HF 976

CCR--HF0976 - 88th Legislature (2013 - 2014)

Posted on 05/18/2013 03:51 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 976 1.2A bill for an act 1.3relating to state government; appropriating money for environment, natural 1.4resources, and agriculture; modifying and providing for certain fees; modifying 1.5and providing for disposition of certain revenue; creating accounts; modifying 1.6payment of certain costs; modifying grant programs; providing for agricultural 1.7water quality certification; modifying Minnesota Noxious Weed Law; modifying 1.8pesticide control; modifying animal waste technician provisions; modifying 1.9certain renewable energy and biofuel provisions; modifying bonding requirements 1.10for grain buyers and grain storage; making technical changes; modifying certain 1.11permit requirements; providing for federal law compliance; providing for certain 1.12easements; establishing pollinator habitat program; modifying state trails; 1.13modifying all-terrain vehicle operating provisions; modifying State Timber 1.14Act; modifying water use requirements; modifying certain park boundaries; 1.15modifying reporting requirements; modifying Petroleum Tank Release Cleanup 1.16Act; providing for silica sand mining model standards and technical assistance; 1.17establishing criteria for wastewater treatment system projects; providing for 1.18wastewater laboratory certification; providing for product stewardship programs; 1.19modifying Minnesota Power Plant Siting Act; providing for sanitary districts; 1.20requiring groundwater sustainability recommendations; requiring rulemaking; 1.21amending Minnesota Statutes 2012, sections 17.03, subdivision 3; 17.1015; 1.2217.118, subdivision 2; 18.77, subdivisions 3, 4, 10, 12; 18.78, subdivision 3; 1.2318.79, subdivisions 6, 13; 18.82, subdivision 1; 18.91, subdivisions 1, 2; 18B.01, 1.24by adding a subdivision; 18B.065, subdivision 2a; 18B.07, subdivisions 4, 5, 7; 1.2518B.26, subdivision 3; 18B.305; 18B.316, subdivisions 1, 3, 4, 8, 9; 18B.37, 1.26subdivision 4; 18C.430; 18C.433, subdivision 1; 31.94; 41A.10, subdivision 2, 1.27by adding a subdivision; 41A.105, subdivisions 1a, 3, 5; 41A.12, by adding a 1.28subdivision; 41B.04, subdivision 9; 41D.01, subdivision 4; 84.027, by adding a 1.29subdivision; 84.82, by adding a subdivision; 84.922, by adding a subdivision; 1.3084.9256, subdivision 1; 84.928, subdivision 1; 84D.108, subdivision 2; 85.015, 1.31subdivision 13; 85.052, subdivision 6; 85.054, by adding a subdivision; 85.055, 1.32subdivisions 1, 2; 85.42; 89.0385; 89.17; 90.01, subdivisions 4, 5, 6, 8, 11; 1.3390.031, subdivision 4; 90.041, subdivisions 2, 5, 6, 9, by adding subdivisions; 1.3490.045; 90.061, subdivision 8; 90.101, subdivision 1; 90.121; 90.145; 90.151, 1.35subdivisions 1, 2, 3, 4, 6, 7, 8, 9; 90.161; 90.162; 90.171; 90.181, subdivision 2; 1.3690.191, subdivision 1; 90.193; 90.195; 90.201, subdivision 2a; 90.211; 90.221; 1.3790.252, subdivision 1; 90.301, subdivisions 2, 4; 90.41, subdivision 1; 92.50; 1.3893.17, subdivision 1; 93.1925, subdivision 2; 93.25, subdivision 2; 93.285, 1.39subdivision 3; 93.46, by adding a subdivision; 93.481, subdivisions 3, 5, by 1.40adding subdivisions; 93.482; 97A.401, subdivision 3; 103G.265, subdivisions 1.412, 3; 103G.271, subdivisions 1, 4, 6; 103G.282; 103G.287, subdivisions 1, 1.424, 5; 103G.615, subdivision 2; 103I.205, subdivision 1; 103I.601, by adding 1.43a subdivision; 114D.50, subdivision 4; 115A.1320, subdivision 1; 115B.20, 2.1subdivision 6; 115B.28, subdivision 1; 115C.02, subdivision 4; 115C.08, 2.2subdivision 4, by adding a subdivision; 115D.10; 116.48, subdivision 6; 116C.03, 2.3subdivisions 2, 4, 5; 116D.04, by adding a subdivision; 116J.437, subdivision 2.41; 168.1296, subdivision 1; 216E.12, subdivision 4; 223.17, by adding a 2.5subdivision; 232.22, by adding a subdivision; 239.051, by adding subdivisions; 2.6239.791, subdivisions 1, 2a, 2b; 239.7911; 275.066; 296A.01, subdivision 19, by 2.7adding a subdivision; 473.846; Laws 2012, chapter 249, section 11; proposing 2.8coding for new law in Minnesota Statutes, chapters 17; 18; 84; 90; 93; 115; 2.9115A; 116C; proposing coding for new law as Minnesota Statutes, chapter 442A; 2.10repealing Minnesota Statutes 2012, sections 18.91, subdivisions 3, 5; 18B.07, 2.11subdivision 6; 90.163; 90.173; 90.41, subdivision 2; 103G.265, subdivision 2a; 2.12115.18, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10; 115.19; 115.20; 115.21; 115.22; 2.13115.23; 115.24; 115.25; 115.26; 115.27; 115.28; 115.29; 115.30; 115.31; 115.32; 2.14115.33; 115.34; 115.35; 115.36; 115.37; 239.791, subdivision 1a; Minnesota 2.15Rules, parts 7021.0010, subparts 1, 2, 4, 5; 7021.0020; 7021.0030; 7021.0040; 2.167021.0050, subpart 5; 9210.0300; 9210.0310; 9210.0320; 9210.0330; 9210.0340; 2.179210.0350; 9210.0360; 9210.0370; 9210.0380; 9220.0530, subpart 6. 2.18May 18, 2013 2.19The Honorable Paul Thissen 2.20Speaker of the House of Representatives 2.21The Honorable Sandra L. Pappas 2.22President of the Senate 2.23We, the undersigned conferees for H. F. No. 976 report that we have agreed upon the 2.24items in dispute and recommend as follows: 2.25That the Senate recede from its amendments and that H. F. No. 976 be further 2.26amended as follows: 2.27Delete everything after the enacting clause and insert: 2.28"ARTICLE 1 2.29AGRICULTURE APPROPRIATIONS 2.30 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 2.31 new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.32 new text begin in this article. new text end 2.33 new text begin 2014 new text end new text begin 2015 new text end new text begin Total new text end 2.34 new text begin General new text end new text begin $ new text end new text begin 39,050,000 new text end new text begin $ new text end new text begin 39,050,000 new text end new text begin $ new text end new text begin 78,100,000 new text end 2.35 new text begin Agricultural new text end new text begin $ new text end new text begin 1,240,000 new text end new text begin $ new text end new text begin 1,240,000 new text end new text begin $ new text end new text begin 2,480,000 new text end 2.36 new text begin Remediation new text end new text begin $ new text end new text begin 388,000 new text end new text begin $ new text end new text begin 388,000 new text end new text begin $ new text end new text begin 776,000 new text end 2.37 new text begin Total new text end new text begin $ new text end new text begin 40,678,000 new text end new text begin $ new text end new text begin 40,678,000 new text end new text begin $ new text end new text begin 81,356,000 new text end 2.38 Sec. 2. new text begin AGRICULTURE APPROPRIATIONS. new text end 2.39 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.40 new text begin agencies and for the purposes specified in this act. The appropriations are from the general new text end 2.41 new text begin fund, or another named fund, and are available for the fiscal years indicated for each new text end 2.42 new text begin purpose. The figures "2014" and "2015" used in this act mean that the appropriations new text end 3.1 new text begin listed under them are available for the fiscal year ending June 30, 2014, or June 30, 2015, new text end 3.2 new text begin respectively. "The first year" is fiscal year 2014. "The second year" is fiscal year 2015. new text end 3.3 new text begin "The biennium" is fiscal years 2014 and 2015. new text end 3.4 new text begin APPROPRIATIONS new text end 3.5 new text begin Available for the Year new text end 3.6 new text begin Ending June 30 new text end 3.7 new text begin 2014 new text end new text begin 2015 new text end 3.8 Sec. 3. new text begin DEPARTMENT OF AGRICULTURE new text end 3.9 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 33,198,000 new text end new text begin $ new text end new text begin 33,198,000 new text end 3.10 new text begin Appropriations by Fund new text end 3.11 new text begin 2014 new text end new text begin 2015 new text end 3.12 new text begin General new text end new text begin 31,570,000 new text end new text begin 31,570,000 new text end 3.13 new text begin Remediation new text end new text begin 388,000 new text end new text begin 388,000 new text end 3.14 new text begin Agricultural new text end new text begin 1,240,000 new text end new text begin 1,240,000 new text end 3.15 new text begin The amounts that may be spent for each new text end 3.16 new text begin purpose are specified in the following new text end 3.17 new text begin subdivisions. new text end 3.18 new text begin Subd. 2. new text end new text begin Protection Services new text end new text begin 12,808,000 new text end new text begin 12,808,000 new text end 3.19 new text begin Appropriations by Fund new text end 3.20 new text begin 2014 new text end new text begin 2015 new text end 3.21 new text begin General new text end new text begin 11,980,000 new text end new text begin 11,980,000 new text end 3.22 new text begin Agricultural new text end new text begin 440,000 new text end new text begin 440,000 new text end 3.23 new text begin Remediation new text end new text begin 388,000 new text end new text begin 388,000 new text end 3.24 new text begin $388,000 the first year and $388,000 the new text end 3.25 new text begin second year are from the remediation fund new text end 3.26 new text begin for administrative funding for the voluntary new text end 3.27 new text begin cleanup program. new text end 3.28 new text begin $25,000 the first year and $25,000 the second new text end 3.29 new text begin year are for compensation for destroyed or new text end 3.30 new text begin crippled animals under Minnesota Statutes, new text end 3.31 new text begin section 3.737. If the amount in the first year new text end 3.32 new text begin is insufficient, the amount in the second year new text end 3.33 new text begin is available in the first year. new text end 3.34 new text begin $75,000 the first year and $75,000 the second new text end 3.35 new text begin year are for compensation for crop damage new text end 4.1 new text begin under Minnesota Statutes, section 3.7371. If new text end 4.2 new text begin the amount in the first year is insufficient, the new text end 4.3 new text begin amount in the second year is available in the new text end 4.4 new text begin first year. new text end 4.5 new text begin If the commissioner determines that claims new text end 4.6 new text begin made under Minnesota Statutes, section new text end 4.7 new text begin 3.737 or 3.7371, are unusually high, amounts new text end 4.8 new text begin appropriated for either program may be new text end 4.9 new text begin transferred to the appropriation for the other new text end 4.10 new text begin program. new text end 4.11 new text begin $225,000 the first year and $225,000 the new text end 4.12 new text begin second year are for an increase in retail food new text end 4.13 new text begin handler inspections. new text end 4.14 new text begin $245,000 the first year and $245,000 the new text end 4.15 new text begin second year are for an increase in the new text end 4.16 new text begin operating budget for the Laboratory Services new text end 4.17 new text begin Division. new text end 4.18 new text begin Notwithstanding Minnesota Statutes, section new text end 4.19 new text begin 18B.05, $90,000 the first year and $90,000 new text end 4.20 new text begin the second year are from the pesticide new text end 4.21 new text begin regulatory account in the agricultural fund new text end 4.22 new text begin for an increase in the operating budget for new text end 4.23 new text begin the Laboratory Services Division. new text end 4.24 new text begin $100,000 the first year and $100,000 the new text end 4.25 new text begin second year are from the pesticide regulatory new text end 4.26 new text begin account in the agricultural fund to monitor new text end 4.27 new text begin pesticides and pesticide degradates in surface new text end 4.28 new text begin water and groundwater in areas vulnerable to new text end 4.29 new text begin surface water impairments and groundwater new text end 4.30 new text begin degradation and to use data collected to new text end 4.31 new text begin improve pesticide use practices. This is a new text end 4.32 new text begin onetime appropriation. new text end 4.33 new text begin $100,000 the first year and $100,000 the new text end 4.34 new text begin second year are from the pesticide regulatory new text end 5.1 new text begin account in the agricultural fund to update new text end 5.2 new text begin and modify applicator education and training new text end 5.3 new text begin materials. No later than January 15, 2015, the new text end 5.4 new text begin commissioner must report to the legislative new text end 5.5 new text begin committees with jurisdiction over agriculture new text end 5.6 new text begin finance regarding the agency's progress and a new text end 5.7 new text begin schedule of activities the commissioner will new text end 5.8 new text begin accomplish to update and modify additional new text end 5.9 new text begin materials by December 31, 2017. new text end 5.10 new text begin Notwithstanding Minnesota Statutes, section new text end 5.11 new text begin 18B.05, $150,000 the first year and $150,000 new text end 5.12 new text begin the second year are from the pesticide new text end 5.13 new text begin regulatory account in the agricultural fund to: new text end 5.14 new text begin develop and use best management practices new text end 5.15 new text begin that protect pollinators by providing habitat new text end 5.16 new text begin necessary for their survival and reproduction; new text end 5.17 new text begin incorporate these practices into pesticide new text end 5.18 new text begin applicator and county agricultural inspector new text end 5.19 new text begin training; and increase public awareness of new text end 5.20 new text begin the importance of pollinators and pollinator new text end 5.21 new text begin habitat. The commissioner may transfer a new text end 5.22 new text begin portion of this appropriation to the Board of new text end 5.23 new text begin Regents of the University of Minnesota to new text end 5.24 new text begin design habitat and measure and report the new text end 5.25 new text begin outcomes achieved under this paragraph. new text end 5.26 new text begin This is a onetime appropriation. new text end 5.27 5.28 new text begin Subd. 3. new text end new text begin Agricultural Marketing and new text end new text begin Development new text end new text begin 3,062,000 new text end new text begin 3,062,000 new text end 5.29 new text begin $186,000 the first year and $186,000 the new text end 5.30 new text begin second year are for transfer to the Minnesota new text end 5.31 new text begin grown account and may be used as grants new text end 5.32 new text begin for Minnesota grown promotion under new text end 5.33 new text begin Minnesota Statutes, section 17.102. Grants new text end 5.34 new text begin may be made for one year. Notwithstanding new text end 5.35 new text begin Minnesota Statutes, section 16A.28, the new text end 5.36 new text begin appropriations encumbered under contract new text end 6.1 new text begin on or before June 30, 2015, for Minnesota new text end 6.2 new text begin grown grants in this paragraph are available new text end 6.3 new text begin until June 30, 2017. new text end 6.4 new text begin $100,000 each year is for a licensed new text end 6.5 new text begin education professional for the agriculture new text end 6.6 new text begin in the classroom program to develop and new text end 6.7 new text begin disseminate curriculum, provide teacher new text end 6.8 new text begin training opportunities, and work with new text end 6.9 new text begin schools to enhance agricultural literacy by new text end 6.10 new text begin incorporating agriculture into classroom new text end 6.11 new text begin curriculum. new text end 6.12 new text begin The commissioner may use funds new text end 6.13 new text begin appropriated in this subdivision for annual new text end 6.14 new text begin cost-share payments to resident farmers new text end 6.15 new text begin or entities that sell, process, or package new text end 6.16 new text begin agricultural products in this state for the costs new text end 6.17 new text begin of organic certification. Annual cost-share new text end 6.18 new text begin payments must be 75 percent of the cost of the new text end 6.19 new text begin certification or $750, whichever is less. The new text end 6.20 new text begin commissioner may allocate these funds for new text end 6.21 new text begin organic market and program development, new text end 6.22 new text begin including organic producer education efforts, new text end 6.23 new text begin assistance for persons transitioning from new text end 6.24 new text begin conventional to organic agriculture, or new text end 6.25 new text begin sustainable agriculture demonstration grants new text end 6.26 new text begin authorized under Minnesota Statutes, section new text end 6.27 new text begin 17.116, and pertaining to organic research or new text end 6.28 new text begin demonstration. Any unencumbered balance new text end 6.29 new text begin does not cancel at the end of the first year new text end 6.30 new text begin and is available for the second year. new text end 6.31 6.32 new text begin Subd. 4. new text end new text begin Bioenergy and Value-Added new text end new text begin Agriculture new text end new text begin 10,235,000 new text end new text begin 10,235,000 new text end 6.33 new text begin $10,235,000 the first year and $10,235,000 new text end 6.34 new text begin the second year are for the agricultural new text end 6.35 new text begin growth, research, and innovation program new text end 7.1 new text begin in Minnesota Statutes, section 41A.12. new text end 7.2 new text begin The commissioner shall consider creating new text end 7.3 new text begin a competitive grant program for small new text end 7.4 new text begin renewable energy projects for rural residents. new text end 7.5 new text begin No later than February 1, 2014, and February new text end 7.6 new text begin 1, 2015, the commissioner must report to new text end 7.7 new text begin the legislative committees with jurisdiction new text end 7.8 new text begin over agriculture policy and finance regarding new text end 7.9 new text begin the commissioner's accomplishments and new text end 7.10 new text begin anticipated accomplishments in the following new text end 7.11 new text begin areas: developing new markets for Minnesota new text end 7.12 new text begin farmers by providing more fruits and new text end 7.13 new text begin vegetables for Minnesota school children; new text end 7.14 new text begin facilitating the start-up, modernization, new text end 7.15 new text begin or expansion of livestock operations new text end 7.16 new text begin including beginning and transitioning new text end 7.17 new text begin livestock operations; facilitating the start-up, new text end 7.18 new text begin modernization, or expansion of other new text end 7.19 new text begin beginning and transitioning farms; research new text end 7.20 new text begin on conventional and cover crops; and biofuel new text end 7.21 new text begin and other renewable energy development new text end 7.22 new text begin including small renewable energy projects new text end 7.23 new text begin for rural residents. new text end 7.24 new text begin The commissioner may use up to 4.5 percent new text end 7.25 new text begin of this appropriation for costs incurred to new text end 7.26 new text begin administer the program. Any unencumbered new text end 7.27 new text begin balance does not cancel at the end of the first new text end 7.28 new text begin year and is available for the second year. new text end 7.29 new text begin Notwithstanding Minnesota Statutes, section new text end 7.30 new text begin 16A.28, the appropriations encumbered new text end 7.31 new text begin under contract on or before June 30, 2015, for new text end 7.32 new text begin agricultural growth, research, and innovation new text end 7.33 new text begin grants in this subdivision are available until new text end 7.34 new text begin June 30, 2017. new text end 7.35 new text begin Money in this appropriation may be used new text end 7.36 new text begin to provide additional assistance to persons new text end 8.1 new text begin eligible for the pilot agricultural microloan new text end 8.2 new text begin program under Minnesota Statutes, section new text end 8.3 new text begin 41B.056. new text end 8.4 new text begin Funds in this appropriation may be used for new text end 8.5 new text begin grants under this paragraph. The NextGen new text end 8.6 new text begin Energy Board, established in Minnesota new text end 8.7 new text begin Statutes, section 41A.105, shall make new text end 8.8 new text begin recommendations to the commissioner on new text end 8.9 new text begin grants for owners of Minnesota facilities new text end 8.10 new text begin producing bioenergy, biobased content, new text end 8.11 new text begin or a biobased formulated product; for new text end 8.12 new text begin organizations that provide for on-station, new text end 8.13 new text begin on-farm field scale research and outreach to new text end 8.14 new text begin develop and test the agronomic and economic new text end 8.15 new text begin requirements of diverse stands of prairie new text end 8.16 new text begin plants and other perennials for bioenergy new text end 8.17 new text begin systems; or for certain nongovernmental new text end 8.18 new text begin entities. For the purposes of this paragraph, new text end 8.19 new text begin "bioenergy" includes transportation fuels new text end 8.20 new text begin derived from cellulosic material, as well as new text end 8.21 new text begin the generation of energy for commercial heat, new text end 8.22 new text begin industrial process heat, or electrical power new text end 8.23 new text begin from cellulosic materials via gasification or new text end 8.24 new text begin other processes. Grants are limited to 50 new text end 8.25 new text begin percent of the cost of research, technical new text end 8.26 new text begin assistance, or equipment related to bioenergy, new text end 8.27 new text begin biobased content, or biobased formulated new text end 8.28 new text begin product production or $500,000, whichever new text end 8.29 new text begin is less. Grants to nongovernmental entities new text end 8.30 new text begin for the development of business plans and new text end 8.31 new text begin structures related to community ownership new text end 8.32 new text begin of eligible bioenergy facilities together may new text end 8.33 new text begin not exceed $150,000. The board shall make new text end 8.34 new text begin a good-faith effort to select projects that have new text end 8.35 new text begin merit and, when taken together, represent a new text end 8.36 new text begin variety of bioenergy technologies, biomass new text end 9.1 new text begin feedstocks, and geographic regions of the new text end 9.2 new text begin state. Projects must have a qualified engineer new text end 9.3 new text begin provide certification on the technology and new text end 9.4 new text begin fuel source. Grantees must provide reports new text end 9.5 new text begin at the request of the commissioner. No later new text end 9.6 new text begin than February 1, 2014, and February 1, new text end 9.7 new text begin 2015, the commissioner shall report on the new text end 9.8 new text begin projects funded under this appropriation to new text end 9.9 new text begin the legislative committees with jurisdiction new text end 9.10 new text begin over agriculture policy and finance. new text end 9.11 new text begin Money in this appropriation may be used new text end 9.12 new text begin for sustainable agriculture grants under new text end 9.13 new text begin Minnesota Statutes, section 17.116. new text end 9.14 new text begin Notwithstanding Minnesota Statutes, section new text end 9.15 new text begin 41A.12, subdivision 3, of the amount new text end 9.16 new text begin appropriated in this subdivision, $1,000,000 new text end 9.17 new text begin the first year and $1,000,000 the second year new text end 9.18 new text begin are for distribution in equal amounts to each new text end 9.19 new text begin of the state's county fairs to enhance arts new text end 9.20 new text begin access and education and to preserve and new text end 9.21 new text begin promote Minnesota's history and cultural new text end 9.22 new text begin heritage. new text end 9.23 9.24 new text begin Subd. 5. new text end new text begin Administration and Financial new text end new text begin Assistance new text end new text begin 7,093,000 new text end new text begin 7,093,000 new text end 9.25 new text begin Appropriations by Fund new text end 9.26 new text begin General new text end new text begin 6,293,000 new text end new text begin 6,293,000 new text end 9.27 new text begin Agricultural new text end new text begin 800,000 new text end new text begin 800,000 new text end 9.28 new text begin $634,000 the first year and $634,000 the new text end 9.29 new text begin second year are for continuation of the dairy new text end 9.30 new text begin development and profitability enhancement new text end 9.31 new text begin and dairy business planning grant programs new text end 9.32 new text begin established under Laws 1997, chapter new text end 9.33 new text begin 216, section 7, subdivision 2, and Laws new text end 9.34 new text begin 2001, First Special Session chapter 2, new text end 9.35 new text begin section 9, subdivision 2. The commissioner new text end 10.1 new text begin may allocate the available sums among new text end 10.2 new text begin permissible activities, including efforts to new text end 10.3 new text begin improve the quality of milk produced in the new text end 10.4 new text begin state in the proportions that the commissioner new text end 10.5 new text begin deems most beneficial to Minnesota's new text end 10.6 new text begin dairy farmers. The commissioner must new text end 10.7 new text begin submit a detailed accomplishment report new text end 10.8 new text begin and a work plan detailing future plans for, new text end 10.9 new text begin and anticipated accomplishments from, new text end 10.10 new text begin expenditures under this program to the new text end 10.11 new text begin chairs and ranking minority members of the new text end 10.12 new text begin legislative committees with jurisdiction over new text end 10.13 new text begin agricultural policy and finance on or before new text end 10.14 new text begin the start of each fiscal year. If significant new text end 10.15 new text begin changes are made to the plans in the course new text end 10.16 new text begin of the year, the commissioner must notify the new text end 10.17 new text begin chairs and ranking minority members. new text end 10.18 new text begin $47,000 the first year and $47,000 the second new text end 10.19 new text begin year are for the Northern Crops Institute. new text end 10.20 new text begin These appropriations may be spent to new text end 10.21 new text begin purchase equipment. new text end 10.22 new text begin $18,000 the first year and $18,000 the new text end 10.23 new text begin second year are for a grant to the Minnesota new text end 10.24 new text begin Livestock Breeders Association. new text end 10.25 new text begin $235,000 the first year and $235,000 the new text end 10.26 new text begin second year are for grants to the Minnesota new text end 10.27 new text begin Agricultural Education and Leadership new text end 10.28 new text begin Council for programs of the council under new text end 10.29 new text begin Minnesota Statutes, chapter 41D. new text end 10.30 new text begin $474,000 the first year and $474,000 the new text end 10.31 new text begin second year are for payments to county and new text end 10.32 new text begin district agricultural societies and associations new text end 10.33 new text begin under Minnesota Statutes, section 38.02, new text end 10.34 new text begin subdivision 1. Aid payments to county and new text end 10.35 new text begin district agricultural societies and associations new text end 11.1 new text begin shall be disbursed no later than July 15 of new text end 11.2 new text begin each year. These payments are the amount of new text end 11.3 new text begin aid from the state for an annual fair held in new text end 11.4 new text begin the previous calendar year. new text end 11.5 new text begin $1,000 the first year and $1,000 the second new text end 11.6 new text begin year are for grants to the Minnesota State new text end 11.7 new text begin Poultry Association. new text end 11.8 new text begin $108,000 the first year and $108,000 the new text end 11.9 new text begin second year are for annual grants to the new text end 11.10 new text begin Minnesota Turf Seed Council for basic new text end 11.11 new text begin and applied research on: (1) the improved new text end 11.12 new text begin production of forage and turf seed related to new text end 11.13 new text begin new and improved varieties; and (2) native new text end 11.14 new text begin plants, including plant breeding, nutrient new text end 11.15 new text begin management, pest management, disease new text end 11.16 new text begin management, yield, and viability. The grant new text end 11.17 new text begin recipient may subcontract with a qualified new text end 11.18 new text begin third party for some or all of the basic or new text end 11.19 new text begin applied research. new text end 11.20 new text begin $500,000 the first year and $500,000 the new text end 11.21 new text begin second year are for grants to Second Harvest new text end 11.22 new text begin Heartland on behalf of Minnesota's six new text end 11.23 new text begin Second Harvest food banks for the purchase new text end 11.24 new text begin of milk for distribution to Minnesota's food new text end 11.25 new text begin shelves and other charitable organizations new text end 11.26 new text begin that are eligible to receive food from the food new text end 11.27 new text begin banks. Milk purchased under the grants must new text end 11.28 new text begin be acquired from Minnesota milk processors new text end 11.29 new text begin and based on low-cost bids. The milk must be new text end 11.30 new text begin allocated to each Second Harvest food bank new text end 11.31 new text begin serving Minnesota according to the formula new text end 11.32 new text begin used in the distribution of United States new text end 11.33 new text begin Department of Agriculture commodities new text end 11.34 new text begin under The Emergency Food Assistance new text end 11.35 new text begin Program (TEFAP). Second Harvest new text end 12.1 new text begin Heartland must submit quarterly reports new text end 12.2 new text begin to the commissioner on forms prescribed new text end 12.3 new text begin by the commissioner. The reports must new text end 12.4 new text begin include, but are not limited to, information new text end 12.5 new text begin on the expenditure of funds, the amount new text end 12.6 new text begin of milk purchased, and the organizations new text end 12.7 new text begin to which the milk was distributed. Second new text end 12.8 new text begin Harvest Heartland may enter into contracts new text end 12.9 new text begin or agreements with food banks for shared new text end 12.10 new text begin funding or reimbursement of the direct new text end 12.11 new text begin purchase of milk. Each food bank receiving new text end 12.12 new text begin money from this appropriation may use up to new text end 12.13 new text begin two percent of the grant for administrative new text end 12.14 new text begin expenses. new text end 12.15 new text begin $94,000 the first year and $94,000 the new text end 12.16 new text begin second year are for transfer to the Board of new text end 12.17 new text begin Trustees of the Minnesota State Colleges new text end 12.18 new text begin and Universities for statewide mental health new text end 12.19 new text begin counseling support to farm families and new text end 12.20 new text begin business operators through farm business new text end 12.21 new text begin management programs at Central Lakes new text end 12.22 new text begin College and Ridgewater College. new text end 12.23 new text begin $17,000 the first year and $17,000 the new text end 12.24 new text begin second year are for grants to the Minnesota new text end 12.25 new text begin Horticultural Society. new text end 12.26 new text begin Notwithstanding Minnesota Statutes, new text end 12.27 new text begin section 18C.131, $800,000 the first year new text end 12.28 new text begin and $800,000 the second year are from the new text end 12.29 new text begin fertilizer account in the agricultural fund new text end 12.30 new text begin for grants for fertilizer research as awarded new text end 12.31 new text begin by the Minnesota Agricultural Fertilizer new text end 12.32 new text begin Research and Education Council under new text end 12.33 new text begin Minnesota Statutes, section 18C.71. The new text end 12.34 new text begin amount appropriated in either fiscal year new text end 12.35 new text begin must not exceed 57 percent of the inspection new text end 13.1 new text begin fee revenue collected under Minnesota new text end 13.2 new text begin Statutes, section 18C.425, subdivision 6, new text end 13.3 new text begin during the previous fiscal year. No later new text end 13.4 new text begin than February 1, 2015, the commissioner new text end 13.5 new text begin shall report to the legislative committees new text end 13.6 new text begin with jurisdiction over agriculture finance. new text end 13.7 new text begin The report must include the progress and new text end 13.8 new text begin outcome of funded projects as well as the new text end 13.9 new text begin sentiment of the council concerning the need new text end 13.10 new text begin for additional research funds. new text end 13.11 Sec. 4. new text begin BOARD OF ANIMAL HEALTH new text end new text begin $ new text end new text begin 4,837,000 new text end new text begin $ new text end new text begin 4,837,000 new text end 13.12 13.13 Sec. 5. new text begin AGRICULTURAL UTILIZATION new text end new text begin RESEARCH INSTITUTE new text end new text begin $ new text end new text begin 2,643,000 new text end new text begin $ new text end new text begin 2,643,000 new text end 13.14ARTICLE 2 13.15AGRICULTURE POLICY 13.16    Section 1. Minnesota Statutes 2012, section 13.6435, is amended by adding a 13.17subdivision to read: 13.18     new text begin Subd. 14. new text end new text begin Agricultural water quality certification program. new text end new text begin Data collected new text end 13.19 new text begin under the Minnesota agricultural water quality certification program are classified under new text end 13.20 new text begin section 17.9899. new text end 13.21    Sec. 2. 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. new text begin Money made available under this paragraph may new text end 13.33 new text begin be paid pursuant to applicable federal regulations and rate structures. new text end 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. 3. 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 new text begin in the same manner that private persons, firms, corporations, and associations new text end 14.16 new text begin make expenditures for these purposes new text end , 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. 4. 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. 5. new text begin [17.9891] PURPOSE. new text end 15.31 new text begin The commissioner, in consultation with the commissioner of natural resources, new text end 15.32 new text begin commissioner of the Pollution Control Agency, and Board of Water and Soil Resources, new text end 15.33 new text begin may implement a Minnesota agricultural water quality certification program whereby a new text end 15.34 new text begin producer who demonstrates practices and management sufficient to protect water quality new text end 15.35 new text begin is certified for up to ten years and presumed to be contributing the producer's share of new text end 16.1 new text begin any targeted reduction of water pollutants during the certification period. The program new text end 16.2 new text begin is voluntary. The voluntary program will first be piloted in selected watersheds across new text end 16.3 new text begin the state, until the commissioner, in consultation with the Minnesota Agricultural Water new text end 16.4 new text begin Quality Certification Program Advisory Committee, commissioner of natural resources, new text end 16.5 new text begin commissioner of the Pollution Control Agency, and Board of Water and Soil Resources, new text end 16.6 new text begin determines the program is suitable to be implemented in other watersheds. new text end 16.7    Sec. 6. new text begin [17.9892] DEFINITIONS. new text end 16.8     new text begin Subdivision 1. new text end new text begin Application. new text end new text begin The definitions in this section apply to sections new text end 16.9 new text begin 17.9891 to 17.993. new text end 16.10     new text begin Subd. 2. new text end new text begin Certification. new text end new text begin "Certification" means a producer has demonstrated new text end 16.11 new text begin compliance with all applicable environmental rules and statutes for all of the producer's new text end 16.12 new text begin owned and rented agricultural land and has achieved a satisfactory score through the new text end 16.13 new text begin certification instrument as verified by a certifying agent. new text end 16.14     new text begin Subd. 3. new text end new text begin Certifying agent. new text end new text begin "Certifying agent" means a person who is authorized new text end 16.15 new text begin by the commissioner to assess producers to determine whether a producer satisfies the new text end 16.16 new text begin standards of the program. new text end 16.17     new text begin Subd. 4. new text end new text begin Effective control. new text end new text begin "Effective control" means possession of land by new text end 16.18 new text begin ownership, written lease, or other legal agreement and authority to act as decision new text end 16.19 new text begin maker for the day-to-day management of the operation at the time the producer achieves new text end 16.20 new text begin certification and for the required certification period. new text end 16.21     new text begin Subd. 5. new text end new text begin Eligible land. new text end new text begin "Eligible land" means all acres of a producer's agricultural new text end 16.22 new text begin operation, whether contiguous or not, that are under the effective control of the producer new text end 16.23 new text begin at the time the producer enters into the program and that the producer operates with new text end 16.24 new text begin equipment, labor, and management. new text end 16.25     new text begin Subd. 6. new text end new text begin Program. new text end new text begin "Program" means the Minnesota agricultural water quality new text end 16.26 new text begin certification program. new text end 16.27     new text begin Subd. 7. new text end new text begin Technical assistance. new text end new text begin "Technical assistance" means professional, advisory, new text end 16.28 new text begin or cost-share assistance provided to individuals in order to achieve certification. new text end 16.29    Sec. 7. new text begin [17.9893] CERTIFICATION INSTRUMENT. new text end 16.30 new text begin The commissioner, in consultation with the Minnesota Agricultural Water Quality new text end 16.31 new text begin Certification Program Advisory Committee, commissioner of natural resources, new text end 16.32 new text begin commissioner of the Pollution Control Agency, and Board of Water and Soil Resources, new text end 16.33 new text begin shall develop an analytical instrument to assess the water quality practices and new text end 16.34 new text begin management of agricultural operations. This instrument shall be used to certify that the new text end 17.1 new text begin water quality practices and management of an agricultural operation are consistent with new text end 17.2 new text begin state water quality goals and standards. The commissioner shall define a satisfactory score new text end 17.3 new text begin for certification purposes. The certification instrument tool shall: new text end 17.4 new text begin (1) integrate applicable existing regulatory requirements; new text end 17.5 new text begin (2) utilize technology and prioritize ease of use; new text end 17.6 new text begin (3) utilize a water quality index or score applicable to the landscape; new text end 17.7 new text begin (4) incorporate a process for updates and revisions as practices, management, and new text end 17.8 new text begin technology changes become established and approved; and new text end 17.9 new text begin (5) comprehensively address water quality impacts. new text end 17.10    Sec. 8. new text begin [17.9894] CERTIFYING AGENT LICENSE. new text end 17.11     new text begin Subdivision 1. new text end new text begin License. new text end new text begin A person who offers certification services to producers new text end 17.12 new text begin as part of the program must satisfy all criteria in subdivision 2 and be licensed by new text end 17.13 new text begin the commissioner. A certifying agent is ineligible to provide certification services new text end 17.14 new text begin to any producer to whom the certifying agent has also provided technical assistance. new text end 17.15 new text begin Notwithstanding section 16A.1283, the commissioner may set license fees. new text end 17.16     new text begin Subd. 2. new text end new text begin Certifying agent requirements. new text end new text begin In order to be licensed as a certifying new text end 17.17 new text begin agent, a person must: new text end 17.18 new text begin (1) be an agricultural conservation professional employed by a soil and water new text end 17.19 new text begin conservation district or the Natural Resources Conservation Service, a Minnesota certified new text end 17.20 new text begin crop advisor recognized by the American Society of Agronomy, or an individual with new text end 17.21 new text begin agricultural conservation experience approved by the commissioner. The commissioner new text end 17.22 new text begin may establish eligibility criteria by rule; new text end 17.23 new text begin (2) have passed a comprehensive exam, as set by the commissioner, evaluating new text end 17.24 new text begin knowledge of water quality, soil health, best farm management techniques, and the new text end 17.25 new text begin certification instrument; and new text end 17.26 new text begin (3) maintain continuing education requirements as set by the commissioner. new text end 17.27    Sec. 9. new text begin [17.9895] DUTIES OF A CERTIFYING AGENT. new text end 17.28     new text begin Subdivision 1. new text end new text begin Duties. new text end new text begin A certifying agent shall conduct a formal certification new text end 17.29 new text begin assessment utilizing the certification instrument to determine whether a producer meets new text end 17.30 new text begin program criteria. If a producer satisfies all requirements, the certifying agent shall notify new text end 17.31 new text begin the commissioner of the producer's eligibility and request that the commissioner issue a new text end 17.32 new text begin certificate. All records and documents used in the assessment shall be compiled by the new text end 17.33 new text begin certifying agent and submitted to the commissioner. new text end 18.1     new text begin Subd. 2. new text end new text begin Violations. new text end new text begin (a) In the event a certifying agent violates any provision of new text end 18.2 new text begin sections 17.9891 to 17.993 or an order of the commissioner, the commissioner may issue a new text end 18.3 new text begin written warning or a correction order and may suspend or revoke a license. new text end 18.4 new text begin (b) If the commissioner suspends or revokes a license, the certifying agent has ten new text end 18.5 new text begin days from the date of suspension or revocation to appeal. If a certifying agent appeals, the new text end 18.6 new text begin commissioner shall hold an administrative hearing within 30 days of the suspension or new text end 18.7 new text begin revocation of the license, or longer by agreement of the parties, to determine whether the new text end 18.8 new text begin license is revoked or suspended. The commissioner shall issue an opinion within 30 days. new text end 18.9 new text begin If a person notifies the commissioner that the person intends to contest the commissioner's new text end 18.10 new text begin opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with new text end 18.11 new text begin the applicable provisions of chapter 14 for hearings in contested cases. new text end 18.12    Sec. 10. new text begin [17.9896] CERTIFICATION PROCEDURES. new text end 18.13     new text begin Subdivision 1. new text end new text begin Producer duties. new text end new text begin A producer who seeks certification of eligible land new text end 18.14 new text begin shall conduct an initial assessment using the certification instrument, obtain technical new text end 18.15 new text begin assistance if necessary to achieve a satisfactory score on the certification instrument, and new text end 18.16 new text begin apply for certification from a licensed certifying agent. new text end 18.17     new text begin Subd. 2. new text end new text begin Owned land. new text end new text begin Once certified, if a producer obtains ownership of additional new text end 18.18 new text begin agricultural land, the producer must notify a certifying agent and obtain certification of the new text end 18.19 new text begin additional land within one year in order to retain the producer's original certification. new text end 18.20     new text begin Subd. 3. new text end new text begin Leased land. new text end new text begin Once certified, if a producer leases additional land, then the new text end 18.21 new text begin producer must notify a certifying agent before farming operations commence on the newly new text end 18.22 new text begin leased land. A producer who operates leased land is not required to implement practices new text end 18.23 new text begin that permanently alter the landscape in order to be certified or remain certified if the land new text end 18.24 new text begin is added following the original certification. A producer who operates leased land must new text end 18.25 new text begin demonstrate sufficient annual crop management practices, consistent with the original new text end 18.26 new text begin certification agreement, in order to remain certified. new text end 18.27     new text begin Subd. 4. new text end new text begin Violations. new text end new text begin (a) The commissioner may revoke a certification if the new text end 18.28 new text begin producer violates subdivision 2 or 3. new text end 18.29 new text begin (b) The commissioner may revoke a certification and seek reimbursement of any new text end 18.30 new text begin monetary benefit a producer may have received due to certification from a producer who new text end 18.31 new text begin fails to maintain certification criteria. new text end 18.32 new text begin (c) If the commissioner revokes a certification, the producer has 30 days from the new text end 18.33 new text begin date of suspension or revocation to appeal. If a producer appeals, the commissioner shall new text end 18.34 new text begin hold an administrative hearing within 30 days of the suspension or revocation of the new text end 18.35 new text begin certification, or longer by agreement of the parties, to determine whether the certification new text end 19.1 new text begin is revoked or suspended. The commissioner shall issue an opinion within 30 days. If the new text end 19.2 new text begin producer notifies the commissioner that the producer intends to contest the commissioner's new text end 19.3 new text begin opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with new text end 19.4 new text begin the applicable provisions of chapter 14 for hearings in contested cases. new text end 19.5    Sec. 11. new text begin [17.9897] CERTIFICATION CERTAINTY. new text end 19.6 new text begin (a) Once a producer is certified, the producer: new text end 19.7 new text begin (1) retains certification for up to ten years from the date of certification if the new text end 19.8 new text begin producer complies with the certification agreement, even if the producer does not comply new text end 19.9 new text begin with new state water protection laws or rules that take effect during the certification period; new text end 19.10 new text begin (2) is presumed to be meeting the producer's contribution to any targeted reduction new text end 19.11 new text begin of pollutants during the certification period; new text end 19.12 new text begin (3) is required to continue implementation of practices that maintain the producer's new text end 19.13 new text begin certification; and new text end 19.14 new text begin (4) is required to retain all records pertaining to certification. new text end 19.15 new text begin (b) Paragraph (a) does not preclude enforcement of a local rule or ordinance by a new text end 19.16 new text begin local unit of government. new text end 19.17    Sec. 12. new text begin [17.9898] AUDITS. new text end 19.18 new text begin The commissioner shall perform random audits of producers and certifying agents to new text end 19.19 new text begin ensure compliance with the program. All producers and certifying agents shall cooperate new text end 19.20 new text begin with the commissioner during these audits, and provide all relevant documents to the new text end 19.21 new text begin commissioner for inspection and copying. Any delay, obstruction, or refusal to cooperate new text end 19.22 new text begin with the commissioner's audit or falsification of or failure to provide required data or new text end 19.23 new text begin information is a violation subject to the provisions of section 17.9895, subdivision 2, or new text end 19.24 new text begin 17.9896, subdivision 3. new text end 19.25    Sec. 13. new text begin [17.9899] DATA. new text end 19.26 new text begin All data collected under the program that identifies a producer or a producer's new text end 19.27 new text begin location are considered nonpublic data as defined in section 13.02, subdivision 9, or new text end 19.28 new text begin private data on individuals as defined in section 13.02, subdivision 12. The commissioner new text end 19.29 new text begin shall make available summary data of program outcomes on data classified as private new text end 19.30 new text begin or nonpublic under this section. new text end 19.31    Sec. 14. new text begin [17.991] RULEMAKING. new text end 19.32 new text begin The commissioner may adopt rules to implement the program. new text end 20.1    Sec. 15. new text begin [17.992] REPORTS. new text end 20.2 new text begin The commissioner, in consultation with the Minnesota Agricultural Water Quality new text end 20.3 new text begin Certification Program Advisory Committee, commissioner of natural resources, new text end 20.4 new text begin commissioner of the Pollution Control Agency, and Board of Water and Soil Resources, new text end 20.5 new text begin shall issue a biennial report to the chairs and ranking minority members of the legislative new text end 20.6 new text begin committees with jurisdiction over agricultural policy on the status of the program. new text end 20.7    Sec. 16. new text begin [17.993] FINANCIAL ASSISTANCE. new text end 20.8 new text begin The commissioner may use contributions from gifts or other state accounts, provided new text end 20.9 new text begin that the purpose of the expenditure is consistent with the purpose of the accounts, for new text end 20.10 new text begin grants, loans, or other financial assistance. new text end 20.11    Sec. 17. Minnesota Statutes 2012, section 18.77, subdivision 3, is amended to read: 20.12    Subd. 3. Control. "Control" means to destroy all or part of the aboveground 20.13growth of noxious weeds new text begin manage or prevent the maturation and spread of propagating new text end 20.14 new text begin parts of noxious weeds from one area to another new text end by a lawful method that does not cause 20.15unreasonable adverse effects on the environment as defined in section 18B.01, subdivision 20.1631 , and prevents the maturation and spread of noxious weed propagating parts from one 20.17area to another. 20.18    Sec. 18. Minnesota Statutes 2012, section 18.77, subdivision 4, is amended to read: 20.19    Subd. 4. Eradicate. "Eradicate" means to destroy the aboveground growth and the 20.20roots new text begin and belowground plant parts new text end of noxious weeds by a lawful method that new text begin , which new text end 20.21 prevents the maturation and spread of noxious weed propagating parts from one area 20.22to another. 20.23    Sec. 19. Minnesota Statutes 2012, section 18.77, subdivision 10, is amended to read: 20.24    Subd. 10. Permanent pasture, hay meadow, woodlot, and new text begin or new text end other noncrop 20.25area. "Permanent pasture, hay meadow, woodlot, and new text begin or new text end other noncrop area" means an 20.26area of predominantly native or seeded perennial plants that can be used for grazing or hay 20.27purposes but is not harvested on a regular basis and is not considered to be a growing crop. 20.28    Sec. 20. Minnesota Statutes 2012, section 18.77, subdivision 12, is amended to read: 20.29    Subd. 12. Propagating parts. "Propagating parts" means new text begin all new text end plant parts, including 20.30seeds, that are capable of producing new plants. 21.1    Sec. 21. new text begin [18.771] NOXIOUS WEED CATEGORIES. new text end 21.2 new text begin (a) For purposes of designation under section 18.79, subdivision 13, noxious weed new text end 21.3 new text begin category means each of the following categories. new text end 21.4 new text begin (b) "Prohibited noxious weeds" includes noxious weeds that must be controlled or new text end 21.5 new text begin eradicated on all lands within the state. Transportation of a prohibited noxious weed's new text end 21.6 new text begin propagating parts is restricted by permit except as allowed by section 18.82. Prohibited new text end 21.7 new text begin noxious weeds may not be sold or propagated in Minnesota. There are two regulatory new text end 21.8 new text begin listings for prohibited noxious weeds in Minnesota: new text end 21.9 new text begin (1) the noxious weed eradicate list is established. Prohibited noxious weeds placed new text end 21.10 new text begin on the noxious weed eradicate list are plants that are not currently known to be present in new text end 21.11 new text begin Minnesota or are not widely established. These species must be eradicated; and new text end 21.12 new text begin (2) the noxious weed control list is established. Prohibited noxious weeds placed on new text end 21.13 new text begin the noxious weed control list are plants that are already established throughout Minnesota new text end 21.14 new text begin or regions of the state. Species on this list must at least be controlled. new text end 21.15 new text begin (c) "Restricted noxious weeds" includes noxious weeds that are widely distributed new text end 21.16 new text begin in Minnesota, but for which the only feasible means of control is to prevent their spread new text end 21.17 new text begin by prohibiting the importation, sale, and transportation of their propagating parts in the new text end 21.18 new text begin state, except as allowed by section 18.82. new text end 21.19 new text begin (d) "Specially regulated plants" includes noxious weeds that may be native new text end 21.20 new text begin species or have demonstrated economic value, but also have the potential to cause harm new text end 21.21 new text begin in noncontrolled environments. Plants designated as specially regulated have been new text end 21.22 new text begin determined to pose ecological, economical, or human or animal health concerns. Species new text end 21.23 new text begin specific management plans or rules that define the use and management requirements new text end 21.24 new text begin for these plants must be developed by the commissioner of agriculture for each plant new text end 21.25 new text begin designated as specially regulated. The commissioner must also take measures to minimize new text end 21.26 new text begin the potential for harm caused by these plants. new text end 21.27 new text begin (e) "County noxious weeds" includes noxious weeds that are designated by new text end 21.28 new text begin individual county boards to be enforced as prohibited noxious weeds within the county's new text end 21.29 new text begin jurisdiction and must be approved by the commissioner of agriculture, in consultation with new text end 21.30 new text begin the Noxious Weed Advisory Committee. Each county board must submit newly proposed new text end 21.31 new text begin county noxious weeds to the commissioner of agriculture for review. Approved county new text end 21.32 new text begin noxious weeds shall also be posted with the county's general weed notice prior to May 15 new text end 21.33 new text begin each year. Counties are solely responsible for developing county noxious weed lists and new text end 21.34 new text begin their enforcement. new text end 21.35    Sec. 22. Minnesota Statutes 2012, section 18.78, subdivision 3, is amended to read: 22.1    Subd. 3. Cooperative Weed control agreement. The commissioner, municipality, 22.2or county agricultural inspector or county-designated employee may enter into a 22.3cooperative weed control agreement with a landowner or weed management area 22.4group to establish a mutually agreed-upon noxious weed management plan for up to 22.5three years duration, whereby a noxious weed problem will be controlled without 22.6additional enforcement action. If a property owner fails to comply with the noxious weed 22.7management plan, an individual notice may be served. 22.8    Sec. 23. Minnesota Statutes 2012, section 18.79, subdivision 6, is amended to read: 22.9    Subd. 6. Training for control or eradication of noxious weeds. The commissioner 22.10shall conduct initial training considered necessary for inspectors and county-designated 22.11employees in the enforcement of the Minnesota Noxious Weed Law. The director of the 22.12 new text begin University of new text end Minnesota Extension Service may conduct educational programs for the 22.13general public that will aid compliance with the Minnesota Noxious Weed Law. Upon 22.14request, the commissioner may provide information and other technical assistance to the 22.15county agricultural inspector or county-designated employee to aid in the performance of 22.16responsibilities specified by the county board under section 18.81, subdivisions 1a and 1b. 22.17    Sec. 24. Minnesota Statutes 2012, section 18.79, subdivision 13, is amended to read: 22.18    Subd. 13. Noxious weed designation. The commissioner, in consultation with the 22.19Noxious Weed Advisory Committee, shall determine which plants are noxious weeds 22.20subject to control new text begin regulation new text end under sections 18.76 to 18.91. The commissioner shall 22.21prepare, publish, and revise as necessary, but at least once every three years, a list of 22.22noxious weeds and their designated classification. The list must be distributed to the public 22.23by the commissioner who may request the help of the University of Minnesota Extension, 22.24the county agricultural inspectors, and any other organization the commissioner considers 22.25appropriate to assist in the distribution. The commissioner may, in consultation with 22.26the Noxious Weed Advisory Committee, accept and consider noxious weed designation 22.27petitions from Minnesota citizens or Minnesota organizations or associations. 22.28    Sec. 25. Minnesota Statutes 2012, section 18.82, subdivision 1, is amended to read: 22.29    Subdivision 1. Permits. Except as provided in section 21.74, if a person wants to 22.30transport along a public highway materials or equipment containing the propagating 22.31parts of weeds designated as noxious by the commissioner, the person must secure a 22.32written permit for transportation of the material or equipment from an inspector or 22.33county-designated employee. Inspectors or county-designated employees may issue 23.1permits to persons residing or operating within their jurisdiction. If the noxious weed 23.2propagating parts are removed from materials and equipment or devitalized before 23.3being transported, a permit is not needed new text begin A permit is not required for the transport of new text end 23.4 new text begin noxious weeds for the purpose of destroying propagating parts at a Department of new text end 23.5 new text begin Agriculture-approved disposal site. Anyone transporting noxious weed propagating parts new text end 23.6 new text begin for the purpose of disposal at an approved site shall ensure that all materials are contained new text end 23.7 new text begin in a manner that prevents escape during transport new text end . 23.8    Sec. 26. Minnesota Statutes 2012, section 18.91, subdivision 1, is amended to read: 23.9    Subdivision 1. Duties. The commissioner shall consult with the Noxious Weed 23.10Advisory Committee to advise the commissioner concerning responsibilities under 23.11the noxious weed control program. The committee shall also evaluate species for 23.12invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused 23.13by them. For each species evaluated, the committee shall recommend to the commissioner 23.14on which noxious weed list or lists, if any, the species should be placed. Species currently 23.15 designated as prohibited or restricted noxious weeds new text begin or specially regulated plants new text end must 23.16be reevaluated every three years for a recommendation on whether or not they need to 23.17remain on the noxious weed lists. new text begin The committee shall also advise the commissioner on new text end 23.18 new text begin the implementation of the Minnesota Noxious Weed Law and assist the commissioner in new text end 23.19 new text begin the development of management criteria for each noxious weed category. new text end Members of 23.20the committee are not entitled to reimbursement of expenses nor payment of per diem. 23.21Members shall serve two-year terms with subsequent reappointment by the commissioner. 23.22    Sec. 27. Minnesota Statutes 2012, section 18.91, subdivision 2, is amended to read: 23.23    Subd. 2. Membership. The commissioner shall appoint members, which shall 23.24include representatives from the following: 23.25(1) horticultural science, agronomy, and forestry at the University of Minnesota; 23.26(2) the nursery and landscape industry in Minnesota; 23.27(3) the seed industry in Minnesota; 23.28(4) the Department of Agriculture; 23.29(5) the Department of Natural Resources; 23.30(6) a conservation organization; 23.31(7) an environmental organization; 23.32(8) at least two farm organizations; 23.33(9) the county agricultural inspectors; 23.34(10) city, township, and county governments; 24.1(11) the Department of Transportation; 24.2(12) the University of Minnesota Extension; 24.3(13) the timber and forestry industry in Minnesota; 24.4(14) the Board of Water and Soil Resources; and 24.5(15) soil and water conservation districts. new text begin ; new text end 24.6 new text begin (16) Minnesota Association of County Land Commissioners; and new text end 24.7 new text begin (17) members as needed. new text end 24.8    Sec. 28. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision 24.9to read: 24.10     new text begin Subd. 4a. new text end new text begin Bulk pesticide storage facility. new text end new text begin "Bulk pesticide storage facility" means a new text end 24.11 new text begin facility that is required to have a permit under section 18B.14. new text end 24.12    Sec. 29. Minnesota Statutes 2012, section 18B.07, subdivision 4, is amended to read: 24.13    Subd. 4. Pesticide new text begin storage new text end safeguards at application sites. A person may not 24.14allow a pesticide, rinsate, or unrinsed pesticide container to be stored, kept, or to remain in 24.15or on any site without safeguards adequate to prevent an incident. new text begin Pesticides may not be new text end 24.16 new text begin stored in an area with access to an open drain, unless a safeguard is provided. new text end 24.17    Sec. 30. Minnesota Statutes 2012, section 18B.07, subdivision 5, is amended to read: 24.18    Subd. 5. Use of public water supplies for filling new text begin application new text end equipment. new text begin (a) new text end A 24.19person may not fill pesticide application equipment directly from a public water supply, 24.20as defined in section 144.382, new text begin or from public waters, as defined in section 103G.005, new text end 24.21 new text begin subdivision 15, new text end unless the outlet from the public new text begin equipment or new text end water supply is equipped 24.22with a backflow prevention device that complies with the Minnesota Plumbing Code 24.23under Minnesota Rules, parts 4715.2000 to 4715.2280. 24.24 new text begin (b) Cross connections between a water supply used for filling pesticide application new text end 24.25 new text begin equipment are prohibited. new text end 24.26 new text begin (c) This subdivision does not apply to permitted applications of aquatic pesticides to new text end 24.27 new text begin public waters. new text end 24.28    Sec. 31. Minnesota Statutes 2012, section 18B.07, subdivision 7, is amended to read: 24.29    Subd. 7. Cleaning equipment in or near surface water new text begin Pesticide handling new text end 24.30 new text begin restrictions new text end . (a) A person may not: 24.31(1) clean pesticide application equipment in surface waters of the state; or 25.1(2) fill or clean pesticide application equipment adjacent to surface waters, 25.2ditches, or wells where, because of the slope or other conditions, pesticides or materials 25.3contaminated with pesticides could enter or contaminate the surface waters, groundwater, 25.4or wells, as a result of overflow, leakage, or other causes. 25.5(b) This subdivision does not apply to permitted application of aquatic pesticides to 25.6public waters. 25.7    Sec. 32. Minnesota Statutes 2012, section 18B.26, subdivision 3, is amended to read: 25.8    Subd. 3. Registration application and gross sales fee. (a) For an agricultural 25.9pesticide, a registrant shall pay an annual registration application fee for each agricultural 25.10pesticide of $350. The fee is due by December 31 preceding the year for which the 25.11application for registration is made. The fee is nonrefundable. 25.12(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual 25.13registration application fee for each nonagricultural pesticide of $350. The fee is due by 25.14December 31 preceding the year for which the application for registration is made. The 25.15fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to 25.16the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural 25.17pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into 25.18the state for use in this state. The commissioner may not assess a fee under this paragraph 25.19if the amount due based on percent of annual gross sales is less than $10 new text begin No fee is required new text end 25.20 new text begin if the fee due amount based on percent of annual gross sales of a nonagricultural pesticide new text end 25.21 new text begin is less than $10 new text end . The registrant shall secure sufficient sales information of nonagricultural 25.22pesticides distributed into this state from distributors and dealers, regardless of distributor 25.23location, to make a determination. Sales of nonagricultural pesticides in this state and 25.24sales of nonagricultural pesticides for use in this state by out-of-state distributors are not 25.25exempt and must be included in the registrant's annual report, as required under paragraph 25.26(g), and fees shall be paid by the registrant based upon those reported sales. Sales of 25.27nonagricultural pesticides in the state for use outside of the state are exempt from the 25.28gross sales fee in this paragraph if the registrant properly documents the sale location and 25.29distributors. A registrant paying more than the minimum fee shall pay the balance due by 25.30March 1 based on the gross sales of the nonagricultural pesticide by the registrant for the 25.31preceding calendar year. A pesticide determined by the commissioner to be a sanitizer or 25.32disinfectant is exempt from the gross sales fee. 25.33(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed 25.34pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the 26.1agricultural pesticide in the state and the annual gross sales of the agricultural pesticide 26.2sold into the state for use in this state. 