be used for the grant-in-aid
75.3program as provided under section 84.794, subdivision 2, paragraph (a), clause (3).
75.4 Sec. 4. Minnesota Statutes 2012, section 84.794, subdivision 1, is amended to read:
75.5 Subdivision 1.
Registration revenue. Fees from the registration of off-highway
75.6motorcycles
, donations received under section 84.788, subdivision 13, and the unrefunded
75.7gasoline tax attributable to off-highway motorcycle use under section
296A.18 must be
75.8deposited in the state treasury and credited to the off-highway motorcycle account in
75.9the natural resources fund.
75.10 Sec. 5. Minnesota Statutes 2012, section 84.798, is amended by adding a subdivision
75.11to read:
75.12 Subd. 11. Grant-in-aid trail donations. (a) At the time of registration, a person
75.13may agree to add a donation of any amount to the off-road vehicle registration fee for
75.14grant-in-aid off-road vehicle trails. An additional commission may not be assessed on the
75.15donation. The commissioner shall offer the opportunity to make a donation under this
75.16subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker to
75.17registrants contributing $20 or more.
75.18(b) Money donated under this subdivision shall be deposited in the off-road vehicle
75.19account in the natural resources fund and shall be used for the grant-in-aid program as
75.20provided under section 84.803, subdivision 2, clause (3).
75.21 Sec. 6. Minnesota Statutes 2012, section 84.803, subdivision 1, is amended to read:
75.22 Subdivision 1.
Registration revenue. Fees from the registration of off-road
75.23vehicles
, donations received under section 84.798, subdivision 11, and unrefunded
75.24gasoline tax attributable to off-road vehicle use under section
296A.18 must be deposited in
75.25the state treasury and credited to the off-road vehicle account in the natural resources fund.
75.26 Sec. 7. Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to
75.27read:
75.28 Subd. 2a. Limited nontrail use registration. A snowmobile may be registered for
75.29limited nontrail use. A snowmobile registered under this subdivision may be used solely
75.30for transportation on the frozen surface of public water for purposes of ice fishing and may
75.31not otherwise be operated on a state or grant-in-aid snowmobile trail. The fee for a limited
75.32nontrail use registration is $45 for three years. A limited nontrail use registration is not
76.1transferable. In addition to other penalties prescribed by law, the penalty for violation of
76.2this subdivision is immediate revocation of the limited nontrail use registration. The
76.3commissioner shall ensure that the registration sticker provided for limited nontrail use is
76.4of a different color and is distinguishable from other snowmobile registration and state
76.5trail stickers provided.
76.6 Sec. 8. Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to
76.7read:
76.8 Subd. 12. Grant-in-aid trail donations. (a) At the time of registration, a person
76.9may agree to add a donation of any amount to the snowmobile registration fee for
76.10grant-in-aid snowmobile trails. An additional commission may not be assessed on the
76.11donation. The commissioner shall offer the opportunity to make a donation under this
76.12subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker to
76.13registrants contributing $20 or more.
76.14(b) Money donated under this subdivision shall be deposited in the snowmobile trails
76.15and enforcement account in the natural resources fund and shall be used for the grant-in-aid
76.16program as provided under section 84.83, subdivision 3, paragraph (a), clause (1).
76.17 Sec. 9. Minnesota Statutes 2012, section 84.83, subdivision 2, is amended to read:
76.18 Subd. 2.
Money deposited in the account. Fees from the registration of
76.19snowmobiles and from the issuance of snowmobile state trail stickers
, donations received
76.20under section 84.82, subdivision 12, and the unrefunded gasoline tax attributable to
76.21snowmobile use pursuant to section
296A.18 shall be deposited in the state treasury and
76.22credited to the snowmobile trails and enforcement account.
76.23 Sec. 10. Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision
76.24to read:
76.25 Subd. 13. Grant-in-aid trail contributions. (a) At the time of registration,
76.26the commissioner shall offer a registrant the opportunity to make a contribution for
76.27grant-in-aid trails. The commissioner shall issue a recognition grant-in-aid trail sticker to
76.28registrants contributing $20 or more.
76.29(b) Money contributed under this subdivision shall be deposited in the state treasury
76.30and credited to the all-terrain vehicle account and is dedicated for the grant-in-aid trail
76.31program.
77.1 Sec. 11. Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision
77.2to read:
77.3 Subd. 14. No registration weekend. The commissioner shall designate by rule one
77.4weekend each year when, notwithstanding subdivision 1, an all-terrain vehicle may be
77.5operated on state and grant-in-aid all-terrain vehicle trails without a registration issued
77.6under this section. Nonresidents may participate during the designated weekend without a
77.7state trail pass required under section 84.9275.
77.8EFFECTIVE DATE.This section is effective the day following final enactment.
77.9 Sec. 12. Minnesota Statutes 2012, section 84.9256, subdivision 1, is amended to read:
77.10 Subdivision 1.
Prohibitions on youthful operators. (a) Except for operation on
77.11public road rights-of-way that is permitted under section
84.928 and as provided under
77.12paragraph (j), a driver's license issued by the state or another state is required to operate an
77.13all-terrain vehicle along or on a public road right-of-way.
77.14 (b) A person under 12 years of age shall not:
77.15 (1) make a direct crossing of a public road right-of-way;
77.16 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
77.17 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
77.18paragraph (f).
77.19 (c) Except for public road rights-of-way of interstate highways, a person 12 years
77.20of age but less than 16 years may make a direct crossing of a public road right-of-way
77.21of a trunk, county state-aid, or county highway or operate on public lands and waters or
77.22state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
77.23certificate issued by the commissioner and is accompanied by a person 18 years of age or
77.24older who holds a valid driver's license.
77.25 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
77.26old, but less than
16 18 years old, must:
77.27 (1) successfully complete the safety education and training program under section
77.2884.925
, subdivision 1, including a riding component; and
77.29 (2) be able to properly reach and control the handle bars and reach the foot pegs
77.30while sitting upright on the seat of the all-terrain vehicle.
77.31 (e) A person at least 11 years of age may take the safety education and training
77.32program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
77.33the certificate is not valid until the person reaches age 12.
78.1 (f) A person at least ten years of age but under 12 years of age may operate an
78.2all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
78.3accompanied by a parent or legal guardian.
78.4 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
78.5 (h) A person under the age of 16 may not operate an all-terrain vehicle on public
78.6lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
78.7control the handle bars and reach the foot pegs while sitting upright on the seat of the
78.8all-terrain vehicle.
78.9(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
78.1016 years old, may make a direct crossing of a public road right-of-way of a trunk, county
78.11state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
78.12or state or grant-in-aid trails if:
78.13(1) the nonresident youth has in possession evidence of completing an all-terrain
78.14safety course offered by the ATV Safety Institute or another state as provided in section
78.1584.925
, subdivision 3; and
78.16(2) the nonresident youth is accompanied by a person 18 years of age or older who
78.17holds a valid driver's license.
78.18(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
78.19vehicle on the bank, slope, or ditch of a public road right-of-way as permitted under
78.20section 84.928 if the person:
78.21(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
78.22and
78.23(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
78.24 Sec. 13. Minnesota Statutes 2012, section 84.928, subdivision 1, is amended to read:
78.25 Subdivision 1.
Operation on roads and rights-of-way. (a) Unless otherwise
78.26allowed in sections
84.92 to
84.928, a person shall not operate an all-terrain vehicle in
78.27this state along or on the roadway, shoulder, or inside bank or slope of a public road
78.28right-of-way of a trunk, county state-aid, or county highway.
78.29 (b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
78.30bank or slope of a trunk, county state-aid, or county highway unless prohibited under
78.31paragraph (d) or (f).
78.32 (c) A person may operate a class 2 all-terrain vehicle
:
78.33 (1) within the public road right-of-way of a county state-aid or county highway on
78.34the extreme right-hand side of the road and left turns may be made from any part of
79.1the road if it is safe to do so under the prevailing conditions, unless prohibited under
79.2paragraph (d) or (f)
.;
79.3 (2) on the bank, slope, or ditch of a public road right-of-way of a trunk highway,
79.4but only to access businesses or make trail connections, and left turns may be made from
79.5any part of the road if it is safe to do so under the prevailing conditions, unless prohibited
79.6under paragraph (d) or (f); and
79.7 (3) A person may operate a class 2 all-terrain vehicle on the bank or ditch of a
79.8public road right-of-way
:
79.9 (i) on a designated class 2 all-terrain vehicle trail
.; or
79.10 (ii) to access businesses or make trail connections when operation within the public
79.11road right-of-way is unsafe.
79.12 (d) A road authority as defined under section
160.02, subdivision 25, may after a
79.13public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
79.14its jurisdiction.
79.15 (e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
79.16operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
79.17bank or slope of a trunk, interstate, county state-aid, or county highway:
79.18(1) that is part of a funded grant-in-aid trail; or
79.19(2) when the all-terrain vehicle is owned by or operated under contract with a publicly
79.20or privately owned utility or pipeline company and used for work on utilities or pipelines.
79.21 (f) The commissioner may limit the use of a right-of-way for a period of time if the
79.22commissioner determines that use of the right-of-way causes:
79.23 (1) degradation of vegetation on adjacent public property;
79.24 (2) siltation of waters of the state;
79.25 (3) impairment or enhancement to the act of taking game; or
79.26 (4) a threat to safety of the right-of-way users or to individuals on adjacent public
79.27property.
79.28 The commissioner must notify the road authority as soon as it is known that a closure
79.29will be ordered. The notice must state the reasons and duration of the closure.
79.30 (g) A person may operate an all-terrain vehicle registered for private use and used
79.31for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
79.32county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
79.33side of the road, and left turns may be made from any part of the road if it is safe to do so
79.34under the prevailing conditions.
79.35 (h) A person shall not operate an all-terrain vehicle within the public road
79.36right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
80.1the agricultural zone unless the vehicle is being used exclusively as transportation to and
80.2from work on agricultural lands. This paragraph does not apply to an agent or employee
80.3of a road authority, as defined in section
160.02, subdivision 25, or the Department of
80.4Natural Resources when performing or exercising official duties or powers.
80.5 (i) A person shall not operate an all-terrain vehicle within the public road right-of-way
80.6of a trunk, county state-aid, or county highway between the hours of one-half hour after
80.7sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way
80.8and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.
80.9 (j) A person shall not operate an all-terrain vehicle at any time within the
80.10right-of-way of an interstate highway or freeway within this state.
80.11 Sec. 14.
[84.973] POLLINATOR HABITAT PROGRAM.
80.12(a) The commissioner shall develop best management practices and habitat
80.13restoration guidelines for pollinator habitat enhancement. Best management practices
80.14and guidelines developed under this section must be used for all projects on state lands
80.15and must be a condition of any contract for habitat enhancement or restoration of lands
80.16under the commissioner's control.
80.17(b) Prairie restorations must include an appropriate diversity of native species
80.18selected to provide habitat for pollinators throughout the growing season.
80.19 Sec. 15. Minnesota Statutes 2012, section 84D.108, subdivision 2, is amended to read:
80.20 Subd. 2.
Permit requirements. (a) Service providers must complete invasive
80.21species training provided by the commissioner and pass an examination to qualify for a
80.22permit. Service provider permits are valid for three calendar years.
80.23(b) A $50 application and testing fee is required for service provider permit
80.24applications.
80.25(c) Persons working for a permittee must satisfactorily complete aquatic invasive
80.26species-related training provided by the commissioner
, except as provided under
80.27paragraph (d).
80.28(d) A person working for and supervised by a permittee is not required to complete
80.29the training under paragraph (c) if the water-related equipment or other water-related
80.30structures remain on the riparian property owned or controlled by the permittee and are
80.31only removed from and placed into the same water of the state.
80.32 Sec. 16. Minnesota Statutes 2012, section 85.015, subdivision 13, is amended to read:
81.1 Subd. 13.
Arrowhead Region Trails, Cook, Lake, St. Louis, Pine, Carlton,
81.2Koochiching, and Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St.
81.3Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
81.4McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
81.5Itasca County and there terminate;
81.6(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
81.7and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
81.8Marais in Cook County, thence northeasterly to the international boundary in the vicinity
81.9of the north shore of Lake Superior, and there terminate;
81.10(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
81.11in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
81.12to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
81.13Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
81.14Louis County to International Falls in Koochiching County, and there terminate;
81.15(4) The Matthew Lourey Trail shall originate in Duluth in St. Louis County and
81.16extend southerly to
St. Croix Chengwatana State Forest in Pine County.
81.17(b) The trails shall be developed primarily for riding and hiking.
81.18(c) In addition to the authority granted in subdivision 1, lands and interests in lands
81.19for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
81.20any land or interest in land by eminent domain the commissioner of administration shall
81.21obtain the approval of the governor. The governor shall consult with the Legislative
81.22Advisory Commission before granting approval. Recommendations of the Legislative
81.23Advisory Commission shall be advisory only. Failure or refusal of the commission to
81.24make a recommendation shall be deemed a negative recommendation.
81.25 Sec. 17. Minnesota Statutes 2012, section 85.052, subdivision 6, is amended to read:
81.26 Subd. 6.
State park reservation system. (a) The commissioner may, by written
81.27order, develop reasonable reservation policies for campsites and other lodging. These
81.28policies are exempt from rulemaking provisions under chapter 14 and section
14.386
81.29does not apply.
81.30(b) The revenue collected from the state park reservation fee established under
81.31subdivision 5, including interest earned, shall be deposited in the state park account in the
81.32natural resources fund and is annually appropriated to the commissioner for the cost of
81.33the state park reservation system.
81.34EFFECTIVE DATE.This section is effective retroactively from March 1, 2012.
82.1 Sec. 18. Minnesota Statutes 2012, section 85.054, is amended by adding a subdivision
82.2to read:
82.3 Subd. 18. La Salle Lake State Recreation Area. A state park permit is not
82.4required and a fee may not be charged for motor vehicle entry, use, or parking in La
82.5Salle Lake State Recreation Area unless the occupants of the vehicle enter, use, or park
82.6in a developed overnight or day-use area.
82.7 Sec. 19. Minnesota Statutes 2012, section 85.055, subdivision 1, is amended to read:
82.8 Subdivision 1.
Fees. The fee for state park permits for:
82.9(1) an annual use of state parks is $25;
82.10(2) a second or subsequent vehicle state park permit is $18;
82.11(3) a state park permit valid for one day is $5;
82.12(4) a daily vehicle state park permit for groups is $3;
82.13(5) an annual permit for motorcycles is $20;
82.14(6) an employee's state park permit is without charge; and
82.15(7) a state park permit for disabled persons under section
85.053, subdivision 7,
82.16clauses (1)
and (2) to (3), is $12.
82.17The fees specified in this subdivision include any sales tax required by state law.
82.18 Sec. 20. Minnesota Statutes 2012, section 85.055, subdivision 2, is amended to read:
82.19 Subd. 2.
Fee deposit and appropriation. The fees collected under this section shall
82.20be deposited in the natural resources fund and credited to the state parks account. Money
82.21in the account, except for the electronic licensing system commission established by the
82.22commissioner under section
84.027, subdivision 15,
and the state park reservation system
82.23fee established by the commissioner under section 85.052, subdivisions 5 and 6, is available
82.24for appropriation to the commissioner to operate and maintain the state park system.
82.25 Sec. 21. Minnesota Statutes 2012, section 85.41, is amended by adding a subdivision
82.26to read:
82.27 Subd. 6. Grant-in-aid trail donations. (a) At the time of purchasing the pass
82.28required under subdivision 1, a person may agree to add a donation of any amount to
82.29the cross-country ski pass fee for grant-in-aid cross-country ski trails. An additional
82.30commission may not be assessed on the donation. The commissioner shall offer the
82.31opportunity to make a donation under this subdivision to all pass purchasers and shall
82.32issue a recognition grant-in-aid trail sticker to a person contributing $20 or more.
83.1(b) Money donated under this subdivision shall be deposited in the cross-country ski
83.2account in the natural resources fund and shall be used for the grant-in-aid program as
83.3provided under section 85.43, paragraph (a), clause (1).
83.4 Sec. 22. Minnesota Statutes 2012, section 85.42, is amended to read:
83.585.42 USER FEE; VALIDITY.
83.6(a) The fee for an annual cross-country ski pass is $19 for an individual age 16 and
83.7over. The fee for a three-year pass is $54 for an individual age 16 and over. This fee
83.8shall be collected at the time the pass is purchased. Three-year passes are valid for three
83.9years beginning the previous July 1. Annual passes are valid for one year beginning
83.10the previous July 1.
83.11(b) The cost for a daily cross-country skier pass is $5 for an individual age 16 and
83.12over. This fee shall be collected at the time the pass is purchased. The daily pass is valid
83.13only for the date designated on the pass form.
83.14(c) A pass must be signed by the skier across the front of the pass to be valid and
83.15becomes nontransferable on signing.
83.16(d) The commissioner and agents shall issue a duplicate pass to a person whose pass
83.17is lost or destroyed, using the process established under section 97A.405, subdivision 3,
83.18and rules adopted thereunder. The fee for a duplicate cross-country ski pass is $2.
83.19 Sec. 23. Minnesota Statutes 2012, section 85.43, is amended to read:
83.2085.43 DISPOSITION OF RECEIPTS; PURPOSE.
83.21(a) Fees from cross-country ski passes
and donations received under section 85.41,
83.22subdivision 6, shall be deposited in the state treasury and credited to a cross-country ski
83.23account in the natural resources fund and, except for the electronic licensing system
83.24commission established by the commissioner under section
84.027, subdivision 15, are
83.25appropriated to the commissioner of natural resources for the following purposes:
83.26(1) grants-in-aid for cross-country ski trails to:
83.27(i) counties and municipalities for construction and maintenance of cross-country
83.28ski trails; and
83.29(ii) special park districts as provided in section
85.44 for construction and
83.30maintenance of cross-country ski trails; and
83.31(2) administration of the cross-country ski trail grant-in-aid program.
83.32(b) Development and maintenance of state cross-country ski trails are eligible for
83.33funding from the cross-country ski account if the money is appropriated by law.
84.1 Sec. 24. Minnesota Statutes 2012, section 85.46, subdivision 6, is amended to read:
84.2 Subd. 6.
Disposition of receipts. Fees
and donations collected under this section,
84.3except for the issuing fee, shall be deposited in the state treasury and credited to the horse
84.4pass account in the natural resources fund. Except for the electronic licensing system
84.5commission established by the commissioner under section
84.027, subdivision 15, the
84.6fees are appropriated to the commissioner of natural resources for trail acquisition, trail
84.7and facility development, and maintenance, enforcement, and rehabilitation of horse
84.8trails or trails authorized for horse use, whether for riding, leading, or driving, on land
84.9administered by the commissioner.
84.10 Sec. 25. Minnesota Statutes 2012, section 85.46, is amended by adding a subdivision
84.11to read:
84.12 Subd. 8. Trail donations. At the time of purchasing the pass required under
84.13subdivision 1, a person may agree to add a donation of any amount to the horse pass
84.14fee for horse trails. An additional commission may not be assessed on the donation.
84.15The commissioner shall offer the opportunity to make a donation under this subdivision
84.16to all pass purchasers and shall issue a recognition trail sticker to a person contributing
84.17$20 or more.
84.18 Sec. 26. Minnesota Statutes 2012, section 89.0385, is amended to read:
84.1989.0385 FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
84.20CERTIFICATION.
84.21(a)
After each fiscal year, The commissioner shall certify the total costs incurred for
84.22forest management, forest improvement, and road improvement on state-managed lands
84.23during that year. The commissioner shall distribute forest management receipts credited to
84.24various accounts according to this section.
84.25(b) The amount of the certified costs incurred for forest management activities on
84.26state lands shall be transferred from the account where receipts are deposited to the forest
84.27management investment account in the natural resources fund, except for those costs
84.28certified under section
16A.125.
Transfers may occur quarterly, based on quarterly cost and
84.29revenue reports, throughout the fiscal year, with final certification and reconciliation after
84.30each fiscal year. Transfers in a fiscal year cannot exceed receipts credited to the account.
84.31 Sec. 27. Minnesota Statutes 2012, section 89.17, is amended to read:
84.3289.17 LEASES AND PERMITS.
85.1(a) Notwithstanding the permit procedures of chapter 90, the commissioner shall
85.2have power to grant and execute, in the name of the state, leases and permits for the use of
85.3any forest lands under the authority of the commissioner for any purpose which in the
85.4commissioner's opinion is not inconsistent with the maintenance and management of the
85.5forest lands, on forestry principles for timber production. Every such lease or permit shall
85.6be revocable at the discretion of the commissioner at any time subject to such conditions
85.7as may be agreed on in the lease. The approval of the commissioner of administration
85.8shall not be required upon any such lease or permit. No such lease or permit for a period
85.9exceeding 21 years shall be granted except with the approval of the Executive Council.
85.10(b) Public access to the leased land for outdoor recreation shall be the same as
85.11access would be under state management.
85.12(c)
The commissioner shall, by written order, establish the schedule of application
85.13fees for all leases issued under this section. Notwithstanding section 16A.1285, subdivision
85.142, the application fees shall be set at a rate that neither significantly overrecovers nor
85.15underrecovers costs, including overhead costs, involved in providing the services at the
85.16time of issuing the leases. The commissioner shall update the schedule of application fees
85.17every five years. The schedule of application fees and any adjustment to the schedule are
85.18not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
85.19(d) Money received under paragraph (c) must be deposited in the land management
85.20account in the natural resources fund and is appropriated to the commissioner to cover the
85.21reasonable costs incurred for issuing leases.
85.22(e) Notwithstanding section
16A.125, subdivision 5, after deducting the
reasonable
85.23costs incurred for preparing and issuing the lease application fee paid according to
85.24paragraph (c), all remaining proceeds from the leasing of school trust land and university
85.25land for roads on forest lands must be deposited into the respective permanent fund for
85.26the lands.
85.27 Sec. 28. Minnesota Statutes 2012, section 90.01, subdivision 4, is amended to read:
85.28 Subd. 4.
Scaler. "Scaler" means a qualified bonded person designated by the
85.29commissioner to measure
timber and cut forest products.
85.30 Sec. 29. Minnesota Statutes 2012, section 90.01, subdivision 5, is amended to read:
85.31 Subd. 5.
State appraiser. "State appraiser" means an employee of the department
85.32designated by the commissioner to appraise state lands
, which includes, but is not limited
85.33to, timber and other forest resource products, for volume, quality, and value.
86.1 Sec. 30. Minnesota Statutes 2012, section 90.01, subdivision 6, is amended to read:
86.2 Subd. 6.
Timber. "Timber" means trees
, shrubs, or woody plants, that will produce
86.3forest products of value whether standing or down, and including but not limited to logs,
86.4sawlogs, posts, poles, bolts, pulpwood, cordwood,
fuelwood, woody biomass, lumber
,
86.5 and
woody decorative material.
86.6 Sec. 31. Minnesota Statutes 2012, section 90.01, subdivision 8, is amended to read:
86.7 Subd. 8.
Permit holder. "Permit holder" means the person
holding who is the
86.8signatory of a permit to cut timber on state lands.
86.9 Sec. 32. Minnesota Statutes 2012, section 90.01, subdivision 11, is amended to read:
86.10 Subd. 11.
Effective permit. "Effective permit" means a permit for which the
86.11commissioner has on file full or partial
surety security as required by section
90.161, or
86.12
90.162,
90.163, or
90.173 or, in the case of permits issued according to section
90.191 or
86.1390.195
, the commissioner has received a down payment equal to the full appraised value.
86.14 Sec. 33. Minnesota Statutes 2012, section 90.031, subdivision 4, is amended to read:
86.15 Subd. 4.
Timber rules. The Executive Council may formulate and establish, from
86.16time to time, rules it deems advisable for the transaction of timber business of the state,
86.17including approval of the sale of timber on any tract in a lot exceeding
6,000 12,000 cords
86.18in volume when the sale is in the best interests of the state, and may abrogate, modify,
86.19or suspend rules at its pleasure.
86.20 Sec. 34. Minnesota Statutes 2012, section 90.041, subdivision 2, is amended to read:
86.21 Subd. 2.
Trespass on state lands. The commissioner may compromise and settle,
86.22with
the approval of notification to the attorney general, upon terms the commissioner
86.23deems just, any claim of the state for casual and involuntary trespass upon state lands or
86.24timber; provided that no claim shall be settled for less than the full value of all timber
86.25or other materials taken in casual trespass or the full amount of all actual damage or
86.26loss suffered by the state as a result.
Upon request, the commissioner shall advise the
86.27Executive Council of any information acquired by the commissioner concerning any
86.28trespass on state lands, giving all details and names of witnesses and all compromises and
86.29settlements made under this subdivision.
86.30 Sec. 35. Minnesota Statutes 2012, section 90.041, subdivision 5, is amended to read:
87.1 Subd. 5.
Forest improvement contracts. The commissioner may contract as part
87.2of the timber sale with the purchaser of state timber at either informal or auction sale
87.3for
the following forest improvement work to be done on the land included within the
87.4sale area
:. Forest improvement work may include activities relating to preparation of
87.5the site for seeding or planting of seedlings or trees, seeding or planting of seedlings or
87.6trees, and other activities
relating related to forest regeneration
or deemed necessary by
87.7the commissioner to accomplish forest management objectives, including those related
87.8to water quality protection, trail development, and wildlife habitat enhancement. A
87.9contract issued under this subdivision is not subject to the competitive bidding provisions
87.10of chapter 16C and is exempt from the contract approval provisions of section
16C.05,
87.11subdivision 2
.
The bid value received in the sale of the timber and the contract bid
87.12cost of the improvement work may be combined and the total value may be considered
87.13by the commissioner in awarding forest improvement contracts under this section.
87.14The commissioner may refuse to accept any and all bids received and cancel a forest
87.15improvement contract sale for good and sufficient reasons.
87.16 Sec. 36. Minnesota Statutes 2012, section 90.041, subdivision 6, is amended to read:
87.17 Subd. 6.
Sale of damaged timber. The commissioner may sell at public auction
87.18timber that has been damaged by fire, windstorm, flood,
insect, disease, or other natural
87.19cause on notice that the commissioner considers reasonable when there is a high risk that
87.20the salvage value of the timber would be lost.
87.21 Sec. 37. Minnesota Statutes 2012, section 90.041, subdivision 9, is amended to read:
87.22 Subd. 9.
Reoffering unsold timber. To maintain and enhance forest ecosystems on
87.23state forest lands, The commissioner may reoffer timber tracts remaining unsold under the
87.24provisions of section
90.101 below appraised value at public auction with the required
87.2530-day notice under section
90.101, subdivision 2.
87.26 Sec. 38. Minnesota Statutes 2012, section 90.041, is amended by adding a subdivision
87.27to read:
87.28 Subd. 10. Fees. (a) The commissioner may establish a fee schedule that covers the
87.29commissioner's cost of issuing, administering, and processing various permits, permit
87.30modifications, transfers, assignments, amendments, and other transactions necessary to the
87.31administration of activities under this chapter.
88.1(b) A fee established under this subdivision is not subject to the rulemaking
88.2provisions of chapter 14 and section 14.386 does not apply. The commissioner may
88.3establish fees under this subdivision notwithstanding section 16A.1283.
88.4 Sec. 39. Minnesota Statutes 2012, section 90.041, is amended by adding a subdivision
88.5to read:
88.6 Subd. 11. Debarment. The commissioner may debar a permit holder if the holder
88.7is convicted in Minnesota at the gross misdemeanor or felony level of criminal willful
88.8trespass, theft, fraud, or antitrust violation involving state, federal, county, or privately
88.9owned timber in Minnesota or convicted in any other state involving similar offenses and
88.10penalties for timber owned in that state. The commissioner shall cancel and repossess the
88.11permit directly involved in the prosecution of the crime. The commissioner shall cancel
88.12and repossess all other state timber permits held by the permit holder after taking from
88.13all security deposits money to which the state is entitled. The commissioner shall return
88.14the remainder of the security deposits, if any, to the permit holder. The debarred permit
88.15holder is prohibited from bidding, possessing, or being employed on any state timber
88.16permit during the period of debarment. The period of debarment is not less than one year
88.17or greater than three years. The duration of the debarment is based on the severity of the
88.18violation, past history of compliance with timber permits, and the amount of loss incurred
88.19by the state arising from violations of timber permits.
88.20 Sec. 40. Minnesota Statutes 2012, section 90.045, is amended to read:
88.2190.045 APPRAISAL STANDARDS.
88.22By July 1, 1983, the commissioner shall establish specific timber appraisal standards
88.23according to which all timber appraisals will be conducted under this chapter. The
88.24standards shall include a specification of the maximum allowable appraisal sampling error,
88.25and including the procedures for tree defect allowance, tract area estimation, product
88.26volume estimation, and product value determination. The timber appraisal standards shall
88.27be included in each edition of the timber sales manual published by the commissioner. In
88.28addition to the duties pursuant to section
90.061, every state appraiser shall work within
88.29the guidelines of the timber appraisal standards. The standards shall not be subject to
88.30the rulemaking provisions of chapter 14.
88.31 Sec. 41. Minnesota Statutes 2012, section 90.061, subdivision 8, is amended to read:
88.32 Subd. 8.
Appraiser authority; form of documents. State appraisers are
88.33empowered, with the consent of the commissioner, to perform any scaling, and generally
89.1to supervise the cutting and removal of timber
and forest products on or from state lands
89.2so far as may be reasonably necessary to insure compliance with the terms of the permits
89.3or other contracts governing the same and protect the state from loss.
89.4The form of appraisal reports, records, and notes to be kept by state appraisers
89.5shall be as the commissioner prescribes.
89.6 Sec. 42. Minnesota Statutes 2012, section 90.101, subdivision 1, is amended to read:
89.7 Subdivision 1.
Sale requirements. The commissioner may sell the timber on any
89.8tract of state land and may determine the number of sections or fractional sections of land
89.9to be included in the permit area covered by any one permit issued to the purchaser of
89.10timber on state lands, or in any one contract or other instrument relating thereto. No
89.11timber shall be sold, except (1) to the highest responsible bidder at public auction, or
89.12(2) if unsold at public auction
, the commissioner may offer the timber for private sale
89.13for a period of no more than
six months one year after the public auction to any
person
89.14 responsible bidder who pays the appraised value for the timber. The minimum price shall
89.15be the appraised value as fixed by the report of the state appraiser. Sales may include tracts
89.16in more than one contiguous county or forestry administrative area and shall be held either
89.17in the county or forestry administrative area in which the tract is located or in an adjacent
89.18county or forestry administrative area that is nearest the tract offered for sale or that is
89.19most accessible to potential bidders. In adjoining counties or forestry administrative areas,
89.20sales may not be held less than two hours apart.
89.21 Sec. 43. Minnesota Statutes 2012, section 90.121, is amended to read:
89.2290.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000
89.23CORDS.
89.24(a) The commissioner may sell the timber on any tract of state land in lots not
89.25exceeding 3,000 cords in volume, in the same manner as timber sold at public auction under
89.26section
90.101, and related laws, subject to the following special exceptions and limitations:
89.27(1) the commissioner shall offer all tracts authorized for sale by this section
89.28separately from the sale of tracts of state timber made pursuant to section
90.101;
89.29(2) no bidder may be awarded more than 25 percent of the total tracts offered at the
89.30first round of bidding unless fewer than four tracts are offered, in which case not more than
89.31one tract shall be awarded to one bidder. Any tract not sold at public auction may be offered
89.32for private sale as authorized by section
90.101, subdivision 1,
30 days after the auction to
89.33persons responsible bidders eligible under this section at the appraised value; and
90.1(3) no sale may be made to a
person responsible bidder having more than 30
90.2employees. For the purposes of this clause, "employee" means an individual working in
90.3the timber or wood products industry for salary or wages on a full-time or part-time basis.
90.4(b) The auction sale procedure set forth in this section constitutes an additional
90.5alternative timber sale procedure available to the commissioner and is not intended to
90.6replace other authority possessed by the commissioner to sell timber in lots of 3,000
90.7cords or less.
90.8(c) Another bidder or the commissioner may request that the number of employees a
90.9bidder has pursuant to paragraph (a), clause (3), be confirmed
by signed affidavit if there is
90.10evidence that the bidder may be ineligible due to exceeding the employee threshold. The
90.11commissioner shall request information from the commissioners of labor and industry and
90.12employment and economic development including the premiums paid by the bidder in
90.13question for workers' compensation insurance coverage for all employees of the bidder.
