Minnesota Legislature
HF 2310
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/12/2023 01:26pm
2.41 2.42
2.43 2.44 2.45 2.46 2.47 2.48 3.1 3.2 3.3 3.4 3.5 3.6
3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25
24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13
47.14 47.15
47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 51.36 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13
55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26
58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2
59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19
59.20 59.21 59.22 59.23 59.24
59.25 59.26 59.27 59.28 59.29
59.30 59.31 59.32 59.33 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20
61.21 61.22 61.23 61.24 61.25 61.26
61.27 61.28 61.29
61.30 61.31
61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13
62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 68.36 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 71.36 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 84.35 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 86.35 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 89.35 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 98.35 98.36 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29
100.30 100.31 100.32 100.33 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26
102.27
102.28 102.29 102.30 102.31 102.32 102.33 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14
103.15
103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16
104.17
104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31
105.1
105.2 105.3 105.4 105.5 105.6 105.7
105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27
107.28 107.29
108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23
108.24 108.25
108.26 108.27 108.28 108.29 108.30 108.31 109.1 109.2 109.3 109.4 109.5
109.6
109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 110.1 110.2 110.3 110.4
110.5 110.6
110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31
113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 115.35 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16
116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 118.35 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31
120.32 120.33 120.34 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22
121.23
121.24 121.25 121.26
121.27 121.28
122.1 122.2
122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33
124.1 124.2 124.3
124.4 124.5 124.6 124.7
124.8 124.9 124.10 124.11
124.12 124.13 124.14 124.15 124.16 124.17 124.18
124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4
129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14
129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 130.1 130.2 130.3 130.4 130.5 130.6
130.7 130.8 130.9 130.10 130.11
130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28
137.29 137.30 137.31 137.32 137.33 138.1 138.2 138.3 138.4 138.5
138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28
139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13
143.14
143.15 143.16 143.17 143.18 143.19 143.20 143.21
143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13
144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25
144.26 144.27 144.28 144.29 144.30 144.31 144.32 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9
145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 148.1 148.2 148.3 148.4 148.5 148.6 148.7
148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15
148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 149.1 149.2 149.3 149.4 149.5
149.6 149.7 149.8 149.9
149.10
149.11 149.12 149.13 149.14
149.15
149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26
149.27
150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12
150.13
150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 151.1 151.2 151.3 151.4 151.5 151.6 151.7
151.8
151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11
154.12
154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 160.1 160.2 160.3 160.4
160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28
160.29
161.1 161.2 161.3 161.4 161.5
161.6
161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9
162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 163.1 163.2 163.3
163.4
163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 164.1 164.2
164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14
164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24
164.25
164.26 164.27 164.28 164.29 164.30 164.31 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24
165.25 165.26 165.27 165.28 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10
171.11 171.12 171.13 171.14
171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18
173.19
173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26
174.27 174.28 174.29 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11
175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19
176.20
176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30
176.31
177.1 177.2 177.3 177.4 177.5 177.6 177.7
177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12
179.13
179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21
179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12
182.13
182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12
183.13
183.14 183.15 183.16 183.17 183.18 183.19 183.20
183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29
184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29
184.30 184.31 184.32 185.1 185.2 185.3 185.4
185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23
186.24
186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 187.1 187.2 187.3 187.4 187.5 187.6
187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19
187.20 187.21 187.22 187.23 187.24 187.25 187.26
187.27 187.28 187.29 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8
189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13
190.14 190.15 190.16 190.17
190.18 190.19 190.20
190.21 190.22
190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33
192.1 192.2 192.3 192.4 192.5
192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30
193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8
193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17
193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21
194.22 194.23 194.24 194.25 194.26 194.27
195.1 195.2 195.3 195.4 195.5
195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13
195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16
196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29
197.1 197.2 197.3 197.4 197.5 197.6 197.7
197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19
197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 199.1 199.2
199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33
201.1 201.2 201.3 201.4 201.5 201.6 201.7
201.8 201.9 201.10 201.11
201.12 201.13 201.14 201.15 201.16 201.17
201.18 201.19 201.20 201.21 201.22 201.23 201.24
201.25 201.26 201.27 201.28 201.29 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18
202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11
203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20
203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18
204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28
204.29 204.30 204.31 204.32 205.1 205.2 205.3 205.4 205.5 205.6 205.7
205.8 205.9 205.10 205.11 205.12
205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19
206.20
206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14
207.15
207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30
208.1
208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18
208.19
208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12
209.13
209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 210.1 210.2 210.3 210.4 210.5
210.6
210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22
210.23 210.24 210.25 210.26
210.27 210.28 210.29 210.30 211.1 211.2
211.3 211.4 211.5 211.6 211.7
211.8 211.9 211.10 211.11
211.12 211.13 211.14
211.15 211.16 211.17 211.18 211.19
211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28
212.29 212.30 212.31 212.32 212.33 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32
215.1 215.2 215.3 215.4
215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25
215.26 215.27 215.28 215.29
216.1 216.2 216.3 216.4 216.5
216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 217.1 217.2 217.3 217.4 217.5 217.6 217.7
217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 218.1 218.2 218.3 218.4 218.5 218.6
218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17
218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30
219.1 219.2 219.3 219.4 219.5
219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13
219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 220.1 220.2 220.3
220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18
220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28
221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9
221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19
221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 222.1 222.2 222.3
222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16
222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27
223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15
223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 224.1 224.2 224.3 224.4 224.5 224.6
224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25
224.26 224.27 224.28
225.1 225.2 225.3
225.4 225.5 225.6 225.7 225.8 225.9 225.10
225.11 225.12 225.13 225.14 225.15 225.16
225.17 225.18 225.19 225.20
225.21 225.22 225.23 225.24 225.25 225.26
225.27
226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25
226.26 226.27 226.28 226.29 226.30 226.31 226.32 227.1 227.2
227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20
227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16
228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 229.1 229.2
229.3
229.4 229.5 229.6
229.7 229.8 229.9 229.10 229.11 229.12
229.13 229.14 229.15 229.16 229.17 229.18 229.19
229.20 229.21 229.22 229.23 229.24
229.25 229.26 229.27 229.28
229.29
230.1 230.2 230.3 230.4
230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17
230.18 230.19 230.20
230.21 230.22 230.23
230.24 230.25 230.26
230.27 230.28 230.29 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16
231.17 231.18 231.19
231.20 231.21 231.22 231.23 231.24 231.25
231.26
231.27 231.28 231.29 231.30 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19
232.20
232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 233.1 233.2 233.3 233.4 233.5
233.6
233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25
233.26
233.27 233.28 233.29 233.30 233.31 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9
234.10 234.11 234.12 234.13
234.14 234.15 234.16 234.17 234.18
234.19 234.20 234.21 234.22 234.23 234.24
234.25 234.26 234.27 234.28 234.29 234.30 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11
235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21
235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 236.1 236.2 236.3