26.3(d) In those cases where a registrant first sells an agricultural pesticide in or into the 26.4state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer 26.5license and is responsible for payment of the annual gross sales fee under paragraph (c), 26.6record keeping under paragraph (i), and all other requirements of section 18B.316. 26.7(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013, 26.8by the commissioner on the registration and sale of pesticides is less than $6,600,000, the 26.9commissioner, after a public hearing, may increase proportionally the pesticide sales and 26.10product registration fees under this chapter by the amount necessary to ensure this level 26.11of revenue is achieved. The authority under this section expires on June 30, 2014. The 26.12commissioner shall report any fee increases under this paragraph 60 days before the fee 26.13change is effective to the senate and house of representatives agriculture budget divisions. 26.14    (f) An additional fee of 50 percent of the registration application fee must be paid by 26.15the applicant for each pesticide to be registered if the application is a renewal application 26.16that is submitted after December 31. 26.17    (g) A registrant must annually report to the commissioner the amount, type and 26.18annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or 26.19otherwise distributed in the state. The report shall be filed by March 1 for the previous 26.20year's registration. The commissioner shall specify the form of the report or approve 26.21the method for submittal of the report and may require additional information deemed 26.22necessary to determine the amount and type of nonagricultural pesticide annually 26.23distributed in the state. The information required shall include the brand name, United 26.24States Environmental Protection Agency registration number, and amount of each 26.25nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but 26.26the information collected, if made public, shall be reported in a manner which does not 26.27identify a specific brand name in the report. 26.28(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually 26.29report to the commissioner the amount, type, and annual gross sales of each registered 26.30agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the 26.31state for use in the state. The report must be filed by January 31 for the previous year's 26.32sales. The commissioner shall specify the form, contents, and approved electronic method 26.33for submittal of the report and may require additional information deemed necessary to 26.34determine the amount and type of agricultural pesticide annually distributed within the 26.35state or into the state. The information required must include the brand name, United States 27.1Environmental Protection Agency registration number, and amount of each agricultural 27.2pesticide sold, offered for sale, or otherwise distributed in the state or into the state. 27.3(i) A person who registers a pesticide with the commissioner under paragraph (b), 27.4or a registrant under paragraph (d), shall keep accurate records for five years detailing 27.5all distribution or sales transactions into the state or in the state and subject to a fee and 27.6surcharge under this section. 27.7(j) The records are subject to inspection, copying, and audit by the commissioner 27.8and must clearly demonstrate proof of payment of all applicable fees and surcharges 27.9for each registered pesticide product sold for use in this state. A person who is located 27.10outside of this state must maintain and make available records required by this subdivision 27.11in this state or pay all costs incurred by the commissioner in the inspecting, copying, or 27.12auditing of the records. 27.13(k) The commissioner may adopt by rule regulations that require persons subject 27.14to audit under this section to provide information determined by the commissioner to be 27.15necessary to enable the commissioner to perform the audit. 27.16    (l) A registrant who is required to pay more than the minimum fee for any pesticide 27.17under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee 27.18paid after March 1 in the year for which the license is to be issued. 27.19    Sec. 33. Minnesota Statutes 2012, section 18B.305, is amended to read: 27.2018B.305 PESTICIDE EDUCATION AND TRAINING. 27.21    Subdivision 1. Education and training. (a) The commissioner new text begin , as the lead agency, new text end 27.22 shall develop, new text begin implement or approve, and evaluate, new text end in conjunction new text begin consultation new text end with the 27.23 University of Minnesota Extension Service new text begin , the Minnesota State Colleges and Universities new text end 27.24 new text begin system, and other educational institutions new text end , innovative educational and training programs 27.25addressing pesticide concerns including: 27.26(1) water quality protection; 27.27(2) endangered species new text begin protection new text end ; 27.28(3) new text begin minimizing new text end pesticide residues in food and water; 27.29(4) worker protection new text begin and applicator safety new text end ; 27.30(5) chronic toxicity; 27.31(6) integrated pest management new text begin and pest resistance new text end ; and 27.32(7) pesticide disposal new text begin ; new text end 27.33 new text begin (8) pesticide drift; new text end 27.34 new text begin (9) relevant laws including pesticide labels and labeling and state and federal rules new text end 27.35 new text begin and regulations; and new text end 28.1 new text begin (10) current science and technology updates new text end . 28.2(b) The commissioner shall appoint educational planning committees which must 28.3include representatives of industry new text begin and applicators new text end . 28.4(c) Specific current regulatory concerns must be discussed and, if appropriate, 28.5incorporated into each training session. new text begin Relevant changes to pesticide product labels or new text end 28.6 new text begin labeling or state and federal rules and regulations may be included. new text end 28.7(d) The commissioner may approve programs from private industry new text begin , higher new text end 28.8 new text begin education institutions, new text end and nonprofit organizations that meet minimum requirements for 28.9education, training, and certification. 28.10    Subd. 2. Training manual and examination development. The commissioner, in 28.11conjunction new text begin consultation new text end with the University of Minnesota Extension Service new text begin and other new text end 28.12 new text begin higher education institutions new text end , shall continually revise and update pesticide applicator 28.13training manuals and examinations. The manuals and examinations must be written to meet 28.14or exceed the minimum standards required by the United States Environmental Protection 28.15Agency and pertinent state specific information. Questions in the examinations must be 28.16determined by the new text begin commissioner in consultation with other new text end responsible agencies. Manuals 28.17and examinations must include pesticide management practices that discuss prevention of 28.18pesticide occurrence in groundwaters new text begin groundwater and surface water new text end of the state. 28.19    Sec. 34. Minnesota Statutes 2012, section 18B.316, subdivision 1, is amended to read: 28.20    Subdivision 1. Requirement. (a) A person must not distribute new text begin offer for sale new text end or sell 28.21an agricultural pesticide in the state or into the state without first obtaining an agricultural 28.22pesticide dealer license. 28.23(b) Each location or place of business from which an agricultural pesticide is 28.24distributed new text begin offered for sale new text end or sold in the state or into the state is required to have a 28.25separate agricultural pesticide dealer license. 28.26(c) A person who is a licensed pesticide dealer under section 18B.31 is not required 28.27to also be licensed under this subdivision. 28.28    Sec. 35. Minnesota Statutes 2012, section 18B.316, subdivision 3, is amended to read: 28.29    Subd. 3. Resident agent. A person required to be licensed under subdivisions 1 28.30and 2, or a person licensed as a pesticide dealer pursuant to section 18B.31 and who 28.31operates from a location or place of business outside the state and who distributes new text begin offers new text end 28.32 new text begin for sale new text end or sells an agricultural pesticide into the state, must continuously maintain in 28.33this state the following: 28.34(1) a registered office; and 29.1(2) a registered agent, who may be either a resident of this state whose business 29.2office or residence is identical with the registered office under clause (1), a domestic 29.3corporation or limited liability company, or a foreign corporation of limited liability 29.4company authorized to transact business in this state and having a business office identical 29.5with the registered office. 29.6A person licensed under this section or section 18B.31 shall annually file with the 29.7commissioner, either at the time of initial licensing or as part of license renewal, the name, 29.8address, telephone number, and e-mail address of the licensee's registered agent. 29.9For licensees under section 18B.31 who are located in the state, the licensee is 29.10the registered agent. 29.11    Sec. 36. Minnesota Statutes 2012, section 18B.316, subdivision 4, is amended to read: 29.12    Subd. 4. Responsibility. The resident agent is responsible for the acts of a licensed 29.13agricultural pesticide dealer, or of a licensed pesticide dealer under section 18B.31 who 29.14operates from a location or place of business outside the state and who distributes new text begin offers new text end 29.15 new text begin for sale new text end or sells an agricultural pesticide into the state, as well as the acts of the employees 29.16of those licensees. 29.17    Sec. 37. Minnesota Statutes 2012, section 18B.316, subdivision 8, is amended to read: 29.18    Subd. 8. Report of sales and payment to commissioner. A person who is an 29.19agricultural pesticide dealer, or is a licensed pesticide dealer under section 18B.31, who 29.20distributes new text begin offers for sale new text end or sells an agricultural pesticide in or into the state, and a 29.21pesticide registrant pursuant to section 18B.26, subdivision 3, paragraph (d), shall no 29.22later than January 31 of each year report and pay applicable fees on annual gross sales 29.23of agricultural pesticides to the commissioner pursuant to requirements under section 29.2418B.26, subdivision 3 , paragraphs (c) and (h). 29.25    Sec. 38. Minnesota Statutes 2012, section 18B.316, subdivision 9, is amended to read: 29.26    Subd. 9. Application. (a) A person must apply to the commissioner for an 29.27agricultural pesticide dealer license on forms and in a manner approved by the 29.28commissioner. 29.29(b) The applicant must be the person in charge of each location or place of business 29.30from which agricultural pesticides are distributed new text begin offered for sale new text end or sold in or into the state. 29.31(c) The commissioner may require that the applicant provide information regarding 29.32the applicant's proposed operations and other information considered pertinent by the 29.33commissioner. 30.1(d) The commissioner may require additional demonstration of licensee qualification 30.2if the licensee has had a license suspended or revoked, or has otherwise had a history of 30.3violations in another state or violations of this chapter. 30.4(e) A licensed agricultural pesticide dealer who changes the dealer's address or place 30.5of business must immediately notify the commissioner of the change. 30.6(f) Beginning January 1, 2011, an application for renewal of an agricultural pesticide 30.7dealer license is complete only when a report and any applicable payment of fees under 30.8subdivision 8 are received by the commissioner. 30.9    Sec. 39. Minnesota Statutes 2012, section 18B.37, subdivision 4, is amended to read: 30.10    Subd. 4. Storage, handling, Incident response, and disposal plan. A pesticide 30.11dealer, agricultural pesticide dealer, or a commercial, noncommercial, or structural pest 30.12control applicator or the business that the applicator is employed by new text begin business new text end must develop 30.13and maintain a new text begin an incident response new text end plan that describes its pesticide storage, handling, 30.14incident response, and disposal practices new text begin the actions that will be taken to prevent and new text end 30.15 new text begin respond to pesticide incidents. The plan must contain the same information as forms new text end 30.16 new text begin provided by the commissioner new text end . The plan must be kept at a principal business site or location 30.17within this state and must be submitted to the commissioner upon request on forms provided 30.18by the commissioner. The plan must be available for inspection by the commissioner. 30.19    Sec. 40. Minnesota Statutes 2012, section 18C.111, subdivision 4, is amended to read: 30.20    Subd. 4. Certification of regulatory compliance. (a) The commissioner may, 30.21under rules adopted under section 18C.121, subdivision 1, certify a person to offer or 30.22perform a regulatory compliance inspection of any person or site that stores, handles, or 30.23distributes ammonia or anhydrous ammonia fertilizer. new text begin The deadlines established in section new text end 30.24 new text begin 14.125, are extended until June 30, 2014, for rules adopted under this subdivision. new text end 30.25(b) Pursuant to those rules, a person certified under paragraph (a) may issue a 30.26certification of compliance to an inspected person or site if the certified person documents 30.27in writing full compliance with the provisions of this chapter and rules adopted under 30.28this chapter. 30.29(c) A person or site issued a certification of compliance must provide a copy of the 30.30certification to the commissioner immediately upon request or within 90 days following 30.31certification. 30.32(d) Certifications of compliance are valid for a period of three years. The 30.33commissioner may determine a different time period in the interest of public safety or for 30.34other reasonable cause. 31.1    Sec. 41. Minnesota Statutes 2012, section 18C.430, is amended to read: 31.218C.430 COMMERCIAL ANIMAL WASTE TECHNICIAN. 31.3    Subdivision 1. Requirement. (a) Except as provided in paragraph (c), after March 31.41, 2000, A person may not manage or apply animal wastes new text begin to the land new text end for hire without a 31.5valid commercial animal waste technician license. This section does not apply to a person 31.6managing or applying animal waste on land managed by the person's employer. new text begin : new text end 31.7 new text begin (1) without a valid commercial animal waste technician applicator license; new text end 31.8 new text begin (2) without a valid commercial animal waste technician site manager license; or new text end 31.9 new text begin (3) as a sole proprietorship, company, partnership, or corporation unless a new text end 31.10 new text begin commercial animal waste technician company license is held and a commercial animal new text end 31.11 new text begin waste technical site manager is employed by the entity. new text end 31.12(b) A person managing or applying animal wastes for hire must have a valid 31.13license identification card when managing or applying animal wastes for hire and must 31.14display it upon demand by an authorized representative of the commissioner or a law 31.15enforcement officer. The commissioner shall prescribe the information required on the 31.16license identification card. 31.17(c) A person who is not a licensed commercial animal waste technician who has had 31.18at least two hours of training or experience in animal waste management may manage 31.19or apply animal waste for hire under the supervision of a commercial animal waste 31.20technician. new text begin A commercial animal waste technician applicator must have a minimum of new text end 31.21 new text begin two hours of certification training in animal waste management and may only manage or new text end 31.22 new text begin apply animal waste for hire under the supervision of a commercial animal waste technician new text end 31.23 new text begin site manager. The commissioner shall prescribe the conditions of the supervision and the new text end 31.24 new text begin form and format required on the certification training. new text end 31.25 new text begin (d) This section does not apply to a person managing or applying animal waste on new text end 31.26 new text begin land managed by the person's employer. new text end 31.27    Subd. 2. Responsibility. A person required to be licensed under this section who 31.28performs animal waste management or application for hire or who employs a person to 31.29perform animal waste management or application for compensation is responsible for 31.30proper management or application of the animal wastes. 31.31    Subd. 3. License. new text begin (a) new text end A commercial animal waste technician license new text begin , including new text end 31.32 new text begin applicator, site manager, and company new text end : 31.33(1) is valid for three years new text begin one year new text end and expires on December 31 of the third year for 31.34which it is issued, unless suspended or revoked before that date; 31.35(2) is not transferable to another person; and 32.1(3) must be prominently displayed to the public in the commercial animal waste 32.2technician's place of business. 32.3 new text begin (b) The commercial animal waste technician company license number assigned by new text end 32.4 new text begin the commissioner must appear on the application equipment when a person manages new text end 32.5 new text begin or applies animal waste for hire. new text end 32.6    Subd. 4. Application. (a) A person must apply to the commissioner for a commercial 32.7animal waste technician license on forms and in the manner required by the commissioner 32.8and must include the application fee. The commissioner shall prescribe and administer 32.9an examination or equivalent measure to determine if the applicant is eligible for the 32.10commercial animal waste technician license new text begin , site manager license, or applicator license new text end . 32.11(b) The commissioner of agriculture, in cooperation with the new text begin University of new text end 32.12Minnesota Extension Service and appropriate educational institutions, shall establish and 32.13implement a program for training and licensing commercial animal waste technicians. 32.14    Subd. 5. Renewal application. new text begin (a) new text end A person must apply to the commissioner of 32.15agriculture to renew a commercial animal waste technician license and must include the 32.16application fee. The commissioner may renew a commercial animal waste technician 32.17 new text begin applicator or site manager new text end license, subject to reexamination, attendance at workshops 32.18approved by the commissioner, or other requirements imposed by the commissioner to 32.19provide the animal waste technician with information regarding changing technology and 32.20to help ensure a continuing level of competence and ability to manage and apply animal 32.21wastes properly. The applicant may renew a commercial animal waste technician license 32.22within 12 months after expiration of the license without having to meet initial testing 32.23requirements. The commissioner may require additional demonstration of animal waste 32.24technician qualification if a person has had a license suspended or revoked or has had a 32.25history of violations of this section. 32.26 new text begin (b) An applicant who meets renewal requirements by reexamination instead new text end 32.27 new text begin of attending workshops must pay a fee for the reexamination as determined by the new text end 32.28 new text begin commissioner. new text end 32.29    Subd. 6. Financial responsibility. (a) A commercial animal waste technician 32.30license may not be issued unless the applicant furnishes proof of financial responsibility. 32.31The financial responsibility may be demonstrated by (1) proof of net assets equal to or 32.32greater than $50,000, or (2) a performance bond or insurance of the kind and in an amount 32.33determined by the commissioner of agriculture. 32.34(b) The bond or insurance must cover a period of time at least equal to the term of 32.35the applicant's license. The commissioner shall immediately suspend the license of a 32.36person who fails to maintain the required bond or insurance. 33.1(c) An employee of a licensed person is not required to maintain an insurance policy 33.2or bond during the time the employer is maintaining the required insurance or bond. 33.3(d) Applications for reinstatement of a license suspended under paragraph (b) must 33.4be accompanied by proof of satisfaction of judgments previously rendered. 33.5    Subd. 7. Application fee. new text begin (a) new text end A person initially applying for or renewing 33.6a commercial animal waste technician new text begin applicator new text end license must pay a nonrefundable 33.7application fee of $50 and a fee of $10 for each additional identification card requested. 33.8 new text begin $25. A person initially applying for or renewing a commercial animal waste technician new text end 33.9 new text begin site manager license must pay a nonrefundable application fee of $50. A person initially new text end 33.10 new text begin applying for or renewing a commercial animal waste technician company license must new text end 33.11 new text begin pay a nonrefundable application fee of $100. new text end 33.12 new text begin (b) A license renewal application received after March 1 in the year for which the new text end 33.13 new text begin license is to be issued is subject to a penalty fee of 50 percent of the application fee. The new text end 33.14 new text begin penalty fee must be paid before the renewal license may be issued. new text end 33.15 new text begin (c) An application for a duplicate commercial animal waste technician license must new text end 33.16 new text begin be accompanied by a nonrefundable fee of $10. new text end 33.17    Sec. 42. Minnesota Statutes 2012, section 18C.433, subdivision 1, is amended to read: 33.18    Subdivision 1. Requirement. Beginning January 1, 2006, only a commercial 33.19animal waste technician, new text begin site manager or commercial animal waste technician applicator new text end 33.20 may apply animal waste from a feedlot that: 33.21(1) has a capacity of 300 animal units or more; and 33.22(2) does not have an updated manure management plan that meets the requirements 33.23of Pollution Control Agency rules. 33.24    Sec. 43. Minnesota Statutes 2012, section 31.94, is amended to read: 33.2531.94 COMMISSIONER DUTIES. 33.26(a) In order to promote opportunities for organic agriculture in Minnesota, the 33.27commissioner shall: 33.28(1) survey producers and support services and organizations to determine 33.29information and research needs in the area of organic agriculture practices; 33.30(2) work with the University of Minnesota to demonstrate the on-farm applicability 33.31of organic agriculture practices to conditions in this state; 33.32(3) direct the programs of the department so as to work toward the promotion of 33.33organic agriculture in this state; 34.1(4) inform agencies of how state or federal programs could utilize and support 34.2organic agriculture practices; and 34.3(5) work closely with producers, the University of Minnesota, the Minnesota Trade 34.4Office, and other appropriate organizations to identify opportunities and needs as well 34.5as ensure coordination and avoid duplication of state agency efforts regarding research, 34.6teaching, marketing, and extension work relating to organic agriculture. 34.7(b) By November 15 of each year that ends in a zero or a five, the commissioner, 34.8in conjunction with the task force created in paragraph (c), shall report on the status of 34.9organic agriculture in Minnesota to the legislative policy and finance committees and 34.10divisions with jurisdiction over agriculture. The report must include available data on 34.11organic acreage and production, available data on the sales or market performance of 34.12organic products, and recommendations regarding programs, policies, and research efforts 34.13that will benefit Minnesota's organic agriculture sector. 34.14(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the 34.15University of Minnesota on policies and programs that will improve organic agriculture in 34.16Minnesota, including how available resources can most effectively be used for outreach, 34.17education, research, and technical assistance that meet the needs of the organic agriculture 34.18community. The task force must consist of the following residents of the state: 34.19(1) three new text begin organic new text end farmers using organic agriculture methods; 34.20(2) one wholesaler or distributor of organic products; 34.21(3) one representative of organic certification agencies; 34.22(4) two organic processors; 34.23(5) one representative from University of Minnesota Extension; 34.24(6) one University of Minnesota faculty member; 34.25(7) one representative from a nonprofit organization representing producers; 34.26(8) two public members; 34.27(9) one representative from the United States Department of Agriculture; 34.28(10) one retailer of organic products; and 34.29(11) one organic consumer representative. 34.30The commissioner, in consultation with the director of the Minnesota Agricultural 34.31Experiment Station; the dean and director of University of Minnesota Extension; and the 34.32dean of the College of Food, Agricultural and Natural Resource Sciences new text begin , new text end shall appoint 34.33members to serve staggered two-year new text begin three-year new text end terms. 34.34Compensation and removal of members are governed by section 15.059, subdivision 34.356 . The task force must meet at least twice each year and expires on June 30, 2013 new text begin 2016 new text end . 35.1(d) For the purposes of expanding, improving, and developing production and 35.2marketing of the organic products of Minnesota agriculture, the commissioner may 35.3receive funds from state and federal sources and spend them, including through grants or 35.4contracts, to assist producers and processors to achieve certification, to conduct education 35.5or marketing activities, to enter into research and development partnerships, or to address 35.6production or marketing obstacles to the growth and well-being of the industry. 35.7(e) The commissioner may facilitate the registration of state organic production 35.8and handling operations including those exempt from organic certification according to 35.9Code of Federal Regulations, title 7, section 205.101, and certification agents operating 35.10within the state. 35.11    Sec. 44. Minnesota Statutes 2012, section 41A.10, subdivision 2, is amended to read: 35.12    Subd. 2. Cellulosic biofuel production goal. The state cellulosic biofuel production 35.13goal is one-quarter of the total amount necessary for ethanol new text begin biofuel new text end use required under 35.14section 239.791, subdivision 1a new text begin 1 new text end , by 2015 or when cellulosic biofuel facilities in the state 35.15attain a total annual production level of 60,000,000 gallons, whichever is first. 35.16    Sec. 45. Minnesota Statutes 2012, section 41A.10, is amended by adding a subdivision 35.17to read: 35.18     new text begin Subd. 3. new text end new text begin Expiration. new text end new text begin This section expires January 1, 2015. new text end 35.19    Sec. 46. Minnesota Statutes 2012, section 41A.105, subdivision 1a, is amended to read: 35.20    Subd. 1a. Definitions. For the purpose of this section: 35.21     new text begin (1) "biobased content" means a chemical, polymer, monomer, or plastic that is not new text end 35.22 new text begin sold primarily for use as food, feed, or fuel and that has a biobased percentage of at least new text end 35.23 new text begin 51 percent as determined by testing representative samples using American Society for new text end 35.24 new text begin Testing and Materials specification D6866; new text end 35.25     new text begin (2) "biobased formulated product" means a product that is not sold primarily for use new text end 35.26 new text begin as food, feed, or fuel and that has a biobased content percentage of at least ten percent new text end 35.27 new text begin as determined by testing representative samples using American Society for Testing new text end 35.28 new text begin and Materials specification D6866, or that contains a biobased chemical constituent new text end 35.29 new text begin that displaces a known hazardous or toxic constituent previously used in the product new text end 35.30 new text begin formulation; new text end 35.31    (1) new text begin (3) new text end "biobutanol facility" means a facility at which biobutanol is produced; and 35.32    (2) new text begin (4) new text end "biobutanol" means fermentation isobutyl alcohol that is derived from 35.33agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets; 36.1forest products; or other renewable resources, including residue and waste generated 36.2from the production, processing, and marketing of agricultural products, forest products, 36.3and other renewable resources. 36.4    Sec. 47. Minnesota Statutes 2012, section 41A.105, subdivision 3, is amended to read: 36.5    Subd. 3. Duties. The board shall research and report to the commissioner of 36.6agriculture and to the legislature recommendations as to how the state can invest its 36.7resources to most efficiently achieve energy independence, agricultural and natural 36.8resources sustainability, and rural economic vitality. The board shall: 36.9    (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen, 36.10methanol, biodiesel, and ethanol within Minnesota; 36.11     new text begin (2) examine the opportunity for biobased content and biobased formulated product new text end 36.12 new text begin production at integrated biorefineries or stand alone facilities using agricultural and new text end 36.13 new text begin forestry feedstocks; new text end 36.14    (2) new text begin (3) new text end develop equity grant programs to assist locally owned facilities; 36.15    (3) new text begin (4) new text end study the proper role of the state in creating financing and investing and 36.16providing incentives; 36.17    (4) new text begin (5) new text end evaluate how state and federal programs, including the Farm Bill, can best 36.18work together and leverage resources; 36.19    (5) new text begin (6) new text end work with other entities and committees to develop a clean energy program; 36.20and 36.21    (6) new text begin (7) new text end report to the legislature before February 1 each year with recommendations 36.22as to appropriations and results of past actions and projects. 36.23    Sec. 48. Minnesota Statutes 2012, section 41A.105, subdivision 5, is amended to read: 36.24    Subd. 5. Expiration. This section expires June 30, 2014 new text begin 2015 new text end . 36.25    Sec. 49. Minnesota Statutes 2012, section 41A.12, subdivision 3, is amended to read: 36.26    Subd. 3. Oversight. The commissioner, in consultation with the chairs and ranking 36.27minority members of the house of representatives and senate committees with jurisdiction 36.28over agriculture finance, must allocate available funds among eligible uses, develop 36.29competitive eligibility criteria, and award funds on a needs basis. new text begin By February 1 each new text end 36.30 new text begin year, the commissioner shall report to the legislature on the allocation among eligible uses new text end 36.31 new text begin and any financial assistance provided under this section. new text end 37.1    Sec. 50. Minnesota Statutes 2012, section 41A.12, is amended by adding a subdivision 37.2to read: 37.3     new text begin Subd. 3a. new text end new text begin Grant awards. new text end new text begin Grant projects may continue for up to three years. new text end 37.4 new text begin Multiyear projects must be reevaluated by the commissioner before second- and third-year new text end 37.5 new text begin funding is approved. A project is limited to one grant for its funding. new text end 37.6    Sec. 51. 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. 52. Minnesota Statutes 2012, section 41D.01, subdivision 4, is amended to read: 38.1    Subd. 4. Expiration. This section expires on June 30, 2013 new text begin 2018 new text end . 38.2    Sec. 53. 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 new text begin petroleum replacement goal in section 239.7911 new text end ; 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. 54. Minnesota Statutes 2012, section 223.17, is amended by adding a subdivision 38.28to read: 38.29     new text begin Subd. 7a. new text end new text begin Bond requirements; claims. new text end new text begin For entities licensed under this chapter new text end 38.30 new text begin and chapter 232, the bond requirements and claims against the bond are governed under new text end 38.31 new text begin section 232.22, subdivision 6a. new text end 38.32    Sec. 55. Minnesota Statutes 2012, section 232.22, is amended by adding a subdivision 38.33to read: 39.1     new text begin Subd. 6a. new text end new text begin Bond determinations. new text end new text begin If a public grain warehouse operator is licensed new text end 39.2 new text begin under both this chapter and chapter 223, the warehouse shall have its bond determined new text end 39.3 new text begin by its gross annual grain purchase amount or its annual average grain storage value, new text end 39.4 new text begin whichever is greater. For those entities licensed under this chapter and chapter 223, the new text end 39.5 new text begin entire bond shall be available to any claims against the bond for claims filed under this new text end 39.6 new text begin chapter and chapter 223. new text end 39.7    Sec. 56. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision 39.8to read: 39.9     new text begin Subd. 1a. new text end new text begin Advanced biofuel. new text end new text begin "Advanced biofuel" has the meaning given in Public new text end 39.10 new text begin Law 110-140, title 2, subtitle A, section 201. new text end 39.11    Sec. 57. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision 39.12to read: 39.13     new text begin Subd. 5a. new text end new text begin Biofuel. new text end new text begin "Biofuel" means a renewable fuel with an approved pathway new text end 39.14 new text begin under authority of the federal Energy Policy Act of 2005, Public Law 109-58, as amended new text end 39.15 new text begin by the federal Energy Independence and Security Act of 2007, Public Law 110–140, new text end 39.16 new text begin and approved for sale by the United States Environmental Protection Agency. The term new text end 39.17 new text begin "biofuel" includes both advanced and conventional biofuels. new text end 39.18    Sec. 58. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision 39.19to read: 39.20     new text begin Subd. 7a. new text end new text begin Conventional biofuel. new text end new text begin "Conventional biofuel" means ethanol derived new text end 39.21 new text begin from cornstarch, as defined in Public Law 110-140, title 2, subtitle A, section 201. new text end 39.22    Sec. 59. Minnesota Statutes 2012, section 239.761, subdivision 3, is amended to read: 39.23    Subd. 3. Gasoline. (a) Gasoline that is not blended with ethanol new text begin biofuel new text end must not be 39.24contaminated with water or other impurities and must comply with ASTM specification 39.25D4814-08b. Gasoline that is not blended with ethanol new text begin biofuel new text end must also comply with the 39.26volatility requirements in Code of Federal Regulations, title 40, part 80. 39.27(b) After gasoline is sold, transferred, or otherwise removed from a refinery or 39.28terminal, a person responsible for the product: 39.29(1) may blend the gasoline with agriculturally derived ethanol as provided in 39.30subdivision 4; 39.31(2) shall not blend the gasoline with any oxygenate other than denatured, 39.32agriculturally derived ethanol new text begin biofuel new text end ; 40.1(3) shall not blend the gasoline with other petroleum products that are not gasoline 40.2or denatured, agriculturally derived ethanol new text begin biofuel new text end ; 40.3(4) shall not blend the gasoline with products commonly and commercially known 40.4as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or 40.5natural gasoline; and 40.6(5) may blend the gasoline with a detergent additive, an antiknock additive, or an 40.7additive designed to replace tetra-ethyl lead, that is registered by the EPA. 40.8    Sec. 60. Minnesota Statutes 2012, section 239.791, subdivision 1, is amended to read: 40.9    Subdivision 1. Minimum ethanol new text begin biofuel new text end content required. (a) Except as provided 40.10in subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline 40.11sold or offered for sale in Minnesota must contain at least the quantity of ethanol new text begin biofuel new text end 40.12 required by clause (1) or (2), whichever is greater new text begin at the option of the person responsible new text end 40.13 new text begin for the product new text end : 40.14(1) new text begin the greater of: new text end 40.15 new text begin (i) new text end 10.0 percent denatured ethanol new text begin conventional biofuel new text end by volume; or 40.16(2) new text begin (ii) new text end the maximum percent of denatured ethanol new text begin conventional biofuel new text end by volume 40.17authorized in a waiver granted by the United States Environmental Protection Agency new text begin ; or new text end 40.18 new text begin (2) 10.0 percent of a biofuel, other than a conventional biofuel, by volume authorized new text end 40.19 new text begin in a waiver granted by the United States Environmental Protection Agency or a biofuel new text end 40.20 new text begin formulation registered by the United States Environmental Protection Agency under new text end 40.21 new text begin United States Code, title 42, section 7545 new text end . 40.22(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a), 40.23clause (1), new text begin item (i), new text end a gasoline/ethanol new text begin gasoline/biofuel new text end blend will be construed to be in 40.24compliance if the ethanol new text begin biofuel new text end content, exclusive of denaturants and other permitted 40.25components, comprises not less than 9.2 percent by volume and not more than 10.0 percent 40.26by volume of the blend as determined by an appropriate United States Environmental 40.27Protection Agency or American Society of Testing Materials standard method of analysis 40.28of alcohol/ether content in engine fuels. 40.29(c) The provisions of this subdivision are suspended during any period of time that 40.30subdivision 1a, paragraph (a), is in effect. new text begin The aggregate amount of biofuel blended new text end 40.31 new text begin pursuant to this subdivision may be any biofuel; however, conventional biofuel must new text end 40.32 new text begin comprise no less than the portion specified on and after the specified dates: new text end 40.33 new text begin (1) new text end new text begin July 1, 2013 new text end new text begin 90 percent new text end 40.34 new text begin (2) new text end new text begin January 1, 2015 new text end new text begin 80 percent new text end 40.35 new text begin (3) new text end new text begin January 1, 2017 new text end new text begin 70 percent new text end 41.1 new text begin (4) new text end new text begin January 1, 2020 new text end new text begin 60 percent new text end 41.2 new text begin (5) new text end new text begin January 1, 2025 new text end new text begin no minimum new text end 41.3    Sec. 61. Minnesota Statutes 2012, section 239.791, subdivision 2a, is amended to read: 41.4    Subd. 2a. Federal Clean Air Act waivers; conditions. (a) Before a waiver granted 41.5by the United States Environmental Protection Agency under section 211(f)(4) of the 41.6Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4), 41.7 may alter the minimum content level required by subdivision 1, paragraph (a), clause (2), 41.8or subdivision 1a, paragraph (a), clause (2) new text begin (1), item (ii) new text end , the waiver must: 41.9(1) apply to all gasoline-powered motor vehicles irrespective of model year; and 41.10(2) allow for special regulatory treatment of Reid vapor pressure under Code of 41.11Federal Regulations, title 40, section 80.27, paragraph (d), for blends of gasoline and 41.12ethanol up to the maximum percent of denatured ethanol by volume authorized under 41.13the waiver. 41.14(b) The minimum ethanol new text begin biofuel new text end requirement in subdivision 1, paragraph (a), clause 41.15(2), or subdivision 1a, paragraph (a), clause (2), new text begin (1), item (ii), new text end shall, upon the grant of the 41.16federal waiver, be effective the day after the commissioner of commerce publishes notice 41.17in the State Register. In making this determination, the commissioner shall consider the 41.18amount of time required by refiners, retailers, pipeline and distribution terminal companies, 41.19and other fuel suppliers, acting expeditiously, to make the operational and logistical changes 41.20required to supply fuel in compliance with the minimum ethanol new text begin biofuel new text end requirement. 41.21    Sec. 62. Minnesota Statutes 2012, section 239.791, subdivision 2b, is amended to read: 41.22    Subd. 2b. Limited liability waiver. No motor fuel shall be deemed to be a defective 41.23product by virtue of the fact that the motor fuel is formulated or blended pursuant to 41.24the requirements of subdivision 1, paragraph (a), clause (2), or subdivision 1a new text begin (1), item new text end 41.25 new text begin (ii) new text end , under any theory of liability except for simple or willful negligence or fraud. This 41.26subdivision does not preclude an action for negligent, fraudulent, or willful acts. This 41.27subdivision does not affect a person whose liability arises under chapter 115, water 41.28pollution control; 115A, waste management; 115B, environmental response and liability; 41.29115C, leaking underground storage tanks; or 299J, pipeline safety; under public nuisance 41.30law for damage to the environment or the public health; under any other environmental or 41.31public health law; or under any environmental or public health ordinance or program of a 41.32municipality as defined in section 466.01. 41.33    Sec. 63. Minnesota Statutes 2012, section 239.7911, is amended to read: 42.1239.7911 PETROLEUM REPLACEMENT PROMOTION. 42.2    Subdivision 1. Petroleum replacement goal. The tiered petroleum replacement 42.3goal of the state of Minnesota is that new text begin biofuel comprises at least the specified portion of new text end 42.4 new text begin total gasoline sold or offered for sale in this state by each specified year new text end : 42.5    (1) at least 20 percent of the liquid fuel sold in the state is derived from renewable 42.6sources by December 31, 2015; and 42.7    (2) at least 25 percent of the liquid fuel sold in the state is derived from renewable 42.8sources by December 31, 2025. 42.9 new text begin (1) new text end new text begin 2015 new text end new text begin 14 percent new text end 42.10 new text begin (2) new text end new text begin 2017 new text end new text begin 18 percent new text end 42.11 new text begin (3) new text end new text begin 2020 new text end new text begin 25 percent new text end 42.12 new text begin (4) new text end new text begin 2025 new text end new text begin 30 percent new text end 42.13    Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of agriculture, 42.14in consultation with the commissioners of commerce and the Pollution Control Agency, 42.15shall identify and implement activities necessary for the widespread use of renewable 42.16liquid fuels in the state new text begin to achieve the goals in subdivision 1 new text end . Beginning November 42.171, 2005, and continuing through 2015, the commissioners, or their designees, shall 42.18work with new text begin convene a task force pursuant to section 15.014 that includes new text end representatives 42.19from the renewable fuels industry, petroleum retailers, refiners, automakers, small 42.20engine manufacturers, and other interested groups, to new text begin . The task force shall assist the new text end 42.21 new text begin commissioners in carrying out the activities in paragraph (b) and eliminating barriers to the new text end 42.22 new text begin use of greater biofuel blends in this state. The task force must coordinate efforts with the new text end 42.23 new text begin NextGen Energy Board, the biodiesel task force, and the Renewable Energy Roundtable new text end 42.24 new text begin and new text end develop annual recommendations for administrative and legislative action. 42.25    (b) The activities of the commissioners under this subdivision shall include, but not 42.26be limited to: 42.27    (1) developing recommendations for new text begin specific, cost-effective new text end incentives new text begin necessary new text end 42.28 new text begin to expedite the use of greater biofuel blends in this state including, but not limited to, new text end 42.29 new text begin incentives new text end for retailers to install equipment necessary for dispensing new text begin to dispense new text end renewable 42.30liquid fuels to the public; 42.31    (2) expanding the renewable-fuel options available to Minnesota consumers by 42.32obtaining federal approval for the use of E20 and additional blends that contain a greater 42.33percentage of ethanol, including but not limited to E30 and E50, as gasoline new text begin biofuel new text end ; 42.34    (3) developing recommendations for ensuring new text begin to ensure new text end that motor vehicles and 42.35small engine equipment have access to an adequate supply of fuel; 43.1    (4) working with the owners and operators of large corporate automotive fleets in the 43.2state to increase their use of renewable fuels; and 43.3    (5) working to maintain an affordable retail price for liquid fuels new text begin ; new text end 43.4     new text begin (6) facilitating the production and use of advanced biofuels in this state; and new text end 43.5     new text begin (7) developing procedures for reporting the amount and type of biofuel under new text end 43.6 new text begin subdivision 1 and section 239.791, subdivision 1, paragraph (c) new text end . 43.7     new text begin (c) Notwithstanding section 15.014, the task force required under paragraph (a) new text end 43.8 new text begin expires on December 31, 2015. new text end 43.9    Sec. 64. Minnesota Statutes 2012, section 296A.01, is amended by adding a 43.10subdivision to read: 43.11     new text begin Subd. 8b. new text end new text begin Biobutanol. new text end new text begin "Biobutanol" means isobutyl alcohol produced by new text end 43.12 new text begin fermenting agriculturally generated organic material that is to be blended with gasoline new text end 43.13 new text begin and meets either: new text end 43.14     new text begin (1) the initial ASTM Standard Specification for Butanol for Blending with Gasoline new text end 43.15 new text begin for Use as an Automotive Spark-Ignition Engine Fuel once it has been released by ASTM new text end 43.16 new text begin for general distribution; or new text end 43.17     new text begin (2) in the absence of an ASTM standard specification, the following list of new text end 43.18 new text begin requirements: new text end 43.19     new text begin (i) visually free of sediment and suspended matter; new text end 43.20     new text begin (ii) clear and bright at the ambient temperature of 21 degrees Celsius or the ambient new text end 43.21 new text begin temperature, whichever is higher; new text end 43.22     new text begin (iii) free of any adulterant or contaminant that can render it unacceptable for its new text end 43.23 new text begin commonly used applications; new text end 43.24     new text begin (iv) contains not less than 96 volume percent isobutyl alcohol; new text end 43.25     new text begin (v) contains not more than 0.4 volume percent methanol; new text end 43.26     new text begin (vi) contains not more than 1.0 volume percent water as determined by ASTM new text end 43.27 new text begin standard test method E203 or E1064; new text end 43.28     new text begin (vii) acidity (as acetic acid) of not more than 0.007 mass percent as determined new text end 43.29 new text begin by ASTM standard test method D1613; new text end 43.30     new text begin (viii) solvent washed gum content of not more than 5.0 milligrams per 100 milliliters new text end 43.31 new text begin as determined by ASTM standard test method D381; new text end 43.32     new text begin (ix) sulfur content of not more than 30 parts per million as determined by ASTM new text end 43.33 new text begin standard test method D2622 or D5453; and new text end 43.34     new text begin (x) contains not more than four parts per million total inorganic sulfate. new text end 44.1    Sec. 65. Minnesota Statutes 2012, section 583.215, is amended to read: 44.2583.215 EXPIRATION. 44.3 Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and 583.20 44.4to 583.32, expire June 30, 2013 new text begin 2016 new text end . 44.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 44.6    Sec. 66. new text begin WASTE PESTICIDE REPORTING; 2013, 2014, AND 2015. new text end 44.7 new text begin Notwithstanding the recording and reporting requirements of Minnesota Statutes, new text end 44.8 new text begin section 18B.065, subdivision 2a, paragraph (d), persons are not required to record or new text end 44.9 new text begin report agricultural or nonagricultural waste pesticide collected after the effective date of new text end 44.10 new text begin this section in 2013, 2014, and 2015. The commissioner of agriculture shall analyze new text end 44.11 new text begin existing collection data to identify trends that will inform future collection strategies to new text end 44.12 new text begin better meet the needs and nature of current waste pesticide streams. By January 15, 2015, new text end 44.13 new text begin the commissioner shall report analysis, recommendations, and proposed policy changes new text end 44.14 new text begin to this program to legislative committees and divisions with jurisdiction over agriculture new text end 44.15 new text begin finance and policy. new text end 44.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 44.17    Sec. 67. new text begin POLLINATOR REPORT REQUIRED. new text end 44.18 new text begin No later than January 15, 2014, the commissioner of agriculture must submit new text end 44.19 new text begin a pollinator report to the legislative committees and divisions with jurisdiction over new text end 44.20 new text begin agriculture and natural resources. The commissioner of agriculture must develop the new text end 44.21 new text begin report in consultation with the commissioners of natural resources and the Pollution new text end 44.22 new text begin Control Agency, the Board of Water and Soil Resources, and representatives of the new text end 44.23 new text begin University of Minnesota. The report must include, but is not limited to, the following: new text end 44.24 new text begin (1) a proposal to establish a pollinator bank to preserve pollinator species diversity; new text end 44.25 new text begin (2) a proposal to efficiently and effectively create and enhance pollinator nesting and new text end 44.26 new text begin foraging habitat in this state including establishment of pollinator reserves or refuges; and new text end 44.27 new text begin (3) the process and criteria the commissioner of agriculture would use to perform a new text end 44.28 new text begin special review of neonicotinoid pesticides registered by the commissioner for use in this new text end 44.29 new text begin state currently and in the future. new text end 44.30    Sec. 68. new text begin REVISOR'S INSTRUCTION. new text end 44.31 new text begin The revisor of statutes shall renumber Minnesota Statutes, section 18B.01, new text end 44.32 new text begin subdivision 4a, as subdivision 4b and correct any cross-references. new text end 45.1    Sec. 69. new text begin REPEALER. new text end 45.2 new text begin Minnesota Statutes 2012, sections 18.91, subdivisions 3 and 5; 18B.07, subdivision new text end 45.3 new text begin 6; and 239.791, subdivision 1a, new text end new text begin are repealed. new text end 45.4ARTICLE 3 45.5ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS 45.6 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 45.7     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 45.8 new text begin in this article. new text end 45.9 new text begin 2014 new text end new text begin 2015 new text end new text begin Total new text end 45.10 new text begin General new text end new text begin $ new text end new text begin 87,641,000 new text end new text begin $ new text end new text begin 92,690,000 new text end new text begin $ new text end new text begin 180,331,000 new text end 45.11 45.12 new text begin State Government Special new text end new text begin Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end new text begin 150,000 new text end 45.13 new text begin Environmental new text end new text begin 68,836,000 new text end new text begin 68,982,000 new text end new text begin 137,818,000 new text end 45.14 new text begin Natural Resources new text end new text begin 89,906,000 new text end new text begin 89,606,000 new text end new text begin 179,512,000 new text end 45.15 new text begin Game and Fish new text end new text begin 91,372,000 new text end new text begin 91,372,000 new text end new text begin 182,744,000 new text end 45.16 new text begin Remediation new text end new text begin 10,596,000 new text end new text begin 10,596,000 new text end new text begin 21,192,000 new text end 45.17 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end new text begin 400,000 new text end 45.18 new text begin Total new text end new text begin $ new text end new text begin 348,626,000 new text end new text begin $ new text end new text begin 353,521,000 new text end new text begin $ new text end new text begin 702,147,000 new text end 45.19 Sec. 2. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end 45.20     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 45.21 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 45.22 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 45.23 new text begin for each purpose. The figures "2014" and "2015" used in this article mean that the new text end 45.24 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2014, or new text end 45.25 new text begin June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal new text end 45.26 new text begin year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal new text end 45.27 new text begin year ending June 30, 2013, are effective the day following final enactment. new text end 45.28 new text begin APPROPRIATIONS new text end 45.29 new text begin Available for the Year new text end 45.30 new text begin Ending June 30 new text end 45.31 new text begin 2014 new text end new text begin 2015 new text end 45.32 Sec. 3. new text begin POLLUTION CONTROL AGENCY new text end 45.33 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 84,171,000 new text end new text begin $ new text end new text begin 84,316,000 new text end 45.34 new text begin Appropriations by Fund new text end 45.35 new text begin 2014 new text end new text begin 2015 new text end 45.36 new text begin General new text end new text begin 4,764,000 new text end new text begin 4,763,000 new text end 46.1 46.2 new text begin State Government new text end new text begin Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end 46.3 new text begin Environmental new text end new text begin 68,836,000 new text end new text begin 68,982,000 new text end 46.4 new text begin Remediation new text end new text begin 10,496,000 new text end new text begin 10,496,000 new text end 46.5 new text begin The amounts that may be spent for each new text end 46.6 new text begin purpose are specified in the following new text end 46.7 new text begin subdivisions. new text end 46.8 new text begin Subd. 2. new text end new text begin Water new text end new text begin 25,453,000 new text end new text begin 25,454,000 new text end 46.9 new text begin Appropriations by Fund new text end 46.10 new text begin General new text end new text begin 3,737,000 new text end new text begin 3,737,000 new text end 46.11 46.12 new text begin State Government new text end new text begin Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end 46.13 new text begin Environmental new text end new text begin 21,641,000 new text end new text begin 21,642,000 new text end 46.14 new text begin $1,959,000 the first year and $1,959,000 new text end 46.15 new text begin the second year are for grants to delegated new text end 46.16 new text begin counties to administer the county feedlot new text end 46.17 new text begin program under Minnesota Statutes, section new text end 46.18 new text begin 116.0711, subdivisions 2 and 3. By January new text end 46.19 new text begin 15, 2016, the commissioner shall submit a new text end 46.20 new text begin report detailing the results achieved with new text end 46.21 new text begin this appropriation to the chairs and ranking new text end 46.22 new text begin minority members at the senate and house new text end 46.23 new text begin of representatives committees and divisions new text end 46.24 new text begin with jurisdiction over environment and new text end 46.25 new text begin natural resources policy and finance. Money new text end 46.26 new text begin remaining after the first year is available for new text end 46.27 new text begin the second year. new text end 46.28 new text begin $740,000 the first year and $740,000 the new text end 46.29 new text begin second year are from the environmental new text end 46.30 new text begin fund to address the need for continued new text end 46.31 new text begin increased activity in the areas of new new text end 46.32 new text begin technology review, technical assistance new text end 46.33 new text begin for local governments, and enforcement new text end 46.34 new text begin under Minnesota Statutes, sections 115.55 new text end 46.35 new text begin to 115.58, and to complete the requirements new text end 47.1 new text begin of Laws 2003, chapter 128, article 1, section new text end 47.2 new text begin 165. new text end 47.3 new text begin $400,000 the first year and $400,000 new text end 47.4 new text begin the second year are for the clean water new text end 47.5 new text begin partnership program. Any unexpended new text end 47.6 new text begin balance in the first year does not cancel but new text end 47.7 new text begin is available in the second year. Priority shall new text end 47.8 new text begin be given to projects preventing impairments new text end 47.9 new text begin and degradation of lakes, rivers, streams, new text end 47.10 new text begin and groundwater according to Minnesota new text end 47.11 new text begin Statutes, section 114D.20, subdivision 2, new text end 47.12 new text begin clause (4). new text end 47.13 new text begin $664,000 the first year and $664,000 the new text end 47.14 new text begin second year are from the environmental new text end 47.15 new text begin fund for subsurface sewage treatment new text end 47.16 new text begin system (SSTS) program administration new text end 47.17 new text begin and community technical assistance and new text end 47.18 new text begin education, including grants and technical new text end 47.19 new text begin assistance to communities for water quality new text end 47.20 new text begin protection. Of this amount, $129,000 each new text end 47.21 new text begin year is for assistance to counties through new text end 47.22 new text begin grants for SSTS program administration. new text end 47.23 new text begin A county receiving a grant from this new text end 47.24 new text begin appropriation shall submit the results new text end 47.25 new text begin achieved with the grant to the commissioner new text end 47.26 new text begin as part of its annual SSTS report. Any new text end 47.27 new text begin unexpended balance in the first year does not new text end 47.28 new text begin cancel but is available in the second year. new text end 47.29 new text begin $105,000 the first year and $105,000 the new text end 47.30 new text begin second year are from the environmental fund new text end 47.31 new text begin for registration of wastewater laboratories. new text end 47.32 new text begin $913,000 the first year and $913,000 the new text end 47.33 new text begin second year are from the environmental fund new text end 47.34 new text begin to continue perfluorochemical biomonitoring new text end 47.35 new text begin in eastern metropolitan communities, as new text end 48.1 new text begin recommended by the Environmental Health new text end 48.2 new text begin Tracking and Biomonitoring Advisory Panel, new text end 48.3 new text begin and address other environmental health new text end 48.4 new text begin risks, including air quality. Of this amount, new text end 48.5 new text begin $812,000 the first year and $812,000 the new text end 48.6 new text begin second year are for transfer to the Department new text end 48.7 new text begin of Health. new text end 48.8 new text begin Notwithstanding Minnesota Statutes, section new text end 48.9 new text begin 16A.28, the appropriations encumbered on or new text end 48.10 new text begin before June 30, 2015, as grants or contracts new text end 48.11 new text begin for SSTS's, surface water and groundwater new text end 48.12 new text begin assessments, total maximum daily loads, new text end 48.13 new text begin storm water, and water quality protection in new text end 48.14 new text begin this subdivision are available until June 30, new text end 48.15 new text begin 2018. new text end 48.16 new text begin Subd. 3. new text end new text begin Air new text end new text begin 15,031,000 new text end new text begin 15,201,000 new text end 48.17 new text begin Appropriations by Fund new text end 48.18 new text begin Environmental new text end new text begin 15,031,000 new text end new text begin 15,201,000 new text end 48.19 new text begin $200,000 the first year and $200,000 the new text end 48.20 new text begin second year are from the environmental fund new text end 48.21 new text begin for a monitoring program under Minnesota new text end 48.22 new text begin Statutes, section 116.454. new text end 48.23 new text begin Up to $150,000 the first year and $150,000 new text end 48.24 new text begin the second year may be transferred from the new text end 48.25 new text begin environmental fund to the small business new text end 48.26 new text begin environmental improvement loan account new text end 48.27 new text begin established in Minnesota Statutes, section new text end 48.28 new text begin 116.993. new text end 48.29 new text begin $125,000 the first year and $125,000 the new text end 48.30 new text begin second year are from the environmental fund new text end 48.31 new text begin for monitoring ambient air for hazardous new text end 48.32 new text begin pollutants in the metropolitan area. new text end 48.33 new text begin $210,000 the first year and $210,000 the new text end 48.34 new text begin second year are from the environmental fund new text end 49.1 new text begin for systematic, localized monitoring efforts new text end 49.2 new text begin in the state that: new text end 49.3 new text begin (1) sample ambient air for a period of one to new text end 49.4 new text begin three months at various sites; new text end 49.5 new text begin (2) analyze the samples and compare the data new text end 49.6 new text begin to the agency's fixed air monitoring sites; and new text end 49.7 new text begin (3) determine whether significant localized new text end 49.8 new text begin differences exist. new text end 49.9 new text begin The commissioner, when selecting areas to new text end 49.10 new text begin monitor, shall give priority to areas where low new text end 49.11 new text begin income, indigenous American Indians, and new text end 49.12 new text begin communities of color are disproportionately new text end 49.13 new text begin impacted by pollution from highway traffic, new text end 49.14 new text begin air traffic, and industrial sources to assist new text end 49.15 new text begin with efforts to ensure environmental justice new text end 49.16 new text begin for those areas. For the purposes of this new text end 49.17 new text begin paragraph, "environmental justice" means the new text end 49.18 new text begin fair treatment of people of all races, cultures, new text end 49.19 new text begin and income levels in the development, new text end 49.20 new text begin adoption, implementation, and enforcement new text end 49.21 new text begin of environmental laws and policies. new text end 49.22 new text begin $690,000 the first year and $690,000 the new text end 49.23 new text begin second year are from the environmental new text end 49.24 new text begin fund for emission reduction activities and new text end 49.25 new text begin grants to small businesses and other nonpoint new text end 49.26 new text begin emission reduction efforts. Any unexpended new text end 49.27 new text begin balance in the first year does not cancel but is new text end 49.28 new text begin available in the second year. new text end 49.29 new text begin Subd. 4. new text end new text begin Land new text end new text begin 17,412,000 new text end new text begin 17,412,000 new text end 49.30 new text begin Appropriations by Fund new text end 49.31 new text begin Environmental new text end new text begin 6,916,000 new text end new text begin 6,916,000 new text end 49.32 new text begin Remediation new text end new text begin 10,496,000 new text end new text begin 10,496,000 new text end 49.33 new text begin All money for environmental response, new text end 49.34 new text begin compensation, and compliance in the new text end 50.1 new text begin remediation fund not otherwise appropriated new text end 50.2 new text begin is appropriated to the commissioners of the new text end 50.3 new text begin Pollution Control Agency and agriculture new text end 50.4 new text begin for purposes of Minnesota Statutes, section new text end 50.5 new text begin 115B.20, subdivision 2, clauses (1), (2), new text end 50.6 new text begin (3), (6), and (7). At the beginning of each new text end 50.7 new text begin fiscal year, the two commissioners shall new text end 50.8 new text begin jointly submit an annual spending plan new text end 50.9 new text begin to the commissioner of management and new text end 50.10 new text begin budget that maximizes the utilization of new text end 50.11 new text begin resources and appropriately allocates the new text end 50.12 new text begin money between the two departments. This new text end 50.13 new text begin appropriation is available until June 30, 2015. new text end 50.14 new text begin $3,616,000 the first year and $3,616,000 the new text end 50.15 new text begin second year are from the remediation fund for new text end 50.16 new text begin purposes of the leaking underground storage new text end 50.17 new text begin tank program to protect the land. These same new text end 50.18 new text begin annual amounts are transferred from the new text end 50.19 new text begin petroleum tank fund to the remediation fund. new text end 50.20 new text begin $252,000 the first year and $252,000 the new text end 50.21 new text begin second year are from the remediation fund new text end 50.22 new text begin for transfer to the commissioner of health for new text end 50.23 new text begin private water supply monitoring and health new text end 50.24 new text begin assessment costs in areas contaminated new text end 50.25 new text begin by unpermitted mixed municipal solid new text end 50.26 new text begin waste disposal facilities and drinking water new text end 50.27 new text begin advisories and public information activities new text end 50.28 new text begin for areas contaminated by hazardous releases. new text end 50.29 50.30 new text begin Subd. 5. new text end new text begin Environmental Assistance and new text end new text begin Cross-Media new text end new text begin 26,275,000 new text end new text begin 26,249,000 new text end 50.31 new text begin Appropriations by Fund new text end 50.32 new text begin Environmental new text end new text begin 25,248,000 new text end new text begin 25,223,000 new text end 50.33 new text begin General new text end new text begin 1,027,000 new text end new text begin 1,026,000 new text end 51.1 new text begin $14,250,000 the first year and $14,250,000 new text end 51.2 new text begin the second year are from the environmental new text end 51.3 new text begin fund for SCORE block grants to counties. new text end 51.4 new text begin $119,000 the first year and $119,000 the new text end 51.5 new text begin second year are from the environmental new text end 