90.14The commissioner shall review the information submitted by the commissioners of labor
90.15and industry and employment and economic development and make a determination based
90.16on that information as to whether the bidder is eligible. A bidder is considered eligible and
90.17may participate in intermediate auctions until determined ineligible under this paragraph.
90.18 Sec. 44. Minnesota Statutes 2012, section 90.145, is amended to read:
90.1990.145 PURCHASER QUALIFICATIONS AND, REGISTRATION, AND
90.20REQUIREMENTS.
90.21 Subdivision 1.
Purchaser qualifications requirements. (a) In addition to any other
90.22requirements imposed by this chapter, the purchaser of a state timber permit issued under
90.23section
90.151 must meet the requirements in paragraphs (b) to
(d) (e).
90.24(b) The purchaser
and or the purchaser's agents, employees, subcontractors, and
90.25assigns
conducting logging operations on the timber permit must comply with general
90.26industry safety standards for logging adopted by the commissioner of labor and industry
90.27under chapter 182. The commissioner of natural resources
shall may require a purchaser
90.28to provide proof of compliance with the general industry safety standards.
90.29(c) The purchaser
and or the purchaser's agents, subcontractors, and assigns
90.30conducting logging operations on the timber permit must comply with the mandatory
90.31insurance requirements of chapter 176. The commissioner
shall may require a purchaser
90.32to provide a copy of the proof of insurance required by section
176.130 before the start of
90.33harvesting operations on any permit.
90.34(d) Before the start of harvesting operations on any permit, the purchaser must certify
90.35that a foreperson or other designated employee who has a current certificate of completion
,
91.1 which includes instruction in site-level forest management guidelines or best management
91.2practices, from the Minnesota Logger Education Program (MLEP), the Wisconsin Forest
91.3Industry Safety and Training Alliance (FISTA), or any similar
continuous education
91.4program acceptable to the commissioner, is supervising active logging operations.
91.5(e) The purchaser and the purchaser's agents, employees, subcontractors, and assigns
91.6who will be involved with logging or scaling state timber must be in compliance with
91.7this chapter.
91.8 Subd. 2.
Purchaser preregistration registration. To facilitate the sale of permits
91.9issued under section
90.151, the commissioner may establish a
purchaser preregistration
91.10 registration system
to verify the qualifications of a person as a responsible bidder to
91.11purchase a timber permit. Any system implemented by the commissioner shall be limited
91.12in scope to only that information that is required for the efficient administration of the
91.13purchaser qualification
provisions requirements of this chapter
and shall conform with the
91.14requirements of chapter 13. The registration system established under this subdivision is
91.15not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
91.16 Sec. 45. Minnesota Statutes 2012, section 90.151, subdivision 1, is amended to read:
91.17 Subdivision 1.
Issuance; expiration. (a) Following receipt of the down payment
91.18for state timber required under section
90.14 or
90.191, the commissioner shall issue a
91.19numbered permit to the purchaser, in a form approved by the attorney general, by the
91.20terms of which the purchaser shall be authorized to enter upon the land, and to cut and
91.21remove the timber therein described as designated for cutting in the report of the state
91.22appraiser, according to the provisions of this chapter. The permit shall be correctly
91.23dated and executed by the commissioner and signed by the purchaser. If a permit is not
91.24signed by the purchaser within
60 45 days from the date of purchase, the permit cancels
91.25and the down payment for timber required under section
90.14 forfeits to the state. The
91.26commissioner may grant an additional period for the purchaser to sign the permit, not to
91.27exceed
five ten business days, provided the purchaser pays a
$125 $200 penalty fee.
91.28 (b) The permit shall expire no later than five years after the date of sale as the
91.29commissioner shall specify or as specified under section
90.191, and the timber shall
91.30be cut
and removed within the time specified therein.
All cut timber, equipment, and
91.31buildings not removed from the land within 90 days after expiration of the permit shall
91.32become the property of the state. If additional time is needed, the permit holder must
91.33request, prior to the expiration date, and may be granted, for good and sufficient reasons,
91.34up to 90 additional days for the completion of skidding, hauling, and removing all
92.1equipment and buildings. All cut timber, equipment, and buildings not removed from the
92.2land after expiration of the permit becomes the property of the state.
92.3 (c) The commissioner may grant an additional period of time not to exceed
120 240
92.4 days for the removal of cut timber, equipment, and buildings upon receipt of
such a written
92.5 request by the permit holder for good and sufficient reasons.
The commissioner may grant
92.6a second period of time not to exceed 120 days for the removal of cut timber, equipment,
92.7and buildings upon receipt of a request by the permit holder for hardship reasons only.
92.8 The permit holder may combine in the written request under this paragraph the request
92.9for additional time under paragraph (b).
92.10 Sec. 46. Minnesota Statutes 2012, section 90.151, subdivision 2, is amended to read:
92.11 Subd. 2.
Permit requirements. The permit shall state the amount of timber
92.12estimated for cutting on the land, the estimated value thereof, and the price at which it is
92.13sold
in units of per thousand feet, per cord, per piece,
per ton, or by whatever description
92.14sold, and shall specify that all landings of cut products shall be legibly marked with the
92.15assigned permit number. The permit shall provide for the continuous identification
92.16and control of the cut timber from the time of cutting until delivery to the consumer.
92.17The permit shall provide that failure to continuously identify the timber as specified in
92.18the permit constitutes trespass.
92.19 Sec. 47. Minnesota Statutes 2012, section 90.151, subdivision 3, is amended to read:
92.20 Subd. 3.
Security provisions. The permit shall contain such provisions as may be
92.21necessary to secure to the state the title of all timber cut thereunder wherever found until
92.22full payment therefor and until all provisions of the permit have been fully complied
92.23with. The permit shall provide that from the date
the same becomes effective cutting
92.24commences until the expiration
thereof of the permit, including all extensions, the
92.25purchaser and successors in interest shall be liable to the state for the full permit price of
92.26all timber covered thereby, notwithstanding any subsequent damage or injury thereto or
92.27trespass thereon or theft thereof, and without prejudice to the right of the state to pursue
92.28such timber and recover the value thereof anywhere prior to the payment therefor in full to
92.29the state.
If an effective permit is forfeited prior to any cutting activity, the purchaser is
92.30liable to the state for a sum equal to the down payment and bid guarantee. Upon recovery
92.31from any person other than the permit holder, the permit holder shall be deemed released
92.32to the extent of the net amount, after deducting all expenses of collecting same, recovered
92.33by the state from such other person.
93.1 Sec. 48. Minnesota Statutes 2012, section 90.151, subdivision 4, is amended to read:
93.2 Subd. 4.
Permit terms. Once a permit becomes effective and cutting commences,
93.3the permit holder is liable to the state for the permit price for all timber required to be cut,
93.4including timber not cut. The permit shall provide that all timber sold or designated for
93.5cutting shall be cut
without in such a manner so as not to cause damage to other timber;
93.6that the permit holder shall remove all timber authorized
and designated to be cut under
93.7the permit; that timber sold by
board measure
identified in the permit, but later determined
93.8by the commissioner not to be convertible into
board the permit's measure
, shall be paid
93.9for by the piece or cord or other unit of measure according to the size, species, or value, as
93.10may be determined by the commissioner;
and that all timber products, except as specified
93.11by the commissioner, shall be scaled and the final settlement for the timber cut shall be
93.12made on this scale
; and that the permit holder shall pay to the state the permit price for
93.13all timber authorized to be cut, including timber not cut.
93.14 Sec. 49. Minnesota Statutes 2012, section 90.151, subdivision 6, is amended to read:
93.15 Subd. 6.
Notice and approval required. The permit shall provide that the permit
93.16holder shall not start cutting any state timber nor clear
building sites landings nor logging
93.17roads until the commissioner has been notified and has given prior approval to such
93.18cutting operations. Approval shall not be granted until the permit holder has completed
93.19a presale conference with the state appraiser designated to supervise the cutting. The
93.20permit holder shall also give prior notice whenever permit operations are to be temporarily
93.21halted, whenever permit operations are to be resumed, and when permit operations are to
93.22be completed.
93.23 Sec. 50. Minnesota Statutes 2012, section 90.151, subdivision 7, is amended to read:
93.24 Subd. 7.
Liability for timber cut in trespass. The permit shall provide that the
93.25permit holder shall pay the permit price value for any timber sold which is negligently
93.26destroyed or damaged by the permit holder in cutting or removing other timber sold. If the
93.27permit holder shall cut or remove or negligently destroy or damage any timber upon the
93.28land described, not sold under the permit, except such timber as it may be necessary to cut
93.29and remove in the construction of necessary logging roads and landings approved as to
93.30location and route by the commissioner, such timber shall be deemed to have been cut in
93.31trespass. The permit holder shall be liable for any such timber and recourse may be had
93.32upon the
bond security deposit.
93.33 Sec. 51. Minnesota Statutes 2012, section 90.151, subdivision 8, is amended to read:
94.1 Subd. 8.
Suspension; cancellation. The permit shall provide that the commissioner
94.2shall have the power to order suspension of all operations under the permit when
in the
94.3commissioner's judgment the conditions thereof have not been complied with and any
94.4timber cut or removed during such suspension shall be deemed to have been cut in trespass;
94.5that the commissioner may cancel the permit at any time
when in the commissioner's
94.6judgment the conditions thereof have not been complied with due to a breach of the permit
94.7conditions and such cancellation shall constitute repossession of the timber by the state;
94.8that the permit holder shall remove equipment and buildings from such land within 90 days
94.9after such cancellation; that, if the purchaser at any time fails to pay any obligations to the
94.10state under any other permits, any or all permits may be canceled; and that any timber
cut
94.11or removed in violation of the terms of the permit or of any law shall constitute trespass.
94.12 Sec. 52. Minnesota Statutes 2012, section 90.151, subdivision 9, is amended to read:
94.13 Subd. 9.
Slashings disposal. The permit shall provide that the permit holder shall
94.14burn or otherwise dispose of
or treat all slashings or other refuse resulting from cutting
94.15operations
, as specified in the permit, in the manner now or hereafter provided by law.
94.16 Sec. 53. Minnesota Statutes 2012, section 90.161, is amended to read:
94.1790.161 SURETY BONDS FOR AUCTION SECURITY DEPOSITS
94.18REQUIRED FOR EFFECTIVE TIMBER PERMITS.
94.19 Subdivision 1.
Bond Security deposit required. (a) Except as otherwise provided
94.20by law, the purchaser of any state timber, before any timber permit becomes effective for
94.21any purpose, shall give
a good and valid
bond security in the form of cash; a certified
94.22check; a cashier's check; a postal, bank, or express money order; a corporate surety bond;
94.23or an irrevocable bank letter of credit to the state of Minnesota equal to the value of all
94.24timber covered or to be covered by the permit, as shown by the sale price bid and the
94.25appraisal report as to quantity, less the amount of any payments pursuant to
sections
94.26 section
90.14 and
90.163.
94.27(b) The
bond security deposit shall be conditioned upon the faithful performance
94.28by the purchaser and successors in interest of all terms and conditions of the permit and
94.29all requirements of law in respect to timber sales. The
bond security deposit shall be
94.30approved in writing by the commissioner and filed for record in the commissioner's office.
94.31(c) In the alternative to cash and bond requirements, but upon the same conditions,
94.32 A purchaser may post bond for 100 percent of the purchase price and request refund of the
94.33amount of any payments pursuant to
sections section
90.14 and
90.163. The commissioner
94.34may credit the refund to any other permit held by the same permit holder if the permit is
95.1delinquent as provided in section
90.181, subdivision 2, or may credit the refund to any
95.2other permit to which the permit holder requests that it be credited.
95.3(d) In the event of a default, the commissioner may take from the deposit the sum of
95.4money to which the state is entitled. The commissioner shall return the remainder of the
95.5deposit, if any, to the person making the deposit. When cash is deposited as security, it
95.6shall be applied to the amount due when a statement is prepared and transmitted to the
95.7permit holder according to section 90.181. Any balance due to the state shall be shown on
95.8the statement and shall be paid as provided in section 90.181. Any amount of the deposit
95.9in excess of the amount determined to be due according to section 90.181 shall be returned
95.10to the permit holder when a final statement is transmitted under section 90.181. All or
95.11part of a cash deposit may be withheld from application to an amount due on a nonfinal
95.12statement if it appears that the total amount due on the permit will exceed the bid price.
95.13(e) If an irrevocable bank letter of credit is provided as security under paragraph
95.14(a), at the written request of the permittee, the commissioner shall annually allow the
95.15amount of the bank letter of credit to be reduced by an amount proportionate to the value
95.16of timber that has been harvested and for which the state has received payment under the
95.17timber permit. The remaining amount of the bank letter of credit after a reduction under
95.18this paragraph must not be less than the value of the timber remaining to be harvested
95.19under the timber permit.
95.20(f) If cash; a certified check; a cashier's check; a personal check; or a postal, bank, or
95.21express money order is provided as security under paragraph (a) and no cutting of state
95.22timber has taken place on the permit, the commissioner may credit the security provided,
95.23less any deposit required under section 90.14, to any other permit to which the permit
95.24holder requests in writing that it be credited.
95.25 Subd. 2.
Failure to bond provide security deposit. If
bond the security deposit is
95.26not furnished, no harvesting may occur and
the down payment for timber 15 percent of the
95.27permit's purchase price shall forfeit to the state
when the permit expires.
95.28 Subd. 3.
Subrogation. In case of default When security is provided by surety
95.29bond and the permit holder defaults in payment
by the permit holder, the surety upon the
95.30bond shall make payment in full to the state of all sums of money due under such permit;
95.31and thereupon such surety shall be deemed immediately subrogated to all the rights of
95.32the state in the timber so paid for; and such subrogated party may pursue the timber and
95.33recover therefor, or have any other appropriate relief in relation thereto which the state
95.34might or could have had if such surety had not made such payment. No assignment or
95.35other writing on the part of the state shall be necessary to make such subrogation effective,
95.36but the certificate signed by and bearing the official seal of the commissioner, showing the
96.1amount of such timber, the lands from which it was cut or upon which it stood, and the
96.2amount paid therefor, shall be prima facie evidence of such facts.
96.3 Subd. 4.
Change of security. Prior to any
harvest cutting activity, or activities
96.4incidental to the preparation for harvest, a purchaser having posted a
bond security deposit
96.5 for 100 percent of the purchase price of a sale may request the release of the
bond security
96.6 and the commissioner shall grant the release
upon cash payment to the commissioner of
96.715 percent of the appraised value of the sale, plus eight percent interest on the appraised
96.8value of the sale from the date of purchase to the date of release while retaining, or upon
96.9repayment of, the permit's down payment and bid guarantee deposit requirement.
96.10 Subd. 5. Return of security. Any security required under this section shall be
96.11returned to the purchaser within 60 days after the final scale.
96.12 Sec. 54. Minnesota Statutes 2012, section 90.162, is amended to read:
96.1390.162 ALTERNATIVE TO BOND OR DEPOSIT REQUIREMENTS
96.14 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.
96.15In lieu of the
bond or cash security deposit equal to the value of all timber covered
96.16by the permit required by section
90.161 or
90.173, a purchaser of state timber may elect
96.17in writing on a form prescribed by the attorney general to give good and valid surety to the
96.18state of Minnesota equal to the purchase price for any designated cutting block identified
96.19on the permit before the date the purchaser enters upon the land to begin harvesting the
96.20timber on the designated cutting block.
96.21 Sec. 55.
[90.164] TIMBER PERMIT DEVELOPMENT OPTION.
96.22With the completion of the presale conference requirement under section 90.151,
96.23subdivision 6, a permit holder may access the permit area in advance of the permit being
96.24fully secured as required by section 90.161, for the express purpose of clearing approved
96.25landings and logging roads. No cutting of state timber except that incidental to the clearing
96.26of approved landings and logging roads is allowed under this section.
96.27 Sec. 56. Minnesota Statutes 2012, section 90.171, is amended to read:
96.2890.171 ASSIGNMENT OF AUCTION TIMBER PERMITS.
96.29Any permit sold at public auction may be assigned upon written approval of the
96.30commissioner. The assignment of any permit shall be signed and acknowledged by the
96.31permit holder. The commissioner shall not approve any assignment until the assignee has
96.32been determined to meet the qualifications of a responsible bidder and has given to the state
96.33a
bond security deposit which shall be substantially in the form of, and shall be deemed
97.1of the same effect as, the
bond security deposit required of the original purchaser. The
97.2commissioner may accept
the an agreement of the assignee and any corporate surety upon
97.3such an original bond, substituting the assignee in the place of
such the original purchaser
97.4and continuing
such the original bond in full force and effect, as to the assignee. Thereupon
97.5but not otherwise the permit holder making the assignment shall be released from all
97.6liability arising or accruing from actions taken after the assignment became effective.
97.7 Sec. 57. Minnesota Statutes 2012, section 90.181, subdivision 2, is amended to read:
97.8 Subd. 2.
Deferred payments. (a) If the amount of the statement is not paid within
97.930 days of the date thereof, it shall bear interest at the rate determined pursuant to section
97.1016A.124
, except that the purchaser shall not be required to pay interest that totals $1 or
97.11less. If the amount is not paid within 60 days, the commissioner shall place the account in
97.12the hands of the commissioner of revenue according to chapter 16D, who shall proceed to
97.13collect the same. When deemed in the best interests of the state, the commissioner shall
97.14take possession of the timber for which an amount is due wherever it may be found and
97.15sell the same informally or at public auction after giving reasonable notice.
97.16(b) The proceeds of the sale shall be applied, first, to the payment of the expenses
97.17of seizure and sale; and, second, to the payment of the amount due for the timber, with
97.18interest; and the surplus, if any, shall belong to the state; and, in case a sufficient amount is
97.19not realized to pay these amounts in full, the balance shall be collected by the attorney
97.20general. Neither payment of the amount, nor the recovery of judgment therefor, nor
97.21satisfaction of the judgment, nor the seizure and sale of timber, shall release the sureties
97.22on any
bond security deposit given pursuant to this chapter, or preclude the state from
97.23afterwards claiming that the timber was cut or removed contrary to law and recovering
97.24damages for the trespass thereby committed, or from prosecuting the offender criminally.
97.25 Sec. 58. Minnesota Statutes 2012, section 90.191, subdivision 1, is amended to read:
97.26 Subdivision 1.
Sale requirements. The commissioner may sell the timber on any
97.27tract of state land in lots not exceeding 500 cords in volume, without formalities but for
97.28not less than the full appraised value thereof, to any person. No sale shall be made under
97.29this section to any person holding
two more than four permits issued hereunder which are
97.30still in effect
;. except that (1) a partnership as defined in chapter 323, which may include
97.31spouses but which shall provide evidence that a partnership exists, may be holding two
97.32permits for each of not more than three partners who are actively engaged in the business
97.33of logging or who are the spouses of persons who are actively engaged in the business of
97.34logging with that partnership; and (2) a corporation, a majority of whose shares and voting
98.1power are owned by natural persons related to each other within the fourth degree of
98.2kindred according to the rules of the civil law or their spouses or estates, may be holding
98.3two permits for each of not more than three shareholders who are actively engaged in the
98.4business of logging or who are the spouses of persons who are actively engaged in the
98.5business of logging with that corporation.
98.6 Sec. 59. Minnesota Statutes 2012, section 90.193, is amended to read:
98.790.193 EXTENSION OF TIMBER PERMITS.
98.8The commissioner may, in the case of an exceptional circumstance beyond the
98.9control of the timber permit holder which makes it unreasonable, impractical, and not
98.10feasible to complete cutting and removal under the permit within the time allowed, grant
98.11an one regular extension
of for one year. A
written request for the
regular extension must
98.12be received by the commissioner before the permit expires. The request must state the
98.13reason the extension is necessary and be signed by the permit holder. An interest rate of
98.14eight percent may be charged for the period of extension.
98.15 Sec. 60. Minnesota Statutes 2012, section 90.195, is amended to read:
98.1690.195 SPECIAL USE AND PRODUCT PERMIT.
98.17(a) The commissioner may issue a permit to salvage or cut not to exceed 12 cords of
98.18fuelwood per year for personal use from either or both of the following sources: (1) dead,
98.19down, and
diseased damaged trees; (2) other trees that are of negative value under good
98.20forest management practices. The permits may be issued for a period not to exceed one
98.21year. The commissioner shall charge a fee for the permit
that shall cover the commissioner's
98.22cost of issuing the permit and as provided under section 90.041, subdivision 10. The fee
98.23 shall not exceed the current market value of fuelwood of similar species, grade, and volume
98.24that is being sold in the area where the salvage or cutting is authorized under the permit.
98.25(b) The commissioner may issue a special product permit under section 89.42 for
98.26commercial use, which may include incidental volumes of boughs, gravel, hay, biomass,
98.27and other products derived from forest management activities. The value of the products
98.28is the current market value of the products that are being sold in the area. The permit may
98.29be issued for a period not to exceed one year and the commissioner shall charge a fee for
98.30the permit as provided under section 90.041, subdivision 10.
98.31(c) The commissioner may issue a special use permit for incidental volumes of
98.32timber from approved right-of-way road clearing across state land for the purpose of
98.33accessing a state timber permit. The permit shall include the volume and value of timber
98.34to be cleared and may be issued for a period not to exceed one year. A presale conference
99.1as required under section 90.151, subdivision 6, must be completed before the start of
99.2any activities under the permit.
99.3 Sec. 61. Minnesota Statutes 2012, section 90.201, subdivision 2a, is amended to read:
99.4 Subd. 2a.
Prompt payment of refunds. Any refund of cash that is due to a permit
99.5holder as determined on a final statement transmitted pursuant to section
90.181 or a
99.6refund of cash made pursuant to section
90.161, subdivision 1,
or
90.173, paragraph
99.7(a)
, shall be paid to the permit holder according to section
16A.124 unless the refund is
99.8credited on another permit as provided in this chapter.
99.9 Sec. 62. Minnesota Statutes 2012, section 90.211, is amended to read:
99.1090.211 PURCHASE MONEY, WHEN FORFEITED.
99.11If the holder of an effective permit
begins to cut and then fails to
cut complete any
99.12part
thereof of the permit before the expiration of the permit, the permit holder shall
99.13nevertheless pay the price therefor; but under no circumstances shall timber be cut after
99.14the expiration of the permit or extension thereof.
99.15 Sec. 63. Minnesota Statutes 2012, section 90.221, is amended to read:
99.1690.221 TIMBER SALES RECORDS.
99.17The commissioner shall keep timber sales records, including the description of each
99.18tract of land from which any timber is sold; the date of the report of the state appraisers;
99.19the kind, amount, and value of the timber as shown by such report; the date of the sale;
99.20the price for which the timber was sold; the name of the purchaser; the number, date
99.21of issuance and date of expiration of each permit; the date of any assignment of the
99.22permit; the name of the assignee; the dates of the filing and the amounts of the respective
99.23bonds security deposits by the purchaser and assignee; the names of the sureties thereon;
99.24the amount of timber taken from the land; the date of the report of the scaler and state
99.25appraiser; the names of the scaler and the state appraiser who scaled the timber; and the
99.26amount paid for such timber and the date of payment.
99.27 Sec. 64. Minnesota Statutes 2012, section 90.252, subdivision 1, is amended to read:
99.28 Subdivision 1.
Consumer scaling. The commissioner may enter into an agreement
99.29with either a timber sale permittee, or the purchaser of the cut products, or both, so
99.30that the scaling of the cut timber and the collection of the payment for the same can be
99.31consummated by the
consumer state. Such an agreement shall be approved as to form and
99.32content by the attorney general and shall provide for a bond or cash in lieu of a bond and
100.1such other safeguards as are necessary to protect the interests of the state. The scaling
100.2and payment collection procedure may be used for any state timber sale, except that no
100.3permittee who is also the consumer shall both cut and scale the timber sold unless such
100.4scaling is supervised by a state scaler.
100.5 Sec. 65. Minnesota Statutes 2012, section 90.301, subdivision 2, is amended to read:
100.6 Subd. 2.
Seizure of unlawfully cut timber. The commissioner may take possession
100.7of any timber hereafter unlawfully cut upon or taken from any land owned by the state
100.8wherever found and may sell the same informally or at public auction after giving such
100.9notice as the commissioner deems reasonable and after deducting all the expenses of such
100.10sale the proceeds thereof shall be paid into the state treasury to the credit of the proper
100.11fund; and when any timber so unlawfully cut has been intermingled with any other timber
100.12or property so that it cannot be identified or plainly separated therefrom the commissioner
100.13may so seize and sell the whole quantity so intermingled and, in such case, the whole
100.14quantity of such timber shall be conclusively presumed to have been unlawfully taken
100.15from state land. When the timber unlawfully cut or removed from state land is so seized
100.16and sold
, the seizure shall not in any manner relieve the trespasser who cut or removed, or
100.17caused the cutting or removal of, any such timber from the full liability imposed by this
100.18chapter for the trespass so committed, but the net amount realized from such sale shall
100.19be credited on whatever judgment is recovered against such trespasser
, if the trespass
100.20was deemed to be casual and involuntary.
100.21 Sec. 66. Minnesota Statutes 2012, section 90.301, subdivision 4, is amended to read:
100.22 Subd. 4.
Apprehension of trespassers; reward. The commissioner may offer a
100.23reward to be paid to a person giving to the proper authorities any information that leads to
100.24the conviction of a person violating this chapter. The reward is limited to the greater of
100.25$100 or ten percent of the single stumpage value of any timber unlawfully cut or removed.
100.26The commissioner shall pay the reward from funds appropriated for that purpose or from
100.27receipts from the sale of state timber. A reward shall not be paid to salaried forest officers,
100.28state appraisers, scalers, conservation officers, or licensed peace officers.
100.29 Sec. 67. Minnesota Statutes 2012, section 90.41, subdivision 1, is amended to read:
100.30 Subdivision 1.
Violations and penalty. (a) Any state scaler or state appraiser who
100.31shall accept any compensation or gratuity for services as such from any other source
100.32except the state of Minnesota, or any state scaler, or other person authorized to scale state
100.33timber, or state appraiser, who shall make any false report, or insert in any such report any
101.1false statement, or shall make any such report without having examined the land embraced
101.2therein or without having actually been upon the land, or omit from any such report any
101.3statement required by law to be made therein, or who shall fail to report any known trespass
101.4committed upon state lands, or who shall conspire with any other person in any manner, by
101.5act or omission or otherwise, to defraud or unlawfully deprive the state of Minnesota of any
101.6land or timber, or the value thereof, shall be guilty of a felony. Any material discrepancy
101.7between the facts and the scale returned by any such person scaling timber for the state
101.8shall be considered prima facie evidence that such person is guilty of violating this statute.
101.9(b) No such appraiser or scaler who has been once discharged for cause shall ever
101.10again be appointed. This provision shall not apply to resignations voluntarily made by and
101.11accepted from such employees.
101.12 Sec. 68. Minnesota Statutes 2012, section 92.50, is amended to read:
101.1392.50 UNSOLD LANDS SUBJECT TO SALE MAY BE LEASED.
101.14 Subdivision 1.
Lease terms. (a) The commissioner of natural resources may lease
101.15land under the commissioner's jurisdiction and control:
101.16(1) to remove sand, gravel, clay, rock, marl, peat, and black dirt;
101.17(2) to store ore, waste materials from mines, or rock and tailings from ore milling
101.18plants;
101.19(3) for roads or railroads; or
101.20(4) for other uses consistent with the interests of the state.
101.21(b) The commissioner shall offer the lease at public or private sale for an amount
101.22and under terms and conditions prescribed by the commissioner. Commercial leases for
101.23more than ten years and leases for removal of peat that cover 320 or more acres must be
101.24approved by the Executive Council.
101.25(c) The lease term may not exceed 21 years except:
101.26(1) leases of lands for storage sites for ore, waste materials from mines, or rock and
101.27tailings from ore milling plants, or for the removal of peat for nonagricultural purposes
101.28may not exceed a term of 25 years; and
101.29(2) leases for commercial purposes, including major resort, convention center, or
101.30recreational area purposes, may not exceed a term of 40 years.
101.31(d) Leases must be subject to sale and leasing of the land for mineral purposes and
101.32contain a provision for cancellation for just cause at any time by the commissioner upon
101.33six months' written notice. A longer notice period, not exceeding three years, may be
101.34provided in leases for storing ore, waste materials from mines or rock or tailings from ore
102.1milling plants. The commissioner may determine the terms and conditions, including the
102.2notice period, for cancellation of a lease for the removal of peat and commercial leases.
102.3(e)
Except as provided in subdivision 3, money received from leases under this
102.4section must be credited to the fund to which the land belongs.
102.5 Subd. 2.
Leases for tailings deposits. The commissioner may grant leases and
102.6licenses to deposit tailings from any iron ore beneficiation plant in any public lake not
102.7exceeding 160 acres in area after holding a public hearing in the manner and under the
102.8procedure provided in Laws 1937, chapter 468, as amended and finding in pursuance
102.9of the hearing:
102.10(a) that such use of each lake is necessary and in the best interests of the public; and
102.11(b) that the proposed use will not result in pollution or sedimentation of any outlet
102.12stream.
102.13The lease or license may not exceed a term of 25 years and must be subject to
102.14cancellation on three years' notice. The commissioner may further restrict use of the lake
102.15to safeguard the public interest, and may require that the lessee or licensee acquire suitable
102.16permits or easements from the owners of lands riparian to the lake.
Except as provided
102.17in subdivision 3, money received from the leases or licenses must be deposited in the
102.18permanent school fund.
102.19 Subd. 3. Application fees. (a) The commissioner shall, by written order, establish
102.20the schedule of application fees for all leases issued under this section. Notwithstanding
102.21section 16A.1285, subdivision 2, the application fees shall be set at a rate that neither
102.22significantly overrecovers nor underrecovers costs, including overhead costs, involved in
102.23providing the services at the time of issuing the leases. The commissioner shall update
102.24the schedule of application fees every five years. The schedule of application fees and
102.25any adjustment to the schedule are not subject to the rulemaking provision of chapter 14
102.26and section 14.386 does not apply.
102.27(b) Money received under this subdivision must be deposited in the land management
102.28account in the natural resources fund and is appropriated to the commissioner to cover the
102.29reasonable costs incurred for issuing leases.
102.30 Sec. 69. Minnesota Statutes 2012, section 93.17, subdivision 1, is amended to read:
102.31 Subdivision 1.
Lease application. (a) Applications for leases to prospect for iron
102.32ore shall be presented to the commissioner in writing in such form as the commissioner
102.33may prescribe at any time before 4:30 p.m., St. Paul, Minnesota time, on the last business
102.34day before the day specified for the opening of bids, and no bids submitted after that time
102.35shall be considered. The application shall be accompanied by a certified check, cashier's
103.1check, or bank money order payable to the Department of Natural Resources in the sum of
103.2$100 $1,000 for each mining unit.
The fee shall be deposited in the minerals management
103.3account in the natural resources fund.
103.4(b) Each application shall be accompanied by a sealed bid setting forth the amount
103.5of royalty per gross ton of crude ore based upon the iron content of the ore when dried at
103.6212 degrees Fahrenheit, in its natural condition or when concentrated, as set out in section
103.793.20
, subdivisions 12 to 18, that the applicant proposes to pay to the state of Minnesota
103.8in case the lease shall be awarded.
103.9 Sec. 70. Minnesota Statutes 2012, section 93.1925, subdivision 2, is amended to read:
103.10 Subd. 2.
Application. (a) An application for a negotiated lease shall be submitted to
103.11the commissioner of natural resources. The commissioner shall prescribe the information
103.12to be included in the application. The applicant shall submit with the application a certified
103.13check, cashier's check, or bank money order, payable to the Department of Natural
103.14Resources in the sum of
$100 $2,000, as a fee for filing the application. The application
103.15fee shall not be refunded under any circumstances.
The application fee shall be deposited
103.16in the minerals management account in the natural resources fund.
103.17(b) The right is reserved to the state to reject any or all applications for a negotiated
103.18lease.