236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21
237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32
240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8
240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18
240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27
240.28 240.29 240.30 240.31 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22
241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10
242.11 242.12 242.13 242.14 242.15 242.16 242.17
242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29
245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16
245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27
245.28 245.29 245.30 245.31 245.32 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14
246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 247.1 247.2
247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19
247.20
247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 248.32 248.33 248.34 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15
250.16 250.17 250.18 250.19 250.20 250.21
250.22 250.23 250.24 250.25
250.26 250.27 250.28 250.29 250.30 250.31 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9
251.10
251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25
251.26 251.27 251.28 251.29 251.30 251.31 251.32
252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9
252.10 252.11 252.12 252.13 252.14 252.15
252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26
252.27 252.28 252.29
252.30
253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8
253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29
253.30 253.31 253.32 254.1 254.2 254.3 254.4 254.5 254.6 254.7
254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21
254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8
255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17
255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26
255.27 255.28
256.1 256.2
256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29
257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 257.32 257.33 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8
258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22
258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 259.1 259.2 259.3 259.4 259.5
259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22
260.23
260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 261.1 261.2 261.3 261.4 261.5
261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18
261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 262.1 262.2 262.3
262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14
262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28
263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31
264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17
264.18 264.19 264.20 264.21 264.22
264.23 264.24 264.25 264.26 264.27 264.28
265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24
265.25 265.26 265.27 265.28 265.29 265.30 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24
266.25 266.26 266.27 266.28 266.29 266.30 266.31 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8
267.9 267.10 267.11 267.12 267.13 267.14
267.15 267.16 267.17 267.18 267.19
267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10
268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32
269.1 269.2 269.3 269.4 269.5
269.6 269.7
269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21
269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 271.1 271.2 271.3 271.4 271.5
271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31
271.32
272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20
272.21
272.22 272.23 272.24 272.25 272.26
272.27
272.28 272.29 272.30 272.31 272.32 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11
273.12
273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17
274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26
274.27 274.28 274.29 274.30 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18
275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28
276.1 276.2 276.3 276.4 276.5 276.6 276.7
276.8 276.9 276.10 276.11 276.12
276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30
277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11
277.12
277.13 277.14 277.15 277.16 277.17
277.18 277.19
277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30
279.1 279.2 279.3 279.4 279.5
279.6 279.7 279.8 279.9 279.10
279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20
279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15
280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 281.1 281.2 281.3 281.4
281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25
281.26 281.27 281.28 281.29 281.30 282.1 282.2
282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21
282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 282.33 283.1 283.2 283.3 283.4
283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8
284.9 284.10 284.11 284.12 284.13 284.14
284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 285.1 285.2 285.3 285.4 285.5 285.6 285.7
285.8 285.9
285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19
286.20 286.21
286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 286.34
287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 287.32 287.33 287.34 288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 288.33 288.34 288.35 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 290.33 290.34 290.35 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 291.34 291.35 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 292.33 292.34 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 293.33 293.34 294.1 294.2 294.3 294.4
294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32 294.33 294.34 295.1 295.2 295.3
295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23
295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 295.33 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10
296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23
296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 296.32 296.33 296.34 296.35 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30
297.31 297.32 297.33 297.34 297.35 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22
298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 298.32 298.33 298.34
299.1 299.2
299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18
299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 299.34 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 300.33 300.34 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32 301.33 301.34 301.35 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30 302.31 302.32 302.33 302.34 302.35 303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28 303.29 303.30 303.31 303.32 303.33 303.34 303.35 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8
304.9 304.10 304.11 304.12 304.13 304.14
304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 304.32 304.33 304.34 304.35 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27
305.28 305.29 305.30 305.31 305.32 305.33 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14
306.15 306.16
306.17 306.18 306.19 306.20 306.21
306.22
306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30 306.31 306.32 307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8
307.9
307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27
307.28
308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17
308.18
308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25 309.26 309.27 309.28 309.29 309.30 310.1 310.2 310.3 310.4 310.5 310.6 310.7 310.8 310.9 310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 312.1 312.2 312.3 312.4 312.5 312.6
312.7
312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 312.31 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 313.31 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 315.1 315.2 315.3 315.4 315.5 315.6 315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30 316.31 316.32 317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25 317.26 317.27
317.28 317.29 317.30 317.31 317.32 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29 319.30 319.31 320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23
320.24
320.25 320.26 320.27 320.28 320.29 320.30 320.31 320.32 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15
321.16
321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28 321.29 321.30 321.31 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20 322.21 322.22 322.23 322.24 322.25 322.26 322.27 322.28 322.29 322.30 322.31 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16 323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 323.32 324.1 324.2 324.3 324.4 324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19 324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 324.31 324.32
325.1
325.2 325.3 325.4 325.5 325.6 325.7
325.8
325.9 325.10
325.11 325.12
325.13 325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11 326.12 326.13 326.14 326.15 326.16 326.17 326.18 326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 327.1 327.2 327.3 327.4 327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27 327.28 327.29 328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22 328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30 328.31 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32 330.1 330.2 330.3 330.4 330.5
330.6
330.7 330.8 330.9 330.10 330.11 330.12 330.13 330.14 330.15 330.16 330.17 330.18 330.19 330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28
330.29
331.1 331.2 331.3 331.4 331.5 331.6 331.7 331.8 331.9 331.10
331.11
331.12 331.13 331.14 331.15 331.16 331.17 331.18 331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 331.31 331.32 332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21 332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15
333.16
333.17 333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25
333.26
333.27 333.28 333.29 333.30 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8
334.9 334.10 334.11 334.12 334.13 334.14 334.15 334.16 334.17 334.18 334.19 334.20 334.21 334.22
334.23 334.24 334.25 334.26 334.27 334.28 334.29 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8
335.9
335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20
335.21
335.22 335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30 335.31 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18
336.19
336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 337.1 337.2 337.3 337.4 337.5 337.6 337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14 337.15
337.16