51.6 new text begin fund for environmental assistance grants new text end 51.7 new text begin or loans under Minnesota Statutes, section new text end 51.8 new text begin 115A.0716. Any unencumbered grant and new text end 51.9 new text begin loan balances in the first year do not cancel new text end 51.10 new text begin but are available for grants and loans in the new text end 51.11 new text begin second year. new text end 51.12 new text begin $89,000 the first year and $89,000 the new text end 51.13 new text begin second year are from the environmental fund new text end 51.14 new text begin for duties related to harmful chemicals in new text end 51.15 new text begin products under Minnesota Statutes, sections new text end 51.16 new text begin 116.9401 to 116.9407. Of this amount, new text end 51.17 new text begin $57,000 each year is transferred to the new text end 51.18 new text begin commissioner of health. new text end 51.19 new text begin $200,000 the first year and $200,000 the new text end 51.20 new text begin second year are from the environmental new text end 51.21 new text begin fund for the costs of implementing general new text end 51.22 new text begin operating permits for feedlots over 1,000 new text end 51.23 new text begin animal units. new text end 51.24 new text begin $312,000 the first year and $312,000 the new text end 51.25 new text begin second year are from the general fund and new text end 51.26 new text begin $188,000 the first year and $188,000 the new text end 51.27 new text begin second year are from the environmental fund new text end 51.28 new text begin for Environmental Quality Board operations new text end 51.29 new text begin and support. new text end 51.30 new text begin $75,000 the first year and $50,000 the second new text end 51.31 new text begin year are from the environmental fund for new text end 51.32 new text begin transfer to the Office of Administrative new text end 51.33 new text begin Hearings to establish sanitary districts. new text end 52.1 new text begin $500,000 the first year and $500,000 the new text end 52.2 new text begin second year are from the general fund for new text end 52.3 new text begin the Environmental Quality Board to lead new text end 52.4 new text begin an interagency team to provide technical new text end 52.5 new text begin assistance regarding the mining, processing, new text end 52.6 new text begin and transporting of silica sand and develop new text end 52.7 new text begin the model standards and criteria required new text end 52.8 new text begin under Minnesota Statutes, section 116C.99. new text end 52.9 new text begin The agency may transfer a portion of this new text end 52.10 new text begin appropriation to the commissioners of natural new text end 52.11 new text begin resources, health, and transportation and to new text end 52.12 new text begin the Board of Water and Soil Resources for new text end 52.13 new text begin additional costs of duties related to silica new text end 52.14 new text begin sand mining in this act. new text end 52.15 new text begin The commissioner shall prepare and submit new text end 52.16 new text begin a report to the chairs and ranking minority new text end 52.17 new text begin members of the senate and house of new text end 52.18 new text begin representatives committees and divisions new text end 52.19 new text begin with jurisdiction over the environment and new text end 52.20 new text begin natural resources by January 15, 2014, with new text end 52.21 new text begin recommendations for a statewide recycling new text end 52.22 new text begin refund program for beverage containers that new text end 52.23 new text begin achieves an 80 percent recycling rate. In new text end 52.24 new text begin preparing the report, the commissioner shall new text end 52.25 new text begin consult with stakeholders, including retailers, new text end 52.26 new text begin collectors, recyclers, local governments, and new text end 52.27 new text begin consumers on options to increase the current new text end 52.28 new text begin recycling rate. An assessment of the financial new text end 52.29 new text begin impact of any recommended program shall new text end 52.30 new text begin be included in the report. new text end 52.31 new text begin All money deposited in the environmental new text end 52.32 new text begin fund for the metropolitan solid waste new text end 52.33 new text begin landfill fee in accordance with Minnesota new text end 52.34 new text begin Statutes, section 473.843, and not otherwise new text end 52.35 new text begin appropriated, is appropriated for the purposes new text end 52.36 new text begin of Minnesota Statutes, section 473.844. new text end 53.1 new text begin $315,000 the first year and $315,000 the new text end 53.2 new text begin second year are from the environmental new text end 53.3 new text begin fund for the electronic waste program under new text end 53.4 new text begin Minnesota Statutes, sections 115A.1310 to new text end 53.5 new text begin 115A.1330. new text end 53.6 new text begin Notwithstanding Minnesota Statutes, section new text end 53.7 new text begin 16A.28, the appropriations encumbered on new text end 53.8 new text begin or before June 30, 2015, as contracts or new text end 53.9 new text begin grants for surface water and groundwater new text end 53.10 new text begin assessments; environmental assistance new text end 53.11 new text begin awarded under Minnesota Statutes, section new text end 53.12 new text begin 115A.0716; technical and research assistance new text end 53.13 new text begin under Minnesota Statutes, section 115A.152; new text end 53.14 new text begin technical assistance under Minnesota new text end 53.15 new text begin Statutes, section 115A.52; and pollution new text end 53.16 new text begin prevention assistance under Minnesota new text end 53.17 new text begin Statutes, section 115D.04, are available until new text end 53.18 new text begin June 30, 2017. new text end 53.19 new text begin Subd. 6. new text end new text begin Remediation Fund new text end 53.20 new text begin The commissioner shall transfer up to new text end 53.21 new text begin $46,000,000 from the environmental fund to new text end 53.22 new text begin the remediation fund for the purposes of the new text end 53.23 new text begin remediation fund under Minnesota Statutes, new text end 53.24 new text begin section 116.155, subdivision 2. new text end 53.25 Sec. 4. new text begin NATURAL RESOURCES new text end 53.26 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 236,744,000 new text end new text begin $ new text end new text begin 241,494,000 new text end 53.27 new text begin Appropriations by Fund new text end 53.28 new text begin 2014 new text end new text begin 2015 new text end 53.29 new text begin General new text end new text begin 61,486,000 new text end new text begin 66,536,000 new text end 53.30 new text begin Natural Resources new text end new text begin 83,586,000 new text end new text begin 83,286,000 new text end 53.31 new text begin Game and Fish new text end new text begin 91,372,000 new text end new text begin 91,372,000 new text end 53.32 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 53.33 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 54.1 new text begin The amounts that may be spent for each new text end 54.2 new text begin purpose are specified in the following new text end 54.3 new text begin subdivisions. new text end 54.4 54.5 new text begin Subd. 2. new text end new text begin Land and Mineral Resources new text end new text begin Management new text end new text begin 6,287,000 new text end new text begin 6,687,000 new text end 54.6 new text begin Appropriations by Fund new text end 54.7 new text begin General new text end new text begin 1,164,000 new text end new text begin 1,564,000 new text end 54.8 new text begin Natural Resources new text end new text begin 3,472,000 new text end new text begin 3,472,000 new text end 54.9 new text begin Game and Fish new text end new text begin 1,451,000 new text end new text begin 1,451,000 new text end 54.10 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 54.11 new text begin $68,000 the first year and $68,000 the new text end 54.12 new text begin second year are for minerals cooperative new text end 54.13 new text begin environmental research, of which $34,000 new text end 54.14 new text begin the first year and $34,000 the second year are new text end 54.15 new text begin available only as matched by $1 of nonstate new text end 54.16 new text begin money for each $1 of state money. The new text end 54.17 new text begin match may be cash or in-kind. new text end 54.18 new text begin $251,000 the first year and $251,000 the new text end 54.19 new text begin second year are for iron ore cooperative new text end 54.20 new text begin research. Of this amount, $200,000 each year new text end 54.21 new text begin is from the minerals management account new text end 54.22 new text begin in the natural resources fund. $175,000 the new text end 54.23 new text begin first year and $175,000 the second year are new text end 54.24 new text begin available only as matched by $1 of nonstate new text end 54.25 new text begin money for each $1 of state money. The match new text end 54.26 new text begin may be cash or in-kind. Any unencumbered new text end 54.27 new text begin balance from the first year does not cancel new text end 54.28 new text begin and is available in the second year. new text end 54.29 new text begin $2,696,000 the first year and $2,696,000 new text end 54.30 new text begin the second year are from the minerals new text end 54.31 new text begin management account in the natural resources new text end 54.32 new text begin fund for use as provided in Minnesota new text end 54.33 new text begin Statutes, section 93.2236, paragraph (c), new text end 54.34 new text begin for mineral resource management, projects new text end 54.35 new text begin to enhance future mineral income, and new text end 55.1 new text begin projects to promote new mineral resource new text end 55.2 new text begin opportunities. new text end 55.3 new text begin $200,000 the first year and $200,000 the new text end 55.4 new text begin second year are from the state forest suspense new text end 55.5 new text begin account in the permanent school fund to new text end 55.6 new text begin accelerate land exchanges, land sales, and new text end 55.7 new text begin commercial leasing of school trust lands and new text end 55.8 new text begin to identify, evaluate, and lease construction new text end 55.9 new text begin aggregate located on school trust lands. This new text end 55.10 new text begin appropriation is to be used for securing new text end 55.11 new text begin long-term economic return from the new text end 55.12 new text begin school trust lands consistent with fiduciary new text end 55.13 new text begin responsibilities and sound natural resources new text end 55.14 new text begin conservation and management principles. new text end 55.15 new text begin The appropriations in Laws 2007, chapter 57, new text end 55.16 new text begin article 1, section 4, subdivision 2, as amended new text end 55.17 new text begin by Laws 2009, chapter 37, article 1, section new text end 55.18 new text begin 60, and as extended by Laws 2011, First new text end 55.19 new text begin Special Session chapter 2, article 1, section 4, new text end 55.20 new text begin subdivision 2, for support of the land records new text end 55.21 new text begin management system are available until spent. new text end 55.22 new text begin Subd. 3. new text end new text begin Ecological and Water Resources new text end new text begin 27,182,000 new text end new text begin 31,582,000 new text end 55.23 new text begin Appropriations by Fund new text end 55.24 new text begin General new text end new text begin 12,117,000 new text end new text begin 16,817,000 new text end 55.25 new text begin Natural Resources new text end new text begin 11,002,000 new text end new text begin 10,702,000 new text end 55.26 new text begin Game and Fish new text end new text begin 4,063,000 new text end new text begin 4,063,000 new text end 55.27 new text begin $3,542,000 the first year and $3,242,000 the new text end 55.28 new text begin second year are from the invasive species new text end 55.29 new text begin account in the natural resources fund and new text end 55.30 new text begin $2,906,000 the first year and $3,206,000 the new text end 55.31 new text begin second year are from the general fund for new text end 55.32 new text begin management, public awareness, assessment new text end 55.33 new text begin and monitoring research, and water access new text end 55.34 new text begin inspection to prevent the spread of invasive new text end 55.35 new text begin species; management of invasive plants in new text end 56.1 new text begin public waters; and management of terrestrial new text end 56.2 new text begin invasive species on state-administered lands. new text end 56.3 new text begin $5,000,000 the first year and $5,000,000 the new text end 56.4 new text begin second year are from the water management new text end 56.5 new text begin account in the natural resources fund for only new text end 56.6 new text begin the purposes specified in Minnesota Statutes, new text end 56.7 new text begin section 103G.27, subdivision 2. new text end 56.8 new text begin $103,000 the first year and $103,000 the new text end 56.9 new text begin second year are for a grant to the Mississippi new text end 56.10 new text begin Headwaters Board for up to 50 percent of new text end 56.11 new text begin the cost of implementing the comprehensive new text end 56.12 new text begin plan for the upper Mississippi within areas new text end 56.13 new text begin under the board's jurisdiction. new text end 56.14 new text begin $10,000 the first year and $10,000 the second new text end 56.15 new text begin year are for payment to the Leech Lake Band new text end 56.16 new text begin of Chippewa Indians to implement the band's new text end 56.17 new text begin portion of the comprehensive plan for the new text end 56.18 new text begin upper Mississippi. new text end 56.19 new text begin $264,000 the first year and $264,000 the new text end 56.20 new text begin second year are for grants for up to 50 new text end 56.21 new text begin percent of the cost of implementation of new text end 56.22 new text begin the Red River mediation agreement. The new text end 56.23 new text begin commissioner shall submit a report to the new text end 56.24 new text begin chairs of the legislative committees having new text end 56.25 new text begin primary jurisdiction over environment and new text end 56.26 new text begin natural resources policy and finance on the new text end 56.27 new text begin accomplishments achieved with the grants new text end 56.28 new text begin by January 15, 2015. new text end 56.29 new text begin $1,643,000 the first year and $1,643,000 new text end 56.30 new text begin the second year are from the heritage new text end 56.31 new text begin enhancement account in the game and new text end 56.32 new text begin fish fund for only the purposes specified new text end 56.33 new text begin in Minnesota Statutes, section 297A.94, new text end 56.34 new text begin paragraph (e), clause (1). new text end 57.1 new text begin $1,223,000 the first year and $1,223,000 the new text end 57.2 new text begin second year are from the nongame wildlife new text end 57.3 new text begin management account in the natural resources new text end 57.4 new text begin fund for the purpose of nongame wildlife new text end 57.5 new text begin management. Notwithstanding Minnesota new text end 57.6 new text begin Statutes, section 290.431, $100,000 the first new text end 57.7 new text begin year and $100,000 the second year may new text end 57.8 new text begin be used for nongame wildlife information, new text end 57.9 new text begin education, and promotion. new text end 57.10 new text begin $1,600,000 the first year and $6,000,000 the new text end 57.11 new text begin second year are from the general fund for the new text end 57.12 new text begin following activities: new text end 57.13 new text begin (1) increased financial reimbursement new text end 57.14 new text begin and technical support to soil and water new text end 57.15 new text begin conservation districts or other local units new text end 57.16 new text begin of government for groundwater level new text end 57.17 new text begin monitoring; new text end 57.18 new text begin (2) additional surface water monitoring and new text end 57.19 new text begin analysis, including installation of monitoring new text end 57.20 new text begin gauges; new text end 57.21 new text begin (3) additional groundwater analysis to new text end 57.22 new text begin assist with water appropriation permitting new text end 57.23 new text begin decisions; new text end 57.24 new text begin (4) additional permit application review new text end 57.25 new text begin incorporating surface water and groundwater new text end 57.26 new text begin technical analysis; new text end 57.27 new text begin (5) enhancement of precipitation data and new text end 57.28 new text begin analysis to improve the use of irrigation; new text end 57.29 new text begin (6) enhanced information technology, new text end 57.30 new text begin including electronic permitting and new text end 57.31 new text begin integrated data systems; and new text end 57.32 new text begin (7) increased compliance and monitoring. new text end 58.1 new text begin Of this amount, $600,000 the first year is for new text end 58.2 new text begin silica sand rulemaking and is available until new text end 58.3 new text begin spent. new text end 58.4 new text begin The commissioner, in cooperation with the new text end 58.5 new text begin commissioner of agriculture, shall enforce new text end 58.6 new text begin compliance with aquatic plant management new text end 58.7 new text begin requirements regulating the control of new text end 58.8 new text begin aquatic plants with pesticides and removal of new text end 58.9 new text begin aquatic plants by mechanical means under new text end 58.10 new text begin Minnesota Statutes, section 103G.615. new text end 58.11 new text begin Subd. 4. new text end new text begin Forest Management new text end new text begin 36,860,000 new text end new text begin 36,810,000 new text end 58.12 new text begin Appropriations by Fund new text end 58.13 new text begin General new text end new text begin 24,450,000 new text end new text begin 24,400,000 new text end 58.14 new text begin Natural Resources new text end new text begin 11,123,000 new text end new text begin 11,123,000 new text end 58.15 new text begin Game and Fish new text end new text begin 1,287,000 new text end new text begin 1,287,000 new text end 58.16 new text begin $7,145,000 the first year and $7,145,000 new text end 58.17 new text begin the second year are for prevention, new text end 58.18 new text begin presuppression, and suppression costs of new text end 58.19 new text begin emergency firefighting and other costs new text end 58.20 new text begin incurred under Minnesota Statutes, section new text end 58.21 new text begin 88.12. The amount necessary to pay for new text end 58.22 new text begin presuppression and suppression costs during new text end 58.23 new text begin the biennium is appropriated from the general new text end 58.24 new text begin fund. new text end 58.25 new text begin By January 15 of each year, the commissioner new text end 58.26 new text begin of natural resources shall submit a report to new text end 58.27 new text begin the chairs and ranking minority members new text end 58.28 new text begin of the house and senate committees new text end 58.29 new text begin and divisions having jurisdiction over new text end 58.30 new text begin environment and natural resources finance, new text end 58.31 new text begin identifying all firefighting costs incurred new text end 58.32 new text begin and reimbursements received in the prior new text end 58.33 new text begin fiscal year. These appropriations may new text end 58.34 new text begin not be transferred. Any reimbursement new text end 58.35 new text begin of firefighting expenditures made to the new text end 59.1 new text begin commissioner from any source other than new text end 59.2 new text begin federal mobilizations shall be deposited into new text end 59.3 new text begin the general fund. new text end 59.4 new text begin $11,123,000 the first year and $11,123,000 new text end 59.5 new text begin the second year are from the forest new text end 59.6 new text begin management investment account in the new text end 59.7 new text begin natural resources fund for only the purposes new text end 59.8 new text begin specified in Minnesota Statutes, section new text end 59.9 new text begin 89.039, subdivision 2. new text end 59.10 new text begin $1,287,000 the first year and $1,287,000 new text end 59.11 new text begin the second year are from the heritage new text end 59.12 new text begin enhancement account in the game and fish new text end 59.13 new text begin fund to advance ecological classification new text end 59.14 new text begin systems (ECS) scientific management tools new text end 59.15 new text begin for forest and invasive species management. new text end 59.16 new text begin $580,000 the first year and $580,000 the new text end 59.17 new text begin second year are for the Forest Resources new text end 59.18 new text begin Council for implementation of the new text end 59.19 new text begin Sustainable Forest Resources Act. new text end 59.20 new text begin $250,000 the first year and $250,000 the new text end 59.21 new text begin second year are for the FORIST system. new text end 59.22 new text begin $50,000 the first year is for development of new text end 59.23 new text begin a plan and recommendations, in consultation new text end 59.24 new text begin with the University of Minnesota, new text end 59.25 new text begin Department of Forest Resources, on utilizing new text end 59.26 new text begin the state forest nurseries to: ensure the new text end 59.27 new text begin long-term availability of ecologically new text end 59.28 new text begin appropriate and genetically diverse native new text end 59.29 new text begin forest seed and seedlings to support state new text end 59.30 new text begin conservation projects and initiatives; new text end 59.31 new text begin protect the genetic fitness and resilience of new text end 59.32 new text begin native forest ecosystems; and support tree new text end 59.33 new text begin improvement research to address evolving new text end 59.34 new text begin pressures such as invasive species and new text end 59.35 new text begin climate change. By December 31, 2013, new text end 60.1 new text begin the commissioner shall submit a report with new text end 60.2 new text begin the plan and recommendations to the chairs new text end 60.3 new text begin and ranking minority members of the senate new text end 60.4 new text begin and house of representatives committees new text end 60.5 new text begin and divisions with jurisdiction over natural new text end 60.6 new text begin resources. The report shall address funding new text end 60.7 new text begin to improve state forest nursery and tree new text end 60.8 new text begin improvement capabilities. The report shall new text end 60.9 new text begin also provide updated recommendations from new text end 60.10 new text begin those contained in the budget and financial new text end 60.11 new text begin plan required under Laws 2011, First Special new text end 60.12 new text begin Session chapter 2, article 4, section 30. new text end 60.13 new text begin The general fund base budget for forest new text end 60.14 new text begin management in fiscal year 2016 and new text end 60.15 new text begin thereafter is $23,850,000. new text end 60.16 new text begin Subd. 5. new text end new text begin Parks and Trails Management new text end new text begin 67,802,000 new text end new text begin 67,802,000 new text end 60.17 new text begin Appropriations by Fund new text end 60.18 new text begin 2014 new text end new text begin 2015 new text end 60.19 new text begin General new text end new text begin 19,780,000 new text end new text begin 19,780,000 new text end 60.20 new text begin Natural Resources new text end new text begin 45,763,000 new text end new text begin 45,763,000 new text end 60.21 new text begin Game and Fish new text end new text begin 2,259,000 new text end new text begin 2,259,000 new text end 60.22 new text begin $1,075,000 the first year and $1,075,000 the new text end 60.23 new text begin second year are from the water recreation new text end 60.24 new text begin account in the natural resources fund for new text end 60.25 new text begin enhancing public water access facilities new text end 60.26 new text begin and to prevent the spread of aquatic new text end 60.27 new text begin invasive species, including inspection and new text end 60.28 new text begin decontamination programs. Of the amount in new text end 60.29 new text begin the first year, $300,000 is for construction of new text end 60.30 new text begin restroom facilities at the public water access new text end 60.31 new text begin for Crane Lake on Handberg Road and is new text end 60.32 new text begin available until spent. This appropriation is new text end 60.33 new text begin not available until the commissioner develops new text end 60.34 new text begin and implements design standards and best new text end 60.35 new text begin management practices for public water access new text end 61.1 new text begin sites that maintain and improve water quality new text end 61.2 new text begin by avoiding shoreline erosion and runoff. new text end 61.3 new text begin $5,740,000 the first year and $5,740,000 the new text end 61.4 new text begin second year are from the natural resources new text end 61.5 new text begin fund for state trail, park, and recreation area new text end 61.6 new text begin operations. This appropriation is from the new text end 61.7 new text begin revenue deposited in the natural resources new text end 61.8 new text begin fund under Minnesota Statutes, section new text end 61.9 new text begin 297A.94, paragraph (e), clause (2). new text end 61.10 new text begin $1,005,000 the first year and $1,005,000 the new text end 61.11 new text begin second year are from the natural resources new text end 61.12 new text begin fund for trail grants to local units of new text end 61.13 new text begin government on land to be maintained for at new text end 61.14 new text begin least 20 years for the purposes of the grants. new text end 61.15 new text begin This appropriation is from the revenue new text end 61.16 new text begin deposited in the natural resources fund new text end 61.17 new text begin under Minnesota Statutes, section 297A.94, new text end 61.18 new text begin paragraph (e), clause (4). Any unencumbered new text end 61.19 new text begin balance does not cancel at the end of the first new text end 61.20 new text begin year and is available for the second year. new text end 61.21 new text begin $8,424,000 the first year and $8,424,000 new text end 61.22 new text begin the second year are from the snowmobile new text end 61.23 new text begin trails and enforcement account in the new text end 61.24 new text begin natural resources fund for the snowmobile new text end 61.25 new text begin grants-in-aid program. Any unencumbered new text end 61.26 new text begin balance does not cancel at the end of the first new text end 61.27 new text begin year and is available for the second year. new text end 61.28 new text begin $1,460,000 the first year and $1,460,000 the new text end 61.29 new text begin second year are from the natural resources new text end 61.30 new text begin fund for the off-highway vehicle grants-in-aid new text end 61.31 new text begin program. Of this amount, $1,210,000 each new text end 61.32 new text begin year is from the all-terrain vehicle account; new text end 61.33 new text begin $150,000 each year is from the off-highway new text end 61.34 new text begin motorcycle account; and $100,000 each year new text end 61.35 new text begin is from the off-road vehicle account. Any new text end 62.1 new text begin unencumbered balance does not cancel at the new text end 62.2 new text begin end of the first year and is available for the new text end 62.3 new text begin second year. new text end 62.4 new text begin $75,000 the first year and $75,000 the second new text end 62.5 new text begin year are from the cross-country ski account new text end 62.6 new text begin in the natural resources fund for grooming new text end 62.7 new text begin and maintaining cross-country ski trails in new text end 62.8 new text begin state parks, trails, and recreation areas. new text end 62.9 new text begin $250,000 the first year and $250,000 the new text end 62.10 new text begin second year are from the state land and new text end 62.11 new text begin water conservation account (LAWCON) new text end 62.12 new text begin in the natural resources fund for priorities new text end 62.13 new text begin established by the commissioner for eligible new text end 62.14 new text begin state projects and administrative and new text end 62.15 new text begin planning activities consistent with Minnesota new text end 62.16 new text begin Statutes, section 84.0264, and the federal new text end 62.17 new text begin Land and Water Conservation Fund Act. new text end 62.18 new text begin Any unencumbered balance does not cancel new text end 62.19 new text begin at the end of the first year and is available for new text end 62.20 new text begin the second year. new text end 62.21 new text begin The appropriation in Laws 2009, chapter new text end 62.22 new text begin 37, article 1, section 4, subdivision 5, from new text end 62.23 new text begin the natural resources fund from the revenue new text end 62.24 new text begin deposited under Minnesota Statutes, section new text end 62.25 new text begin 297A.94, paragraph (e), clause (4), for local new text end 62.26 new text begin grants is available until spent. new text end 62.27 new text begin Subd. 6. new text end new text begin Fish and Wildlife Management new text end new text begin 62,775,000 new text end new text begin 62,775,000 new text end 62.28 new text begin Appropriations by Fund new text end 62.29 new text begin 2014 new text end new text begin 2015 new text end 62.30 new text begin Natural Resources new text end new text begin 1,906,000 new text end new text begin 1,906,000 new text end 62.31 new text begin Game and Fish new text end new text begin 60,869,000 new text end new text begin 60,869,000 new text end 62.32 new text begin $8,167,000 the first year and $8,167,000 new text end 62.33 new text begin the second year are from the heritage new text end 62.34 new text begin enhancement account in the game and fish new text end 62.35 new text begin fund only for activities specified in Minnesota new text end 63.1 new text begin Statutes, section 297A.94, paragraph (e), new text end 63.2 new text begin clause (1). Notwithstanding Minnesota new text end 63.3 new text begin Statutes, section 297A.94, five percent of new text end 63.4 new text begin this appropriation may be used for expanding new text end 63.5 new text begin hunter and angler recruitment and retention new text end 63.6 new text begin activities that emphasize the recruitment and new text end 63.7 new text begin retention of underrepresented groups. new text end 63.8 new text begin Notwithstanding Minnesota Statutes, section new text end 63.9 new text begin 84.943, $13,000 the first year and $13,000 new text end 63.10 new text begin the second year from the critical habitat new text end 63.11 new text begin private sector matching account may be used new text end 63.12 new text begin to publicize the critical habitat license plate new text end 63.13 new text begin match program. new text end 63.14 new text begin Subd. 7. new text end new text begin Enforcement new text end new text begin 35,518,000 new text end new text begin 35,518,000 new text end 63.15 new text begin Appropriations by Fund new text end 63.16 new text begin General new text end new text begin 3,975,000 new text end new text begin 3,975,000 new text end 63.17 new text begin Natural Resources new text end new text begin 10,000,000 new text end new text begin 10,000,000 new text end 63.18 new text begin Game and Fish new text end new text begin 21,443,000 new text end new text begin 21,443,000 new text end 63.19 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 63.20 new text begin $1,718,000 the first year and $1,718,000 the new text end 63.21 new text begin second year are from the general fund for new text end 63.22 new text begin enforcement efforts to prevent the spread of new text end 63.23 new text begin aquatic invasive species. new text end 63.24 new text begin $1,450,000 the first year and $1,450,000 new text end 63.25 new text begin the second year are from the heritage new text end 63.26 new text begin enhancement account in the game and new text end 63.27 new text begin fish fund for only the purposes specified new text end 63.28 new text begin in Minnesota Statutes, section 297A.94, new text end 63.29 new text begin paragraph (e), clause (1). new text end 63.30 new text begin $250,000 the first year and $250,000 the new text end 63.31 new text begin second year are for the conservation officer new text end 63.32 new text begin pre-employment education program. Of this new text end 63.33 new text begin amount, $30,000 each year is from the water new text end 63.34 new text begin recreation account, $13,000 each year is from new text end 63.35 new text begin the snowmobile account, and $20,000 each new text end 64.1 new text begin year is from the all-terrain vehicle account new text end 64.2 new text begin in the natural resources fund; and $187,000 new text end 64.3 new text begin each year is from the game and fish fund, of new text end 64.4 new text begin which $17,000 each year is from the heritage new text end 64.5 new text begin enhancement account. new text end 64.6 new text begin $1,082,000 the first year and $1,082,000 the new text end 64.7 new text begin second year are from the water recreation new text end 64.8 new text begin account in the natural resources fund new text end 64.9 new text begin for grants to counties for boat and water new text end 64.10 new text begin safety and to prevent the spread of aquatic new text end 64.11 new text begin invasive species, including inspection new text end 64.12 new text begin and decontamination programs. Any new text end 64.13 new text begin unencumbered balance does not cancel at the new text end 64.14 new text begin end of the first year and is available for the new text end 64.15 new text begin second year. new text end 64.16 new text begin $315,000 the first year and $315,000 the new text end 64.17 new text begin second year are from the snowmobile new text end 64.18 new text begin trails and enforcement account in the new text end 64.19 new text begin natural resources fund for grants to local new text end 64.20 new text begin law enforcement agencies for snowmobile new text end 64.21 new text begin enforcement activities. Any unencumbered new text end 64.22 new text begin balance does not cancel at the end of the first new text end 64.23 new text begin year and is available for the second year. new text end 64.24 new text begin $250,000 the first year and $250,000 the new text end 64.25 new text begin second year are from the all-terrain vehicle new text end 64.26 new text begin account for grants to qualifying organizations new text end 64.27 new text begin to assist in safety and environmental new text end 64.28 new text begin education and monitoring trails on public new text end 64.29 new text begin lands under Minnesota Statutes, section new text end 64.30 new text begin 84.9011. Grants issued under this paragraph: new text end 64.31 new text begin (1) must be issued through a formal new text end 64.32 new text begin agreement with the organization; and new text end 64.33 new text begin (2) must not be used as a substitute for new text end 64.34 new text begin traditional spending by the organization. new text end 64.35 new text begin By December 15 each year, an organization new text end 65.1 new text begin receiving a grant under this paragraph shall new text end 65.2 new text begin report to the commissioner with details on new text end 65.3 new text begin expenditures and outcomes from the grant. new text end 65.4 new text begin Of this appropriation, $25,000 each year new text end 65.5 new text begin is for administration of these grants. Any new text end 65.6 new text begin unencumbered balance does not cancel at the new text end 65.7 new text begin end of the first year and is available for the new text end 65.8 new text begin second year. new text end 65.9 new text begin $510,000 the first year and $510,000 new text end 65.10 new text begin the second year are from the natural new text end 65.11 new text begin resources fund for grants to county law new text end 65.12 new text begin enforcement agencies for off-highway new text end 65.13 new text begin vehicle enforcement and public education new text end 65.14 new text begin activities based on off-highway vehicle use new text end 65.15 new text begin in the county. Of this amount, $498,000 each new text end 65.16 new text begin year is from the all-terrain vehicle account; new text end 65.17 new text begin $11,000 each year is from the off-highway new text end 65.18 new text begin motorcycle account; and $1,000 each year new text end 65.19 new text begin is from the off-road vehicle account. The new text end 65.20 new text begin county enforcement agencies may use new text end 65.21 new text begin money received under this appropriation new text end 65.22 new text begin to make grants to other local enforcement new text end 65.23 new text begin agencies within the county that have a high new text end 65.24 new text begin concentration of off-highway vehicle use. new text end 65.25 new text begin Of this appropriation, $25,000 each year new text end 65.26 new text begin is for administration of these grants. Any new text end 65.27 new text begin unencumbered balance does not cancel at the new text end 65.28 new text begin end of the first year and is available for the new text end 65.29 new text begin second year. new text end 65.30 new text begin $720,000 the first year and $720,000 the new text end 65.31 new text begin second year are for development and new text end 65.32 new text begin maintenance of a records management new text end 65.33 new text begin system capable of providing real time data new text end 65.34 new text begin with global positioning system information. new text end 65.35 new text begin Of this amount, $360,000 each year is from new text end 65.36 new text begin the game and fish fund, and $360,000 each new text end 66.1 new text begin year is from the invasive species account in new text end 66.2 new text begin the natural resources fund. new text end 66.3 new text begin Up to $300,000 each year from the invasive new text end 66.4 new text begin species account is for grants to local units new text end 66.5 new text begin of government and tribes to prevent the new text end 66.6 new text begin spread of aquatic invasive species, including new text end 66.7 new text begin inspection and decontamination programs. new text end 66.8 new text begin Subd. 8. new text end new text begin Operations Support new text end new text begin 320,000 new text end new text begin 320,000 new text end 66.9 new text begin Appropriations by Fund new text end 66.10 new text begin Natural Resources new text end new text begin 320,000 new text end new text begin 320,000 new text end 66.11 new text begin $320,000 the first year and $320,000 the new text end 66.12 new text begin second year are from the natural resources new text end 66.13 new text begin fund for grants to be divided equally between new text end 66.14 new text begin the city of St. Paul for the Como Park Zoo new text end 66.15 new text begin and Conservatory and the city of Duluth new text end 66.16 new text begin for the Duluth Zoo. This appropriation new text end 66.17 new text begin is from the revenue deposited to the fund new text end 66.18 new text begin under Minnesota Statutes, section 297A.94, new text end 66.19 new text begin paragraph (e), clause (5). new text end 66.20 new text begin The commissioner may spend up to $300,000 new text end 66.21 new text begin per year from the special revenue fund to new text end 66.22 new text begin improve data analytics. The commissioner new text end 66.23 new text begin may bill the divisions of the agency an new text end 66.24 new text begin appropriate share of costs associated with new text end 66.25 new text begin this project. Any information technology new text end 66.26 new text begin development, support, or costs necessary for new text end 66.27 new text begin this project shall be incorporated into the new text end 66.28 new text begin agency's service level agreement with and new text end 66.29 new text begin paid to the Office of Enterprise Technology. new text end 66.30 66.31 Sec. 5. new text begin BOARD OF WATER AND SOIL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 12,641,000 new text end new text begin $ new text end new text begin 12,641,000 new text end 66.32 new text begin $3,423,000 the first year and $3,423,000 the new text end 66.33 new text begin second year are for natural resources block new text end 66.34 new text begin grants to local governments. Grants must be new text end 67.1 new text begin matched with a combination of local cash or new text end 67.2 new text begin in-kind contributions. The base grant portion new text end 67.3 new text begin related to water planning must be matched new text end 67.4 new text begin by an amount as specified by Minnesota new text end 67.5 new text begin Statutes, section 103B.3369. The board may new text end 67.6 new text begin reduce the amount of the natural resources new text end 67.7 new text begin block grant to a county by an amount equal to new text end 67.8 new text begin any reduction in the county's general services new text end 67.9 new text begin allocation to a soil and water conservation new text end 67.10 new text begin district from the county's previous year new text end 67.11 new text begin allocation when the board determines that new text end 67.12 new text begin the reduction was disproportionate. new text end 67.13 new text begin $3,116,000 the first year and $3,116,000 new text end 67.14 new text begin the second year are for grants requested new text end 67.15 new text begin by soil and water conservation districts for new text end 67.16 new text begin general purposes, nonpoint engineering, and new text end 67.17 new text begin implementation of the reinvest in Minnesota new text end 67.18 new text begin reserve program. Upon approval of the new text end 67.19 new text begin board, expenditures may be made from these new text end 67.20 new text begin appropriations for supplies and services new text end 67.21 new text begin benefiting soil and water conservation new text end 67.22 new text begin districts. Any district requesting a grant new text end 67.23 new text begin under this paragraph shall maintain a Web new text end 67.24 new text begin page that publishes, at a minimum, its annual new text end 67.25 new text begin report, annual audit, annual budget, and new text end 67.26 new text begin meeting notices and minutes. new text end 67.27 new text begin $1,560,000 the first year and $1,560,000 the new text end 67.28 new text begin second year are for the following cost-share new text end 67.29 new text begin programs: new text end 67.30 new text begin (1) $260,000 each year is for feedlot water new text end 67.31 new text begin quality grants for feedlots under 300 animal new text end 67.32 new text begin units in areas where there are impaired new text end 67.33 new text begin waters; new text end 67.34 new text begin (2) $1,200,000 each year is for soil and water new text end 67.35 new text begin conservation district cost-sharing contracts new text end 68.1 new text begin for erosion control, nutrient and manure new text end 68.2 new text begin management, vegetative buffers, and water new text end 68.3 new text begin quality management; and new text end 68.4 new text begin (3) $100,000 each year is for county new text end 68.5 new text begin cooperative weed management programs and new text end 68.6 new text begin to restore native plants in selected invasive new text end 68.7 new text begin species management sites by providing local new text end 68.8 new text begin native seeds and plants to landowners for new text end 68.9 new text begin implementation. new text end 68.10 new text begin The board shall submit a report to the new text end 68.11 new text begin commissioner of the Pollution Control new text end 68.12 new text begin Agency on the status of subsurface sewage new text end 68.13 new text begin treatment systems in order to ensure a single, new text end 68.14 new text begin comprehensive inventory of the systems for new text end 68.15 new text begin planning purposes. new text end 68.16 new text begin $386,000 the first year and $386,000 new text end 68.17 new text begin the second year are for implementation, new text end 68.18 new text begin enforcement, and oversight of the Wetland new text end 68.19 new text begin Conservation Act. new text end 68.20 new text begin $166,000 the first year and $166,000 new text end 68.21 new text begin the second year are to provide technical new text end 68.22 new text begin assistance to local drainage management new text end 68.23 new text begin officials and for the costs of the Drainage new text end 68.24 new text begin Work Group. new text end 68.25 new text begin $100,000 the first year and $100,000 new text end 68.26 new text begin the second year are for a grant to the new text end 68.27 new text begin Red River Basin Commission for water new text end 68.28 new text begin quality and floodplain management, new text end 68.29 new text begin including administration of programs. This new text end 68.30 new text begin appropriation must be matched by nonstate new text end 68.31 new text begin funds. If the appropriation in either year is new text end 68.32 new text begin insufficient, the appropriation in the other new text end 68.33 new text begin year is available for it. new text end 69.1 new text begin $120,000 the first year and $120,000 new text end 69.2 new text begin the second year are for grants to Area new text end 69.3 new text begin II Minnesota River Basin Projects for new text end 69.4 new text begin floodplain management. new text end 69.5 new text begin Notwithstanding Minnesota Statutes, section new text end 69.6 new text begin 103C.501, the board may shift cost-share new text end 69.7 new text begin funds in this section and may adjust the new text end 69.8 new text begin technical and administrative assistance new text end 69.9 new text begin portion of the grant funds to leverage new text end 69.10 new text begin federal or other nonstate funds or to address new text end 69.11 new text begin high-priority needs identified in local water new text end 69.12 new text begin management plans or comprehensive water new text end 69.13 new text begin management plans. new text end 69.14 new text begin $125,000 the first year and $125,000 the new text end 69.15 new text begin second year are to implement internal control new text end 69.16 new text begin policies and provide related oversight and new text end 69.17 new text begin accountability for agency programs. new text end 69.18 new text begin The appropriations for grants in this new text end 69.19 new text begin section are available until expended. If an new text end 69.20 new text begin appropriation for grants in either year is new text end 69.21 new text begin insufficient, the appropriation in the other new text end 69.22 new text begin year is available for it. new text end 69.23 Sec. 6. new text begin METROPOLITAN COUNCIL new text end new text begin $ new text end new text begin 8,540,000 new text end new text begin $ new text end new text begin 8,540,000 new text end 69.24 new text begin Appropriations by Fund new text end 69.25 new text begin 2014 new text end new text begin 2015 new text end 69.26 new text begin General new text end new text begin 2,870,000 new text end new text begin 2,870,000 new text end 69.27 new text begin Natural Resources new text end new text begin 5,670,000 new text end new text begin 5,670,000 new text end 69.28 new text begin $2,870,000 the first year and $2,870,000 the new text end 69.29 new text begin second year are for metropolitan area regional new text end 69.30 new text begin parks operation and maintenance according new text end 69.31 new text begin to Minnesota Statutes, section 473.351. new text end 69.32 new text begin $5,670,000 the first year and $5,670,000 the new text end 69.33 new text begin second year are from the natural resources new text end 69.34 new text begin fund for metropolitan area regional parks new text end 70.1 new text begin and trails maintenance and operations. This new text end 70.2 new text begin appropriation is from the revenue deposited new text end 70.3 new text begin in the natural resources fund under Minnesota new text end 70.4 new text begin Statutes, section 297A.94, paragraph (e), new text end 70.5 new text begin clause (3). new text end 70.6 70.7 Sec. 7. new text begin CONSERVATION CORPS new text end new text begin MINNESOTA new text end new text begin $ new text end new text begin 945,000 new text end new text begin $ new text end new text begin 945,000 new text end 70.8 new text begin Appropriations by Fund new text end 70.9 new text begin 2014 new text end new text begin 2015 new text end 70.10 new text begin General new text end new text begin 455,000 new text end new text begin 455,000 new text end 70.11 new text begin Natural Resources new text end new text begin 490,000 new text end new text begin 490,000 new text end 70.12 new text begin Conservation Corps Minnesota may receive new text end 70.13 new text begin money appropriated from the natural new text end 70.14 new text begin resources fund under this section only new text end 70.15 new text begin as provided in an agreement with the new text end 70.16 new text begin commissioner of natural resources. new text end 70.17 Sec. 8. new text begin ZOOLOGICAL BOARD new text end new text begin $ new text end new text begin 5,585,000 new text end new text begin $ new text end new text begin 5,585,000 new text end 70.18 new text begin Appropriations by Fund new text end 70.19 new text begin 2014 new text end new text begin 2015 new text end 70.20 new text begin General new text end new text begin 5,425,000 new text end new text begin 5,425,000 new text end 70.21 new text begin Natural Resources new text end new text begin 160,000 new text end new text begin 160,000 new text end 70.22 new text begin $160,000 the first year and $160,000 the new text end 70.23 new text begin second year are from the natural resources new text end 70.24 new text begin fund from the revenue deposited under new text end 70.25 new text begin Minnesota Statutes, section 297A.94, new text end 70.26 new text begin paragraph (e), clause (5). new text end 70.27    Sec. 9. Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended by 70.28Laws 2010, First Special Session chapter 1, article 6, section 6, is amended to read: 70.29 Subd. 6.Transfers In70.30(a) The amounts appropriated from the 70.31agency indirect costs account in the special 70.32revenue fund are reduced by $328,000 in 70.33fiscal year 2010 and $462,000 in fiscal year 71.12011, and those amounts must be transferred 71.2to the general fund by June 30, 2011. The 71.3appropriation reductions are onetime. 71.4(b) The commissioner of management and 71.5budget shall transfer $48,000,000 in fiscal 71.6year 2011 from the closed landfill investment 71.7fund in Minnesota Statutes, section 115B.421, 71.8to the general fund. The commissioner shall 71.9transfer $12,000,000 new text begin $9,900,000 new text end on July 1 71.10in each of the years new text begin , new text end 2014, 2015, 2016, and 71.112017 new text begin $12,550,000 in each of the years 2015 new text end 71.12 new text begin and 2016, and $13,000,000 in 2017 new text end from the 71.13general fund to the closed landfill investment 71.14fund. For each transfer to the closed landfill 71.15investment fund, the commissioner shall 71.16determine the total amount of interest and 71.17other earnings that would have accrued to 71.18the fund if the transfers to the general fund 71.19under this paragraph had not been made and 71.20add this amount to the transfer. The amounts 71.21necessary for these transfers are appropriated 71.22from the general fund in the fiscal years 71.23specified for the transfers. 71.24ARTICLE 4 71.25ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES 71.26    Section 1. Minnesota Statutes 2012, section 13.7411, subdivision 4, is amended to read: 71.27    Subd. 4. Waste management. (a) new text begin Product stewardship program. new text end new text begin Trade secret new text end 71.28 new text begin and sales data information submitted to the Pollution Control Agency under the product new text end 71.29 new text begin stewardship program is classified under section 115A.1415. new text end 71.30 new text begin (b) new text end Transfer station data. Data received by a county or district from a transfer 71.31station under section 115A.84, subdivision 5, are classified under that section. 71.32(b) new text begin (c) new text end Solid waste records. Records of solid waste facilities received, inspected, 71.33or copied by a county pursuant to section 115A.882 are classified pursuant to section 71.34115A.882, subdivision 3 . 72.1(c) new text begin (d) new text end Customer lists. Customer lists provided to counties or cities by solid waste 72.2collectors are classified under section 115A.93, subdivision 5. 72.3    Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision 72.4to read: 72.5     new text begin Subd. 19. new text end new text begin Federal law compliance. new text end new text begin Notwithstanding any law to the contrary, new text end 72.6 new text begin the commissioner may establish, by written order, policies for the use and operation of new text end 72.7 new text begin other power-driven mobility devices, as defined under Code of Federal Regulations, title new text end 72.8 new text begin 28, section 35.104, on lands and in facilities administered by the commissioner for the new text end 72.9 new text begin purposes of implementing the Americans with Disabilities Act, United States Code, title new text end 72.10 new text begin 42, section 12101 et seq. These policies are exempt from the rulemaking provisions of new text end 72.11 new text begin chapter 14 and section 14.386 does not apply. new text end 72.12    Sec. 3. Minnesota Statutes 2012, section 84.415, is amended by adding a subdivision 72.13to read: 72.14     new text begin Subd. 7. new text end new text begin Existing road right-of-way; fee exemption. new text end new text begin A utility license for crossing new text end 72.15 new text begin public lands or public waters is exempt from all fees specified in this section and in rules new text end 72.16 new text begin adopted under this section when the utility crossing is on an existing right-of-way of new text end 72.17 new text begin a public road. new text end 72.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 72.19    Sec. 4. Minnesota Statutes 2012, section 84.63, is amended to read: 72.2084.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE AND 72.21FEDERAL GOVERNMENTS. 72.22(a) Notwithstanding any existing law to the contrary, the commissioner of natural 72.23resources is hereby authorized on behalf of the state to convey to the United States 72.24or to the state of Minnesota or any of its subdivisions, upon state-owned lands under 72.25the administration of the commissioner of natural resources, permanent or temporary 72.26easements for specified periods or otherwise for trails, highways, roads including 72.27limitation of right of access from the lands to adjacent highways and roads, flowage for 72.28development of fish and game resources, stream protection, flood control, and necessary 72.29appurtenances thereto, such conveyances to be made upon such terms and conditions 72.30including provision for reversion in the event of non-user as the commissioner of natural 72.31resources may determine. 73.1(b) In addition to the fee for the market value of the easement, the commissioner of 73.2natural resources shall assess the applicant the following fees: 73.3(1) an application fee of $2,000 to cover reasonable costs for reviewing the 73.4application and preparing the easement; and 73.5(2) a monitoring fee to cover the projected reasonable costs for monitoring the 73.6construction of the improvement for which the easement was conveyed and preparing 73.7special terms and conditions for the easement. The commissioner must give the applicant 73.8an estimate of the monitoring fee before the applicant submits the fee. 73.9(c) The applicant shall pay these fees to the commissioner of natural resources. 73.10The commissioner shall not issue the easement until the applicant has paid in full the 73.11application fee, the monitoring fee, and the market value payment for the easement. 73.12(d) Upon completion of construction of the improvement for which the easement 73.13was conveyed, the commissioner shall refund the unobligated balance from the monitoring 73.14fee revenue. The commissioner shall not return the application fee, even if the application 73.15is withdrawn or denied. 73.16(e) Money received under paragraph (b) must be deposited in the land management 73.17account in the natural resources fund and is appropriated to the commissioner of natural 73.18resources to cover the reasonable costs incurred for issuing and monitoring easements. 73.19 new text begin (f) A county or joint county regional railroad authority is exempt from all fees new text end 73.20 new text begin specified under this section for trail easements on state-owned land. new text end 73.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. new text end 73.22    Sec. 5. new text begin [84.633] EXCHANGE OF ROAD EASEMENTS. new text end 73.23     new text begin Subdivision 1. new text end new text begin Authority. new text end new text begin The commissioner of natural resources, on behalf of new text end 73.24 new text begin the state, may convey a road easement according to this section for access across state new text end 73.25 new text begin land under the commissioner's jurisdiction in exchange for a road easement for access to new text end 73.26 new text begin property owned by the United States, the state of Minnesota or any of its subdivisions, or a new text end 73.27 new text begin private party. The exercise of the easement across state land must not cause significant new text end 73.28 new text begin adverse environmental or natural resources management impacts. Exchanges under this new text end 73.29 new text begin section are limited to existing access corridors. new text end 73.30     new text begin Subd. 2. new text end new text begin Substantially equal acres. new text end new text begin The acres covered by the state easement new text end 73.31 new text begin conveyed by the commissioner must be substantially equal to the acres covered by the new text end 73.32 new text begin easement being received by the commissioner. For purposes of this section, "substantially new text end 73.33 new text begin equal" means that the acres do not differ by more than 20 percent. The commissioner's new text end 73.34 new text begin finding of substantially equal acres is in lieu of an appraisal or other determination of new text end 73.35 new text begin value of the lands. new text end 74.1     new text begin Subd. 3. new text end new text begin School trust lands. new text end new text begin If the commissioner conveys a road easement over new text end 74.2 new text begin school trust land to a nongovernmental entity, the term of the road easement is limited new text end 74.3 new text begin to 50 years. The easement exchanged with the state may be limited to 50 years or may new text end 74.4 new text begin be perpetual. new text end 74.5     new text begin Subd. 4. new text end new text begin Terms and conditions. new text end new text begin The commissioner may impose terms and new text end 74.6 new text begin conditions of use as necessary and appropriate under the circumstances. The state may new text end 74.7 new text begin accept an easement with similar terms and conditions as the state easement. new text end 74.8     new text begin Subd. 5. new text end new text begin Survey. new text end new text begin If the commissioner determines that a survey is required, the new text end 74.9 new text begin governmental unit or private landowner shall pay to the commissioner a survey fee of not new text end 74.10 new text begin less than one half of the cost of the survey as determined by the commissioner. new text end 74.11     new text begin Subd. 6. new text end new text begin Application fee. new text end new text begin When a private landowner or governmental unit, except new text end 74.12 new text begin the state, presents to the commissioner an offer to exchange road easements, the private new text end 74.13 new text begin landowner or governmental unit shall pay an application fee as provided under section new text end 74.14 new text begin 84.63 to cover reasonable costs for reviewing the application and preparing the easements. new text end 74.15     new text begin Subd. 7. new text end new text begin Title. new text end new text begin If the commissioner determines it is necessary to obtain an opinion new text end 74.16 new text begin as to the title of the land being encumbered by the easement that will be received by the new text end 74.17 new text begin commissioner, the governmental unit or private landowner shall submit an abstract of title new text end 74.18 new text begin or other title information sufficient to determine possession of the land, improvements, new text end 74.19 new text begin liens, encumbrances, and other matters affecting title. new text end 74.20     new text begin Subd. 8. new text end new text begin Disposition of fees. new text end new text begin (a) Any fee paid under subdivision 5 must be credited new text end 74.21 new text begin to the account from which expenses are or will be paid and the fee is appropriated for the new text end 74.22 new text begin expenditures in the same manner as other money in the account. new text end 74.23 new text begin (b) Any fee paid under subdivision 6 must be deposited in the land management new text end 74.24 new text begin account in the natural resources fund and is appropriated to the commissioner to cover the new text end 74.25 new text begin reasonable costs incurred for preparing and issuing the state road easement and accepting new text end 74.26 new text begin the road easement from the private landowner or governmental entity. new text end 74.27    Sec. 6. Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to 74.28read: 74.29     new text begin Subd. 2a. new text end new text begin Nontrail use registration. new text end new text begin A snowmobile may be registered for nontrail new text end 74.30 new text begin use. A snowmobile registered under this subdivision may not be operated on a state or new text end 74.31 new text begin grant-in-aid snowmobile trail. The fee for a nontrail use registration is $45 for three years. new text end 74.32 new text begin A nontrail use registration is not transferable. In addition to other penalties prescribed by new text end 74.33 new text begin law, the penalty for violation of this subdivision is immediate revocation of the nontrail new text end 74.34 new text begin use registration. The commissioner shall ensure that the registration sticker provided for new text end 75.1 new text begin limited nontrail use is of a different color and is distinguishable from other snowmobile new text end 75.2 new text begin registration and state trail stickers provided. new text end 75.3    Sec. 7. Minnesota Statutes 2012, section 84.82, subdivision 3, is amended to read: 75.4    Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile, 75.5other than those used for an agricultural purpose, as defined in section 84.92, subdivision 75.61c, or those registered by a dealer or manufacturer pursuant to paragraph (b) or (c) new text begin , or new text end 75.7 new text begin those registered under subdivision 2a new text end shall be as follows: $75 for three years and $10 75.8for a duplicate or transfer. 75.9(b) The total registration fee for all snowmobiles owned by a dealer and operated for 75.10demonstration or testing purposes shall be $50 per year. 75.11(c) The total registration fee for all snowmobiles owned by a manufacturer and 75.12operated for research, testing, experimentation, or demonstration purposes shall be $150 75.13per year. Dealer and manufacturer registrations are not transferable. 75.14(d) The onetime fee for registration of an exempt snowmobile under subdivision 75.156a is $6. 75.16    Sec. 8. Minnesota Statutes 2012, section 84.8205, subdivision 1, is amended to read: 75.17    Subdivision 1. Sticker required; fee. (a) A snowmobile that is not registered 75.18in the state new text begin under section 84.82, subdivision 3, paragraph (a), new text end or that is registered by a 75.19manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c), may 75.20not be operated on a state or grant-in-aid snowmobile trail unless a snowmobile state 75.21trail sticker is affixed to the snowmobile. 75.22(b) The commissioner of natural resources shall issue a sticker upon application 75.23and payment of a fee. The fee is: 75.24(1) $35 for a one-year snowmobile state trail sticker purchased by an individual; and 75.25(2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or 75.26manufacturer. 75.27(c) In addition to other penalties prescribed by law, an individual in violation of 75.28this subdivision must purchase an annual state trail sticker for a fee of $70. The sticker 75.29is valid from November 1 through June 30. Fees collected under this section, except for 75.30the issuing fee for licensing agents, shall be deposited in the state treasury and credited 75.31to the snowmobile trails and enforcement account in the natural resources fund and, 75.32except for the electronic licensing system commission established by the commissioner 75.33under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, 75.34grooming, and easement acquisition. 76.1    (d) A state trail sticker is not required under this section for: 76.2    (1) a snowmobile that is owned and used by the United States, an Indian tribal 76.3government, another state, or a political subdivision thereof that is exempt from 76.4registration under section 84.82, subdivision 6; 76.5    (2) a collector snowmobile that is operated as provided in a special permit issued for 76.6the collector snowmobile under section 84.82, subdivision 7a; 76.7    (3) a person operating a snowmobile only on the portion of a trail that is owned by 76.8the person or the person's spouse, child, or parent; or 76.9    (4) a snowmobile while being used to groom a state or grant-in-aid trail. 76.10    Sec. 9. Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision 76.11to read: 76.12     new text begin Subd. 14. new text end new text begin No registration weekend. new text end new text begin The commissioner shall designate, by written new text end 76.13 new text begin order published in the State Register, one weekend each year when, notwithstanding new text end 76.14 new text begin subdivision 1, an all-terrain vehicle may be operated on state and grant-in-aid all-terrain new text end 76.15 new text begin vehicle trails without a registration issued under this section. Nonresidents may participate new text end 76.16 new text begin during the designated weekend without a state trail pass required under section 84.9275. new text end 76.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 76.18    Sec. 10. Minnesota Statutes 2012, section 84.9256, subdivision 1, is amended to read: 76.19    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on 76.20public road rights-of-way that is permitted under section 84.928 new text begin and as provided under new text end 76.21 new text begin paragraph (j) new text end , a driver's license issued by the state or another state is required to operate an 76.22all-terrain vehicle along or on a public road right-of-way. 76.23    (b) A person under 12 years of age shall not: 76.24    (1) make a direct crossing of a public road right-of-way; 76.25    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or 76.26    (3) operate an all-terrain vehicle on public lands or waters, except as provided in 76.27paragraph (f). 76.28    (c) Except for public road rights-of-way of interstate highways, a person 12 years 76.29of age but less than 16 years may make a direct crossing of a public road right-of-way 76.30of a trunk, county state-aid, or county highway or operate on public lands and waters or 76.31state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety 76.32certificate issued by the commissioner and is accompanied by a person 18 years of age or 76.33older who holds a valid driver's license. 