103.19 Sec. 71. Minnesota Statutes 2012, section 93.25, subdivision 2, is amended to read:
103.20 Subd. 2.
Lease requirements. (a) All leases for nonferrous metallic minerals or
103.21petroleum must be approved by the Executive Council, and any other mineral lease issued
103.22pursuant to this section that covers 160 or more acres must be approved by the Executive
103.23Council. The rents, royalties, terms, conditions, and covenants of all such leases shall be
103.24fixed by the commissioner according to rules adopted by the commissioner, but no lease
103.25shall be for a longer term than 50 years, and all rents, royalties, terms, conditions, and
103.26covenants shall be fully set forth in each lease issued. The rents and royalties shall be
103.27credited to the funds as provided in section
93.22.
103.28(b) The applicant for a lease must submit with the application a certified check,
103.29cashier's check, or bank money order payable to the Department of Natural Resources
103.30in the sum of:
103.31(1) $1,000 as a fee for filing an application for a lease being offered at public sale;
103.32(2) $1,000 as a fee for filing an application for a lease being offered under the
103.33preference rights lease availability list; and
104.1(3) $2,000 as a fee for filing an application for a lease through negotiation. The
104.2application fee for a negotiated lease shall not be refunded under any circumstances.
104.3The application fee must be deposited in the minerals management account in the natural
104.4resources fund.
104.5 Sec. 72. Minnesota Statutes 2012, section 93.285, subdivision 3, is amended to read:
104.6 Subd. 3.
Stockpile mining unit. (a) Any stockpiled iron ore, wherever situated,
104.7may, in the discretion of the commissioner of natural resources, be designated as a
104.8stockpile mining unit for disposal separately from ore in the ground, such designation to
104.9be made according to section
93.15, so far as applicable.
104.10(b) The commissioner may lease the mining unit at public or private sale for an
104.11amount and under terms and conditions prescribed by the commissioner.
104.12(c) The applicant must submit with the application a certified check, cashier's check,
104.13or bank money order payable to the Department of Natural Resources in the sum of $1,000
104.14as a fee for filing an application for a lease being offered at public sale and in the sum of
104.15$2,000 as a fee for filing an application for a lease through negotiation. The application
104.16fee for a negotiated lease shall not be refunded under any circumstances. The application
104.17fee must be deposited in the minerals management account in the natural resources fund.
104.18(d) The lease term may not exceed 25 years. The amount payable for stockpiled iron
104.19ore material shall be at least equivalent to the minimum royalty that would be payable
104.20under section
93.20.
104.21 Sec. 73. Minnesota Statutes 2012, section 93.46, is amended by adding a subdivision
104.22to read:
104.23 Subd. 10. Scram mining. "Scram mining" means a mining operation that produces
104.24natural iron ore, natural iron ore concentrates, or taconite ore as described in section 93.20,
104.25subdivisions 12 to 18, from previously developed stockpiles, tailing basins, underground
104.26mine workings, or open pits and that involves no more than 80 acres of land not previously
104.27affected by mining, or more than 80 acres of land not previously affected by mining
104.28if the operator can demonstrate that impacts would be substantially the same as other
104.29scram operations. "Land not previously affected by mining" means land upon which mine
104.30wastes have not been deposited and land from which materials have not been removed in
104.31connection with the production or extraction of metallic minerals.
104.32 Sec. 74. Minnesota Statutes 2012, section 93.481, subdivision 3, is amended to read:
105.1 Subd. 3.
Term of permit; amendment. (a) A permit issued by the commissioner
105.2pursuant to this section shall be granted for the term determined necessary by the
105.3commissioner for the completion of the proposed mining operation, including reclamation
105.4or restoration.
The term of a scram mining permit for iron ore or taconite shall be
105.5determined in the same manner as a permit to mine for an iron ore or taconite mining
105.6operation.
105.7(b) A permit may be amended upon written application to the commissioner. A
105.8permit amendment application fee must be submitted with the written application.
105.9The permit amendment application fee is
ten 20 percent of the amount provided for in
105.10subdivision 1, clause (3), for an application for the applicable permit to mine. If the
105.11commissioner determines that the proposed amendment constitutes a substantial change to
105.12the permit, the person applying for the amendment shall publish notice in the same manner
105.13as for a new permit, and a hearing shall be held if written objections are received in the
105.14same manner as for a new permit. An amendment may be granted by the commissioner if
105.15the commissioner determines that lawful requirements have been met.
105.16 Sec. 75. Minnesota Statutes 2012, section 93.481, is amended by adding a subdivision
105.17to read:
105.18 Subd. 4a. Release. A permit may not be released fully or partially without the
105.19written approval of the commissioner. A permit release application fee must be submitted
105.20with the written request for the release. The permit release application fee is 20 percent of
105.21the amount provided for in subdivision 1, clause (3), for an application for the applicable
105.22permit to mine.
105.23 Sec. 76. Minnesota Statutes 2012, section 93.481, subdivision 5, is amended to read:
105.24 Subd. 5.
Assignment. A permit may not be assigned or otherwise transferred
105.25without the written approval of the commissioner. A permit assignment application fee
105.26must be submitted with the written application. The permit assignment application fee is
105.27ten 20 percent of the amount provided for in subdivision 1, clause (3), for an application
105.28for the applicable permit to mine.
105.29 Sec. 77. Minnesota Statutes 2012, section 93.481, is amended by adding a subdivision
105.30to read:
105.31 Subd. 5a. Preapplication. Before the preparation of an application for a permit to
105.32mine, persons intending to submit an application must meet with the commissioner for a
105.33preapplication conference and site visit. Prospective applicants must also meet with the
106.1commissioner to outline analyses and tests to be conducted if the results of the analyses
106.2and tests will be used for evaluation of the application. A permit preapplication fee must
106.3be submitted before the preapplication conferences, meetings, and site visit with the
106.4commissioner. The permit preapplication fee is 20 percent of the amount provided in
106.5subdivision 1, clause (3), for an application for the applicable permit to mine.
106.6 Sec. 78. Minnesota Statutes 2012, section 93.482, is amended to read:
106.793.482 RECLAMATION FEES.
106.8 Subdivision 1.
Annual permit to mine fee. (a) The commissioner shall charge
106.9every person holding a permit to mine an annual permit fee. The fee is payable to the
106.10commissioner by June 30 of each year, beginning in 2009.
106.11(b) The annual permit to mine fee for
a an iron ore or taconite mining operation is
106.12$60,000 if the operation had production within the calendar year immediately preceding
106.13the year in which payment is due and $30,000 if there was no production within the
106.14immediately preceding calendar year $84,000.
106.15(c) The annual permit to mine fee for a nonferrous metallic minerals mining
106.16operation is $75,000
if the operation had production within the calendar year immediately
106.17preceding the year in which payment is due and $37,500 if there was no production within
106.18the immediately preceding calendar year.
106.19(d) The annual permit to mine fee for a scram mining operation is
$5,000 if the
106.20operation had production within the calendar year immediately preceding the year in
106.21which payment is due and $2,500 if there was no production within the immediately
106.22preceding calendar year $10,250.
106.23(e) The annual permit to mine fee for a peat mining operation is
$1,000 if the
106.24operation had production within the calendar year immediately preceding the year in
106.25which payment is due and $500 if there was no production within the immediately
106.26preceding calendar year $1,350.
106.27 Subd. 2.
Supplemental application fee for taconite and nonferrous metallic
106.28minerals mining operation. (a) In addition to the application fee specified in section
106.2993.481
, the commissioner shall assess a person submitting an application for a permit
106.30to mine for a taconite
or, a nonferrous metallic minerals mining
, or peat operation the
106.31reasonable costs for reviewing the application and preparing the permit to mine. For
106.32nonferrous metallic minerals mining, the commissioner shall assess reasonable costs for
106.33monitoring construction of the mining facilities.
The commissioner may assess a person
106.34submitting a request for amendment, assignment, or full or partial release of a permit to
106.35mine the reasonable costs for reviewing the request and issuing an approval or denial. The
107.1commissioner may assess a person submitting a request for a preapplication conference,
107.2meetings, and a site visit the reasonable costs for reviewing the request and meeting
107.3with the prospective applicant.
107.4(b) The commissioner must give the applicant an estimate of the supplemental
107.5application fee under this subdivision. The estimate must include a brief description
107.6of the tasks to be performed and the estimated cost of each task. The application fee
107.7under section
93.481 must be subtracted from the estimate of costs to determine the
107.8supplemental application fee.
107.9(c) The applicant and the commissioner shall enter into a written agreement to cover
107.10the estimated costs to be incurred by the commissioner.
107.11(d) The commissioner shall not issue the permit to mine until the applicant has paid
107.12all fees in full.
The commissioner shall not issue an approved assignment, amendment,
107.13or release until the applicant has paid all fees in full. Upon completion of construction
107.14of a nonferrous metallic minerals facility, the commissioner shall refund the unobligated
107.15balance of the monitoring fee revenue.
107.16 Sec. 79.
[93.60] MINERAL DATA AND INSPECTIONS ADMINISTRATION
107.17ACCOUNT.
107.18 Subdivision 1. Account established; sources. The mineral data and inspections
107.19administration account is established in the special revenue fund in the state treasury.
107.20Interest on the account accrues to the account. Fees charged under sections 93.61 and
107.21103I.601, subdivision 4a, shall be credited to the account.
107.22 Subd. 2. Appropriation; purposes of account. Money in the account is
107.23appropriated annually to the commissioner of natural resources to cover the costs of:
107.24(1) operating and maintaining the drill core library in Hibbing, Minnesota; and
107.25(2) conducting inspections of exploratory borings.
107.26 Sec. 80.
[93.61] DRILL CORE LIBRARY ACCESS FEE.
107.27Notwithstanding section 13.03, subdivision 3, a person must pay a fee to access
107.28exploration data, exploration drill core data, mineral evaluation data, and mining data
107.29stored in the drill core library located in Hibbing, Minnesota, and managed by the
107.30commissioner of natural resources. The fee is $250 per day. Alternatively, a person may
107.31obtain an annual pass for a fee of $5,000. The fee must be credited to the mineral data and
107.32inspections administration account established in section 93.60 and is appropriated to the
107.33commissioner of natural resources for the reasonable costs of operating and maintaining
107.34the drill core library.
108.1 Sec. 81.
[93.70] STATE-OWNED CONSTRUCTION AGGREGATES
108.2RECLAMATION ACCOUNT.
108.3 Subdivision 1. Account established; sources. The state-owned construction
108.4aggregates reclamation account is created in the special revenue fund in the state treasury.
108.5Interest on the account accrues to the account. Fees charged under section 93.71 shall be
108.6credited to the account.
108.7 Subd. 2. Appropriation; purposes of account. Money in the account is
108.8appropriated annually to the commissioner of natural resources to cover the costs of:
108.9(1) reclaiming state lands administered by the commissioner following cessation of
108.10construction aggregates mining operations on the lands; and
108.11(2) issuing and administering contracts needed for the performance of that
108.12reclamation work.
108.13 Sec. 82.
[93.71] STATE-OWNED CONSTRUCTION AGGREGATES
108.14RECLAMATION FEE.
108.15 Subdivision 1. Annual reclamation fee; purpose. Except as provided in
108.16subdivision 4, the commissioner of natural resources shall charge a person who holds
108.17a lease or permit to mine construction aggregates on state land administered by the
108.18commissioner an annual reclamation fee. The fee is payable to the commissioner by
108.19January 15 of each year. The purpose of the fee is to pay for reclamation or restoration of
108.20state lands following temporary or permanent cessation of construction aggregates mining
108.21operations. Reclamation and restoration include: land sloping and contouring, spreading
108.22soil from stockpiles, planting vegetation, removing safety hazards, or other measures
108.23needed to return the land to productive and safe nonmining use.
108.24 Subd. 2. Determination of fee. The amount of the annual reclamation fee is
108.25determined as follows:
108.26(1) for aggregates measured in cubic yards upon removal, 15 cents for each cubic yard
108.27removed under the lease or permit within the immediately preceding calendar year; and
108.28(2) for aggregates measured in short tons upon removal, 11 cents per short ton
108.29removed under the lease or permit within the immediately preceding calendar year.
108.30 Subd. 3. Deposit of fees. All fees collected under this section must be deposited in
108.31the state-owned construction aggregates reclamation account established in section 93.70
108.32and credited for use to the same land class from which payment of the fee was derived.
108.33 Subd. 4. Exception. A person who holds a lease to mine construction aggregates on
108.34state land is not subject to the reclamation fee under subdivision 1 if the lease provides
108.35for continuous mining for five or more years at an average rate of 30,000 or more cubic
109.1yards per year over the term of the lease and requires the lessee to perform and pay for
109.2the reclamation.
109.3 Sec. 83. Minnesota Statutes 2012, section 97A.401, subdivision 3, is amended to read:
109.4 Subd. 3.
Taking, possessing, and transporting wild animals for certain
109.5purposes. (a) Except as provided in paragraph (b), special permits may be issued without
109.6a fee to take, possess, and transport wild animals as pets and for scientific, educational,
109.7rehabilitative, wildlife disease prevention and control, and exhibition purposes. The
109.8commissioner shall prescribe the conditions for taking, possessing, transporting, and
109.9disposing of the wild animals.
109.10(b) A special permit may not be issued to take or possess wild or native deer for
109.11exhibition, propagation, or as pets.
109.12(c) Notwithstanding rules adopted under this section relating to wildlife rehabilitation
109.13permits, nonresident professional wildlife rehabilitators with a federal rehabilitation
109.14permit may possess and transport wildlife affected by oil spills.
109.15 Sec. 84. Minnesota Statutes 2012, section 103G.265, subdivision 2, is amended to read:
109.16 Subd. 2.
Diversion greater than 2,000,000 gallons per day. A water use permit
109.17or a plan that requires a permit or the commissioner's approval, involving a diversion of
109.18waters of the state of more than 2,000,000 gallons per day average in a 30-day period,
109.19to a place outside of this state or from the basin of origin within this state may not be
109.20granted or approved until
:
109.21(1) a determination is made by the commissioner that the
water remaining in the
109.22basin of origin will be adequate to meet the basin's water resources needs during the
109.23specified life of the diversion project diversion is sustainable and meets the applicable
109.24standards under section 103G.287, subdivision 5; and
109.25(2) approval of the diversion is given by the legislature.
109.26 Sec. 85. Minnesota Statutes 2012, section 103G.265, subdivision 3, is amended to read:
109.27 Subd. 3.
Consumptive use of more than 2,000,000 gallons per day. (a) Except
109.28as provided in paragraph (b), A water use permit or a plan that requires a permit or the
109.29commissioner's approval, involving a consumptive use of more than 2,000,000 gallons per
109.30day average in a 30-day period, may not be granted or approved until
:
109.31(1) a determination is made by the commissioner that the
water remaining in the
109.32basin of origin will be adequate to meet the basin's water resources needs during the
110.1specified life of the consumptive use
is sustainable and meets the applicable standards
110.2under section 103G.287, subdivision 5; and
110.3(2) approval of the consumptive use is given by the legislature.
110.4(b) Legislative approval under paragraph (a), clause (2), is not required for a
110.5consumptive use in excess of 2,000,000 gallons per day average in a 30-day period for:
110.6(1) a domestic water supply, excluding industrial and commercial uses of a
110.7municipal water supply;
110.8(2) agricultural irrigation and processing of agricultural products;
110.9(3) construction and mine land dewatering;
110.10(4) pollution abatement or remediation; and
110.11(5) fish and wildlife enhancement projects using surface water sources.
110.12 Sec. 86. Minnesota Statutes 2012, section 103G.271, subdivision 6, is amended to read:
110.13 Subd. 6.
Water use permit processing fee. (a) Except as described in paragraphs
110.14(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
110.15accordance with the schedule of fees in this subdivision for each water use permit in force
110.16at any time during the year. Fees collected under this paragraph are credited to the water
110.17management account in the natural resources fund. The schedule is as follows, with the
110.18stated fee in each clause applied to the total amount appropriated:
110.19 (1)
$140 for amounts not exceeding 50,000,000 gallons per year;
110.20 (2) $3.50 for residential use, $15 per 1,000,000 gallons
for amounts greater than
110.2150,000,000 gallons but less than 100,000,000 gallons per year;
110.22 (3) $4 (2) for use for metallic mine dewatering, mineral processing, and wood
110.23products processing, $8 per 1,000,000 gallons
for amounts greater than 100,000,000
110.24gallons but less than 150,000,000 gallons per year;
110.25 (4) $4.50 (3) for use for agricultural irrigation, including sod farms, orchards, and
110.26nurseries, and for livestock watering, $22 per 1,000,000 gallons
for amounts greater than
110.27150,000,000 gallons but less than 200,000,000 gallons per year;
110.28 (5) $5 (4) for nonagricultural irrigation, $70 per 1,000,000 gallons
for amounts
110.29greater than 200,000,000 gallons but less than 250,000,000 gallons per year;
and
110.30 (6) $5.50 (5) for all other uses, $30 per 1,000,000 gallons
for amounts greater than
110.31250,000,000 gallons but less than 300,000,000 gallons per year;
110.32 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
110.33than 350,000,000 gallons per year;
110.34 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
110.35less than 400,000,000 gallons per year;
111.1 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
111.2than 450,000,000 gallons per year;
111.3 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
111.4less than 500,000,000 gallons per year; and
111.5 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
111.6 (b) For once-through cooling systems, a water use processing fee must be prescribed
111.7by the commissioner in accordance with the following schedule of fees for each water use
111.8permit in force at any time during the year:
111.9 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
111.10 (2) for all other users, $420 per 1,000,000 gallons.
111.11 (c) The fee is payable based on the amount of water appropriated during the year
111.12and, except as provided in paragraph (f), the minimum fee is
$100 $140.
111.13 (d) For water use processing fees other than once-through cooling systems:
111.14 (1) the fee for a city of the first class may not exceed
$250,000 $275,000 per year;
111.15 (2) the fee for other entities for any permitted use may not exceed:
111.16 (i)
$60,000 $66,000 per year for an entity holding three or fewer permits;
111.17 (ii)
$90,000 $99,000 per year for an entity holding four or five permits; or
111.18 (iii)
$300,000 $330,000 per year for an entity holding more than five permits;
111.19 (3) the fee for
agricultural wild rice irrigation may not exceed $750 per year;
111.20 (4) the fee for a municipality that furnishes electric service and cogenerates steam
111.21for home heating may not exceed $10,000 for its permit for water use related to the
111.22cogeneration of electricity and steam; and
111.23 (5) no fee is required for a project involving the appropriation of surface water to
111.24prevent flood damage or to remove flood waters during a period of flooding, as determined
111.25by the commissioner.
111.26 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
111.27percent per month calculated from the original due date must be imposed on the unpaid
111.28balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
111.29may not be imposed on an agency, as defined in section
16B.01, subdivision 2, or federal
111.30governmental agency holding a water appropriation permit.
111.31 (f) The minimum water use processing fee for a permit issued for irrigation of
111.32agricultural land is $20 for years in which:
111.33 (1) there is no appropriation of water under the permit; or
111.34 (2) the permit is suspended for more than seven consecutive days between May 1
111.35and October 1.
112.1 (g) A surcharge of
$30 $75 per million gallons in addition to the fee prescribed
112.2in paragraph (a) shall be applied to the volume of water used in each of the months of
112.3May, June, July,
and August
, and September that exceeds the volume of water used in
112.4January for municipal water use
, irrigation of golf courses, and landscape irrigation. The
112.5surcharge for municipalities with more than one permit shall be determined based on the
112.6total appropriations from all permits that supply a common distribution system.
112.7EFFECTIVE DATE.This section is effective January 1, 2014.
112.8 Sec. 87. Minnesota Statutes 2012, section 103G.282, is amended to read:
112.9103G.282 MONITORING TO EVALUATE IMPACTS FROM
112.10APPROPRIATIONS.
112.11 Subdivision 1.
Monitoring equipment. The commissioner may
require the
112.12installation and maintenance of install and maintain monitoring equipment to evaluate
112.13water resource impacts from permitted appropriations and proposed projects that require
112.14a permit.
Monitoring for water resources that supply more than one appropriator must
112.15be designed to minimize costs to individual appropriators. The cost of drilling additional
112.16monitoring wells must be shared proportionally by all permit holders that are directly
112.17affecting a particular water resources feature. The commissioner may require a permit
112.18holder or a proposer of a project to install and maintain monitoring equipment to evaluate
112.19water resource impacts when the commissioner determines that the permitted or proposed
112.20water use is or has the potential to be the primary source of water resource impacts in an
112.21area.
112.22 Subd. 2.
Measuring devices required. Monitoring installations
required
112.23 established under subdivision 1 must be equipped with automated measuring devices
112.24to measure water levels, flows, or conditions. The commissioner may
require a permit
112.25holder or a proposer of a project to perform water measurements. The commissioner
112.26may determine the frequency of measurements and other measuring methods based on
112.27the quantity of water appropriated or used, the source of water, potential connections to
112.28other water resources, the method of appropriating or using water, seasonal and long-term
112.29changes in water levels, and any other facts supplied to the commissioner.
112.30 Subd. 3.
Reports and costs. (a) Records of water measurements under subdivision
112.312 must be kept for each installation. The measurements must be reported annually to the
112.32commissioner on or before February 15 of the following year in a format or on forms
112.33prescribed by the commissioner.
113.1(b) The
owner or person permit holder or project proposer in charge of an installation
113.2for appropriating or using waters of the state or a proposal that requires a permit is
113.3responsible for all costs related to establishing and maintaining monitoring installations
113.4and to measuring and reporting data.
Monitoring costs for water resources that supply
113.5more than one appropriator may be distributed among all users within a monitoring area
113.6determined by the commissioner and assessed based on volumes of water appropriated
113.7and proximity to resources of concern. The commissioner may require a permit holder or
113.8project proposer utilizing monitoring equipment installed by the commissioner to meet
113.9water measurement requirements to cover the costs related to measuring and reporting data.
113.10 Sec. 88. Minnesota Statutes 2012, section 103G.287, subdivision 1, is amended to read:
113.11 Subdivision 1.
Applications for groundwater appropriations; preliminary well
113.12construction approval. (a) Groundwater use permit applications are not complete until
113.13the applicant has supplied:
113.14(1) a water well record as required by section
103I.205, subdivision 9, information
113.15on the subsurface geologic formations penetrated by the well and the formation or aquifer
113.16that will serve as the water source, and geologic information from test holes drilled to
113.17locate the site of the production well;
113.18(2) the maximum daily, seasonal, and annual pumpage rates and volumes being
113.19requested;
113.20(3) information on groundwater quality in terms of the measures of quality
113.21commonly specified for the proposed water use and details on water treatment necessary
113.22for the proposed use;
113.23(4) an inventory of existing wells within 1-1/2 miles of the proposed production well
113.24or within the area of influence, as determined by the commissioner. The inventory must
113.25include information on well locations, depths, geologic formations, depth of the pump or
113.26intake, pumping and nonpumping water levels, and details of well construction;
and
113.27(5) the results of an aquifer test completed according to specifications approved by
113.28the commissioner. The test must be conducted at the maximum pumping rate requested
113.29in the application and for a length of time adequate to assess or predict impacts to other
113.30wells and surface water and groundwater resources. The permit applicant is responsible
113.31for all costs related to the aquifer test, including the construction of groundwater and
113.32surface water monitoring installations, and water level readings before, during, and after
113.33the aquifer test
; and
113.34(6) the results of any assessments conducted by the commissioner under paragraph (c).
114.1(b) The commissioner may waive an application requirement in this subdivision
114.2if the information provided with the application is adequate to determine whether the
114.3proposed appropriation and use of water is sustainable and will protect ecosystems, water
114.4quality, and the ability of future generations to meet their own needs.
114.5(c) The commissioner shall provide an assessment of a proposed well needing a
114.6groundwater appropriation permit. The commissioner shall evaluate the information
114.7submitted as required under section 103I.205, subdivision 1, paragraph (f), and determine
114.8whether the anticipated appropriation request is likely to meet the applicable requirements
114.9of this chapter. If the appropriation request is likely to meet applicable requirements, the
114.10commissioner shall provide the person submitting the information with a letter providing
114.11preliminary approval to construct the well.
114.12 Sec. 89. Minnesota Statutes 2012, section 103G.287, subdivision 5, is amended to read:
114.13 Subd. 5.
Interference with other wells Sustainability standard. The
114.14commissioner may issue water use permits for appropriation from groundwater only if
114.15the commissioner determines that the groundwater use is sustainable to supply the needs
114.16of future generations and the proposed use will not harm ecosystems, degrade water, or
114.17reduce water levels beyond the reach of public water supply and private domestic wells
114.18constructed according to Minnesota Rules, chapter 4725.
114.19 Sec. 90. Minnesota Statutes 2012, section 103G.615, subdivision 2, is amended to read:
114.20 Subd. 2.
Fees. (a)
The commissioner shall establish a fee schedule for permits to
114.21control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
114.22section
16A.1283 does not apply, but the rule must not take effect until 45 legislative
114.23days after it has been reported to the legislature. The fees
shall not exceed $2,500 per
114.24permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
114.25the permit, and additional costs incurred after the application to inspect and monitor
114.26the activities authorized by the permit, and enforce aquatic plant management rules and
114.27permit requirements.
The permit fee, in the form of a check or money order payable to the
114.28Minnesota Department of Natural Resources, must accompany each permit application.
114.29When application is made to control two or more shoreline nuisance conditions, only the
114.30larger fee applies. Permit fees are:
114.31 (b) A fee for a permit for the (1) to control
of rooted aquatic
vegetation plants
114.32by pesticide or mechanical means, $90 for each contiguous parcel of shoreline owned
114.33by an owner
may be charged, including a three-year automatic aquatic plant control
114.34device permit. This fee may not be charged for
permits issued in connection with purple
115.1loosestrife control or lakewide
Eurasian water milfoil control programs. or baywide
115.2invasive aquatic plant management permits;
115.3(2) to control filamentous algae, snails that carry swimmer's itch, or leeches, singly
115.4or in combination, $40 for each contiguous parcel or shoreline with a distinct owner;
115.5(3) for offshore control of submersed aquatic plants by pesticide or mechanical
115.6means, $90;
115.7(4) to control plankton algae or free-floating aquatic plants by lakewide or baywide
115.8application of approved pesticides, $90;
115.9(5) for a commercial mechanical control permit, $100 annually, and;
115.10(6) for a commercial harvest permit, $100 plus $300 for each public water listed on
115.11the application that requires an inspection. An inspection is required for waters with no
115.12previous permit history and may be required at other times to monitor the status of the
115.13aquatic plant population.
115.14(b) There is no permit fee for:
115.15(1) permits to transplant aquatic plants in public waters;
115.16(2) permits to move or remove a floating bog in public waters if the floating bog is
115.17lodged against the permittee's property and has not taken root;
115.18(3) invasive aquatic plant management permits; or
115.19 (c) A fee may not be charged to (4) permits applied for by the state or a federal
115.20governmental agency
applying for a permit.
115.21 (d) (c) A fee for a permit for the control of rooted aquatic vegetation in a public
115.22water basin that is 20 acres or less in size
shall be is one-half of the fee established under
115.23paragraph (a)
, clause (1).
115.24(d) If the fee does not accompany the application, the applicant shall be notified and
115.25no action will be taken on the application until the fee is received.
115.26(e) A fee is refundable only when the application is withdrawn prior to field
115.27inspection or issuance or denial of the permit or when the commissioner determines that
115.28the activity does not require a permit.
115.29(e) (f) The money received for the permits under this subdivision shall be deposited
115.30in the
treasury and credited to the water recreation account
in the natural resources fund.
115.31(f) (g) The fee for processing a notification to request authorization for work under
115.32a general permit is $30
, until the commissioner establishes a fee by rule as provided
115.33under this subdivision.
115.34 Sec. 91. Minnesota Statutes 2012, section 103I.205, subdivision 1, is amended to read:
116.1 Subdivision 1.
Notification required. (a) Except as provided in paragraphs (d)
116.2and (e), a person may not construct a well until a notification of the proposed well on a
116.3form prescribed by the commissioner is filed with the commissioner with the filing fee in
116.4section
103I.208, and, when applicable, the person has met the requirements of paragraph
116.5(f). If after filing the well notification an attempt to construct a well is unsuccessful, a
116.6new notification is not required unless the information relating to the successful well
116.7has substantially changed.
116.8(b) The property owner, the property owner's agent, or the well contractor where a
116.9well is to be located must file the well notification with the commissioner.
116.10(c) The well notification under this subdivision preempts local permits and
116.11notifications, and counties or home rule charter or statutory cities may not require a
116.12permit or notification for wells unless the commissioner has delegated the permitting or
116.13notification authority under section
103I.111.
116.14(d) A person who is an individual that constructs a drive point well on property
116.15owned or leased by the individual for farming or agricultural purposes or as the individual's
116.16place of abode must notify the commissioner of the installation and location of the well.
116.17The person must complete the notification form prescribed by the commissioner and mail
116.18it to the commissioner by ten days after the well is completed. A fee may not be charged
116.19for the notification. A person who sells drive point wells at retail must provide buyers
116.20with notification forms and informational materials including requirements regarding
116.21wells, their location, construction, and disclosure. The commissioner must provide the
116.22notification forms and informational materials to the sellers.
116.23(e) A person may not construct a monitoring well until a permit is issued by the
116.24commissioner for the construction. If after obtaining a permit an attempt to construct a
116.25well is unsuccessful, a new permit is not required as long as the initial permit is modified
116.26to indicate the location of the successful well.
116.27(f) When the operation of a well will require an appropriation permit from the
116.28commissioner of natural resources, a person may not begin construction of the well until
116.29the person submits the following information to the commissioner of natural resources:
116.30(1) the location of the well;
116.31(2) the formation or aquifer that will serve as the water source;
116.32(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will
116.33be requested in the appropriation permit; and
116.34(4) other information requested by the commissioner of natural resources that
116.35is necessary to conduct the preliminary assessment required under section 103G.287,
116.36subdivision 1, paragraph (c).
117.1The person may begin construction after receiving preliminary approval from the
117.2commissioner of natural resources.
117.3 Sec. 92. Minnesota Statutes 2012, section 103I.601, is amended by adding a
117.4subdivision to read:
117.5 Subd. 4a. Exploratory boring inspection fee. For each proposed exploratory
117.6boring identified on the map submitted under subdivision 4, an explorer must submit a fee
117.7of $2,000 to the commissioner of natural resources. The fee must be credited to the mineral
117.8data and inspections administration account established in section 93.60 and is appropriated
117.9to the commissioner of natural resources for the reasonable costs incurred for inspections
117.10of exploratory borings by the commissioner of natural resources or the commissioner's
117.11representative. The fee is nonrefundable, even if the exploratory boring is not conducted.
117.12 Sec. 93. Minnesota Statutes 2012, section 114D.50, subdivision 4, is amended to read:
117.13 Subd. 4.
Expenditures; accountability. (a) A project receiving funding from the
117.14clean water fund must meet or exceed the constitutional requirements to protect, enhance,
117.15and restore water quality in lakes, rivers, and streams and to protect groundwater and
117.16drinking water from degradation. Priority may be given to projects that meet more than
117.17one of these requirements. A project receiving funding from the clean water fund shall
117.18include measurable outcomes, as defined in section
3.303, subdivision 10, and a plan for
117.19measuring and evaluating the results. A project must be consistent with current science
117.20and incorporate state-of-the-art technology.
117.21(b) Money from the clean water fund shall be expended to balance the benefits
117.22across all regions and residents of the state.
117.23(c) A state agency or other recipient of a direct appropriation from the clean
117.24water fund must compile and submit all information for proposed and funded projects
117.25or programs, including the proposed measurable outcomes and all other items required
117.26under section
3.303, subdivision 10, to the Legislative Coordinating Commission as soon
117.27as practicable or by January 15 of the applicable fiscal year, whichever comes first. The
117.28Legislative Coordinating Commission must post submitted information on the Web site
117.29required under section
3.303, subdivision 10, as soon as it becomes available. Information
117.30classified as not public under section
13D.05, subdivision 3, paragraph (d), is not required
117.31to be placed on the Web site.
117.32(d) Grants funded by the clean water fund must be implemented according to section
117.3316B.98
and must account for all expenditures. Proposals must specify a process for any
118.1regranting envisioned. Priority for grant proposals must be given to proposals involving
118.2grants that will be competitively awarded.
118.3(e) Money from the clean water fund may only be spent on projects that benefit
118.4Minnesota waters.