337.17 337.18 337.19 337.20 337.21 337.22 337.23 337.24 337.25 337.26 337.27 337.28 337.29 337.30 337.31 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12 338.13 338.14 338.15 338.16 338.17 338.18 338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 339.1 339.2 339.3 339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14 339.15 339.16 339.17 339.18 339.19 339.20 339.21 339.22 339.23 339.24 339.25 339.26 339.27 339.28 339.29 340.1 340.2 340.3 340.4 340.5 340.6 340.7 340.8 340.9 340.10 340.11 340.12 340.13 340.14 340.15 340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9 341.10 341.11 341.12 341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30 342.1 342.2 342.3 342.4 342.5 342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26 342.27 342.28 342.29 342.30 342.31 342.32 343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23 343.24 343.25 343.26 343.27 343.28 343.29 343.30 344.1 344.2 344.3 344.4 344.5 344.6 344.7 344.8 344.9 344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29 344.30 345.1 345.2 345.3 345.4 345.5 345.6 345.7 345.8 345.9 345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23 345.24 345.25 345.26 345.27 345.28 345.29 345.30 345.31 345.32 345.33 345.34
346.1 346.2
346.3 346.4 346.5 346.6 346.7 346.8 346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22 346.23 346.24 346.25 346.26 346.27 346.28 346.29 346.30 346.31 347.1 347.2
347.3
347.4 347.5 347.6 347.7 347.8 347.9 347.10 347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22 347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 347.31 348.1 348.2 348.3 348.4 348.5 348.6 348.7 348.8 348.9 348.10 348.11 348.12 348.13 348.14 348.15 348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26 348.27 348.28 348.29 348.30 348.31 349.1 349.2 349.3 349.4 349.5 349.6 349.7 349.8 349.9 349.10 349.11 349.12 349.13 349.14
349.15
349.16 349.17 349.18 349.19 349.20 349.21
349.22
349.23 349.24 349.25 349.26
349.27 349.28 349.29 349.30 349.31 350.1 350.2 350.3
350.4
350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13 350.14 350.15 350.16
350.17
350.18 350.19 350.20 350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30 350.31 350.32 350.33 351.1 351.2 351.3
351.4
351.5 351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15 351.16 351.17 351.18 351.19 351.20
351.21
351.22 351.23 351.24 351.25 351.26 351.27 351.28 351.29 351.30 351.31 351.32 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10 352.11 352.12 352.13 352.14 352.15 352.16 352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25 352.26 352.27 352.28 352.29 352.30 353.1 353.2 353.3 353.4 353.5 353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14 353.15 353.16 353.17
353.18
353.19 353.20 353.21 353.22 353.23 353.24 353.25 353.26 353.27 353.28 353.29 353.30 354.1 354.2 354.3 354.4 354.5 354.6 354.7
354.8
354.9 354.10 354.11 354.12 354.13 354.14 354.15 354.16 354.17 354.18 354.19 354.20 354.21 354.22 354.23
354.24
354.25 354.26 354.27 354.28 354.29 355.1 355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10
355.11
355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22
355.23
355.24 355.25 355.26 355.27 355.28 355.29 355.30 355.31 355.32 356.1 356.2 356.3 356.4 356.5 356.6 356.7 356.8 356.9 356.10 356.11 356.12 356.13 356.14 356.15 356.16 356.17 356.18 356.19 356.20 356.21 356.22
356.23
356.24 356.25 356.26 356.27 356.28 356.29 356.30 356.31 356.32 356.33 356.34 357.1 357.2 357.3 357.4 357.5 357.6 357.7 357.8 357.9 357.10 357.11 357.12 357.13 357.14 357.15 357.16 357.17 357.18 357.19 357.20 357.21 357.22 357.23 357.24 357.25 357.26 357.27 357.28 357.29 357.30 357.31 357.32 357.33 357.34 357.35 358.1 358.2 358.3 358.4 358.5 358.6 358.7 358.8 358.9 358.10
358.11 358.12 358.13 358.14 358.15 358.16 358.17 358.18 358.19
358.20
358.21 358.22 358.23
358.24
358.25 358.26
358.27 358.28 358.29 358.30 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8
359.9 359.10
359.11 359.12 359.13 359.14 359.15 359.16 359.17 359.18 359.19 359.20 359.21 359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30 359.31 360.1 360.2 360.3 360.4 360.5 360.6 360.7 360.8 360.9 360.10 360.11 360.12 360.13 360.14 360.15 360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 361.1 361.2 361.3 361.4 361.5 361.6 361.7 361.8 361.9 361.10 361.11 361.12 361.13 361.14 361.15
361.16 361.17
361.18 361.19 361.20 361.21 361.22 361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 362.1 362.2 362.3 362.4 362.5 362.6 362.7 362.8 362.9 362.10 362.11 362.12 362.13 362.14 362.15 362.16 362.17 362.18 362.19 362.20 362.21 362.22 362.23 362.24 362.25 362.26 362.27 362.28 362.29 362.30 362.31 363.1 363.2 363.3 363.4 363.5 363.6 363.7 363.8 363.9 363.10 363.11 363.12 363.13 363.14 363.15 363.16 363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 363.31 364.1 364.2 364.3 364.4 364.5 364.6 364.7 364.8 364.9 364.10 364.11 364.12 364.13 364.14 364.15 364.16 364.17 364.18 364.19 364.20 364.21 364.22 364.23 364.24 364.25 364.26 364.27 364.28 364.29 364.30 364.31 365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13 365.14 365.15 365.16 365.17 365.18 365.19 365.20 365.21 365.22 365.23 365.24 365.25 365.26 365.27 365.28 365.29 365.30 365.31 365.32 365.33 366.1 366.2 366.3 366.4 366.5 366.6 366.7 366.8 366.9 366.10 366.11 366.12 366.13
366.14 366.15 366.16
366.17 366.18
366.19 366.20
366.21 366.22 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 367.1 367.2 367.3 367.4 367.5 367.6 367.7 367.8 367.9 367.10 367.11 367.12 367.13 367.14 367.15 367.16 367.17 367.18 367.19 367.20 367.21 367.22 367.23 367.24 367.25 367.26 367.27 367.28 367.29 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12 368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22 368.23 368.24 368.25 368.26 368.27 368.28 368.29 368.30 368.31 368.32 368.33 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17 369.18 369.19 369.20 369.21 369.22 369.23 369.24 369.25 369.26 369.27 369.28 369.29 369.30 369.31 370.1 370.2 370.3 370.4 370.5 370.6 370.7 370.8 370.9 370.10 370.11 370.12 370.13 370.14 370.15 370.16 370.17 370.18 370.19 370.20 370.21 370.22 370.23 370.24 370.25 370.26 370.27 370.28 370.29 370.30 370.31 370.32 371.1 371.2 371.3 371.4 371.5 371.6 371.7 371.8 371.9 371.10 371.11 371.12 371.13 371.14 371.15 371.16 371.17 371.18 371.19 371.20 371.21 371.22 371.23 371.24 371.25 371.26 371.27 371.28 371.29 371.30 372.1 372.2 372.3 372.4 372.5 372.6 372.7 372.8 372.9 372.10 372.11 372.12 372.13 372.14 372.15 372.16 372.17 372.18 372.19 372.20 372.21 372.22 372.23 372.24
372.25
372.26 372.27 372.28 372.29 372.30 372.31 373.1 373.2 373.3 373.4 373.5 373.6 373.7 373.8 373.9 373.10 373.11 373.12 373.13 373.14 373.15 373.16 373.17 373.18 373.19 373.20 373.21 373.22 373.23 373.24 373.25 373.26 373.27 373.28 373.29 373.30 373.31 374.1 374.2 374.3 374.4 374.5 374.6 374.7 374.8 374.9 374.10 374.11 374.12 374.13 374.14 374.15 374.16 374.17 374.18 374.19 374.20 374.21 374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 374.30 374.31 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13 375.14 375.15 375.16 375.17 375.18 375.19 375.20 375.21 375.22 375.23 375.24 375.25 375.26 375.27 375.28 375.29 376.1 376.2 376.3 376.4 376.5 376.6 376.7 376.8 376.9 376.10 376.11 376.12 376.13 376.14 376.15 376.16 376.17 376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25 376.26 376.27 376.28 376.29 376.30 377.1 377.2 377.3 377.4 377.5 377.6 377.7 377.8 377.9 377.10 377.11 377.12 377.13 377.14 377.15 377.16 377.17 377.18 377.19 377.20 377.21 377.22 377.23 377.24 377.25 377.26 377.27 377.28 377.29 377.30 377.31 377.32 378.1 378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11 378.12 378.13 378.14 378.15 378.16 378.17 378.18 378.19 378.20 378.21 378.22 378.23 378.24 378.25 378.26 378.27 378.28 378.29 378.30 378.31 379.1 379.2 379.3 379.4 379.5 379.6 379.7 379.8 379.9 379.10 379.11 379.12 379.13 379.14 379.15 379.16 379.17 379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26 379.27 379.28 379.29 379.30 379.31 379.32 380.1 380.2 380.3 380.4 380.5 380.6 380.7 380.8 380.9 380.10 380.11 380.12 380.13 380.14 380.15 380.16 380.17 380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30 381.1 381.2 381.3 381.4 381.5 381.6 381.7 381.8 381.9 381.10 381.11 381.12 381.13 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 381.31 381.32 381.33 382.1 382.2 382.3 382.4 382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14 382.15 382.16 382.17 382.18 382.19 382.20 382.21 382.22 382.23 382.24 382.25 382.26 382.27 382.28 382.29 382.30 382.31 383.1 383.2 383.3 383.4 383.5 383.6 383.7 383.8 383.9 383.10 383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25 383.26 383.27 383.28 383.29 383.30 384.1 384.2 384.3 384.4 384.5 384.6 384.7 384.8 384.9 384.10 384.11 384.12 384.13 384.14 384.15 384.16 384.17 384.18 384.19 384.20 384.21 384.22 384.23 384.24 384.25 384.26 384.27 384.28 384.29 384.30 384.31 384.32 385.1 385.2 385.3 385.4 385.5 385.6 385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14 385.15 385.16 385.17
385.18
385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26 385.27 385.28 386.1 386.2 386.3 386.4 386.5 386.6 386.7 386.8 386.9 386.10 386.11 386.12 386.13 386.14
386.15
386.16 386.17 386.18 386.19 386.20 386.21 386.22 386.23 386.24 386.25 386.26 386.27 386.28 386.29 386.30 387.1 387.2 387.3 387.4 387.5 387.6 387.7 387.8 387.9 387.10 387.11 387.12 387.13 387.14 387.15 387.16 387.17 387.18 387.19 387.20 387.21 387.22 387.23 387.24 387.25 387.26 387.27 387.28 387.29 387.30 387.31 387.32 388.1 388.2 388.3 388.4 388.5 388.6 388.7 388.8 388.9 388.10 388.11 388.12 388.13 388.14 388.15 388.16 388.17 388.18 388.19 388.20 388.21 388.22 388.23 388.24 388.25 388.26 388.27 388.28
388.29
389.1 389.2
389.3 389.4 389.5 389.6 389.7 389.8 389.9 389.10 389.11 389.12 389.13 389.14 389.15 389.16 389.17 389.18 389.19 389.20 389.21 389.22 389.23 389.24 389.25 389.26 389.27 389.28 389.29 389.30 389.31 390.1 390.2 390.3 390.4 390.5 390.6 390.7 390.8 390.9 390.10 390.11 390.12 390.13 390.14 390.15 390.16 390.17
390.18
390.19 390.20 390.21 390.22 390.23 390.24 390.25 390.26 390.27 390.28 390.29 390.30 390.31 390.32 391.1 391.2 391.3 391.4 391.5 391.6 391.7 391.8 391.9 391.10 391.11 391.12 391.13 391.14 391.15 391.16 391.17 391.18 391.19 391.20 391.21 391.22 391.23 391.24 391.25 391.26 391.27 391.28 391.29 391.30 391.31 392.1 392.2 392.3 392.4 392.5 392.6 392.7
392.8
392.9 392.10 392.11 392.12 392.13 392.14 392.15 392.16 392.17 392.18
392.19
392.20 392.21 392.22 392.23 392.24 392.25 392.26 392.27 392.28 392.29 392.30 392.31 393.1 393.2 393.3 393.4 393.5 393.6 393.7 393.8 393.9 393.10 393.11 393.12 393.13 393.14 393.15 393.16 393.17 393.18 393.19 393.20 393.21 393.22 393.23 393.24 393.25 393.26 393.27 393.28 393.29 393.30 393.31 393.32 394.1 394.2 394.3 394.4 394.5 394.6 394.7 394.8 394.9 394.10 394.11 394.12 394.13 394.14 394.15 394.16 394.17 394.18 394.19 394.20 394.21 394.22 394.23 394.24 394.25 394.26 394.27 394.28 394.29 394.30 395.1 395.2 395.3 395.4 395.5 395.6 395.7 395.8 395.9 395.10 395.11 395.12 395.13 395.14 395.15 395.16 395.17 395.18 395.19 395.20 395.21 395.22 395.23 395.24 395.25 395.26 395.27 395.28 395.29 395.30 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 396.9 396.10 396.11 396.12 396.13 396.14 396.15 396.16 396.17 396.18 396.19 396.20 396.21 396.22 396.23 396.24 396.25 396.26 396.27 396.28 396.29 397.1 397.2 397.3
397.4
397.5 397.6 397.7 397.8 397.9 397.10 397.11 397.12 397.13 397.14 397.15 397.16 397.17 397.18 397.19 397.20 397.21
397.22