77.1    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years 77.2old, but less than 16 new text begin 18 new text end years old, must: 77.3    (1) successfully complete the safety education and training program under section 77.484.925 , subdivision 1, including a riding component; and 77.5    (2) be able to properly reach and control the handle bars and reach the foot pegs 77.6while sitting upright on the seat of the all-terrain vehicle. 77.7    (e) A person at least 11 years of age may take the safety education and training 77.8program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 77.9the certificate is not valid until the person reaches age 12. 77.10    (f) A person at least ten years of age but under 12 years of age may operate an 77.11all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if 77.12accompanied by a parent or legal guardian. 77.13    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle. 77.14    (h) A person under the age of 16 may not operate an all-terrain vehicle on public 77.15lands or waters or on state or grant-in-aid trails if the person cannot properly reach and 77.16control the handle bars and reach the foot pegs while sitting upright on the seat of the 77.17all-terrain vehicle. 77.18(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 77.1916 years old, may make a direct crossing of a public road right-of-way of a trunk, county 77.20state-aid, or county highway or operate an all-terrain vehicle on public lands and waters 77.21or state or grant-in-aid trails if: 77.22(1) the nonresident youth has in possession evidence of completing an all-terrain 77.23safety course offered by the ATV Safety Institute or another state as provided in section 77.2484.925 , subdivision 3; and 77.25(2) the nonresident youth is accompanied by a person 18 years of age or older who 77.26holds a valid driver's license. 77.27 new text begin (j) A person 12 years of age but less than 16 years of age may operate an all-terrain new text end 77.28 new text begin vehicle on the bank, slope, or ditch of a public road right-of-way as permitted under new text end 77.29 new text begin section 84.928 if the person: new text end 77.30 new text begin (1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; new text end 77.31 new text begin and new text end 77.32 new text begin (2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle. new text end 77.33    Sec. 11. Minnesota Statutes 2012, section 84.928, subdivision 1, is amended to read: 77.34    Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise 77.35allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in 78.1this state along or on the roadway, shoulder, or inside bank or slope of a public road 78.2right-of-way of a trunk, county state-aid, or county highway. 78.3    (b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 78.4bank or slope of a trunk, county state-aid, or county highway unless prohibited under 78.5paragraph (d) or (f). 78.6    (c) A person may operate a class 2 all-terrain vehicle new text begin : new text end 78.7     new text begin (1) new text end within the public road right-of-way of a county state-aid or county highway on 78.8the extreme right-hand side of the road and left turns may be made from any part of 78.9the road if it is safe to do so under the prevailing conditions, unless prohibited under 78.10paragraph (d) or (f). A person may operate a class 2 all-terrain vehicle new text begin ; new text end 78.11     new text begin (2) on the bank, slope, or ditch of a public road right-of-way of a trunk, county new text end 78.12 new text begin state-aid, or county highway but only to access businesses or make trail connections, and new text end 78.13 new text begin left turns may be made from any part of the road if it is safe to do so under the prevailing new text end 78.14 new text begin conditions, unless prohibited under paragraph (d) or (f); and new text end 78.15     new text begin (3) new text end on the bank or ditch of a public road right-of-way on a designated class 2 78.16all-terrain vehicle trail. 78.17    (d) A road authority as defined under section 160.02, subdivision 25, may after a 78.18public hearing restrict the use of all-terrain vehicles in the public road right-of-way under 78.19its jurisdiction. 78.20    (e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the 78.21operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside 78.22bank or slope of a trunk, interstate, county state-aid, or county highway: 78.23(1) that is part of a funded grant-in-aid trail; or 78.24(2) when the all-terrain vehicle is owned by or operated under contract with a publicly 78.25or privately owned utility or pipeline company and used for work on utilities or pipelines. 78.26    (f) The commissioner may limit the use of a right-of-way for a period of time if the 78.27commissioner determines that use of the right-of-way causes: 78.28    (1) degradation of vegetation on adjacent public property; 78.29    (2) siltation of waters of the state; 78.30    (3) impairment or enhancement to the act of taking game; or 78.31    (4) a threat to safety of the right-of-way users or to individuals on adjacent public 78.32property. 78.33    The commissioner must notify the road authority as soon as it is known that a closure 78.34will be ordered. The notice must state the reasons and duration of the closure. 78.35    (g) A person may operate an all-terrain vehicle registered for private use and used 78.36for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or 79.1county highway in this state if the all-terrain vehicle is operated on the extreme right-hand 79.2side of the road, and left turns may be made from any part of the road if it is safe to do so 79.3under the prevailing conditions. 79.4    (h) A person shall not operate an all-terrain vehicle within the public road 79.5right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in 79.6the agricultural zone unless the vehicle is being used exclusively as transportation to and 79.7from work on agricultural lands. This paragraph does not apply to an agent or employee 79.8of a road authority, as defined in section 160.02, subdivision 25, or the Department of 79.9Natural Resources when performing or exercising official duties or powers. 79.10    (i) A person shall not operate an all-terrain vehicle within the public road right-of-way 79.11of a trunk, county state-aid, or county highway between the hours of one-half hour after 79.12sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way 79.13and in the same direction as the highway traffic on the nearest lane of the adjacent roadway. 79.14    (j) A person shall not operate an all-terrain vehicle at any time within the 79.15right-of-way of an interstate highway or freeway within this state. 79.16    Sec. 12. new text begin [84.973] POLLINATOR HABITAT PROGRAM. new text end 79.17 new text begin (a) The commissioner shall develop best management practices and habitat new text end 79.18 new text begin restoration guidelines for pollinator habitat enhancement. Best management practices new text end 79.19 new text begin and guidelines developed under this section must be used for all habitat enhancement or new text end 79.20 new text begin restoration of lands under the commissioner's control. new text end 79.21 new text begin (b) Prairie restorations conducted on state lands or with state funds must include new text end 79.22 new text begin an appropriate diversity of native species selected to provide habitat for pollinators new text end 79.23 new text begin throughout the growing season. new text end 79.24    Sec. 13. Minnesota Statutes 2012, section 84D.108, subdivision 2, is amended to read: 79.25    Subd. 2. Permit requirements. (a) Service providers must complete invasive 79.26species training provided by the commissioner and pass an examination to qualify for a 79.27permit. Service provider permits are valid for three calendar years. 79.28(b) A $50 application and testing fee is required for service provider permit 79.29applications. 79.30(c) Persons working for a permittee must satisfactorily complete aquatic invasive 79.31species-related training provided by the commissioner new text begin , except as provided under new text end 79.32 new text begin paragraph (d) new text end . 79.33 new text begin (d) A person working for and supervised by a permittee is not required to complete new text end 79.34 new text begin the training under paragraph (c) if the water-related equipment or other water-related new text end 80.1 new text begin structures remain on the riparian property owned or controlled by the permittee and are new text end 80.2 new text begin only removed from and placed into the same water of the state. new text end 80.3    Sec. 14. Minnesota Statutes 2012, section 85.015, subdivision 13, is amended to read: 80.4    Subd. 13. Arrowhead Region Trails, Cook, Lake, St. Louis, Pine, Carlton, 80.5Koochiching, and Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St. 80.6Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to 80.7McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in 80.8Itasca County and there terminate; 80.9(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County 80.10and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand 80.11Marais in Cook County, thence northeasterly to the international boundary in the vicinity 80.12of the north shore of Lake Superior, and there terminate; 80.13(3) The Grand Marais to International Falls Trail shall originate in Grand Marais 80.14in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area, 80.15to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to 80.16Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St. 80.17Louis County to International Falls in Koochiching County, and there terminate; 80.18(4) The Matthew Lourey Trail shall originate in Duluth in St. Louis County and 80.19extend southerly to St. Croix new text begin Chengwatana new text end State Forest in Pine County. 80.20(b) The trails shall be developed primarily for riding and hiking. 80.21(c) In addition to the authority granted in subdivision 1, lands and interests in lands 80.22for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring 80.23any land or interest in land by eminent domain the commissioner of administration shall 80.24obtain the approval of the governor. The governor shall consult with the Legislative 80.25Advisory Commission before granting approval. Recommendations of the Legislative 80.26Advisory Commission shall be advisory only. Failure or refusal of the commission to 80.27make a recommendation shall be deemed a negative recommendation. 80.28    Sec. 15. Minnesota Statutes 2012, section 85.052, subdivision 6, is amended to read: 80.29    Subd. 6. State park reservation system. new text begin (a) new text end The commissioner may, by written 80.30order, develop reasonable reservation policies for campsites and other lodging. These 80.31policies are exempt from rulemaking provisions under chapter 14 and section 14.386 80.32does not apply. 80.33 new text begin (b) The revenue collected from the state park reservation fee established under new text end 80.34 new text begin subdivision 5, including interest earned, shall be deposited in the state park account in the new text end 81.1 new text begin natural resources fund and is annually appropriated to the commissioner for the cost of new text end 81.2 new text begin the state park reservation system. new text end 81.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from March 1, 2012. new text end 81.4    Sec. 16. Minnesota Statutes 2012, section 85.053, subdivision 8, is amended to read: 81.5    Subd. 8. Military personnel on leave; exemption. (a) A one-day permit, under 81.6subdivision 4, shall be issued without a fee for a motor vehicle being used by a person 81.7who is serving in active military service in any branch or unit of the United States armed 81.8forces and who is stationed outside Minnesota, during the period of active service and for 81.990 days immediately thereafter, if the person presents the person's current military orders 81.10to the park attendant on duty or other designee of the commissioner. 81.11    (b) For purposes of this section, "active service" has the meaning given under section 81.12190.05 , subdivision 5c, when performed outside Minnesota. 81.13 new text begin (c) A permit is not required for a motor vehicle being used by military personnel or new text end 81.14 new text begin their dependents who have in their possession the annual pass for United States military new text end 81.15 new text begin and their dependents issued by the federal government for access to federal recreation sites. new text end 81.16    Sec. 17. Minnesota Statutes 2012, section 85.054, is amended by adding a subdivision 81.17to read: 81.18     new text begin Subd. 18. new text end new text begin La Salle Lake State Recreation Area. new text end new text begin A state park permit is not required new text end 81.19 new text begin and a fee may not be charged for motor vehicle entry, use, or parking in La Salle Lake new text end 81.20 new text begin State Recreation Area unless the occupants of the vehicle enter, use, or park in a developed new text end 81.21 new text begin campground, overnight, or day-use area. new text end 81.22    Sec. 18. Minnesota Statutes 2012, section 85.055, subdivision 1, is amended to read: 81.23    Subdivision 1. Fees. The fee for state park permits for: 81.24(1) an annual use of state parks is $25; 81.25(2) a second or subsequent vehicle state park permit is $18; 81.26(3) a state park permit valid for one day is $5; 81.27(4) a daily vehicle state park permit for groups is $3; 81.28(5) an annual permit for motorcycles is $20; 81.29(6) an employee's state park permit is without charge; and 81.30(7) a state park permit for disabled persons new text begin with disabilities new text end under section 85.053, 81.31subdivision 7 , clauses (1) and (2) new text begin to (3) new text end , is $12. 81.32The fees specified in this subdivision include any sales tax required by state law. 82.1    Sec. 19. Minnesota Statutes 2012, section 85.055, subdivision 2, is amended to read: 82.2    Subd. 2. Fee deposit and appropriation. The fees collected under this section shall 82.3be deposited in the natural resources fund and credited to the state parks account. Money 82.4in the account, except for the electronic licensing system commission established by the 82.5commissioner under section 84.027, subdivision 15, new text begin and the state park reservation system new text end 82.6 new text begin fee established by the commissioner under section 85.052, subdivisions 5 and 6, new text end is available 82.7for appropriation to the commissioner to operate and maintain the state park system. 82.8    Sec. 20. Minnesota Statutes 2012, section 85.42, is amended to read: 82.985.42 USER FEE; VALIDITY. 82.10(a) The fee for an annual cross-country ski pass is $19 for an individual age 16 and 82.11over. The fee for a three-year pass is $54 for an individual age 16 and over. This fee 82.12shall be collected at the time the pass is purchased. Three-year passes are valid for three 82.13years beginning the previous July 1. Annual passes are valid for one year beginning 82.14the previous July 1. 82.15(b) The cost for a daily cross-country skier pass is $5 for an individual age 16 and 82.16over. This fee shall be collected at the time the pass is purchased. The daily pass is valid 82.17only for the date designated on the pass form. 82.18(c) A pass must be signed by the skier across the front of the pass to be valid and 82.19becomes nontransferable on signing. 82.20 new text begin (d) The commissioner and agents shall issue a duplicate pass to a person whose pass new text end 82.21 new text begin is lost or destroyed, using the process established under section 97A.405, subdivision 3, new text end 82.22 new text begin and rules adopted thereunder. The fee for a duplicate cross-country ski pass is $2. new text end 82.23    Sec. 21. Minnesota Statutes 2012, section 89.0385, is amended to read: 82.2489.0385 FOREST MANAGEMENT INVESTMENT ACCOUNT; COST 82.25CERTIFICATION. 82.26(a) After each fiscal year, The commissioner shall certify the total costs incurred for 82.27forest management, forest improvement, and road improvement on state-managed lands 82.28during that new text begin each fiscal new text end year. The commissioner shall distribute forest management receipts 82.29credited to various accounts according to this section. 82.30(b) The amount of the certified costs incurred for forest management activities on 82.31state lands shall be transferred from the account where receipts are deposited to the forest 82.32management investment account in the natural resources fund, except for those costs 82.33certified under section 16A.125. new text begin Transfers may occur quarterly, based on quarterly cost and new text end 83.1 new text begin revenue reports, throughout the fiscal year, with final certification and reconciliation after new text end 83.2 new text begin each fiscal year. new text end Transfers in a fiscal year cannot exceed receipts credited to the account. 83.3    Sec. 22. Minnesota Statutes 2012, section 90.01, subdivision 4, is amended to read: 83.4    Subd. 4. Scaler. "Scaler" means a qualified bonded person designated by the 83.5commissioner to measure new text begin timber and new text end cut forest products. 83.6    Sec. 23. Minnesota Statutes 2012, section 90.01, subdivision 5, is amended to read: 83.7    Subd. 5. State appraiser. "State appraiser" means an employee of the department 83.8designated by the commissioner to appraise state lands new text begin , which includes, but is not limited new text end 83.9 new text begin to, timber and other forest resource products, for volume, quality, and value new text end . 83.10    Sec. 24. Minnesota Statutes 2012, section 90.01, subdivision 6, is amended to read: 83.11    Subd. 6. Timber. "Timber" means trees new text begin , shrubs, or woody plants, new text end that will produce 83.12forest products of value whether standing or down, and including but not limited to logs, 83.13 new text begin sawlogs, new text end posts, poles, bolts, pulpwood, cordwood, new text begin fuelwood, woody biomass, new text end lumber new text begin , new text end 83.14 and new text begin woody new text end decorative material. 83.15    Sec. 25. Minnesota Statutes 2012, section 90.01, subdivision 8, is amended to read: 83.16    Subd. 8. Permit holder. "Permit holder" means the person holding new text begin who is the new text end 83.17 new text begin signatory of new text end a permit to cut timber on state lands. 83.18    Sec. 26. Minnesota Statutes 2012, section 90.01, subdivision 11, is amended to read: 83.19    Subd. 11. Effective permit. "Effective permit" means a permit for which the 83.20commissioner has on file full or partial surety new text begin security new text end as required by section 90.161, new text begin or new text end 83.21 90.162, , or or, in the case of permits issued according to section 90.191 or 83.2290.195 , the commissioner has received a down payment equal to the full appraised value. 83.23    Sec. 27. Minnesota Statutes 2012, section 90.031, subdivision 4, is amended to read: 83.24    Subd. 4. Timber rules. The Executive Council may formulate and establish, from 83.25time to time, rules it deems advisable for the transaction of timber business of the state, 83.26including approval of the sale of timber on any tract in a lot exceeding 6,000 new text begin 12,000 new text end cords 83.27in volume when the sale is in the best interests of the state, and may abrogate, modify, 83.28or suspend rules at its pleasure. 83.29    Sec. 28. Minnesota Statutes 2012, section 90.041, subdivision 2, is amended to read: 84.1    Subd. 2. Trespass on state lands. The commissioner may compromise and settle, 84.2with the approval of new text begin notification to new text end the attorney general, upon terms the commissioner 84.3deems just, any claim of the state for casual and involuntary trespass upon state lands or 84.4timber; provided that no claim shall be settled for less than the full value of all timber 84.5or other materials taken in casual trespass or the full amount of all actual damage or 84.6loss suffered by the state as a result. new text begin Upon request, new text end the commissioner shall advise the 84.7Executive Council of any information acquired by the commissioner concerning any 84.8trespass on state lands, giving all details and names of witnesses and all compromises and 84.9settlements made under this subdivision. 84.10    Sec. 29. Minnesota Statutes 2012, section 90.041, subdivision 5, is amended to read: 84.11    Subd. 5. Forest improvement contracts. The commissioner may contract as part 84.12of the timber sale with the purchaser of state timber at either informal or auction sale 84.13for the following forest improvement work to be done on the land included within the 84.14sale area: new text begin . Forest improvement work may include activities relating to new text end preparation of 84.15the site for seeding or planting of seedlings or trees, seeding or planting of seedlings or 84.16trees, and other activities relating new text begin related new text end to forest regeneration new text begin or deemed necessary by new text end 84.17 new text begin the commissioner to accomplish forest management objectives, including those related new text end 84.18 new text begin to water quality protection, trail development, and wildlife habitat enhancement new text end . A 84.19contract issued under this subdivision is not subject to the competitive bidding provisions 84.20of chapter 16C and is exempt from the contract approval provisions of section 16C.05, 84.21subdivision 2 . new text begin The bid value received in the sale of the timber and the contract bid new text end 84.22 new text begin cost of the improvement work may be combined and the total value may be considered new text end 84.23 new text begin by the commissioner in awarding forest improvement contracts under this section. new text end 84.24 new text begin The commissioner may refuse to accept any and all bids received and cancel a forest new text end 84.25 new text begin improvement contract sale for good and sufficient reasons. new text end 84.26    Sec. 30. Minnesota Statutes 2012, section 90.041, subdivision 6, is amended to read: 84.27    Subd. 6. Sale of damaged timber. The commissioner may sell at public auction 84.28timber that has been damaged by fire, windstorm, flood, new text begin insect, disease, new text end or other natural 84.29cause on notice that the commissioner considers reasonable when there is a high risk that 84.30the salvage value of the timber would be lost. 84.31    Sec. 31. Minnesota Statutes 2012, section 90.041, subdivision 9, is amended to read: 84.32    Subd. 9. Reoffering unsold timber. To maintain and enhance forest ecosystems on 84.33state forest lands, The commissioner may reoffer timber tracts remaining unsold under the 85.1provisions of section 90.101 below appraised value at public auction with the required 85.230-day notice under section 90.101, subdivision 2. 85.3    Sec. 32. Minnesota Statutes 2012, section 90.041, is amended by adding a subdivision 85.4to read: 85.5     new text begin Subd. 10. new text end new text begin Fees. new text end new text begin (a) The commissioner may establish a fee schedule that covers the new text end 85.6 new text begin commissioner's cost of issuing, administering, and processing various permits, permit new text end 85.7 new text begin modifications, transfers, assignments, amendments, and other transactions necessary to the new text end 85.8 new text begin administration of activities under this chapter. new text end 85.9 new text begin (b) A fee established under this subdivision is not subject to the rulemaking new text end 85.10 new text begin provisions of chapter 14 and section 14.386 does not apply. The commissioner may new text end 85.11 new text begin establish fees under this subdivision notwithstanding section 16A.1283. new text end 85.12    Sec. 33. Minnesota Statutes 2012, section 90.041, is amended by adding a subdivision 85.13to read: 85.14     new text begin Subd. 11. new text end new text begin Debarment. new text end new text begin The commissioner may debar a permit holder if the holder new text end 85.15 new text begin is convicted in Minnesota at the gross misdemeanor or felony level of criminal willful new text end 85.16 new text begin trespass, theft, fraud, or antitrust violation involving state, federal, county, or privately new text end 85.17 new text begin owned timber in Minnesota or convicted in any other state involving similar offenses and new text end 85.18 new text begin penalties for timber owned in that state. The commissioner shall cancel and repossess the new text end 85.19 new text begin permit directly involved in the prosecution of the crime. The commissioner shall cancel new text end 85.20 new text begin and repossess all other state timber permits held by the permit holder after taking from new text end 85.21 new text begin all security deposits money to which the state is entitled. The commissioner shall return new text end 85.22 new text begin the remainder of the security deposits, if any, to the permit holder. The debarred permit new text end 85.23 new text begin holder is prohibited from bidding, possessing, or being employed on any state timber new text end 85.24 new text begin permit during the period of debarment. The period of debarment is not less than one year new text end 85.25 new text begin or greater than three years. The duration of the debarment is based on the severity of the new text end 85.26 new text begin violation, past history of compliance with timber permits, and the amount of loss incurred new text end 85.27 new text begin by the state arising from violations of timber permits. new text end 85.28    Sec. 34. Minnesota Statutes 2012, section 90.045, is amended to read: 85.2990.045 APPRAISAL STANDARDS. 85.30By July 1, 1983, the commissioner shall establish specific timber appraisal standards 85.31according to which all timber appraisals will be conducted under this chapter. The 85.32standards shall include a specification of the maximum allowable appraisal sampling error, 85.33and new text begin including new text end the procedures for tree defect allowance, tract area estimation, product 86.1volume estimation, and product value determination. The timber appraisal standards shall 86.2be included in each edition of the timber sales manual published by the commissioner. In 86.3addition to the duties pursuant to section 90.061, every state appraiser shall work within 86.4the guidelines of the timber appraisal standards. The standards shall not be subject to 86.5the rulemaking provisions of chapter 14. 86.6    Sec. 35. Minnesota Statutes 2012, section 90.061, subdivision 8, is amended to read: 86.7    Subd. 8. Appraiser authority; form of documents. State appraisers are 86.8empowered, with the consent of the commissioner, to perform any scaling, and generally 86.9to supervise the cutting and removal of timber new text begin and forest products new text end on or from state lands 86.10so far as may be reasonably necessary to insure compliance with the terms of the permits 86.11or other contracts governing the same and protect the state from loss. 86.12The form of appraisal reports, records, and notes to be kept by state appraisers 86.13shall be as the commissioner prescribes. 86.14    Sec. 36. Minnesota Statutes 2012, section 90.101, subdivision 1, is amended to read: 86.15    Subdivision 1. Sale requirements. The commissioner may sell the timber on any 86.16tract of state land and may determine the number of sections or fractional sections of land 86.17to be included in the permit area covered by any one permit issued to the purchaser of 86.18timber on state lands, or in any one contract or other instrument relating thereto. No 86.19timber shall be sold, except (1) to the highest responsible bidder at public auction, or 86.20(2) if unsold at public auction new text begin , new text end the commissioner may offer the timber for private sale 86.21for a period of no more than six months new text begin one year new text end after the public auction to any person 86.22 new text begin responsible bidder new text end who pays the appraised value for the timber. The minimum price shall 86.23be the appraised value as fixed by the report of the state appraiser. Sales may include tracts 86.24in more than one contiguous county or forestry administrative area and shall be held either 86.25in the county or forestry administrative area in which the tract is located or in an adjacent 86.26county or forestry administrative area that is nearest the tract offered for sale or that is 86.27most accessible to potential bidders. In adjoining counties or forestry administrative areas, 86.28sales may not be held less than two hours apart. 86.29    Sec. 37. Minnesota Statutes 2012, section 90.121, is amended to read: 86.3090.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000 86.31CORDS. 87.1(a) The commissioner may sell the timber on any tract of state land in lots not 87.2exceeding 3,000 cords in volume, in the same manner as timber sold at public auction under 87.3section 90.101, and related laws, subject to the following special exceptions and limitations: 87.4(1) the commissioner shall offer all tracts authorized for sale by this section 87.5separately from the sale of tracts of state timber made pursuant to section 90.101; 87.6(2) no bidder may be awarded more than 25 percent of the total tracts offered at the 87.7first round of bidding unless fewer than four tracts are offered, in which case not more than 87.8one tract shall be awarded to one bidder. Any tract not sold at public auction may be offered 87.9for private sale as authorized by section 90.101, subdivision 1, new text begin 30 days after the auction new text end to 87.10persons new text begin responsible bidders new text end eligible under this section at the appraised value; and 87.11(3) no sale may be made to a person new text begin responsible bidder new text end having more than 30 87.12employees. For the purposes of this clause, "employee" means an individual working in 87.13the timber or wood products industry for salary or wages on a full-time or part-time basis. 87.14(b) The auction sale procedure set forth in this section constitutes an additional 87.15alternative timber sale procedure available to the commissioner and is not intended to 87.16replace other authority possessed by the commissioner to sell timber in lots of 3,000 87.17cords or less. 87.18(c) Another bidder or the commissioner may request that the number of employees a 87.19bidder has pursuant to paragraph (a), clause (3), be confirmed new text begin by signed affidavit new text end if there is 87.20evidence that the bidder may be ineligible due to exceeding the employee threshold. The 87.21commissioner shall request information from the commissioners of labor and industry and 87.22employment and economic development including the premiums paid by the bidder in 87.23question for workers' compensation insurance coverage for all employees of the bidder. 87.24The commissioner shall review the information submitted by the commissioners of labor 87.25and industry and employment and economic development and make a determination based 87.26on that information as to whether the bidder is eligible. A bidder is considered eligible and 87.27may participate in intermediate auctions until determined ineligible under this paragraph. 87.28    Sec. 38. Minnesota Statutes 2012, section 90.145, is amended to read: 87.2990.145 PURCHASER QUALIFICATIONS AND new text begin , new text end REGISTRATION new text begin , AND new text end 87.30 new text begin REQUIREMENTS new text end . 87.31    Subdivision 1. Purchaser qualifications new text begin requirements new text end . (a) In addition to any other 87.32requirements imposed by this chapter, the purchaser of a state timber permit issued under 87.33section 90.151 must meet the requirements in paragraphs (b) to (d) new text begin (e) new text end . 87.34(b) The purchaser and new text begin or new text end the purchaser's agents, employees, subcontractors, and 87.35assigns new text begin conducting logging operations on the timber permit new text end must comply with general 88.1industry safety standards for logging adopted by the commissioner of labor and industry 88.2under chapter 182. The commissioner of natural resources shall new text begin may new text end require a purchaser 88.3to provide proof of compliance with the general industry safety standards. 88.4(c) The purchaser and new text begin or new text end the purchaser's agents, subcontractors, and assigns 88.5 new text begin conducting logging operations on the timber permit new text end must comply with the mandatory 88.6insurance requirements of chapter 176. The commissioner shall new text begin may new text end require a purchaser 88.7to provide a copy of the proof of insurance required by section 176.130 before the start of 88.8harvesting operations on any permit. 88.9(d) Before the start of harvesting operations on any permit, the purchaser must certify 88.10that a foreperson or other designated employee who has a current certificate of completion new text begin , new text end 88.11 new text begin which includes instruction in site-level forest management guidelines or best management new text end 88.12 new text begin practices, new text end from the Minnesota Logger Education Program (MLEP), the Wisconsin Forest 88.13Industry Safety and Training Alliance (FISTA), or any similar new text begin continuous education new text end 88.14program acceptable to the commissioner, is supervising active logging operations. 88.15 new text begin (e) The purchaser and the purchaser's agents, employees, subcontractors, and assigns new text end 88.16 new text begin who will be involved with logging or scaling state timber must be in compliance with new text end 88.17 new text begin this chapter. new text end 88.18    Subd. 2. Purchaser preregistration new text begin registration new text end . To facilitate the sale of permits 88.19issued under section 90.151, the commissioner may establish a purchaser preregistration 88.20 new text begin registration new text end system new text begin to verify the qualifications of a person as a responsible bidder to new text end 88.21 new text begin purchase a timber permit new text end . Any system implemented by the commissioner shall be limited 88.22in scope to only that information that is required for the efficient administration of the 88.23purchaser qualification provisions new text begin requirements new text end of this chapter and shall conform with the 88.24requirements of chapter 13. new text begin The registration system established under this subdivision is new text end 88.25 new text begin not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. new text end 88.26    Sec. 39. Minnesota Statutes 2012, section 90.151, subdivision 1, is amended to read: 88.27    Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment 88.28for state timber required under section 90.14 or 90.191, the commissioner shall issue a 88.29numbered permit to the purchaser, in a form approved by the attorney general, by the 88.30terms of which the purchaser shall be authorized to enter upon the land, and to cut and 88.31remove the timber therein described as designated for cutting in the report of the state 88.32appraiser, according to the provisions of this chapter. The permit shall be correctly 88.33dated and executed by the commissioner and signed by the purchaser. If a permit is not 88.34signed by the purchaser within 60 new text begin 45 new text end days from the date of purchase, the permit cancels 88.35and the down payment for timber required under section 90.14 forfeits to the state. The 89.1commissioner may grant an additional period for the purchaser to sign the permit, not to 89.2exceed five new text begin ten new text end business days, provided the purchaser pays a $125 new text begin $200 new text end penalty fee. 89.3    (b) The permit shall expire no later than five years after the date of sale as the 89.4commissioner shall specify or as specified under section 90.191, and the timber shall 89.5be cut new text begin and removed new text end within the time specified therein. All cut timber, equipment, and 89.6buildings not removed from the land within 90 days after expiration of the permit shall 89.7become the property of the state. new text begin If additional time is needed, the permit holder must new text end 89.8 new text begin request, prior to the expiration date, and may be granted, for good and sufficient reasons, new text end 89.9 new text begin up to 90 additional days for the completion of skidding, hauling, and removing all new text end 89.10 new text begin equipment and buildings. All cut timber, equipment, and buildings not removed from the new text end 89.11 new text begin land after expiration of the permit becomes the property of the state. new text end 89.12    (c) The commissioner may grant an additional period of time not to exceed 120 new text begin 240 new text end 89.13 days for the removal of cut timber, equipment, and buildings upon receipt of such new text begin a written new text end 89.14 request by the permit holder for good and sufficient reasons. The commissioner may grant 89.15a second period of time not to exceed 120 days for the removal of cut timber, equipment, 89.16and buildings upon receipt of a request by the permit holder for hardship reasons only. 89.17 new text begin The permit holder may combine in the written request under this paragraph the request new text end 89.18 new text begin for additional time under paragraph (b). new text end 89.19    Sec. 40. Minnesota Statutes 2012, section 90.151, subdivision 2, is amended to read: 89.20    Subd. 2. Permit requirements. The permit shall state the amount of timber 89.21estimated for cutting on the land, the estimated value thereof, and the price at which it is 89.22sold new text begin in units of new text end per thousand feet, per cord, per piece, new text begin per ton, new text end or by whatever description 89.23sold, and shall specify that all landings of cut products shall be legibly marked with the 89.24assigned permit number. The permit shall provide for the continuous identification 89.25 new text begin and control new text end of the cut timber from the time of cutting until delivery to the consumer. 89.26The permit shall provide that failure to continuously identify the timber as specified in 89.27the permit constitutes trespass. 89.28    Sec. 41. Minnesota Statutes 2012, section 90.151, subdivision 3, is amended to read: 89.29    Subd. 3. Security provisions. The permit shall contain such provisions as may be 89.30necessary to secure to the state the title of all timber cut thereunder wherever found until 89.31full payment therefor and until all provisions of the permit have been fully complied 89.32with. The permit shall provide that from the date the same becomes effective new text begin cutting new text end 89.33 new text begin commences new text end until the expiration thereof new text begin of the permit new text end , including all extensions, the 89.34purchaser and successors in interest shall be liable to the state for the full permit price of 90.1all timber covered thereby, notwithstanding any subsequent damage or injury thereto or 90.2trespass thereon or theft thereof, and without prejudice to the right of the state to pursue 90.3such timber and recover the value thereof anywhere prior to the payment therefor in full to 90.4the state. new text begin If an effective permit is forfeited prior to any cutting activity, the purchaser is new text end 90.5 new text begin liable to the state for a sum equal to the down payment and bid guarantee. new text end Upon recovery 90.6from any person other than the permit holder, the permit holder shall be deemed released 90.7to the extent of the net amount, after deducting all expenses of collecting same, recovered 90.8by the state from such other person. 90.9    Sec. 42. Minnesota Statutes 2012, section 90.151, subdivision 4, is amended to read: 90.10    Subd. 4. Permit terms. new text begin Once a permit becomes effective and cutting commences, new text end 90.11 new text begin the permit holder is liable to the state for the permit price for all timber required to be cut, new text end 90.12 new text begin including timber not cut. new text end The permit shall provide that all timber sold or designated for 90.13cutting shall be cut without new text begin in such a manner so as not to cause new text end damage to other timber; 90.14that the permit holder shall remove all timber authorized new text begin and designated new text end to be cut under 90.15the permit; that timber sold by board measure new text begin identified in the permit, new text end but later determined 90.16by the commissioner not to be convertible into board new text begin the permit's new text end measure new text begin , new text end shall be paid 90.17for by the piece or cord or other unit of measure according to the size, species, or value, as 90.18may be determined by the commissioner; new text begin and new text end that all timber products, except as specified 90.19by the commissioner, shall be scaled and the final settlement for the timber cut shall be 90.20made on this scale; and that the permit holder shall pay to the state the permit price for 90.21all timber authorized to be cut, including timber not cut. 90.22    Sec. 43. Minnesota Statutes 2012, section 90.151, subdivision 6, is amended to read: 90.23    Subd. 6. Notice and approval required. The permit shall provide that the permit 90.24holder shall not start cutting any state timber nor clear building sites new text begin landings new text end nor logging 90.25roads until the commissioner has been notified and has given prior approval to such 90.26cutting operations. Approval shall not be granted until the permit holder has completed 90.27a presale conference with the state appraiser designated to supervise the cutting. The 90.28permit holder shall also give prior notice whenever permit operations are to be temporarily 90.29halted, whenever permit operations are to be resumed, and when permit operations are to 90.30be completed. 90.31    Sec. 44. Minnesota Statutes 2012, section 90.151, subdivision 7, is amended to read: 90.32    Subd. 7. Liability for timber cut in trespass. The permit shall provide that the 90.33permit holder shall pay the permit price value for any timber sold which is negligently 91.1destroyed or damaged by the permit holder in cutting or removing other timber sold. If the 91.2permit holder shall cut or remove or negligently destroy or damage any timber upon the 91.3land described, not sold under the permit, except such timber as it may be necessary to cut 91.4and remove in the construction of necessary logging roads and landings approved as to 91.5location and route by the commissioner, such timber shall be deemed to have been cut in 91.6trespass. The permit holder shall be liable for any such timber and recourse may be had 91.7upon the bond new text begin security deposit new text end . 91.8    Sec. 45. Minnesota Statutes 2012, section 90.151, subdivision 8, is amended to read: 91.9    Subd. 8. Suspension; cancellation. The permit shall provide that the commissioner 91.10shall have the power to order suspension of all operations under the permit when in the 91.11commissioner's judgment the conditions thereof have not been complied with and any 91.12timber cut or removed during such suspension shall be deemed to have been cut in trespass; 91.13that the commissioner may cancel the permit at any time when in the commissioner's 91.14judgment the conditions thereof have not been complied with new text begin due to a breach of the permit new text end 91.15 new text begin conditions new text end and such cancellation shall constitute repossession of the timber by the state; 91.16that the permit holder shall remove equipment and buildings from such land within 90 days 91.17after such cancellation; that, if the purchaser at any time fails to pay any obligations to the 91.18state under any other permits, any or all permits may be canceled; and that any timber new text begin cut new text end 91.19 new text begin or new text end removed in violation of the terms of the permit or of any law shall constitute trespass. 91.20    Sec. 46. Minnesota Statutes 2012, section 90.151, subdivision 9, is amended to read: 91.21    Subd. 9. Slashings disposal. The permit shall provide that the permit holder shall 91.22burn or otherwise dispose of new text begin or treat new text end all slashings or other refuse resulting from cutting 91.23operations new text begin , as specified in the permit, new text end in the manner now or hereafter provided by law. 91.24    Sec. 47. Minnesota Statutes 2012, section 90.161, is amended to read: 91.2590.161 SURETY BONDS FOR AUCTION new text begin SECURITY DEPOSITS new text end 91.26 new text begin REQUIRED FOR EFFECTIVE new text end TIMBER PERMITS. 91.27    Subdivision 1. Bond new text begin Security deposit new text end required. new text begin (a) new text end Except as otherwise provided 91.28by law, the purchaser of any state timber, before any timber permit becomes effective for 91.29any purpose, shall give a good and valid bond new text begin security in the form of cash; a certified new text end 91.30 new text begin check; a cashier's check; a postal, bank, or express money order; a corporate surety bond; new text end 91.31 new text begin or an irrevocable bank letter of credit new text end to the state of Minnesota equal to the value of all 91.32timber covered or to be covered by the permit, as shown by the sale price bid and the 92.1appraisal report as to quantity, less the amount of any payments pursuant to sections 92.2 new text begin section new text end 90.14 and . 92.3 new text begin (b) new text end The bond new text begin security deposit new text end shall be conditioned upon the faithful performance 92.4by the purchaser and successors in interest of all terms and conditions of the permit and 92.5all requirements of law in respect to timber sales. The bond new text begin security deposit new text end shall be 92.6approved in writing by the commissioner and filed for record in the commissioner's office. 92.7 new text begin (c) new text end In the alternative to cash and bond requirements, but upon the same conditions, 92.8 A purchaser may post bond for 100 percent of the purchase price and request refund of the 92.9amount of any payments pursuant to sections new text begin section new text end 90.14 and . The commissioner 92.10may credit the refund to any other permit held by the same permit holder if the permit is 92.11delinquent as provided in section 90.181, subdivision 2, or may credit the refund to any 92.12other permit to which the permit holder requests that it be credited. 92.13 new text begin (d) In the event of a default, the commissioner may take from the deposit the sum of new text end 92.14 new text begin money to which the state is entitled. The commissioner shall return the remainder of the new text end 92.15 new text begin deposit, if any, to the person making the deposit. When cash is deposited as security, it new text end 92.16 new text begin shall be applied to the amount due when a statement is prepared and transmitted to the new text end 92.17 new text begin permit holder according to section 90.181. Any balance due to the state shall be shown on new text end 92.18 new text begin the statement and shall be paid as provided in section 90.181. Any amount of the deposit new text end 92.19 new text begin in excess of the amount determined to be due according to section 90.181 shall be returned new text end 92.20 new text begin to the permit holder when a final statement is transmitted under section 90.181. All or new text end 92.21 new text begin part of a cash deposit may be withheld from application to an amount due on a nonfinal new text end 92.22 new text begin statement if it appears that the total amount due on the permit will exceed the bid price. new text end 92.23 new text begin (e) If an irrevocable bank letter of credit is provided as security under paragraph new text end 92.24 new text begin (a), at the written request of the permittee, the commissioner shall annually allow the new text end 92.25 new text begin amount of the bank letter of credit to be reduced by an amount proportionate to the value new text end 92.26 new text begin of timber that has been harvested and for which the state has received payment under the new text end 92.27 new text begin timber permit. The remaining amount of the bank letter of credit after a reduction under new text end 92.28 new text begin this paragraph must not be less than the value of the timber remaining to be harvested new text end 92.29 new text begin under the timber permit. new text end 92.30 new text begin (f) If cash; a certified check; a cashier's check; a personal check; or a postal, bank, or new text end 92.31 new text begin express money order is provided as security under paragraph (a) and no cutting of state new text end 92.32 new text begin timber has taken place on the permit, the commissioner may credit the security provided, new text end 92.33 new text begin less any deposit required under section 90.14, to any other permit to which the permit new text end 92.34 new text begin holder requests in writing that it be credited. new text end 93.1    Subd. 2. Failure to bond new text begin provide security deposit new text end . If bond new text begin the security deposit new text end is 93.2not furnished, no harvesting may occur and the down payment for timber new text begin 15 percent of the new text end 93.3 new text begin permit's purchase price new text end shall forfeit to the state new text begin when the permit expires new text end . 93.4    Subd. 3. Subrogation. In case of default new text begin When security is provided by surety new text end 93.5 new text begin bond and the permit holder defaults new text end in payment by the permit holder new text begin , new text end the surety upon the 93.6bond shall make payment in full to the state of all sums of money due under such permit; 93.7and thereupon such surety shall be deemed immediately subrogated to all the rights of 93.8the state in the timber so paid for; and such subrogated party may pursue the timber and 93.9recover therefor, or have any other appropriate relief in relation thereto which the state 93.10might or could have had if such surety had not made such payment. No assignment or 93.11other writing on the part of the state shall be necessary to make such subrogation effective, 93.12but the certificate signed by and bearing the official seal of the commissioner, showing the 93.13amount of such timber, the lands from which it was cut or upon which it stood, and the 93.14amount paid therefor, shall be prima facie evidence of such facts. 93.15    Subd. 4. Change of security. Prior to any harvest new text begin cutting new text end activity, or activities 93.16incidental to the preparation for harvest, a purchaser having posted a bond new text begin security deposit new text end 93.17 for 100 percent of the purchase price of a sale may request the release of the bond new text begin security new text end 93.18 and the commissioner shall grant the release upon cash payment to the commissioner of 93.1915 percent of the appraised value of the sale, plus eight percent interest on the appraised 93.20value of the sale from the date of purchase to the date of release new text begin while retaining, or upon new text end 93.21 new text begin repayment of, the permit's down payment and bid guarantee deposit requirement new text end . 93.22     new text begin Subd. 5. new text end new text begin Return of security. new text end new text begin Any security required under this section shall be new text end 93.23 new text begin returned to the purchaser within 60 days after the final scale. new text end 93.24    Sec. 48. Minnesota Statutes 2012, section 90.162, is amended to read: 93.2590.162 ALTERNATIVE TO BOND OR DEPOSIT REQUIREMENTS 93.26 new text begin SECURING TIMBER PERMITS WITH CUTTING BLOCKS new text end . 93.27In lieu of the bond or cash new text begin security new text end deposit equal to the value of all timber covered 93.28by the permit required by section 90.161 or , a purchaser of state timber may elect 93.29in writing on a form prescribed by the attorney general to give good and valid surety to the 93.30state of Minnesota equal to the purchase price for any designated cutting block identified 93.31on the permit before the date the purchaser enters upon the land to begin harvesting the 93.32timber on the designated cutting block. 93.33    Sec. 49. new text begin [90.164] TIMBER PERMIT DEVELOPMENT OPTION. new text end 94.1 new text begin With the completion of the presale conference requirement under section 90.151, new text end 94.2 new text begin subdivision 6, a permit holder may access the permit area in advance of the permit being new text end 94.3 new text begin fully secured as required by section 90.161, for the express purpose of clearing approved new text end 94.4 new text begin landings and logging roads. No cutting of state timber except that incidental to the clearing new text end 94.5 new text begin of approved landings and logging roads is allowed under this section. new text end 94.6    Sec. 50. Minnesota Statutes 2012, section 90.171, is amended to read: 94.790.171 ASSIGNMENT OF AUCTION TIMBER PERMITS. 94.8Any permit sold at public auction may be assigned upon written approval of the 94.9commissioner. The assignment of any permit shall be signed and acknowledged by the 94.10permit holder. The commissioner shall not approve any assignment until the assignee has 94.11 new text begin been determined to meet the qualifications of a responsible bidder and has new text end given to the state 94.12a bond new text begin security deposit new text end which shall be substantially in the form of, and shall be deemed 94.13of the same effect as, the bond new text begin security deposit new text end required of the original purchaser. The 94.14commissioner may accept the new text begin an new text end agreement of the assignee and any corporate surety upon 94.15such new text begin an new text end original bond, substituting the assignee in the place of such new text begin the new text end original purchaser 94.16and continuing such new text begin the new text end original bond in full force and effect, as to the assignee. Thereupon 94.17but not otherwise the permit holder making the assignment shall be released from all 94.18liability arising or accruing from actions taken after the assignment became effective. 94.19    Sec. 51. Minnesota Statutes 2012, section 90.181, subdivision 2, is amended to read: 94.20    Subd. 2. Deferred payments. (a) If the amount of the statement is not paid within 94.2130 days of the date thereof, it shall bear interest at the rate determined pursuant to section 94.2216A.124 , except that the purchaser shall not be required to pay interest that totals $1 or 94.23less. If the amount is not paid within 60 days, the commissioner shall place the account in 94.24the hands of the commissioner of revenue according to chapter 16D, who shall proceed to 94.25collect the same. When deemed in the best interests of the state, the commissioner shall 94.26take possession of the timber for which an amount is due wherever it may be found and 94.27sell the same informally or at public auction after giving reasonable notice. 94.28(b) The proceeds of the sale shall be applied, first, to the payment of the expenses 94.29of seizure and sale; and, second, to the payment of the amount due for the timber, with 94.30interest; and the surplus, if any, shall belong to the state; and, in case a sufficient amount is 94.31not realized to pay these amounts in full, the balance shall be collected by the attorney 94.32general. Neither payment of the amount, nor the recovery of judgment therefor, nor 94.33satisfaction of the judgment, nor the seizure and sale of timber, shall release the sureties 94.34on any bond new text begin security deposit new text end given pursuant to this chapter, or preclude the state from 95.1afterwards claiming that the timber was cut or removed contrary to law and recovering 95.2damages for the trespass thereby committed, or from prosecuting the offender criminally. 95.3    Sec. 52. Minnesota Statutes 2012, section 90.191, subdivision 1, is amended to read: 95.4    Subdivision 1. Sale requirements. The commissioner may sell the timber on any 95.5tract of state land in lots not exceeding 500 cords in volume, without formalities but for 95.6not less than the full appraised value thereof, to any person. No sale shall be made under 95.7this section to any person holding two new text begin more than four new text end permits issued hereunder which are 95.8still in effect; new text begin . new text end except that (1) a partnership as defined in chapter 323, which may include 95.9spouses but which shall provide evidence that a partnership exists, may be holding two 95.10permits for each of not more than three partners who are actively engaged in the business 95.11of logging or who are the spouses of persons who are actively engaged in the business of 95.12logging with that partnership; and (2) a corporation, a majority of whose shares and voting 95.13power are owned by natural persons related to each other within the fourth degree of 95.14kindred according to the rules of the civil law or their spouses or estates, may be holding 95.15two permits for each of not more than three shareholders who are actively engaged in the 95.16business of logging or who are the spouses of persons who are actively engaged in the 95.17business of logging with that corporation. 95.18    Sec. 53. Minnesota Statutes 2012, section 90.193, is amended to read: 95.1990.193 EXTENSION OF TIMBER PERMITS. 95.20The commissioner may, in the case of an exceptional circumstance beyond the 95.21control of the timber permit holder which makes it unreasonable, impractical, and not 95.22feasible to complete cutting and removal under the permit within the time allowed, grant 95.23an new text begin one regular new text end extension of new text begin for new text end one year. A new text begin written new text end request for the new text begin regular new text end extension must 95.24be received by the commissioner before the permit expires. The request must state the 95.25reason the extension is necessary and be signed by the permit holder. An interest rate of 95.26eight percent may be charged for the period of extension. 95.27    Sec. 54. Minnesota Statutes 2012, section 90.195, is amended to read: 95.2890.195 SPECIAL USE new text begin AND PRODUCT new text end PERMIT. 95.29 new text begin (a) new text end The commissioner may issue a permit to salvage or cut not to exceed 12 cords of 95.30fuelwood per year for personal use from either or both of the following sources: (1) dead, 95.31down, and diseased new text begin damaged new text end trees; (2) other trees that are of negative value under good 95.32forest management practices. The permits may be issued for a period not to exceed one 95.33year. The commissioner shall charge a fee for the permit that shall cover the commissioner's 96.1cost of issuing the permit and new text begin as provided under section 90.041, subdivision 10. The fee new text end 96.2 shall not exceed the current market value of fuelwood of similar species, grade, and volume 96.3that is being sold in the area where the salvage or cutting is authorized under the permit. 96.4 new text begin (b) The commissioner may issue a special product permit under section 89.42 for new text end 96.5 new text begin commercial use, which may include incidental volumes of boughs, gravel, hay, biomass, new text end 96.6 new text begin and other products derived from forest management activities. The value of the products new text end 96.7 new text begin is the current market value of the products that are being sold in the area. The permit may new text end 96.8 new text begin be issued for a period not to exceed one year and the commissioner shall charge a fee for new text end 96.9 new text begin the permit as provided under section 90.041, subdivision 10. new text end 96.10 new text begin (c) The commissioner may issue a special use permit for incidental volumes of new text end 96.11 new text begin timber from approved right-of-way road clearing across state land for the purpose of new text end 96.12 new text begin accessing a state timber permit. The permit shall include the volume and value of timber new text end 96.13 new text begin to be cleared and may be issued for a period not to exceed one year. A presale conference new text end 96.14 new text begin as required under section 90.151, subdivision 6, must be completed before the start of new text end 96.15 new text begin any activities under the permit. new text end 96.16    Sec. 55. Minnesota Statutes 2012, section 90.201, subdivision 2a, is amended to read: 96.17    Subd. 2a. Prompt payment of refunds. Any refund of cash that is due to a permit 96.18holder as determined on a final statement transmitted pursuant to section 90.181 or a 96.19refund of cash made pursuant to section 90.161, subdivision 1, or 90.173, paragraph 96.20(a) , shall be paid to the permit holder according to section 16A.124 unless the refund is 96.21credited on another permit as provided in this chapter. 96.22    Sec. 56. Minnesota Statutes 2012, section 90.211, is amended to read: 96.2390.211 PURCHASE MONEY, WHEN FORFEITED. 96.24If the holder of an effective permit new text begin begins to cut and then new text end fails to cut new text begin complete new text end any 96.25part thereof new text begin of the permit new text end before the expiration of the permit, the permit holder shall 96.26nevertheless pay the price therefor; but under no circumstances shall timber be cut after 96.27the expiration of the permit or extension thereof. 96.28    Sec. 57. Minnesota Statutes 2012, section 90.221, is amended to read: 96.2990.221 TIMBER SALES RECORDS. 96.30The commissioner shall keep timber sales records, including the description of each 96.31tract of land from which any timber is sold; the date of the report of the state appraisers; 96.32the kind, amount, and value of the timber as shown by such report; the date of the sale; 96.33the price for which the timber was sold; the name of the purchaser; the number, date 97.1of issuance and date of expiration of each permit; the date of any assignment of the 97.2permit; the name of the assignee; the dates of the filing and the amounts of the respective 97.3bonds new text begin security deposits new text end by the purchaser and assignee; the names of the sureties thereon; 97.4the amount of timber taken from the land; the date of the report of the scaler and state 97.5appraiser; the names of the scaler and the state appraiser who scaled the timber; and the 97.6amount paid for such timber and the date of payment. 97.7    Sec. 58. Minnesota Statutes 2012, section 90.252, subdivision 1, is amended to read: 97.8    Subdivision 1. Consumer scaling. The commissioner may enter into an agreement 97.9with either a timber sale permittee, or the purchaser of the cut products, or both, so 97.10that the scaling of the cut timber and the collection of the payment for the same can be 97.11consummated by the consumer new text begin state new text end . Such an agreement shall be approved as to form and 97.12content by the attorney general and shall provide for a bond or cash in lieu of a bond and 97.13such other safeguards as are necessary to protect the interests of the state. The scaling 97.14and payment collection procedure may be used for any state timber sale, except that no 97.15permittee who is also the consumer shall both cut and scale the timber sold unless such 97.16scaling is supervised by a state scaler. 97.17    Sec. 59. Minnesota Statutes 2012, section 90.301, subdivision 2, is amended to read: 97.18    Subd. 2. Seizure of unlawfully cut timber. The commissioner may take possession 97.19of any timber hereafter unlawfully cut upon or taken from any land owned by the state 97.20wherever found and may sell the same informally or at public auction after giving such 97.21notice as the commissioner deems reasonable and after deducting all the expenses of such 97.22sale the proceeds thereof shall be paid into the state treasury to the credit of the proper 97.23fund; and when any timber so unlawfully cut has been intermingled with any other timber 97.24or property so that it cannot be identified or plainly separated therefrom the commissioner 97.25may so seize and sell the whole quantity so intermingled and, in such case, the whole 97.26quantity of such timber shall be conclusively presumed to have been unlawfully taken 97.27from state land. When the timber unlawfully cut or removed from state land is so seized 97.28and sold new text begin , new text end the seizure shall not in any manner relieve the trespasser who cut or removed, or 97.29caused the cutting or removal of, any such timber from the full liability imposed by this 97.30chapter for the trespass so committed, but the net amount realized from such sale shall 97.31be credited on whatever judgment is recovered against such trespasser new text begin , if the trespass new text end 97.32 new text begin was deemed to be casual and involuntary new text end . 97.33    Sec. 60. Minnesota Statutes 2012, section 90.301, subdivision 4, is amended to read: 98.1    Subd. 4. Apprehension of trespassers; reward. The commissioner may offer a 98.2reward to be paid to a person giving to the proper authorities any information that leads to 98.3the conviction of a person violating this chapter. The reward is limited to the greater of 98.4$100 or ten percent of the single stumpage value of any timber unlawfully cut or removed. 98.5The commissioner shall pay the reward from funds appropriated for that purpose or from 98.6receipts from the sale of state timber. A reward shall not be paid to salaried forest officers, 98.7 new text begin state appraisers, scalers, new text end conservation officers, or licensed peace officers. 98.8    Sec. 61. Minnesota Statutes 2012, section 90.41, subdivision 1, is amended to read: 98.9    Subdivision 1. Violations new text begin and penalty new text end . new text begin (a) new text end Any state scaler or state appraiser who 98.10shall accept any compensation or gratuity for services as such from any other source 98.11except the state of Minnesota, or any state scaler, or other person authorized to scale state 98.12timber, or state appraiser, who shall make any false report, or insert in any such report any 98.13false statement, or shall make any such report without having examined the land embraced 98.14therein or without having actually been upon the land, or omit from any such report any 98.15statement required by law to be made therein, or who shall fail to report any known trespass 98.16committed upon state lands, or who shall conspire with any other person in any manner, by 98.17act or omission or otherwise, to defraud or unlawfully deprive the state of Minnesota of any 98.18land or timber, or the value thereof, shall be guilty of a felony. Any material discrepancy 98.19between the facts and the scale returned by any such person scaling timber for the state 98.20shall be considered prima facie evidence that such person is guilty of violating this statute. 98.21 new text begin (b) new text end No such appraiser or scaler who has been once discharged for cause shall ever 98.22again be appointed. This provision shall not apply to resignations voluntarily made by and 98.23accepted from such employees. 