118.5(f) When practicable, a direct recipient of an appropriation from the clean water fund
118.6shall prominently display on the recipient's Web site home page the legacy logo required
118.7under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
118.8361, article 3, section 5, accompanied by the phrase "Click here for more information."
118.9When a person clicks on the legacy logo image, the Web site must direct the person to
118.10a Web page that includes both the contact information that a person may use to obtain
118.11additional information, as well as a link to the Legislative Coordinating Commission Web
118.12site required under section
3.303, subdivision 10.
118.13(g) Future eligibility for money from the clean water fund is contingent upon a state
118.14agency or other recipient satisfying all applicable requirements in this section, as well as
118.15any additional requirements contained in applicable session law.
118.16(h) Money from the clean water fund may be used to leverage federal funds through
118.17execution of formal project partnership agreements with federal agencies consistent with
118.18respective federal agency partnership agreement requirements.
118.19 Sec. 94.
[115.84] WASTEWATER LABORATORY CERTIFICATION.
118.20 Subdivision 1. Wastewater laboratory certification required. (a) Laboratories
118.21performing wastewater or water analytical laboratory work, the results of which are
118.22reported to the agency to determine compliance with a national pollutant discharge
118.23elimination system (NPDES) permit condition or other regulatory document, must be
118.24certified according to this section.
118.25(b) This section does not apply to:
118.26(1) laboratories that are private and for-profit;
118.27(2) laboratories that perform drinking water analyses; or
118.28(3) laboratories that perform remediation program analyses, such as Superfund or
118.29petroleum analytical work.
118.30(c) Until adoption of rules under subdivision 2, laboratories required to be certified
118.31under this section that submit data to the agency must register by submitting registration
118.32information required by the agency or be certified or accredited by a recognized authority,
118.33such as the commissioner of health under sections 144.97 to 144.99, for the analytical
118.34methods required by the agency.
119.1 Subd. 2. Rules. The agency may adopt rules to govern certification of laboratories
119.2according to this section. Notwithstanding section 16A.1283, the agency may adopt
119.3rules establishing fees.
119.4 Subd. 3. Fees. (a) Until the agency adopts a rule establishing fees for certification,
119.5the agency shall collect fees from laboratories registering with the agency but not
119.6accredited by the commissioner of health under sections 144.97 to 144.99, in amounts
119.7necessary to cover the reasonable costs of the certification program, including reviewing
119.8applications, issuing certifications, and conducting audits and compliance assistance.
119.9(b) Fees under this section must be based on the number, type, and complexity of
119.10analytical methods that laboratories are certified to perform.
119.11(c) Revenue from fees charged by the agency for certification shall be credited to
119.12the environmental fund.
119.13 Subd. 4. Enforcement. (a) The commissioner may deny, suspend, or revoke
119.14wastewater laboratory certification for, but is not limited to, any of the following reasons:
119.15fraud, failure to follow applicable requirements, failure to respond to documented
119.16deficiencies or complete corrective actions necessary to address deficiencies, failure to pay
119.17certification fees, or other violations of federal or state law.
119.18(b) This section and the rules adopted under it may be enforced by any means
119.19provided in section 115.071.
119.20 Sec. 95. Minnesota Statutes 2012, section 115A.1320, subdivision 1, is amended to read:
119.21 Subdivision 1.
Duties of the agency. (a) The agency shall administer sections
119.22115A.1310
to
115A.1330.
119.23 (b) The agency shall establish procedures for:
119.24 (1) receipt and maintenance of the registration statements and certifications filed
119.25with the agency under section
115A.1312; and
119.26 (2) making the statements and certifications easily available to manufacturers,
119.27retailers, and members of the public.
119.28 (c) The agency shall annually review the value of the following variables that are
119.29part of the formula used to calculate a manufacturer's annual registration fee under section
119.30115A.1314, subdivision 1
:
119.31 (1) the proportion of sales of video display devices sold to households that
119.32manufacturers are required to recycle;
119.33 (2) the estimated per-pound price of recycling covered electronic devices sold to
119.34households;
119.35 (3) the base registration fee; and
120.1 (4) the multiplier established for the weight of covered electronic devices collected
120.2in section
115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
120.3these values must be changed in order to improve the efficiency or effectiveness of the
120.4activities regulated under sections
115A.1312 to
115A.1330, the agency shall submit
120.5recommended changes and the reasons for them to the chairs of the senate and house of
120.6representatives committees with jurisdiction over solid waste policy.
120.7 (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
120.8sales of video display devices sold to households by each manufacturer during the preceding
120.9program year, based on national sales data, and forward the estimates to the department.
120.10 (e) The agency shall provide a report to the governor and the legislature on the
120.11implementation of sections
115A.1310 to
115A.1330. For each program year, the report
120.12must discuss the total weight of covered electronic devices recycled and a summary
120.13of information in the reports submitted by manufacturers and recyclers under section
120.14115A.1316
. The report must also discuss the various collection programs used by
120.15manufacturers to collect covered electronic devices; information regarding covered
120.16electronic devices that are being collected by persons other than registered manufacturers,
120.17collectors, and recyclers; and information about covered electronic devices, if any, being
120.18disposed of in landfills in this state. The report must include a description of enforcement
120.19actions under sections
115A.1310 to
115A.1330. The agency may include in its report
120.20other information received by the agency regarding the implementation of sections
120.21115A.1312
to
115A.1330. The report must be done in conjunction with the report required
120.22under section
115D.10 115A.121.
120.23 (f) The agency shall promote public participation in the activities regulated under
120.24sections
115A.1312 to
115A.1330 through public education and outreach efforts.
120.25 (g) The agency shall enforce sections
115A.1310 to
115A.1330 in the manner
120.26provided by sections
115.071, subdivisions 1, 3, 4, 5, and 6; and
116.072, except for those
120.27provisions enforced by the department, as provided in subdivision 2. The agency may
120.28revoke a registration of a collector or recycler found to have violated sections
115A.1310
120.29to
115A.1330.
120.30 (h) The agency shall facilitate communication between counties, collection and
120.31recycling centers, and manufacturers to ensure that manufacturers are aware of video
120.32display devices available for recycling.
120.33 (i) The agency shall develop a form retailers must use to report information to
120.34manufacturers under section
115A.1318 and post it on the agency's Web site.
120.35 (j) The agency shall post on its Web site the contact information provided by each
120.36manufacturer under section
115A.1318, paragraph (e).
121.1 Sec. 96.
[115A.141] CARPET PRODUCT STEWARDSHIP PROGRAM;
121.2STEWARDSHIP PLAN.
121.3 Subdivision 1. Definitions. For purposes of this section, the following terms have
121.4the meanings given:
121.5(1) "brand" means a name, symbol, word, or mark that identifies carpet, rather than its
121.6components, and attributes the carpet to the owner or licensee of the brand as the producer;
121.7(2) "carpet" means a manufactured article that is used in commercial or single or
121.8multifamily residential buildings, is affixed or placed on the floor or building walking
121.9surface as a decorative or functional building interior or exterior feature, and is primarily
121.10constructed of a top visible surface of synthetic face fibers or yarns or tufts attached to a
121.11backing system derived from synthetic or natural materials. Carpet includes, but is not
121.12limited to, a commercial or residential broadloom carpet or modular carpet tiles. Carpet
121.13includes a pad or underlayment used in conjunction with a carpet. Carpet does not include
121.14handmade rugs, area rugs, or mats;
121.15(3) "discarded carpet" means carpet that is no longer used for its manufactured
121.16purpose;
121.17(4) "producer" means a person that:
121.18(i) has legal ownership of the brand, brand name, or cobrand of carpet sold in the state;
121.19(ii) imports carpet branded by a producer that meets subclause (i) when the producer
121.20has no physical presence in the United States;
121.21(iii) if subclauses (i) and (ii) do not apply, makes unbranded carpet that is sold
121.22in the state; or
121.23(iv) sells carpet at wholesale or retail, does not have legal ownership of the brand,
121.24and elects to fulfill the responsibilities of the producer for the carpet by certifying that
121.25election in writing to the commissioner;
121.26(5) "recycling" means the process of collecting and preparing recyclable materials and
121.27reusing the materials in their original form or using them in manufacturing processes that
121.28do not cause the destruction of recyclable materials in a manner that precludes further use;
121.29(6) "retailer" means any person who offers carpet for sale at retail in the state;
121.30(7) "reuse" means donating or selling a collected carpet back into the market for
121.31its original intended use, when the carpet retains its original purpose and performance
121.32characteristics;
121.33(8) "sale" or "sell" means transfer of title of carpet for consideration, including a
121.34remote sale conducted through a sales outlet, catalog, Web site, or similar electronic
121.35means. Sale or sell includes a lease through which carpet is provided to a consumer by a
121.36producer, wholesaler, or retailer;
122.1(9) "stewardship assessment" means the amount added to the purchase price of
122.2carpet sold in the state that is necessary to cover the cost of collecting, transporting, and
122.3processing postconsumer carpets by the producer or stewardship organization pursuant to
122.4a product stewardship program;
122.5(10) "stewardship organization" means an organization appointed by one or more
122.6producers to act as an agent on behalf of the producer to design, submit, and administer a
122.7product stewardship program under this section; and
122.8(11) "stewardship plan" means a detailed plan describing the manner in which a
122.9product stewardship program under subdivision 2 will be implemented.
122.10 Subd. 2. Product stewardship program. For all carpet sold in the state, producers
122.11must, individually or through a stewardship organization, implement and finance a
122.12statewide product stewardship program that manages carpet by reducing carpet's waste
122.13generation, promoting its reuse and recycling, and providing for negotiation and execution
122.14of agreements to collect, transport, and process carpet for end-of-life recycling and reuse.
122.15 Subd. 3. Requirement for sale. (a) On and after July 1, 2015, no producer,
122.16wholesaler, or retailer may sell carpet or offer carpet for sale in the state unless the carpet's
122.17producer participates in an approved stewardship plan, either individually or through a
122.18stewardship organization.
122.19(b) Each producer must operate a product stewardship program approved by the
122.20agency or enter into an agreement with a stewardship organization to operate, on the
122.21producer's behalf, a product stewardship program approved by the agency.
122.22 Subd. 4. Requirement to submit plan. (a) On or before March 1, 2015, and before
122.23offering carpet for sale in the state, a producer must submit a stewardship plan to the
122.24agency and receive approval of the plan or must submit documentation to the agency that
122.25demonstrates the producer has entered into an agreement with a stewardship organization
122.26to be an active participant in an approved product stewardship program as described in
122.27subdivision 2. A stewardship plan must include all elements required under subdivision 5.
122.28(b) At least every three years, a producer or stewardship organization operating a
122.29product stewardship program must update the stewardship plan and submit the updated
122.30plan to the agency for review and approval.
122.31(c) It is the responsibility of the entities responsible for each stewardship plan to
122.32notify the agency within 30 days of any significant changes or modifications to the plan or
122.33its implementation. Within 30 days of the notification, a written plan revision must be
122.34submitted to the agency for review and approval.
122.35 Subd. 5. Stewardship plan content. A stewardship plan must contain:
123.1(1) certification that the product stewardship program will accept all discarded carpet
123.2regardless of which producer produced the carpet and its individual components;
123.3(2) contact information for the individual and the entity submitting the plan and for
123.4all producers participating in the product stewardship program;
123.5(3) a description of the methods by which discarded carpet will be collected in all
123.6areas in the state without relying on end-of-life fees, including an explanation of how the
123.7collection system will be convenient and adequate to serve the needs of small businesses
123.8and residents in the seven-county metropolitan area initially and expanding to areas
123.9outside of the seven-county metropolitan area starting July 1, 2016;
123.10(4) a description of how the adequacy of the collection program will be monitored
123.11and maintained;
123.12(5) the names and locations of collectors, transporters, and recycling facilities that
123.13will manage discarded carpet;
123.14(6) a description of how the discarded carpet and the carpet's components will
123.15be safely and securely transported, tracked, and handled from collection through final
123.16recycling and processing;
123.17(7) a description of the method that will be used to reuse, deconstruct, or recycle
123.18the discarded carpet to ensure that the product's components, to the extent feasible, are
123.19transformed or remanufactured into finished products for use;
123.20(8) a description of the promotion and outreach activities that will be used to
123.21encourage participation in the collection and recycling programs and how the activities'
123.22effectiveness will be evaluated and the program modified, if necessary;
123.23(9) the proposed stewardship assessment. The producer or stewardship organization
123.24shall propose a stewardship assessment for any carpet sold in the state. The proposed
123.25stewardship assessment shall be reviewed by an independent auditor to ensure that
123.26the assessment does not exceed the costs of the product stewardship program and the
123.27independent auditor shall recommend an amount for the stewardship assessment;
123.28(10) evidence of adequate insurance and financial assurance that may be required for
123.29collection, handling, and disposal operations;
123.30(11) five-year performance goals, including an estimate of the percentage of
123.31discarded carpet that will be collected, reused, and recycled during each of the first five
123.32years of the stewardship plan. The performance goals must include a specific escalating
123.33goal for the amount of discarded carpet that will be collected and recycled and reused
123.34during each year of the plan. The performance goals must be based on:
123.35(i) the most recent collection data available for the state;
123.36(ii) the amount of carpet disposed of annually;
124.1(iii) the weight of the carpet that is expected to be available for collection annually;
124.2and
124.3(iv) actual collection data from other existing stewardship programs.
124.4The stewardship plan must state the methodology used to determine these goals;
124.5(12) carpet design changes that will be considered to reduce toxicity, water use, or
124.6energy use or to increase recycled content, recyclability, or carpet longevity; and
124.7(13) a discussion of market development opportunities to expand use of recovered
124.8carpet, with consideration of expanding processing activity near areas of collection.
124.9 Subd. 6. Consultation required. (a) Each stewardship organization or individual
124.10producer submitting a stewardship plan must consult with stakeholders including retailers,
124.11installers, collectors, recyclers, local government, customers, and citizens during the
124.12development of the plan, solicit stakeholder comments, and attempt to address any
124.13stakeholder concerns regarding the plan before submitting the plan to the agency for review.
124.14(b) The producer or stewardship organization must invite comments from local
124.15governments, communities, and citizens to report their satisfaction with services, including
124.16education and outreach, provided by the product stewardship program. The information
124.17must be submitted to the agency and used by the agency in reviewing proposed updates or
124.18changes to the stewardship plan.
124.19 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
124.20stewardship plan, the agency shall determine whether the plan complies with subdivision
124.215. If the agency approves a plan, the agency shall notify the applicant of the plan approval
124.22in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
124.23the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
124.24submit a revised plan to the agency within 60 days after receiving notice of rejection.
124.25(b) Any proposed changes to a stewardship plan must be approved by the agency
124.26in writing.
124.27 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
124.28placed on the agency's Web site for at least 30 days and made available at the agency's
124.29headquarters for public review and comment.
124.30 Subd. 9. Conduct authorized. A producer or stewardship organization that
124.31organizes collection, transport, and processing of carpet under this section is immune
124.32from liability for the conduct under state laws relating to antitrust, restraint of trade,
124.33unfair trade practices, and other regulation of trade or commerce only to the extent that
124.34the conduct is necessary to plan and implement the producer's or organization's chosen
124.35organized collection or recycling system.
125.1 Subd. 10. Responsibility of producers. (a) On and after the date of implementation
125.2of a product stewardship program under this section, a producer of carpet must add the
125.3stewardship assessment, as established according to subdivision 5, clause (9), to the cost
125.4of the carpet sold to retailers and distributors in the state by the producer.
125.5(b) Producers of carpet or the stewardship organization shall provide consumers
125.6with educational materials regarding the stewardship assessment and product stewardship
125.7program. The materials must include, but are not limited to, information regarding available
125.8end-of-life management options for carpet offered through the product stewardship
125.9program and information that notifies consumers that a charge for the operation of the
125.10product stewardship program is included in the purchase price of carpet sold in the state.
125.11 Subd. 11. Responsibility of retailers. (a) On and after July 1, 2015, no carpet may
125.12be sold in the state unless the carpet's producer is participating in an approved stewardship
125.13plan.
125.14(b) On and after the implementation date of a product stewardship program under
125.15this section, each retailer or distributor, as applicable, must ensure that the full amount of
125.16the stewardship assessment added to the cost of carpet by producers under subdivision 10
125.17is included in the purchase price of all carpet sold in the state.
125.18(c) Any retailer may participate, on a voluntary basis, as a designated collection
125.19point pursuant to a product stewardship program under this section and in accordance
125.20with applicable law.
125.21(d) No retailer or distributor shall be found to be in violation of this subdivision if,
125.22on the date the carpet was ordered from the producer or its agent, the producer was listed
125.23as compliant on the agency's Web site according to subdivision 14.
125.24 Subd. 12. Stewardship reports. Beginning October 1, 2016, producers of carpet
125.25sold in the state must individually or through a stewardship organization submit an
125.26annual report to the agency describing the product stewardship program. At a minimum,
125.27the report must contain:
125.28(1) a description of the methods used to collect, transport, and process carpet in all
125.29regions of the state;
125.30(2) the weight of all carpet collected in all regions of the state and a comparison to
125.31the performance goals and recycling rates established in the stewardship plan;
125.32(3) the amount of unwanted carpet collected in the state by method of disposition,
125.33including reuse, recycling, and other methods of processing;
125.34(4) identification of the facilities processing carpet and the number and weight
125.35processed at each facility;
125.36(5) an evaluation of the program's funding mechanism;
126.1(6) samples of educational materials provided to consumers and an evaluation of the
126.2effectiveness of the materials and the methods used to disseminate the materials; and
126.3(7) a description of progress made toward achieving carpet design changes according
126.4to subdivision 5, clause (12).
126.5 Subd. 13. Sales information. Sales information provided to the commissioner
126.6under this section is classified as private or nonpublic data, as specified in section
126.7115A.06, subdivision 13.
126.8 Subd. 14. Agency responsibilities. The agency shall provide, on its Web site, a
126.9list of all compliant producers and brands participating in stewardship plans that the
126.10agency has approved and a list of all producers and brands the agency has identified as
126.11noncompliant with this section.
126.12 Subd. 15. Local government responsibilities. (a) A city, county, or other public
126.13agency may choose to participate voluntarily in a carpet product stewardship program.
126.14(b) Cities, counties, and other public agencies are encouraged to work with producers
126.15and stewardship organizations to assist in meeting product stewardship program recycling
126.16obligations, by providing education and outreach or using other strategies.
126.17(c) A city, county, or other public agency that participates in a product stewardship
126.18program must report for the first year of the program to the agency using the reporting
126.19form provided by the agency on the cost savings as a result of participation and describe
126.20how the savings were used.
126.21 Subd. 16. Administrative fee. (a) The stewardship organization or individual
126.22producer submitting a stewardship plan shall pay an annual administrative fee to the
126.23commissioner. The agency may establish a variable fee based on relevant factors,
126.24including, but not limited to, the portion of carpet sold in the state by members of the
126.25organization compared to the total amount of carpet sold in the state by all organizations
126.26submitting a stewardship plan.
126.27 (b) Prior to July 1, 2015, and before July 1 annually thereafter, the agency shall
126.28identify the costs it incurs under this section. The agency shall set the fee at an amount
126.29that, when paid by every stewardship organization or individual producer that submits a
126.30stewardship plan, is adequate to reimburse the agency's full costs of administering this
126.31section. The total amount of annual fees collected under this subdivision must not exceed
126.32the amount necessary to reimburse costs incurred by the agency to administer this section.
126.33 (c) A stewardship organization or individual producer subject to this subdivision
126.34must pay the agency's administrative fee under paragraph (a) on or before July 1, 2015 and
126.35annually thereafter. Each year after the initial payment, the annual administrative fee may
127.1not exceed five percent of the aggregate stewardship assessment added to the cost of all
127.2carpet sold by producers in the state for the preceding calendar year.
127.3 (d) All fees received under this section shall be deposited to the state treasury and
127.4credited to a product stewardship account in the Special Revenue Fund. Money in the
127.5account is appropriated to the commissioner for the purpose of reimbursing the agency's
127.6costs incurred to administer this section.
127.7 Sec. 97.
[115A.1415] ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP
127.8PROGRAM; STEWARDSHIP PLAN.
127.9 Subdivision 1. Definitions. For purposes of this section, the following terms have
127.10the meanings given:
127.11(1) "architectural paint" means interior and exterior architectural coatings sold in
127.12containers of five gallons or less. Architectural paint does not include industrial coatings,
127.13original equipment coatings, or specialty coatings;
127.14(2) "brand" means a name, symbol, word, or mark that identifies architectural paint,
127.15rather than its components, and attributes the paint to the owner or licensee of the brand as
127.16the producer;
127.17(3) "discarded paint" means architectural paint that is no longer used for its
127.18manufactured purpose;
127.19(4) "producer" means a person that:
127.20(i) has legal ownership of the brand, brand name, or cobrand of architectural paint
127.21sold in the state;
127.22(ii) imports architectural paint branded by a producer that meets subclause (i) when
127.23the producer has no physical presence in the United States;
127.24(iii) if subclauses (i) and (ii) do not apply, makes unbranded architectural paint
127.25that is sold in the state; or
127.26(iv) sells architectural paint at wholesale or retail, does not have legal ownership of
127.27the brand, and elects to fulfill the responsibilities of the producer for the architectural paint
127.28by certifying that election in writing to the commissioner;
127.29(5) "recycling" means the process of collecting and preparing recyclable materials and
127.30reusing the materials in their original form or using them in manufacturing processes that
127.31do not cause the destruction of recyclable materials in a manner that precludes further use;
127.32(6) "retailer" means any person who offers architectural paint for sale at retail in
127.33the state;
128.1(7) "reuse" means donating or selling collected architectural paint back into the
128.2market for its original intended use, when the architectural paint retains its original
128.3purpose and performance characteristics;
128.4(8) "sale" or "sell" means transfer of title of architectural paint for consideration,
128.5including a remote sale conducted through a sales outlet, catalog, Web site, or similar
128.6electronic means. Sale or sell includes a lease through which architectural paint is
128.7provided to a consumer by a producer, wholesaler, or retailer;
128.8(9) "stewardship assessment" means the amount added to the purchase price of
128.9architectural paint sold in the state that is necessary to cover the cost of collecting,
128.10transporting, and processing postconsumer architectural paint by the producer or
128.11stewardship organization pursuant to a product stewardship program;
128.12(10) "stewardship organization" means an organization appointed by one or more
128.13producers to act as an agent on behalf of the producer to design, submit, and administer a
128.14product stewardship program under this section; and
128.15(11) "stewardship plan" means a detailed plan describing the manner in which a
128.16product stewardship program under subdivision 2 will be implemented.
128.17 Subd. 2. Product stewardship program. For architectural paint sold in the state,
128.18producers must, individually or through a stewardship organization, implement and
128.19finance a statewide product stewardship program that manages the architectural paint by
128.20reducing the paint's waste generation, promoting its reuse and recycling, and providing for
128.21negotiation and execution of agreements to collect, transport, and process the architectural
128.22paint for end-of-life recycling and reuse.
128.23 Subd. 3. Requirement for sale. (a) On and after July 1, 2014, or three months after
128.24program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
128.25or offer for sale in the state architectural paint unless the paint's producer participates in an
128.26approved stewardship plan, either individually or through a stewardship organization.
128.27(b) Each producer must operate a product stewardship program approved by the
128.28agency or enter into an agreement with a stewardship organization to operate, on the
128.29producer's behalf, a product stewardship program approved by the agency.
128.30 Subd. 4. Requirement to submit plan. (a) On or before March 1, 2014, and before
128.31offering architectural paint for sale in the state, a producer must submit a stewardship
128.32plan to the agency and receive approval of the plan or must submit documentation to the
128.33agency that demonstrates the producer has entered into an agreement with a stewardship
128.34organization to be an active participant in an approved product stewardship program as
128.35described in subdivision 2. A stewardship plan must include all elements required under
128.36subdivision 5.
129.1(b) An amendment to the plan, if determined necessary by the commissioner, must
129.2be submitted every five years.
129.3(c) It is the responsibility of the entities responsible for each stewardship plan to
129.4notify the agency within 30 days of any significant changes or modifications to the plan or
129.5its implementation. Within 30 days of the notification, a written plan revision must be
129.6submitted to the agency for review and approval.
129.7 Subd. 5. Stewardship plan content. A stewardship plan must contain:
129.8(1) certification that the product stewardship program will accept all discarded
129.9paint regardless of which producer produced the architectural paint and its individual
129.10components;
129.11(2) contact information for the individual and the entity submitting the plan, a list of
129.12all producers participating in the product stewardship program, and the brands covered by
129.13the product stewardship program;
129.14(3) a description of the methods by which the discarded paint will be collected in all
129.15areas in the state without relying on end-of-life fees, including an explanation of how the
129.16collection system will be convenient and adequate to serve the needs of small businesses
129.17and residents in both urban and rural areas on an ongoing basis and a discussion of how
129.18the existing household hazardous waste infrastructure will be considered when selecting
129.19collection sites;
129.20(4) a description of how the adequacy of the collection program will be monitored
129.21and maintained;
129.22(5) the names and locations of collectors, transporters, and recyclers that will
129.23manage discarded paint;
129.24(6) a description of how the discarded paint and the paint's components will be
129.25safely and securely transported, tracked, and handled from collection through final
129.26recycling and processing;
129.27(7) a description of the method that will be used to reuse, deconstruct, or recycle
129.28the discarded paint to ensure that the paint's components, to the extent feasible, are
129.29transformed or remanufactured into finished products for use;
129.30(8) a description of the promotion and outreach activities that will be used to
129.31encourage participation in the collection and recycling programs and how the activities'
129.32effectiveness will be evaluated and the program modified, if necessary;
129.33(9) the proposed stewardship assessment. The producer or stewardship organization
129.34shall propose a uniform stewardship assessment for any architectural paint sold in the
129.35state. The proposed stewardship assessment shall be reviewed by an independent auditor
129.36to ensure that the assessment does not exceed the costs of the product stewardship program
130.1and the independent auditor shall recommend an amount for the stewardship assessment.
130.2The agency must approve the stewardship assessment;
130.3(10) evidence of adequate insurance and financial assurance that may be required for
130.4collection, handling, and disposal operations;
130.5(11) five-year performance goals, including an estimate of the percentage of
130.6discarded paint that will be collected, reused, and recycled during each of the first five
130.7years of the stewardship plan. The performance goals must include a specific goal for the
130.8amount of discarded paint that will be collected and recycled and reused during each year
130.9of the plan. The performance goals must be based on:
130.10(i) the most recent collection data available for the state;
130.11(ii) the estimated amount of architectural paint disposed of annually;
130.12(iii) the weight of the architectural paint that is expected to be available for collection
130.13annually; and
130.14(iv) actual collection data from other existing stewardship programs.
130.15The stewardship plan must state the methodology used to determine these goals; and
130.16(12) a discussion of the status of end markets for collected architectural paint and
130.17what, if any, additional end markets are needed to improve the functioning of the program.
130.18 Subd. 6. Consultation required. Each stewardship organization or individual
130.19producer submitting a stewardship plan must consult with stakeholders including
130.20retailers, contractors, collectors, recyclers, local government, and customers during the
130.21development of the plan.
130.22 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
130.23stewardship plan, the agency shall determine whether the plan complies with subdivision
130.244. If the agency approves a plan, the agency shall notify the applicant of the plan approval
130.25in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
130.26the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
130.27submit a revised plan to the agency within 60 days after receiving notice of rejection.
130.28(b) Any proposed changes to a stewardship plan must be approved by the agency
130.29in writing.
130.30 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
130.31placed on the agency's Web site for at least 30 days and made available at the agency's
130.32headquarters for public review and comment.
130.33 Subd. 9. Conduct authorized. A producer or stewardship organization that
130.34organizes collection, transport, and processing of architectural paint under this section
130.35is immune from liability for the conduct under state laws relating to antitrust, restraint
130.36of trade, unfair trade practices, and other regulation of trade or commerce only to the
131.1extent that the conduct is necessary to plan and implement the producer's or organization's
131.2chosen organized collection or recycling system.
131.3 Subd. 10. Responsibility of producers. (a) On and after the date of implementation
131.4of a product stewardship program according to this section, a producer of architectural
131.5paint must add the stewardship assessment, as established under subdivision 5, clause (9),
131.6to the cost of architectural paint sold to retailers and distributors in the state by the producer.
131.7(b) Producers of architectural paint or the stewardship organization shall provide
131.8consumers with educational materials regarding the stewardship assessment and product
131.9stewardship program. The materials must include, but are not limited to, information
131.10regarding available end-of-life management options for architectural paint offered through
131.11the product stewardship program and information that notifies consumers that a charge
131.12for the operation of the product stewardship program is included in the purchase price of
131.13architectural paint sold in the state.
131.14 Subd. 11. Responsibility of retailers. (a) On and after July 1, 2014, or three months
131.15after program plan approval, whichever is sooner, no architectural paint may be sold in the
131.16state unless the paint's producer is participating in an approved stewardship plan.
131.17(b) On and after the implementation date of a product stewardship program
131.18according to this section, each retailer or distributor, as applicable, must ensure that the
131.19full amount of the stewardship assessment added to the cost of paint by producers under
131.20subdivision 10 is included in the purchase price of all architectural paint sold in the state.
131.21(c) Any retailer may participate, on a voluntary basis, as a designated collection
131.22point pursuant to a product stewardship program under this section and in accordance
131.23with applicable law.
131.24(d) No retailer or distributor shall be found to be in violation of this subdivision if,
131.25on the date the architectural paint was ordered from the producer or its agent, the producer
131.26was listed as compliant on the agency's Web site according to subdivision 14.
131.27 Subd. 12. Stewardship reports. Beginning October 1, 2015, producers of
131.28architectural paint sold in the state must individually or through a stewardship organization
131.29submit an annual report to the agency describing the product stewardship program. At a
131.30minimum, the report must contain:
131.31(1) a description of the methods used to collect, transport, and process architectural
131.32paint in all regions of the state;
131.33(2) the weight of all architectural paint collected in all regions of the state and a
131.34comparison to the performance goals and recycling rates established in the stewardship
131.35plan;
132.1(3) the amount of unwanted architectural paint collected in the state by method of
132.2disposition, including reuse, recycling, and other methods of processing;
132.3(4) samples of educational materials provided to consumers and an evaluation of the
132.4effectiveness of the materials and the methods used to disseminate the materials; and
132.5(5) an independent financial audit.
132.6 Subd. 13. Sales information. Sales information provided to the commissioner
132.7under this section is classified as private or nonpublic data, as specified in section
132.8115A.06, subdivision 13.
132.9 Subd. 14. Agency responsibilities. The agency shall provide, on its Web site, a
132.10list of all compliant producers and brands participating in stewardship plans that the
132.11agency has approved and a list of all producers and brands the agency has identified as
132.12noncompliant with this section.
132.13 Subd. 15. Local government responsibilities. (a) A city, county, or other public
132.14agency may choose to participate voluntarily in a product stewardship program.
132.15(b) Cities, counties, and other public agencies are encouraged to work with producers
132.16and stewardship organizations to assist in meeting product stewardship program reuse and
132.17recycling obligations, by providing education and outreach or using other strategies.
132.18(c) A city, county, or other public agency that participates in a product stewardship
132.19program must report for the first year of the program to the agency using the reporting
132.20form provided by the agency on the cost savings as a result of participation and describe
132.21how the savings were used.
132.22 Subd. 16. Administrative fee. (a) The stewardship organization or individual
132.23producer submitting a stewardship plan shall pay an annual administrative fee to the
132.24commissioner. The agency may establish a variable fee based on relevant factors,
132.25including, but not limited to, the portion of architectural paint sold in the state by members
132.26of the organization compared to the total amount of architectural paint sold in the state by
132.27all organizations submitting a stewardship plan.
132.28 (b) Prior to July 1, 2014, and before July 1 annually thereafter, the agency shall
132.29identify the costs it incurs under this section. The agency shall set the fee at an amount
132.30that, when paid by every stewardship organization or individual producer that submits a
132.31stewardship plan, is adequate to reimburse the agency's full costs of administering this
132.32section. The total amount of annual fees collected under this subdivision must not exceed
132.33the amount necessary to reimburse costs incurred by the agency to administer this section.