397.23 397.24 397.25 397.26 397.27 397.28 397.29 397.30 398.1 398.2 398.3 398.4 398.5 398.6 398.7 398.8 398.9 398.10 398.11 398.12 398.13 398.14 398.15 398.16 398.17 398.18 398.19 398.20 398.21 398.22 398.23 398.24 398.25 398.26 398.27 398.28 398.29 398.30 398.31 398.32 399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8 399.9
399.10
399.11 399.12 399.13 399.14 399.15 399.16 399.17 399.18 399.19 399.20 399.21 399.22 399.23 399.24 399.25 399.26 399.27 399.28 399.29 399.30 400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 400.11 400.12 400.13 400.14 400.15 400.16 400.17 400.18 400.19 400.20 400.21 400.22 400.23 400.24 400.25 400.26 400.27 400.28 400.29 400.30 400.31 400.32 401.1 401.2 401.3 401.4 401.5 401.6 401.7 401.8 401.9 401.10 401.11 401.12 401.13 401.14 401.15 401.16 401.17 401.18 401.19 401.20 401.21 401.22 401.23 401.24 401.25 401.26 401.27 401.28 401.29 401.30 401.31 401.32 402.1 402.2 402.3 402.4 402.5 402.6 402.7 402.8 402.9 402.10 402.11 402.12 402.13 402.14 402.15 402.16 402.17 402.18 402.19 402.20 402.21 402.22 402.23 402.24 402.25 402.26 402.27 402.28 402.29 402.30 402.31 403.1 403.2 403.3 403.4 403.5 403.6 403.7 403.8 403.9 403.10 403.11 403.12 403.13 403.14 403.15 403.16 403.17 403.18 403.19 403.20 403.21 403.22 403.23 403.24 403.25 403.26 403.27 403.28 403.29 403.30 403.31 403.32 404.1 404.2 404.3 404.4
404.5 404.6 404.7 404.8 404.9 404.10 404.11 404.12 404.13 404.14 404.15 404.16 404.17 404.18 404.19 404.20 404.21 404.22 404.23 404.24 404.25 404.26 404.27 404.28 404.29 404.30 404.31 405.1 405.2 405.3 405.4 405.5 405.6 405.7 405.8 405.9 405.10 405.11 405.12 405.13 405.14 405.15 405.16 405.17 405.18 405.19 405.20 405.21 405.22 405.23 405.24 405.25 405.26 405.27 405.28 405.29 405.30 405.31 405.32 406.1 406.2 406.3 406.4 406.5 406.6 406.7 406.8 406.9 406.10 406.11 406.12 406.13 406.14 406.15 406.16 406.17 406.18 406.19 406.20 406.21 406.22 406.23 406.24 406.25 406.26 406.27 406.28 406.29 406.30 406.31 406.32 407.1 407.2 407.3 407.4 407.5 407.6 407.7 407.8 407.9 407.10 407.11 407.12 407.13 407.14 407.15
407.16
407.17 407.18 407.19 407.20 407.21 407.22 407.23 407.24 407.25 407.26 407.27 407.28 407.29 407.30 408.1 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10 408.11 408.12 408.13 408.14 408.15 408.16 408.17 408.18 408.19 408.20 408.21 408.22 408.23 408.24 408.25 408.26 408.27 408.28 408.29 408.30 408.31 408.32 408.33 409.1 409.2 409.3 409.4 409.5 409.6 409.7 409.8 409.9 409.10 409.11 409.12 409.13 409.14 409.15 409.16 409.17 409.18 409.19 409.20 409.21 409.22 409.23 409.24 409.25 409.26 409.27 409.28 409.29 409.30 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 410.10 410.11 410.12 410.13 410.14 410.15 410.16
410.17 410.18 410.19 410.20 410.21 410.22 410.23 410.24 410.25 410.26 410.27 410.28 410.29 410.30 410.31 410.32 411.1 411.2 411.3 411.4 411.5 411.6 411.7 411.8 411.9 411.10 411.11 411.12 411.13 411.14 411.15 411.16 411.17 411.18 411.19 411.20 411.21 411.22 411.23 411.24 411.25 411.26 411.27 411.28 411.29 411.30 411.31 411.32 411.33 412.1 412.2 412.3 412.4 412.5 412.6 412.7 412.8 412.9 412.10 412.11 412.12 412.13 412.14 412.15 412.16 412.17 412.18 412.19 412.20 412.21 412.22 412.23 412.24 412.25 412.26 412.27 412.28 412.29
412.30 412.31 412.32 412.33 413.1 413.2 413.3 413.4 413.5 413.6 413.7
413.8 413.9 413.10 413.11 413.12 413.13 413.14 413.15 413.16 413.17 413.18 413.19 413.20 413.21 413.22 413.23 413.24 413.25 413.26 413.27 413.28 413.29 413.30 413.31 413.32 414.1 414.2 414.3 414.4 414.5 414.6 414.7 414.8 414.9 414.10 414.11 414.12 414.13 414.14 414.15 414.16 414.17 414.18 414.19 414.20 414.21 414.22 414.23 414.24 414.25 414.26 414.27 414.28 414.29 414.30 414.31 414.32 414.33 415.1 415.2 415.3 415.4 415.5 415.6 415.7 415.8 415.9 415.10 415.11 415.12 415.13 415.14 415.15 415.16 415.17 415.18 415.19 415.20 415.21 415.22 415.23 415.24 415.25 415.26 415.27 415.28 415.29 415.30 415.31 415.32 415.33 416.1 416.2
416.3 416.4 416.5 416.6 416.7 416.8 416.9
416.10
416.11 416.12
416.13
416.14 416.15
416.16 416.17 416.18 416.19 416.20 416.21 416.22 416.23 416.24 416.25 416.26 416.27 416.28 416.29 416.30 416.31 417.1 417.2 417.3 417.4 417.5 417.6 417.7 417.8 417.9 417.10 417.11 417.12 417.13 417.14 417.15 417.16 417.17 417.18 417.19 417.20 417.21 417.22 417.23 417.24 417.25 417.26 417.27 417.28 417.29 417.30 417.31 417.32 417.33 417.34 417.35 418.1 418.2 418.3 418.4 418.5 418.6 418.7 418.8 418.9 418.10 418.11 418.12 418.13 418.14 418.15 418.16 418.17 418.18 418.19 418.20 418.21 418.22 418.23 418.24 418.25 418.26 418.27 418.28 418.29 418.30 418.31 418.32 419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 419.11 419.12 419.13 419.14 419.15 419.16 419.17 419.18 419.19 419.20 419.21 419.22 419.23 419.24 419.25 419.26 419.27 419.28 419.29 419.30 419.31 419.32 419.33 419.34 420.1 420.2 420.3 420.4 420.5 420.6 420.7 420.8 420.9 420.10 420.11 420.12 420.13 420.14 420.15 420.16 420.17 420.18 420.19 420.20 420.21 420.22 420.23 420.24 420.25 420.26 420.27 420.28 420.29 420.30 420.31 421.1 421.2 421.3
421.4 421.5
421.6 421.7 421.8 421.9 421.10 421.11 421.12 421.13 421.14 421.15 421.16 421.17 421.18 421.19 421.20 421.21 421.22 421.23 421.24 421.25 421.26 421.27 421.28 421.29 421.30 421.31 422.1 422.2 422.3 422.4 422.5 422.6 422.7 422.8 422.9 422.10 422.11 422.12 422.13
422.14
422.15 422.16 422.17 422.18 422.19 422.20 422.21 422.22 422.23 422.24 422.25 422.26 422.27 422.28 422.29 422.30 422.31 423.1 423.2 423.3 423.4 423.5 423.6 423.7 423.8 423.9 423.10 423.11 423.12 423.13 423.14 423.15 423.16 423.17 423.18 423.19 423.20 423.21 423.22 423.23 423.24 423.25 423.26 423.27 423.28 423.29 423.30 423.31 423.32 423.33 423.34 424.1 424.2 424.3 424.4 424.5 424.6 424.7 424.8 424.9 424.10 424.11
424.12 424.13 424.14 424.15 424.16 424.17 424.18 424.19 424.20 424.21 424.22 424.23 424.24 424.25 424.26
424.27 424.28 424.29 424.30 424.31 425.1 425.2 425.3 425.4 425.5 425.6 425.7 425.8 425.9 425.10 425.11 425.12 425.13 425.14 425.15 425.16 425.17 425.18 425.19 425.20 425.21 425.22 425.23
425.24 425.25 425.26 425.27 425.28 425.29 425.30 425.31 425.32 425.33 426.1 426.2 426.3 426.4
426.5 426.6 426.7 426.8 426.9 426.10 426.11 426.12 426.13 426.14 426.15 426.16 426.17 426.18 426.19 426.20 426.21 426.22 426.23 426.24 426.25 426.26 426.27 426.28 426.29 426.30 426.31 427.1 427.2 427.3 427.4 427.5 427.6 427.7 427.8 427.9 427.10 427.11 427.12 427.13 427.14 427.15 427.16 427.17 427.18 427.19 427.20 427.21 427.22 427.23 427.24 427.25
427.26 427.27 427.28 427.29 427.30 427.31 427.32 428.1 428.2 428.3 428.4 428.5 428.6 428.7
428.8
428.9 428.10 428.11 428.12 428.13 428.14 428.15 428.16 428.17 428.18 428.19 428.20 428.21 428.22 428.23 428.24 428.25 428.26 428.27 428.28
428.29
429.1 429.2 429.3 429.4
429.5
429.6 429.7 429.8 429.9 429.10 429.11 429.12 429.13 429.14 429.15 429.16 429.17 429.18 429.19 429.20 429.21 429.22 429.23 429.24 429.25 429.26 429.27 429.28 429.29 429.30 429.31 430.1 430.2 430.3 430.4 430.5 430.6 430.7 430.8 430.9 430.10 430.11 430.12 430.13 430.14 430.15 430.16 430.17 430.18 430.19 430.20 430.21 430.22 430.23 430.24 430.25 430.26 430.27 430.28 430.29 430.30 430.31 430.32 431.1 431.2 431.3 431.4 431.5 431.6 431.7 431.8 431.9 431.10 431.11 431.12 431.13 431.14 431.15 431.16 431.17 431.18 431.19 431.20 431.21 431.22 431.23 431.24 431.25 431.26 431.27 431.28 431.29 431.30 431.31 431.32 431.33 431.34 432.1 432.2 432.3 432.4 432.5 432.6 432.7 432.8 432.9 432.10 432.11 432.12 432.13 432.14 432.15 432.16 432.17 432.18 432.19 432.20 432.21 432.22 432.23 432.24 432.25 432.26 432.27 432.28 432.29 432.30 432.31 432.32 432.33 433.1 433.2 433.3 433.4 433.5 433.6 433.7 433.8 433.9 433.10 433.11 433.12 433.13 433.14 433.15 433.16 433.17 433.18 433.19 433.20 433.21
433.22
433.23 433.24 433.25 433.26 433.27 433.28 433.29 434.1 434.2 434.3 434.4 434.5 434.6 434.7 434.8 434.9 434.10 434.11 434.12 434.13 434.14 434.15 434.16 434.17 434.18 434.19 434.20 434.21 434.22 434.23 434.24 434.25 434.26 434.27 434.28 434.29 434.30 434.31 434.32 435.1 435.2 435.3 435.4 435.5 435.6 435.7 435.8 435.9 435.10 435.11 435.12
435.13
435.14 435.15 435.16 435.17 435.18 435.19 435.20 435.21
435.22 435.23 435.24 435.25
435.26
435.27 435.28 435.29 435.30 436.1 436.2 436.3 436.4 436.5 436.6 436.7
436.8
436.9 436.10 436.11 436.12 436.13 436.14 436.15 436.16 436.17 436.18 436.19 436.20 436.21 436.22 436.23 436.24 436.25 436.26 436.27 436.28 436.29 436.30 436.31 436.32 436.33 437.1 437.2 437.3 437.4 437.5 437.6
A bill for an act
relating to state government; appropriating money for environment, natural
resources, climate, and energy; modifying prior appropriations; providing for and
modifying disposition of certain receipts; modifying and establishing duties,
authorities, and prohibitions regarding environment and natural resources;
modifying and creating environment and natural resources programs; modifying
and creating grant programs; reestablishing citizen board of Pollution Control
Agency; reestablishing Legislative Water Commission; modifying
Legislative-Citizen Commission on Minnesota Resources; modifying permit and
environmental review requirements; modifying requirements for recreational
vehicles; modifying state trail and state park provisions; establishing Lowland
Conifer Carbon Reserve; modifying forestry provisions; modifying game and fish
provisions; modifying regulation of farmed Cervidae; regulating certain seeds and
pesticides; modifying Water Law; providing appointments; modifying and providing
for fees; establishing a biennial budget for Department of Commerce, Public
Utilities Commission, and energy, climate, and clean energy activities; establishing
and modifying provisions governing energy, clean and renewable energy, energy
storage, energy use and conservation, and utility regulation; providing for enhanced
transportation electrification; adding and modifying provisions governing Public
Utilities Commission proceedings; establishing various clean and renewable energy
grant programs; making technical changes; requiring reports; requiring rulemaking;
amending Minnesota Statutes 2022, sections 13.643, subdivision 6; 16A.151,
subdivision 2; 16A.152, subdivision 2; 16B.325; 16B.58, by adding a subdivision;
16C.135, subdivision 3; 16C.137, subdivision 1; 17.118, subdivision 2; 18B.01,
subdivision 31; 18B.09, subdivision 2, by adding a subdivision; 21.82, subdivision
3; 21.86, subdivision 2; 35.155, subdivisions 1, 4, 10, 11, 12, by adding
subdivisions; 35.156, subdivision 2, by adding subdivisions; 84.02, by adding a
subdivision; 84.0274, subdivision 6; 84.0276; 84.415, subdivisions 3, 6, 7, by
adding a subdivision; 84.788, subdivision 5; 84.82, subdivision 2, by adding a
subdivision; 84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision
1; 84.90, subdivision 7; 84.992, subdivisions 2, 5; 84D.02, subdivision 3; 84D.10,
subdivision 3; 84D.15, subdivision 2; 85.015, subdivision 10; 85.052, subdivision
6; 85.055, subdivision 1; 85A.01, subdivision 1; 86B.005, by adding a subdivision;
86B.313, subdivision 4; 86B.415, subdivisions 1, 1a, 2, 3, 4, 5, 7; 89A.03,
subdivision 5; 90.181, subdivision 2; 97A.015, by adding a subdivision; 97A.031;
97A.126; 97A.137, subdivision 3; 97A.315, subdivision 1; 97A.401, subdivision