98.24    Sec. 62. Minnesota Statutes 2012, section 93.46, is amended by adding a subdivision 98.25to read: 98.26     new text begin Subd. 10. new text end new text begin Scram mining. new text end new text begin "Scram mining" means a mining operation that produces new text end 98.27 new text begin natural iron ore, natural iron ore concentrates, or taconite ore as described in section 93.20, new text end 98.28 new text begin subdivisions 12 to 18, from previously developed stockpiles, tailing basins, underground new text end 98.29 new text begin mine workings, or open pits and that involves no more than 80 acres of land not previously new text end 98.30 new text begin affected by mining, or more than 80 acres of land not previously affected by mining new text end 98.31 new text begin if the operator can demonstrate that impacts would be substantially the same as other new text end 98.32 new text begin scram operations. "Land not previously affected by mining" means land upon which mine new text end 98.33 new text begin wastes have not been deposited and land from which materials have not been removed in new text end 98.34 new text begin connection with the production or extraction of metallic minerals. new text end 99.1    Sec. 63. Minnesota Statutes 2012, section 93.481, subdivision 3, is amended to read: 99.2    Subd. 3. Term of permit; amendment. new text begin (a) new text end A permit issued by the commissioner 99.3pursuant to this section shall be granted for the term determined necessary by the 99.4commissioner for the completion of the proposed mining operation, including reclamation 99.5or restoration. new text begin The term of a scram mining permit for iron ore or taconite shall be new text end 99.6 new text begin determined in the same manner as a permit to mine for an iron ore or taconite mining new text end 99.7 new text begin operation. new text end 99.8 new text begin (b) new text end A permit may be amended upon written application to the commissioner. A 99.9permit amendment application fee must be submitted with the written application. The 99.10permit amendment application fee is ten percent of the amount provided for in subdivision 99.111, clause (3), for an application for the applicable permit to mine. If the commissioner 99.12determines that the proposed amendment constitutes a substantial change to the permit, 99.13the person applying for the amendment shall publish notice in the same manner as for a 99.14new permit, and a hearing shall be held if written objections are received in the same 99.15manner as for a new permit. An amendment may be granted by the commissioner if the 99.16commissioner determines that lawful requirements have been met. 99.17    Sec. 64. new text begin [93.61] DRILL CORE LIBRARY ACCESS. new text end 99.18 new text begin Consistent with section 13.03, subdivision 3, a person shall not be required to pay a new text end 99.19 new text begin fee to access exploration data, exploration drill core data, mineral evaluation data, and new text end 99.20 new text begin mining data stored in the drill core library located in Hibbing, Minnesota, and managed new text end 99.21 new text begin by the commissioner of natural resources. The library shall be open during regular new text end 99.22 new text begin business hours. new text end 99.23    Sec. 65. Minnesota Statutes 2012, section 97A.401, subdivision 3, is amended to read: 99.24    Subd. 3. Taking, possessing, and transporting wild animals for certain 99.25purposes. (a) Except as provided in paragraph (b), special permits may be issued without 99.26a fee to take, possess, and transport wild animals as pets and for scientific, educational, 99.27rehabilitative, wildlife disease prevention and control, and exhibition purposes. The 99.28commissioner shall prescribe the conditions for taking, possessing, transporting, and 99.29disposing of the wild animals. 99.30(b) A special permit may not be issued to take or possess wild or native deer for 99.31exhibition, propagation, or as pets. 99.32 new text begin (c) Nonresident professional wildlife rehabilitators with a federal rehabilitation new text end 99.33 new text begin permit may possess and transport wildlife affected by oil spills. new text end 100.1    Sec. 66. new text begin [103G.217] DRIFTLESS AREA WATER RESOURCES. new text end 100.2 new text begin (a) Groundwater discharge from natural springs and seepage areas in the driftless new text end 100.3 new text begin area of Minnesota, corresponding to the area of the state contained within the boundaries new text end 100.4 new text begin of the Department of Natural Resources Paleozoic Plateau Ecological Section, is vital to new text end 100.5 new text begin sustaining the coldwater aquatic ecosystems in the region, as well as the recreational, new text end 100.6 new text begin commercial, agricultural, environmental, aesthetic, and economic well-being of the region. new text end 100.7 new text begin (b) Within the boundaries of the Department of Natural Resources Paleozoic Plateau new text end 100.8 new text begin Ecological Section, no excavation or mining of silica sand, including, but not limited to, new text end 100.9 new text begin digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or shafting, new text end 100.10 new text begin may occur within one mile of a designated trout stream as listed in Minnesota Rules unless new text end 100.11 new text begin a silica sand mining trout stream setback permit has been issued by the commissioner. new text end 100.12 new text begin (c) Before issuing a permit under this section, the commissioner shall: new text end 100.13 new text begin (1) require a project proposer to do a hydrogeological evaluation and collect any new text end 100.14 new text begin other information necessary to assess potential impacts to hydrogeological features, new text end 100.15 new text begin including private and public drinking water supply wells; and new text end 100.16 new text begin (2) identify appropriate setbacks from designated trout streams, springs, and other new text end 100.17 new text begin hydrogeologic features and any other restrictions necessary to protect trout stream water new text end 100.18 new text begin quantity, quality, and habitat. new text end 100.19 new text begin (d) The commissioner may assess the project proposer fees to cover the reasonable new text end 100.20 new text begin costs of duties performed under this section. new text end 100.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 100.22 new text begin and applies to new silica sand mining projects and projects for which environmental new text end 100.23 new text begin review documents have been noticed for public comments after April 30, 2013. new text end 100.24    Sec. 67. Minnesota Statutes 2012, section 103G.265, subdivision 2, is amended to read: 100.25    Subd. 2. Diversion greater than 2,000,000 gallons per day. A water use permit 100.26or a plan that requires a permit or the commissioner's approval, involving a diversion of 100.27waters of the state of more than 2,000,000 gallons per day average in a 30-day period, 100.28to a place outside of this state or from the basin of origin within this state may not be 100.29granted or approved until: 100.30(1) a determination is made by the commissioner that the water remaining in the 100.31basin of origin will be adequate to meet the basin's water resources needs during the 100.32specified life of the diversion project new text begin and, for groundwater, the diversion meets the new text end 100.33 new text begin applicable standards under section 103G.287, subdivision 5 new text end ; and 100.34(2) approval of the diversion is given by the legislature. 101.1    Sec. 68. Minnesota Statutes 2012, section 103G.265, subdivision 3, is amended to read: 101.2    Subd. 3. Consumptive use of more than 2,000,000 gallons per day. (a) Except 101.3as provided in paragraph (b), A water use permit or a plan that requires a permit or the 101.4commissioner's approval, involving a consumptive use of more than 2,000,000 gallons per 101.5day average in a 30-day period, may not be granted or approved until: 101.6(1) a determination is made by the commissioner that the water remaining in the 101.7basin of origin will be adequate to meet the basin's water resources needs during the 101.8specified life of the consumptive use new text begin and, for groundwater, the consumptive use meets the new text end 101.9 new text begin applicable standards under section 103G.287, subdivision 5 new text end ; and 101.10(2) approval of the consumptive use is given by the legislature. 101.11(b) Legislative approval under paragraph (a), clause (2), is not required for a 101.12consumptive use in excess of 2,000,000 gallons per day average in a 30-day period for: 101.13(1) a domestic water supply, excluding industrial and commercial uses of a 101.14municipal water supply; 101.15(2) agricultural irrigation and processing of agricultural products; 101.16(3) construction and mine land dewatering; 101.17(4) pollution abatement or remediation; and 101.18(5) fish and wildlife enhancement projects using surface water sources. 101.19    Sec. 69. Minnesota Statutes 2012, section 103G.271, subdivision 1, is amended to read: 101.20    Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state, 101.21a person, partnership, or association, private or public corporation, county, municipality, 101.22or other political subdivision of the state may not appropriate or use waters of the state 101.23without a water use permit from the commissioner. 101.24(b) This section does not apply to use for a water supply by less than 25 persons 101.25for domestic purposes new text begin , except as required by the commissioner under section 103G.287, new text end 101.26 new text begin subdivision 4, paragraph (b) new text end . 101.27(c) The commissioner may issue a state general permit for appropriation of water to a 101.28governmental subdivision or to the general public. The general permit may authorize more 101.29than one project and the appropriation or use of more than one source of water. Water use 101.30permit processing fees and reports required under subdivision 6 and section 103G.281, 101.31subdivision 3 , are required for each project or water source that is included under a general 101.32permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually. 101.33    Sec. 70. Minnesota Statutes 2012, section 103G.271, subdivision 4, is amended to read: 102.1    Subd. 4. Minimum use exemption and local approval of low use permits. (a) 102.2Except for local permits under section 103B.211, subdivision 4, a water use permit is not 102.3required for the appropriation and use of less than a minimum amount prescribed by the 102.4commissioner by rule new text begin 10,000 gallons per day and totaling no more than 1,000,000 gallons new text end 102.5 new text begin per year, except as required by the commissioner under section 103G.287, subdivision 4, new text end 102.6 new text begin paragraph (b) new text end . 102.7(b) Water use permits for more than the minimum amount but less than an 102.8intermediate amount prescribed by rule must be processed and approved at the municipal, 102.9county, or regional level based on rules adopted by the commissioner. 102.10(c) The rules must include provisions for reporting to the commissioner the amounts 102.11of water appropriated under local permits. 102.12    Sec. 71. Minnesota Statutes 2012, section 103G.287, subdivision 1, is amended to read: 102.13    Subdivision 1. Applications for groundwater appropriations new text begin ; preliminary well new text end 102.14 new text begin construction approval new text end . (a) Groundwater use permit applications are not complete until 102.15the applicant has supplied: 102.16(1) a water well record as required by section 103I.205, subdivision 9, information 102.17on the subsurface geologic formations penetrated by the well and the formation or aquifer 102.18that will serve as the water source, and geologic information from test holes drilled to 102.19locate the site of the production well; 102.20(2) the maximum daily, seasonal, and annual pumpage rates and volumes being 102.21requested; 102.22(3) information on groundwater quality in terms of the measures of quality 102.23commonly specified for the proposed water use and details on water treatment necessary 102.24for the proposed use; 102.25(4) an inventory of existing wells within 1-1/2 miles of the proposed production well 102.26or within the area of influence, as determined by the commissioner. The inventory must 102.27include information on well locations, depths, geologic formations, depth of the pump or 102.28intake, pumping and nonpumping water levels, and details of well construction; and 102.29(5) the results of an aquifer test completed according to specifications approved by 102.30the commissioner. The test must be conducted at the maximum pumping rate requested 102.31in the application and for a length of time adequate to assess or predict impacts to other 102.32wells and surface water and groundwater resources. The permit applicant is responsible 102.33for all costs related to the aquifer test, including the construction of groundwater and 102.34surface water monitoring installations, and water level readings before, during, and after 102.35the aquifer test new text begin ; and new text end 103.1 new text begin (6) the results of any assessments conducted by the commissioner under paragraph (c) new text end . 103.2(b) The commissioner may waive an application requirement in this subdivision 103.3if the information provided with the application is adequate to determine whether the 103.4proposed appropriation and use of water is sustainable and will protect ecosystems, water 103.5quality, and the ability of future generations to meet their own needs. 103.6 new text begin (c) The commissioner shall provide an assessment of a proposed well needing a new text end 103.7 new text begin groundwater appropriation permit. The commissioner shall evaluate the information new text end 103.8 new text begin submitted as required under section 103I.205, subdivision 1, paragraph (f), and determine new text end 103.9 new text begin whether the anticipated appropriation request is likely to meet the applicable requirements new text end 103.10 new text begin of this chapter. If the appropriation request is likely to meet applicable requirements, the new text end 103.11 new text begin commissioner shall provide the person submitting the information with a letter providing new text end 103.12 new text begin preliminary approval to construct the well. new text end 103.13    Sec. 72. Minnesota Statutes 2012, section 103G.287, subdivision 4, is amended to read: 103.14    Subd. 4. Groundwater management areas. new text begin (a) new text end The commissioner may designate 103.15groundwater management areas and limit total annual water appropriations and uses within 103.16a designated area to ensure sustainable use of groundwater that protects ecosystems, water 103.17quality, and the ability of future generations to meet their own needs. Water appropriations 103.18and uses within a designated management area must be consistent with a plan approved by 103.19the commissioner that addresses water conservation requirements and water allocation 103.20priorities established in section 103G.261. 103.21 new text begin (b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota new text end 103.22 new text begin Rules, within designated groundwater management areas, the commissioner may require new text end 103.23 new text begin general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water new text end 103.24 new text begin users using less than 10,000 gallons per day or 1,000,000 gallons per year and water new text end 103.25 new text begin suppliers serving less than 25 persons for domestic purposes. The commissioner may new text end 103.26 new text begin waive the requirements under section 103G.281 for general permits issued under this new text end 103.27 new text begin paragraph, and the fee specified in section 103G.301, subdivision 2, paragraph (c), does new text end 103.28 new text begin not apply to general permits issued under this paragraph. new text end 103.29    Sec. 73. Minnesota Statutes 2012, section 103G.287, subdivision 5, is amended to read: 103.30    Subd. 5. Interference with other wells new text begin Sustainability standard new text end . The 103.31commissioner may issue water use permits for appropriation from groundwater only if 103.32the commissioner determines that the groundwater use is sustainable to supply the needs 103.33of future generations and the proposed use will not harm ecosystems, degrade water, or 104.1reduce water levels beyond the reach of public water supply and private domestic wells 104.2constructed according to Minnesota Rules, chapter 4725. 104.3    Sec. 74. Minnesota Statutes 2012, section 103I.205, subdivision 1, is amended to read: 104.4    Subdivision 1. Notification required. (a) Except as provided in paragraphs (d) 104.5and (e), a person may not construct a well until a notification of the proposed well on a 104.6form prescribed by the commissioner is filed with the commissioner with the filing fee in 104.7section 103I.208 new text begin , and, when applicable, the person has met the requirements of paragraph new text end 104.8 new text begin (f) new text end . If after filing the well notification an attempt to construct a well is unsuccessful, a 104.9new notification is not required unless the information relating to the successful well 104.10has substantially changed. 104.11(b) The property owner, the property owner's agent, or the well contractor where a 104.12well is to be located must file the well notification with the commissioner. 104.13(c) The well notification under this subdivision preempts local permits and 104.14notifications, and counties or home rule charter or statutory cities may not require a 104.15permit or notification for wells unless the commissioner has delegated the permitting or 104.16notification authority under section 103I.111. 104.17(d) A person who is an individual that constructs a drive point well on property 104.18owned or leased by the individual for farming or agricultural purposes or as the individual's 104.19place of abode must notify the commissioner of the installation and location of the well. 104.20The person must complete the notification form prescribed by the commissioner and mail 104.21it to the commissioner by ten days after the well is completed. A fee may not be charged 104.22for the notification. A person who sells drive point wells at retail must provide buyers 104.23with notification forms and informational materials including requirements regarding 104.24wells, their location, construction, and disclosure. The commissioner must provide the 104.25notification forms and informational materials to the sellers. 104.26(e) A person may not construct a monitoring well until a permit is issued by the 104.27commissioner for the construction. If after obtaining a permit an attempt to construct a 104.28well is unsuccessful, a new permit is not required as long as the initial permit is modified 104.29to indicate the location of the successful well. 104.30 new text begin (f) When the operation of a well will require an appropriation permit from the new text end 104.31 new text begin commissioner of natural resources, a person may not begin construction of the well until new text end 104.32 new text begin the person submits the following information to the commissioner of natural resources: new text end 104.33 new text begin (1) the location of the well; new text end 104.34 new text begin (2) the formation or aquifer that will serve as the water source; new text end 105.1 new text begin (3) the maximum daily, seasonal, and annual pumpage rates and volumes that will new text end 105.2 new text begin be requested in the appropriation permit; and new text end 105.3 new text begin (4) other information requested by the commissioner of natural resources that new text end 105.4 new text begin is necessary to conduct the preliminary assessment required under section 103G.287, new text end 105.5 new text begin subdivision 1, paragraph (c). new text end 105.6 new text begin The person may begin construction after receiving preliminary approval from the new text end 105.7 new text begin commissioner of natural resources. new text end 105.8    Sec. 75. Minnesota Statutes 2012, section 114D.50, subdivision 4, is amended to read: 105.9    Subd. 4. Expenditures; accountability. (a) A project receiving funding from the 105.10clean water fund must meet or exceed the constitutional requirements to protect, enhance, 105.11and restore water quality in lakes, rivers, and streams and to protect groundwater and 105.12drinking water from degradation. Priority may be given to projects that meet more than 105.13one of these requirements. A project receiving funding from the clean water fund shall 105.14include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for 105.15measuring and evaluating the results. A project must be consistent with current science 105.16and incorporate state-of-the-art technology. 105.17(b) Money from the clean water fund shall be expended to balance the benefits 105.18across all regions and residents of the state. 105.19(c) A state agency or other recipient of a direct appropriation from the clean 105.20water fund must compile and submit all information for proposed and funded projects 105.21or programs, including the proposed measurable outcomes and all other items required 105.22under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon 105.23as practicable or by January 15 of the applicable fiscal year, whichever comes first. The 105.24Legislative Coordinating Commission must post submitted information on the Web site 105.25required under section 3.303, subdivision 10, as soon as it becomes available. Information 105.26classified as not public under section 13D.05, subdivision 3, paragraph (d), is not required 105.27to be placed on the Web site. 105.28(d) Grants funded by the clean water fund must be implemented according to section 105.2916B.98 and must account for all expenditures. Proposals must specify a process for any 105.30regranting envisioned. Priority for grant proposals must be given to proposals involving 105.31grants that will be competitively awarded. 105.32(e) Money from the clean water fund may only be spent on projects that benefit 105.33Minnesota waters. 105.34(f) When practicable, a direct recipient of an appropriation from the clean water fund 105.35shall prominently display on the recipient's Web site home page the legacy logo required 106.1under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 106.2361, article 3, section 5, accompanied by the phrase "Click here for more information." 106.3When a person clicks on the legacy logo image, the Web site must direct the person to 106.4a Web page that includes both the contact information that a person may use to obtain 106.5additional information, as well as a link to the Legislative Coordinating Commission Web 106.6site required under section 3.303, subdivision 10. 106.7(g) Future eligibility for money from the clean water fund is contingent upon a state 106.8agency or other recipient satisfying all applicable requirements in this section, as well as 106.9any additional requirements contained in applicable session law. 106.10 new text begin (h) Money from the clean water fund may be used to leverage federal funds through new text end 106.11 new text begin execution of formal project partnership agreements with federal agencies consistent with new text end 106.12 new text begin respective federal agency partnership agreement requirements. new text end 106.13    Sec. 76. new text begin [115.84] WASTEWATER LABORATORY CERTIFICATION. new text end 106.14     new text begin Subdivision 1. new text end new text begin Wastewater laboratory certification required. new text end new text begin (a) Laboratories new text end 106.15 new text begin performing wastewater or water analytical laboratory work, the results of which are new text end 106.16 new text begin reported to the agency to determine compliance with a national pollutant discharge new text end 106.17 new text begin elimination system (NPDES) or state disposal system (SDS) permit condition or other new text end 106.18 new text begin regulatory document, must be certified according to this section. new text end 106.19 new text begin (b) This section does not apply to: new text end 106.20 new text begin (1) laboratories that are private and for-profit; new text end 106.21 new text begin (2) laboratories that perform drinking water analyses; or new text end 106.22 new text begin (3) laboratories that perform remediation program analyses, such as Superfund or new text end 106.23 new text begin petroleum analytical work. new text end 106.24 new text begin (c) Until adoption of rules under subdivision 2, laboratories required to be certified new text end 106.25 new text begin under this section that submit data to the agency must: (1) register with the agency by new text end 106.26 new text begin submitting registration information required by the agency; or (2) be certified or accredited new text end 106.27 new text begin by a recognized authority, such as the commissioner of health under sections 144.97 to new text end 106.28 new text begin 144.99, for the analytical methods required by the agency. new text end 106.29     new text begin Subd. 2. new text end new text begin Rules. new text end new text begin The agency may adopt rules to govern certification of laboratories new text end 106.30 new text begin according to this section. Notwithstanding section 16A.1283, the agency may adopt new text end 106.31 new text begin rules establishing fees. new text end 106.32     new text begin Subd. 3. new text end new text begin Fees. new text end new text begin (a) Until the agency adopts a rule establishing fees for certification, new text end 106.33 new text begin the agency shall collect fees from laboratories registering with the agency, but not new text end 106.34 new text begin accredited by the commissioner of health under sections 144.97 to 144.99, in amounts new text end 107.1 new text begin necessary to cover the reasonable costs of the certification program, including reviewing new text end 107.2 new text begin applications, issuing certifications, and conducting audits and compliance assistance. new text end 107.3 new text begin (b) Fees under this section must be based on the number, type, and complexity of new text end 107.4 new text begin analytical methods that laboratories are certified to perform. new text end 107.5 new text begin (c) Revenue from fees charged by the agency for certification shall be credited to new text end 107.6 new text begin the environmental fund. new text end 107.7     new text begin Subd. 4. new text end new text begin Enforcement. new text end new text begin (a) The commissioner may deny, suspend, or revoke new text end 107.8 new text begin wastewater laboratory certification for, but is not limited to, any of the following reasons: new text end 107.9 new text begin fraud, failure to follow applicable requirements, failure to respond to documented new text end 107.10 new text begin deficiencies or complete corrective actions necessary to address deficiencies, failure to pay new text end 107.11 new text begin certification fees, or other violations of federal or state law. new text end 107.12 new text begin (b) This section and the rules adopted under it may be enforced by any means new text end 107.13 new text begin provided in section 115.071. new text end 107.14    Sec. 77. Minnesota Statutes 2012, section 115A.1320, subdivision 1, is amended to read: 107.15    Subdivision 1. Duties of the agency. (a) The agency shall administer sections 107.16115A.1310 to 115A.1330. 107.17    (b) The agency shall establish procedures for: 107.18    (1) receipt and maintenance of the registration statements and certifications filed 107.19with the agency under section 115A.1312; and 107.20    (2) making the statements and certifications easily available to manufacturers, 107.21retailers, and members of the public. 107.22    (c) The agency shall annually review the value of the following variables that are 107.23part of the formula used to calculate a manufacturer's annual registration fee under section 107.24115A.1314, subdivision 1 : 107.25    (1) the proportion of sales of video display devices sold to households that 107.26manufacturers are required to recycle; 107.27    (2) the estimated per-pound price of recycling covered electronic devices sold to 107.28households; 107.29    (3) the base registration fee; and 107.30    (4) the multiplier established for the weight of covered electronic devices collected 107.31in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of 107.32these values must be changed in order to improve the efficiency or effectiveness of the 107.33activities regulated under sections 115A.1312 to 115A.1330, the agency shall submit 107.34recommended changes and the reasons for them to the chairs of the senate and house of 107.35representatives committees with jurisdiction over solid waste policy. 108.1    (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated 108.2sales of video display devices sold to households by each manufacturer during the preceding 108.3program year, based on national sales data, and forward the estimates to the department. 108.4    (e) The agency shall provide a report to the governor and the legislature on the 108.5implementation of sections 115A.1310 to 115A.1330. For each program year, the report 108.6must discuss the total weight of covered electronic devices recycled and a summary 108.7of information in the reports submitted by manufacturers and recyclers under section 108.8115A.1316 . The report must also discuss the various collection programs used by 108.9manufacturers to collect covered electronic devices; information regarding covered 108.10electronic devices that are being collected by persons other than registered manufacturers, 108.11collectors, and recyclers; and information about covered electronic devices, if any, being 108.12disposed of in landfills in this state. The report must include a description of enforcement 108.13actions under sections 115A.1310 to 115A.1330. The agency may include in its report 108.14other information received by the agency regarding the implementation of sections 108.15115A.1312 to 115A.1330. The report must be done in conjunction with the report required 108.16under section new text begin 115A.121 new text end . 108.17    (f) The agency shall promote public participation in the activities regulated under 108.18sections 115A.1312 to 115A.1330 through public education and outreach efforts. 108.19    (g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner 108.20provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those 108.21provisions enforced by the department, as provided in subdivision 2. The agency may 108.22revoke a registration of a collector or recycler found to have violated sections 115A.1310 108.23to 115A.1330. 108.24    (h) The agency shall facilitate communication between counties, collection and 108.25recycling centers, and manufacturers to ensure that manufacturers are aware of video 108.26display devices available for recycling. 108.27    (i) The agency shall develop a form retailers must use to report information to 108.28manufacturers under section 115A.1318 and post it on the agency's Web site. 108.29    (j) The agency shall post on its Web site the contact information provided by each 108.30manufacturer under section 115A.1318, paragraph (e). 108.31    Sec. 78. new text begin [115A.1415] ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP new text end 108.32 new text begin PROGRAM; STEWARDSHIP PLAN. new text end 108.33     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have new text end 108.34 new text begin the meanings given: new text end 109.1 new text begin (1) "architectural paint" means interior and exterior architectural coatings sold in new text end 109.2 new text begin containers of five gallons or less. Architectural paint does not include industrial coatings, new text end 109.3 new text begin original equipment coatings, or specialty coatings; new text end 109.4 new text begin (2) "brand" means a name, symbol, word, or mark that identifies architectural paint, new text end 109.5 new text begin rather than its components, and attributes the paint to the owner or licensee of the brand as new text end 109.6 new text begin the producer; new text end 109.7 new text begin (3) "discarded paint" means architectural paint that is no longer used for its new text end 109.8 new text begin manufactured purpose; new text end 109.9 new text begin (4) "producer" means a person that: new text end 109.10 new text begin (i) has legal ownership of the brand, brand name, or cobrand of architectural paint new text end 109.11 new text begin sold in the state; new text end 109.12 new text begin (ii) imports architectural paint branded by a producer that meets subclause (i) when new text end 109.13 new text begin the producer has no physical presence in the United States; new text end 109.14 new text begin (iii) if subclauses (i) and (ii) do not apply, makes unbranded architectural paint new text end 109.15 new text begin that is sold in the state; or new text end 109.16 new text begin (iv) sells architectural paint at wholesale or retail, does not have legal ownership of new text end 109.17 new text begin the brand, and elects to fulfill the responsibilities of the producer for the architectural paint new text end 109.18 new text begin by certifying that election in writing to the commissioner; new text end 109.19 new text begin (5) "recycling" means the process of collecting and preparing recyclable materials and new text end 109.20 new text begin reusing the materials in their original form or using them in manufacturing processes that new text end 109.21 new text begin do not cause the destruction of recyclable materials in a manner that precludes further use; new text end 109.22 new text begin (6) "retailer" means any person who offers architectural paint for sale at retail in new text end 109.23 new text begin the state; new text end 109.24 new text begin (7) "reuse" means donating or selling collected architectural paint back into the new text end 109.25 new text begin market for its original intended use, when the architectural paint retains its original new text end 109.26 new text begin purpose and performance characteristics; new text end 109.27 new text begin (8) "sale" or "sell" means transfer of title of architectural paint for consideration, new text end 109.28 new text begin including a remote sale conducted through a sales outlet, catalog, Web site, or similar new text end 109.29 new text begin electronic means. Sale or sell includes a lease through which architectural paint is new text end 109.30 new text begin provided to a consumer by a producer, wholesaler, or retailer; new text end 109.31 new text begin (9) "stewardship assessment" means the amount added to the purchase price of new text end 109.32 new text begin architectural paint sold in the state that is necessary to cover the cost of collecting, new text end 109.33 new text begin transporting, and processing postconsumer architectural paint by the producer or new text end 109.34 new text begin stewardship organization pursuant to a product stewardship program; new text end 110.1 new text begin (10) "stewardship organization" means an organization appointed by one or more new text end 110.2 new text begin producers to act as an agent on behalf of the producer to design, submit, and administer a new text end 110.3 new text begin product stewardship program under this section; and new text end 110.4 new text begin (11) "stewardship plan" means a detailed plan describing the manner in which a new text end 110.5 new text begin product stewardship program under subdivision 2 will be implemented. new text end 110.6     new text begin Subd. 2. new text end new text begin Product stewardship program. new text end new text begin For architectural paint sold in the state, new text end 110.7 new text begin producers must, individually or through a stewardship organization, implement and new text end 110.8 new text begin finance a statewide product stewardship program that manages the architectural paint by new text end 110.9 new text begin reducing the paint's waste generation, promoting its reuse and recycling, and providing for new text end 110.10 new text begin negotiation and execution of agreements to collect, transport, and process the architectural new text end 110.11 new text begin paint for end-of-life recycling and reuse. new text end 110.12     new text begin Subd. 3. new text end new text begin Requirement for sale. new text end new text begin (a) On and after July 1, 2014, or three months after new text end 110.13 new text begin program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell new text end 110.14 new text begin or offer for sale in the state architectural paint unless the paint's producer participates in an new text end 110.15 new text begin approved stewardship plan, either individually or through a stewardship organization. new text end 110.16 new text begin (b) Each producer must operate a product stewardship program approved by the new text end 110.17 new text begin agency or enter into an agreement with a stewardship organization to operate, on the new text end 110.18 new text begin producer's behalf, a product stewardship program approved by the agency. new text end 110.19     new text begin Subd. 4. new text end new text begin Requirement to submit plan. new text end new text begin (a) On or before March 1, 2014, and before new text end 110.20 new text begin offering architectural paint for sale in the state, a producer must submit a stewardship new text end 110.21 new text begin plan to the agency and receive approval of the plan or must submit documentation to the new text end 110.22 new text begin agency that demonstrates the producer has entered into an agreement with a stewardship new text end 110.23 new text begin organization to be an active participant in an approved product stewardship program as new text end 110.24 new text begin described in subdivision 2. A stewardship plan must include all elements required under new text end 110.25 new text begin subdivision 5. new text end 110.26 new text begin (b) An amendment to the plan, if determined necessary by the commissioner, must new text end 110.27 new text begin be submitted every five years. new text end 110.28 new text begin (c) It is the responsibility of the entities responsible for each stewardship plan to new text end 110.29 new text begin notify the agency within 30 days of any significant changes or modifications to the plan or new text end 110.30 new text begin its implementation. Within 30 days of the notification, a written plan revision must be new text end 110.31 new text begin submitted to the agency for review and approval. new text end 110.32     new text begin Subd. 5. new text end new text begin Stewardship plan content. new text end new text begin A stewardship plan must contain: new text end 110.33 new text begin (1) certification that the product stewardship program will accept all discarded new text end 110.34 new text begin paint regardless of which producer produced the architectural paint and its individual new text end 110.35 new text begin components; new text end 111.1 new text begin (2) contact information for the individual and the entity submitting the plan, a list of new text end 111.2 new text begin all producers participating in the product stewardship program, and the brands covered by new text end 111.3 new text begin the product stewardship program; new text end 111.4 new text begin (3) a description of the methods by which the discarded paint will be collected in all new text end 111.5 new text begin areas in the state without relying on end-of-life fees, including an explanation of how the new text end 111.6 new text begin collection system will be convenient and adequate to serve the needs of small businesses new text end 111.7 new text begin and residents in both urban and rural areas on an ongoing basis and a discussion of how new text end 111.8 new text begin the existing household hazardous waste infrastructure will be considered when selecting new text end 111.9 new text begin collection sites; new text end 111.10 new text begin (4) a description of how the adequacy of the collection program will be monitored new text end 111.11 new text begin and maintained; new text end 111.12 new text begin (5) the names and locations of collectors, transporters, and recyclers that will new text end 111.13 new text begin manage discarded paint; new text end 111.14 new text begin (6) a description of how the discarded paint and the paint's components will be new text end 111.15 new text begin safely and securely transported, tracked, and handled from collection through final new text end 111.16 new text begin recycling and processing; new text end 111.17 new text begin (7) a description of the method that will be used to reuse, deconstruct, or recycle new text end 111.18 new text begin the discarded paint to ensure that the paint's components, to the extent feasible, are new text end 111.19 new text begin transformed or remanufactured into finished products for use; new text end 111.20 new text begin (8) a description of the promotion and outreach activities that will be used to new text end 111.21 new text begin encourage participation in the collection and recycling programs and how the activities' new text end 111.22 new text begin effectiveness will be evaluated and the program modified, if necessary; new text end 111.23 new text begin (9) the proposed stewardship assessment. The producer or stewardship organization new text end 111.24 new text begin shall propose a uniform stewardship assessment for any architectural paint sold in the new text end 111.25 new text begin state. The proposed stewardship assessment shall be reviewed by an independent auditor new text end 111.26 new text begin to ensure that the assessment does not exceed the costs of the product stewardship program new text end 111.27 new text begin and the independent auditor shall recommend an amount for the stewardship assessment. new text end 111.28 new text begin The agency must approve the stewardship assessment; new text end 111.29 new text begin (10) evidence of adequate insurance and financial assurance that may be required for new text end 111.30 new text begin collection, handling, and disposal operations; new text end 111.31 new text begin (11) five-year performance goals, including an estimate of the percentage of new text end 111.32 new text begin discarded paint that will be collected, reused, and recycled during each of the first five new text end 111.33 new text begin years of the stewardship plan. The performance goals must include a specific goal for the new text end 111.34 new text begin amount of discarded paint that will be collected and recycled and reused during each year new text end 111.35 new text begin of the plan. The performance goals must be based on: new text end 111.36 new text begin (i) the most recent collection data available for the state; new text end 112.1 new text begin (ii) the estimated amount of architectural paint disposed of annually; new text end 112.2 new text begin (iii) the weight of the architectural paint that is expected to be available for collection new text end 112.3 new text begin annually; and new text end 112.4 new text begin (iv) actual collection data from other existing stewardship programs. new text end 112.5 new text begin The stewardship plan must state the methodology used to determine these goals; and new text end 112.6 new text begin (12) a discussion of the status of end markets for collected architectural paint and new text end 112.7 new text begin what, if any, additional end markets are needed to improve the functioning of the program. new text end 112.8     new text begin Subd. 6. new text end new text begin Consultation required. new text end new text begin Each stewardship organization or individual new text end 112.9 new text begin producer submitting a stewardship plan must consult with stakeholders including new text end 112.10 new text begin retailers, contractors, collectors, recyclers, local government, and customers during the new text end 112.11 new text begin development of the plan. new text end 112.12     new text begin Subd. 7. new text end new text begin Agency review and approval. new text end new text begin (a) Within 90 days after receipt of a proposed new text end 112.13 new text begin stewardship plan, the agency shall determine whether the plan complies with subdivision new text end 112.14 new text begin 4. If the agency approves a plan, the agency shall notify the applicant of the plan approval new text end 112.15 new text begin in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of new text end 112.16 new text begin the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must new text end 112.17 new text begin submit a revised plan to the agency within 60 days after receiving notice of rejection. new text end 112.18 new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency new text end 112.19 new text begin in writing. new text end 112.20     new text begin Subd. 8. new text end new text begin Plan availability. new text end new text begin All draft and approved stewardship plans shall be new text end 112.21 new text begin placed on the agency's Web site for at least 30 days and made available at the agency's new text end 112.22 new text begin headquarters for public review and comment. new text end 112.23     new text begin Subd. 9. new text end new text begin Conduct authorized. new text end new text begin A producer or stewardship organization that new text end 112.24 new text begin organizes collection, transport, and processing of architectural paint under this section new text end 112.25 new text begin is immune from liability for the conduct under state laws relating to antitrust, restraint new text end 112.26 new text begin of trade, unfair trade practices, and other regulation of trade or commerce only to the new text end 112.27 new text begin extent that the conduct is necessary to plan and implement the producer's or organization's new text end 112.28 new text begin chosen organized collection or recycling system. new text end 112.29     new text begin Subd. 10. new text end new text begin Responsibility of producers. new text end new text begin (a) On and after the date of implementation new text end 112.30 new text begin of a product stewardship program according to this section, a producer of architectural new text end 112.31 new text begin paint must add the stewardship assessment, as established under subdivision 5, clause (9), new text end 112.32 new text begin to the cost of architectural paint sold to retailers and distributors in the state by the producer. new text end 112.33 new text begin (b) Producers of architectural paint or the stewardship organization shall provide new text end 112.34 new text begin consumers with educational materials regarding the stewardship assessment and product new text end 112.35 new text begin stewardship program. The materials must include, but are not limited to, information new text end 112.36 new text begin regarding available end-of-life management options for architectural paint offered through new text end 113.1 new text begin the product stewardship program and information that notifies consumers that a charge new text end 113.2 new text begin for the operation of the product stewardship program is included in the purchase price of new text end 113.3 new text begin architectural paint sold in the state. new text end 113.4     new text begin Subd. 11. new text end new text begin Responsibility of retailers. new text end new text begin (a) On and after July 1, 2014, or three months new text end 113.5 new text begin after program plan approval, whichever is sooner, no architectural paint may be sold in the new text end 113.6 new text begin state unless the paint's producer is participating in an approved stewardship plan. new text end 113.7 new text begin (b) On and after the implementation date of a product stewardship program according new text end 113.8 new text begin to this section, each retailer or distributor, as applicable, must ensure that the full amount new text end 113.9 new text begin of the stewardship assessment added to the cost of architectural paint by producers under new text end 113.10 new text begin subdivision 10 is included in the purchase price of all architectural paint sold in the state. new text end 113.11 new text begin (c) Any retailer may participate, on a voluntary basis, as a designated collection new text end 113.12 new text begin point pursuant to a product stewardship program under this section and in accordance new text end 113.13 new text begin with applicable law. new text end 113.14 new text begin (d) No retailer or distributor shall be found to be in violation of this subdivision if, new text end 113.15 new text begin on the date the architectural paint was ordered from the producer or its agent, the producer new text end 113.16 new text begin was listed as compliant on the agency's Web site according to subdivision 14. new text end 113.17     new text begin Subd. 12. new text end new text begin Stewardship reports. new text end new text begin Beginning October 1, 2015, producers of new text end 113.18 new text begin architectural paint sold in the state must individually or through a stewardship organization new text end 113.19 new text begin submit an annual report to the agency describing the product stewardship program. At a new text end 113.20 new text begin minimum, the report must contain: new text end 113.21 new text begin (1) a description of the methods used to collect, transport, and process architectural new text end 113.22 new text begin paint in all regions of the state; new text end 113.23 new text begin (2) the weight of all architectural paint collected in all regions of the state and a new text end 113.24 new text begin comparison to the performance goals and recycling rates established in the stewardship new text end 113.25 new text begin plan; new text end 113.26 new text begin (3) the amount of unwanted architectural paint collected in the state by method of new text end 113.27 new text begin disposition, including reuse, recycling, and other methods of processing; new text end 113.28 new text begin (4) samples of educational materials provided to consumers and an evaluation of the new text end 113.29 new text begin effectiveness of the materials and the methods used to disseminate the materials; and new text end 113.30 new text begin (5) an independent financial audit. new text end 113.31     new text begin Subd. 13. new text end new text begin Data classification. new text end new text begin Trade secret and sales information, as defined under new text end 113.32 new text begin section 13.37, submitted to the agency under this section are private or nonpublic data new text end 113.33 new text begin under section 13.37. new text end 113.34     new text begin Subd. 14. new text end new text begin Agency responsibilities. new text end new text begin The agency shall provide, on its Web site, a new text end 113.35 new text begin list of all compliant producers and brands participating in stewardship plans that the new text end 114.1 new text begin agency has approved and a list of all producers and brands the agency has identified as new text end 114.2 new text begin noncompliant with this section. new text end 114.3     new text begin Subd. 15. new text end new text begin Local government responsibilities. new text end new text begin (a) A city, county, or other public new text end 114.4 new text begin agency may choose to participate voluntarily in a product stewardship program. new text end 114.5 new text begin (b) Cities, counties, and other public agencies are encouraged to work with producers new text end 114.6 new text begin and stewardship organizations to assist in meeting product stewardship program reuse and new text end 114.7 new text begin recycling obligations, by providing education and outreach or using other strategies. new text end 114.8 new text begin (c) A city, county, or other public agency that participates in a product stewardship new text end 114.9 new text begin program must report for the first year of the program to the agency using the reporting new text end 114.10 new text begin form provided by the agency on the cost savings as a result of participation and describe new text end 114.11 new text begin how the savings were used. new text end 114.12     new text begin Subd. 16. new text end new text begin Administrative fee. new text end new text begin (a) The stewardship organization or individual new text end 114.13 new text begin producer submitting a stewardship plan shall pay an annual administrative fee to the new text end 114.14 new text begin commissioner. The agency may establish a variable fee based on relevant factors, new text end 114.15 new text begin including, but not limited to, the portion of architectural paint sold in the state by members new text end 114.16 new text begin of the organization compared to the total amount of architectural paint sold in the state by new text end 114.17 new text begin all organizations submitting a stewardship plan. new text end 114.18     new text begin (b) Prior to July 1, 2014, and before July 1 annually thereafter, the agency shall new text end 114.19 new text begin identify the costs it incurs under this section. The agency shall set the fee at an amount new text end 114.20 new text begin that, when paid by every stewardship organization or individual producer that submits a new text end 114.21 new text begin stewardship plan, is adequate to reimburse the agency's full costs of administering this new text end 114.22 new text begin section. The total amount of annual fees collected under this subdivision must not exceed new text end 114.23 new text begin the amount necessary to reimburse costs incurred by the agency to administer this section. new text end 114.24     new text begin (c) A stewardship organization or individual producer subject to this subdivision new text end 114.25 new text begin must pay the agency's administrative fee under paragraph (a) on or before July 1, 2014 and new text end 114.26 new text begin annually thereafter. Each year after the initial payment, the annual administrative fee may new text end 114.27 new text begin not exceed five percent of the aggregate stewardship assessment added to the cost of all new text end 114.28 new text begin architectural paint sold by producers in the state for the preceding calendar year. new text end 114.29     new text begin (d) All fees received under this section shall be deposited to the state treasury and new text end 114.30 new text begin credited to a product stewardship account in the special revenue fund. For fiscal years new text end 114.31 new text begin 2014 and 2015, the amount collected under this section is annually appropriated to the new text end 114.32 new text begin agency to implement and enforce this section. new text end 114.33    Sec. 79. new text begin [115A.142] REPORT TO LEGISLATURE AND GOVERNOR. new text end 115.1 new text begin As part of the report required under section 115A.121, the commissioner of the new text end 115.2 new text begin Pollution Control Agency shall provide a report to the governor and the legislature on new text end 115.3 new text begin the implementation of section 115A.1415. new text end 115.4    Sec. 80. Minnesota Statutes 2012, section 115B.20, subdivision 6, is amended to read: 115.5    Subd. 6. Report to legislature. Each year new text begin By January 31 of each odd-numbered new text end 115.6 new text begin year new text end , the commissioner of agriculture and the agency shall submit to the senate Finance 115.7Committee, the house of representatives Ways and Means Committee, the Environment 115.8and Natural Resources Committees of the senate and house of representatives, the Finance 115.9Division of the senate Committee on Environment and Natural Resources, and the house 115.10of representatives Committee on Environment and Natural Resources Finance, and the 115.11Environmental Quality Board a report detailing the activities for which money has been 115.12spent pursuant to this section during the previous fiscal year. 115.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 115.14    Sec. 81. Minnesota Statutes 2012, section 115B.28, subdivision 1, is amended to read: 115.15    Subdivision 1. Duties. In addition to performing duties specified in sections 115.16115B.25 to 115B.37 or in other law, and subject to the limitations on disclosure contained 115.17in section 115B.35, the agency shall: 115.18(1) adopt rules, including rules governing practice and procedure before the agency, 115.19the form and procedure for applications for compensation, and procedures for claims 115.20investigations; 115.21(2) publicize the availability of compensation and application procedures on a 115.22statewide basis with special emphasis on geographical areas surrounding sites identified 115.23by the agency as having releases from a facility where a harmful substance was placed or 115.24came to be located prior to July 1, 1983; 115.25(3) collect, analyze, and make available to the public, in consultation with the 115.26Department of Health, the Pollution Control Agency, the University of Minnesota Medical 115.27and Public Health Schools, and the medical community, data regarding injuries relating to 115.28exposure to harmful substances; and 115.29(4) prepare and transmit by December 31 of each year to the governor and the 115.30legislature an annual new text begin legislative new text end report new text begin required under section 115B.20, subdivision new text end 115.31 new text begin 6, new text end to include (i) a summary of agency activity under clause (3); (ii) data determined 115.32by the agency from actual cases, including but not limited to number of cases, actual 115.33compensation received by each claimant, types of cases, and types of injuries compensated, 115.34as they relate to types of harmful substances as well as length of exposure, but excluding 116.1identification of the claimants; (iii) all administrative costs associated with the business of 116.2the agency; and (iv) agency recommendations for legislative changes, further study, or any 116.3other recommendation aimed at improving the system of compensation. 116.4    Sec. 82. Minnesota Statutes 2012, section 115B.421, is amended to read: 116.5115B.421 CLOSED LANDFILL INVESTMENT FUND. 116.6The closed landfill investment fund is established in the state treasury. The fund 116.7consists of money credited to the fund, and interest and other earnings on money in the 116.8fund. The commissioner of management and budget shall transfer an initial amount of 116.9$5,100,000 from the balance in the solid waste fund beginning in fiscal year 2000 and 116.10shall continue to transfer $5,100,000 for each following fiscal year, ceasing after 2003. 116.11 Beginning July 1, 2003, funds must be deposited as described in section 115B.445. The 116.12fund shall be managed to maximize long-term gain through the State Board of Investment. 116.13Money in the fund may be spent by the commissioner after fiscal year 2020 in accordance 116.14with sections 115B.39 to 115B.444. 116.15    Sec. 83. Minnesota Statutes 2012, section 115C.02, subdivision 4, is amended to read: 116.16    Subd. 4. Corrective action. "Corrective action" means an action taken to minimize, 116.17eliminate, or clean up a release to protect the public health and welfare or the environment. 116.18 new text begin Corrective action may include, environmental covenants pursuant to chapter 114E, an new text end 116.19 new text begin affidavit required under section 116.48, subdivision 6, or similar notice of a release new text end 116.20 new text begin recorded with real property records. new text end 116.21    Sec. 84. Minnesota Statutes 2012, section 115C.08, subdivision 4, is amended to read: 116.22    Subd. 4. Expenditures. (a) Money in the fund may only be spent: 116.23(1) to administer the petroleum tank release cleanup program established in this 116.24chapter; 116.25(2) for agency administrative costs under sections 116.46 to 116.50, sections 116.26115C.03 to 115C.06, and costs of corrective action taken by the agency under section 116.27115C.03 , including investigations; 116.28(3) for costs of recovering expenses of corrective actions under section 115C.04; 116.29(4) for training, certification, and rulemaking under sections 116.46 to 116.50; 116.30(5) for agency administrative costs of enforcing rules governing the construction, 116.31installation, operation, and closure of aboveground and underground petroleum storage 116.32tanks; 117.1(6) for reimbursement of the environmental response, compensation, and compliance 117.2account under subdivision 5 and section 115B.26, subdivision 4; 117.3(7) for administrative and staff costs as set by the board to administer the petroleum 117.4tank release program established in this chapter; 117.5(8) for corrective action performance audits under section 115C.093; 117.6(9) for contamination cleanup grants, as provided in paragraph (c); 117.7(10) to assess and remove abandoned underground storage tanks under section 117.8115C.094 and, if a release is discovered, to pay for the specific consultant and contractor 117.9services costs necessary to complete the tank removal project, including, but not limited 117.10to, excavation soil sampling, groundwater sampling, soil disposal, and completion of 117.11an excavation report; and 117.12(11) for property acquisition by the agency when the agency has determined that 117.13purchasing a property where a release has occurred is the most appropriate corrective 117.14action. The new text begin to acquire interests in real or personal property, including easements, new text end 117.15 new text begin environmental covenants under chapter 114E, and leases, that the agency determines are new text end 117.16 new text begin necessary for corrective actions or to ensure the protectiveness of corrective actions. A new text end 117.17 new text begin donation of an interest in real property to the agency is not effective until the agency new text end 117.18 new text begin executes a certificate of acceptance. The state is not liable under this chapter solely as a new text end 117.19 new text begin result of acquiring an interest in real property under this clause. Agency approval of an new text end 117.20 new text begin environmental covenant under chapter 114E is sufficient evidence of acceptance of an new text end 117.21 new text begin interest in real property when the agency is expressly identified as a holder in the covenant. new text end 117.22 Acquisition of all properties new text begin real property under this clause, except environmental new text end 117.23 new text begin covenants under chapter 114E, new text end is subject to approval by the board. 117.24(b) Except as provided in paragraph (c), money in the fund is appropriated to the 117.25board to make reimbursements or payments under this section. 117.26(c) In fiscal years 2010 and 2011, $3,700,000 is annually appropriated from the fund 117.27to the commissioner of employment and economic development for contamination cleanup 117.28grants under section 116J.554. Beginning in fiscal year 2012 and each year thereafter, 117.29$6,200,000 is annually appropriated from the fund to the commissioner of employment 117.30and economic development for contamination cleanup grants under section 116J.554. Of 117.31this amount, the commissioner may spend up to $225,000 annually for administration 117.32of the contamination cleanup grant program. The appropriation does not cancel and is 117.33available until expended. The appropriation shall not be withdrawn from the fund nor the 117.34fund balance reduced until the funds are requested by the commissioner of employment 117.35and economic development. The commissioner shall schedule requests for withdrawals 118.1from the fund to minimize the necessity to impose the fee authorized by subdivision 2. 118.2Unless otherwise provided, the appropriation in this paragraph may be used for: 118.3(1) project costs at a qualifying site if a portion of the cleanup costs are attributable 118.4to petroleum contamination or new and used tar and tar-like substances, including but not 118.5limited to bitumen and asphalt, but excluding bituminous or asphalt pavement, that consist 118.6primarily of hydrocarbons and are found in natural deposits in the earth or are distillates, 118.7fractions, or residues from the processing of petroleum crude or petroleum products as 118.8defined in section 296A.01; and 118.9(2) the costs of performing contamination investigation if there is a reasonable basis 118.10to suspect the contamination is attributable to petroleum or new and used tar and tar-like 118.11substances, including but not limited to bitumen and asphalt, but excluding bituminous or 118.12asphalt pavement, that consist primarily of hydrocarbons and are found in natural deposits 118.13in the earth or are distillates, fractions, or residues from the processing of petroleum crude 118.14or petroleum products as defined in section 296A.01. 118.15    Sec. 85. Minnesota Statutes 2012, section 115C.08, is amended by adding a subdivision 118.16to read: 118.17     new text begin Subd. 6. new text end new text begin Disposition of property acquired for corrective action. new text end new text begin (a) If the new text end 118.18 new text begin commissioner determines that real or personal property acquired by the agency for a new text end 118.19 new text begin corrective action is no longer needed for corrective action purposes, the commissioner may: new text end 118.20 new text begin (1) request the commissioner of administration to dispose of the property according new text end 118.21 new text begin to sections 16B.281 to 16B.287, subject to conditions the commissioner of the Pollution new text end 118.22 new text begin Control Agency determines necessary to protect the public health and welfare and the new text end 118.23 new text begin environment or to comply with federal law; new text end 118.24 new text begin (2) transfer the property to another state agency, a political subdivision, or a special new text end 118.25 new text begin purpose district as provided in paragraph (b); or new text end 118.26 new text begin (3) if required by federal law, take actions and dispose of the property according new text end 118.27 new text begin to federal law. new text end 118.28 new text begin (b) If the commissioner determines that real or personal property acquired by new text end 118.29 new text begin the agency for a corrective action must be operated, maintained, or monitored after new text end 118.30 new text begin completion of other phases of the corrective action, the commissioner may transfer new text end 118.31 new text begin ownership of the property to another state agency, a political subdivision, or a special new text end 118.32 new text begin purpose district that agrees to accept the property. A state agency, political subdivision, new text end 118.33 new text begin or special purpose district may accept and implement terms and conditions of a transfer new text end 118.34 new text begin under this paragraph. The commissioner may set terms and conditions for the transfer new text end 118.35 new text begin that the commissioner considers reasonable and necessary to ensure proper operation, new text end 119.1 new text begin maintenance, and monitoring of corrective actions; protect the public health and welfare new text end 119.2 new text begin and the environment; and comply with applicable federal and state laws and regulations. new text end 119.3 new text begin The state agency, political subdivision, or special purpose district to which the property is new text end 119.4 new text begin transferred is not liable under this chapter solely as a result of acquiring the property or new text end 119.5 new text begin acting in accordance with the terms and conditions of transfer. new text end 119.6 new text begin (c) The commissioner of administration may charge the agency for actual staff and new text end 119.7 new text begin other costs related to disposal of the property under paragraph (a), clause (1). The net new text end 119.8 new text begin proceeds of a sale or other transfer of property under this subdivision by the commissioner new text end 119.9 new text begin or by the commissioner of administration shall be deposited in the petroleum tank fund or new text end 119.10 new text begin other appropriate fund. Any share of the proceeds that the agency is required by federal new text end 119.11 new text begin law or regulation to reimburse to the federal government is appropriated from the fund new text end 119.12 new text begin to the agency for the purpose. Section 16B.287, subdivision 1, does not apply to real new text end 119.13 new text begin property that is sold by the commissioner of administration and that was acquired under new text end 119.14 new text begin subdivision 4, clause (11). new text end 119.15    Sec. 86. Minnesota Statutes 2012, section 115D.10, is amended to read: 119.16115D.10 TOXIC POLLUTION PREVENTION EVALUATION REPORT. 119.17The commissioner, in cooperation with the commission, shall report to 119.18the Environment and Natural Resources Committees of the senate and house of 119.19representatives, the Finance Division of the senate Committee on Environment and 119.20Natural Resources, and the house of representatives Committee on Environment and 119.21Natural Resources Finance on progress being made in achieving the objectives of sections 119.22115D.01 to 115D.12. The report must be submitted by February 1 of each even-numbered 119.23year new text begin done in conjunction with the report required under section 115A.121 new text end . 119.24    Sec. 87. Minnesota Statutes 2012, section 116.48, subdivision 6, is amended to read: 119.25    Subd. 6. Affidavit. new text begin (a) new text end Before transferring ownership of property that the owner 119.26knows contains an underground or aboveground storage tank or contained an underground 119.27or aboveground storage tank that had a release for which no corrective action was taken new text begin or new text end 119.28 new text begin if required by the agency as a condition of a corrective action under chapter 115C new text end , the 119.29owner shall record with the county recorder or registrar of titles of the county in which the 119.30property is located an affidavit containing: 119.31(1) a legal description of the property where the tank is located; 119.32(2) a description of the tank, of the location of the tank, and of any known release 119.33from the tank of a regulated substance new text begin to the full extent known or reasonably ascertainable new text end ; 120.1(3) a description of any restrictions currently in force on the use of the property 120.2resulting from any release; and 120.3(4) the name of the owner. 120.4 new text begin (b) new text end The county recorder shall record the affidavits in a manner that will insure 120.5their disclosure in the ordinary course of a title search of the subject property. Before 120.6transferring ownership of property that the owner knows contains an underground or 120.7aboveground storage tank, the owner shall deliver to the purchaser a copy of the affidavit 120.8and any additional information necessary to make the facts in the affidavit accurate as of 120.9the date of transfer of ownership. 