132.34 (c) A stewardship organization or individual producer subject to this subdivision
132.35must pay the agency's administrative fee under paragraph (a) on or before July 1, 2014 and
132.36annually thereafter. Each year after the initial payment, the annual administrative fee may
133.1not exceed five percent of the aggregate stewardship assessment added to the cost of all
133.2architectural paint sold by producers in the state for the preceding calendar year.
133.3 (d) All fees received under this section shall be deposited to the state treasury and
133.4credited to a product stewardship account in the Special Revenue Fund. Money in the
133.5account is appropriated to the commissioner for the purpose of reimbursing the agency's
133.6costs incurred to administer this section.
133.7 Sec. 98.
[115A.142] PRIMARY BATTERIES; PRODUCT STEWARDSHIP
133.8PROGRAM; STEWARDSHIP PLAN.
133.9 Subdivision 1. Definitions. For purposes of this section, the following terms have
133.10the meaning given:
133.11(1) "brand" means a name, symbol, word, or mark that identifies a primary battery,
133.12rather than its components, and attributes the battery to the owner or licensee of the brand
133.13as the producer;
133.14(2) "discarded battery" means a primary battery that is no longer used for its
133.15manufactured purpose;
133.16 (3) "primary battery" means a battery weighing two kilograms or less that is not
133.17designed to be electrically recharged, including, but not limited to, alkaline manganese,
133.18carbon zinc, lithium, silver oxide, and zinc air batteries. Nonremovable batteries and
133.19medical devices as defined in the federal Food, Drug, and Cosmetic Act, United States
133.20Code, title 21, section 321, paragraph (h), as amended, are exempted from this definition.
133.21(4) "producer" means a person that:
133.22(i) has legal ownership of the brand, brand name, or cobrand of a primary battery
133.23sold in the state;
133.24(ii) imports a primary battery branded by a producer that meets subclause (i) when
133.25the producer has no physical presence in the United States;
133.26(iii) if subclauses (i) and (ii) do not apply, makes an unbranded primary battery
133.27that is sold in the state; or
133.28(iv) sells a primary battery at wholesale or retail, does not have legal ownership
133.29of the brand, and elects to fulfill the responsibilities of the producer for the battery by
133.30certifying that election in writing to the commissioner;
133.31(5) "recycling" means the process of collecting and preparing recyclable materials and
133.32reusing the materials in their original form or using them in manufacturing processes that
133.33do not cause the destruction of recyclable materials in a manner that precludes further use;
133.34(6) "retailer" means any person who offers primary batteries for sale at retail in
133.35the state;
134.1(7) "sale" or "sell" means transfer of title of a primary battery for consideration,
134.2including a remote sale conducted through a sales outlet, catalog, Web site, or similar
134.3electronic means. Sale or sell includes a lease through which a primary battery is provided
134.4to a consumer by a producer, wholesaler, or retailer;
134.5(8) "stewardship organization" means an organization appointed by one or more
134.6producers to act as an agent on behalf of the producer to design, submit, and administer a
134.7product stewardship program under this section; and
134.8(9) "stewardship plan" means a detailed plan describing the manner in which a
134.9product stewardship program under subdivision 2 will be implemented.
134.10 Subd. 2. Product stewardship program. For each primary battery sold in the
134.11state, producers must, individually or through a stewardship organization, implement
134.12and finance a statewide product stewardship program that manages primary batteries by
134.13reducing primary battery waste generation, promoting primary battery recycling, and
134.14providing for negotiation and execution of agreements to collect, transport, and process
134.15primary batteries for end-of-life recycling.
134.16 Subd. 3. Requirement for sale. (a) On and after December 1, 2014, or three months
134.17after program plan approval, whichever is sooner, no producer, wholesaler, or retailer may
134.18sell or offer for sale in the state a primary battery unless the battery's producer participates
134.19in an approved stewardship plan, either individually or through a stewardship organization.
134.20(b) Each producer must operate a product stewardship program approved by the
134.21agency or enter into an agreement with a stewardship organization to operate, on the
134.22producer's behalf, a product stewardship program approved by the agency.
134.23 Subd. 4. Requirement to submit plan. (a) On or before August 1, 2014, and before
134.24offering a primary battery for sale in the state, a producer must submit a stewardship
134.25plan to the agency and receive approval of the plan or must submit documentation to the
134.26agency that demonstrates the producer has entered into an agreement with a stewardship
134.27organization to be an active participant in an approved product stewardship program as
134.28described in subdivision 2. A stewardship plan must include all elements required under
134.29subdivision 5.
134.30(b) An amendment to the plan, if determined necessary by the commissioner, must
134.31be submitted every five years.
134.32(c) It is the responsibility of the entities responsible for each stewardship plan to
134.33notify the agency within 30 days of any significant changes or modifications to the plan or
134.34its implementation. Within 30 days of the notification, a written plan revision must be
134.35submitted to the agency for review and approval.
134.36 Subd. 5. Stewardship plan content. A stewardship plan must contain:
135.1(1) certification that the product stewardship program will accept discarded primary
135.2batteries regardless of which producer produced the batteries and their individual
135.3components;
135.4(2) contact information for the individual and the entity submitting the plan, a list of
135.5all producers participating in the product stewardship program, and the brands covered by
135.6the product stewardship program;
135.7(3) a description of the methods by which the discarded primary batteries will
135.8be collected in all areas in the state without relying on end-of-life fees, including an
135.9explanation of how the collection system will be convenient and adequate to serve the
135.10needs of small businesses and residents in both urban and rural areas on an ongoing basis;
135.11(4) a description of how the adequacy of the collection program will be monitored
135.12and maintained;
135.13(5) the names and locations of collectors, transporters, and recyclers that will
135.14manage discarded batteries;
135.15(6) a description of how the discarded primary batteries and the batteries'
135.16components will be safely and securely transported, tracked, and handled from collection
135.17through final recycling and processing;
135.18(7) a description of the method that will be used to recycle the discarded primary
135.19batteries to ensure that the batteries' components, to the extent feasible, are transformed or
135.20remanufactured into finished batteries for use;
135.21(8) a description of the promotion and outreach activities that will be used to
135.22encourage participation in the collection and recycling programs and how the activities'
135.23effectiveness will be evaluated and the program modified, if necessary;
135.24(9) evidence of adequate insurance and financial assurance that may be required for
135.25collection, handling, and disposal operations;
135.26(10) five-year performance goals, including an estimate of the percentage of
135.27discarded primary batteries that will be collected, reused, and recycled during each of the
135.28first five years of the stewardship plan. The performance goals must include a specific
135.29escalating goal for the amount of discarded primary batteries that will be collected and
135.30recycled during each year of the plan. The performance goals must be based on:
135.31(i) the most recent collection data available for the state;
135.32(ii) the estimated amount of primary batteries disposed of annually;
135.33(iii) the weight of primary batteries that is expected to be available for collection
135.34annually;
135.35(iv) actual collection data from other existing stewardship programs; and
135.36 (v) the market share of the producers participating in the plan.
136.1The stewardship plan must state the methodology used to determine these goals; and
136.2(11) a discussion of the status of end markets for discarded batteries and what, if any,
136.3additional end markets are needed to improve the functioning of the program.
136.4 Subd. 6. Consultation required. Each stewardship organization or individual
136.5producer submitting a stewardship plan must consult with stakeholders including retailers,
136.6collectors, recyclers, local government, and customers during the development of the plan.
136.7 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
136.8stewardship plan, the agency shall determine whether the plan complies with subdivision
136.95. If the agency approves a plan, the agency shall notify the applicant of the plan approval
136.10in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
136.11the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
136.12submit a revised plan to the agency within 60 days after receiving notice of rejection.
136.13(b) Any proposed changes to a stewardship plan must be approved by the agency
136.14in writing.
136.15 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
136.16placed on the agency's Web site for at least 30 days and made available at the agency's
136.17headquarters for public review and comment.
136.18 Subd. 9. Conduct authorized. A producer or stewardship organization that
136.19organizes collection, transport, and processing of primary batteries under this section
136.20is immune from liability for the conduct under state laws relating to antitrust, restraint
136.21of trade, unfair trade practices, and other regulation of trade or commerce only to the
136.22extent that the conduct is necessary to plan and implement the producer's or organization's
136.23chosen organized collection or recycling system.
136.24 Subd. 10. Responsibility of retailers. (a) On and after December 1, 2014, or three
136.25months after program plan approval, whichever is sooner, no primary battery may be sold
136.26in the state unless the battery's producer is participating in an approved stewardship plan.
136.27(b) Any retailer may participate, on a voluntary basis, as a designated collection
136.28point pursuant to a product stewardship program under this section and in accordance
136.29with applicable law.
136.30(c) No retailer or distributor shall be found to be in violation of this subdivision if,
136.31on the date the primary battery was ordered from the producer or its agent, the producer
136.32was listed as compliant on the agency's Web site according to subdivision 12.
136.33 Subd. 11. Stewardship reports. Beginning March 1, 2016, producers of primary
136.34batteries sold in the state must individually or through a stewardship organization
136.35submit an annual report to the agency describing the product stewardship program. At a
136.36minimum, the report must contain:
137.1(1) a description of the methods used to collect, transport, and process primary
137.2batteries in all regions of the state;
137.3(2) the weight of all primary batteries collected in all regions of the state and a
137.4comparison to the performance goals and recycling rates established in the stewardship
137.5plan;
137.6(3) the amount of discarded primary batteries collected in the state by method of
137.7disposition, including recycling, and other methods of processing;
137.8(4) samples of educational materials provided to consumers and an evaluation of the
137.9effectiveness of the materials and the methods used to disseminate the materials; and
137.10(5) an independent financial audit of the stewardship organization.
137.11 Subd. 12. Agency responsibilities. The agency shall provide, on its Web site, a
137.12list of all compliant producers and brands participating in stewardship plans that the
137.13agency has approved and a list of all producers and brands the agency has identified as
137.14noncompliant with this section.
137.15 Subd. 13. Sales information. Sales information provided to the commissioner
137.16under this section is classified as private or nonpublic data, as specified in section
137.17115A.06, subdivision 13.
137.18 Subd. 14. Local government responsibilities. (a) A city, county, or other public
137.19agency may choose to participate voluntarily in a product stewardship program.
137.20(b) Cities, counties, and other public agencies are encouraged to work with producers
137.21and stewardship organizations to assist in meeting product stewardship program recycling
137.22obligations, by providing education and outreach or using other strategies.
137.23(c) A city, county, or other public agency that participates in a product stewardship
137.24program must report for the first year of the program to the agency using the reporting
137.25form provided by the agency on the cost savings as a result of participation and describe
137.26how the savings were used.
137.27 Subd. 15. Administrative fee. (a) The stewardship organization or individual
137.28producer submitting a stewardship plan shall pay an annual administrative fee to the
137.29commissioner. The agency may establish a variable fee based on relevant factors,
137.30including, but not limited to, the portion of primary batteries sold in the state by members
137.31of the organization compared to the total amount of primary batteries sold in the state by
137.32all organizations submitting a stewardship plan.
137.33(b) Prior to July 1, 2015, and before July 1 annually thereafter, the agency shall
137.34identify the costs it incurs under this section. The agency shall set the fee at an amount
137.35that, when paid by every stewardship organization or individual producer that submits a
137.36stewardship plan, is adequate to reimburse the agency's full costs of administering this
138.1section. The total amount of annual fees collected under this subdivision must not exceed
138.2the amount necessary to reimburse costs incurred by the agency to administer this section.
138.3(c) A stewardship organization or individual producer subject to this subdivision
138.4must pay the agency's administrative fee under paragraph (a) on or before July 1, 2015
138.5and annually thereafter.
138.6(d) All fees received under this section shall be deposited to the state treasury and
138.7credited to a product stewardship account in the Special Revenue Fund. Money in the
138.8account is appropriated to the commissioner for the purpose of reimbursing the agency's
138.9costs incurred to administer this section.
138.10 Subd. 16. Exemption; medical device. The requirements of this section do not
138.11apply to a medical device as defined in the Food, Drug, and Cosmetic Act, United States
138.12Code, title 21, section 321, paragraph (h).
138.13 Subd. 17. Private enforcement. (a) The operator of a statewide product stewardship
138.14program established under subdivision 2 that incurs costs exceeding $5,000 to collect,
138.15handle, recycle, or properly dispose of discarded primary batteries sold or offered for sale
138.16in Minnesota by a producer who does not implement its own program or participate in a
138.17program implemented by a stewardship organization, may bring a civil action or actions
138.18to recover costs and fees as specified in paragraph (b) from each nonimplementing or
138.19nonparticipating producer who can reasonably be identified from a brand or marking on a
138.20used consumer battery or from other information.
138.21 (b) An action under paragraph (a) may be brought against one or more primary
138.22battery producers, provided that no such action may be commenced:
138.23 (1) prior to 60 days after written notice of the operator's intention to file suit has been
138.24provided to the agency and the defendant or defendants; or
138.25 (2) if the agency has commenced enforcement actions under subdivision 10 and is
138.26diligently pursuing such actions.
138.27 (c) In any action under paragraph (b), the plaintiff operator may recover from
138.28a defendant nonimplementing or nonparticipating primary battery producer costs the
138.29plaintiff incurred to collect, handle, recycle, or properly dispose of primary batteries
138.30reasonably identified as having originated from the defendant, plus the plaintiff's attorney
138.31fees and litigation costs.
138.32 Sec. 99.
[115A.1425] REPORT TO LEGISLATURE AND GOVERNOR.
138.33As part of the report required under section 115A.121, the commissioner of the
138.34Pollution Control Agency shall provide a report to the governor and the legislature on the
138.35implementation of sections 115A.141, 115A.1415, and 115A.142.
139.1 Sec. 100. Minnesota Statutes 2012, section 115B.20, subdivision 6, is amended to read:
139.2 Subd. 6.
Report to legislature. Each year By January 31 of each odd-numbered
139.3year, the commissioner of agriculture and the agency shall submit to the senate Finance
139.4Committee, the house of representatives Ways and Means Committee, the Environment
139.5and Natural Resources Committees of the senate and house of representatives, the Finance
139.6Division of the senate Committee on Environment and Natural Resources, and the house
139.7of representatives Committee on Environment and Natural Resources Finance, and the
139.8Environmental Quality Board a report detailing the activities for which money has been
139.9spent pursuant to this section during the previous fiscal year.
139.10EFFECTIVE DATE.This section is effective July 1, 2013.
139.11 Sec. 101. Minnesota Statutes 2012, section 115B.28, subdivision 1, is amended to read:
139.12 Subdivision 1.
Duties. In addition to performing duties specified in sections
139.13115B.25
to
115B.37 or in other law, and subject to the limitations on disclosure contained
139.14in section
115B.35, the agency shall:
139.15(1) adopt rules, including rules governing practice and procedure before the agency,
139.16the form and procedure for applications for compensation, and procedures for claims
139.17investigations;
139.18(2) publicize the availability of compensation and application procedures on a
139.19statewide basis with special emphasis on geographical areas surrounding sites identified
139.20by the agency as having releases from a facility where a harmful substance was placed or
139.21came to be located prior to July 1, 1983;
139.22(3) collect, analyze, and make available to the public, in consultation with the
139.23Department of Health, the Pollution Control Agency, the University of Minnesota Medical
139.24and Public Health Schools, and the medical community, data regarding injuries relating to
139.25exposure to harmful substances; and
139.26(4) prepare and transmit
by December 31 of each year to the governor and the
139.27legislature an annual legislative report
required under section 115B.20, subdivision
139.286, to include (i) a summary of agency activity under clause (3); (ii) data determined
139.29by the agency from actual cases, including but not limited to number of cases, actual
139.30compensation received by each claimant, types of cases, and types of injuries compensated,
139.31as they relate to types of harmful substances as well as length of exposure, but excluding
139.32identification of the claimants; (iii) all administrative costs associated with the business of
139.33the agency; and (iv) agency recommendations for legislative changes, further study, or any
139.34other recommendation aimed at improving the system of compensation.
140.1 Sec. 102. Minnesota Statutes 2012, section 115C.02, subdivision 4, is amended to read:
140.2 Subd. 4.
Corrective action. "Corrective action" means an action taken to minimize,
140.3eliminate, or clean up a release to protect the public health and welfare or the environment.
140.4 Corrective action may include environmental covenants pursuant to chapter 114E, an
140.5affidavit required under section 116.48, subdivision 6, or similar notice of a release
140.6recorded with real property records.
140.7 Sec. 103. Minnesota Statutes 2012, section 115C.08, subdivision 4, is amended to read:
140.8 Subd. 4.
Expenditures. (a) Money in the fund may only be spent:
140.9(1) to administer the petroleum tank release cleanup program established in this
140.10chapter;
140.11(2) for agency administrative costs under sections
116.46 to
116.50, sections
140.12115C.03
to
115C.06, and costs of corrective action taken by the agency under section
140.13115C.03
, including investigations;
140.14(3) for costs of recovering expenses of corrective actions under section
115C.04;
140.15(4) for training, certification, and rulemaking under sections
116.46 to
116.50;
140.16(5) for agency administrative costs of enforcing rules governing the construction,
140.17installation, operation, and closure of aboveground and underground petroleum storage
140.18tanks;
140.19(6) for reimbursement of the environmental response, compensation, and compliance
140.20account under subdivision 5 and section
115B.26, subdivision 4;
140.21(7) for administrative and staff costs as set by the board to administer the petroleum
140.22tank release program established in this chapter;
140.23(8) for corrective action performance audits under section
115C.093;
140.24(9) for contamination cleanup grants, as provided in paragraph (c);
140.25(10) to assess and remove abandoned underground storage tanks under section
140.26115C.094
and, if a release is discovered, to pay for the specific consultant and contractor
140.27services costs necessary to complete the tank removal project, including, but not limited
140.28to, excavation soil sampling, groundwater sampling, soil disposal, and completion of
140.29an excavation report; and
140.30(11)
for property acquisition by the agency when the agency has determined that
140.31purchasing a property where a release has occurred is the most appropriate corrective
140.32action. The to acquire interests in real or personal property, including easements,
140.33environmental covenants under chapter 114E, and leases, that the agency determines are
140.34necessary for corrective actions or to ensure the protectiveness of corrective actions. A
140.35donation of an interest in real property to the agency is not effective until the agency
141.1executes a certificate of acceptance. The state is not liable under this chapter solely as a
141.2result of acquiring an interest in real property under this clause. Agency approval of an
141.3environmental covenant under chapter 114E is sufficient evidence of acceptance of an
141.4interest in real property when the agency is expressly identified as a holder in the covenant.
141.5 Acquisition of
all properties real property under this clause, except environmental
141.6covenants under chapter 114E, is subject to approval by the board.
141.7(b) Except as provided in paragraph (c), money in the fund is appropriated to the
141.8board to make reimbursements or payments under this section.
141.9(c) In fiscal years 2010 and 2011, $3,700,000 is annually appropriated from the fund
141.10to the commissioner of employment and economic development for contamination cleanup
141.11grants under section
116J.554. Beginning in fiscal year 2012 and each year thereafter,
141.12$6,200,000 is annually appropriated from the fund to the commissioner of employment
141.13and economic development for contamination cleanup grants under section
116J.554. Of
141.14this amount, the commissioner may spend up to $225,000 annually for administration
141.15of the contamination cleanup grant program. The appropriation does not cancel and is
141.16available until expended. The appropriation shall not be withdrawn from the fund nor the
141.17fund balance reduced until the funds are requested by the commissioner of employment
141.18and economic development. The commissioner shall schedule requests for withdrawals
141.19from the fund to minimize the necessity to impose the fee authorized by subdivision 2.
141.20Unless otherwise provided, the appropriation in this paragraph may be used for:
141.21(1) project costs at a qualifying site if a portion of the cleanup costs are attributable
141.22to petroleum contamination or new and used tar and tar-like substances, including but not
141.23limited to bitumen and asphalt, but excluding bituminous or asphalt pavement, that consist
141.24primarily of hydrocarbons and are found in natural deposits in the earth or are distillates,
141.25fractions, or residues from the processing of petroleum crude or petroleum products as
141.26defined in section
296A.01; and
141.27(2) the costs of performing contamination investigation if there is a reasonable basis
141.28to suspect the contamination is attributable to petroleum or new and used tar and tar-like
141.29substances, including but not limited to bitumen and asphalt, but excluding bituminous or
141.30asphalt pavement, that consist primarily of hydrocarbons and are found in natural deposits
141.31in the earth or are distillates, fractions, or residues from the processing of petroleum crude
141.32or petroleum products as defined in section
296A.01.
141.33 Sec. 104. Minnesota Statutes 2012, section 115C.08, is amended by adding a
141.34subdivision to read:
142.1 Subd. 6. Disposition of property acquired for corrective action. (a) If the
142.2commissioner determines that real or personal property acquired by the agency for a
142.3corrective action is no longer needed for corrective action purposes, the commissioner may:
142.4(1) request the commissioner of administration to dispose of the property according
142.5to sections 16B.281 to 16B.287, subject to conditions the commissioner of the Pollution
142.6Control Agency determines necessary to protect the public health and welfare and the
142.7environment or to comply with federal law;
142.8(2) transfer the property to another state agency, a political subdivision, or a special
142.9purpose district as provided in paragraph (b); or
142.10(3) if required by federal law, take actions and dispose of the property according
142.11to federal law.
142.12(b) If the commissioner determines that real or personal property acquired by
142.13the agency for a corrective action must be operated, maintained, or monitored after
142.14completion of other phases of the corrective action, the commissioner may transfer
142.15ownership of the property to another state agency, a political subdivision, or a special
142.16purpose district that agrees to accept the property. A state agency, political subdivision,
142.17or special purpose district may accept and implement terms and conditions of a transfer
142.18under this paragraph. The commissioner may set terms and conditions for the transfer
142.19that the commissioner considers reasonable and necessary to ensure proper operation,
142.20maintenance, and monitoring of corrective actions; protect the public health and welfare
142.21and the environment; and comply with applicable federal and state laws and regulations.
142.22The state agency, political subdivision, or special purpose district to which the property is
142.23transferred is not liable under this chapter solely as a result of acquiring the property or
142.24acting in accordance with the terms and conditions of transfer.
142.25(c) The proceeds of a sale or other transfer of property under this subdivision
142.26by the commissioner or by the commissioner of administration shall be deposited in
142.27the petroleum tank fund or other appropriate fund. Any share of the proceeds that the
142.28agency is required by federal law or regulation to reimburse to the federal government is
142.29appropriated from the fund to the agency for the purpose. Section 16B.287, subdivision 1,
142.30does not apply to real property that is sold by the commissioner of administration and that
142.31was acquired under subdivision 4, clause (11).
142.32 Sec. 105. Minnesota Statutes 2012, section 115D.10, is amended to read:
142.33115D.10 TOXIC POLLUTION PREVENTION EVALUATION REPORT.
142.34The commissioner, in cooperation with the commission, shall report to
142.35the Environment and Natural Resources Committees of the senate and house of
143.1representatives, the Finance Division of the senate Committee on Environment and
143.2Natural Resources, and the house of representatives Committee on Environment and
143.3Natural Resources Finance on progress being made in achieving the objectives of sections
143.4115D.01
to
115D.12. The report must be
submitted by February 1 of each even-numbered
143.5year done in conjunction with the report required under section 115A.121.
143.6 Sec. 106. Minnesota Statutes 2012, section 116.48, subdivision 6, is amended to read:
143.7 Subd. 6.
Affidavit. (a) Before transferring ownership of property that the owner
143.8knows contains an underground or aboveground storage tank or contained an underground
143.9or aboveground storage tank that had a release for which no corrective action was taken
or
143.10if required by the agency as a condition of a corrective action under chapter 115C, the
143.11owner shall record with the county recorder or registrar of titles of the county in which the
143.12property is located an affidavit containing:
143.13(1) a legal description of the property where the tank is located;
143.14(2) a description of the tank, of the location of the tank, and of any known release
143.15from the tank of a regulated substance
to the full extent known or reasonably ascertainable;
143.16(3) a description of any restrictions currently in force on the use of the property
143.17resulting from any release; and
143.18(4) the name of the owner.
143.19(b) The county recorder shall record the affidavits in a manner that will insure
143.20their disclosure in the ordinary course of a title search of the subject property. Before
143.21transferring ownership of property that the owner knows contains an underground or
143.22aboveground storage tank, the owner shall deliver to the purchaser a copy of the affidavit
143.23and any additional information necessary to make the facts in the affidavit accurate as of
143.24the date of transfer of ownership.
143.25(c) Failure to record an affidavit as provided in this subdivision does not affect or
143.26prevent any transfer of ownership of the property.
143.27 Sec. 107. Minnesota Statutes 2012, section 116C.03, subdivision 2, is amended to read:
143.28 Subd. 2.
Membership. The members of the board are the
director of the Office of
143.29Strategic and Long-Range Planning commissioner of administration, the commissioner
143.30of commerce, the commissioner of the Pollution Control Agency, the commissioner
143.31of natural resources, the commissioner of agriculture, the commissioner of health,
143.32the commissioner of employment and economic development, the commissioner of
143.33transportation, the chair of the Board of Water and Soil Resources, and a representative of
143.34the governor's office designated by the governor. The governor shall appoint five members
144.1from the general public to the board, subject to the advice and consent of the senate.
144.2At least two of the five public members must have knowledge of and be conversant in
144.3water management issues in the state. Notwithstanding the provisions of section
15.06,
144.4subdivision 6
, members of the board may not delegate their powers and responsibilities as
144.5board members to any other person.
144.6 Sec. 108. Minnesota Statutes 2012, section 116C.03, subdivision 4, is amended to read:
144.7 Subd. 4.
Support. Staff and consultant support for board activities shall be provided
144.8by the
Office of Strategic and Long-Range Planning Pollution Control Agency. This
144.9support shall be provided based upon an annual budget and work program developed by
144.10the board and certified to the commissioner by the chair of the board. The board shall
144.11have the authority to request and require staff support from all other agencies of state
144.12government as needed for the execution of the responsibilities of the board.
144.13 Sec. 109. Minnesota Statutes 2012, section 116C.03, subdivision 5, is amended to read:
144.14 Subd. 5.
Administration. The board shall contract with the
Office of Strategic and
144.15Long-Range Planning Pollution Control Agency for administrative services necessary to
144.16the board's activities. The services shall include personnel, budget, payroll and contract
144.17administration.
144.18 Sec. 110.
[116C.99] SILICA SAND MINING MODEL STANDARDS AND
144.19CRITERIA.
144.20 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
144.21(a) "Local unit of government" means a county, statutory or home rule charter city,
144.22or town.
144.23(b) "Mining" means excavating and mining silica sand by any process, including
144.24digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or by shaft.
144.25(c) "Processing" means washing, cleaning, screening, crushing, filtering, sorting,
144.26processing, stockpiling, and storing silica sand, either at the mining site or at any other site.
144.27(d) "Silica sand" means well-rounded, sand-sized grains of quartz (silicon dioxide),
144.28with very little impurities in terms of other minerals. Specifically, the silica sand for the
144.29purposes of this section is commercially valuable for use in the hydraulic fracturing of
144.30shale to obtain oil and natural gas. Silica sand does not include common rock, stone,
144.31aggregate, gravel, sand with a low quartz level, or silica compounds recovered as a
144.32by-product of metallic mining.
145.1(e) "Silica sand project" means the excavation and mining and processing of silica
145.2sand; the washing, cleaning, screening, crushing, filtering, drying, sorting, stockpiling,
145.3and storing of silica sand, either at the mining site or at any other site; the hauling and
145.4transporting of silica sand; or a facility for transporting silica sand to destinations by rail,
145.5barge, truck, or other means of transportation.
145.6(f) "Temporary storage" means the storage of stock piles of silica sand that have
145.7been transported and await further transport.
145.8(g) "Transporting" means hauling and transporting silica sand, by any carrier:
145.9(1) from the mining site to a processing or transfer site; or
145.10(2) from a processing or storage site to a rail, barge, or transfer site for transporting
145.11to destinations.
145.12 Subd. 2. Standards and criteria. (a) By October 1, 2013, the Environmental
145.13Quality Board, in consultation with local units of government, shall develop model
145.14standards and criteria for mining, processing, and transporting silica sand. These standards
145.15and criteria may be used by local units of government in developing local ordinances.
145.16The standards and criteria must include:
145.17(1) recommendations for setbacks or buffers for mining operation and processing,
145.18including:
145.19(i) any residence or residential zoning district boundary;
145.20(ii) any property line or right-of-way line of any existing or proposed street or
145.21highway;
145.22(iii) ordinary high water levels of public waters;
145.23(iv) bluffs;
145.24(v) designated trout streams, Class 2A water as designated in the rules of the
145.25Pollution Control Agency, or any perennially flowing tributary of a designated trout
145.26stream or Class 2A water;
145.27(vi) calcareous fens;
145.28(vii) wellhead protection areas as defined in section 103I.005;
145.29(viii) critical natural habitat acquired by the commissioner of natural resources
145.30under section 84.944; and
145.31(ix) a natural resource easement paid wholly or in part by public funds;
145.32(2) standards for hours of operation;
145.33(3) groundwater and surface water quality and quantity monitoring and mitigation
145.34plan requirements, including:
145.35(i) applicable groundwater and surface water appropriation permit requirements;
145.36(ii) well sealing requirements;
146.1(iii) annual submission of monitoring well data; and
146.2(iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events;
146.3(4) air monitoring and data submission requirements;
146.4(5) dust control requirements;
146.5(6) noise testing and mitigation plan requirements;
146.6(7) blast monitoring plan requirements;
146.7(8) lighting requirements;
146.8(9) inspection requirements;
146.9(10) containment requirements for silica sand in temporary storage to protect air
146.10and water quality;
146.11(11) containment requirements for chemicals used in processing;
146.12(12) financial assurance requirements;
146.13(13) road and bridge impacts and requirements; and
146.14(14) reclamation plan requirements as required under the rules adopted by the
146.15commissioner of natural resources.
146.16 Subd. 3. Silica sand technical assistance team. By October 1, 2013, the
146.17Environmental Quality Board shall assemble a silica sand technical assistance team
146.18to provide local units of government, at their request, with assistance with ordinance
146.19development, zoning, environmental review and permitting, monitoring, or other issues
146.20arising from silica sand mining and processing operations. The technical assistance team
146.21shall be comprised of up to seven members, and shall be chosen from the following
146.22entities: the Department of Natural Resources, the Pollution Control Agency, the Board of
146.23Water and Soil Resources, the Department of Health, the Department of Transportation,
146.24the University of Minnesota, and the Minnesota State Colleges and Universities. A
146.25majority of the members must be from a state agency and have expertise in one or more of
146.26the following areas: silica sand mining, hydrology, air quality, water quality, land use, or
146.27other areas related to silica sand mining.
146.28 Subd. 4. Consideration of technical assistance team recommendations. (a) When
146.29the technical assistance team, at the request of the local unit of government, assembles
146.30findings or makes a recommendation related to a proposed silica sand project for the
146.31protection of human health and the environment, a local government unit must consider
146.32the findings or recommendations of the technical assistance team in its approval or denial
146.33of a silica sand project. If the local government unit does not agree with the technical
146.34assistance team's findings and recommendations, the detailed reasons for the disagreement
146.35must be part of the local government unit's record of decision.
147.1(b) Silica sand project proposers must cooperate in providing local government unit
147.2staff, and members of the technical assistance team with information regarding the project.
147.3EFFECTIVE DATE.This section is effective the day following final enactment.
147.4 Sec. 111.
[116C.991] TECHNICAL ASSISTANCE, ORDINANCE, AND PERMIT
147.5LIBRARY.
147.6By October 1, 2013, the Environmental Quality Board, in consultation with local
147.7units of government, shall create and maintain a library on local government ordinances
147.8and local government permits that have been approved for regulation of silica sand
147.9projects for reference by local governments.
147.10 Sec. 112. Minnesota Statutes 2012, section 116D.04, is amended by adding a
147.11subdivision to read:
147.12 Subd. 16. Groundwater; environmental assessment worksheets. When an
147.13environmental assessment worksheet is required for a proposed action that has the
147.14potential to require a groundwater appropriation permit from the commissioner of natural
147.15resources, the board shall require that the environmental assessment worksheet include an
147.16assessment of the water resources available for appropriation.