1, by adding a subdivision; 97A.405, subdivision 5; 97A.421, subdivision 3;
97A.473, subdivisions 2, 2a, 2b, 5, 5a; 97A.474, subdivision 2; 97A.475,
subdivisions 6, 7, 8, 10, 10a, 11, 12, 13, 41; 97B.071; 97B.301, subdivision 6;
97B.516; 97B.668; 97C.087, subdivision 2; 97C.315, subdivision 1; 97C.345,
subdivision 1; 97C.355, by adding a subdivision; 97C.371, subdivisions 1, 2, 4;
97C.395, subdivision 1; 97C.601, subdivision 1; 97C.605, subdivisions 1, 2c, 3;
97C.611; 97C.836; 103B.101, subdivisions 2, 9, 16, by adding a subdivision;
103B.103; 103C.501, subdivisions 1, 4, 5, 6, by adding a subdivision; 103D.605,
subdivision 5; 103F.505; 103F.511, by adding subdivisions; 103G.005, by adding
subdivisions; 103G.2242, subdivision 1; 103G.271, subdivision 6; 103G.287,
subdivisions 2, 3; 103G.299, subdivisions 1, 2, 5, 10; 103G.301, subdivisions 2,
6, 7; 115.01, by adding subdivisions; 115.03, subdivision 1, by adding a
subdivision; 115.061; 115A.03, by adding a subdivision; 115A.1415; 115A.565,
subdivisions 1, 3; 115B.17, subdivision 14; 115B.171, subdivision 3; 115B.52,
subdivision 4; 116.02; 116.03, subdivisions 1, 2a; 116.06, subdivision 1, by adding
subdivisions; 116.07, subdivision 6, by adding subdivisions; 116C.03, subdivision
2a; 116C.779, subdivision 1; 116C.7792; 116P.05, subdivisions 1, 1a, 2; 116P.09,
subdivision 6; 116P.11; 116P.15; 116P.16; 116P.18; 168.1295, subdivision 1;
168.27, by adding a subdivision; 171.07, by adding a subdivision; 216B.096,
subdivision 11; 216B.1611, by adding a subdivision; 216B.164, by adding a
subdivision; 216B.1641; 216B.1645, subdivision 4; 216B.17, subdivision 1;
216B.2402, subdivision 16; 216B.2422, subdivision 7; 216B.2425, subdivision 3;
216B.243, subdivision 8, as amended; 216B.50, subdivision 1; 216B.62, subdivision
3b; 216C.05, subdivision 2; 216C.08; 216C.09; 216C.264, subdivision 5, by adding
subdivisions; 216C.375; 216E.01, subdivision 6, by adding a subdivision; 216E.03,
subdivisions 1, 3, 5, as amended, 6, 7, as amended; 216E.04, subdivision 2, as
amended; 216E.05, subdivision 2; 216E.06; 216E.07; 216E.10; 216H.02,
subdivision 1; 237.55; 297A.94; 325E.046; 325F.072, subdivisions 1, 3, by adding
a subdivision; 326B.106, subdivision 1; 373.475; 515B.2-103; 515B.3-102; Laws
2005, chapter 97, article 10, section 3, as amended; Laws 2022, chapter 94, section
2, subdivisions 5, 8, 9; proposing coding for new law in Minnesota Statutes,
chapters 3; 16B; 18B; 21; 84; 86B; 88; 97A; 97B; 97C; 103B; 103E; 103F; 103G;
115A; 116; 116C; 116P; 123B; 216B; 216C; 325E; 473; 500; repealing Minnesota
Statutes 2022, sections 16B.24, subdivision 13; 84.033, subdivision 3; 84.944,
subdivision 3; 86B.101; 86B.305; 86B.313, subdivisions 2, 3; 97A.145, subdivision
2; 97C.605, subdivisions 2, 2a, 2b, 5; 103C.501, subdivisions 2, 3; 115.44,
subdivision 9; 116.011; 216B.16, subdivision 10; 216C.376; 325E.389; 325E.3891;
Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4;
6115.1220, subpart 8; 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, 8; 8400.0500;
8400.0550; 8400.0600, subparts 4, 5; 8400.0900, subparts 1, 2, 4, 5; 8400.1650;
8400.1700; 8400.1750; 8400.1800; 8400.1900.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin POLLUTION CONTROL AGENCY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
276,096,000 new text end |
new text begin
$ new text end |
new text begin
214,828,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
151,113,000 new text end |
new text begin
81,891,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
85,000 new text end |
new text begin
90,000 new text end |
|
new text begin
Environmental new text end |
new text begin
105,227,000 new text end |
new text begin
112,600,000 new text end |
|
new text begin
Remediation new text end |
new text begin
19,671,000 new text end |
new text begin
20,247,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin
The commissioner must present the agency's
biennial budget for fiscal years 2026 and 2027
to the legislature in a transparent way by
agency division, including the proposed
budget bill and presentations of the budget to
committees and divisions with jurisdiction
over the agency's budget.
new text end
new text begin Subd. 2. new text end
new text begin
Environmental Analysis and Outcomes
|
new text begin
46,983,000 new text end |
new text begin
41,231,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
28,970,000 new text end |
new text begin
20,714,000 new text end |
|
new text begin
Environmental new text end |
new text begin
17,764,000 new text end |
new text begin
20,312,000 new text end |
|
new text begin
Remediation new text end |
new text begin
249,000 new text end |
new text begin
205,000 new text end |
new text begin
(a) $122,000 the first year and $125,000 the
second year are from the general fund for:
new text end
new text begin
(1) a municipal liaison to assist municipalities
in implementing and participating in the
rulemaking process for water quality standards
and navigating the NPDES/SDS permitting
process;
new text end
new text begin
(2) enhanced economic analysis in the
rulemaking process for water quality
standards, including more-specific analysis
and identification of cost-effective permitting;
new text end
new text begin
(3) developing statewide economic analyses
and templates to reduce the amount of
information and time required for
municipalities to apply for variances from
water quality standards; and
new text end
new text begin
(4) coordinating with the Public Facilities
Authority to identify and advocate for the
resources needed for urban, suburban, and
Greater Minnesota municipalities to achieve
permit requirements.
new text end
new text begin
(b) $216,000 the first year and $219,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.
new text end
new text begin
(c) $132,000 the first year and $137,000 the
second year are for monitoring water quality
and operating assistance programs.
new text end
new text begin
(d) $390,000 the first year and $399,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants.
new text end
new text begin
(e) $106,000 the first year and $109,000 the
second year are from the environmental fund
for duties related to harmful chemicals in
children's products under Minnesota Statutes,
sections 116.9401 to 116.9407. Of this
amount, $68,000 the first year and $70,000
the second year are transferred to the
commissioner of health.
new text end
new text begin
(f) $128,000 the first year and $132,000 the
second year are from the environmental fund
for registering wastewater laboratories.
new text end
new text begin
(g) $1,492,000 the first year and $1,519,000
the second year are from the environmental
fund to continue perfluorochemical
biomonitoring in eastern metropolitan
communities, as recommended by the
Environmental Health Tracking and
Biomonitoring Advisory Panel, and to address
other environmental health risks, including air
quality. The communities must include Hmong
and other immigrant farming communities.
Of this amount, up to $1,226,000 the first year
and $1,248,000 the second year are for transfer
to the commissioner of health.
new text end
new text begin
(h) $61,000 the first year and $62,000 the
second year are from the environmental fund
for the listing procedures for impaired waters
required under this act.
new text end
new text begin
(i) $72,000 the first year and $74,000 the
second year are from the remediation fund for
the leaking underground storage tank program
to investigate, clean up, and prevent future
releases from underground petroleum storage
tanks and for the petroleum remediation
program for vapor assessment and
remediation. These same annual amounts are
transferred from the petroleum tank fund to
the remediation fund.
new text end
new text begin
(j) $500,000 the first year is to facilitate the
collaboration and modeling of greenhouse gas
impacts, costs, and benefits of strategies to
reduce statewide greenhouse gas emissions.
This is a onetime appropriation.
new text end
new text begin
(k) $20,266,000 the first year and $20,270,000
the second year are to establish and implement
a local government water infrastructure grant
program for local governmental units and
Tribal governments. Of this amount,
$19,720,000 each year is for grants to support
communities in planning and implementing
projects that will allow for adaptation for a
changing climate. At least 50 percent of the
money granted under this paragraph must be
for projects in the seven-county metropolitan
area. This appropriation is available until June
30, 2027. The base for this appropriation in
fiscal year 2026 and beyond is $270,000.
new text end
new text begin
(l) $2,070,000 the first year and $2,070,000
the second year are from the environmental
fund to develop and implement a drinking
water protection and PFAS response program
related to emerging issues, including
Minnesota's PFAS Blueprint.
new text end
new text begin
(m) $1,820,000 the second year is from the
environmental fund to support improved
management of data collected by the agency
and its partners and regulated parties to
facilitate decision-making and public access.
new text end
new text begin
(n) $500,000 the first year is for developing
and implementing firefighter biomonitoring
protocols required under this act. Of this
amount, up to $250,000 may be transferred to
the commissioner of health for biomonitoring
of firefighters. This appropriation is available
until June 30, 2025.
new text end
new text begin
(o) $2,000,000 the first year is to develop
protocols to be used by agencies and
departments for sampling and testing
groundwater, surface water, public drinking
water, and private wells for microplastics and
nanoplastics and to begin implementation. The
commissioner of the Pollution Control Agency
may transfer money appropriated under this
paragraph to the commissioners of agriculture,
natural resources, and health to implement the
protocols developed. This is a onetime
appropriation and is available until June 30,
2025.
new text end
new text begin
(p) $50,000 the first year is from the
remediation fund for the work group on PFAS
manufacturer fees and report required under
this act.
new text end
new text begin
(q) $387,000 the first year and $90,000 the
second year are to develop and implement the
requirements for fish kills under Minnesota
Statutes, sections 103G.216 and 103G.2165.
Of this amount, up to $331,000 the first year
and $90,000 the second year may be
transferred to the commissioners of health,
natural resources, agriculture, and public
safety and to the Board of Regents of the
University of Minnesota as necessary to
implement those sections. The base for this
appropriation for fiscal year 2026 and beyond
is $7,000.
new text end
new text begin
(r) $63,000 the first year and $92,000 the
second year are for transfer to the
commissioner of health for amending the
health risk limit for PFOS. This is a onetime
appropriation and is available until June 30,
2026.
new text end
new text begin
(s) $5,000,000 the first year is for community
air-monitoring grants as provided in this act.