120.10 new text begin (c) Failure to record an affidavit as provided in this subdivision does not affect or new text end 120.11 new text begin prevent any transfer of ownership of the property. new text end 120.12    Sec. 88. Minnesota Statutes 2012, section 116C.03, subdivision 2, is amended to read: 120.13    Subd. 2. Membership. The members of the board are the director of the Office of 120.14Strategic and Long-Range Planning new text begin commissioner of administration new text end , the commissioner 120.15of commerce, the commissioner of the Pollution Control Agency, the commissioner 120.16of natural resources, the commissioner of agriculture, the commissioner of health, 120.17the commissioner of employment and economic development, the commissioner of 120.18transportation, the chair of the Board of Water and Soil Resources, and a representative of 120.19the governor's office designated by the governor. The governor shall appoint five members 120.20from the general public to the board, subject to the advice and consent of the senate. 120.21At least two of the five public members must have knowledge of and be conversant in 120.22water management issues in the state. Notwithstanding the provisions of section 15.06, 120.23subdivision 6 , members of the board may not delegate their powers and responsibilities as 120.24board members to any other person. 120.25    Sec. 89. Minnesota Statutes 2012, section 116C.03, subdivision 4, is amended to read: 120.26    Subd. 4. Support. Staff and consultant support for board activities shall be provided 120.27by the Office of Strategic and Long-Range Planning new text begin Pollution Control Agency new text end . This 120.28support shall be provided based upon an annual budget and work program developed by 120.29the board and certified to the commissioner by the chair of the board. The board shall 120.30have the authority to request and require staff support from all other agencies of state 120.31government as needed for the execution of the responsibilities of the board. 120.32    Sec. 90. Minnesota Statutes 2012, section 116C.03, subdivision 5, is amended to read: 121.1    Subd. 5. Administration. The board shall contract with the Office of Strategic and 121.2Long-Range Planning new text begin Pollution Control Agency new text end for administrative services necessary to 121.3the board's activities. The services shall include personnel, budget, payroll and contract 121.4administration. 121.5    Sec. 91. new text begin [116C.99] SILICA SAND MINING MODEL STANDARDS AND new text end 121.6 new text begin CRITERIA. new text end 121.7     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The definitions in this subdivision apply to sections new text end 121.8 new text begin 116C.99 to 116C.992. new text end 121.9 new text begin (a) "Local unit of government" means a county, statutory or home rule charter city, new text end 121.10 new text begin or town. new text end 121.11 new text begin (b) "Mining" means excavating silica sand by any process, including digging, new text end 121.12 new text begin excavating, drilling, blasting, tunneling, dredging, stripping, or by shaft. new text end 121.13 new text begin (c) "Processing" means washing, cleaning, screening, crushing, filtering, sorting, new text end 121.14 new text begin processing, stockpiling, and storing silica sand, either at the mining site or at any other site. new text end 121.15 new text begin (d) "Silica sand" means well-rounded, sand-sized grains of quartz (silicon dioxide), new text end 121.16 new text begin with very little impurities in terms of other minerals. Specifically, the silica sand for the new text end 121.17 new text begin purposes of this section is commercially valuable for use in the hydraulic fracturing of new text end 121.18 new text begin shale to obtain oil and natural gas. Silica sand does not include common rock, stone, new text end 121.19 new text begin aggregate, gravel, sand with a low quartz level, or silica compounds recovered as a new text end 121.20 new text begin by-product of metallic mining. new text end 121.21 new text begin (e) "Silica sand project" means the excavation and mining and processing of silica new text end 121.22 new text begin sand; the washing, cleaning, screening, crushing, filtering, drying, sorting, stockpiling, new text end 121.23 new text begin and storing of silica sand, either at the mining site or at any other site; the hauling and new text end 121.24 new text begin transporting of silica sand; or a facility for transporting silica sand to destinations by rail, new text end 121.25 new text begin barge, truck, or other means of transportation. new text end 121.26 new text begin (f) "Temporary storage" means the storage of stock piles of silica sand that have new text end 121.27 new text begin been transported and await further transport. new text end 121.28 new text begin (g) "Transporting" means hauling and transporting silica sand, by any carrier: new text end 121.29 new text begin (1) from the mining site to a processing or transfer site; or new text end 121.30 new text begin (2) from a processing or storage site to a rail, barge, or transfer site for transporting new text end 121.31 new text begin to destinations. new text end 121.32     new text begin Subd. 2. new text end new text begin Standards and criteria. new text end new text begin (a) By October 1, 2013, the Environmental new text end 121.33 new text begin Quality Board, in consultation with local units of government, shall develop model new text end 121.34 new text begin standards and criteria for mining, processing, and transporting silica sand. These standards new text end 121.35 new text begin and criteria may be used by local units of government in developing local ordinances. The new text end 122.1 new text begin standards and criteria shall be different for different geographic areas of the state. The new text end 122.2 new text begin unique karst conditions and landforms of southeastern Minnesota shall be considered new text end 122.3 new text begin unique when compared with the flat scoured river terraces and uniform hydrology of the new text end 122.4 new text begin Minnesota Valley. The standards and criteria developed shall reflect those differences in new text end 122.5 new text begin varying regions of the state. The standards and criteria must include: new text end 122.6 new text begin (1) recommendations for setbacks or buffers for mining operation and processing, new text end 122.7 new text begin including: new text end 122.8 new text begin (i) any residence or residential zoning district boundary; new text end 122.9 new text begin (ii) any property line or right-of-way line of any existing or proposed street or new text end 122.10 new text begin highway; new text end 122.11 new text begin (iii) ordinary high water levels of public waters; new text end 122.12 new text begin (iv) bluffs; new text end 122.13 new text begin (v) designated trout streams, Class 2A water as designated in the rules of the new text end 122.14 new text begin Pollution Control Agency, or any perennially flowing tributary of a designated trout new text end 122.15 new text begin stream or Class 2A water; new text end 122.16 new text begin (vi) calcareous fens; new text end 122.17 new text begin (vii) wellhead protection areas as defined in section 103I.005; new text end 122.18 new text begin (viii) critical natural habitat acquired by the commissioner of natural resources new text end 122.19 new text begin under section 84.944; and new text end 122.20 new text begin (ix) a natural resource easement paid wholly or in part by public funds; new text end 122.21 new text begin (2) standards for hours of operation; new text end 122.22 new text begin (3) groundwater and surface water quality and quantity monitoring and mitigation new text end 122.23 new text begin plan requirements, including: new text end 122.24 new text begin (i) applicable groundwater and surface water appropriation permit requirements; new text end 122.25 new text begin (ii) well sealing requirements; new text end 122.26 new text begin (iii) annual submission of monitoring well data; and new text end 122.27 new text begin (iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events; new text end 122.28 new text begin (4) air monitoring and data submission requirements; new text end 122.29 new text begin (5) dust control requirements; new text end 122.30 new text begin (6) noise testing and mitigation plan requirements; new text end 122.31 new text begin (7) blast monitoring plan requirements; new text end 122.32 new text begin (8) lighting requirements; new text end 122.33 new text begin (9) inspection requirements; new text end 122.34 new text begin (10) containment requirements for silica sand in temporary storage to protect air new text end 122.35 new text begin and water quality; new text end 122.36 new text begin (11) containment requirements for chemicals used in processing; new text end 123.1 new text begin (12) financial assurance requirements; new text end 123.2 new text begin (13) road and bridge impacts and requirements; and new text end 123.3 new text begin (14) reclamation plan requirements as required under the rules adopted by the new text end 123.4 new text begin commissioner of natural resources. new text end 123.5     new text begin Subd. 3. new text end new text begin Silica sand technical assistance team. new text end new text begin By October 1, 2013, the new text end 123.6 new text begin Environmental Quality Board shall assemble a silica sand technical assistance team new text end 123.7 new text begin to provide local units of government, at their request, with assistance with ordinance new text end 123.8 new text begin development, zoning, environmental review and permitting, monitoring, or other issues new text end 123.9 new text begin arising from silica sand mining and processing operations. The technical assistance team new text end 123.10 new text begin may be chosen from representatives of the following entities: the Department of Natural new text end 123.11 new text begin Resources, the Pollution Control Agency, the Board of Water and Soil Resources, the new text end 123.12 new text begin Department of Health, the Department of Transportation, the University of Minnesota, new text end 123.13 new text begin the Minnesota State Colleges and Universities, and federal agencies. A majority of the new text end 123.14 new text begin members must be from a state agency and all members must have expertise in one or more new text end 123.15 new text begin of the following areas: silica sand mining, hydrology, air quality, water quality, land use, new text end 123.16 new text begin or other areas related to silica sand mining. new text end 123.17     new text begin Subd. 4. new text end new text begin Consideration of technical assistance team recommendations. new text end new text begin (a) When new text end 123.18 new text begin the technical assistance team, at the request of the local unit of government, assembles new text end 123.19 new text begin findings or makes a recommendation related to a proposed silica sand project for the new text end 123.20 new text begin protection of human health and the environment, a local government unit must consider new text end 123.21 new text begin the findings or recommendations of the technical assistance team in its approval or denial new text end 123.22 new text begin of a silica sand project. If the local government unit does not agree with the technical new text end 123.23 new text begin assistance team's findings and recommendations, the detailed reasons for the disagreement new text end 123.24 new text begin must be part of the local government unit's record of decision. new text end 123.25 new text begin (b) Silica sand project proposers must cooperate in providing local government unit new text end 123.26 new text begin staff, and members of the technical assistance team with information regarding the project. new text end 123.27 new text begin (c) When a local unit of government requests assistance from the silica sand new text end 123.28 new text begin technical assistance team for environmental review or permitting of a silica sand project new text end 123.29 new text begin the local unit of government may assess the project proposer for reasonable costs of the new text end 123.30 new text begin assistance and use the funds received to reimburse the entity providing that assistance. new text end 123.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 123.32    Sec. 92. new text begin [116C.991] ENVIRONMENTAL REVIEW; SILICA SAND PROJECTS. new text end 123.33 new text begin (a) Until two years after the effective date of this section, an environmental new text end 123.34 new text begin assessment worksheet must be prepared for any silica sand project that meets or exceeds new text end 123.35 new text begin the following thresholds, unless the project meets or exceeds the thresholds for an new text end 124.1 new text begin environmental impact statement under rules of the Environmental Quality Board and an new text end 124.2 new text begin environmental impact statement must be prepared: new text end 124.3 new text begin (1) excavates 20 or more acres of land to a mean depth of ten feet or more during its new text end 124.4 new text begin existence. The local government is the responsible governmental unit; or new text end 124.5 new text begin (2) is designed to store or is capable of storing more than 7,500 tons of silica sand or new text end 124.6 new text begin has an annual throughput of more than 200,000 tons of silica sand and is not required to new text end 124.7 new text begin receive a permit from the Pollution Control Agency. The Pollution Control Agency is the new text end 124.8 new text begin responsible governmental unit. new text end 124.9 new text begin (b) In addition to the contents required under statute and rule, an environmental new text end 124.10 new text begin assessment worksheet completed according to this section must include: new text end 124.11 new text begin (1) a hydrogeologic investigation assessing potential groundwater and surface water new text end 124.12 new text begin effects and geologic conditions that could create an increased risk of potentially significant new text end 124.13 new text begin effects on groundwater and surface water; new text end 124.14 new text begin (2) for a project with the potential to require a groundwater appropriation permit new text end 124.15 new text begin from the commissioner of natural resources, an assessment of the water resources new text end 124.16 new text begin available for appropriation; new text end 124.17 new text begin (3) an air quality impact assessment that includes an assessment of the potential new text end 124.18 new text begin effects from airborne particulates and dust; new text end 124.19 new text begin (4) a traffic impact analysis, including documentation of existing transportation new text end 124.20 new text begin systems, analysis of the potential effects of the project on transportation, and mitigation new text end 124.21 new text begin measures to eliminate or minimize adverse impacts; new text end 124.22 new text begin (5) an assessment of compatibility of the project with other existing uses; and new text end 124.23 new text begin (6) mitigation measures that could eliminate or minimize any adverse environmental new text end 124.24 new text begin effects for the project. new text end 124.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013, and no permit for new text end 124.26 new text begin a silica sand project subject to this section may be approved after that date unless the new text end 124.27 new text begin required environmental review has been completed. new text end 124.28    Sec. 93. new text begin [116C.992] TECHNICAL ASSISTANCE, ORDINANCE, AND PERMIT new text end 124.29 new text begin LIBRARY. new text end 124.30 new text begin By October 1, 2013, the Environmental Quality Board, in consultation with local new text end 124.31 new text begin units of government, shall create and maintain a library on local government ordinances new text end 124.32 new text begin and local government permits that have been approved for regulation of silica sand new text end 124.33 new text begin projects for reference by local governments. new text end 125.1    Sec. 94. Minnesota Statutes 2012, section 116D.04, is amended by adding a 125.2subdivision to read: 125.3     new text begin Subd. 16. new text end new text begin Groundwater; environmental assessment worksheets. new text end new text begin When an new text end 125.4 new text begin environmental assessment worksheet is required for a proposed action that has the new text end 125.5 new text begin potential to require a groundwater appropriation permit from the commissioner of natural new text end 125.6 new text begin resources, the board shall require that the environmental assessment worksheet include an new text end 125.7 new text begin assessment of the water resources available for appropriation. new text end 125.8    Sec. 95. Minnesota Statutes 2012, section 282.04, subdivision 1, is amended to read: 125.9    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor new text begin , with new text end 125.10 new text begin terms and conditions set by the county board, new text end may sell timber upon any tract that may be 125.11approved by the natural resources commissioner. The sale of timber shall be made for 125.12cash at not less than the appraised value determined by the county board to the highest 125.13bidder after not less than one week's published notice in an official paper within the 125.14county. Any timber offered at the public sale and not sold may thereafter be sold at private 125.15sale by the county auditor at not less than the appraised value thereof, until the time as 125.16the county board may withdraw the timber from sale. The appraised value of the timber 125.17and the forestry practices to be followed in the cutting of said timber shall be approved 125.18by the commissioner of natural resources. 125.19    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be 125.20made in cash at the time of the timber sale, except in the case of oral or sealed bid auction 125.21sales, the down payment shall be no less than 15 percent of the appraised value, and the 125.22balance shall be paid prior to entry. In the case of auction sales that are partitioned and 125.23sold as a single sale with predetermined cutting blocks, the down payment shall be no less 125.24than 15 percent of the appraised price of the entire timber sale which may be held until the 125.25satisfactory completion of the sale or applied in whole or in part to the final cutting block. 125.26The value of each separate block must be paid in full before any cutting may begin in that 125.27block. With the permission of the county contract administrator the purchaser may enter 125.28unpaid blocks and cut necessary timber incidental to developing logging roads as may 125.29be needed to log other blocks provided that no timber may be removed from an unpaid 125.30block until separately scaled and paid for. If payment is provided as specified in this 125.31paragraph as security under paragraph (a) and no cutting has taken place on the contract, 125.32the county auditor may credit the security provided, less any down payment required for 125.33an auction sale under this paragraph, to any other contract issued to the contract holder 125.34by the county under this chapter to which the contract holder requests in writing that it 126.1be credited, provided the request and transfer is made within the same calendar year as 126.2the security was received. 126.3    (c) The county board may sell any timber, including biomass, as appraised or scaled. 126.4Any parcels of land from which timber is to be sold by scale of cut products shall be so 126.5designated in the published notice of sale under paragraph (a), in which case the notice 126.6shall contain a description of the parcels, a statement of the estimated quantity of each 126.7species of timber, and the appraised price of each species of timber for 1,000 feet, per cord 126.8or per piece, as the case may be. In those cases any bids offered over and above the 126.9appraised prices shall be by percentage, the percent bid to be added to the appraised price 126.10of each of the different species of timber advertised on the land. The purchaser of timber 126.11from the parcels shall pay in cash at the time of sale at the rate bid for all of the timber 126.12shown in the notice of sale as estimated to be standing on the land, and in addition shall 126.13pay at the same rate for any additional amounts which the final scale shows to have been 126.14cut or was available for cutting on the land at the time of sale under the terms of the sale. 126.15Where the final scale of cut products shows that less timber was cut or was available 126.16for cutting under terms of the sale than was originally paid for, the excess payment 126.17shall be refunded from the forfeited tax sale fund upon the claim of the purchaser, to be 126.18audited and allowed by the county board as in case of other claims against the county. No 126.19timber, except hardwood pulpwood, may be removed from the parcels of land or other 126.20designated landings until scaled by a person or persons designated by the county board 126.21and approved by the commissioner of natural resources. Landings other than the parcel 126.22of land from which timber is cut may be designated for scaling by the county board by 126.23written agreement with the purchaser of the timber. The county board may, by written 126.24agreement with the purchaser and with a consumer designated by the purchaser when the 126.25timber is sold by the county auditor, and with the approval of the commissioner of natural 126.26resources, accept the consumer's scale of cut products delivered at the consumer's landing. 126.27No timber shall be removed until fully paid for in cash. Small amounts of timber not 126.28exceeding $3,000 in appraised valuation may be sold for not less than the full appraised 126.29value at private sale to individual persons without first publishing notice of sale or calling 126.30for bids, provided that in case of a sale involving a total appraised value of more than $200 126.31the sale shall be made subject to final settlement on the basis of a scale of cut products in 126.32the manner above provided and not more than two of the sales, directly or indirectly to any 126.33individual shall be in effect at one time. 126.34    (d) As directed by the county board, the county auditor may lease tax-forfeited land 126.35to individuals, corporations or organized subdivisions of the state at public or private sale, 126.36and at the prices and under the terms as the county board may prescribe, for use as cottage 127.1and camp sites and for agricultural purposes and for the purpose of taking and removing of 127.2hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden 127.3sites and other temporary uses provided that no leases shall be for a period to exceed ten 127.4years; provided, further that any leases involving a consideration of more than $12,000 per 127.5year, except to an organized subdivision of the state shall first be offered at public sale in 127.6the manner provided herein for sale of timber. Upon the sale of any leased land, it shall 127.7remain subject to the lease for not to exceed one year from the beginning of the term of the 127.8lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation 127.9shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be 127.10audited and allowed by the county board as in case of other claims against the county. 127.11    (e) As directed by the county board, the county auditor may lease tax-forfeited land 127.12to individuals, corporations, or organized subdivisions of the state at public or private sale, 127.13at the prices and under the terms as the county board may prescribe, for the purpose 127.14of taking and removing for use for road construction and other purposes tax-forfeited 127.15stockpiled iron-bearing material. The county auditor must determine that the material is 127.16needed and suitable for use in the construction or maintenance of a road, tailings basin, 127.17settling basin, dike, dam, bank fill, or other works on public or private property, and 127.18that the use would be in the best interests of the public. No lease shall exceed ten years. 127.19The use of a stockpile for these purposes must first be approved by the commissioner of 127.20natural resources. The request shall be deemed approved unless the requesting county 127.21is notified to the contrary by the commissioner of natural resources within six months 127.22after receipt of a request for approval for use of a stockpile. Once use of a stockpile has 127.23been approved, the county may continue to lease it for these purposes until approval is 127.24withdrawn by the commissioner of natural resources. 127.25    (f) The county auditor, with the approval of the county board is authorized to grant 127.26permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, 127.27tailings, or waste products from mines or ore milling plants, or to use for facilities needed 127.28to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area 127.29needed for a mining operation, upon the conditions and for the consideration and for the 127.30period of time, not exceeding 25 years, as the county board may determine. The permits, 127.31licenses, or leases are subject to approval by the commissioner of natural resources. 127.32    (g) Any person who removes any timber from tax-forfeited land before said timber 127.33has been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor. 127.34    (h) The county auditor may, with the approval of the county board, and without first 127.35offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of 127.36peat and for the production or removal of farm-grown closed-loop biomass as defined in 128.1section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands 128.2upon the terms and conditions as the county board may prescribe. Any lease for the removal 128.3of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited 128.4lands must first be reviewed and approved by the commissioner of natural resources if the 128.5lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop 128.6biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this 128.7section without first holding a public hearing on the auditor's intention to lease. One printed 128.8notice in a legal newspaper in the county at least ten days before the hearing, and posted 128.9notice in the courthouse at least 20 days before the hearing shall be given of the hearing. 128.10    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis 128.11County auditor may, at the discretion of the county board, sell timber to the party who 128.12bids the highest price for all the several kinds of timber, as provided for sales by the 128.13commissioner of natural resources under section 90.14. Bids offered over and above the 128.14appraised price need not be applied proportionately to the appraised price of each of 128.15the different species of timber. 128.16    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the 128.17county board and under terms set by the county board, the county auditor may accept an 128.18irrevocable bank letter of credit in the amount equal to the amount otherwise determined in 128.19paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph, at the 128.20written request of the purchaser, the county may periodically allow the bank letter of credit 128.21to be reduced by an amount proportionate to the value of timber that has been harvested 128.22and for which the county has received payment. The remaining amount of the bank letter 128.23of credit after a reduction under this paragraph must not be less than 20 percent of the value 128.24of the timber purchased. If an irrevocable bank letter of credit or cash deposit is provided 128.25for the down payment required in paragraph (b), and no cutting of timber has taken place 128.26on the contract for which a letter of credit has been provided, the county may allow the 128.27transfer of the letter of credit to any other contract issued to the contract holder by the 128.28county under this chapter to which the contract holder requests in writing that it be credited. 128.29    Sec. 96. new text begin [383B.761] DISCONTINUANCE OF HENNEPIN COUNTY SOIL AND new text end 128.30 new text begin WATER CONSERVATION DISTRICT; TRANSFER OF DUTIES. new text end 128.31     new text begin Subdivision 1. new text end new text begin Petition. new text end new text begin Notwithstanding section 103C.225, the Hennepin County new text end 128.32 new text begin Board of Commissioners may petition the Minnesota Board of Water and Soil Resources new text end 128.33 new text begin to discontinue the Hennepin Soil and Water Conservation District and transfer the duties new text end 128.34 new text begin and authorities of the district to the Hennepin County Board of Commissioners. The new text end 128.35 new text begin Minnesota Board of Water and Soil Resources has 60 days from the receipt of the petition new text end 129.1 new text begin to conduct its review. The Minnesota Board of Water and Soil Resources shall make new text end 129.2 new text begin its determination regarding the petition no later than its first regular meeting following new text end 129.3 new text begin the 60-day review period. new text end 129.4     new text begin Subd. 2. new text end new text begin Discontinuance. new text end new text begin The Minnesota Board of Water and Soil Resources shall new text end 129.5 new text begin review the petition submitted under subdivision 1 to determine whether progress toward new text end 129.6 new text begin the goals identified in section 103C.005 can be achieved by discontinuing the Hennepin new text end 129.7 new text begin Soil and Water Conservation District and transferring the duties and authorities of the new text end 129.8 new text begin district to the Hennepin County Board of Commissioners. If the Board of Water and Soil new text end 129.9 new text begin Resources determines that progress toward the goals identified in section 103C.005 can new text end 129.10 new text begin be achieved by the discontinuance of the district and the transfer of district duties and new text end 129.11 new text begin authorities to the Hennepin County Board of Commissioners, the Board of Water and Soil new text end 129.12 new text begin Resources shall order the discontinuance of the Hennepin Soil and Water Conservation new text end 129.13 new text begin District. The order shall become effective within 60 days from the date of the order. The new text end 129.14 new text begin Minnesota Board of Water and Soil Resources may discontinue the Hennepin Soil and new text end 129.15 new text begin Water Conservation District without a referendum. new text end 129.16     new text begin Subd. 3. new text end new text begin Transfer of duties and authorities. new text end new text begin Upon discontinuance of the new text end 129.17 new text begin Hennepin Soil and Water Conservation District by the Minnesota Board of Water and Soil new text end 129.18 new text begin Resources, the Hennepin County Board of Commissioners has the duties and authorities new text end 129.19 new text begin of a soil and water conservation district. The Hennepin County Board of Commissioners new text end 129.20 new text begin may assign these duties and responsibilities to the Hennepin County Department of new text end 129.21 new text begin Environmental Services or other county departments as deemed appropriate by the county new text end 129.22 new text begin board. All contracts in effect on the date of the discontinuance of the district, to which new text end 129.23 new text begin the Hennepin Soil and Water Conservation District is a party, remain in force and effect new text end 129.24 new text begin for the period provided in the contracts. Hennepin County shall be substituted for the new text end 129.25 new text begin Hennepin Soil and Water Conservation District as party to the contracts and succeed new text end 129.26 new text begin to the district's rights and duties. new text end 129.27     new text begin Subd. 4. new text end new text begin Transfer of assets. new text end new text begin The Hennepin Conservation District Board of new text end 129.28 new text begin Supervisors shall transfer the assets of the district to the Hennepin County Board of new text end 129.29 new text begin Commissioners no later than 60 days from the date of the order. The Hennepin County new text end 129.30 new text begin Board of Commissioners shall use the transferred assets for purposes of implementing the new text end 129.31 new text begin transferred duties and authorities. new text end 129.32     new text begin Subd. 5. new text end new text begin Grants. new text end new text begin Upon discontinuance of the Hennepin Soil and Water new text end 129.33 new text begin Conservation District by the Minnesota Board of Water and Soil Resources, Hennepin new text end 129.34 new text begin County has the eligibility of a soil and water conservation district for state grant funds. new text end 129.35     new text begin Subd. 6. new text end new text begin Reestablishment. new text end new text begin The Hennepin County Board of Commissioners may new text end 129.36 new text begin petition the Minnesota Board of Water and Soil Resources to reestablish the Hennepin new text end 130.1 new text begin Soil and Water Conservation District. Alternatively, the Minnesota Board of Water new text end 130.2 new text begin and Soil Resources under its authority in section 103C.201, and after giving notice new text end 130.3 new text begin of corrective actions and time to implement the corrective actions, may reestablish the new text end 130.4 new text begin Hennepin Soil and Water Conservation District if it determines the goals identified in new text end 130.5 new text begin section 103C.005 are not being achieved. The Minnesota Board of Water and Soil new text end 130.6 new text begin Resources may reestablish the Hennepin Soil and Water Conservation District under this new text end 130.7 new text begin subdivision without a referendum. new text end 130.8 new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end new text begin This section is effective the day after new text end 130.9 new text begin the governing body of Hennepin County and its chief clerical officer timely complete their new text end 130.10 new text begin compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 130.11    Sec. 97. Minnesota Statutes 2012, section 473.846, is amended to read: 130.12473.846 REPORTS new text begin REPORT new text end TO LEGISLATURE. 130.13The agency shall submit to the senate and house of representatives committees 130.14having jurisdiction over environment and natural resources separate reports new text begin a report new text end 130.15 describing the activities for which money for landfill abatement has been spent under 130.16sections new text begin section new text end 473.844 and . The report for section expenditures shall be 130.17included in the report required by section 115A.411, and shall include recommendations 130.18on the future management and use of the metropolitan landfill abatement account. By 130.19December 31 of each year, the commissioner shall submit the report for section 473.845 130.20 on contingency action trust fund activities. 130.21    Sec. 98. Laws 2010, chapter 361, article 3, section 7, is amended to read: 130.22    Sec. 7. PARKS. 130.23The Minneapolis Park and Recreation Board may acquire all or part of the entire 130.24property known as the Scherer Brothers Lumber Yard for a metropolitan area regional 130.25park and may allocate any future appropriations to the board from the parks and trails 130.26fund to acquire the property. new text begin Notwithstanding Minnesota Rules, part 6115.0190, subpart new text end 130.27 new text begin 3 or 5, item E, or 6115.0191, subpart 8, item A, the Minneapolis Park and Recreation new text end 130.28 new text begin Board is authorized to recreate and restore Hall's Island or such similar island located at new text end 130.29 new text begin approximately river mile 855 on the Mississippi River, just north of the Plymouth Avenue new text end 130.30 new text begin bridge, at a project site in Section 15, Township 29 North, Range 24 West, Hennepin new text end 130.31 new text begin County, Minnesota, on or adjacent to the property known as the Scherer Brothers Lumber new text end 130.32 new text begin Yard. The commissioner of natural resources shall grant any authorizations, permits, or new text end 130.33 new text begin permissions necessary to effectuate the project, provided that the project is consistent with new text end 131.1 new text begin all other standards and guidelines in Minnesota Rules, chapter 6115. If the project is new text end 131.2 new text begin not constructed within six years of the effective date of this act, the authority provided new text end 131.3 new text begin in this section to reconstruct Hall's Island expires. The recreation and restoration shall new text end 131.4 new text begin be coordinated with future efforts to restore habitat along the Mississippi River. Once new text end 131.5 new text begin recreated and restored, Hall's Island shall remain in public ownership in perpetuity and new text end 131.6 new text begin shall be maintained as a natural habitat island for birds and other wildlife. Public access new text end 131.7 new text begin and recreational activities shall be limited to a walking trail to protect the island's wildlife new text end 131.8 new text begin and habitat. new text end 131.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the Minneapolis Park new text end 131.10 new text begin and Recreation Board timely completes compliance with Minnesota Statutes, section new text end 131.11 new text begin 645.021, subdivisions 2 and 3. new text end 131.12    Sec. 99. new text begin NORTH MISSISSIPPI REGIONAL PARK. new text end 131.13 new text begin (a) The boundaries of the North Mississippi Regional Park are extended to include new text end 131.14 new text begin the approximately 20.82 acres of land adjacent to the existing park known as Webber Park new text end 131.15 new text begin and that part of Shingle Creek that flows through Webber Park and continues through new text end 131.16 new text begin North Mississippi Regional Park into the Mississippi River. new text end 131.17 new text begin (b) Funds appropriated for North Mississippi Regional Park may be expended to new text end 131.18 new text begin provide for visitor amenities, including construction of a natural filtration swimming new text end 131.19 new text begin pool and a building for park users. new text end 131.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 131.21 new text begin the Minneapolis Park and Recreation Board and its chief clerical officer timely complete new text end 131.22 new text begin their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 131.23    Sec. 100. new text begin WASTEWATER TREATMENT SYSTEMS; BENEFICIAL USE. new text end 131.24 new text begin The Pollution Control Agency shall apply the following criteria to wastewater new text end 131.25 new text begin treatment system projects: at least 30 points shall be assigned if a project will result new text end 131.26 new text begin in an agency-approved beneficial use of treated wastewater that results in reducing or new text end 131.27 new text begin replacing the use of groundwater, surface water, or potable water, provided that the project new text end 131.28 new text begin component resulting in the beneficial use of wastewater accounts for at least 20 percent of new text end 131.29 new text begin the total eligible cost of the project. Projects receiving points for land discharge beneficial new text end 131.30 new text begin use shall not receive an additional 30 points. new text end 131.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2013. new text end 131.32    Sec. 101. new text begin PERMIT CANCELLATION. new text end 132.1 new text begin Upon written request submitted by a permit holder to the commissioner of natural new text end 132.2 new text begin resources on or before June 1, 2015, the commissioner shall cancel any provision in a new text end 132.3 new text begin timber sale permit sold prior to September 1, 2012, that requires the security payment for new text end 132.4 new text begin or removal of all or part of the balsam fir when the permit contains at least 50 cords of new text end 132.5 new text begin balsam fir. The remaining provisions of the permit remain in effect. The permit holder new text end 132.6 new text begin may be required to fell or pile the balsam fir to meet management objectives. new text end 132.7    Sec. 102. new text begin GROUNDWATER SUSTAINABILITY RECOMMENDATIONS. new text end 132.8 new text begin The commissioner of natural resources shall develop recommendations on new text end 132.9 new text begin additional tools needed to fully implement the groundwater sustainability requirements new text end 132.10 new text begin of Minnesota Statutes, section 103G.287, subdivisions 3 and 5. The recommendations new text end 132.11 new text begin shall be submitted to the chairs of the environment and natural resources policy and new text end 132.12 new text begin finance committees by January 15, 2014, and shall include draft legislative language to new text end 132.13 new text begin implement the recommendations. new text end 132.14    Sec. 103. new text begin RULEMAKING; POSSESSION AND TRANSPORTATION OF new text end 132.15 new text begin WILDLIFE. new text end 132.16 new text begin The commissioner of natural resources may use the good cause exemption under new text end 132.17 new text begin Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules to conform new text end 132.18 new text begin with the changes to Minnesota Statutes 2012, section 97A.401, subdivision 3, contained in new text end 132.19 new text begin this article, and Minnesota Statutes, section 14.386, does not apply except as provided new text end 132.20 new text begin under Minnesota Statutes, section 14.388. new text end 132.21    Sec. 104. new text begin RULEMAKING; DISPLAY OF PADDLE BOARD LICENSE new text end 132.22 new text begin NUMBERS. new text end 132.23 new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts new text end 132.24 new text begin 6110.0200, 6110.0300, and 6110.0400, to exempt paddle boards from the requirement to new text end 132.25 new text begin display license certificates and license numbers, in the same manner as other nonmotorized new text end 132.26 new text begin watercraft such as canoes and kayaks. new text end 132.27 new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end 132.28 new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end 132.29 new text begin Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, new text end 132.30 new text begin section 14.388. new text end 132.31    Sec. 105. new text begin RULES; SILICA SAND. new text end 133.1 new text begin (a) The commissioner of the Pollution Control Agency shall adopt rules pertaining new text end 133.2 new text begin to the control of particulate emissions from silica sand projects. The rulemaking is exempt new text end 133.3 new text begin from Minnesota Statutes, section 14.125. new text end 133.4 new text begin (b) The commissioner of natural resources shall adopt rules pertaining to the new text end 133.5 new text begin reclamation of silica sand mines. The rulemaking is exempt from Minnesota Statutes, new text end 133.6 new text begin section 14.125. new text end 133.7 new text begin (c) By January 1, 2014, the Department of Health shall adopt an air quality new text end 133.8 new text begin health-based value for silica sand. new text end 133.9 new text begin (d) The Environmental Quality Board shall amend its rules for environmental new text end 133.10 new text begin review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and new text end 133.11 new text begin processing to take into account the increased activity in the state and concerns over the new text end 133.12 new text begin size of specific operations. The Environmental Quality Board shall consider whether new text end 133.13 new text begin the requirements of Minnesota Statutes, section 116C.991, should remain part of the new text end 133.14 new text begin environmental review requirements for silica sand and whether the requirements should new text end 133.15 new text begin be different for different geographic areas of the state. The rulemaking is exempt from new text end 133.16 new text begin Minnesota Statutes, section 14.125. new text end 133.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 133.18    Sec. 106. new text begin INTERIM ORDINANCE EXTENSION OR RENEWAL. new text end 133.19 new text begin Notwithstanding Minnesota Statutes, sections 394.34 and 462.355, subdivision new text end 133.20 new text begin 4, until March 1, 2015, a local unit of government may extend for one year an interim new text end 133.21 new text begin ordinance or renew an expired ordinance prohibiting new or expanded silica sand projects, new text end 133.22 new text begin as defined in Minnesota Statutes, section 116C.99, and extend the ordinance an additional new text end 133.23 new text begin year by resolution of the local unit of government. new text end 133.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from March 1, 2013. new text end 133.25    Sec. 107. new text begin RULEMAKING; FUGITIVE EMISSIONS. new text end 133.26 new text begin (a) The commissioner of the Pollution Control Agency shall amend Minnesota new text end 133.27 new text begin Rules, part 7005.0100, subpart 35a, to read: new text end 133.28 new text begin ""Potential emissions" or "potential to emit" means the maximum capacity while new text end 133.29 new text begin operating at the maximum hours of operation of an emissions unit, emission facility, or new text end 133.30 new text begin stationary source to emit a pollutant under its physical and operational design. Any physical new text end 133.31 new text begin or operational limitation on the capacity of the stationary source to emit a pollutant, new text end 133.32 new text begin including air pollution control equipment and restriction on hours of operation or on the new text end 134.1 new text begin type or amount of material combusted, stored, or processed, must be treated as part of its new text end 134.2 new text begin design if the limitation or the effect it would have on emissions is federally enforceable. new text end 134.3 new text begin Secondary emissions must not be counted in determining the potential to emit of new text end 134.4 new text begin an emissions unit, emission facility, or stationary source. Fugitive emissions shall not be new text end 134.5 new text begin counted when determining potential to emit, unless required under Minnesota Rules, part new text end 134.6 new text begin 7007.0200, subpart 2, item B, or applicable federal regulation." new text end 134.7 new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end 134.8 new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end 134.9 new text begin Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, new text end 134.10 new text begin section 14.388. new text end 134.11    Sec. 108. new text begin REPEALER. new text end 134.12 new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 90.163; 90.173; 90.41, subdivision 2; and new text end 134.13 new text begin 103G.265, subdivision 2a, new text end new text begin and new text end new text begin Minnesota Rules, parts 7021.0010, subparts 1, 2, 4, and new text end 134.14 new text begin 5; 7021.0020; 7021.0030; 7021.0040; 7021.0050, subpart 5; 9210.0300; 9210.0310; new text end 134.15 new text begin 9210.0320; 9210.0330; 9210.0340; 9210.0350; 9210.0360; 9210.0370; 9210.0380; and new text end 134.16 new text begin 9220.0530, subpart 6, new text end new text begin are repealed. new text end 134.17 new text begin (b) new text end new text begin Laws 2011, First Special Session chapter 2, article 4, section 30, new text end new text begin is repealed. new text end 134.18ARTICLE 5 134.19SANITARY DISTRICTS 134.20    Section 1. Minnesota Statutes 2012, section 275.066, is amended to read: 134.21275.066 SPECIAL TAXING DISTRICTS; DEFINITION. 134.22    For the purposes of property taxation and property tax state aids, the term "special 134.23taxing districts" includes the following entities: 134.24    (1) watershed districts under chapter 103D; 134.25    (2) sanitary districts under sections to new text begin 442A.01 to 442A.29 new text end ; 134.26    (3) regional sanitary sewer districts under sections 115.61 to 115.67; 134.27    (4) regional public library districts under section 134.201; 134.28    (5) park districts under chapter 398; 134.29    (6) regional railroad authorities under chapter 398A; 134.30    (7) hospital districts under sections 447.31 to 447.38; 134.31    (8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15; 134.32    (9) Duluth Transit Authority under sections 458A.21 to 458A.37; 134.33    (10) regional development commissions under sections 462.381 to 462.398; 134.34    (11) housing and redevelopment authorities under sections 469.001 to 469.047; 135.1    (12) port authorities under sections 469.048 to 469.068; 135.2    (13) economic development authorities under sections 469.090 to 469.1081; 135.3    (14) Metropolitan Council under sections 473.123 to 473.549; 135.4    (15) Metropolitan Airports Commission under sections 473.601 to 473.680; 135.5    (16) Metropolitan Mosquito Control Commission under sections 473.701 to 473.716; 135.6    (17) Morrison County Rural Development Financing Authority under Laws 1982, 135.7chapter 437, section 1; 135.8    (18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6; 135.9    (19) East Lake County Medical Clinic District under Laws 1989, chapter 211, 135.10sections 1 to 6; 135.11    (20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article 135.125, section 39; 135.13    (21) Middle Mississippi River Watershed Management Organization under sections 135.14103B.211 and 103B.241; 135.15    (22) emergency medical services special taxing districts under section 144F.01; 135.16    (23) a county levying under the authority of section 103B.241, 103B.245, or 135.17103B.251 ; 135.18    (24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home 135.19under Laws 2003, First Special Session chapter 21, article 4, section 12; 135.20    (25) an airport authority created under section 360.0426; and 135.21    (26) any other political subdivision of the state of Minnesota, excluding counties, 135.22school districts, cities, and towns, that has the power to adopt and certify a property tax 135.23levy to the county auditor, as determined by the commissioner of revenue. 135.24    Sec. 2. new text begin [442A.01] DEFINITIONS. new text end 135.25     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin For the purposes of this chapter, the terms defined new text end 135.26 new text begin in this section have the meanings given. new text end 135.27     new text begin Subd. 2. new text end new text begin Chief administrative law judge. new text end new text begin "Chief administrative law judge" means new text end 135.28 new text begin the chief administrative law judge of the Office of Administrative Hearings or the delegate new text end 135.29 new text begin of the chief administrative law judge under section 14.48. new text end 135.30     new text begin Subd. 3. new text end new text begin District. new text end new text begin "District" means a sanitary district created under this chapter or new text end 135.31 new text begin under Minnesota Statutes 2012, sections 115.18 to 115.37. new text end 135.32     new text begin Subd. 4. new text end new text begin Municipality. new text end new text begin "Municipality" means a city, however organized. new text end 135.33     new text begin Subd. 5. new text end new text begin Property owner. new text end new text begin "Property owner" means the fee owner of land, or the new text end 135.34 new text begin beneficial owner of land whose interest is primarily one of possession and enjoyment. new text end 136.1 new text begin Property owner includes, but is not limited to, vendees under a contract for deed and new text end 136.2 new text begin mortgagors. Any reference to a percentage of property owners means in number. new text end 136.3     new text begin Subd. 6. new text end new text begin Related governing body. new text end new text begin "Related governing body" means the governing new text end 136.4 new text begin body of a related governmental subdivision and, in the case of an organized town, means new text end 136.5 new text begin the town board. new text end 136.6     new text begin Subd. 7. new text end new text begin Related governmental subdivision. new text end new text begin "Related governmental subdivision" new text end 136.7 new text begin means a municipality or organized town wherein there is a territorial unit of a district or, in new text end 136.8 new text begin the case of an unorganized area, the county. new text end 136.9     new text begin Subd. 8. new text end new text begin Territorial unit. new text end new text begin "Territorial unit" means all that part of a district situated new text end 136.10 new text begin within a single municipality, within a single organized town outside of a municipality, or, new text end 136.11 new text begin in the case of an unorganized area, within a single county. new text end 136.12    Sec. 3. new text begin [442A.015] APPLICABILITY. new text end 136.13 new text begin All new sanitary district formations proposed and all sanitary districts previously new text end 136.14 new text begin formed under Minnesota Statutes 2012, sections 115.18 to 115.37, must comply with this new text end 136.15 new text begin chapter, including annexations to, detachments from, and dissolutions of sanitary districts new text end 136.16 new text begin previously formed under Minnesota Statutes 2012, sections 115.18 to 115.37. new text end 136.17    Sec. 4. new text begin [442A.02] SANITARY DISTRICTS; PROCEDURES AND AUTHORITY. new text end 136.18     new text begin Subdivision 1. new text end new text begin Duty of chief administrative law judge. new text end new text begin The chief administrative new text end 136.19 new text begin law judge shall conduct proceedings, make determinations, and issue orders for the new text end 136.20 new text begin creation of a sanitary district formed under this chapter or the annexation, detachment, new text end 136.21 new text begin or dissolution of a sanitary district previously formed under Minnesota Statutes 2012, new text end 136.22 new text begin sections 115.18 to 115.37. new text end 136.23     new text begin Subd. 2. new text end new text begin Consolidation of proceedings. new text end new text begin The chief administrative law judge may new text end 136.24 new text begin order the consolidation of separate proceedings in the interest of economy and expedience. new text end 136.25     new text begin Subd. 3. new text end new text begin Contracts, consultants. new text end new text begin The chief administrative law judge may contract new text end 136.26 new text begin with regional, state, county, or local planning commissions and hire expert consultants to new text end 136.27 new text begin provide specialized information and assistance. new text end 136.28     new text begin Subd. 4. new text end new text begin Powers of conductor of proceedings. new text end new text begin Any person conducting a new text end 136.29 new text begin proceeding under this chapter may administer oaths and affirmations; receive testimony new text end 136.30 new text begin of witnesses, and the production of papers, books, and documents; examine witnesses; new text end 136.31 new text begin and receive and report evidence. Upon the written request of a presiding administrative new text end 136.32 new text begin law judge or a party, the chief administrative law judge may issue a subpoena for the new text end 136.33 new text begin attendance of a witness or the production of books, papers, records, or other documents new text end 137.1 new text begin material to any proceeding under this chapter. The subpoena is enforceable through the new text end 137.2 new text begin district court in the district in which the subpoena is issued. new text end 137.3     new text begin Subd. 5. new text end new text begin Rulemaking authority. new text end new text begin The chief administrative law judge may adopt new text end 137.4 new text begin rules that are reasonably necessary to carry out the duties and powers imposed upon the new text end 137.5 new text begin chief administrative law judge under this chapter. The chief administrative law judge may new text end 137.6 new text begin initially adopt rules according to section 14.386. Notwithstanding section 16A.1283, the new text end 137.7 new text begin chief administrative law judge may adopt rules establishing fees. new text end 137.8     new text begin Subd. 6. new text end new text begin Schedule of filing fees. new text end new text begin The chief administrative law judge may prescribe new text end 137.9 new text begin by rule a schedule of filing fees for any petitions filed under this chapter. new text end 137.10     new text begin Subd. 7. new text end new text begin Request for hearing transcripts; costs. new text end new text begin Any party may request the chief new text end 137.11 new text begin administrative law judge to cause a transcript of the hearing to be made. Any party new text end 137.12 new text begin requesting a copy of the transcript is responsible for its costs. new text end 137.13     new text begin Subd. 8. new text end new text begin Compelled meetings; report. new text end new text begin (a) In any proceeding under this chapter, new text end 137.14 new text begin the chief administrative law judge or conductor of the proceeding may at any time in the new text end 137.15 new text begin process require representatives from any petitioner, property owner, or involved city, town, new text end 137.16 new text begin county, political subdivision, or other governmental entity to meet together to discuss new text end 137.17 new text begin resolution of issues raised by the petition or order that confers jurisdiction on the chief new text end 137.18 new text begin administrative law judge and other issues of mutual concern. The chief administrative new text end 137.19 new text begin law judge or conductor of the proceeding may determine which entities are required new text end 137.20 new text begin to participate in these discussions. The chief administrative law judge or conductor of new text end 137.21 new text begin the proceeding may require that the parties meet at least three times during a 60-day new text end 137.22 new text begin period. The parties shall designate a person to report to the chief administrative law new text end 137.23 new text begin judge or conductor of the proceeding on the results of the meetings immediately after the new text end 137.24 new text begin last meeting. The parties may be granted additional time at the discretion of the chief new text end 137.25 new text begin administrative law judge or conductor of the proceedings. new text end 137.26 new text begin (b) Any proposed resolution or settlement of contested issues that results in a new text end 137.27 new text begin sanitary district formation, annexation, detachment, or dissolution; places conditions on new text end 137.28 new text begin any future sanitary district formation, annexation, detachment, or dissolution; or results in new text end 137.29 new text begin the withdrawal of an objection to a pending proceeding or the withdrawal of a pending new text end 137.30 new text begin proceeding must be filed with the chief administrative law judge and is subject to the new text end 137.31 new text begin applicable procedures and statutory criteria of this chapter. new text end 137.32     new text begin Subd. 9. new text end new text begin Permanent official record. new text end new text begin The chief administrative law judge shall new text end 137.33 new text begin provide information about sanitary district creations, annexations, detachments, and new text end 137.34 new text begin dissolutions to the Minnesota Pollution Control Agency. The Minnesota Pollution Control new text end 137.35 new text begin Agency is responsible for maintaining the official record, including all documentation new text end 137.36 new text begin related to the processes. new text end 138.1     new text begin Subd. 10. new text end new text begin Shared program costs and fee revenue. new text end new text begin The chief administrative new text end 138.2 new text begin law judge and the Minnesota Pollution Control Agency shall agree on an amount to be new text end 138.3 new text begin transferred from the Minnesota Pollution Control Agency to the chief administrative law new text end 138.4 new text begin judge to pay for administration of this chapter, including publication and notification costs. new text end 138.5 new text begin Sanitary district fees collected by the chief administrative law judge shall be deposited in new text end 138.6 new text begin the environmental fund. new text end 138.7 new text begin EFFECTIVE DATE. new text end new text begin Subdivision 5 is effective the day following final enactment. new text end 138.8    Sec. 5. new text begin [442A.03] FILING OF MAPS IN SANITARY DISTRICT PROCEEDINGS. new text end 138.9 new text begin Any party initiating a sanitary district proceeding that includes platted land shall file new text end 138.10 new text begin with the chief administrative law judge maps which are necessary to support and identify new text end 138.11 new text begin the land description. The maps shall include copies of plats. new text end 138.12    Sec. 6. new text begin [442A.04] SANITARY DISTRICT CREATION. new text end 138.13     new text begin Subdivision 1. new text end new text begin Sanitary district creation. new text end new text begin (a) A sanitary district may be created new text end 138.14 new text begin under this chapter for any territory embracing an area or a group of two or more adjacent new text end 138.15 new text begin areas, whether contiguous or separate, but not situated entirely within the limits of a new text end 138.16 new text begin single municipality. The proposed sanitary district must promote the public health and new text end 138.17 new text begin welfare by providing an adequate and efficient system and means of collecting, conveying, new text end 138.18 new text begin pumping, treating, and disposing of domestic sewage and garbage and industrial wastes new text end 138.19 new text begin within the district. When the chief administrative law judge or the Minnesota Pollution new text end 138.20 new text begin Control Agency finds that there is need throughout the territory for the accomplishment new text end 138.21 new text begin of these purposes; that these purposes can be effectively accomplished on an equitable new text end 138.22 new text begin basis by a district if created; and that the creation and maintenance of a district will be new text end 138.23 new text begin administratively feasible and in furtherance of the public health, safety, and welfare, the new text end 138.24 new text begin chief administrative law judge shall make an order creating the sanitary district. A sanitary new text end 138.25 new text begin district is administratively feasible under this section if the district has the financial and new text end 138.26 new text begin managerial resources needed to deliver adequate and efficient sanitary sewer services new text end 138.27 new text begin within the proposed district. new text end 138.28 new text begin (b) Notwithstanding paragraph (a), no district shall be created within 25 miles of the new text end 138.29 new text begin boundary of any city of the first class without the approval of the governing body thereof new text end 138.30 new text begin and the approval of the governing body of each and every municipality in the proposed new text end 138.31 new text begin district by resolution filed with the chief administrative law judge. new text end 138.32 new text begin (c) If the chief administrative law judge and the Minnesota Pollution Control Agency new text end 138.33 new text begin disagree on the need to create a sanitary district, they must determine whether not allowing new text end 138.34 new text begin the sanitary district formation will have a detrimental effect on the environment. If it is new text end 139.1 new text begin determined that the sanitary district formation will prevent environmental harm, the sanitary new text end 139.2 new text begin district creation or connection to an existing wastewater treatment system must occur. new text end 139.3     new text begin Subd. 2. new text end new text begin Proceeding to create sanitary district. new text end new text begin (a) A proceeding for the creation new text end 139.4 new text begin of a district may be initiated by a petition to the chief administrative law judge containing new text end 139.5 new text begin the following: new text end 139.6 new text begin (1) a request for creation of the proposed district; new text end 139.7 new text begin (2) the name proposed for the district, to include the words "sanitary district"; new text end 139.8 new text begin (3) a legal description of the territory of the proposed district, including justification new text end 139.9 new text begin for inclusion or exclusion for all parcels; new text end 139.10 new text begin (4) addresses of every property owner within the proposed district boundaries as new text end 139.11 new text begin provided by the county auditor, with certification from the county auditor; two sets of new text end 139.12 new text begin address labels for said owners; and a list of e-mail addresses for said owners, if available; new text end 139.13 new text begin (5) a statement showing the existence in the territory of the conditions requisite for new text end 139.14 new text begin creation of a district as prescribed in subdivision 1; new text end 139.15 new text begin (6) a statement of the territorial units represented by and the qualifications of the new text end 139.16 new text begin respective signers; and new text end 139.17 new text begin (7) the post office address of each signer, given under the signer's signature. new text end 139.18 new text begin A petition may consist of separate writings of like effect, each signed by one or more new text end 139.19 new text begin qualified persons, and all such writings, when filed, shall be considered together as a new text end 139.20 new text begin single petition. new text end 139.21 new text begin (b) Petitioners must conduct and pay for a public meeting to inform citizens of the new text end 139.22 new text begin proposed creation of the district. At the meeting, information must be provided, including new text end 139.23 new text begin a description of the district's proposed structure, bylaws, territory, ordinances, budget, and new text end 139.24 new text begin charges and a description of the territory of the proposed district, including justification new text end 139.25 new text begin for inclusion or exclusion for all parcels. Notice of the meeting must be published for two new text end 139.26 new text begin successive weeks in a qualified newspaper, as defined under chapter 331A, published new text end 139.27 new text begin within the territory of the proposed district or, if there is no qualified newspaper published new text end 139.28 new text begin within the territory, in a qualified newspaper of general circulation in the territory, and new text end 139.29 new text begin must be posted for two weeks in each territorial unit of the proposed district and on the new text end 139.30 new text begin Web site of the proposed district, if one exists. Notice of the meeting must be mailed or new text end 139.31 new text begin e-mailed at least three weeks prior to the meeting to all property tax billing addresses for new text end 139.32 new text begin all parcels included in the proposed district. The following must be submitted to the chief new text end 139.33 new text begin administrative law judge with the petition: new text end 139.34 new text begin (1) a record of the meeting, including copies of all information provided at the new text end 139.35 new text begin meeting; new text end 140.1 new text begin (2) new text end new text begin a copy of the mailing list provided by the county auditor and used to notify new text end 140.2 new text begin property owners of the meeting; new text end 140.3 new text begin (3) a copy of the e-mail list used to notify property owners of the meeting; new text end 140.4 new text begin (4) the printer's affidavit of publication of public meeting notice; new text end 140.5 new text begin (5) an affidavit of posting the public meeting notice with information on dates and new text end 140.6 new text begin locations of posting; and new text end 140.7 new text begin (6) the minutes or other record of the public meeting documenting that the following new text end 140.8 new text begin topics were discussed: printer's