147.17 Sec. 113. Minnesota Statutes 2012, section 168.1296, subdivision 1, is amended to read:
147.18 Subdivision 1.
General requirements and procedures. (a) The commissioner shall
147.19issue critical habitat plates to an applicant who:
147.20(1) is a registered owner of a passenger automobile as defined in section
168.002,
147.21subdivision 24, or recreational vehicle as defined in section
168.002, subdivision 27;
147.22(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
147.23(3) pays the registration tax required under section
168.013;
147.24(4) pays the fees required under this chapter;
147.25(5) contributes a minimum of
$30 $40 annually to the Minnesota critical habitat
147.26private sector matching account established in section
84.943; and
147.27(6) complies with this chapter and rules governing registration of motor vehicles
147.28and licensing of drivers.
147.29(b) The critical habitat plate application must indicate that the annual contribution
147.30specified under paragraph (a), clause (5), is a minimum contribution to receive the plate
147.31and that the applicant may make an additional contribution to the account.
148.1(c) Owners of recreational vehicles under paragraph (a), clause (1), are eligible
148.2only for special critical habitat license plates for which the designs are selected under
148.3subdivision 2, on or after January 1, 2006.
148.4(d) Special critical habitat license plates, the designs for which are selected under
148.5subdivision 2, on or after January 1, 2006, may be personalized according to section
148.6168.12, subdivision 2a
.
148.7 Sec. 114. Minnesota Statutes 2012, section 473.846, is amended to read:
148.8473.846 REPORTS REPORT TO LEGISLATURE.
148.9The agency shall submit to the senate and house of representatives committees
148.10having jurisdiction over environment and natural resources
separate reports a report
148.11 describing the activities for which money for landfill abatement has been spent under
148.12sections section
473.844 and
473.845. The report
for section
473.844 expenditures shall be
148.13included in the report required by section
115A.411, and shall include recommendations
148.14on the future management and use of the metropolitan landfill abatement account.
By
148.15December 31 of each year, the commissioner shall submit the report for section
473.845
148.16 on contingency action trust fund activities.
148.17 Sec. 115. Laws 2012, chapter 249, section 11, is amended to read:
148.18 Sec. 11.
COSTS OF SCHOOL TRUST LANDS DIRECTOR AND
148.19LEGISLATIVE PERMANENT SCHOOL FUND COMMISSION.
148.20(a) The costs of the school trust lands director, including the costs of hiring staff,
148.21and the Legislative Permanent School Fund Commission for fiscal years 2014 and 2015
148.22shall be from the
state forest development account under Minnesota Statutes, section
148.2316A.125, and from the minerals management account under Minnesota Statutes, section
148.2493.2236
, as appropriated by the legislature.
148.25(b) The school trust lands director and the Legislative Permanent School Fund
148.26Commission shall submit to the 2014 legislature a proposal to fund the operational costs
148.27of the Legislative Permanent School Fund Commission and school trust lands director
148.28and staff with a cost certification method using revenues generated by the permanent
148.29school fund lands.
148.30EFFECTIVE DATE.This section is effective July 1, 2013.
148.31 Sec. 116.
NORTH MISSISSIPPI REGIONAL PARK.
149.1(a) The boundaries of the North Mississippi Regional Park are extended to include
149.2the approximately 20.82 acres of land adjacent to the existing park known as Webber Park
149.3and that part of Shingle Creek that flows through Webber Park and continues through
149.4North Mississippi Regional Park into the Mississippi River.
149.5(b) Funds appropriated for North Mississippi Regional Park may be expended to
149.6provide for visitor amenities, including construction of a natural filtration swimming
149.7pool and a building for park users.
149.8EFFECTIVE DATE.This section is effective the day after the governing body of
149.9the Minneapolis Park and Recreation Board and its chief clerical officer timely complete
149.10their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
149.11 Sec. 117.
WASTEWATER TREATMENT SYSTEMS; BENEFICIAL USE.
149.12The Pollution Control Agency shall apply the following criteria to wastewater
149.13treatment system projects:
149.14(1) 30 points shall be assigned if a project will result in an agency approved
149.15beneficial use of treated wastewater to reduce or replace an existing or proposed use of
149.16surface water or ground water, not including land discharge; and
149.17(2) 30 points shall be assigned if a project will result in the beneficial use of treated
149.18wastewater to reduce or replace an existing or proposed use of surface water or ground
149.19water, not including land discharge.
149.20EFFECTIVE DATE.This section is effective July 1, 2014.
149.21 Sec. 118.
PERMIT CANCELLATION.
149.22Upon written request submitted by a permit holder to the commissioner of natural
149.23resources on or before June 1, 2015, the commissioner shall cancel any provision in a
149.24timber sale permit sold prior to September 1, 2012, that requires the security payment for
149.25or removal of all or part of the balsam fir when the permit contains at least 50 cords of
149.26balsam fir. The remaining provisions of the permit remain in effect. The permit holder
149.27may be required to fell or pile the balsam fir to meet management objectives.
149.28 Sec. 119.
RULEMAKING; POSSESSION AND TRANSPORTATION OF
149.29WILDLIFE.
149.30The commissioner of natural resources may use the good cause exemption under
149.31Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules to conform
149.32with the changes to Minnesota Statutes 2012, section 97A.401, subdivision 3 contained in
150.1this article, and Minnesota Statutes, section 14.386, does not apply except as provided
150.2under Minnesota Statutes, section 14.388.
150.3 Sec. 120.
RULEMAKING; DISPLAY OF PADDLE BOARD LICENSE
150.4NUMBERS.
150.5(a) The commissioner of natural resources shall amend Minnesota Rules, parts
150.66110.0200, 6110.0300, and 6110.0400, to exempt paddle boards from the requirement to
150.7display license certificates and license numbers, in the same manner as other nonmotorized
150.8watercraft such as canoes and kayaks.
150.9(b) The commissioner may use the good cause exemption under Minnesota Statutes,
150.10section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
150.11Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
150.12section 14.388.
150.13 Sec. 121.
RULEMAKING; INDUSTRIAL MINERALS AND NONFERROUS
150.14MINERAL LEASES.
150.15The commissioner of natural resources may use the good cause exemption under
150.16Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
150.17parts 6125.0100 to 6125.0700 and 6125.8000 to 6125.8700, to conform with the changes
150.18to Minnesota Statutes, section 93.25, subdivision 2 contained in this article. Minnesota
150.19Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
150.20section 14.388.
150.21 Sec. 122.
RULEMAKING; PERMIT TO MINE.
150.22The commissioner of natural resources may use the good cause exemption under
150.23Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
150.24chapter 6130, to conform with the changes to Minnesota Statutes, section 93.46 contained
150.25in this article. Minnesota Statutes, section 14.386, does not apply except as provided
150.26under Minnesota Statutes, section 14.388.
150.27 Sec. 123.
RULEMAKING; SILICA SAND.
150.28(a) The commissioner of the Pollution Control Agency shall adopt rules pertaining
150.29to the control of particulate emissions from silica sand mines. The commissioner shall
150.30consider and incorporate, as appropriate to the conditions of this state, Wisconsin
150.31Administrative Code NR 415, in effect as of January 1, 2012, pertaining to industrial
150.32sand mines.
151.1(b) The commissioner of natural resources shall adopt rules pertaining to the
151.2reclamation of silica sand mines. The commissioner shall consider and incorporate, as
151.3appropriate to the conditions of this state, Wisconsin Administrative Code NR 135, in
151.4effect as of January 1, 2012, pertaining to reclamation of industrial sand mines.
151.5(c) By January 1, 2014, the Department of Health shall adopt an air quality health
151.6advisory for silica sand.
151.7 Sec. 124.
RULEMAKING; FUGITIVE EMISSIONS.
151.8(a) The commissioner of the Pollution Control Agency shall amend Minnesota
151.9Rules, part 7005.0100, subpart 35a, to read:
151.10""Potential emissions" or "potential to emit" means the maximum capacity while
151.11operating at the maximum hours of operation of an emissions unit, emission facility, or
151.12stationary source to emit a pollutant under its physical and operational design. Any physical
151.13or operational limitation on the capacity of the stationary source to emit a pollutant,
151.14including air pollution control equipment and restriction on hours of operation or on the
151.15type or amount of material combusted, stored, or processed, must be treated as part of its
151.16design if the limitation or the effect it would have on emissions is federally enforceable.
151.17Secondary emissions must not be counted in determining the potential to emit of
151.18an emissions unit, emission facility, or stationary source. Fugitive emissions shall not be
151.19counted when determining potential to emit, unless required under Minnesota Rules, part
151.207007.0200, subpart 2, item B, or applicable federal regulation."
151.21(b) The commissioner may use the good cause exemption under Minnesota Statutes,
151.22section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
151.23Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
151.24section 14.388.
151.25 Sec. 125.
REPEALER.
151.26Minnesota Statutes 2012, sections 90.163; 90.173; 90.41, subdivision 2; and
151.27103G.265, subdivision 2a, and Minnesota Rules, parts 7021.0010, subparts 1, 2, 4, and
151.285; 7021.0020; 7021.0030; 7021.0040; 7021.0050, subpart 5; 9210.0300; 9210.0310;
151.299210.0320; 9210.0330; 9210.0340; 9210.0350; 9210.0360; 9210.0370; 9210.0380; and
151.309220.0530, subpart 6, are repealed.
152.3 Section 1. Minnesota Statutes 2012, section 275.066, is amended to read:
152.4275.066 SPECIAL TAXING DISTRICTS; DEFINITION.
152.5 For the purposes of property taxation and property tax state aids, the term "special
152.6taxing districts" includes the following entities:
152.7 (1) watershed districts under chapter 103D;
152.8 (2) sanitary districts under sections
115.18 to
115.37 442A.01 to 442A.29;
152.9 (3) regional sanitary sewer districts under sections
115.61 to
115.67;
152.10 (4) regional public library districts under section
134.201;
152.11 (5) park districts under chapter 398;
152.12 (6) regional railroad authorities under chapter 398A;
152.13 (7) hospital districts under sections
447.31 to
447.38;
152.14 (8) St. Cloud Metropolitan Transit Commission under sections
458A.01 to
458A.15;
152.15 (9) Duluth Transit Authority under sections
458A.21 to
458A.37;
152.16 (10) regional development commissions under sections
462.381 to
462.398;
152.17 (11) housing and redevelopment authorities under sections
469.001 to
469.047;
152.18 (12) port authorities under sections
469.048 to
469.068;
152.19 (13) economic development authorities under sections
469.090 to
469.1081;
152.20 (14) Metropolitan Council under sections
473.123 to
473.549;
152.21 (15) Metropolitan Airports Commission under sections
473.601 to
473.680;
152.22 (16) Metropolitan Mosquito Control Commission under sections
473.701 to
473.716;
152.23 (17) Morrison County Rural Development Financing Authority under Laws 1982,
152.24chapter 437, section 1;
152.25 (18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6;
152.26 (19) East Lake County Medical Clinic District under Laws 1989, chapter 211,
152.27sections 1 to 6;
152.28 (20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article
152.295, section 39;
152.30 (21) Middle Mississippi River Watershed Management Organization under sections
152.31103B.211
and
103B.241;
152.32 (22) emergency medical services special taxing districts under section 144F.01;
152.33 (23) a county levying under the authority of section
103B.241,
103B.245, or
152.34103B.251
;
153.1 (24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
153.2under Laws 2003, First Special Session chapter 21, article 4, section 12;
153.3 (25) an airport authority created under section
360.0426; and
153.4 (26) any other political subdivision of the state of Minnesota, excluding counties,
153.5school districts, cities, and towns, that has the power to adopt and certify a property tax
153.6levy to the county auditor, as determined by the commissioner of revenue.
153.7 Sec. 2.
[442A.01] DEFINITIONS.
153.8 Subdivision 1. Applicability. For the purposes of this chapter, the terms defined
153.9in this section have the meanings given.
153.10 Subd. 2. Chief administrative law judge. "Chief administrative law judge" means
153.11the chief administrative law judge of the Office of Administrative Hearings or the delegate
153.12of the chief administrative law judge under section 14.48.
153.13 Subd. 3. District. "District" means a sanitary district created under this chapter or
153.14under Minnesota Statutes 2012, sections 115.18 to 115.37.
153.15 Subd. 4. Municipality. "Municipality" means a city, however organized.
153.16 Subd. 5. Property owner. "Property owner" means the fee owner of land, or the
153.17beneficial owner of land whose interest is primarily one of possession and enjoyment.
153.18Property owner includes, but is not limited to, vendees under a contract for deed and
153.19mortgagors. Any reference to a percentage of property owners means in number.
153.20 Subd. 6. Related governing body. "Related governing body" means the governing
153.21body of a related governmental subdivision and, in the case of an organized town, means
153.22the town board.
153.23 Subd. 7. Related governmental subdivision. "Related governmental subdivision"
153.24means a municipality or organized town wherein there is a territorial unit of a district or, in
153.25the case of an unorganized area, the county.
153.26 Subd. 8. Territorial unit. "Territorial unit" means all that part of a district situated
153.27within a single municipality, within a single organized town outside of a municipality, or,
153.28in the case of an unorganized area, within a single county.
153.29 Sec. 3.
[442A.015] APPLICABILITY.
153.30All new sanitary district formations proposed and all sanitary districts previously
153.31formed under Minnesota Statutes 2012, sections 115.18 to 115.37, must comply with this
153.32chapter, including annexations to, detachments from, and resolutions of sanitary districts
153.33previously formed under Minnesota Statutes 2012, sections 115.18 to 115.37.
154.1 Sec. 4.
[442A.02] SANITARY DISTRICTS; PROCEDURES AND AUTHORITY.
154.2 Subdivision 1. Duty of chief administrative law judge. The chief administrative
154.3law judge shall conduct proceedings, make determinations, and issue orders for the
154.4creation of a sanitary district formed under this chapter or the annexation, detachment,
154.5or dissolution of a sanitary district previously formed under Minnesota Statutes 2012,
154.6sections 115.18 to 115.37.
154.7 Subd. 2. Consolidation of proceedings. The chief administrative law judge may
154.8order the consolidation of separate proceedings in the interest of economy and expedience.
154.9 Subd. 3. Contracts, consultants. The chief administrative law judge may contract
154.10with regional, state, county, or local planning commissions and hire expert consultants to
154.11provide specialized information and assistance.
154.12 Subd. 4. Powers of conductor of proceedings. Any person conducting a
154.13proceeding under this chapter may administer oaths and affirmations; receive testimony
154.14of witnesses, and the production of papers, books, and documents; examine witnesses;
154.15and receive and report evidence. Upon the written request of a presiding administrative
154.16law judge or a party, the chief administrative law judge may issue a subpoena for the
154.17attendance of a witness or the production of books, papers, records, or other documents
154.18material to any proceeding under this chapter. The subpoena is enforceable through the
154.19district court in the district in which the subpoena is issued.
154.20 Subd. 5. Rulemaking authority. The chief administrative law judge may adopt
154.21rules that are reasonably necessary to carry out the duties and powers imposed upon the
154.22chief administrative law judge under this chapter. The chief administrative law judge may
154.23initially adopt rules according to section 14.386. Notwithstanding section 16A.1283, the
154.24chief administrative law judge may adopt rules establishing fees.
154.25 Subd. 6. Schedule of filing fees. The chief administrative law judge may prescribe
154.26by rule a schedule of filing fees for any petitions filed under this chapter.
154.27 Subd. 7. Request for hearing transcripts; costs. Any party may request the chief
154.28administrative law judge to cause a transcript of the hearing to be made. Any party
154.29requesting a copy of the transcript is responsible for its costs.
154.30 Subd. 8. Compelled meetings; report. (a) In any proceeding under this chapter,
154.31the chief administrative law judge or conductor of the proceeding may at any time in the
154.32process require representatives from any petitioner, property owner, or involved city, town,
154.33county, political subdivision, or other governmental entity to meet together to discuss
154.34resolution of issues raised by the petition or order that confers jurisdiction on the chief
154.35administrative law judge and other issues of mutual concern. The chief administrative
154.36law judge or conductor of the proceeding may determine which entities are required
155.1to participate in these discussions. The chief administrative law judge or conductor of
155.2the proceeding may require that the parties meet at least three times during a 60-day
155.3period. The parties shall designate a person to report to the chief administrative law
155.4judge or conductor of the proceeding on the results of the meetings immediately after the
155.5last meeting. The parties may be granted additional time at the discretion of the chief
155.6administrative law judge or conductor of the proceedings.
155.7(b) Any proposed resolution or settlement of contested issues that results in a
155.8sanitary district formation, annexation, detachment, or dissolution; places conditions on
155.9any future sanitary district formation, annexation, detachment, or dissolution; or results in
155.10the withdrawal of an objection to a pending proceeding or the withdrawal of a pending
155.11proceeding must be filed with the chief administrative law judge and is subject to the
155.12applicable procedures and statutory criteria of this chapter.
155.13 Subd. 9. Permanent official record. The chief administrative law judge shall
155.14provide information about sanitary district creations, annexations, detachments, and
155.15dissolutions to the Minnesota Pollution Control Agency. The Minnesota Pollution Control
155.16Agency is responsible for maintaining the official record, including all documentation
155.17related to the processes.
155.18 Subd. 10. Shared program costs and fee revenue. The chief administrative
155.19law judge and the Minnesota Pollution Control Agency shall agree on an amount to be
155.20transferred from the Minnesota Pollution Control Agency to the chief administrative law
155.21judge to pay for administration of this chapter, including publication and notification costs.
155.22Sanitary district fees collected by the chief administrative law judge shall be deposited in
155.23the environmental fund.
155.24EFFECTIVE DATE.Subdivision 5 is effective the day following final enactment.
155.25 Sec. 5.
[442A.03] FILING OF MAPS IN SANITARY DISTRICT PROCEEDINGS.
155.26Any party initiating a sanitary district proceeding that includes platted land shall file
155.27with the chief administrative law judge maps which are necessary to support and identify
155.28the land description. The maps shall include copies of plats.
155.29 Sec. 6.
[442A.04] SANITARY DISTRICT CREATION.
155.30 Subdivision 1. Sanitary district creation. (a) A sanitary district may be created
155.31under this chapter for any territory embracing an area or a group of two or more adjacent
155.32areas, whether contiguous or separate, but not situated entirely within the limits of a
155.33single municipality. The proposed sanitary district must promote the public health and
155.34welfare by providing an adequate and efficient system and means of collecting, conveying,
156.1pumping, treating, and disposing of domestic sewage and garbage and industrial wastes
156.2within the district. When the chief administrative law judge or the Minnesota Pollution
156.3Control Agency finds that there is need throughout the territory for the accomplishment
156.4of these purposes; that these purposes can be effectively accomplished on an equitable
156.5basis by a district if created; and that the creation and maintenance of a district will be
156.6administratively feasible and in furtherance of the public health, safety, and welfare, the
156.7chief administrative law judge shall make an order creating the sanitary district. A sanitary
156.8district is administratively feasible under this section if the district has the financial and
156.9managerial resources needed to deliver adequate and efficient sanitary sewer services
156.10within the proposed district.
156.11(b) Notwithstanding paragraph (a), no district shall be created within 25 miles of the
156.12boundary of any city of the first class without the approval of the governing body thereof
156.13and the approval of the governing body of each and every municipality in the proposed
156.14district by resolution filed with the chief administrative law judge.
156.15(c) If the chief administrative law judge and the Minnesota Pollution Control Agency
156.16disagree on the need to create a sanitary district, they must determine whether not allowing
156.17the sanitary district formation will have a detrimental effect on the environment. If it is
156.18determined that the sanitary district formation will prevent environmental harm, the sanitary
156.19district creation or connection to an existing wastewater treatment system must occur.
156.20 Subd. 2. Proceeding to create sanitary district. (a) A proceeding for the creation
156.21of a district may be initiated by a petition to the chief administrative law judge containing
156.22the following:
156.23(1) a request for creation of the proposed district;
156.24(2) the name proposed for the district, to include the words "sanitary district";
156.25(3) a legal description of the territory of the proposed district, including justification
156.26for inclusion or exclusion for all parcels;
156.27(4) addresses of every property owner within the proposed district boundaries as
156.28provided by the county auditor, with certification from the county auditor; two sets of
156.29address labels for said owners; and a list of e-mail addresses for said owners, if available;
156.30(5) a statement showing the existence in the territory of the conditions requisite for
156.31creation of a district as prescribed in subdivision 1;
156.32(6) a statement of the territorial units represented by and the qualifications of the
156.33respective signers; and
156.34(7) the post office address of each signer, given under the signer's signature.
157.1A petition may consist of separate writings of like effect, each signed by one or more
157.2qualified persons, and all such writings, when filed, shall be considered together as a
157.3single petition.
157.4(b) Petitioners must conduct and pay for a public meeting to inform citizens of the
157.5proposed creation of the district. At the meeting, information must be provided, including
157.6a description of the district's proposed structure, bylaws, territory, ordinances, budget, and
157.7charges and a description of the territory of the proposed district, including justification
157.8for inclusion or exclusion for all parcels. Notice of the meeting must be published for two
157.9successive weeks in a qualified newspaper, as defined under chapter 331A, published
157.10within the territory of the proposed district or, if there is no qualified newspaper published
157.11within the territory, in a qualified newspaper of general circulation in the territory, and
157.12must be posted for two weeks in each territorial unit of the proposed district and on the
157.13Web site of the proposed district, if one exists. Notice of the meeting must be mailed or
157.14e-mailed at least three weeks prior to the meeting to all property tax billing addresses for
157.15all parcels included in the proposed district. The following must be submitted to the chief
157.16administrative law judge with the petition:
157.17(1) a record of the meeting, including copies of all information provided at the
157.18meeting;
157.19(2) a copy of the mailing list provided by the county auditor and used to notify
157.20property owners of the meeting;
157.21(3) a copy of the e-mail list used to notify property owners of the meeting;
157.22(4) the printer's affidavit of publication of public meeting notice;
157.23(5) an affidavit of posting the public meeting notice with information on dates and
157.24locations of posting; and
157.25(6) the minutes or other record of the public meeting documenting that the following
157.26topics were discussed: printer's affidavit of publication of each resolution, with a copy
157.27of the resolution from the newspaper attached; and the affidavit of resolution posting
157.28on the town or proposed district Web site.
157.29(c) Every petition must be signed as follows:
157.30(1) for each municipality wherein there is a territorial unit of the proposed district,
157.31by an authorized officer pursuant to a resolution of the municipal governing body;
157.32(2) for each organized town wherein there is a territorial unit of the proposed district,
157.33by an authorized officer pursuant to a resolution of the town board;
157.34(3) for each county wherein there is a territorial unit of the proposed district consisting
157.35of an unorganized area, by an authorized officer pursuant to a resolution of the county
157.36board or by at least 20 percent of the voters residing and owning land within the unit.
158.1(d) Each resolution must be published in the official newspaper of the governing
158.2body adopting it and becomes effective 40 days after publication, unless within said
158.3period there shall be filed with the governing body a petition signed by qualified electors
158.4of a territorial unit of the proposed district, equal in number to five percent of the number
158.5of electors voting at the last preceding election of the governing body, requesting a
158.6referendum on the resolution, in which case the resolution may not become effective until
158.7approved by a majority of the qualified electors voting at a regular election or special
158.8election that the governing body may call. The notice of an election and the ballot to be
158.9used must contain the text of the resolution followed by the question: "Shall the above
158.10resolution be approved?"
158.11(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
158.12the signer's landowner status as shown by the county auditor's tax assessment records,
158.13certified by the auditor, shall be attached to or endorsed upon the petition.
158.14(f) At any time before publication of the public notice required in subdivision 3,
158.15additional signatures may be added to the petition or amendments of the petition may
158.16be made to correct or remedy any error or defect in signature or otherwise except a
158.17material error or defect in the description of the territory of the proposed district. If the
158.18qualifications of any signer of a petition are challenged, the chief administrative law judge
158.19shall determine the challenge forthwith on the allegations of the petition, the county
158.20auditor's certificate of land ownership, and such other evidence as may be received.
158.21 Subd. 3. Notice of intent to create sanitary district. (a) Upon receipt of a petition
158.22and the record of the public meeting required under subdivision 2, the chief administrative
158.23law judge shall publish a notice of intent to create the proposed sanitary district in the State
158.24Register and mail or e-mail information of that publication to each property owner in the
158.25affected territory at the owner's address as given by the county auditor. The information
158.26must state the date that the notice will appear in the State Register and give the Web site
158.27location for the State Register. The notice must:
158.28(1) describe the petition for creation of the district;
158.29(2) describe the territory affected by the petition;
158.30(3) allow 30 days for submission of written comments on the petition;
158.31(4) state that a person who objects to the petition may submit a written request for
158.32hearing to the chief administrative law judge within 30 days of the publication of the
158.33notice in the State Register; and
158.34(5) state that if a timely request for hearing is not received, the chief administrative
158.35law judge may make a decision on the petition.
159.1(b) If 50 or more individual timely requests for hearing are received, the chief
159.2administrative law judge must hold a hearing on the petition according to the contested
159.3case provisions of chapter 14. The sanitary district proposers are responsible for paying all
159.4costs involved in publicizing and holding a hearing on the petition.
159.5 Subd. 4. Hearing time, place. If a hearing is required pursuant to subdivision 3, the
159.6chief administrative law judge shall designate a time and place for a hearing according
159.7to section 442A.13.
159.8 Subd. 5. Relevant factors. (a) In arriving at a decision, the chief administrative law
159.9judge shall consider the following factors:
159.10(1) administrative feasibility under subdivision 1, paragraph (a);
159.11(2) public health, safety, and welfare impacts;
159.12(3) alternatives for managing the public health impacts;
159.13(4) equities of the petition proposal;
159.14(5) contours of the petition proposal; and
159.15(6) public notification of and interaction on the petition proposal.
159.16(b) Based on the factors in paragraph (a), the chief administrative law judge may
159.17order the sanitary district creation on finding that:
159.18(1) the proposed district is administratively feasible;
159.19(2) the proposed district provides a long-term, equitable solution to pollution
159.20problems affecting public health, safety, and welfare;
159.21(3) property owners within the proposed district were provided notice of the
159.22proposed district and opportunity to comment on the petition proposal; and
159.23(4) the petition complied with the requirements of all applicable statutes and rules
159.24pertaining to sanitary district creation.
159.25(c) The chief administrative law judge may alter the boundaries of the proposed
159.26sanitary district by increasing or decreasing the area to be included or may exclude
159.27property that may be better served by another unit of government. The chief administrative
159.28law judge may also alter the boundaries of the proposed district so as to follow visible,
159.29clearly recognizable physical features for municipal boundaries.
159.30(d) The chief administrative law judge may deny sanitary district creation if the area,
159.31or a part thereof, would be better served by an alternative method.
159.32(e) In all cases, the chief administrative law judge shall set forth the factors that are
159.33the basis for the decision.
159.34 Subd. 6. Findings; order. After the public notice period or the public hearing, if
159.35required under subdivision 3, and based on the petition, any public comments received,
159.36and, if a hearing was held, the hearing record, the chief administrative law judge shall
160.1make findings of fact and conclusions determining whether the conditions requisite for the
160.2creation of a district exist in the territory described in the petition. If the chief administrative
160.3law judge finds that the conditions exist, the judge may make an order creating a district
160.4for the territory described in that petition under the name proposed in the petition or such
160.5other name, including the words "sanitary district," as the judge deems appropriate.
160.6 Subd. 7. Denial of petition. If the chief administrative law judge, after conclusion
160.7of the public notice period or holding a hearing, if required, determines that the creation of
160.8a district in the territory described in the petition is not warranted, the judge shall make
160.9an order denying the petition. The chief administrative law judge shall give notice of the
160.10denial by mail or e-mail to each signer of the petition. No petition for the creation of a
160.11district consisting of the same territory shall be entertained within a year after the date of
160.12an order under this subdivision. Nothing in this subdivision precludes action on a petition
160.13for the creation of a district embracing part of the territory with or without other territory.
160.14 Subd. 8. Notice of order creating sanitary district. The chief administrative law
160.15judge shall publish a notice in the State Register of the final order creating a sanitary
160.16district, referring to the date of the order and describing the territory of the district, and
160.17shall mail or e-mail information of the publication to each property owner in the affected
160.18territory at the owner's address as given by the county auditor. The information must state
160.19the date that the notice will appear in the State Register and give the Web site location
160.20for the State Register. The notice must:
160.21(1) describe the petition for creation of the district;
160.22(2) describe the territory affected by the petition; and
160.23(3) state that a certified copy of the order shall be delivered to the secretary of state
160.24for filing ten days after public notice of the order in the State Register.
160.25 Subd. 9. Filing. Ten days after public notice of the order in the State Register, the
160.26chief administrative law judge shall deliver a certified copy of the order to the secretary
160.27of state for filing. Thereupon, the creation of the district is deemed complete, and it
160.28shall be conclusively presumed that all requirements of law relating thereto have been
160.29complied with. The chief administrative law judge shall also transmit a certified copy of
160.30the order for filing to the county auditor of each county and the clerk or recorder of each
160.31municipality and organized town wherein any part of the territory of the district is situated
160.32and to the secretary of the district board when elected.
160.33 Sec. 7.
[442A.05] SANITARY DISTRICT ANNEXATION.
161.1 Subdivision 1. Annexation. (a) A sanitary district annexation may occur under
161.2this chapter for any area adjacent to an existing district upon a petition to the chief
161.3administrative law judge stating the grounds therefor as provided in this section.
161.4(b) The proposed annexation area must embrace an area or a group of two or more
161.5adjacent areas, whether contiguous or separate, but not situated entirely within the limits
161.6of a single municipality. The proposed annexation must promote public health and
161.7welfare by providing an adequate and efficient system and means of collecting, conveying,
161.8pumping, treating, and disposing of domestic sewage and garbage and industrial wastes
161.9within the district. When the chief administrative law judge or the Minnesota Pollution
161.10Control Agency finds that there is need throughout the territory for the accomplishment of
161.11these purposes, that these purposes can be effectively accomplished on an equitable basis
161.12by annexation to a district, and that the creation and maintenance of such annexation will
161.13be administratively feasible and in furtherance of the public health, safety, and welfare,
161.14the chief administrative law judge shall make an order for sanitary district annexation.
161.15A sanitary district is administratively feasible under this section if the district has the
161.16financial and managerial resources needed to deliver adequate and efficient sanitary sewer
161.17services within the proposed district.
161.18(c) Notwithstanding paragraph (b), no annexation to a district shall be approved
161.19within 25 miles of the boundary of any city of the first class without the approval
161.20of the governing body thereof and the approval of the governing body of each and
161.21every municipality in the proposed annexation area by resolution filed with the chief
161.22administrative law judge.
161.23(d) If the chief administrative law judge and the Minnesota Pollution Control Agency
161.24disagree on the need for a sanitary district annexation, they must determine whether not
161.25allowing the sanitary district annexation will have a detrimental effect on the environment.
161.26If it is determined that the sanitary district annexation will prevent environmental harm,
161.27the sanitary district annexation or connection to an existing wastewater treatment system
161.28must occur.
161.29 Subd. 2. Proceeding for annexation. (a) A proceeding for sanitary district
161.30annexation may be initiated by a petition to the chief administrative law judge containing
161.31the following:
161.32(1) a request for proposed annexation to a sanitary district;
161.33(2) a legal description of the territory of the proposed annexation, including
161.34justification for inclusion or exclusion for all parcels;
161.35(3) addresses of every property owner within the existing sanitary district and
161.36proposed annexation area boundaries as provided by the county auditor, with certification
162.1from the county auditor; two sets of address labels for said owners; and a list of e-mail
162.2addresses for said owners, if available;
162.3(4) a statement showing the existence in such territory of the conditions requisite
162.4for annexation to a district as prescribed in subdivision 1;
162.5(5) a statement of the territorial units represented by and qualifications of the
162.6respective signers; and
162.7(6) the post office address of each signer, given under the signer's signature.
162.8A petition may consist of separate writings of like effect, each signed by one or more
162.9qualified persons, and all such writings, when filed, shall be considered together as a
162.10single petition.