This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin
(t) $625,000 the first year and $779,000 the
second year are from the environmental fund
to adopt rules and implement air toxics
emissions requirements under Minnesota
Statutes, section 116.062. The base for this
appropriation is $669,000 in fiscal year 2026
and $1,400,000 in fiscal year 2027 and
beyond.
new text end
new text begin Subd. 3. new text end
new text begin
Industrial
|
new text begin
54,056,000 new text end |
new text begin
34,308,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
34,980,000 new text end |
new text begin
14,577,000 new text end |
|
new text begin
Environmental new text end |
new text begin
17,355,000 new text end |
new text begin
17,958,000 new text end |
|
new text begin
Remediation new text end |
new text begin
1,721,000 new text end |
new text begin
1,773,000 new text end |
new text begin
(a) $1,621,000 the first year and $1,670,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end
new text begin
(b) $448,000 the first year and $457,000 the
second year are from the environmental fund
to further evaluate the use and reduction of
trichloroethylene around Minnesota and
identify its potential health effects on
communities. Of this amount, $145,000 the
first year and $149,000 the second year are
transferred to the commissioner of health.
new text end
new text begin
(c) $4,000 the first year and $4,000 the second
year are from the environmental fund to
purchase air emissions monitoring equipment
to support compliance and enforcement
activities.
new text end
new text begin
(d) $3,200,000 the first year and $3,200,000
the second year are to provide air emission
reduction grants. Of this amount, $2,800,000
each year is for grants to reduce air pollution
at regulated facilities within environmental
justice areas of concern. This appropriation is
available until June 30, 2027, and is a onetime
appropriation.
new text end
new text begin
(e) $40,000 the first year and $40,000 the
second year are for air compliance equipment
maintenance. This is a onetime appropriation.
new text end
new text begin
(f) $20,000,000 the first year and $300,000
the second year are to support research on
innovative technologies to treat
difficult-to-manage pollutants and for
implementation grants based on this research
at taconite facilities. Of this amount,
$2,100,000 is for the Board of Regents of the
University of Minnesota for academic and
applied research through the MnDRIVE
program at the Natural Resources Research
Institute for research to foster economic
development of the state's natural resources
in an environmentally sound manner and
$17,600,000 is for grants. Of the $2,100,000,
at least $900,000 is to develop and
demonstrate technologies that enhance the
long-term health and management of
Minnesota's water and mineral resources. This
appropriation is for continued characterization
of Minnesota's iron resources and development
of next-generation process technologies for
iron products and reduced effluent. This
research must be conducted in consultation
with the Mineral Coordinating Committee
established under Minnesota Statutes, section
93.0015. This is a onetime appropriation and
is available until June 30, 2027.
new text end
new text begin
(g) $500,000 the first year and $500,000 the
second year are for the purposes of biofuel
wastewater monitoring requirements under
Minnesota Statutes, section 115.03,
subdivision 12.
new text end
new text begin
(h) $250,000 the first year is for a life cycle
assessment of the presence of neonicotinoid
pesticide in the production of ethanol,
biodiesel, and advanced biofuel, including
feedstocks, coproducts, air emissions, and the
fuel itself. This is a onetime appropriation and
is available until June 30, 2025. No later than
December 15, 2024, the commissioner of the
Pollution Control Agency must submit the
assessment, including recommendations, to
the chairs and ranking minority members of
the legislative committees with jurisdiction
over agriculture and environment.
new text end
new text begin
(i) $670,000 the first year and $522,000 the
second year are from the general fund and
$277,000 the first year and $277,000 the
second year are from the environmental fund
for the purposes of the nonexpiring state
individual air quality permit requirements
under Minnesota Statutes, section 116.07,
subdivision 4m. The base for this
appropriation in fiscal year 2026 and beyond
is $277,000 from the environmental fund.
new text end
new text begin
(j) $250,000 the first year and $250,000 the
second year are for rulemaking and
implementation of the odor management
requirements under Minnesota Statutes,
section 116.064. The base for this
appropriation is $250,000 in fiscal year 2026
and $500,000 in fiscal year 2027 and beyond.
new text end
new text begin
(k) $9,526,000 the first year and $9,221,000
the second year are from the general fund for
implementation of the environmental justice,
cumulative impact analysis, and demographic
analysis requirements under this act. This is a
onetime appropriation and is available until
June 30, 2028. The base for this appropriation
in fiscal year 2026 and beyond is $9,021,000
from the environmental fund.
new text end
new text begin Subd. 4. new text end
new text begin
Municipal
|
new text begin
10,725,000 new text end |
new text begin
11,373,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
761,000 new text end |
new text begin
767,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
85,000 new text end |
new text begin
90,000 new text end |
|
new text begin
Environmental new text end |
new text begin
9,879,000 new text end |
new text begin
10,516,000 new text end |
new text begin
(a) $217,000 the first year and $223,000 the
second year are for:
new text end
new text begin
(1) a municipal liaison to assist municipalities
in implementing and participating in the
rulemaking process for water quality standards
and navigating the NPDES/SDS permitting
process;
new text end
new text begin
(2) enhanced economic analysis in the
rulemaking process for water quality
standards, including more-specific analysis
and identification of cost-effective permitting;
new text end
new text begin
(3) developing statewide economic analyses
and templates to reduce the amount of
information and time required for
municipalities to apply for variances from
water quality standards; and
new text end
new text begin
(4) coordinating with the Public Facilities
Authority to identify and advocate for the
resources needed for municipalities to achieve
permit requirements.
new text end
new text begin
(b) $50,000 the first year and $50,000 the
second year are from the environmental fund
for transfer to the Office of Administrative
Hearings to establish sanitary districts.
new text end
new text begin
(c) $1,240,000 the first year and $1,338,000
the second year are from the environmental
fund for subsurface sewage treatment system
(SSTS) program administration and
community technical assistance and education,
including grants and technical assistance to
communities for water-quality protection. Of
this amount, $350,000 each year is for
assistance to counties through grants for SSTS
program administration. A county receiving
a grant from this appropriation must submit
the results achieved with the grant to the
commissioner as part of its annual SSTS
report. Any unexpended balance in the first
year does not cancel but is available in the
second year.
new text end
new text begin
(d) $994,000 the first year and $1,094,000 the
second year are from the environmental fund
to address the need for continued increased
activity in new technology review, technical
assistance for local governments, and
enforcement under Minnesota Statutes,
sections 115.55 to 115.58, and to complete the
requirements of Laws 2003, chapter 128,
article 1, section 165.
new text end
new text begin
(e) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2025, as
grants or contracts for subsurface sewage
treatment systems, surface water and
groundwater assessments, storm water, and
water-quality protection in this subdivision
are available until June 30, 2028.
new text end
new text begin Subd. 5. new text end
new text begin
Operations
|
new text begin
34,236,000 new text end |
new text begin
32,836,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
23,250,000 new text end |
new text begin
21,859,000 new text end |
|
new text begin
Environmental new text end |
new text begin
8,369,000 new text end |
new text begin
8,486,000 new text end |
|
new text begin
Remediation new text end |
new text begin
2,617,000 new text end |
new text begin
2,491,000 new text end |
new text begin
(a) $1,154,000 the first year and $1,124,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end
new text begin
(b) $3,000,000 the first year and $3,109,000
the second year are to support agency
information technology services provided at
the enterprise and agency level to improve
operations.
new text end
new text begin
(c) $906,000 the first year and $919,000 the
second year are from the environmental fund
to develop and maintain systems to support
agency permitting and regulatory business
processes and data.
new text end
new text begin
(d) $2,000,000 the first year and $2,000,000
the second year are to provide technical
assistance to Tribal governments. This is a
onetime appropriation.
new text end
new text begin
(e) $18,250,000 the first year and $16,750,000
the second year are to support modernizing
and automating agency environmental
programs and data systems and how the
agency provides services to regulated parties,
partners, and the public. This appropriation is
available until June 30, 2027. This is a onetime
appropriation.
new text end
new text begin
(f) $270,000 the first year and $270,000 the
second year are from the environmental fund
to support current and future career pathways
for underrepresented students.
new text end
new text begin
(g) $700,000 the first year and $700,000 the
second year are from the environmental fund
to improve the coordination, effectiveness,
transparency, and accountability of the
environmental review and permitting process.
new text end
new text begin
(h) $438,000 the first year and $333,000 the
second year are from the environmental fund
for the Minnesota Pollution Control Agency
citizen members.
new text end
new text begin Subd. 6. new text end
new text begin
Remediation
|
new text begin
40,318,000 new text end |
new text begin
16,022,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
25,000,000 new text end |
new text begin
-0- new text end |
|
new text begin
Environmental new text end |
new text begin
607,000 new text end |
new text begin
628,000 new text end |
|
new text begin
Remediation new text end |
new text begin
14,711,000 new text end |
new text begin
15,394,000 new text end |
new text begin
(a) All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture for
purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2), (3),
(6), and (7). At the beginning of each fiscal
year, the two commissioners must jointly
submit to the commissioner of management
and budget an annual spending plan that
maximizes resource use and appropriately
allocates the money between the two
departments. This appropriation is available
until June 30, 2025.
new text end
new text begin
(b) $415,000 the first year and $426,000 the
second year are from the environmental fund
to manage contaminated sediment projects at
multiple sites identified in the St. Louis River
remedial action plan to restore water quality
in the St. Louis River Area of Concern.
new text end
new text begin
(c) $4,476,000 the first year and $4,622,000
the second year are from the remediation fund
for the leaking underground storage tank
program to investigate, clean up, and prevent
future releases from underground petroleum
storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.
new text end
new text begin
(d) $308,000 the first year and $316,000 the
second year are from the remediation fund for
transfer to the commissioner of health for
private water-supply monitoring and health
assessment costs in areas contaminated by
unpermitted mixed municipal solid waste
disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.
new text end
new text begin
(e) $25,000,000 the first year is for grants to
support planning, designing, and preparing for
solutions for public water treatment systems
contaminated with PFAS. The grants are to
reimburse local public water supply operators
for source investigations, sampling and
treating private drinking water wells, and
evaluating solutions for treating private
drinking water wells. At least 50 percent of
the money appropriated under this paragraph
must be for grants in the seven-county
metropolitan area. This appropriation is
available until June 30, 2027, and is a onetime
appropriation.