affidavit of publication of each resolution, with a copy new text end 140.9 new text begin of the resolution from the newspaper attached; and the affidavit of resolution posting new text end 140.10 new text begin on the town or proposed district Web site. new text end 140.11 new text begin (c) Every petition must be signed as follows: new text end 140.12 new text begin (1) for each municipality wherein there is a territorial unit of the proposed district, new text end 140.13 new text begin by an authorized officer pursuant to a resolution of the municipal governing body; new text end 140.14 new text begin (2) for each organized town wherein there is a territorial unit of the proposed district, new text end 140.15 new text begin by an authorized officer pursuant to a resolution of the town board; new text end 140.16 new text begin (3) for each county wherein there is a territorial unit of the proposed district consisting new text end 140.17 new text begin of an unorganized area, by an authorized officer pursuant to a resolution of the county new text end 140.18 new text begin board or by at least 20 percent of the voters residing and owning land within the unit. new text end 140.19 new text begin (d) Each resolution must be published in the official newspaper of the governing new text end 140.20 new text begin body adopting it and becomes effective 40 days after publication, unless within said new text end 140.21 new text begin period there shall be filed with the governing body a petition signed by qualified electors new text end 140.22 new text begin of a territorial unit of the proposed district, equal in number to five percent of the number new text end 140.23 new text begin of electors voting at the last preceding election of the governing body, requesting a new text end 140.24 new text begin referendum on the resolution, in which case the resolution may not become effective until new text end 140.25 new text begin approved by a majority of the qualified electors voting at a regular election or special new text end 140.26 new text begin election that the governing body may call. The notice of an election and the ballot to be new text end 140.27 new text begin used must contain the text of the resolution followed by the question: "Shall the above new text end 140.28 new text begin resolution be approved?" new text end 140.29 new text begin (e) If any signer is alleged to be a landowner in a territorial unit, a statement as to new text end 140.30 new text begin the signer's landowner status as shown by the county auditor's tax assessment records, new text end 140.31 new text begin certified by the auditor, shall be attached to or endorsed upon the petition. new text end 140.32 new text begin (f) At any time before publication of the public notice required in subdivision 3, new text end 140.33 new text begin additional signatures may be added to the petition or amendments of the petition may new text end 140.34 new text begin be made to correct or remedy any error or defect in signature or otherwise except a new text end 140.35 new text begin material error or defect in the description of the territory of the proposed district. If the new text end 140.36 new text begin qualifications of any signer of a petition are challenged, the chief administrative law judge new text end 141.1 new text begin shall determine the challenge forthwith on the allegations of the petition, the county new text end 141.2 new text begin auditor's certificate of land ownership, and such other evidence as may be received. new text end 141.3     new text begin Subd. 3. new text end new text begin Notice of intent to create sanitary district. new text end new text begin (a) Upon receipt of a petition new text end 141.4 new text begin and the record of the public meeting required under subdivision 2, the chief administrative new text end 141.5 new text begin law judge shall publish a notice of intent to create the proposed sanitary district in the State new text end 141.6 new text begin Register and mail or e-mail information of that publication to each property owner in the new text end 141.7 new text begin affected territory at the owner's address as given by the county auditor. The information new text end 141.8 new text begin must state the date that the notice will appear in the State Register and give the Web site new text end 141.9 new text begin location for the State Register. The notice must: new text end 141.10 new text begin (1) describe the petition for creation of the district; new text end 141.11 new text begin (2) describe the territory affected by the petition; new text end 141.12 new text begin (3) allow 30 days for submission of written comments on the petition; new text end 141.13 new text begin (4) state that a person who objects to the petition may submit a written request for new text end 141.14 new text begin hearing to the chief administrative law judge within 30 days of the publication of the new text end 141.15 new text begin notice in the State Register; and new text end 141.16 new text begin (5) state that if a timely request for hearing is not received, the chief administrative new text end 141.17 new text begin law judge may make a decision on the petition. new text end 141.18 new text begin (b) If 50 or more individual timely requests for hearing are received, the chief new text end 141.19 new text begin administrative law judge must hold a hearing on the petition according to the contested new text end 141.20 new text begin case provisions of chapter 14. The sanitary district proposers are responsible for paying all new text end 141.21 new text begin costs involved in publicizing and holding a hearing on the petition. new text end 141.22     new text begin Subd. 4. new text end new text begin Hearing time, place. new text end new text begin If a hearing is required pursuant to subdivision 3, the new text end 141.23 new text begin chief administrative law judge shall designate a time and place for a hearing according new text end 141.24 new text begin to section 442A.13. new text end 141.25     new text begin Subd. 5. new text end new text begin Relevant factors. new text end new text begin (a) In arriving at a decision, the chief administrative law new text end 141.26 new text begin judge shall consider the following factors: new text end 141.27 new text begin (1) administrative feasibility under subdivision 1, paragraph (a); new text end 141.28 new text begin (2) public health, safety, and welfare impacts; new text end 141.29 new text begin (3) alternatives for managing the public health impacts; new text end 141.30 new text begin (4) equities of the petition proposal; new text end 141.31 new text begin (5) contours of the petition proposal; and new text end 141.32 new text begin (6) public notification of and interaction on the petition proposal. new text end 141.33 new text begin (b) Based on the factors in paragraph (a), the chief administrative law judge may new text end 141.34 new text begin order the sanitary district creation on finding that: new text end 141.35 new text begin (1) the proposed district is administratively feasible; new text end 142.1 new text begin (2) the proposed district provides a long-term, equitable solution to pollution new text end 142.2 new text begin problems affecting public health, safety, and welfare; new text end 142.3 new text begin (3) property owners within the proposed district were provided notice of the new text end 142.4 new text begin proposed district and opportunity to comment on the petition proposal; and new text end 142.5 new text begin (4) the petition complied with the requirements of all applicable statutes and rules new text end 142.6 new text begin pertaining to sanitary district creation. new text end 142.7 new text begin (c) The chief administrative law judge may alter the boundaries of the proposed new text end 142.8 new text begin sanitary district by increasing or decreasing the area to be included or may exclude new text end 142.9 new text begin property that may be better served by another unit of government. The chief administrative new text end 142.10 new text begin law judge may also alter the boundaries of the proposed district so as to follow visible, new text end 142.11 new text begin clearly recognizable physical features for municipal boundaries. new text end 142.12 new text begin (d) The chief administrative law judge may deny sanitary district creation if the area, new text end 142.13 new text begin or a part thereof, would be better served by an alternative method. new text end 142.14 new text begin (e) In all cases, the chief administrative law judge shall set forth the factors that are new text end 142.15 new text begin the basis for the decision. new text end 142.16     new text begin Subd. 6. new text end new text begin Findings; order. new text end new text begin After the public notice period or the public hearing, if new text end 142.17 new text begin required under subdivision 3, and based on the petition, any public comments received, new text end 142.18 new text begin and, if a hearing was held, the hearing record, the chief administrative law judge shall new text end 142.19 new text begin make findings of fact and conclusions determining whether the conditions requisite for the new text end 142.20 new text begin creation of a district exist in the territory described in the petition. If the chief administrative new text end 142.21 new text begin law judge finds that the conditions exist, the judge may make an order creating a district new text end 142.22 new text begin for the territory described in that petition under the name proposed in the petition or such new text end 142.23 new text begin other name, including the words "sanitary district," as the judge deems appropriate. new text end 142.24     new text begin Subd. 7. new text end new text begin Denial of petition. new text end new text begin If the chief administrative law judge, after conclusion new text end 142.25 new text begin of the public notice period or holding a hearing, if required, determines that the creation of new text end 142.26 new text begin a district in the territory described in the petition is not warranted, the judge shall make new text end 142.27 new text begin an order denying the petition. The chief administrative law judge shall give notice of the new text end 142.28 new text begin denial by mail or e-mail to each signer of the petition. No petition for the creation of a new text end 142.29 new text begin district consisting of the same territory shall be entertained within a year after the date of new text end 142.30 new text begin an order under this subdivision. Nothing in this subdivision precludes action on a petition new text end 142.31 new text begin for the creation of a district embracing part of the territory with or without other territory. new text end 142.32     new text begin Subd. 8. new text end new text begin Notice of order creating sanitary district. new text end new text begin The chief administrative law new text end 142.33 new text begin judge shall publish a notice in the State Register of the final order creating a sanitary new text end 142.34 new text begin district, referring to the date of the order and describing the territory of the district, and new text end 142.35 new text begin shall mail or e-mail information of the publication to each property owner in the affected new text end 142.36 new text begin territory at the owner's address as given by the county auditor. The information must state new text end 143.1 new text begin the date that the notice will appear in the State Register and give the Web site location new text end 143.2 new text begin for the State Register. The notice must: new text end 143.3 new text begin (1) describe the petition for creation of the district; new text end 143.4 new text begin (2) describe the territory affected by the petition; and new text end 143.5 new text begin (3) state that a certified copy of the order shall be delivered to the secretary of state new text end 143.6 new text begin for filing ten days after public notice of the order in the State Register. new text end 143.7     new text begin Subd. 9. new text end new text begin Filing. new text end new text begin Ten days after public notice of the order in the State Register, the new text end 143.8 new text begin chief administrative law judge shall deliver a certified copy of the order to the secretary new text end 143.9 new text begin of state for filing. Thereupon, the creation of the district is deemed complete, and it new text end 143.10 new text begin shall be conclusively presumed that all requirements of law relating thereto have been new text end 143.11 new text begin complied with. The chief administrative law judge shall also transmit a certified copy of new text end 143.12 new text begin the order for filing to the county auditor of each county and the clerk or recorder of each new text end 143.13 new text begin municipality and organized town wherein any part of the territory of the district is situated new text end 143.14 new text begin and to the secretary of the district board when elected. new text end 143.15    Sec. 7. new text begin [442A.05] SANITARY DISTRICT ANNEXATION. new text end 143.16     new text begin Subdivision 1. new text end new text begin Annexation. new text end new text begin (a) A sanitary district annexation may occur under new text end 143.17 new text begin this chapter for any area adjacent to an existing district upon a petition to the chief new text end 143.18 new text begin administrative law judge stating the grounds therefor as provided in this section. new text end 143.19 new text begin (b) The proposed annexation area must embrace an area or a group of two or more new text end 143.20 new text begin adjacent areas, whether contiguous or separate, but not situated entirely within the limits new text end 143.21 new text begin of a single municipality. The proposed annexation must promote public health and new text end 143.22 new text begin welfare by providing an adequate and efficient system and means of collecting, conveying, new text end 143.23 new text begin pumping, treating, and disposing of domestic sewage and garbage and industrial wastes new text end 143.24 new text begin within the district. When the chief administrative law judge or the Minnesota Pollution new text end 143.25 new text begin Control Agency finds that there is need throughout the territory for the accomplishment of new text end 143.26 new text begin these purposes, that these purposes can be effectively accomplished on an equitable basis new text end 143.27 new text begin by annexation to a district, and that the creation and maintenance of such annexation will new text end 143.28 new text begin be administratively feasible and in furtherance of the public health, safety, and welfare, new text end 143.29 new text begin the chief administrative law judge shall make an order for sanitary district annexation. An new text end 143.30 new text begin annexation is administratively feasible under this section if the district has the financial new text end 143.31 new text begin and managerial resources needed to deliver adequate and efficient sanitary sewer services new text end 143.32 new text begin within the proposed annexation. new text end 143.33 new text begin (c) Notwithstanding paragraph (b), no annexation to a district shall be approved new text end 143.34 new text begin within 25 miles of the boundary of any city of the first class without the approval new text end 143.35 new text begin of the governing body thereof and the approval of the governing body of each and new text end 144.1 new text begin every municipality in the proposed annexation area by resolution filed with the chief new text end 144.2 new text begin administrative law judge. new text end 144.3 new text begin (d) If the chief administrative law judge and the Minnesota Pollution Control Agency new text end 144.4 new text begin disagree on the need for a sanitary district annexation, they must determine whether not new text end 144.5 new text begin allowing the sanitary district annexation will have a detrimental effect on the environment. new text end 144.6 new text begin If it is determined that the sanitary district annexation will prevent environmental harm, new text end 144.7 new text begin the sanitary district annexation or connection to an existing wastewater treatment system new text end 144.8 new text begin must occur. new text end 144.9     new text begin Subd. 2. new text end new text begin Proceeding for annexation. new text end new text begin (a) A proceeding for sanitary district new text end 144.10 new text begin annexation may be initiated by a petition to the chief administrative law judge containing new text end 144.11 new text begin the following: new text end 144.12 new text begin (1) a request for proposed annexation to a sanitary district; new text end 144.13 new text begin (2) a legal description of the territory of the proposed annexation, including new text end 144.14 new text begin justification for inclusion or exclusion for all parcels; new text end 144.15 new text begin (3) addresses of every property owner within the existing sanitary district and new text end 144.16 new text begin proposed annexation area boundaries as provided by the county auditor, with certification new text end 144.17 new text begin from the county auditor; two sets of address labels for said owners; and a list of e-mail new text end 144.18 new text begin addresses for said owners, if available; new text end 144.19 new text begin (4) a statement showing the existence in such territory of the conditions requisite new text end 144.20 new text begin for annexation to a district as prescribed in subdivision 1; new text end 144.21 new text begin (5) a statement of the territorial units represented by and qualifications of the new text end 144.22 new text begin respective signers; and new text end 144.23 new text begin (6) the post office address of each signer, given under the signer's signature. new text end 144.24 new text begin A petition may consist of separate writings of like effect, each signed by one or more new text end 144.25 new text begin qualified persons, and all such writings, when filed, shall be considered together as a new text end 144.26 new text begin single petition. new text end 144.27 new text begin (b) Petitioners must conduct and pay for a public meeting to inform citizens of the new text end 144.28 new text begin proposed annexation to a sanitary district. At the meeting, information must be provided, new text end 144.29 new text begin including a description of the existing sanitary district's structure, bylaws, territory, new text end 144.30 new text begin ordinances, budget, and charges; a description of the existing sanitary district's territory; new text end 144.31 new text begin and a description of the territory of the proposed annexation area, including justification new text end 144.32 new text begin for inclusion or exclusion for all parcels for the annexation area. Notice of the meeting new text end 144.33 new text begin must be published for two successive weeks in a qualified newspaper, as defined under new text end 144.34 new text begin chapter 331A, published within the territories of the existing sanitary district and proposed new text end 144.35 new text begin annexation area or, if there is no qualified newspaper published within those territories, in new text end 144.36 new text begin a qualified newspaper of general circulation in the territories, and must be posted for two new text end 145.1 new text begin weeks in each territorial unit of the existing sanitary district and proposed annexation area new text end 145.2 new text begin and on the Web site of the existing sanitary district, if one exists. Notice of the meeting new text end 145.3 new text begin must be mailed or e-mailed at least three weeks prior to the meeting to all property tax new text end 145.4 new text begin billing addresses for all parcels included in the existing sanitary district and proposed new text end 145.5 new text begin annexation area. The following must be submitted to the chief administrative law judge new text end 145.6 new text begin with the petition: new text end 145.7 new text begin (1) a record of the meeting, including copies of all information provided at the new text end 145.8 new text begin meeting; new text end 145.9 new text begin (2) a copy of the mailing list provided by the county auditor and used to notify new text end 145.10 new text begin property owners of the meeting; new text end 145.11 new text begin (3) a copy of the e-mail list used to notify property owners of the meeting; new text end 145.12 new text begin (4) the printer's affidavit of publication of the public meeting notice; new text end 145.13 new text begin (5) an affidavit of posting the public meeting notice with information on dates and new text end 145.14 new text begin locations of posting; and new text end 145.15 new text begin (6) the minutes or other record of the public meeting documenting that the following new text end 145.16 new text begin topics were discussed: printer's affidavit of publication of each resolution, with copy new text end 145.17 new text begin of resolution from newspaper attached; and affidavit of resolution posting on town or new text end 145.18 new text begin existing sanitary district Web site. new text end 145.19 new text begin (c) Every petition must be signed as follows: new text end 145.20 new text begin (1) by an authorized officer of the existing sanitary district pursuant to a resolution new text end 145.21 new text begin of the board; new text end 145.22 new text begin (2) for each municipality wherein there is a territorial unit of the proposed annexation new text end 145.23 new text begin area, by an authorized officer pursuant to a resolution of the municipal governing body; new text end 145.24 new text begin (3) for each organized town wherein there is a territorial unit of the proposed new text end 145.25 new text begin annexation area, by an authorized officer pursuant to a resolution of the town board; and new text end 145.26 new text begin (4) for each county wherein there is a territorial unit of the proposed annexation area new text end 145.27 new text begin consisting of an unorganized area, by an authorized officer pursuant to a resolution of the new text end 145.28 new text begin county board or by at least 20 percent of the voters residing and owning land within the unit. new text end 145.29 new text begin (d) Each resolution must be published in the official newspaper of the governing new text end 145.30 new text begin body adopting it and becomes effective 40 days after publication, unless within said new text end 145.31 new text begin period there shall be filed with the governing body a petition signed by qualified electors new text end 145.32 new text begin of a territorial unit of the proposed annexation area, equal in number to five percent of the new text end 145.33 new text begin number of electors voting at the last preceding election of the governing body, requesting new text end 145.34 new text begin a referendum on the resolution, in which case the resolution may not become effective new text end 145.35 new text begin until approved by a majority of the qualified electors voting at a regular election or special new text end 145.36 new text begin election that the governing body may call. The notice of an election and the ballot to be new text end 146.1 new text begin used must contain the text of the resolution followed by the question: "Shall the above new text end 146.2 new text begin resolution be approved?" new text end 146.3 new text begin (e) If any signer is alleged to be a landowner in a territorial unit, a statement as to new text end 146.4 new text begin the signer's landowner status as shown by the county auditor's tax assessment records, new text end 146.5 new text begin certified by the auditor, shall be attached to or endorsed upon the petition. new text end 146.6 new text begin (f) At any time before publication of the public notice required in subdivision 4, new text end 146.7 new text begin additional signatures may be added to the petition or amendments of the petition may be new text end 146.8 new text begin made to correct or remedy any error or defect in signature or otherwise except a material new text end 146.9 new text begin error or defect in the description of the territory of the proposed annexation area. If the new text end 146.10 new text begin qualifications of any signer of a petition are challenged, the chief administrative law judge new text end 146.11 new text begin shall determine the challenge forthwith on the allegations of the petition, the county new text end 146.12 new text begin auditor's certificate of land ownership, and such other evidence as may be received. new text end 146.13     new text begin Subd. 3. new text end new text begin Joint petition. new text end new text begin Different areas may be annexed to a district in a single new text end 146.14 new text begin proceeding upon a joint petition therefor and upon compliance with the provisions of new text end 146.15 new text begin subdivisions 1 and 2 with respect to the area affected so far as applicable. new text end 146.16     new text begin Subd. 4. new text end new text begin Notice of intent for sanitary district annexation. new text end new text begin (a) Upon receipt new text end 146.17 new text begin of a petition and the record of public meeting required under subdivision 2, the chief new text end 146.18 new text begin administrative law judge shall publish a notice of intent for sanitary district annexation new text end 146.19 new text begin in the State Register and mail or e-mail information of the publication to each property new text end 146.20 new text begin owner in the affected territory at the owner's address as given by the county auditor. The new text end 146.21 new text begin information must state the date that the notice will appear in the State Register and give new text end 146.22 new text begin the Web site location for the State Register. The notice must: new text end 146.23 new text begin (1) describe the petition for sanitary district annexation; new text end 146.24 new text begin (2) describe the territory affected by the petition; new text end 146.25 new text begin (3) allow 30 days for submission of written comments on the petition; new text end 146.26 new text begin (4) state that a person who objects to the petition may submit a written request for new text end 146.27 new text begin hearing to the chief administrative law judge within 30 days of the publication of the new text end 146.28 new text begin notice in the State Register; and new text end 146.29 new text begin (5) state that if a timely request for hearing is not received, the chief administrative new text end 146.30 new text begin law judge may make a decision on the petition. new text end 146.31 new text begin (b) If 50 or more individual timely requests for hearing are received, the chief new text end 146.32 new text begin administrative law judge must hold a hearing on the petition according to the contested case new text end 146.33 new text begin provisions of chapter 14. The sanitary district or annexation area proposers are responsible new text end 146.34 new text begin for paying all costs involved in publicizing and holding a hearing on the petition. new text end 147.1     new text begin Subd. 5. new text end new text begin Hearing time, place. new text end new text begin If a hearing is required under subdivision 4, the new text end 147.2 new text begin chief administrative law judge shall designate a time and place for a hearing according new text end 147.3 new text begin to section 442A.13. new text end 147.4     new text begin Subd. 6. new text end new text begin Relevant factors. new text end new text begin (a) In arriving at a decision, the chief administrative law new text end 147.5 new text begin judge shall consider the following factors: new text end 147.6 new text begin (1) administrative feasibility under subdivision 1, paragraph (b); new text end 147.7 new text begin (2) public health, safety, and welfare impacts; new text end 147.8 new text begin (3) alternatives for managing the public health impacts; new text end 147.9 new text begin (4) equities of the petition proposal; new text end 147.10 new text begin (5) contours of the petition proposal; and new text end 147.11 new text begin (6) public notification of and interaction on the petition proposal. new text end 147.12 new text begin (b) Based upon these factors, the chief administrative law judge may order the new text end 147.13 new text begin annexation to the sanitary district on finding that: new text end 147.14 new text begin (1) the sanitary district is knowledgeable and experienced in delivering sanitary sewer new text end 147.15 new text begin services to ratepayers and has provided quality service in a fair and cost-effective manner; new text end 147.16 new text begin (2) the proposed annexation provides a long-term, equitable solution to pollution new text end 147.17 new text begin problems affecting public health, safety, and welfare; new text end 147.18 new text begin (3) property owners within the existing sanitary district and proposed annexation new text end 147.19 new text begin area were provided notice of the proposed district and opportunity to comment on the new text end 147.20 new text begin petition proposal; and new text end 147.21 new text begin (4) the petition complied with the requirements of all applicable statutes and rules new text end 147.22 new text begin pertaining to sanitary district annexation. new text end 147.23 new text begin (c) The chief administrative law judge may alter the boundaries of the proposed new text end 147.24 new text begin annexation area by increasing or decreasing the area to be included or may exclude new text end 147.25 new text begin property that may be better served by another unit of government. The chief administrative new text end 147.26 new text begin law judge may also alter the boundaries of the proposed annexation area so as to follow new text end 147.27 new text begin visible, clearly recognizable physical features for municipal boundaries. new text end 147.28 new text begin (d) The chief administrative law judge may deny sanitary district annexation if the new text end 147.29 new text begin area, or a part thereof, would be better served by an alternative method. new text end 147.30 new text begin (e) In all cases, the chief administrative law judge shall set forth the factors that are new text end 147.31 new text begin the basis for the decision. new text end 147.32     new text begin Subd. 7. new text end new text begin Findings; order. new text end new text begin (a) After the public notice period or the public hearing, if new text end 147.33 new text begin required under subdivision 4, and based on the petition, any public comments received, new text end 147.34 new text begin and, if a hearing was held, the hearing record, the chief administrative law judge shall new text end 147.35 new text begin make findings of fact and conclusions determining whether the conditions requisite for new text end 147.36 new text begin the sanitary district annexation exist in the territory described in the petition. If the chief new text end 148.1 new text begin administrative law judge finds that conditions exist, the judge may make an order for new text end 148.2 new text begin sanitary district annexation for the territory described in the petition. new text end 148.3 new text begin (b) All taxable property within the annexed area shall be subject to taxation for new text end 148.4 new text begin any existing bonded indebtedness or other indebtedness of the district for the cost of new text end 148.5 new text begin acquisition, construction, or improvement of any disposal system or other works or new text end 148.6 new text begin facilities beneficial to the annexed area to such extent as the chief administrative law judge new text end 148.7 new text begin may determine to be just and equitable, to be specified in the order for annexation. The new text end 148.8 new text begin proper officers shall levy further taxes on such property accordingly. new text end 148.9     new text begin Subd. 8. new text end new text begin Denial of petition. new text end new text begin If the chief administrative law judge, after conclusion new text end 148.10 new text begin of the public notice period or holding a hearing, if required, determines that the sanitary new text end 148.11 new text begin district annexation in the territory described in the petition is not warranted, the judge shall new text end 148.12 new text begin make an order denying the petition. The chief administrative law judge shall give notice new text end 148.13 new text begin of the denial by mail or e-mail to each signer of the petition. No petition for a sanitary new text end 148.14 new text begin district annexation consisting of the same territory shall be entertained within a year new text end 148.15 new text begin after the date of an order under this subdivision. Nothing in this subdivision precludes new text end 148.16 new text begin action on a petition for a sanitary district annexation embracing part of the territory with new text end 148.17 new text begin or without other territory. new text end 148.18     new text begin Subd. 9. new text end new text begin Notice of order for sanitary district annexation. new text end new text begin The chief administrative new text end 148.19 new text begin law judge shall publish in the State Register a notice of the final order for sanitary district new text end 148.20 new text begin annexation, referring to the date of the order and describing the territory of the annexation new text end 148.21 new text begin area, and shall mail or e-mail information of the publication to each property owner in the new text end 148.22 new text begin affected territory at the owner's address as given by the county auditor. The information new text end 148.23 new text begin must state the date that the notice will appear in the State Register and give the Web site new text end 148.24 new text begin location for the State Register. The notice must: new text end 148.25 new text begin (1) describe the petition for annexation to the district; new text end 148.26 new text begin (2) describe the territory affected by the petition; and new text end 148.27 new text begin (3) state that a certified copy of the order shall be delivered to the secretary of state new text end 148.28 new text begin for filing ten days after public notice of the order in the State Register. new text end 148.29     new text begin Subd. 10. new text end new text begin Filing. new text end new text begin Ten days after public notice of the order in the State Register, the new text end 148.30 new text begin chief administrative law judge shall deliver a certified copy of the order to the secretary new text end 148.31 new text begin of state for filing. Thereupon, the sanitary district annexation is deemed complete, and it new text end 148.32 new text begin shall be conclusively presumed that all requirements of law relating thereto have been new text end 148.33 new text begin complied with. The chief administrative law judge shall also transmit a certified copy of new text end 148.34 new text begin the order for filing to the county auditor of each county and the clerk or recorder of each new text end 148.35 new text begin municipality and organized town wherein any part of the territory of the district, including new text end 148.36 new text begin the newly annexed area, is situated and to the secretary of the district board. new text end 149.1    Sec. 8. new text begin [442A.06] SANITARY DISTRICT DETACHMENT. new text end 149.2     new text begin Subdivision 1. new text end new text begin Detachment. new text end new text begin (a) A sanitary district detachment may occur under this new text end 149.3 new text begin chapter for any area within an existing district upon a petition to the chief administrative new text end 149.4 new text begin law judge stating the grounds therefor as provided in this section. new text end 149.5 new text begin (b) The proposed detachment must not have any negative environmental impact new text end 149.6 new text begin on the proposed detachment area. new text end 149.7 new text begin (c) If the chief administrative law judge and the Minnesota Pollution Control new text end 149.8 new text begin Agency disagree on the need for a sanitary district detachment, they must determine new text end 149.9 new text begin whether not allowing the sanitary district detachment will have a detrimental effect on new text end 149.10 new text begin the environment. If it is determined that the sanitary district detachment will cause new text end 149.11 new text begin environmental harm, the sanitary district detachment is not allowed unless the detached new text end 149.12 new text begin area is immediately connected to an existing wastewater treatment system. new text end 149.13     new text begin Subd. 2. new text end new text begin Proceeding for detachment. new text end new text begin (a) A proceeding for sanitary district new text end 149.14 new text begin detachment may be initiated by a petition to the chief administrative law judge containing new text end 149.15 new text begin the following: new text end 149.16 new text begin (1) a request for proposed detachment from a sanitary district; new text end 149.17 new text begin (2) a statement that the requisite conditions for inclusion in a district no longer exist new text end 149.18 new text begin in the proposed detachment area; new text end 149.19 new text begin (3) a legal description of the territory of the proposed detachment, including new text end 149.20 new text begin justification for inclusion or exclusion for all parcels; new text end 149.21 new text begin (4) addresses of every property owner within the sanitary district and proposed new text end 149.22 new text begin detachment area boundaries as provided by the county auditor, with certification from the new text end 149.23 new text begin county auditor; two sets of address labels for said owners; and a list of e-mail addresses new text end 149.24 new text begin for said owners, if available; new text end 149.25 new text begin (5) a statement of the territorial units represented by and qualifications of the new text end 149.26 new text begin respective signers; and new text end 149.27 new text begin (6) the post office address of each signer, given under the signer's signature. new text end 149.28 new text begin A petition may consist of separate writings of like effect, each signed by one or more new text end 149.29 new text begin qualified persons, and all such writings, when filed, shall be considered together as a new text end 149.30 new text begin single petition. new text end 149.31 new text begin (b) Petitioners must conduct and pay for a public meeting to inform citizens of new text end 149.32 new text begin the proposed detachment from a sanitary district. At the meeting, information must be new text end 149.33 new text begin provided, including a description of the existing district's territory and a description of the new text end 149.34 new text begin territory of the proposed detachment area, including justification for inclusion or exclusion new text end 149.35 new text begin for all parcels for the detachment area. Notice of the meeting must be published for two new text end 149.36 new text begin successive weeks in a qualified newspaper, as defined under chapter 331A, published new text end 150.1 new text begin within the territories of the existing sanitary district and proposed detachment area or, if new text end 150.2 new text begin there is no qualified newspaper published within those territories, in a qualified newspaper new text end 150.3 new text begin of general circulation in the territories, and must be posted for two weeks in each territorial new text end 150.4 new text begin unit of the existing sanitary district and proposed detachment area and on the Web site new text end 150.5 new text begin of the existing sanitary district, if one exists. Notice of the meeting must be mailed or new text end 150.6 new text begin e-mailed at least three weeks prior to the meeting to all property tax billing addresses for new text end 150.7 new text begin all parcels included in the sanitary district. The following must be submitted to the chief new text end 150.8 new text begin administrative law judge with the petition: new text end 150.9 new text begin (1) a record of the meeting, including copies of all information provided at the new text end 150.10 new text begin meeting; new text end 150.11 new text begin (2) a copy of the mailing list provided by the county auditor and used to notify new text end 150.12 new text begin property owners of the meeting; new text end 150.13 new text begin (3) a copy of the e-mail list used to notify property owners of the meeting; new text end 150.14 new text begin (4) the printer's affidavit of publication of public meeting notice; new text end 150.15 new text begin (5) an affidavit of posting the public meeting notice with information on dates and new text end 150.16 new text begin locations of posting; and new text end 150.17 new text begin (6) minutes or other record of the public meeting documenting that the following new text end 150.18 new text begin topics were discussed: printer's affidavit of publication of each resolution, with copy new text end 150.19 new text begin of resolution from newspaper attached; and affidavit of resolution posting on town or new text end 150.20 new text begin existing sanitary district Web site. new text end 150.21 new text begin (c) Every petition must be signed as follows: new text end 150.22 new text begin (1) by an authorized officer of the existing sanitary district pursuant to a resolution new text end 150.23 new text begin of the board; new text end 150.24 new text begin (2) for each municipality wherein there is a territorial unit of the proposed detachment new text end 150.25 new text begin area, by an authorized officer pursuant to a resolution of the municipal governing body; new text end 150.26 new text begin (3) for each organized town wherein there is a territorial unit of the proposed new text end 150.27 new text begin detachment area, by an authorized officer pursuant to a resolution of the town board; and new text end 150.28 new text begin (4) for each county wherein there is a territorial unit of the proposed detachment area new text end 150.29 new text begin consisting of an unorganized area, by an authorized officer pursuant to a resolution of the new text end 150.30 new text begin county board or by at least 20 percent of the voters residing and owning land within the unit. new text end 150.31 new text begin (d) Each resolution must be published in the official newspaper of the governing new text end 150.32 new text begin body adopting it and becomes effective 40 days after publication, unless within said period new text end 150.33 new text begin there shall be filed with the governing body a petition signed by qualified electors of a new text end 150.34 new text begin territorial unit of the proposed detachment area, equal in number to five percent of the new text end 150.35 new text begin number of electors voting at the last preceding election of the governing body, requesting new text end 150.36 new text begin a referendum on the resolution, in which case the resolution may not become effective new text end 151.1 new text begin until approved by a majority of the qualified electors voting at a regular election or special new text end 151.2 new text begin election that the governing body may call. The notice of an election and the ballot to be new text end 151.3 new text begin used must contain the text of the resolution followed by the question: "Shall the above new text end 151.4 new text begin resolution be approved?" new text end 151.5 new text begin (e) If any signer is alleged to be a landowner in a territorial unit, a statement as to new text end 151.6 new text begin the signer's landowner status as shown by the county auditor's tax assessment records, new text end 151.7 new text begin certified by the auditor, shall be attached to or endorsed upon the petition. new text end 151.8 new text begin (f) At any time before publication of the public notice required in subdivision 4, new text end 151.9 new text begin additional signatures may be added to the petition or amendments of the petition may be new text end 151.10 new text begin made to correct or remedy any error or defect in signature or otherwise except a material new text end 151.11 new text begin error or defect in the description of the territory of the proposed detachment area. If the new text end 151.12 new text begin qualifications of any signer of a petition are challenged, the chief administrative law judge new text end 151.13 new text begin shall determine the challenge forthwith on the allegations of the petition, the county new text end 151.14 new text begin auditor's certificate of land ownership, and such other evidence as may be received. new text end 151.15     new text begin Subd. 3. new text end new text begin Joint petition. new text end new text begin Different areas may be detached from a district in a single new text end 151.16 new text begin proceeding upon a joint petition therefor and upon compliance with the provisions of new text end 151.17 new text begin subdivisions 1 and 2 with respect to the area affected so far as applicable. new text end 151.18     new text begin Subd. 4. new text end new text begin Notice of intent for sanitary district detachment. new text end new text begin (a) Upon receipt new text end 151.19 new text begin of a petition and record of public meeting required under subdivision 2, the chief new text end 151.20 new text begin administrative law judge shall publish a notice of intent for sanitary district detachment new text end 151.21 new text begin in the State Register and mail or e-mail information of the publication to each property new text end 151.22 new text begin owner in the affected territory at the owner's address as given by the county auditor. The new text end 151.23 new text begin information must state the date that the notice will appear in the State Register and give new text end 151.24 new text begin the Web site location for the State Register. The notice must: new text end 151.25 new text begin (1) describe the petition for sanitary district detachment; new text end 151.26 new text begin (2) describe the territory affected by the petition; new text end 151.27 new text begin (3) allow 30 days for submission of written comments on the petition; new text end 151.28 new text begin (4) state that a person who objects to the petition may submit a written request for new text end 151.29 new text begin hearing to the chief administrative law judge within 30 days of the publication of the new text end 151.30 new text begin notice in the State Register; and new text end 151.31 new text begin (5) state that if a timely request for hearing is not received, the chief administrative new text end 151.32 new text begin law judge may make a decision on the petition. new text end 151.33 new text begin (b) If 50 or more individual timely requests for hearing are received, the chief new text end 151.34 new text begin administrative law judge must hold a hearing on the petition according to the contested case new text end 151.35 new text begin provisions of chapter 14. The sanitary district or detachment area proposers are responsible new text end 151.36 new text begin for paying all costs involved in publicizing and holding a hearing on the petition. new text end 152.1     new text begin Subd. 5. new text end new text begin Hearing time, place. new text end new text begin If a hearing is required under subdivision 4, the new text end 152.2 new text begin chief administrative law judge shall designate a time and place for a hearing according new text end 152.3 new text begin to section 442A.13. new text end 152.4     new text begin Subd. 6. new text end new text begin Relevant factors. new text end new text begin (a) In arriving at a decision, the chief administrative law new text end 152.5 new text begin judge shall consider the following factors: new text end 152.6 new text begin (1) public health, safety, and welfare impacts for the proposed detachment area; new text end 152.7 new text begin (2) alternatives for managing the public health impacts for the proposed detachment new text end 152.8 new text begin area; new text end 152.9 new text begin (3) equities of the petition proposal; new text end 152.10 new text begin (4) contours of the petition proposal; and new text end 152.11 new text begin (5) public notification of and interaction on the petition proposal. new text end 152.12 new text begin (b) Based upon these factors, the chief administrative law judge may order the new text end 152.13 new text begin detachment from the sanitary district on finding that: new text end 152.14 new text begin (1) the proposed detachment area has adequate alternatives for managing public new text end 152.15 new text begin health impacts due to the detachment; new text end 152.16 new text begin (2) the proposed detachment area is not necessary for the district to provide a new text end 152.17 new text begin long-term, equitable solution to pollution problems affecting public health, safety, and new text end 152.18 new text begin welfare; new text end 152.19 new text begin (3) property owners within the existing sanitary district and proposed detachment new text end 152.20 new text begin area were provided notice of the proposed detachment and opportunity to comment on new text end 152.21 new text begin the petition proposal; and new text end 152.22 new text begin (4) the petition complied with the requirements of all applicable statutes and rules new text end 152.23 new text begin pertaining to sanitary district detachment. new text end 152.24 new text begin (c) The chief administrative law judge may alter the boundaries of the proposed new text end 152.25 new text begin detachment area by increasing or decreasing the area to be included or may exclude new text end 152.26 new text begin property that may be better served by another unit of government. The chief administrative new text end 152.27 new text begin law judge may also alter the boundaries of the proposed detachment area so as to follow new text end 152.28 new text begin visible, clearly recognizable physical features for municipal boundaries. new text end 152.29 new text begin (d) The chief administrative law judge may deny sanitary district detachment if the new text end 152.30 new text begin area, or a part thereof, would be better served by an alternative method. new text end 152.31 new text begin (e) In all cases, the chief administrative law judge shall set forth the factors that are new text end 152.32 new text begin the basis for the decision. new text end 152.33     new text begin Subd. 7. new text end new text begin Findings; order. new text end new text begin (a) After the public notice period or the public hearing, if new text end 152.34 new text begin required under subdivision 4, and based on the petition, any public comments received, new text end 152.35 new text begin and, if a hearing was held, the hearing record, the chief administrative law judge shall new text end 152.36 new text begin make findings of fact and conclusions determining whether the conditions requisite for new text end 153.1 new text begin the sanitary district detachment exist in the territory described in the petition. If the chief new text end 153.2 new text begin administrative law judge finds that conditions exist, the judge may make an order for new text end 153.3 new text begin sanitary district detachment for the territory described in the petition. new text end 153.4 new text begin (b) All taxable property within the detached area shall remain subject to taxation new text end 153.5 new text begin for any existing bonded indebtedness of the district to such extent as it would have been new text end 153.6 new text begin subject thereto if not detached and shall also remain subject to taxation for any other new text end 153.7 new text begin existing indebtedness of the district incurred for any purpose beneficial to such area to new text end 153.8 new text begin such extent as the chief administrative law judge may determine to be just and equitable, new text end 153.9 new text begin to be specified in the order for detachment. The proper officers shall levy further taxes on new text end 153.10 new text begin such property accordingly. new text end 153.11     new text begin Subd. 8. new text end new text begin Denial of petition. new text end new text begin If the chief administrative law judge, after conclusion new text end 153.12 new text begin of the public notice period or holding a hearing, if required, determines that the sanitary new text end 153.13 new text begin district detachment in the territory described in the petition is not warranted, the judge new text end 153.14 new text begin shall make an order denying the petition. The chief administrative law judge shall give new text end 153.15 new text begin notice of the denial by mail or e-mail to each signer of the petition. No petition for a new text end 153.16 new text begin detachment from a district consisting of the same territory shall be entertained within a new text end 153.17 new text begin year after the date of an order under this subdivision. Nothing in this subdivision precludes new text end 153.18 new text begin action on a petition for a detachment from a district embracing part of the territory with new text end 153.19 new text begin or without other territory. new text end 153.20     new text begin Subd. 9. new text end new text begin Notice of order for sanitary district detachment. new text end new text begin The chief new text end 153.21 new text begin administrative law judge shall publish in the State Register a notice of the final order new text end 153.22 new text begin for sanitary district detachment, referring to the date of the order and describing the new text end 153.23 new text begin territory of the detached area and shall mail or e-mail information of the publication new text end 153.24 new text begin to each property owner in the affected territory at the owner's address as given by the new text end 153.25 new text begin county auditor. The information must state the date that the notice will appear in the State new text end 153.26 new text begin Register and give the Web site location for the State Register. The notice must: new text end 153.27 new text begin (1) describe the petition for detachment from the district; new text end 153.28 new text begin (2) describe the territory affected by the petition; and new text end 153.29 new text begin (3) state that a certified copy of the order shall be delivered to the secretary of state new text end 153.30 new text begin for filing ten days after public notice of the order in the State Register. new text end 153.31     new text begin Subd. 10. new text end new text begin Filing. new text end new text begin Ten days after public notice of the order in the State Register, the new text end 153.32 new text begin chief administrative law judge shall deliver a certified copy of the order to the secretary of new text end 153.33 new text begin state for filing. Thereupon, the sanitary district detachment is deemed complete, and it new text end 153.34 new text begin shall be conclusively presumed that all requirements of law relating thereto have been new text end 153.35 new text begin complied with. The chief administrative law judge shall also transmit a certified copy of new text end 153.36 new text begin the order for filing to the county auditor of each county and the clerk or recorder of each new text end 154.1 new text begin municipality and organized town wherein any part of the territory of the district, including new text end 154.2 new text begin the newly detached area, is situated and to the secretary of the district board. new text end 154.3    Sec. 9. new text begin [442A.07] SANITARY DISTRICT DISSOLUTION. new text end 154.4     new text begin Subdivision 1. new text end new text begin Dissolution. new text end new text begin (a) An existing sanitary district may be dissolved under new text end 154.5 new text begin this chapter upon a petition to the chief administrative law judge stating the grounds new text end 154.6 new text begin therefor as provided in this section. new text end 154.7 new text begin (b) The proposed dissolution must not have any negative environmental impact on new text end 154.8 new text begin the existing sanitary district area. new text end 154.9 new text begin (c) If the chief administrative law judge and the Minnesota Pollution Control new text end 154.10 new text begin Agency disagree on the need to dissolve a sanitary district, they must determine whether new text end 154.11 new text begin not dissolving the sanitary district will have a detrimental effect on the environment. If new text end 154.12 new text begin it is determined that the sanitary district dissolution will cause environmental harm, the new text end 154.13 new text begin sanitary district dissolution is not allowed unless the existing sanitary district area is new text end 154.14 new text begin immediately connected to an existing wastewater treatment system. new text end 154.15     new text begin Subd. 2. new text end new text begin Proceeding for dissolution. new text end new text begin (a) A proceeding for sanitary district new text end 154.16 new text begin dissolution may be initiated by a petition to the chief administrative law judge containing new text end 154.17 new text begin the following: new text end 154.18 new text begin (1) a request for proposed sanitary district dissolution; new text end 154.19 new text begin (2) a statement that the requisite conditions for a sanitary district no longer exist new text end 154.20 new text begin in the district area; new text end 154.21 new text begin (3) a proposal for distribution of the remaining funds of the district, if any, among new text end 154.22 new text begin the related governmental subdivisions; new text end 154.23 new text begin (4) a legal description of the territory of the proposed dissolution; new text end 154.24 new text begin (5) addresses of every property owner within the sanitary district boundaries as new text end 154.25 new text begin provided by the county auditor, with certification from the county auditor; two sets of new text end 154.26 new text begin address labels for said owners; and a list of e-mail addresses for said owners, if available; new text end 154.27 new text begin (6) a statement of the territorial units represented by and the qualifications of the new text end 154.28 new text begin respective signers; and new text end 154.29 new text begin (7) the post office address of each signer, given under the signer's signature. new text end 154.30 new text begin A petition may consist of separate writings of like effect, each signed by one or more new text end 154.31 new text begin qualified persons, and all such writings, when filed, shall be considered together as a new text end 154.32 new text begin single petition. new text end 154.33 new text begin (b) Petitioners must conduct and pay for a public meeting to inform citizens of the new text end 154.34 new text begin proposed dissolution of a sanitary district. At the meeting, information must be provided, new text end 154.35 new text begin including a description of the existing district's territory. Notice of the meeting must be new text end 155.1 new text begin published for two successive weeks in a qualified newspaper, as defined under chapter new text end 155.2 new text begin 331A, published within the territory of the sanitary district or, if there is no qualified new text end 155.3 new text begin newspaper published within that territory, in a qualified newspaper of general circulation new text end 155.4 new text begin in the territory and must be posted for two weeks in each territorial unit of the sanitary new text end 155.5 new text begin district and on the Web site of the existing sanitary district, if one exists. Notice of the new text end 155.6 new text begin meeting must be mailed or e-mailed at least three weeks prior to the meeting to all property new text end 155.7 new text begin tax billing addresses for all parcels included in the sanitary district. The following must be new text end 155.8 new text begin submitted to the chief administrative law judge with the petition: new text end 155.9 new text begin (1) a record of the meeting, including copies of all information provided at the new text end 155.10 new text begin meeting; new text end 155.11 new text begin (2) a copy of the mailing list provided by the county auditor and used to notify new text end 155.12 new text begin property owners of the meeting; new text end 155.13 new text begin (3) a copy of the e-mail list used to notify property owners of the meeting; new text end 155.14 new text begin (4) the printer's affidavit of publication of public meeting notice; new text end 155.15 new text begin (5) an affidavit of posting the public meeting notice with information on dates and new text end 155.16 new text begin locations of posting; and new text end 155.17 new text begin (6) minutes or other record of the public meeting documenting that the following new text end 155.18 new text begin topics were discussed: printer's affidavit of publication of each resolution, with copy new text end 155.19 new text begin of resolution from newspaper attached; and affidavit of resolution posting on town or new text end 155.20 new text begin existing sanitary district Web site. new text end 155.21 new text begin (c) Every petition must be signed as follows: new text end 155.22 new text begin (1) by an authorized officer of the existing sanitary district pursuant to a resolution new text end 155.23 new text begin of the board; new text end 155.24 new text begin (2) for each municipality wherein there is a territorial unit of the existing sanitary new text end 155.25 new text begin district, by an authorized officer pursuant to a resolution of the municipal governing body; new text end 155.26 new text begin (3) for each organized town wherein there is a territorial unit of the existing sanitary new text end 155.27 new text begin district, by an authorized officer pursuant to a resolution of the town board; and new text end 155.28 new text begin (4) for each county wherein there is a territorial unit of the existing sanitary district new text end 155.29 new text begin consisting of an unorganized area, by an authorized officer pursuant to a resolution of the new text end 155.30 new text begin county board or by at least 20 percent of the voters residing and owning land within the unit. new text end 155.31 new text begin (d) Each resolution must be published in the official newspaper of the governing body new text end 155.32 new text begin adopting it and becomes effective 40 days after publication, unless within said period there new text end 155.33 new text begin shall be filed with the governing body a petition signed by qualified electors of a territorial new text end 155.34 new text begin unit of the district, equal in number to five percent of the number of electors voting at the new text end 155.35 new text begin last preceding election of the governing body, requesting a referendum on the resolution, new text end 155.36 new text begin in which case the resolution may not become effective until approved by a majority of the new text end 156.1 new text begin qualified electors voting at a regular election or special election that the governing body new text end 156.2 new text begin may call. The notice of an election and the ballot to be used must contain the text of the new text end 156.3 new text begin resolution followed by the question: "Shall the above resolution be approved?" new text end 156.4 new text begin (e) If any signer is alleged to be a landowner in a territorial unit, a statement as to new text end 156.5 new text begin the signer's landowner status as shown by the county auditor's tax assessment records, new text end 156.6 new text begin certified by the auditor, shall be attached to or endorsed upon the petition. new text end 156.7 new text begin (f) At any time before publication of the public notice required in subdivision 3, new text end 156.8 new text begin additional signatures may be added to the petition or amendments of the petition may be new text end 156.9 new text begin made to correct or remedy any error or defect in signature or otherwise except a material new text end 156.10 new text begin error or defect in the description of the territory of the proposed dissolution area. If the new text end 156.11 new text begin qualifications of any signer of a petition are challenged, the chief administrative law judge new text end 156.12 new text begin shall determine the challenge forthwith on the allegations of the petition, the county new text end 156.13 new text begin auditor's certificate of land ownership, and such other evidence as may be received. new text end 156.14     new text begin Subd. 3. new text end new text begin Notice of intent for sanitary district dissolution. new text end new text begin (a) Upon receipt new text end 156.15 new text begin of a petition and record of the public meeting required under subdivision 2, the chief new text end 156.16 new text begin administrative law judge shall publish a notice of intent of sanitary district dissolution new text end 156.17 new text begin in the State Register and mail or e-mail information of the publication to each property new text end 156.18 new text begin owner in the affected territory at the owner's address as given by the county auditor. The new text end 156.19 new text begin information must state the date that the notice will appear in the State Register and give new text end 156.20 new text begin the Web site location for the State Register. The notice must: new text end 156.21 new text begin (1) describe the petition for sanitary district dissolution; new text end 156.22 new text begin (2) describe the territory affected by the petition; new text end 156.23 new text begin (3) allow 30 days for submission of written comments on the petition; new text end 156.24 new text begin (4) state that a person who objects to the petition may submit a written request for new text end 156.25 new text begin hearing to the chief administrative law judge within 30 days of the publication of the new text end 156.26 new text begin notice in the State Register; and new text end 156.27 new text begin (5) state that if a timely request for hearing is not received, the chief administrative new text end 156.28 new text begin law judge may make a decision on the petition. new text end 156.29 new text begin (b) If 50 or more individual timely requests for hearing are received, the chief new text end 156.30 new text begin administrative law judge must hold a hearing on the petition according to the contested new text end 156.31 new text begin case provisions of chapter 14. The sanitary district dissolution proposers are responsible new text end 156.32 new text begin for paying all costs involved in publicizing and holding a hearing on the petition. new text end 156.33     new text begin Subd. 4. new text end new text begin Hearing time, place. new text end new text begin If a hearing is required under subdivision 3, the new text end 156.34 new text begin chief administrative law judge shall designate a time and place for a hearing according new text end 156.35 new text begin to section 442A.13. new text end 157.1     new text begin Subd. 5. new text end new text begin Relevant factors. new text end new text begin (a) In arriving at a decision, the chief administrative law new text end 157.2 new text begin judge shall consider the following factors: new text end 157.3 new text begin (1) public health, safety, and welfare impacts for the proposed dissolution; new text end 157.4 new text begin (2) alternatives for managing the public health impacts for the proposed dissolution; new text end 157.5 new text begin (3) equities of the petition proposal; new text end 157.6 new text begin (4) contours of the petition proposal; and new text end 157.7 new text begin (5) public notification of and interaction on the petition proposal. new text end 157.8 new text begin (b) Based upon these factors, the chief administrative law judge may order the new text end 157.9 new text begin dissolution of the sanitary district on finding that: new text end 157.10 new text begin (1) the proposed dissolution area has adequate alternatives for managing public new text end 157.11 new text begin health impacts due to the dissolution; new text end 157.12 new text begin (2) the sanitary district is not necessary to provide a long-term, equitable solution to new text end 157.13 new text begin pollution problems affecting public health, safety, and welfare; new text end 157.14 new text begin (3) property owners within the sanitary district were provided notice of the proposed new text end 157.15 new text begin dissolution and opportunity to comment on the petition proposal; and new text end 157.16 new text begin (4) the petition complied with the requirements of all applicable statutes and rules new text end 157.17 new text begin pertaining to sanitary district dissolution. new text end 157.18 new text begin (c) The chief administrative law judge may alter the boundaries of the proposed