162.11(b) Petitioners must conduct and pay for a public meeting to inform citizens of the
162.12proposed annexation to a sanitary district. At the meeting, information must be provided,
162.13including a description of the existing sanitary district's structure, bylaws, territory,
162.14ordinances, budget, and charges; a description of the existing sanitary district's territory;
162.15and a description of the territory of the proposed annexation area, including justification
162.16for inclusion or exclusion for all parcels for the annexation area. Notice of the meeting
162.17must be published for two successive weeks in a qualified newspaper, as defined under
162.18chapter 331A, published within the territories of the existing sanitary district and proposed
162.19annexation area or, if there is no qualified newspaper published within those territories, in
162.20a qualified newspaper of general circulation in the territories, and must be posted for two
162.21weeks in each territorial unit of the existing sanitary district and proposed annexation area
162.22and on the Web site of the existing sanitary district, if one exists. Notice of the meeting
162.23must be mailed or e-mailed at least three weeks prior to the meeting to all property tax
162.24billing addresses for all parcels included in the existing sanitary district and proposed
162.25annexation area. The following must be submitted to the chief administrative law judge
162.26with the petition:
162.27(1) a record of the meeting, including copies of all information provided at the
162.28meeting;
162.29(2) a copy of the mailing list provided by the county auditor and used to notify
162.30property owners of the meeting;
162.31(3) a copy of the e-mail list used to notify property owners of the meeting;
162.32(4) the printer's affidavit of publication of the public meeting notice;
162.33(5) an affidavit of posting the public meeting notice with information on dates and
162.34locations of posting; and
162.35(6) the minutes or other record of the public meeting documenting that the following
162.36topics were discussed: printer's affidavit of publication of each resolution, with copy
163.1of resolution from newspaper attached; and affidavit of resolution posting on town or
163.2existing sanitary district Web site.
163.3(c) Every petition must be signed as follows:
163.4(1) by an authorized officer of the existing sanitary district pursuant to a resolution
163.5of the board;
163.6(2) for each municipality wherein there is a territorial unit of the proposed annexation
163.7area, by an authorized officer pursuant to a resolution of the municipal governing body;
163.8(3) for each organized town wherein there is a territorial unit of the proposed
163.9annexation area, by an authorized officer pursuant to a resolution of the town board; and
163.10(4) for each county wherein there is a territorial unit of the proposed annexation area
163.11consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
163.12county board or by at least 20 percent of the voters residing and owning land within the unit.
163.13(d) Each resolution must be published in the official newspaper of the governing
163.14body adopting it and becomes effective 40 days after publication, unless within said
163.15period there shall be filed with the governing body a petition signed by qualified electors
163.16of a territorial unit of the proposed annexation area, equal in number to five percent of the
163.17number of electors voting at the last preceding election of the governing body, requesting
163.18a referendum on the resolution, in which case the resolution may not become effective
163.19until approved by a majority of the qualified electors voting at a regular election or special
163.20election that the governing body may call. The notice of an election and the ballot to be
163.21used must contain the text of the resolution followed by the question: "Shall the above
163.22resolution be approved?"
163.23(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
163.24the signer's landowner status as shown by the county auditor's tax assessment records,
163.25certified by the auditor, shall be attached to or endorsed upon the petition.
163.26(f) At any time before publication of the public notice required in subdivision 4,
163.27additional signatures may be added to the petition or amendments of the petition may be
163.28made to correct or remedy any error or defect in signature or otherwise except a material
163.29error or defect in the description of the territory of the proposed annexation area. If the
163.30qualifications of any signer of a petition are challenged, the chief administrative law judge
163.31shall determine the challenge forthwith on the allegations of the petition, the county
163.32auditor's certificate of land ownership, and such other evidence as may be received.
163.33 Subd. 3. Joint petition. Different areas may be annexed to a district in a single
163.34proceeding upon a joint petition therefor and upon compliance with the provisions of
163.35subdivisions 1 and 2 with respect to the area affected so far as applicable.
164.1 Subd. 4. Notice of intent for sanitary district annexation. (a) Upon receipt
164.2of a petition and the record of public meeting required under subdivision 2, the chief
164.3administrative law judge shall publish a notice of intent for sanitary district annexation
164.4in the State Register and mail or e-mail information of the publication to each property
164.5owner in the affected territory at the owner's address as given by the county auditor. The
164.6information must state the date that the notice will appear in the State Register and give
164.7the Web site location for the State Register. The notice must:
164.8(1) describe the petition for sanitary district annexation;
164.9(2) describe the territory affected by the petition;
164.10(3) allow 30 days for submission of written comments on the petition;
164.11(4) state that a person who objects to the petition may submit a written request for
164.12hearing to the chief administrative law judge within 30 days of the publication of the
164.13notice in the State Register; and
164.14(5) state that if a timely request for hearing is not received, the chief administrative
164.15law judge may make a decision on the petition.
164.16(b) If 50 or more individual timely requests for hearing are received, the chief
164.17administrative law judge must hold a hearing on the petition according to the contested case
164.18provisions of chapter 14. The sanitary district or annexation area proposers are responsible
164.19for paying all costs involved in publicizing and holding a hearing on the petition.
164.20 Subd. 5. Hearing time, place. If a hearing is required under subdivision 4, the
164.21chief administrative law judge shall designate a time and place for a hearing according
164.22to section 442A.13.
164.23 Subd. 6. Relevant factors. (a) In arriving at a decision, the chief administrative law
164.24judge shall consider the following factors:
164.25(1) administrative feasibility under subdivision 1, paragraph (b);
164.26(2) public health, safety, and welfare impacts;
164.27(3) alternatives for managing the public health impacts;
164.28(4) equities of the petition proposal;
164.29(5) contours of the petition proposal; and
164.30(6) public notification of and interaction on the petition proposal.
164.31(b) Based upon these factors, the chief administrative law judge may order the
164.32annexation to the sanitary district on finding that:
164.33(1) the sanitary district is knowledgeable and experienced in delivering sanitary sewer
164.34services to ratepayers and has provided quality service in a fair and cost-effective manner;
164.35(2) the proposed annexation provides a long-term, equitable solution to pollution
164.36problems affecting public health, safety, and welfare;
165.1(3) property owners within the existing sanitary district and proposed annexation
165.2area were provided notice of the proposed district and opportunity to comment on the
165.3petition proposal; and
165.4(4) the petition complied with the requirements of all applicable statutes and rules
165.5pertaining to sanitary district annexation.
165.6(c) The chief administrative law judge may alter the boundaries of the proposed
165.7annexation area by increasing or decreasing the area to be included or may exclude
165.8property that may be better served by another unit of government. The chief administrative
165.9law judge may also alter the boundaries of the proposed annexation area so as to follow
165.10visible, clearly recognizable physical features for municipal boundaries.
165.11(d) The chief administrative law judge may deny sanitary district annexation if the
165.12area, or a part thereof, would be better served by an alternative method.
165.13(e) In all cases, the chief administrative law judge shall set forth the factors that are
165.14the basis for the decision.
165.15 Subd. 7. Findings; order. (a) After the public notice period or the public hearing, if
165.16required under subdivision 4, and based on the petition, any public comments received,
165.17and, if a hearing was held, the hearing record, the chief administrative law judge shall
165.18make findings of fact and conclusions determining whether the conditions requisite for
165.19the sanitary district annexation exist in the territory described in the petition. If the chief
165.20administrative law judge finds that conditions exist, the judge may make an order for
165.21sanitary district annexation for the territory described in the petition.
165.22(b) All taxable property within the annexed area shall be subject to taxation for
165.23any existing bonded indebtedness or other indebtedness of the district for the cost of
165.24acquisition, construction, or improvement of any disposal system or other works or
165.25facilities beneficial to the annexed area to such extent as the chief administrative law judge
165.26may determine to be just and equitable, to be specified in the order for annexation. The
165.27proper officers shall levy further taxes on such property accordingly.
165.28 Subd. 8. Denial of petition. If the chief administrative law judge, after conclusion
165.29of the public notice period or holding a hearing, if required, determines that the sanitary
165.30district annexation in the territory described in the petition is not warranted, the judge shall
165.31make an order denying the petition. The chief administrative law judge shall give notice
165.32of the denial by mail or e-mail to each signer of the petition. No petition for a sanitary
165.33district annexation consisting of the same territory shall be entertained within a year
165.34after the date of an order under this subdivision. Nothing in this subdivision precludes
165.35action on a petition for a sanitary district annexation embracing part of the territory with
165.36or without other territory.
166.1 Subd. 9. Notice of order for sanitary district annexation. The chief administrative
166.2law judge shall publish in the State Register a notice of the final order for sanitary district
166.3annexation, referring to the date of the order and describing the territory of the annexation
166.4area, and shall mail or e-mail information of the publication to each property owner in the
166.5affected territory at the owner's address as given by the county auditor. The information
166.6must state the date that the notice will appear in the State Register and give the Web site
166.7location for the State Register. The notice must:
166.8(1) describe the petition for annexation to the district;
166.9(2) describe the territory affected by the petition; and
166.10(3) state that a certified copy of the order shall be delivered to the secretary of state
166.11for filing ten days after public notice of the order in the State Register.
166.12 Subd. 10. Filing. Ten days after public notice of the order in the State Register, the
166.13chief administrative law judge shall deliver a certified copy of the order to the secretary
166.14of state for filing. Thereupon, the sanitary district annexation is deemed complete, and it
166.15shall be conclusively presumed that all requirements of law relating thereto have been
166.16complied with. The chief administrative law judge shall also transmit a certified copy of
166.17the order for filing to the county auditor of each county and the clerk or recorder of each
166.18municipality and organized town wherein any part of the territory of the district, including
166.19the newly annexed area, is situated and to the secretary of the district board.
166.20 Sec. 8.
[442A.06] SANITARY DISTRICT DETACHMENT.
166.21 Subdivision 1. Detachment. (a) A sanitary district detachment may occur under this
166.22chapter for any area within an existing district upon a petition to the chief administrative
166.23law judge stating the grounds therefor as provided in this section.
166.24(b) The proposed detachment must not have any negative environmental impact
166.25on the proposed detachment area.
166.26(c) If the chief administrative law judge and the Minnesota Pollution Control
166.27Agency disagree on the need for a sanitary district detachment, they must determine
166.28whether not allowing the sanitary district detachment will have a detrimental effect on
166.29the environment. If it is determined that the sanitary district detachment will cause
166.30environmental harm, the sanitary district detachment is not allowed unless the detached
166.31area is immediately connected to an existing wastewater treatment system.
166.32 Subd. 2. Proceeding for detachment. (a) A proceeding for sanitary district
166.33detachment may be initiated by a petition to the chief administrative law judge containing
166.34the following:
166.35(1) a request for proposed detachment from a sanitary district;
167.1(2) a statement that the requisite conditions for inclusion in a district no longer exist
167.2in the proposed detachment area;
167.3(3) a legal description of the territory of the proposed detachment, including
167.4justification for inclusion or exclusion for all parcels;
167.5(4) addresses of every property owner within the sanitary district and proposed
167.6detachment area boundaries as provided by the county auditor, with certification from the
167.7county auditor; two sets of address labels for said owners; and a list of e-mail addresses
167.8for said owners, if available;
167.9(5) a statement of the territorial units represented by and qualifications of the
167.10respective signers; and
167.11(6) the post office address of each signer, given under the signer's signature.
167.12A petition may consist of separate writings of like effect, each signed by one or more
167.13qualified persons, and all such writings, when filed, shall be considered together as a
167.14single petition.
167.15(b) Petitioners must conduct and pay for a public meeting to inform citizens of
167.16the proposed detachment from a sanitary district. At the meeting, information must be
167.17provided, including a description of the existing district's territory and a description of the
167.18territory of the proposed detachment area, including justification for inclusion or exclusion
167.19for all parcels for the detachment area. Notice of the meeting must be published for two
167.20successive weeks in a qualified newspaper, as defined under chapter 331A, published
167.21within the territories of the existing sanitary district and proposed detachment area or, if
167.22there is no qualified newspaper published within those territories, in a qualified newspaper
167.23of general circulation in the territories, and must be posted for two weeks in each territorial
167.24unit of the existing sanitary district and proposed detachment area and on the Web site
167.25of the existing sanitary district, if one exists. Notice of the meeting must be mailed or
167.26e-mailed at least three weeks prior to the meeting to all property tax billing addresses for
167.27all parcels included in the sanitary district. The following must be submitted to the chief
167.28administrative law judge with the petition:
167.29(1) a record of the meeting, including copies of all information provided at the
167.30meeting;
167.31(2) a copy of the mailing list provided by the county auditor and used to notify
167.32property owners of the meeting;
167.33(3) a copy of the e-mail list used to notify property owners of the meeting;
167.34(4) the printer's affidavit of publication of public meeting notice;
167.35(5) an affidavit of posting the public meeting notice with information on dates and
167.36locations of posting; and
168.1(6) minutes or other record of the public meeting documenting that the following
168.2topics were discussed: printer's affidavit of publication of each resolution, with copy
168.3of resolution from newspaper attached; and affidavit of resolution posting on town or
168.4existing sanitary district Web site.
168.5(c) Every petition must be signed as follows:
168.6(1) by an authorized officer of the existing sanitary district pursuant to a resolution
168.7of the board;
168.8(2) for each municipality wherein there is a territorial unit of the proposed detachment
168.9area, by an authorized officer pursuant to a resolution of the municipal governing body;
168.10(3) for each organized town wherein there is a territorial unit of the proposed
168.11detachment area, by an authorized officer pursuant to a resolution of the town board; and
168.12(4) for each county wherein there is a territorial unit of the proposed detachment area
168.13consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
168.14county board or by at least 20 percent of the voters residing and owning land within the unit.
168.15(d) Each resolution must be published in the official newspaper of the governing
168.16body adopting it and becomes effective 40 days after publication, unless within said period
168.17there shall be filed with the governing body a petition signed by qualified electors of a
168.18territorial unit of the proposed detachment area, equal in number to five percent of the
168.19number of electors voting at the last preceding election of the governing body, requesting
168.20a referendum on the resolution, in which case the resolution may not become effective
168.21until approved by a majority of the qualified electors voting at a regular election or special
168.22election that the governing body may call. The notice of an election and the ballot to be
168.23used must contain the text of the resolution followed by the question: "Shall the above
168.24resolution be approved?"
168.25(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
168.26the signer's landowner status as shown by the county auditor's tax assessment records,
168.27certified by the auditor, shall be attached to or endorsed upon the petition.
168.28(f) At any time before publication of the public notice required in subdivision 4,
168.29additional signatures may be added to the petition or amendments of the petition may be
168.30made to correct or remedy any error or defect in signature or otherwise except a material
168.31error or defect in the description of the territory of the proposed detachment area. If the
168.32qualifications of any signer of a petition are challenged, the chief administrative law judge
168.33shall determine the challenge forthwith on the allegations of the petition, the county
168.34auditor's certificate of land ownership, and such other evidence as may be received.
169.1 Subd. 3. Joint petition. Different areas may be detached from a district in a single
169.2proceeding upon a joint petition therefor and upon compliance with the provisions of
169.3subdivisions 1 and 2 with respect to the area affected so far as applicable.
169.4 Subd. 4. Notice of intent for sanitary district detachment. (a) Upon receipt
169.5of a petition and record of public meeting required under subdivision 2, the chief
169.6administrative law judge shall publish a notice of intent for sanitary district detachment
169.7in the State Register and mail or e-mail information of the publication to each property
169.8owner in the affected territory at the owner's address as given by the county auditor. The
169.9information must state the date that the notice will appear in the State Register and give
169.10the Web site location for the State Register. The notice must:
169.11(1) describe the petition for sanitary district detachment;
169.12(2) describe the territory affected by the petition;
169.13(3) allow 30 days for submission of written comments on the petition;
169.14(4) state that a person who objects to the petition may submit a written request for
169.15hearing to the chief administrative law judge within 30 days of the publication of the
169.16notice in the State Register; and
169.17(5) state that if a timely request for hearing is not received, the chief administrative
169.18law judge may make a decision on the petition.
169.19(b) If 50 or more individual timely requests for hearing are received, the chief
169.20administrative law judge must hold a hearing on the petition according to the contested case
169.21provisions of chapter 14. The sanitary district or detachment area proposers are responsible
169.22for paying all costs involved in publicizing and holding a hearing on the petition.
169.23 Subd. 5. Hearing time, place. If a hearing is required under subdivision 4, the
169.24chief administrative law judge shall designate a time and place for a hearing according
169.25to section 442A.13.
169.26 Subd. 6. Relevant factors. (a) In arriving at a decision, the chief administrative law
169.27judge shall consider the following factors:
169.28(1) public health, safety, and welfare impacts for the proposed detachment area;
169.29(2) alternatives for managing the public health impacts for the proposed detachment
169.30area;
169.31(3) equities of the petition proposal;
169.32(4) contours of the petition proposal; and
169.33(5) public notification of and interaction on the petition proposal.
169.34(b) Based upon these factors, the chief administrative law judge may order the
169.35detachment from the sanitary district on finding that:
170.1(1) the proposed detachment area has adequate alternatives for managing public
170.2health impacts due to the detachment;
170.3(2) the proposed detachment area is not necessary for the district to provide a
170.4long-term, equitable solution to pollution problems affecting public health, safety, and
170.5welfare;
170.6(3) property owners within the existing sanitary district and proposed detachment
170.7area were provided notice of the proposed detachment and opportunity to comment on
170.8the petition proposal; and
170.9(4) the petition complied with the requirements of all applicable statutes and rules
170.10pertaining to sanitary district detachment.
170.11(c) The chief administrative law judge may alter the boundaries of the proposed
170.12detachment area by increasing or decreasing the area to be included or may exclude
170.13property that may be better served by another unit of government. The chief administrative
170.14law judge may also alter the boundaries of the proposed detachment area so as to follow
170.15visible, clearly recognizable physical features for municipal boundaries.
170.16(d) The chief administrative law judge may deny sanitary district detachment if the
170.17area, or a part thereof, would be better served by an alternative method.
170.18(e) In all cases, the chief administrative law judge shall set forth the factors that are
170.19the basis for the decision.
170.20 Subd. 7. Findings; order. (a) After the public notice period or the public hearing, if
170.21required under subdivision 4, and based on the petition, any public comments received,
170.22and, if a hearing was held, the hearing record, the chief administrative law judge shall
170.23make findings of fact and conclusions determining whether the conditions requisite for
170.24the sanitary district detachment exist in the territory described in the petition. If the chief
170.25administrative law judge finds that conditions exist, the judge may make an order for
170.26sanitary district detachment for the territory described in the petition.
170.27(b) All taxable property within the detached area shall remain subject to taxation
170.28for any existing bonded indebtedness of the district to such extent as it would have been
170.29subject thereto if not detached and shall also remain subject to taxation for any other
170.30existing indebtedness of the district incurred for any purpose beneficial to such area to
170.31such extent as the chief administrative law judge may determine to be just and equitable,
170.32to be specified in the order for detachment. The proper officers shall levy further taxes on
170.33such property accordingly.
170.34 Subd. 8. Denial of petition. If the chief administrative law judge, after conclusion
170.35of the public notice period or holding a hearing, if required, determines that the sanitary
170.36district detachment in the territory described in the petition is not warranted, the judge
171.1shall make an order denying the petition. The chief administrative law judge shall give
171.2notice of the denial by mail or e-mail to each signer of the petition. No petition for a
171.3detachment from a district consisting of the same territory shall be entertained within a
171.4year after the date of an order under this subdivision. Nothing in this subdivision precludes
171.5action on a petition for a detachment from a district embracing part of the territory with
171.6or without other territory.
171.7 Subd. 9. Notice of order for sanitary district detachment. The chief
171.8administrative law judge shall publish in the State Register a notice of the final order
171.9for sanitary district detachment, referring to the date of the order and describing the
171.10territory of the detached area and shall mail or e-mail information of the publication
171.11to each property owner in the affected territory at the owner's address as given by the
171.12county auditor. The information must state the date that the notice will appear in the State
171.13Register and give the Web site location for the State Register. The notice must:
171.14(1) describe the petition for detachment from the district;
171.15(2) describe the territory affected by the petition; and
171.16(3) state that a certified copy of the order shall be delivered to the secretary of state
171.17for filing ten days after public notice of the order in the State Register.
171.18 Subd. 10. Filing. Ten days after public notice of the order in the State Register, the
171.19chief administrative law judge shall deliver a certified copy of the order to the secretary of
171.20state for filing. Thereupon, the sanitary district detachment is deemed complete, and it
171.21shall be conclusively presumed that all requirements of law relating thereto have been
171.22complied with. The chief administrative law judge shall also transmit a certified copy of
171.23the order for filing to the county auditor of each county and the clerk or recorder of each
171.24municipality and organized town wherein any part of the territory of the district, including
171.25the newly detached area, is situated and to the secretary of the district board.
171.26 Sec. 9.
[442A.07] SANITARY DISTRICT DISSOLUTION.
171.27 Subdivision 1. Dissolution. (a) An existing sanitary district may be dissolved under
171.28this chapter upon a petition to the chief administrative law judge stating the grounds
171.29therefor as provided in this section.
171.30(b) The proposed dissolution must not have any negative environmental impact on
171.31the existing sanitary district area.
171.32(c) If the chief administrative law judge and the Minnesota Pollution Control
171.33Agency disagree on the need to dissolve a sanitary district, they must determine whether
171.34not dissolving the sanitary district will have a detrimental effect on the environment. If
171.35it is determined that the sanitary district dissolution will cause environmental harm, the
172.1sanitary district dissolution is not allowed unless the existing sanitary district area is
172.2immediately connected to an existing wastewater treatment system.
172.3 Subd. 2. Proceeding for dissolution. (a) A proceeding for sanitary district
172.4dissolution may be initiated by a petition to the chief administrative law judge containing
172.5the following:
172.6(1) a request for proposed sanitary district dissolution;
172.7(2) a statement that the requisite conditions for a sanitary district no longer exist
172.8in the district area;
172.9(3) a proposal for distribution of the remaining funds of the district, if any, among
172.10the related governmental subdivisions;
172.11(4) a legal description of the territory of the proposed dissolution;
172.12(5) addresses of every property owner within the sanitary district boundaries as
172.13provided by the county auditor, with certification from the county auditor; two sets of
172.14address labels for said owners; and a list of e-mail addresses for said owners, if available;
172.15(6) a statement of the territorial units represented by and the qualifications of the
172.16respective signers; and
172.17(7) the post office address of each signer, given under the signer's signature.
172.18A petition may consist of separate writings of like effect, each signed by one or more
172.19qualified persons, and all such writings, when filed, shall be considered together as a
172.20single petition.
172.21(b) Petitioners must conduct and pay for a public meeting to inform citizens of the
172.22proposed dissolution of a sanitary district. At the meeting, information must be provided,
172.23including a description of the existing district's territory. Notice of the meeting must be
172.24published for two successive weeks in a qualified newspaper, as defined under chapter
172.25331A, published within the territory of the sanitary district or, if there is no qualified
172.26newspaper published within that territory, in a qualified newspaper of general circulation
172.27in the territory and must be posted for two weeks in each territorial unit of the sanitary
172.28district and on the Web site of the existing sanitary district, if one exists. Notice of the
172.29meeting must be mailed or e-mailed at least three weeks prior to the meeting to all property
172.30tax billing addresses for all parcels included in the sanitary district. The following must be
172.31submitted to the chief administrative law judge with the petition:
172.32(1) a record of the meeting, including copies of all information provided at the
172.33meeting;
172.34(2) a copy of the mailing list provided by the county auditor and used to notify
172.35property owners of the meeting;
172.36(3) a copy of the e-mail list used to notify property owners of the meeting;
173.1(4) the printer's affidavit of publication of public meeting notice;
173.2(5) an affidavit of posting the public meeting notice with information on dates and
173.3locations of posting; and
173.4(6) minutes or other record of the public meeting documenting that the following
173.5topics were discussed: printer's affidavit of publication of each resolution, with copy
173.6of resolution from newspaper attached; and affidavit of resolution posting on town or
173.7existing sanitary district Web site.
173.8(c) Every petition must be signed as follows:
173.9(1) by an authorized officer of the existing sanitary district pursuant to a resolution
173.10of the board;
173.11(2) for each municipality wherein there is a territorial unit of the existing sanitary
173.12district, by an authorized officer pursuant to a resolution of the municipal governing body;
173.13(3) for each organized town wherein there is a territorial unit of the existing sanitary
173.14district, by an authorized officer pursuant to a resolution of the town board; and
173.15(4) for each county wherein there is a territorial unit of the existing sanitary district
173.16consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
173.17county board or by at least 20 percent of the voters residing and owning land within the unit.
173.18(d) Each resolution must be published in the official newspaper of the governing body
173.19adopting it and becomes effective 40 days after publication, unless within said period there
173.20shall be filed with the governing body a petition signed by qualified electors of a territorial
173.21unit of the district, equal in number to five percent of the number of electors voting at the
173.22last preceding election of the governing body, requesting a referendum on the resolution,
173.23in which case the resolution may not become effective until approved by a majority of the
173.24qualified electors voting at a regular election or special election that the governing body
173.25may call. The notice of an election and the ballot to be used must contain the text of the
173.26resolution followed by the question: "Shall the above resolution be approved?"
173.27(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
173.28the signer's landowner status as shown by the county auditor's tax assessment records,
173.29certified by the auditor, shall be attached to or endorsed upon the petition.
173.30(f) At any time before publication of the public notice required in subdivision 3,
173.31additional signatures may be added to the petition or amendments of the petition may be
173.32made to correct or remedy any error or defect in signature or otherwise except a material
173.33error or defect in the description of the territory of the proposed dissolution area. If the
173.34qualifications of any signer of a petition are challenged, the chief administrative law judge
173.35shall determine the challenge forthwith on the allegations of the petition, the county
173.36auditor's certificate of land ownership, and such other evidence as may be received.
174.1 Subd. 3. Notice of intent for sanitary district dissolution. (a) Upon receipt
174.2of a petition and record of the public meeting required under subdivision 2, the chief
174.3administrative law judge shall publish a notice of intent of sanitary district dissolution
174.4in the State Register and mail or e-mail information of the publication to each property
174.5owner in the affected territory at the owner's address as given by the county auditor. The
174.6information must state the date that the notice will appear in the State Register and give
174.7the Web site location for the State Register. The notice must:
174.8(1) describe the petition for sanitary district dissolution;
174.9(2) describe the territory affected by the petition;
174.10(3) allow 30 days for submission of written comments on the petition;
174.11(4) state that a person who objects to the petition may submit a written request for
174.12hearing to the chief administrative law judge within 30 days of the publication of the
174.13notice in the State Register; and
174.14(5) state that if a timely request for hearing is not received, the chief administrative
174.15law judge may make a decision on the petition.
174.16(b) If 50 or more individual timely requests for hearing are received, the chief
174.17administrative law judge must hold a hearing on the petition according to the contested
174.18case provisions of chapter 14. The sanitary district dissolution proposers are responsible
174.19for paying all costs involved in publicizing and holding a hearing on the petition.
174.20 Subd. 4. Hearing time, place. If a hearing is required under subdivision 3, the
174.21chief administrative law judge shall designate a time and place for a hearing according
174.22to section 442A.13.
174.23 Subd. 5. Relevant factors. (a) In arriving at a decision, the chief administrative law
174.24judge shall consider the following factors:
174.25(1) public health, safety, and welfare impacts for the proposed dissolution;
174.26(2) alternatives for managing the public health impacts for the proposed dissolution;
174.27(3) equities of the petition proposal;
174.28(4) contours of the petition proposal; and
174.29(5) public notification of and interaction on the petition proposal.
174.30(b) Based upon these factors, the chief administrative law judge may order the
174.31dissolution of the sanitary district on finding that:
174.32(1) the proposed dissolution area has adequate alternatives for managing public
174.33health impacts due to the dissolution;
174.34(2) the sanitary district is not necessary to provide a long-term, equitable solution to
174.35pollution problems affecting public health, safety, and welfare;
175.1(3) property owners within the sanitary district were provided notice of the proposed
175.2dissolution and opportunity to comment on the petition proposal; and
175.3(4) the petition complied with the requirements of all applicable statutes and rules
175.4pertaining to sanitary district dissolution.
175.5(c) The chief administrative law judge may alter the boundaries of the proposed
175.6dissolution area by increasing or decreasing the area to be included or may exclude
175.7property that may be better served by another unit of government. The chief administrative
175.8law judge may also alter the boundaries of the proposed dissolution area so as to follow
175.9visible, clearly recognizable physical features for municipal boundaries.
175.10(d) The chief administrative law judge may deny sanitary district dissolution if the
175.11area, or a part thereof, would be better served by an alternative method.
175.12(e) In all cases, the chief administrative law judge shall set forth the factors that are
175.13the basis for the decision.
175.14 Subd. 6. Findings; order. (a) After the public notice period or the public hearing, if
175.15required under subdivision 3, and based on the petition, any public comments received,
175.16and, if a hearing was held, the hearing record, the chief administrative law judge shall
175.17make findings of fact and conclusions determining whether the conditions requisite for
175.18the sanitary district dissolution exist in the territory described in the petition. If the chief
175.19administrative law judge finds that conditions exist, the judge may make an order for
175.20sanitary district dissolution for the territory described in the petition.
175.21(b) If the chief administrative law judge determines that the conditions requisite for
175.22the creation of the district no longer exist therein, that all indebtedness of the district has
175.23been paid, and that all property of the district except funds has been disposed of, the judge
175.24may make an order dissolving the district and directing the distribution of its remaining
175.25funds, if any, among the related governmental subdivisions on such basis as the chief
175.26administrative law judge determines to be just and equitable, to be specified in the order.
175.27 Subd. 7. Denial of petition. If the chief administrative law judge, after conclusion
175.28of the public notice period or holding a hearing, if required, determines that the sanitary
175.29district dissolution in the territory described in the petition is not warranted, the judge
175.30shall make an order denying the petition. The chief administrative law judge shall give
175.31notice of the denial by mail or e-mail to each signer of the petition. No petition for the
175.32dissolution of a district consisting of the same territory shall be entertained within a year
175.33after the date of an order under this subdivision.
175.34 Subd. 8. Notice of order for sanitary district dissolution. The chief administrative
175.35law judge shall publish in the State Register a notice of the final order for sanitary
175.36district dissolution, referring to the date of the order and describing the territory of the
176.1dissolved district and shall mail or e-mail information of the publication to each property
176.2owner in the affected territory at the owner's address as given by the county auditor. The
176.3information must state the date that the notice will appear in the State Register and give
176.4the Web site location of the State Register. The notice must:
176.5(1) describe the petition for dissolution of the district;
176.6(2) describe the territory affected by the petition; and
176.7(3) state that a certified copy of the order shall be delivered to the secretary of state
176.8for filing ten days after public notice of the order in the State Register.
176.9 Subd. 9. Filing. (a) Ten days after public notice of the order in the State Register,
176.10the chief administrative law judge shall deliver a certified copy of the order to the secretary
176.11of state for filing. Thereupon, the sanitary district dissolution is deemed complete, and it
176.12shall be conclusively presumed that all requirements of law relating thereto have been
176.13complied with. The chief administrative law judge shall also transmit a certified copy of
176.14the order for filing to the county auditor of each county and the clerk or recorder of each
176.15municipality and organized town wherein any part of the territory of the dissolved district
176.16is situated and to the secretary of the district board.
176.17(b) The chief administrative law judge shall also transmit a certified copy of the order
176.18to the treasurer of the district, who must thereupon distribute the remaining funds of the
176.19district as directed by the order and who is responsible for the funds until so distributed.
176.20 Sec. 10.
[442A.08] JOINT PUBLIC INFORMATIONAL MEETING.