new text end
new text begin
(f) $76,000 the first year is from the
remediation fund for the petroleum tank
release cleanup program duties and report
required under this act. This is a onetime
appropriation.
new text end
new text begin Subd. 7. new text end
new text begin
Resource Management and Assistance
|
new text begin
75,025,000 new text end |
new text begin
63,467,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
31,477,000 new text end |
new text begin
18,655,000 new text end |
|
new text begin
Environmental new text end |
new text begin
43,548,000 new text end |
new text begin
44,812,000 new text end |
new text begin
(a) Up to $150,000 the first year and $150,000
the second year may be transferred from the
environmental fund to the small business
environmental improvement loan account
under Minnesota Statutes, section 116.993.
new text end
new text begin
(b) $1,000,000 the first year and $1,000,000
the second year are for competitive recycling
grants under Minnesota Statutes, section
115A.565. Of this amount, $300,000 the first
year and $300,000 the second year are from
the general fund, and $700,000 the first year
and $700,000 the second year are from the
environmental fund. This appropriation is
available until June 30, 2027.
new text end
new text begin
(c) $694,000 the first year and $694,000 the
second year are from the environmental fund
for emission-reduction activities and grants to
small businesses and other
nonpoint-emission-reduction efforts. Of this
amount, $100,000 the first year and $100,000
the second year are to continue work with
Clean Air Minnesota, and the commissioner
may enter into an agreement with
Environmental Initiative to support this effort.
new text end
new text begin
(d) $22,450,000 the first year and $22,450,000
the second year are for SCORE block grants
to counties. Of this amount, $4,000,000 the
first year and $4,000,000 the second year are
from the general fund, and $18,450,000 the
first year and $18,450,000 the second year are
from the environmental fund. The base in
fiscal year 2026 and beyond is $18,450,000
from the environmental fund. For fiscal years
2024 and 2025, each county's allocation is
based on Minnesota Statutes, section
115A.557, and $2,000,000 must be used only
for waste prevention and reuse activities.
new text end
new text begin
(e) $119,000 the first year and $119,000 the
second year are from the environmental fund
for environmental assistance grants or loans
under Minnesota Statutes, section 115A.0716.
new text end
new text begin
(f) $400,000 the first year and $400,000 the
second year are from the environmental fund
for grants to develop and expand recycling
markets for Minnesota businesses.
new text end
new text begin
(g) $767,000 the first year and $770,000 the
second year are from the environmental fund
for reducing and diverting food waste,
redirecting edible food for consumption, and
removing barriers to collecting and recovering
organic waste. Of this amount, $500,000 each
year is for grants to increase food rescue and
waste prevention. This appropriation is
available until June 30, 2027.
new text end
new text begin
(h) $2,797,000 the first year and $2,811,000
the second year are from the environmental
fund for the purposes of Minnesota Statutes,
section 473.844.
new text end
new text begin
(i) $318,000 the first year and $474,000 the
second year are from the environmental fund
to address chemicals in products, including to
implement and enforce flame retardant
provisions under Minnesota Statutes, section
325F.071, and perfluoroalkyl and
polyfluoroalkyl substances in food packaging
provisions under Minnesota Statutes, section
325F.075. Of this amount, $78,000 the first
year and $80,000 the second year are
transferred to the commissioner of health.
new text end
new text begin
(j) $180,000 the first year and $140,000 the
second year are for quantifying climate-related
impacts from projects for environmental
review. This is a onetime appropriation.
new text end
new text begin
(k) $1,790,000 the first year and $70,000 the
second year are for accelerating pollution
prevention at small businesses. Of this amount,
$1,720,000 the first year is for zero-interest
loans to phase out high-polluting equipment,
products, and processes and replace with new
options. This appropriation is available until
June 30, 2027. This is a onetime appropriation.
new text end
new text begin
(l) $190,000 the first year and $190,000 the
second year are to support the Greenstep Cities
program. This is a onetime appropriation.
new text end
new text begin
(m) $420,000 the first year is to complete a
study on the viability of recycling solar energy
equipment. This is a onetime appropriation.
new text end
new text begin
(n) $650,000 the first year and $650,000 the
second year are from the environmental fund
for Minnesota GreenCorps investment.
new text end
new text begin
(o) $4,210,000 the first year and $210,000 the
second year are for PFAS reduction grants.
Of this amount, $4,000,000 the first year is
for grants to industry and public entities to
identify sources of PFAS entering facilities
and to develop pollution prevention and
reduction initiatives to reduce PFAS entering
facilities, prevent releases, and monitor the
effectiveness of these projects. Priority must
be given to projects in underserved
communities. This is a onetime appropriation
and is available until June 30, 2027.
new text end
new text begin
(p) $12,940,000 the first year and $12,940,000
the second year are for a waste prevention and
reduction grants and loan program. This is a
onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
(q) $825,000 the first year and $1,453,000 the
second year are from the environmental fund
for rulemaking and implementation of the new
PFAS requirements under Minnesota Statutes,
section 116.943. Of this amount, $312,000 the
first year and $468,000 the second year are
for transfer to the commissioner of health. The
base for this appropriation is $1,115,000 in
fiscal year 2026 and beyond. The base for the
transfer to the commissioner of health in fiscal
year 2026 and beyond is $468,000.
new text end
new text begin
(r) $680,000 the first year is for the zero-waste
report required in this act. This is a onetime
appropriation and is available until June 30,
2026.
new text end
new text begin
(s) $1,592,000 the first year and $805,000 the
second year are for zero-waste grants under
Minnesota Statutes, section 115A.566.
new text end
new text begin
(t) $35,000 the second year is from the
environmental fund for the compostable
labeling requirements under Minnesota
Statutes, section 325E.046. The base for this
appropriation in fiscal year 2026 and beyond
is $68,000.
new text end
new text begin
(u) $175,000 the first year is for the
rulemaking required under this act providing
for the safe and lawful disposal of waste
treated seed. This appropriation is available
until June 30, 2025.
new text end
new text begin
(v) $1,000,000 the first year is for a lead tackle
reduction program that provides outreach,
education, and opportunities to safely dispose
of and exchange lead tackle throughout the
state. This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin
(w) $4,000,000 is for a grant to the owner of
a biomass energy generation plant in Shakopee
that uses waste heat from the generation of
electricity in the malting process to purchase
a wood dehydrator to facilitate disposal of
wood that is infested by the emerald ash borer.
By October 1, 2024, the commissioner of the
Pollution Control Agency must report to the
chairs and ranking minority members of the
legislative committees and divisions with
jurisdiction over environment and natural
resources on the use of money appropriated
under this paragraph.
new text end
new text begin
(x) Any unencumbered grant and loan
balances in the first year do not cancel but are
available for grants and loans in the second
year. Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2025, as
contracts or grants for environmental
assistance awarded under Minnesota Statutes,
section 115A.0716; technical and research
assistance under Minnesota Statutes, section
115A.152; technical assistance under
Minnesota Statutes, section 115A.52; and
pollution prevention assistance under
Minnesota Statutes, section 115D.04, are
available until June 30, 2027.
new text end
new text begin Subd. 8. new text end
new text begin
Watershed
|
new text begin
12,678,000 new text end |
new text begin
13,952,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
4,821,000 new text end |
new text begin
3,906,000 new text end |
|
new text begin
Environmental new text end |
new text begin
7,484,000 new text end |
new text begin
9,662,000 new text end |
|
new text begin
Remediation new text end |
new text begin
373,000 new text end |
new text begin
384,000 new text end |
new text begin
(a) $3,000,000 the first year and $3,000,000
the second year are for grants to delegated
counties to administer the county feedlot
program under Minnesota Statutes, section
116.0711, subdivisions 2 and 3. Money
remaining after the first year is available for
the second year. The base for this
appropriation in fiscal year 2026 and beyond
is $1,959,000.
new text end
new text begin
(b) $236,000 the first year and $241,000 the
second year are from the environmental fund
for the costs of implementing general
operating permits for feedlots over 1,000
animal units.
new text end
new text begin
(c) $125,000 the first year and $129,000 the
second year are from the remediation fund for
the leaking underground storage tank program
to investigate, clean up, and prevent future
releases from underground petroleum storage
tanks and for the petroleum remediation
program for vapor assessment and
remediation. These same annual amounts are
transferred from the petroleum tank fund to
the remediation fund.
new text end
new text begin
(d) $459,000 the first year and $494,000 the
second year are from the general fund and
$1,680,000 the second year is from the
environmental fund to implement feedlot
financial assurance requirements and compile
the annual feedlot and manure storage area
lists required under Minnesota Statutes,
section 116.07, subdivisions 7f and 7g. The
general fund base for this appropriation in
fiscal year 2026 and beyond is $315,000. The
environmental fund base in fiscal year 2026
and beyond is $1,680,000.
new text end
new text begin
(e) $700,000 the first year is for distribution
to delegated counties based on registered
feedlots and manure storage areas for
inspections of manure storage areas and the
abandoned manure storage area reports
required under this act. This appropriation is
available until June 30, 2025.
new text end
new text begin
(f) $250,000 the first year is for a grant to the
Minnesota Association of County Feedlot
Officers to provide training on state feedlot
requirements, working efficiently and
effectively with producers, and reducing the
incidence of manure or nutrients entering
surface water or groundwater.
new text end
new text begin
(g) $140,000 the first year and $140,000 the
second year are for the Pig's Eye Landfill Task
Force.
new text end
new text begin Subd. 9. new text end
new text begin
Environmental Quality Board
|
new text begin
2,075,000 new text end |
new text begin
1,639,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
1,854,000 new text end |
new text begin
1,413,000 new text end |
|
new text begin
Environmental new text end |
new text begin
221,000 new text end |
new text begin
226,000 new text end |
new text begin
$620,000 the first year and $140,000 the
second year are to develop a Minnesota-based
greenhouse gas sector and source-specific
guidance, including climate information, a
greenhouse gas calculator, and technical
assistance for users. This is a onetime
appropriation.
new text end
new text begin Subd. 10. new text end
new text begin
Transfers
|
||||||
new text begin
(a) The commissioner must transfer up to
$23,000,000 the first year and $24,000,000
the second year from the environmental fund
to the remediation fund for purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2. The base for
this transfer is $24,000,000 in fiscal year 2026
and beyond.