new text end 157.19 new text begin dissolution area by increasing or decreasing the area to be included or may exclude new text end 157.20 new text begin property that may be better served by another unit of government. The chief administrative new text end 157.21 new text begin law judge may also alter the boundaries of the proposed dissolution area so as to follow new text end 157.22 new text begin visible, clearly recognizable physical features for municipal boundaries. new text end 157.23 new text begin (d) The chief administrative law judge may deny sanitary district dissolution if the new text end 157.24 new text begin area, or a part thereof, would be better served by an alternative method. new text end 157.25 new text begin (e) In all cases, the chief administrative law judge shall set forth the factors that are new text end 157.26 new text begin the basis for the decision. new text end 157.27     new text begin Subd. 6. new text end new text begin Findings; order. new text end new text begin (a) After the public notice period or the public hearing, if new text end 157.28 new text begin required under subdivision 3, and based on the petition, any public comments received, new text end 157.29 new text begin and, if a hearing was held, the hearing record, the chief administrative law judge shall new text end 157.30 new text begin make findings of fact and conclusions determining whether the conditions requisite for new text end 157.31 new text begin the sanitary district dissolution exist in the territory described in the petition. If the chief new text end 157.32 new text begin administrative law judge finds that conditions exist, the judge may make an order for new text end 157.33 new text begin sanitary district dissolution for the territory described in the petition. new text end 157.34 new text begin (b) If the chief administrative law judge determines that the conditions requisite for new text end 157.35 new text begin the creation of the district no longer exist therein, that all indebtedness of the district has new text end 157.36 new text begin been paid, and that all property of the district except funds has been disposed of, the judge new text end 158.1 new text begin may make an order dissolving the district and directing the distribution of its remaining new text end 158.2 new text begin funds, if any, among the related governmental subdivisions on such basis as the chief new text end 158.3 new text begin administrative law judge determines to be just and equitable, to be specified in the order. new text end 158.4     new text begin Subd. 7. new text end new text begin Denial of petition. new text end new text begin If the chief administrative law judge, after conclusion new text end 158.5 new text begin of the public notice period or holding a hearing, if required, determines that the sanitary new text end 158.6 new text begin district dissolution in the territory described in the petition is not warranted, the judge new text end 158.7 new text begin shall make an order denying the petition. The chief administrative law judge shall give new text end 158.8 new text begin notice of the denial by mail or e-mail to each signer of the petition. No petition for the new text end 158.9 new text begin dissolution of a district consisting of the same territory shall be entertained within a year new text end 158.10 new text begin after the date of an order under this subdivision. new text end 158.11     new text begin Subd. 8. new text end new text begin Notice of order for sanitary district dissolution. new text end new text begin The chief administrative new text end 158.12 new text begin law judge shall publish in the State Register a notice of the final order for sanitary new text end 158.13 new text begin district dissolution, referring to the date of the order and describing the territory of the new text end 158.14 new text begin dissolved district and shall mail or e-mail information of the publication to each property new text end 158.15 new text begin owner in the affected territory at the owner's address as given by the county auditor. The new text end 158.16 new text begin information must state the date that the notice will appear in the State Register and give new text end 158.17 new text begin the Web site location of the State Register. The notice must: new text end 158.18 new text begin (1) describe the petition for dissolution of the district; new text end 158.19 new text begin (2) describe the territory affected by the petition; and new text end 158.20 new text begin (3) state that a certified copy of the order shall be delivered to the secretary of state new text end 158.21 new text begin for filing ten days after public notice of the order in the State Register. new text end 158.22     new text begin Subd. 9. new text end new text begin Filing. new text end new text begin (a) Ten days after public notice of the order in the State Register, new text end 158.23 new text begin the chief administrative law judge shall deliver a certified copy of the order to the secretary new text end 158.24 new text begin of state for filing. Thereupon, the sanitary district dissolution is deemed complete, and it new text end 158.25 new text begin shall be conclusively presumed that all requirements of law relating thereto have been new text end 158.26 new text begin complied with. The chief administrative law judge shall also transmit a certified copy of new text end 158.27 new text begin the order for filing to the county auditor of each county and the clerk or recorder of each new text end 158.28 new text begin municipality and organized town wherein any part of the territory of the dissolved district new text end 158.29 new text begin is situated and to the secretary of the district board. new text end 158.30 new text begin (b) The chief administrative law judge shall also transmit a certified copy of the order new text end 158.31 new text begin to the treasurer of the district, who must thereupon distribute the remaining funds of the new text end 158.32 new text begin district as directed by the order and who is responsible for the funds until so distributed. new text end 158.33    Sec. 10. new text begin [442A.08] JOINT PUBLIC INFORMATIONAL MEETING. new text end 158.34 new text begin There must be a joint public informational meeting of the local governments of any new text end 158.35 new text begin proposed sanitary district creation, annexation, detachment, or dissolution. The joint public new text end 159.1 new text begin informational meeting must be held after the final mediation meeting or the final meeting new text end 159.2 new text begin held according to section 442A.02, subdivision 8, if any, and before the hearing on the new text end 159.3 new text begin matter is held. If no mediation meetings are held, the joint public informational meeting new text end 159.4 new text begin must be held after the initiating documents have been filed and before the hearing on the new text end 159.5 new text begin matter. The time, date, and place of the public informational meeting must be determined new text end 159.6 new text begin jointly by the local governments in the proposed creation, annexation, detachment, or new text end 159.7 new text begin dissolution areas and by the sanitary district, if one exists. The chair of the sanitary district, new text end 159.8 new text begin if one exists, and the responsible official for one of the local governments represented at new text end 159.9 new text begin the meeting must serve as the co-chairs for the informational meeting. Notice of the time, new text end 159.10 new text begin date, place, and purpose of the informational meeting must be posted by the sanitary new text end 159.11 new text begin district, if one exists, and local governments in designated places for posting notices. The new text end 159.12 new text begin sanitary district, if one exists, and represented local governments must also publish, at their new text end 159.13 new text begin own expense, notice in their respective official newspapers. If the same official newspaper new text end 159.14 new text begin is used by multiple local government representatives or the sanitary district, a joint notice new text end 159.15 new text begin may be published and the costs evenly divided. All notice required by this section must new text end 159.16 new text begin be provided at least ten days before the date for the public informational meeting. At the new text end 159.17 new text begin public informational meeting, all persons appearing must have an opportunity to be heard, new text end 159.18 new text begin but the co-chairs may, by mutual agreement, establish the amount of time allowed for each new text end 159.19 new text begin speaker. The sanitary district board, the local government representatives, and any resident new text end 159.20 new text begin or affected property owner may be represented by counsel and may place into the record of new text end 159.21 new text begin the informational meeting documents, expert opinions, or other materials supporting their new text end 159.22 new text begin positions on issues raised by the proposed proceeding. The secretary of the sanitary district, new text end 159.23 new text begin if one exists, or a person appointed by the chair must record minutes of the proceedings of new text end 159.24 new text begin the informational meeting and must make an audio recording of the informational meeting. new text end 159.25 new text begin The sanitary district, if one exists, or a person appointed by the chair must provide the new text end 159.26 new text begin chief administrative law judge and the represented local governments with a copy of the new text end 159.27 new text begin printed minutes and must provide the chief administrative law judge and the represented new text end 159.28 new text begin local governments with a copy of the audio recording. The record of the informational new text end 159.29 new text begin meeting for a proceeding under section 442A.04, 442A.05, 442A.06, or 442A.07 is new text end 159.30 new text begin admissible in any proceeding under this chapter and shall be taken into consideration by new text end 159.31 new text begin the chief administrative law judge or the chief administrative law judge's designee. new text end 159.32    Sec. 11. new text begin [442A.09] ANNEXATION BY ORDER OF POLLUTION CONTROL new text end 159.33 new text begin AGENCY. new text end 159.34     new text begin Subdivision 1. new text end new text begin Annexation by ordinance alternative. new text end new text begin If a determination or order new text end 159.35 new text begin by the Minnesota Pollution Control Agency under section 115.49 or other similar statute is new text end 160.1 new text begin made that cooperation by contract is necessary and feasible between a sanitary district and new text end 160.2 new text begin an unincorporated area located outside the existing corporate limits of the sanitary district, new text end 160.3 new text begin the sanitary district required to provide or extend through a contract a governmental new text end 160.4 new text begin service to an unincorporated area, during the statutory 90-day period provided in section new text end 160.5 new text begin 115.49 to formulate a contract, may in the alternative to formulating a service contract to new text end 160.6 new text begin provide or extend the service, declare the unincorporated area described in the Minnesota new text end 160.7 new text begin Pollution Control Agency's determination letter or order annexed to the sanitary district by new text end 160.8 new text begin adopting an ordinance and submitting it to the chief administrative law judge. new text end 160.9     new text begin Subd. 2. new text end new text begin Chief administrative law judge's role. new text end new text begin The chief administrative law new text end 160.10 new text begin judge may review and comment on the ordinance but shall approve the ordinance within new text end 160.11 new text begin 30 days of receipt. The ordinance is final and the annexation is effective on the date the new text end 160.12 new text begin chief administrative law judge approves the ordinance. new text end 160.13    Sec. 12. new text begin [442A.10] PETITIONERS TO PAY EXPENSES. new text end 160.14 new text begin Expenses of the preparation and submission of petitions in the proceedings under new text end 160.15 new text begin sections 442A.04 to 442A.09 shall be paid by the petitioners. Notwithstanding section new text end 160.16 new text begin 16A.1283, the Office of Administrative Hearings may adopt rules according to section new text end 160.17 new text begin 14.386 to establish fees necessary to support the preparation and submission of petitions new text end 160.18 new text begin in proceedings under sections 442A.04 to 442A.09. The fees collected by the Office of new text end 160.19 new text begin Administrative Hearings shall be deposited in the environmental fund. new text end 160.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 160.21    Sec. 13. new text begin [442A.11] TIME LIMITS FOR ORDERS; APPEALS. new text end 160.22     new text begin Subdivision 1. new text end new text begin Orders; time limit. new text end new text begin All orders in proceedings under this chapter new text end 160.23 new text begin shall be issued within one year from the date of the first hearing thereon, provided that new text end 160.24 new text begin the time may be extended for a fixed additional period upon consent of all parties of new text end 160.25 new text begin record. Failure to so order shall be deemed to be an order denying the matter. An appeal new text end 160.26 new text begin may be taken from such failure to so order in the same manner as an appeal from an new text end 160.27 new text begin order as provided in subdivision 2. new text end 160.28     new text begin Subd. 2. new text end new text begin Grounds for appeal. new text end new text begin (a) Any person aggrieved by an order issued under new text end 160.29 new text begin this chapter may appeal to the district court upon the following grounds: new text end 160.30 new text begin (1) the order was issued without jurisdiction to act; new text end 160.31 new text begin (2) the order exceeded the jurisdiction of the presiding administrative law judge; new text end 160.32 new text begin (3) the order was arbitrary, fraudulent, capricious, or oppressive or in unreasonable new text end 160.33 new text begin disregard of the best interests of the territory affected; or new text end 160.34 new text begin (4) the order was based upon an erroneous theory of law. new text end 161.1 new text begin (b) The appeal must be taken in the district court in the county in which the majority new text end 161.2 new text begin of the area affected is located. The appeal does not stay the effect of the order. All notices new text end 161.3 new text begin and other documents must be served on both the chief administrative law judge and the new text end 161.4 new text begin attorney general's assistant assigned to the chief administrative law judge for purposes new text end 161.5 new text begin of this chapter. new text end 161.6 new text begin (c) If the court determines that the action involved is unlawful or unreasonable or is new text end 161.7 new text begin not warranted by the evidence in case an issue of fact is involved, the court may vacate or new text end 161.8 new text begin suspend the action involved, in whole or in part, as the case requires. The matter shall then new text end 161.9 new text begin be remanded for further action in conformity with the decision of the court. new text end 161.10 new text begin (d) To render a review of an order effectual, the aggrieved person shall file with the new text end 161.11 new text begin court administrator of the district court of the county in which the majority of the area is new text end 161.12 new text begin located, within 30 days of the order, an application for review together with the grounds new text end 161.13 new text begin upon which the review is sought. new text end 161.14 new text begin (e) An appeal lies from the district court as in other civil cases. new text end 161.15    Sec. 14. new text begin [442A.12] CHIEF ADMINISTRATIVE LAW JUDGE MAY APPEAL new text end 161.16 new text begin FROM DISTRICT COURT. new text end 161.17 new text begin An appeal may be taken under the Rules of Civil Appellate Procedure by the chief new text end 161.18 new text begin administrative law judge from a final order or judgment made or rendered by the district new text end 161.19 new text begin court when the chief administrative law judge determines that the final order or judgment new text end 161.20 new text begin adversely affects the public interest. new text end 161.21    Sec. 15. new text begin [442A.13] UNIFORM PROCEDURES. new text end 161.22     new text begin Subdivision 1. new text end new text begin Hearings. new text end new text begin (a) Proceedings initiated by the submission of an initiating new text end 161.23 new text begin document or by the chief administrative law judge shall come on for hearing within 30 to new text end 161.24 new text begin 60 days from receipt of the document by the chief administrative law judge or from the new text end 161.25 new text begin date of the chief administrative law judge's action and the person conducting the hearing new text end 161.26 new text begin must submit an order no later than one year from the date of the first hearing. new text end 161.27 new text begin (b) The place of the hearing shall be in the county where a majority of the affected new text end 161.28 new text begin territory is situated, and shall be established for the convenience of the parties. new text end 161.29 new text begin (c) The chief administrative law judge shall mail notice of the hearing to the new text end 161.30 new text begin following parties: the sanitary district; any township or municipality presently governing new text end 161.31 new text begin the affected territory; any township or municipality abutting the affected territory; new text end 161.32 new text begin the county where the affected territory is situated; and each planning agency that has new text end 161.33 new text begin jurisdiction over the affected area. new text end 162.1 new text begin (d) The chief administrative law judge shall see that notice of the hearing is published new text end 162.2 new text begin for two successive weeks in a legal newspaper of general circulation in the affected area. new text end 162.3 new text begin (e) When the chief administrative law judge exercises authority to change the new text end 162.4 new text begin boundaries of the affected area so as to increase the quantity of land, the hearing shall new text end 162.5 new text begin be recessed and reconvened upon two weeks' published notice in a legal newspaper of new text end 162.6 new text begin general circulation in the affected area. new text end 162.7     new text begin Subd. 2. new text end new text begin Transmittal of order. new text end new text begin The chief administrative law judge shall see that new text end 162.8 new text begin copies of the order are mailed to all parties entitled to mailed notice of hearing under new text end 162.9 new text begin subdivision 1, individual property owners if initiated in that manner, and any other party new text end 162.10 new text begin of record. new text end 162.11    Sec. 16. new text begin [442A.14] DISTRICT BOARD OF MANAGERS. new text end 162.12     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin The governing body of each district shall be a board new text end 162.13 new text begin of managers of five members, who shall be voters residing in the district and who may new text end 162.14 new text begin but need not be officers, members of governing bodies, or employees of the related new text end 162.15 new text begin governmental subdivisions, except that when there are more than five territorial units in new text end 162.16 new text begin a district, there must be one board member for each unit. new text end 162.17     new text begin Subd. 2. new text end new text begin Terms. new text end new text begin The terms of the first board members elected after creation of a new text end 162.18 new text begin district shall be so arranged and determined by the electing body as to expire on the first new text end 162.19 new text begin business day in January as follows: new text end 162.20 new text begin (1) the terms of two members in the second calendar year after the year in which new text end 162.21 new text begin they were elected; new text end 162.22 new text begin (2) the terms of two other members in the third calendar year after the year in which new text end 162.23 new text begin they were elected; and new text end 162.24 new text begin (3) the term of the remaining member in the fourth calendar year after the year in new text end 162.25 new text begin which the member was elected. In case a board has more than five members, the additional new text end 162.26 new text begin members shall be assigned to the groups under clauses (1) to (3) to equalize the groups as new text end 162.27 new text begin far as practicable. Thereafter, board members shall be elected successively for regular new text end 162.28 new text begin terms beginning upon expiration of the preceding terms and expiring on the first business new text end 162.29 new text begin day in January of the third calendar year thereafter. Each board member serves until new text end 162.30 new text begin a successor is elected and has qualified. new text end 162.31     new text begin Subd. 3. new text end new text begin Election of board. new text end new text begin In a district having only one territorial unit, all the new text end 162.32 new text begin members of the board shall be elected by the related governing body. In a district having new text end 162.33 new text begin more than one territorial unit, the members of the board shall be elected by the members new text end 162.34 new text begin of the related governing bodies in joint session except as otherwise provided. The electing new text end 162.35 new text begin bodies concerned shall meet and elect the first board members of a new district as soon new text end 163.1 new text begin as practicable after creation of the district and shall meet and elect board members for new text end 163.2 new text begin succeeding regular terms as soon as practicable after November 1 next preceding the new text end 163.3 new text begin beginning of the terms to be filled, respectively. new text end 163.4     new text begin Subd. 4. new text end new text begin Central related governing body. new text end new text begin Upon the creation of a district new text end 163.5 new text begin having more than one territorial unit, the chief administrative law judge, on the basis of new text end 163.6 new text begin convenience for joint meeting purposes, shall designate one of the related governing new text end 163.7 new text begin bodies as the central related governing body in the order creating the district or in a new text end 163.8 new text begin subsequent special order, of which the chief administrative law judge shall notify the new text end 163.9 new text begin clerks or recorders of all the related governing bodies. Upon receipt of the notification, new text end 163.10 new text begin the clerk or recorder of the central related governing body shall immediately transmit the new text end 163.11 new text begin notification to the presiding officer of the body. The officer shall thereupon call a joint new text end 163.12 new text begin meeting of the members of all the related governing bodies to elect board members, to new text end 163.13 new text begin be held at such time as the officer shall fix at the regular meeting place of the officer's new text end 163.14 new text begin governing body or at such other place in the district as the officer shall determine. The new text end 163.15 new text begin clerk or recorder of the body must give at least ten days' notice of the meeting by mail to new text end 163.16 new text begin the clerks or recorders of all the other related governing bodies, who shall immediately new text end 163.17 new text begin transmit the notice to all the members of the related governing bodies, respectively. new text end 163.18 new text begin Subsequent joint meetings to elect board members for regular terms must be called and new text end 163.19 new text begin held in like manner. The presiding officer and the clerk or recorder of the central related new text end 163.20 new text begin governing body shall act respectively as chair and secretary of the joint electing body at new text end 163.21 new text begin any meeting thereof, but in case of the absence or disability of either of them, the body new text end 163.22 new text begin may elect a temporary substitute. A majority of the members of each related governing new text end 163.23 new text begin body is required for a quorum at any meeting of the joint electing body. new text end 163.24     new text begin Subd. 5. new text end new text begin Nominations. new text end new text begin Nominations for board members may be made by petitions, new text end 163.25 new text begin each signed by ten or more voters residing and owning land in the district, filed with the new text end 163.26 new text begin clerk, recorder, or secretary of the electing body before the election meeting. No person new text end 163.27 new text begin shall sign more than one petition. The electing body shall give due consideration to all new text end 163.28 new text begin nominations but is not limited thereto. new text end 163.29     new text begin Subd. 6. new text end new text begin Election; single governing body. new text end new text begin In the case of an electing body new text end 163.30 new text begin consisting of a single related governing body, a majority vote of all members is required new text end 163.31 new text begin for an election. In the case of a joint electing body, a majority vote of members present is new text end 163.32 new text begin required for an election. In case of lack of a quorum or failure to elect, a meeting of an new text end 163.33 new text begin electing body may be adjourned to a stated time and place without further notice. new text end 163.34     new text begin Subd. 7. new text end new text begin Election; multiple governing bodies. new text end new text begin In any district having more than new text end 163.35 new text begin one territorial unit, the related governing bodies, instead of meeting in joint session, may new text end 163.36 new text begin elect a board member by resolutions adopted by all of them separately, concurring in the new text end 164.1 new text begin election of the same person. A majority vote of all members of each related governing new text end 164.2 new text begin body is required for the adoption of any such resolution. The clerks or recorders of the new text end 164.3 new text begin other related governing bodies shall transmit certified copies of the resolutions to the clerk new text end 164.4 new text begin or recorder of the central related governing body. Upon receipt of concurring resolutions new text end 164.5 new text begin from all the related governing bodies, the presiding officer and clerk or recorder of the new text end 164.6 new text begin central related governing body shall certify the results and furnish certificates of election new text end 164.7 new text begin as provided for a joint meeting. new text end 164.8     new text begin Subd. 8. new text end new text begin Vacancies. new text end new text begin Any vacancy in the membership of a board must be filled for new text end 164.9 new text begin the unexpired term in like manner as provided for the regular election of board members. new text end 164.10     new text begin Subd. 9. new text end new text begin Certification of election; temporary chair. new text end new text begin The presiding and recording new text end 164.11 new text begin officers of the electing body shall certify the results of each election to the county auditor new text end 164.12 new text begin of each county wherein any part of the district is situated and to the clerk or recorder of new text end 164.13 new text begin each related governing body and shall make and transmit to each board member elected new text end 164.14 new text begin a certificate of the board member's election. Upon electing the first board members of a new text end 164.15 new text begin district, the presiding officer of the electing body shall designate a member to serve as new text end 164.16 new text begin temporary chair for purposes of initial organization of the board, and the recording new text end 164.17 new text begin officer of the body shall include written notice thereof to all the board members with new text end 164.18 new text begin their certificates of election. new text end 164.19    Sec. 17. new text begin [442A.15] BOARD ORGANIZATION AND PROCEDURES. new text end 164.20     new text begin Subdivision 1. new text end new text begin Initial, annual meetings. new text end new text begin As soon as practicable after the election new text end 164.21 new text begin of the first board members of a district, the board shall meet at the call of the temporary new text end 164.22 new text begin chair to elect officers and take other appropriate action for organization and administration new text end 164.23 new text begin of the district. Each board shall hold a regular annual meeting at the call of the chair or new text end 164.24 new text begin otherwise as the board prescribes on or as soon as practicable after the first business day in new text end 164.25 new text begin January of each year and such other regular and special meetings as the board prescribes. new text end 164.26     new text begin Subd. 2. new text end new text begin Officers. new text end new text begin The officers of each district shall be a chair and a vice-chair, new text end 164.27 new text begin who shall be members of the board, and a secretary and a treasurer, who may but need new text end 164.28 new text begin not be members of the board. The board of a new district at its initial meeting or as soon new text end 164.29 new text begin thereafter as practicable shall elect the officers to serve until the first business day in new text end 164.30 new text begin January next following. Thereafter, the board shall elect the officers at each regular annual new text end 164.31 new text begin meeting for terms expiring on the first business day in January next following. Each new text end 164.32 new text begin officer serves until a successor is elected and has qualified. new text end 164.33     new text begin Subd. 3. new text end new text begin Meeting place; offices. new text end new text begin The board at its initial meeting or as soon new text end 164.34 new text begin thereafter as practicable shall provide for suitable places for board meetings and for offices new text end 164.35 new text begin of the district officers and may change the same thereafter as the board deems advisable. new text end 165.1 new text begin The meeting place and offices may be the same as those of any related governing body, new text end 165.2 new text begin with the approval of the body. The secretary of the board shall notify the secretary of state, new text end 165.3 new text begin the county auditor of each county wherein any part of the district is situated, and the clerk new text end 165.4 new text begin or recorder of each related governing body of the locations and post office addresses of the new text end 165.5 new text begin meeting place and offices and any changes therein. new text end 165.6     new text begin Subd. 4. new text end new text begin Budget. new text end new text begin At any time before the proceeds of the first tax levy in a district new text end 165.7 new text begin become available, the district board may prepare a budget comprising an estimate of the new text end 165.8 new text begin expenses of organizing and administering the district until the proceeds are available, with new text end 165.9 new text begin a proposal for apportionment of the estimated amount among the related governmental new text end 165.10 new text begin subdivisions, and may request the governing bodies thereof to advance funds according to new text end 165.11 new text begin the proposal. The governing bodies may authorize advancement of the requested amounts, new text end 165.12 new text begin or such part thereof as they respectively deem proper, from any funds available in their new text end 165.13 new text begin respective treasuries. The board shall include in its first tax levy after receipt of any such new text end 165.14 new text begin advancements a sufficient sum to cover the same and shall cause the same to be repaid, new text end 165.15 new text begin without interest, from the proceeds of taxes as soon as received. new text end 165.16    Sec. 18. new text begin [442A.16] DISTRICT STATUS AND POWERS. new text end 165.17     new text begin Subdivision 1. new text end new text begin Status. new text end new text begin Every district shall be a public corporation and a governmental new text end 165.18 new text begin subdivision of the state and shall be deemed to be a municipality or municipal corporation new text end 165.19 new text begin for the purpose of obtaining federal or state grants or loans or otherwise complying with new text end 165.20 new text begin any provision of federal or state law or for any other purpose relating to the powers and new text end 165.21 new text begin purposes of the district for which such status is now or hereafter required by law. new text end 165.22     new text begin Subd. 2. new text end new text begin Powers and purpose. new text end new text begin Every district shall have the powers and purposes new text end 165.23 new text begin prescribed by this chapter and such others as may now or hereafter be prescribed by law. new text end 165.24 new text begin No express grant of power or enumeration of powers herein shall be deemed to limit the new text end 165.25 new text begin generality or scope of any grant of power. new text end 165.26     new text begin Subd. 3. new text end new text begin Scope of powers and duties. new text end new text begin Except as otherwise provided, a power or new text end 165.27 new text begin duty vested in or imposed upon a district or any of its officers, agents, or employees shall new text end 165.28 new text begin not be deemed exclusive and shall not supersede or abridge any power or duty vested in or new text end 165.29 new text begin imposed upon any other agency of the state or any governmental subdivision thereof, but new text end 165.30 new text begin shall be supplementary thereto. new text end 165.31     new text begin Subd. 4. new text end new text begin Exercise of power. new text end new text begin All the powers of a district shall be exercised by its new text end 165.32 new text begin board of managers except so far as approval of any action by popular vote or by any other new text end 165.33 new text begin authority may be expressly required by law. new text end 166.1     new text begin Subd. 5. new text end new text begin Lawsuits; contracts. new text end new text begin A district may sue and be sued and may enter into new text end 166.2 new text begin any contract necessary or proper for the exercise of its powers or the accomplishment new text end 166.3 new text begin of its purposes. new text end 166.4     new text begin Subd. 6. new text end new text begin Property acquisition. new text end new text begin A district may acquire by purchase, gift, or new text end 166.5 new text begin condemnation or may lease or rent any real or personal property within or without the new text end 166.6 new text begin district that may be necessary for the exercise of district powers or the accomplishment of new text end 166.7 new text begin district purposes, may hold the property for such purposes, and may lease, rent out, sell, or new text end 166.8 new text begin otherwise dispose of any property not needed for such purposes. new text end 166.9     new text begin Subd. 7. new text end new text begin Acceptance of money or property. new text end new text begin A district may accept gifts, grants, new text end 166.10 new text begin or loans of money or other property from the United States, the state, or any person, new text end 166.11 new text begin corporation, or other entity for district purposes; may enter into any agreement required in new text end 166.12 new text begin connection therewith; and may hold, use, and dispose of the money or property according new text end 166.13 new text begin to the terms of the gift, grant, loan, or agreement relating thereto. new text end 166.14    Sec. 19. new text begin [442A.17] SPECIFIC PURPOSES AND POWERS. new text end 166.15     new text begin Subdivision 1. new text end new text begin Pollution prevention. new text end new text begin A district may construct, install, improve, new text end 166.16 new text begin maintain, and operate any system, works, or facilities within or without the district new text end 166.17 new text begin required to control and prevent pollution of any waters of the state within its territory. new text end 166.18     new text begin Subd. 2. new text end new text begin Sewage disposal. new text end new text begin A district may construct, install, improve, maintain, new text end 166.19 new text begin and operate any system, works, or facilities within or without the district required to new text end 166.20 new text begin provide for, regulate, and control the disposal of sewage, industrial waste, and other waste new text end 166.21 new text begin originating within its territory. The district may require any person upon whose premises new text end 166.22 new text begin there is any source of sewage, industrial waste, or other waste within the district to new text end 166.23 new text begin connect the premises with the disposal system, works, or facilities of the district whenever new text end 166.24 new text begin reasonable opportunity therefor is provided. new text end 166.25     new text begin Subd. 3. new text end new text begin Garbage, refuse disposal. new text end new text begin A district may construct, install, improve, new text end 166.26 new text begin maintain, and operate any system, works, or facilities within or without the district required new text end 166.27 new text begin to provide for, regulate, and control the disposal of garbage or refuse originating within the new text end 166.28 new text begin district. The district may require any person upon whose premises any garbage or refuse is new text end 166.29 new text begin produced or accumulated to dispose of the garbage or refuse through the system, works, or new text end 166.30 new text begin facilities of the district whenever reasonable opportunity therefor is provided. new text end 166.31     new text begin Subd. 4. new text end new text begin Water supply. new text end new text begin A district may procure supplies of water necessary for any new text end 166.32 new text begin purpose under subdivisions 1 to 3 and may construct, install, improve, maintain, and new text end 166.33 new text begin operate any system, works, or facilities required therefor within or without the district. new text end 166.34     new text begin Subd. 5. new text end new text begin Roads. new text end new text begin (a) To maintain the integrity of and facilitate access to district new text end 166.35 new text begin systems, works, or facilities, the district may maintain and repair a road by agreement with new text end 167.1 new text begin the entity that was responsible for the performance of maintenance and repair immediately new text end 167.2 new text begin prior to the agreement. Maintenance and repair includes but is not limited to providing new text end 167.3 new text begin lighting, snow removal, and grass mowing. new text end 167.4 new text begin (b) A district shall establish a taxing subdistrict of benefited property and shall levy new text end 167.5 new text begin special taxes, pursuant to section 442A.24, subdivision 2, for the purposes of paying the new text end 167.6 new text begin cost of improvement or maintenance of a road under paragraph (a). new text end 167.7 new text begin (c) For purposes of this subdivision, a district shall not be construed as a road new text end 167.8 new text begin authority under chapter 160. new text end 167.9 new text begin (d) The district and its officers and employees are exempt from liability for any tort new text end 167.10 new text begin claim for injury to person or property arising from travel on a road maintained by the new text end 167.11 new text begin district and related to the road's maintenance or condition. new text end 167.12    Sec. 20. new text begin [442A.18] DISTRICT PROJECTS AND FACILITIES. new text end 167.13     new text begin Subdivision 1. new text end new text begin Public property. new text end new text begin For the purpose of constructing, improving, new text end 167.14 new text begin maintaining, or operating any system, works, or facilities designed or used for any purpose new text end 167.15 new text begin under section 442A.17, a district, its officers, agents, employees, and contractors may enter, new text end 167.16 new text begin occupy, excavate, and otherwise operate in, upon, under, through, or along any public new text end 167.17 new text begin highway, including a state trunk highway, or any street, park, or other public grounds so new text end 167.18 new text begin far as necessary for such work, with the approval of the governing body or other authority new text end 167.19 new text begin in charge of the public property affected and on such terms as may be agreed upon with the new text end 167.20 new text begin governing body or authority respecting interference with public use, restoration of previous new text end 167.21 new text begin conditions, compensation for damages, and other pertinent matters. If an agreement cannot new text end 167.22 new text begin be reached after reasonable opportunity therefor, the district may acquire the necessary new text end 167.23 new text begin rights, easements, or other interests in the public property by condemnation, subject to all new text end 167.24 new text begin applicable provisions of law as in case of taking private property, upon condition that the new text end 167.25 new text begin court shall determine that there is paramount public necessity for the acquisition. new text end 167.26     new text begin Subd. 2. new text end new text begin Use of other systems. new text end new text begin A district may, upon such terms as may be new text end 167.27 new text begin agreed upon with the respective governing bodies or authorities concerned, provide for new text end 167.28 new text begin connecting with or using; lease; or acquire and take over any system, works, or facilities new text end 167.29 new text begin for any purpose under section 442A.17 belonging to any other governmental subdivision new text end 167.30 new text begin or other public agency. new text end 167.31     new text begin Subd. 3. new text end new text begin Use by other governmental bodies. new text end new text begin A district may, upon such terms new text end 167.32 new text begin as may be agreed upon with the respective governing bodies or authorities concerned, new text end 167.33 new text begin authorize the use by any other governmental subdivision or other public agency of any new text end 167.34 new text begin system, works, or facilities of the district constructed for any purpose under section new text end 167.35 new text begin 442A.17 so far as the capacity thereof is sufficient beyond the needs of the district. A new text end 168.1 new text begin district may extend any such system, works, or facilities and permit the use thereof by new text end 168.2 new text begin persons outside the district, so far as the capacity thereof is sufficient beyond the needs of new text end 168.3 new text begin the district, upon such terms as the board may prescribe. new text end 168.4     new text begin Subd. 4. new text end new text begin Joint projects. new text end new text begin A district may be a party to a joint cooperative project, new text end 168.5 new text begin undertaking, or enterprise with one or more other governmental subdivisions or other new text end 168.6 new text begin public agencies for any purpose under section 442A.17 upon such terms as may be new text end 168.7 new text begin agreed upon between the governing bodies or authorities concerned. Without limiting the new text end 168.8 new text begin effect of the foregoing provision or any other provision of this chapter, a district, with new text end 168.9 new text begin respect to any of said purposes, may act under and be subject to section new text end new text begin , or any new text end 168.10 new text begin other appropriate law providing for joint or cooperative action between governmental new text end 168.11 new text begin subdivisions or other public agencies. new text end 168.12    Sec. 21. new text begin [442A.19] CONTROL OF SANITARY FACILITIES. new text end 168.13 new text begin A district may regulate and control the construction, maintenance, and use of privies, new text end 168.14 new text begin cesspools, septic tanks, toilets, and other facilities and devices for the reception or disposal new text end 168.15 new text begin of human or animal excreta or other domestic wastes within its territory so far as necessary new text end 168.16 new text begin to prevent nuisances or pollution or to protect the public health, safety, and welfare new text end 168.17 new text begin and may prohibit the use of any such facilities or devices not connected with a district new text end 168.18 new text begin disposal system, works, or facilities whenever reasonable opportunity for such connection new text end 168.19 new text begin is provided; provided, that the authority of a district under this section does not extend new text end 168.20 new text begin or apply to the construction, maintenance, operation, or use by any person other than the new text end 168.21 new text begin district of any disposal system or part thereof within the district under and in accordance new text end 168.22 new text begin with a valid and existing permit issued by the Minnesota Pollution Control Agency. new text end 168.23    Sec. 22. new text begin [442A.20] DISTRICT PROGRAMS, SURVEYS, AND STUDIES. new text end 168.24 new text begin A district may develop general programs and particular projects within the scope of new text end 168.25 new text begin its powers and purposes and may make all surveys, studies, and investigations necessary new text end 168.26 new text begin for the programs and projects. new text end 168.27    Sec. 23. new text begin [442A.21] GENERAL AND MUNICIPALITY POWERS. new text end 168.28 new text begin A district may do and perform all other acts and things necessary or proper for the new text end 168.29 new text begin effectuation of its powers and the accomplishment of its purposes. Without limiting the new text end 168.30 new text begin effect of the foregoing provision or any other provision of this chapter, a district, with new text end 168.31 new text begin respect to each and all of said powers and purposes, shall have like powers as are vested new text end 168.32 new text begin in municipalities with respect to any similar purposes. The exercise of such powers by a new text end 168.33 new text begin district and all matters pertaining thereto are governed by the law relating to the exercise new text end 169.1 new text begin of similar powers by municipalities and matters pertaining thereto, so far as applicable, new text end 169.2 new text begin with like force and effect, except as otherwise provided. new text end 169.3    Sec. 24. new text begin [442A.22] ADVISORY COMMITTEE. new text end 169.4 new text begin A district board of managers may appoint an advisory committee with membership new text end 169.5 new text begin and duties as the board prescribes. new text end 169.6    Sec. 25. new text begin [442A.23] BOARD POWERS. new text end 169.7     new text begin Subdivision 1. new text end new text begin Generally. new text end new text begin The board of managers of every district shall have charge new text end 169.8 new text begin and control of all the funds, property, and affairs of the district. With respect thereto, the new text end 169.9 new text begin board has the same powers and duties as are provided by law for a municipality with respect new text end 169.10 new text begin to similar municipal matters, except as otherwise provided. Except as otherwise provided, new text end 169.11 new text begin the chair, vice-chair, secretary, and treasurer of the district have the same powers and duties, new text end 169.12 new text begin respectively, as the mayor, acting mayor, clerk, and treasurer of a municipality. Except as new text end 169.13 new text begin otherwise provided, the exercise of the powers and the performance of the duties of the new text end 169.14 new text begin board and officers of the district and all other activities, transactions, and procedures of the new text end 169.15 new text begin district or any of its officers, agents, or employees, respectively, are governed by the law new text end 169.16 new text begin relating to similar matters in a municipality, so far as applicable, with like force and effect. new text end 169.17     new text begin Subd. 2. new text end new text begin Regulation of district. new text end new text begin The board may enact ordinances, prescribe new text end 169.18 new text begin regulations, adopt resolutions, and take other appropriate action relating to any matter new text end 169.19 new text begin within the powers and purposes of the district and may do and perform all other acts and new text end 169.20 new text begin things necessary or proper for the effectuation of said powers and the accomplishment new text end 169.21 new text begin of said purposes. The board may provide that violation of a district ordinance is a penal new text end 169.22 new text begin offense and may prescribe penalties for violations, not exceeding those prescribed by new text end 169.23 new text begin law for violation of municipal ordinances. new text end 169.24     new text begin Subd. 3. new text end new text begin Arrest; prosecution. new text end new text begin (a) Violations of district ordinances may be new text end 169.25 new text begin prosecuted before any court having jurisdiction of misdemeanors. Any peace officer may new text end 169.26 new text begin make arrests for violations committed anywhere within the district in the same manner as new text end 169.27 new text begin for violations of city ordinances or for statutory misdemeanors. new text end 169.28 new text begin (b) All fines collected shall be deposited in the treasury of the district. new text end 169.29    Sec. 26. new text begin [442A.24] TAX LEVIES, ASSESSMENTS, AND SERVICE CHARGES. new text end 169.30     new text begin Subdivision 1. new text end new text begin Tax levies. new text end new text begin The board may levy taxes for any district purpose on all new text end 169.31 new text begin property taxable within the district. new text end 169.32     new text begin Subd. 2. new text end new text begin Particular area. new text end new text begin In the case where a particular area within the district, new text end 169.33 new text begin but not the entire district, is benefited by a system, works, or facilities of the district, new text end 170.1 new text begin the board, after holding a public hearing as provided by law for levying assessments on new text end 170.2 new text begin benefited property, shall by ordinance establish such area as a taxing subdistrict, to be new text end 170.3 new text begin designated by number, and shall levy special taxes on all the taxable property therein, to be new text end 170.4 new text begin accounted for separately and used only for the purpose of paying the cost of construction, new text end 170.5 new text begin improvement, acquisition, maintenance, or operation of such system, works, or facilities, new text end 170.6 new text begin or paying the principal and interest on bonds issued to provide funds therefor and expenses new text end 170.7 new text begin incident thereto. The hearing may be held jointly with a hearing for the purpose of levying new text end 170.8 new text begin assessments on benefited property within the proposed taxing subdistrict. new text end 170.9     new text begin Subd. 3. new text end new text begin Benefited property. new text end new text begin The board shall levy assessments on benefited property new text end 170.10 new text begin to provide funds for payment of the cost of construction, improvement, or acquisition of new text end 170.11 new text begin any system, works, or facilities designed or used for any district purpose or for payment of new text end 170.12 new text begin the principal of and interest on any bonds issued therefor and expenses incident thereto. new text end 170.13     new text begin Subd. 4. new text end new text begin Service charges. new text end new text begin The board shall prescribe service, use, or rental charges new text end 170.14 new text begin for persons or premises connecting with or making use of any system, works, or facilities new text end 170.15 new text begin of the district; prescribe the method of payment and collection of the charges; and provide new text end 170.16 new text begin for the collection thereof for the district by any related governmental subdivision or new text end 170.17 new text begin other public agency on such terms as may be agreed upon with the governing body or new text end 170.18 new text begin other authority thereof. new text end 170.19    Sec. 27. new text begin [442A.25] BORROWING POWERS; BONDS. new text end 170.20     new text begin Subdivision 1. new text end new text begin Borrowing power. new text end new text begin The board may authorize the borrowing of new text end 170.21 new text begin money for any district purpose and provide for the repayment thereof, subject to chapter new text end 170.22 new text begin 475. The taxes initially levied by any district according to section new text end new text begin for the payment new text end 170.23 new text begin of district bonds, upon property within each municipality included in the district, shall be new text end 170.24 new text begin included in computing the levy of the municipality. new text end 170.25     new text begin Subd. 2. new text end new text begin Bond issuance. new text end new text begin The board may authorize the issuance of bonds or new text end 170.26 new text begin obligations of the district to provide funds for the construction, improvement, or new text end 170.27 new text begin acquisition of any system, works, or facilities for any district purpose or for refunding new text end 170.28 new text begin any prior bonds or obligations issued for any such purpose and may pledge the full faith new text end 170.29 new text begin and credit of the district; the proceeds of tax levies or assessments; service, use, or new text end 170.30 new text begin rental charges; or any combination thereof to the payment of such bonds or obligations new text end 170.31 new text begin and interest thereon or expenses incident thereto. An election or vote of the people of new text end 170.32 new text begin the district is required to authorize the issuance of any bonds or obligations. Except as new text end 170.33 new text begin otherwise provided in this chapter, the forms and procedures for issuing and selling bonds new text end 170.34 new text begin and provisions for payment thereof must comply with chapter 475. new text end 171.1    Sec. 28. new text begin [442A.26] FUNDS; DISTRICT TREASURY. new text end 171.2 new text begin The proceeds of all tax levies, assessments, service, use, or rental charges, and new text end 171.3 new text begin other income of the district must be deposited in the district treasury and must be held new text end 171.4 new text begin and disposed of as the board may direct for district purposes, subject to any pledges or new text end 171.5 new text begin dedications made by the board for the use of particular funds for the payment of bonds, new text end 171.6 new text begin interest thereon, or expenses incident thereto or for other specific purposes. new text end 171.7    Sec. 29. new text begin [442A.27] EFFECT OF DISTRICT ORDINANCES AND FACILITIES. new text end 171.8 new text begin In any case where an ordinance is enacted or a regulation adopted by a district new text end 171.9 new text begin board relating to the same subject matter and applicable in the same area as an existing new text end 171.10 new text begin ordinance or regulation of a related governmental subdivision for the district, the district new text end 171.11 new text begin ordinance or regulation, to the extent of its application, supersedes the ordinance or new text end 171.12 new text begin regulation of the related governmental subdivision. In any case where an area within a new text end 171.13 new text begin district is served for any district purpose by a system, works, or facilities of the district, new text end 171.14 new text begin no system, works, or facilities shall be constructed, maintained, or operated for the same new text end 171.15 new text begin purpose in the same area by any related governmental subdivision or other public agency new text end 171.16 new text begin except as approved by the district board. new text end 171.17    Sec. 30. new text begin [442A.28] APPLICATION. new text end 171.18 new text begin This chapter does not abridge or supersede any authority of the Minnesota Pollution new text end 171.19 new text begin Control Agency or the commissioner of health, but is subject and supplementary thereto. new text end 171.20 new text begin Districts and members of district boards are subject to the authority of the Minnesota new text end 171.21 new text begin Pollution Control Agency and have no power or authority to abate or control pollution that new text end 171.22 new text begin is permitted by and in accord with any classification of waters, standards of water quality, new text end 171.23 new text begin or permit established, fixed, or issued by the Minnesota Pollution Control Agency. new text end 171.24    Sec. 31. new text begin [442A.29] CHIEF ADMINISTRATIVE LAW JUDGE'S POWERS. new text end 171.25     new text begin Subdivision 1. new text end new text begin Alternative dispute resolution. new text end new text begin (a) Notwithstanding sections new text end 171.26 new text begin 442A.01 to 442A.28, before assigning a matter to an administrative law judge for hearing, new text end 171.27 new text begin the chief administrative law judge, upon consultation with affected parties and considering new text end 171.28 new text begin the procedures and principles established in sections 442A.01 to 442A.28, may require new text end 171.29 new text begin that disputes over proposed sanitary district creations, attachments, detachments, or new text end 171.30 new text begin dissolutions be addressed in whole or in part by means of alternative dispute resolution new text end 171.31 new text begin processes in place of, or in connection with, hearings that would otherwise be required new text end 171.32 new text begin under sections 442A.01 to 442A.28, including those provided in chapter 14. new text end 172.1 new text begin (b) In all proceedings, the chief administrative law judge has the authority and new text end 172.2 new text begin responsibility to conduct hearings and issue final orders related to the hearings under new text end 172.3 new text begin sections 442A.01 to 442A.28. new text end 172.4     new text begin Subd. 2. new text end new text begin Cost of proceedings. new text end new text begin (a) The parties to any matter directed to alternative new text end 172.5 new text begin dispute resolution under subdivision 1 must pay the costs of the alternative dispute new text end 172.6 new text begin resolution process or hearing in the proportions that the parties agree to. new text end 172.7 new text begin (b) Notwithstanding section new text end new text begin or other law, the Office of Administrative new text end 172.8 new text begin Hearings is not liable for the costs. new text end 172.9 new text begin (c) If the parties do not agree to a division of the costs before the commencement of new text end 172.10 new text begin mediation, arbitration, or hearing, the costs must be allocated on an equitable basis by new text end 172.11 new text begin the mediator, arbitrator, or chief administrative law judge. new text end 172.12 new text begin (d) The chief administrative law judge may contract with the parties to a matter for new text end 172.13 new text begin the purpose of providing administrative law judges and reporters for an administrative new text end 172.14 new text begin proceeding or alternative dispute resolution. new text end 172.15 new text begin (e) The chief administrative law judge shall assess the cost of services rendered by new text end 172.16 new text begin the Office of Administrative Hearings as provided by section new text end new text begin . new text end 172.17     new text begin Subd. 3. new text end new text begin Parties. new text end new text begin In this section, "party" means: new text end 172.18 new text begin (1) a property owner, group of property owners, sanitary district, municipality, or new text end 172.19 new text begin township that files an initiating document or timely objection under this chapter; new text end 172.20 new text begin (2) the sanitary district, municipality, or township within which the subject area new text end 172.21 new text begin is located; new text end 172.22 new text begin (3) a municipality abutting the subject area; and new text end 172.23 new text begin (4) any other person, group of persons, or governmental agency residing in, owning new text end 172.24 new text begin property in, or exercising jurisdiction over the subject area that submits a timely request new text end 172.25 new text begin and is determined by the presiding administrative law judge to have a direct legal interest new text end 172.26 new text begin that will be affected by the outcome of the proceeding. new text end 172.27     new text begin Subd. 4. new text end new text begin Effectuation of agreements. new text end new text begin Matters resolved or agreed to by the parties new text end 172.28 new text begin as a result of an alternative dispute resolution process, or otherwise, may be incorporated new text end 172.29 new text begin into one or more stipulations for purposes of further proceedings according to the new text end 172.30 new text begin applicable procedures and statutory criteria of this chapter. new text end 172.31     new text begin Subd. 5. new text end new text begin Limitations on authority. new text end new text begin Nothing in this section shall be construed to new text end 172.32 new text begin permit a sanitary district, municipality, town, or other political subdivision to take, or new text end 172.33 new text begin agree to take, an action that is not otherwise authorized by this chapter. new text end 172.34    Sec. 32. new text begin REPEALER. new text end 173.1 new text begin Minnesota Statutes 2012, sections 115.18, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; new text end 173.2 new text begin 115.19; 115.20; 115.21; 115.22; 115.23; 115.24; 115.25; 115.26; 115.27; 115.28; 115.29; new text end 173.3 new text begin 115.30; 115.31; 115.32; 115.33; 115.34; 115.35; 115.36; and 115.37, new text end new text begin are repealed. new text end 173.4    Sec. 33. new text begin EFFECTIVE DATE. new text end 173.5 new text begin Unless otherwise provided in this article, sections 1 to 32 are effective August new text end 173.6 new text begin 1, 2013. new text end " 173.7Delete the title and insert: 173.8"A bill for an act 173.9relating to state government; appropriating money for environment, natural 173.10resources, and agriculture; modifying and providing for disposition of certain 173.11revenue; modifying pesticide control; providing certain fee exemptions; 173.12establishing agricultural water certification program; modifying Minnesota 173.13Noxious Weed Law; providing for biobased and biofuel products; modifying 173.14certain bond requirements; modifying animal waste technician provisions; 173.15making technical changes; modifying certain permit requirements; providing for 173.16federal law compliance; providing for certain easements; modifying all-terrain 173.17vehicle operating provisions; establishing pollinator habitat program; modifying 173.18snowmobile registration provisions; modifying state trails; modifying State 173.19Timber Act; modifying certain park boundaries and expenditures; modifying 173.20reporting requirements; modifying Petroleum Tank Release Cleanup Act; 173.21providing for silica sand mining model standards and technical assistance; 173.22providing for wastewater laboratory certification; providing for product 173.23stewardship program; providing for discontinuance of Hennepin County Soil and 173.24Water Conservation District; authorizing recreation of Hall's Island; providing 173.25for certain interim ordinance extension or renewal; repealing certain pollution 173.26control rules; modifying certain environmental review; modifying Water Law; 173.27modifying public utilities provisions; providing certain criteria for wastewater 173.28treatment systems; providing for sanitary districts; requiring studies and reports; 173.29requiring rulemaking;amending Minnesota Statutes 2012, sections 13.6435, by 173.30adding a subdivision; 13.7411, subdivision 4; 17.03, subdivision 3; 17.1015; 173.3117.118, subdivision 2; 18.77, subdivisions 3, 4, 10, 12; 18.78, subdivision 3; 173.3218.79, subdivisions 6, 13; 18.82, subdivision 1; 18.91, subdivisions 1, 2; 18B.01, 173.33by adding a subdivision; 18B.07, subdivisions 4, 5, 7; 18B.26, subdivision 3; 173.3418B.305; 18B.316, subdivisions 1, 3, 4, 8, 9; 18B.37, subdivision 4; 18C.111, 173.35subdivision 4; 18C.430; 18C.433, subdivision 1; 31.94; 41A.10, subdivision 2, 173.36by adding a subdivision; 41A.105, subdivisions 1a, 3, 5; 41A.12, subdivision 173.373, by adding a subdivision; 41B.04, subdivision 9; 41D.01, subdivision 4; 173.3884.027, by adding a subdivision; 84.415, by adding a subdivision; 84.63; 84.82, 173.39subdivision 3, by adding a subdivision; 84.8205, subdivision 1; 84.922, by 173.40adding a subdivision; 84.9256, subdivision 1; 84.928, subdivision 1; 84D.108, 173.41subdivision 2; 85.015, subdivision 13; 85.052, subdivision 6; 85.053, subdivision 173.428; 85.054, by adding a subdivision; 85.055, subdivisions 1, 2; 85.42; 89.0385; 173.4390.01, subdivisions 4, 5, 6, 8, 11; 90.031, subdivision 4; 90.041, subdivisions 173.442, 5, 6, 9, by adding subdivisions; 90.045; 90.061, subdivision 8; 90.101, 173.45subdivision 1; 90.121; 90.145; 90.151, subdivisions 1, 2, 3, 4, 6, 7, 8, 9; 173.4690.161; 90.162; 90.171; 90.181, subdivision 2; 90.191, subdivision 1; 90.193; 173.4790.195; 90.201, subdivision 2a; 90.211; 90.221; 90.252, subdivision 1; 90.301, 173.48subdivisions 2, 4; 90.41, subdivision 1; 93.46, by adding a subdivision; 93.481, 173.49subdivision 3; 97A.401, subdivision 3; 103G.265, subdivisions 2, 3; 103G.271, 173.50subdivisions 1, 4; 103G.287, subdivisions 1, 4, 5; 103I.205, subdivision 1; 173.51114D.50, subdivision 4; 115A.1320, subdivision 1; 115B.20, subdivision 173.526; 115B.28, subdivision 1; 115B.421; 115C.02, subdivision 4; 115C.08, 174.1subdivision 4, by adding a subdivision; 115D.10; 116.48, subdivision 6; 116C.03, 174.2subdivisions 2, 4, 5; 116D.04, by adding a subdivision; 116J.437, subdivision 1; 174.3223.17, by adding a subdivision; 232.22, by adding a subdivision; 239.051, by 174.4adding subdivisions; 239.761, subdivision 3; 239.791, subdivisions 1, 2a, 2b; 174.5239.7911; 275.066; 282.04, subdivision 1; 296A.01, by adding a subdivision; 174.6473.846; 583.215; Laws 2010, chapter 215, article 3, section 3, subdivision 6, 174.7as amended; Laws 2010, chapter 361, article 3, section 7; proposing coding for 174.8new law in Minnesota Statutes, chapters 17; 18; 84; 90; 93; 103G; 115; 115A; 174.9116C; 383B; proposing coding for new law as Minnesota Statutes, chapter 442A; 174.10repealing Minnesota Statutes 2012, sections 18.91, subdivisions 3, 5; 18B.07, 174.11subdivision 6; 90.163; 90.173; 90.41, subdivision 2; 103G.265, subdivision 2a; 174.12115.18, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10; 115.19; 115.20; 115.21; 115.22; 174.13115.23; 115.24; 115.25; 115.26; 115.27; 115.28; 115.29; 115.30; 115.31; 115.32; 174.14115.33; 115.34; 115.35; 115.36; 115.37; 239.791, subdivision 1a; Laws 2011, 174.15First Special Session chapter 2, article 4, section 30; Minnesota Rules, parts 174.167021.0010, subparts 1, 2, 4, 5; 7021.0020; 7021.0030; 7021.0040; 7021.0050, 174.17subpart 5; 9210.0300; 9210.0310; 9210.0320; 9210.0330; 9210.0340; 9210.0350; 174.189210.0360; 9210.0370; 9210.0380; 9220.0530, subpart 6." 175.1 We request the adoption of this report and repassage of the bill. 175.2 House Conferees: 175.3 ..... ..... 175.4 Jean Wagenius David Dill 175.5 ..... ..... 175.6 Jeanne Poppe Rick Hansen 175.7 ..... 175.8 Andrew Falk 175.9 Senate Conferees: 175.10 ..... ..... 175.11 David J. Tomassoni Tom Saxhaug 175.12 ..... ..... 175.13 Dan Sparks James P. Metzen 175.14 ..... 175.15 Torrey N. Westrom