176.21There must be a joint public informational meeting of the local governments of any
176.22proposed sanitary district creation, annexation, detachment, or dissolution. The joint public
176.23informational meeting must be held after the final mediation meeting or the final meeting
176.24held according to section 442A.02, subdivision 8, if any, and before the hearing on the
176.25matter is held. If no mediation meetings are held, the joint public informational meeting
176.26must be held after the initiating documents have been filed and before the hearing on the
176.27matter. The time, date, and place of the public informational meeting must be determined
176.28jointly by the local governments in the proposed creation, annexation, detachment, or
176.29dissolution areas and by the sanitary district, if one exists. The chair of the sanitary district,
176.30if one exists, and the responsible official for one of the local governments represented at
176.31the meeting must serve as the co-chairs for the informational meeting. Notice of the time,
176.32date, place, and purpose of the informational meeting must be posted by the sanitary
176.33district, if one exists, and local governments in designated places for posting notices. The
176.34sanitary district, if one exists, and represented local governments must also publish, at their
176.35own expense, notice in their respective official newspapers. If the same official newspaper
177.1is used by multiple local government representatives or the sanitary district, a joint notice
177.2may be published and the costs evenly divided. All notice required by this section must
177.3be provided at least ten days before the date for the public informational meeting. At the
177.4public informational meeting, all persons appearing must have an opportunity to be heard,
177.5but the co-chairs may, by mutual agreement, establish the amount of time allowed for each
177.6speaker. The sanitary district board, the local government representatives, and any resident
177.7or affected property owner may be represented by counsel and may place into the record of
177.8the informational meeting documents, expert opinions, or other materials supporting their
177.9positions on issues raised by the proposed proceeding. The secretary of the sanitary district,
177.10if one exists, or a person appointed by the chair must record minutes of the proceedings of
177.11the informational meeting and must make an audio recording of the informational meeting.
177.12The sanitary district, if one exists, or a person appointed by the chair must provide the
177.13chief administrative law judge and the represented local governments with a copy of the
177.14printed minutes and must provide the chief administrative law judge and the represented
177.15local governments with a copy of the audio recording. The record of the informational
177.16meeting for a proceeding under section 442A.04, 442A.05, 442A.06, or 442A.07 is
177.17admissible in any proceeding under this chapter and shall be taken into consideration by
177.18the chief administrative law judge or the chief administrative law judge's designee.
177.19 Sec. 11.
[442A.09] ANNEXATION BY ORDER OF POLLUTION CONTROL
177.20AGENCY.
177.21 Subdivision 1. Annexation by ordinance alternative. If a determination or order
177.22by the Minnesota Pollution Control Agency under section 115.49 or other similar statute is
177.23made that cooperation by contract is necessary and feasible between a sanitary district and
177.24an unincorporated area located outside the existing corporate limits of the sanitary district,
177.25the sanitary district required to provide or extend through a contract a governmental
177.26service to an unincorporated area, during the statutory 90-day period provided in section
177.27115.49 to formulate a contract, may in the alternative to formulating a service contract to
177.28provide or extend the service, declare the unincorporated area described in the Minnesota
177.29Pollution Control Agency's determination letter or order annexed to the sanitary district by
177.30adopting an ordinance and submitting it to the chief administrative law judge.
177.31 Subd. 2. Chief administrative law judge's role. The chief administrative law
177.32judge may review and comment on the ordinance but shall approve the ordinance within
177.3330 days of receipt. The ordinance is final and the annexation is effective on the date the
177.34chief administrative law judge approves the ordinance.
178.1 Sec. 12.
[442A.10] PETITIONERS TO PAY EXPENSES.
178.2Expenses of the preparation and submission of petitions in the proceedings under
178.3sections 442A.04 to 442A.09 shall be paid by the petitioners. Notwithstanding section
178.416A.1283, the Office of Administrative Hearings may adopt rules according to section
178.514.386 to establish fees necessary to support the preparation and submission of petitions
178.6in proceedings under sections 442A.04 to 442A.09. The fees collected by the Office of
178.7Administrative Hearings shall be deposited in the environmental fund.
178.8EFFECTIVE DATE.This section is effective the day following final enactment.
178.9 Sec. 13.
[442A.11] TIME LIMITS FOR ORDERS; APPEALS.
178.10 Subdivision 1. Orders; time limit. All orders in proceedings under this chapter
178.11shall be issued within one year from the date of the first hearing thereon, provided that
178.12the time may be extended for a fixed additional period upon consent of all parties of
178.13record. Failure to so order shall be deemed to be an order denying the matter. An appeal
178.14may be taken from such failure to so order in the same manner as an appeal from an
178.15order as provided in subdivision 2.
178.16 Subd. 2. Grounds for appeal. (a) Any person aggrieved by an order issued under
178.17this chapter may appeal to the district court upon the following grounds:
178.18(1) the order was issued without jurisdiction to act;
178.19(2) the order exceeded the jurisdiction of the presiding administrative law judge;
178.20(3) the order was arbitrary, fraudulent, capricious, or oppressive or in unreasonable
178.21disregard of the best interests of the territory affected; or
178.22(4) the order was based upon an erroneous theory of law.
178.23(b) The appeal must be taken in the district court in the county in which the majority
178.24of the area affected is located. The appeal does not stay the effect of the order. All notices
178.25and other documents must be served on both the chief administrative law judge and the
178.26attorney general's assistant assigned to the chief administrative law judge for purposes
178.27of this chapter.
178.28(c) If the court determines that the action involved is unlawful or unreasonable or is
178.29not warranted by the evidence in case an issue of fact is involved, the court may vacate or
178.30suspend the action involved, in whole or in part, as the case requires. The matter shall then
178.31be remanded for further action in conformity with the decision of the court.
178.32(d) To render a review of an order effectual, the aggrieved person shall file with the
178.33court administrator of the district court of the county in which the majority of the area is
178.34located, within 30 days of the order, an application for review together with the grounds
178.35upon which the review is sought.
179.1(e) An appeal lies from the district court as in other civil cases.
179.2 Sec. 14.
[442A.12] CHIEF ADMINISTRATIVE LAW JUDGE MAY APPEAL
179.3FROM DISTRICT COURT.
179.4An appeal may be taken under the Rules of Civil Appellate Procedure by the chief
179.5administrative law judge from a final order or judgment made or rendered by the district
179.6court when the chief administrative law judge determines that the final order or judgment
179.7adversely affects the public interest.
179.8 Sec. 15.
[442A.13] UNIFORM PROCEDURES.
179.9 Subdivision 1. Hearings. (a) Proceedings initiated by the submission of an initiating
179.10document or by the chief administrative law judge shall come on for hearing within 30 to
179.1160 days from receipt of the document by the chief administrative law judge or from the
179.12date of the chief administrative law judge's action and the person conducting the hearing
179.13must submit an order no later than one year from the date of the first hearing.
179.14(b) The place of the hearing shall be in the county where a majority of the affected
179.15territory is situated, and shall be established for the convenience of the parties.
179.16(c) The chief administrative law judge shall mail notice of the hearing to the
179.17following parties: the sanitary district; any township or municipality presently governing
179.18the affected territory; any township or municipality abutting the affected territory;
179.19the county where the affected territory is situated; and each planning agency that has
179.20jurisdiction over the affected area.
179.21(d) The chief administrative law judge shall see that notice of the hearing is published
179.22for two successive weeks in a legal newspaper of general circulation in the affected area.
179.23(e) When the chief administrative law judge exercises authority to change the
179.24boundaries of the affected area so as to increase the quantity of land, the hearing shall
179.25be recessed and reconvened upon two weeks' published notice in a legal newspaper of
179.26general circulation in the affected area.
179.27 Subd. 2. Transmittal of order. The chief administrative law judge shall see that
179.28copies of the order are mailed to all parties entitled to mailed notice of hearing under
179.29subdivision 1, individual property owners if initiated in that manner, and any other party
179.30of record.
179.31 Sec. 16.
[442A.14] DISTRICT BOARD OF MANAGERS.
179.32 Subdivision 1. Composition. The governing body of each district shall be a board
179.33of managers of five members, who shall be voters residing in the district and who may
180.1but need not be officers, members of governing bodies, or employees of the related
180.2governmental subdivisions, except that when there are more than five territorial units in
180.3a district, there must be one board member for each unit.
180.4 Subd. 2. Terms. The terms of the first board members elected after creation of a
180.5district shall be so arranged and determined by the electing body as to expire on the first
180.6business day in January as follows:
180.7(1) the terms of two members in the second calendar year after the year in which
180.8they were elected;
180.9(2) the terms of two other members in the third calendar year after the year in which
180.10they were elected; and
180.11(3) the term of the remaining member in the fourth calendar year after the year in
180.12which the member was elected. In case a board has more than five members, the additional
180.13members shall be assigned to the groups under clauses (1) to (3) to equalize the groups as
180.14far as practicable. Thereafter, board members shall be elected successively for regular
180.15terms beginning upon expiration of the preceding terms and expiring on the first business
180.16day in January of the third calendar year thereafter. Each board member serves until
180.17a successor is elected and has qualified.
180.18 Subd. 3. Election of board. In a district having only one territorial unit, all the
180.19members of the board shall be elected by the related governing body. In a district having
180.20more than one territorial unit, the members of the board shall be elected by the members
180.21of the related governing bodies in joint session except as otherwise provided. The electing
180.22bodies concerned shall meet and elect the first board members of a new district as soon
180.23as practicable after creation of the district and shall meet and elect board members for
180.24succeeding regular terms as soon as practicable after November 1 next preceding the
180.25beginning of the terms to be filled, respectively.
180.26 Subd. 4. Central related governing body. Upon the creation of a district
180.27having more than one territorial unit, the chief administrative law judge, on the basis of
180.28convenience for joint meeting purposes, shall designate one of the related governing
180.29bodies as the central related governing body in the order creating the district or in a
180.30subsequent special order, of which the chief administrative law judge shall notify the
180.31clerks or recorders of all the related governing bodies. Upon receipt of the notification,
180.32the clerk or recorder of the central related governing body shall immediately transmit the
180.33notification to the presiding officer of the body. The officer shall thereupon call a joint
180.34meeting of the members of all the related governing bodies to elect board members, to
180.35be held at such time as the officer shall fix at the regular meeting place of the officer's
180.36governing body or at such other place in the district as the officer shall determine. The
181.1clerk or recorder of the body must give at least ten days' notice of the meeting by mail to
181.2the clerks or recorders of all the other related governing bodies, who shall immediately
181.3transmit the notice to all the members of the related governing bodies, respectively.
181.4Subsequent joint meetings to elect board members for regular terms must be called and
181.5held in like manner. The presiding officer and the clerk or recorder of the central related
181.6governing body shall act respectively as chair and secretary of the joint electing body at
181.7any meeting thereof, but in case of the absence or disability of either of them, the body
181.8may elect a temporary substitute. A majority of the members of each related governing
181.9body is required for a quorum at any meeting of the joint electing body.
181.10 Subd. 5. Nominations. Nominations for board members may be made by petitions,
181.11each signed by ten or more voters residing and owning land in the district, filed with the
181.12clerk, recorder, or secretary of the electing body before the election meeting. No person
181.13shall sign more than one petition. The electing body shall give due consideration to all
181.14nominations but is not limited thereto.
181.15 Subd. 6. Election; single governing body. In the case of an electing body
181.16consisting of a single related governing body, a majority vote of all members is required
181.17for an election. In the case of a joint electing body, a majority vote of members present is
181.18required for an election. In case of lack of a quorum or failure to elect, a meeting of an
181.19electing body may be adjourned to a stated time and place without further notice.
181.20 Subd. 7. Election; multiple governing bodies. In any district having more than
181.21one territorial unit, the related governing bodies, instead of meeting in joint session, may
181.22elect a board member by resolutions adopted by all of them separately, concurring in the
181.23election of the same person. A majority vote of all members of each related governing
181.24body is required for the adoption of any such resolution. The clerks or recorders of the
181.25other related governing bodies shall transmit certified copies of the resolutions to the clerk
181.26or recorder of the central related governing body. Upon receipt of concurring resolutions
181.27from all the related governing bodies, the presiding officer and clerk or recorder of the
181.28central related governing body shall certify the results and furnish certificates of election
181.29as provided for a joint meeting.
181.30 Subd. 8. Vacancies. Any vacancy in the membership of a board must be filled for
181.31the unexpired term in like manner as provided for the regular election of board members.
181.32 Subd. 9. Certification of election; temporary chair. The presiding and recording
181.33officers of the electing body shall certify the results of each election to the county auditor
181.34of each county wherein any part of the district is situated and to the clerk or recorder of
181.35each related governing body and shall make and transmit to each board member elected
181.36a certificate of the board member's election. Upon electing the first board members of a
182.1district, the presiding officer of the electing body shall designate a member to serve as
182.2temporary chair for purposes of initial organization of the board, and the recording
182.3officer of the body shall include written notice thereof to all the board members with
182.4their certificates of election.
182.5 Sec. 17.
[442A.15] BOARD ORGANIZATION AND PROCEDURES.
182.6 Subdivision 1. Initial, annual meetings. As soon as practicable after the election
182.7of the first board members of a district, the board shall meet at the call of the temporary
182.8chair to elect officers and take other appropriate action for organization and administration
182.9of the district. Each board shall hold a regular annual meeting at the call of the chair or
182.10otherwise as the board prescribes on or as soon as practicable after the first business day in
182.11January of each year and such other regular and special meetings as the board prescribes.
182.12 Subd. 2. Officers. The officers of each district shall be a chair and a vice-chair,
182.13who shall be members of the board, and a secretary and a treasurer, who may but need
182.14not be members of the board. The board of a new district at its initial meeting or as soon
182.15thereafter as practicable shall elect the officers to serve until the first business day in
182.16January next following. Thereafter, the board shall elect the officers at each regular annual
182.17meeting for terms expiring on the first business day in January next following. Each
182.18officer serves until a successor is elected and has qualified.
182.19 Subd. 3. Meeting place; offices. The board at its initial meeting or as soon
182.20thereafter as practicable shall provide for suitable places for board meetings and for offices
182.21of the district officers and may change the same thereafter as the board deems advisable.
182.22The meeting place and offices may be the same as those of any related governing body,
182.23with the approval of the body. The secretary of the board shall notify the secretary of state,
182.24the county auditor of each county wherein any part of the district is situated, and the clerk
182.25or recorder of each related governing body of the locations and post office addresses of the
182.26meeting place and offices and any changes therein.
182.27 Subd. 4. Budget. At any time before the proceeds of the first tax levy in a district
182.28become available, the district board may prepare a budget comprising an estimate of the
182.29expenses of organizing and administering the district until the proceeds are available, with
182.30a proposal for apportionment of the estimated amount among the related governmental
182.31subdivisions, and may request the governing bodies thereof to advance funds according to
182.32the proposal. The governing bodies may authorize advancement of the requested amounts,
182.33or such part thereof as they respectively deem proper, from any funds available in their
182.34respective treasuries. The board shall include in its first tax levy after receipt of any such
183.1advancements a sufficient sum to cover the same and shall cause the same to be repaid,
183.2without interest, from the proceeds of taxes as soon as received.
183.3 Sec. 18.
[442A.16] DISTRICT STATUS AND POWERS.
183.4 Subdivision 1. Status. Every district shall be a public corporation and a governmental
183.5subdivision of the state and shall be deemed to be a municipality or municipal corporation
183.6for the purpose of obtaining federal or state grants or loans or otherwise complying with
183.7any provision of federal or state law or for any other purpose relating to the powers and
183.8purposes of the district for which such status is now or hereafter required by law.
183.9 Subd. 2. Powers and purpose. Every district shall have the powers and purposes
183.10prescribed by this chapter and such others as may now or hereafter be prescribed by law.
183.11No express grant of power or enumeration of powers herein shall be deemed to limit the
183.12generality or scope of any grant of power.
183.13 Subd. 3. Scope of powers and duties. Except as otherwise provided, a power or
183.14duty vested in or imposed upon a district or any of its officers, agents, or employees shall
183.15not be deemed exclusive and shall not supersede or abridge any power or duty vested in or
183.16imposed upon any other agency of the state or any governmental subdivision thereof, but
183.17shall be supplementary thereto.
183.18 Subd. 4. Exercise of power. All the powers of a district shall be exercised by its
183.19board of managers except so far as approval of any action by popular vote or by any other
183.20authority may be expressly required by law.
183.21 Subd. 5. Lawsuits; contracts. A district may sue and be sued and may enter into
183.22any contract necessary or proper for the exercise of its powers or the accomplishment
183.23of its purposes.
183.24 Subd. 6. Property acquisition. A district may acquire by purchase, gift, or
183.25condemnation or may lease or rent any real or personal property within or without the
183.26district that may be necessary for the exercise of district powers or the accomplishment of
183.27district purposes, may hold the property for such purposes, and may lease, rent out, sell, or
183.28otherwise dispose of any property not needed for such purposes.
183.29 Subd. 7. Acceptance of money or property. A district may accept gifts, grants,
183.30or loans of money or other property from the United States, the state, or any person,
183.31corporation, or other entity for district purposes; may enter into any agreement required in
183.32connection therewith; and may hold, use, and dispose of the money or property according
183.33to the terms of the gift, grant, loan, or agreement relating thereto.
183.34 Sec. 19.
[442A.17] SPECIFIC PURPOSES AND POWERS.
184.1 Subdivision 1. Pollution prevention. A district may construct, install, improve,
184.2maintain, and operate any system, works, or facilities within or without the district
184.3required to control and prevent pollution of any waters of the state within its territory.
184.4 Subd. 2. Sewage disposal. A district may construct, install, improve, maintain,
184.5and operate any system, works, or facilities within or without the district required to
184.6provide for, regulate, and control the disposal of sewage, industrial waste, and other waste
184.7originating within its territory. The district may require any person upon whose premises
184.8there is any source of sewage, industrial waste, or other waste within the district to
184.9connect the premises with the disposal system, works, or facilities of the district whenever
184.10reasonable opportunity therefor is provided.
184.11 Subd. 3. Garbage, refuse disposal. A district may construct, install, improve,
184.12maintain, and operate any system, works, or facilities within or without the district required
184.13to provide for, regulate, and control the disposal of garbage or refuse originating within the
184.14district. The district may require any person upon whose premises any garbage or refuse is
184.15produced or accumulated to dispose of the garbage or refuse through the system, works, or
184.16facilities of the district whenever reasonable opportunity therefor is provided.
184.17 Subd. 4. Water supply. A district may procure supplies of water necessary for any
184.18purpose under subdivisions 1 to 3 and may construct, install, improve, maintain, and
184.19operate any system, works, or facilities required therefor within or without the district.
184.20 Subd. 5. Roads. (a) To maintain the integrity of and facilitate access to district
184.21systems, works, or facilities, the district may maintain and repair a road by agreement with
184.22the entity that was responsible for the performance of maintenance and repair immediately
184.23prior to the agreement. Maintenance and repair includes but is not limited to providing
184.24lighting, snow removal, and grass mowing.
184.25(b) A district shall establish a taxing subdistrict of benefited property and shall levy
184.26special taxes, pursuant to section 442A.24, subdivision 2, for the purposes of paying the
184.27cost of improvement or maintenance of a road under paragraph (a).
184.28(c) For purposes of this subdivision, a district shall not be construed as a road
184.29authority under chapter 160.
184.30(d) The district and its officers and employees are exempt from liability for any tort
184.31claim for injury to person or property arising from travel on a road maintained by the
184.32district and related to the road's maintenance or condition.
184.33 Sec. 20.
[442A.18] DISTRICT PROJECTS AND FACILITIES.
184.34 Subdivision 1. Public property. For the purpose of constructing, improving,
184.35maintaining, or operating any system, works, or facilities designed or used for any purpose
185.1under section 442A.17, a district, its officers, agents, employees, and contractors may enter,
185.2occupy, excavate, and otherwise operate in, upon, under, through, or along any public
185.3highway, including a state trunk highway, or any street, park, or other public grounds so
185.4far as necessary for such work, with the approval of the governing body or other authority
185.5in charge of the public property affected and on such terms as may be agreed upon with the
185.6governing body or authority respecting interference with public use, restoration of previous
185.7conditions, compensation for damages, and other pertinent matters. If an agreement cannot
185.8be reached after reasonable opportunity therefor, the district may acquire the necessary
185.9rights, easements, or other interests in the public property by condemnation, subject to all
185.10applicable provisions of law as in case of taking private property, upon condition that the
185.11court shall determine that there is paramount public necessity for the acquisition.
185.12 Subd. 2. Use of other systems. A district may, upon such terms as may be
185.13agreed upon with the respective governing bodies or authorities concerned, provide for
185.14connecting with or using; lease; or acquire and take over any system, works, or facilities
185.15for any purpose under section 442A.17 belonging to any other governmental subdivision
185.16or other public agency.
185.17 Subd. 3. Use by other governmental bodies. A district may, upon such terms
185.18as may be agreed upon with the respective governing bodies or authorities concerned,
185.19authorize the use by any other governmental subdivision or other public agency of any
185.20system, works, or facilities of the district constructed for any purpose under section
185.21442A.17 so far as the capacity thereof is sufficient beyond the needs of the district. A
185.22district may extend any such system, works, or facilities and permit the use thereof by
185.23persons outside the district, so far as the capacity thereof is sufficient beyond the needs of
185.24the district, upon such terms as the board may prescribe.
185.25 Subd. 4. Joint projects. A district may be a party to a joint cooperative project,
185.26undertaking, or enterprise with one or more other governmental subdivisions or other
185.27public agencies for any purpose under section 442A.17 upon such terms as may be
185.28agreed upon between the governing bodies or authorities concerned. Without limiting the
185.29effect of the foregoing provision or any other provision of this chapter, a district, with
185.30respect to any of said purposes, may act under and be subject to section 471.59, or any
185.31other appropriate law providing for joint or cooperative action between governmental
185.32subdivisions or other public agencies.
185.33 Sec. 21.
[442A.19] CONTROL OF SANITARY FACILITIES.
185.34A district may regulate and control the construction, maintenance, and use of privies,
185.35cesspools, septic tanks, toilets, and other facilities and devices for the reception or disposal
186.1of human or animal excreta or other domestic wastes within its territory so far as necessary
186.2to prevent nuisances or pollution or to protect the public health, safety, and welfare
186.3and may prohibit the use of any such facilities or devices not connected with a district
186.4disposal system, works, or facilities whenever reasonable opportunity for such connection
186.5is provided; provided, that the authority of a district under this section does not extend
186.6or apply to the construction, maintenance, operation, or use by any person other than the
186.7district of any disposal system or part thereof within the district under and in accordance
186.8with a valid and existing permit issued by the Minnesota Pollution Control Agency.
186.9 Sec. 22.
[442A.20] DISTRICT PROGRAMS, SURVEYS, AND STUDIES.
186.10A district may develop general programs and particular projects within the scope of
186.11its powers and purposes and may make all surveys, studies, and investigations necessary
186.12for the programs and projects.
186.13 Sec. 23.
[442A.21] GENERAL AND MUNICIPALITY POWERS.
186.14A district may do and perform all other acts and things necessary or proper for the
186.15effectuation of its powers and the accomplishment of its purposes. Without limiting the
186.16effect of the foregoing provision or any other provision of this chapter, a district, with
186.17respect to each and all of said powers and purposes, shall have like powers as are vested
186.18in municipalities with respect to any similar purposes. The exercise of such powers by a
186.19district and all matters pertaining thereto are governed by the law relating to the exercise
186.20of similar powers by municipalities and matters pertaining thereto, so far as applicable,
186.21with like force and effect, except as otherwise provided.
186.22 Sec. 24.
[442A.22] ADVISORY COMMITTEE.
186.23A district board of managers may appoint an advisory committee with membership
186.24and duties as the board prescribes.
186.25 Sec. 25.
[442A.23] BOARD POWERS.
186.26 Subdivision 1. Generally. The board of managers of every district shall have charge
186.27and control of all the funds, property, and affairs of the district. With respect thereto, the
186.28board has the same powers and duties as are provided by law for a municipality with respect
186.29to similar municipal matters, except as otherwise provided. Except as otherwise provided,
186.30the chair, vice-chair, secretary, and treasurer of the district have the same powers and duties,
186.31respectively, as the mayor, acting mayor, clerk, and treasurer of a municipality. Except as
186.32otherwise provided, the exercise of the powers and the performance of the duties of the
187.1board and officers of the district and all other activities, transactions, and procedures of the
187.2district or any of its officers, agents, or employees, respectively, are governed by the law
187.3relating to similar matters in a municipality, so far as applicable, with like force and effect.
187.4 Subd. 2. Regulation of district. The board may enact ordinances, prescribe
187.5regulations, adopt resolutions, and take other appropriate action relating to any matter
187.6within the powers and purposes of the district and may do and perform all other acts and
187.7things necessary or proper for the effectuation of said powers and the accomplishment
187.8of said purposes. The board may provide that violation of a district ordinance is a penal
187.9offense and may prescribe penalties for violations, not exceeding those prescribed by
187.10law for violation of municipal ordinances.
187.11 Subd. 3. Arrest; prosecution. (a) Violations of district ordinances may be
187.12prosecuted before any court having jurisdiction of misdemeanors. Any peace officer may
187.13make arrests for violations committed anywhere within the district in the same manner as
187.14for violations of city ordinances or for statutory misdemeanors.
187.15(b) All fines collected shall be deposited in the treasury of the district.
187.16 Sec. 26.
[442A.24] TAX LEVIES, ASSESSMENTS, AND SERVICE CHARGES.
187.17 Subdivision 1. Tax levies. The board may levy taxes for any district purpose on all
187.18property taxable within the district.
187.19 Subd. 2. Particular area. In the case where a particular area within the district,
187.20but not the entire district, is benefited by a system, works, or facilities of the district,
187.21the board, after holding a public hearing as provided by law for levying assessments on
187.22benefited property, shall by ordinance establish such area as a taxing subdistrict, to be
187.23designated by number, and shall levy special taxes on all the taxable property therein, to be
187.24accounted for separately and used only for the purpose of paying the cost of construction,
187.25improvement, acquisition, maintenance, or operation of such system, works, or facilities,
187.26or paying the principal and interest on bonds issued to provide funds therefor and expenses
187.27incident thereto. The hearing may be held jointly with a hearing for the purpose of levying
187.28assessments on benefited property within the proposed taxing subdistrict.
187.29 Subd. 3. Benefited property. The board shall levy assessments on benefited property
187.30to provide funds for payment of the cost of construction, improvement, or acquisition of
187.31any system, works, or facilities designed or used for any district purpose or for payment of
187.32the principal of and interest on any bonds issued therefor and expenses incident thereto.
187.33 Subd. 4. Service charges. The board shall prescribe service, use, or rental charges
187.34for persons or premises connecting with or making use of any system, works, or facilities
187.35of the district; prescribe the method of payment and collection of the charges; and provide
188.1for the collection thereof for the district by any related governmental subdivision or
188.2other public agency on such terms as may be agreed upon with the governing body or
188.3other authority thereof.
188.4 Sec. 27.
[442A.25] BORROWING POWERS; BONDS.
188.5 Subdivision 1. Borrowing power. The board may authorize the borrowing of
188.6money for any district purpose and provide for the repayment thereof, subject to chapter
188.7475. The taxes initially levied by any district according to section 475.61 for the payment
188.8of district bonds, upon property within each municipality included in the district, shall be
188.9included in computing the levy of the municipality.
188.10 Subd. 2. Bond issuance. The board may authorize the issuance of bonds or
188.11obligations of the district to provide funds for the construction, improvement, or
188.12acquisition of any system, works, or facilities for any district purpose or for refunding
188.13any prior bonds or obligations issued for any such purpose and may pledge the full faith
188.14and credit of the district; the proceeds of tax levies or assessments; service, use, or
188.15rental charges; or any combination thereof to the payment of such bonds or obligations
188.16and interest thereon or expenses incident thereto. An election or vote of the people of
188.17the district is required to authorize the issuance of any bonds or obligations. Except as
188.18otherwise provided in this chapter, the forms and procedures for issuing and selling bonds
188.19and provisions for payment thereof must comply with chapter 475.
188.20 Sec. 28.
[442A.26] FUNDS; DISTRICT TREASURY.
188.21The proceeds of all tax levies, assessments, service, use, or rental charges, and
188.22other income of the district must be deposited in the district treasury and must be held
188.23and disposed of as the board may direct for district purposes, subject to any pledges or
188.24dedications made by the board for the use of particular funds for the payment of bonds,
188.25interest thereon, or expenses incident thereto or for other specific purposes.
188.26 Sec. 29.
[442A.27] EFFECT OF DISTRICT ORDINANCES AND FACILITIES.
188.27In any case where an ordinance is enacted or a regulation adopted by a district
188.28board relating to the same subject matter and applicable in the same area as an existing
188.29ordinance or regulation of a related governmental subdivision for the district, the district
188.30ordinance or regulation, to the extent of its application, supersedes the ordinance or
188.31regulation of the related governmental subdivision. In any case where an area within a
188.32district is served for any district purpose by a system, works, or facilities of the district,
188.33no system, works, or facilities shall be constructed, maintained, or operated for the same
189.1purpose in the same area by any related governmental subdivision or other public agency
189.2except as approved by the district board.
189.3 Sec. 30.
[442A.28] APPLICATION.
189.4This chapter does not abridge or supersede any authority of the Minnesota Pollution
189.5Control Agency or the commissioner of health, but is subject and supplementary thereto.
189.6Districts and members of district boards are subject to the authority of the Minnesota
189.7Pollution Control Agency and have no power or authority to abate or control pollution that
189.8is permitted by and in accord with any classification of waters, standards of water quality,
189.9or permit established, fixed, or issued by the Minnesota Pollution Control Agency.
189.10 Sec. 31.
[442A.29] CHIEF ADMINISTRATIVE LAW JUDGE'S POWERS.
189.11 Subdivision 1. Alternative dispute resolution. (a) Notwithstanding sections
189.12442A.01 to 442A.28, before assigning a matter to an administrative law judge for hearing,
189.13the chief administrative law judge, upon consultation with affected parties and considering
189.14the procedures and principles established in sections 442A.01 to 442A.28, may require
189.15that disputes over proposed sanitary district creations, attachments, detachments, or
189.16dissolutions be addressed in whole or in part by means of alternative dispute resolution
189.17processes in place of, or in connection with, hearings that would otherwise be required
189.18under sections 442A.01 to 442A.28, including those provided in chapter 14.
189.19(b) In all proceedings, the chief administrative law judge has the authority and
189.20responsibility to conduct hearings and issue final orders related to the hearings under
189.21sections 442A.01 to 442A.28.
189.22 Subd. 2. Cost of proceedings. (a) The parties to any matter directed to alternative
189.23dispute resolution under subdivision 1 must pay the costs of the alternative dispute
189.24resolution process or hearing in the proportions that the parties agree to.
189.25(b) Notwithstanding section 14.53 or other law, the Office of Administrative
189.26Hearings is not liable for the costs.
189.27(c) If the parties do not agree to a division of the costs before the commencement of
189.28mediation, arbitration, or hearing, the costs must be allocated on an equitable basis by
189.29the mediator, arbitrator, or chief administrative law judge.
189.30(d) The chief administrative law judge may contract with the parties to a matter for
189.31the purpose of providing administrative law judges and reporters for an administrative
189.32proceeding or alternative dispute resolution.
189.33(e) The chief administrative law judge shall assess the cost of services rendered by
189.34the Office of Administrative Hearings as provided by section 14.53.
190.1 Subd. 3. Parties. In this section, "party" means:
190.2(1) a property owner, group of property owners, sanitary district, municipality, or
190.3township that files an initiating document or timely objection under this chapter;
190.4(2) the sanitary district, municipality, or township within which the subject area
190.5is located;
190.6(3) a municipality abutting the subject area; and
190.7(4) any other person, group of persons, or governmental agency residing in, owning
190.8property in, or exercising jurisdiction over the subject area that submits a timely request
190.9and is determined by the presiding administrative law judge to have a direct legal interest
190.10that will be affected by the outcome of the proceeding.
190.11 Subd. 4. Effectuation of agreements. Matters resolved or agreed to by the parties
190.12as a result of an alternative dispute resolution process, or otherwise, may be incorporated
190.13into one or more stipulations for purposes of further proceedings according to the
190.14applicable procedures and statutory criteria of this chapter.
190.15 Subd. 5. Limitations on authority. Nothing in this section shall be construed to
190.16permit a sanitary district, municipality, town, or other political subdivision to take, or
190.17agree to take, an action that is not otherwise authorized by this chapter.
190.18 Sec. 32.
REPEALER.
190.19Minnesota Statutes 2012, sections 115.18, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10;
190.20115.19; 115.20; 115.21; 115.22; 115.23; 115.24; 115.25; 115.26; 115.27; 115.28; 115.29;
190.21115.30; 115.31; 115.32; 115.33; 115.34; 115.35; 115.36; and 115.37, are repealed.
190.22 Sec. 33.
EFFECTIVE DATE.
190.23Unless otherwise provided in this article, sections 1 to 32 are effective August 1, 2013.