new text end
new text begin
(b) By June 30, 2024, the commissioner of
management and budget must transfer
$29,055,000 from the general fund to the
metropolitan landfill contingency action trust
account in the remediation fund to restore the
money transferred from the account as
intended under Laws 2003, chapter 128, article
1, section 10, paragraph (e), and Laws 2005,
First Special Session chapter 1, article 3,
section 17, and to compensate the account for
the estimated lost investment income.
new text end
Sec. 3. new text begin NATURAL RESOURCES
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
569,950,000 new text end |
new text begin
$ new text end |
new text begin
424,403,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
307,778,000 new text end |
new text begin
165,064,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
125,611,000 new text end |
new text begin
124,456,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
129,903,000 new text end |
new text begin
131,814,000 new text end |
|
new text begin
Remediation new text end |
new text begin
117,000 new text end |
new text begin
117,000 new text end |
|
new text begin
Permanent School new text end |
new text begin
791,000 new text end |
new text begin
702,000 new text end |
|
new text begin
Reinvest in Minnesota Resources new text end |
new text begin
5,750,000 new text end |
new text begin
2,250,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Land and Mineral Resources
|
new text begin
9,095,000 new text end |
new text begin
8,828,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
4,095,000 new text end |
new text begin
3,828,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
4,438,000 new text end |
new text begin
4,438,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
344,000 new text end |
new text begin
344,000 new text end |
|
new text begin
Permanent School new text end |
new text begin
218,000 new text end |
new text begin
218,000 new text end |
new text begin
(a) $319,000 the first year and $319,000 the
second year are for environmental research
relating to mine permitting, of which $200,000
each year is from the minerals management
account in the natural resources fund and
$119,000 each year is from the general fund.
new text end
new text begin
(b) $3,383,000 the first year and $3,383,000
the second year are from the minerals
management account in the natural resources
fund for use as provided under Minnesota
Statutes, section 93.2236, paragraph (c), for
mineral resource management, projects to
enhance future mineral income, and projects
to promote new mineral-resource
opportunities.
new text end
new text begin
(c) $218,000 the first year and $218,000 the
second year are transferred from the forest
suspense account to the permanent school fund
and are appropriated from the permanent
school fund to secure maximum long-term
economic return from the school trust lands
consistent with fiduciary responsibilities and
sound natural resources conservation and
management principles.
new text end
new text begin
(d) $338,000 the first year and $338,000 the
second year are from the water management
account in the natural resources fund for
mining hydrology.
new text end
new text begin
(e) $1,052,000 the first year and $242,000 the
second year are for modernizing utility
licensing for state lands and public waters.
The first year appropriation is available
through fiscal year 2026.
new text end
new text begin
(f) $125,000 the first year and $125,000 the
second year are for conservation stewardship.
new text end
new text begin Subd. 3. new text end
new text begin
Ecological and Water Resources
|
new text begin
58,394,000 new text end |
new text begin
46,763,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
37,664,000 new text end |
new text begin
26,008,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
15,006,000 new text end |
new text begin
15,031,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
5,724,000 new text end |
new text begin
5,724,000 new text end |
new text begin
(a) $5,397,000 the first year and $5,422,000
the second year are from the invasive species
account in the natural resources fund and
$2,831,000 the first year and $2,831,000 the
second year are from the general fund for
management, public awareness, assessment
and monitoring research, and water access
inspection to prevent the spread of invasive
species; management of invasive plants in
public waters; and management of terrestrial
invasive species on state-administered lands.
new text end
new text begin
(b) $6,056,000 the first year and $6,056,000
the second year are from the water
management account in the natural resources
fund for only the purposes specified in
Minnesota Statutes, section 103G.27,
subdivision 2.
new text end
new text begin
(c) $124,000 the first year and $124,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of the
cost of implementing the comprehensive plan
for the upper Mississippi within areas under
the board's jurisdiction. By December 15,
2025, the board must submit a report to the
chairs and ranking minority members of the
legislative committees and divisions with
jurisdiction over environment and natural
resources on the activities funded under this
paragraph and the progress made in
implementing the comprehensive plan.
new text end
new text begin
(d) $10,000 the first year and $10,000 the
second year are for payment to the Leech Lake
Band of Chippewa Indians to implement the
band's portion of the comprehensive plan for
the upper Mississippi River.
new text end
new text begin
(e) $300,000 the first year and $300,000 the
second year are for grants for up to 50 percent
of the cost of implementing the Red River
mediation agreement. The base for this
appropriation in fiscal year 2026 and beyond
is $264,000.
new text end
new text begin
(f) $2,498,000 the first year and $2,498,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified in
Minnesota Statutes, section 297A.94,
paragraph (h), clause (1).
new text end
new text begin
(g) $1,150,000 the first year and $1,150,000
the second year are from the nongame wildlife
management account in the natural resources
fund for nongame wildlife management.
Notwithstanding Minnesota Statutes, section
290.431, $100,000 the first year and $100,000
the second year may be used for nongame
wildlife information, education, and
promotion.
new text end
new text begin
(h) Notwithstanding Minnesota Statutes,
section 84.943, $48,000 the first year and
$48,000 the second year from the critical
habitat private sector matching account may
be used to publicize the critical habitat license
plate match program.
new text end
new text begin
(i) $5,700,000 the first year and $6,000,000
the second year are for the following activities:
new text end
new text begin
(1) financial reimbursement and technical
support to soil and water conservation districts
or other local units of government for
groundwater-level monitoring;
new text end
new text begin
(2) surface water monitoring and analysis,
including installing monitoring gauges;
new text end
new text begin
(3) groundwater analysis to assist with
water-appropriation permitting decisions;
new text end
new text begin
(4) permit application review incorporating
surface water and groundwater technical
analysis;
new text end
new text begin
(5) precipitation data and analysis to improve
irrigation use;
new text end
new text begin
(6) information technology, including
electronic permitting and integrated data
systems; and
new text end
new text begin
(7) compliance and monitoring.
new text end
new text begin
(j) $410,000 the first year and $410,000 the
second year are from the heritage enhancement
account in the game and fish fund and
$500,000 the first year and $500,000 the
second year are from the general fund for
grants to the Minnesota Aquatic Invasive
Species Research Center at the University of
Minnesota to prioritize, support, and develop
research-based solutions that can reduce the
effects of aquatic invasive species in
Minnesota by preventing spread, controlling
populations, and managing ecosystems and to
advance knowledge to inspire action by others.
new text end
new text begin
(k) $134,000 the first year and $134,000 the
second year are for increased capacity for
broadband utility licensing for state lands and
public waters.
new text end
new text begin
(l) $998,000 the first year and $568,000 the
second year are for protecting and restoring
carbon storage in state-administered peatlands
by reviewing and updating the state's peatland
inventory, piloting a restoration project, and
piloting trust fund buyouts. This is a onetime
appropriation and is available until June 30,
2028.
new text end
new text begin
(m) $900,000 the first year is for a grant to the
Minnesota Lakes and Rivers Advocates to
work with civic leaders to purchase, install,
and operate waterless cleaning stations for
watercraft; conduct aquatic invasive species
education; and implement education upgrades
at public accesses to prevent invasive starry
stonewort spread beyond the lakes already
infested. This is a onetime appropriation and
is available until June 30, 2025.
new text end
new text begin
(n) $300,000 the first year is to prepare an
analysis of alternative sources of water to
resolve the water-use conflict in the Little
Rock Creek area and to protect the stream
from negative impacts due to groundwater use.
The analysis must be submitted to the
legislative committees and divisions with
jurisdiction over environment and natural
resources by June 30, 2027, and include:
new text end
new text begin
(1) a conceptual engineering plan;
new text end
new text begin
(2) an estimate of implementation costs and
funding needs;
new text end
new text begin
(3) governance and operational considerations;
new text end
new text begin
(4) a development schedule; and
new text end
new text begin
(5) an economic evaluation of lost revenue if
no action is taken.
new text end
new text begin
(o) $6,000,000 the first year is for land
acquisition and maintenance and restoration
at Grey Cloud Dunes Scientific and Natural
Area. This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(p) $6,000,000 the first year is for improved
maintenance at scientific and natural areas
under Minnesota Statutes, section 86A.05,
subdivision 5, including additional natural
resource specialists and technicians,
coordinators, seasonal crews, equipment,
supplies, and administrative support. This is
a onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
(q) The general fund base for the Ecological
and Water Resources Division in fiscal year
2026 and beyond is $25,004,000.
new text end
new text begin Subd. 4. new text end
new text begin
Forest Management
|
new text begin
116,725,000 new text end |
new text begin
76,067,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
99,072,000 new text end |
new text begin
58,389,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
16,161,000 new text end |
new text begin
16,161,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
1,492,000 new text end |
new text begin
1,517,000 new text end |
new text begin
(a) $7,521,000 the first year and $7,521,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. The amount necessary to pay for
presuppression and suppression costs during
the biennium is appropriated from the general
fund. By January 15 each year, the
commissioner of natural resources must submit
a report to the chairs and ranking minority
members of the house and senate committees
and divisions having jurisdiction over
environment and natural resources finance that
identifies all firefighting costs incurred and
reimbursements received in the prior fiscal
year. These appropriations may not be
transferred. Any reimbursement of firefighting
expenditures made to the commissioner from
any source other than federal mobilizations
must be deposited into the general fund.
new text end
new text begin
(b) $15,386,000 the first year and $15,386,000
the second year are from the forest
management investment account in the natural
resources fund for only the purposes specified
in Minnesota Statutes, section 89.039,
subdivision 2.
new text end
new text begin
(c) $1,492,000 the first year and $1,517,000
the second year are from the heritage
enhancement account in the game and fish
fund to advance ecological classification
systems (ECS), forest habitat, and invasive
species management.
new text end
new text begin
(d) $906,000 the first year and $926,000 the
second year are for the Forest Resources
Council to implement the Sustainable Forest
Resources Act.
new text end
new text begin
(e) $1,143,000 the first year and $1,143,000
the second year are for the Next Generation
Core Forestry data system. Of this
appropriation, $868,000 each year is from the
general fund and $275,000 each year is from
the forest management investment account in
the natural resources fund.
new text end
new text begin
(f) $500,000 the first year and $500,000 the
second year are from the forest management
investment account in the natural resources
fund for forest road maintenance on state
forest roads.
new text end
new text begin
(g) $500,000 the first year and $500,000 the
second year are for forest road maintenance
on county forest roads.
new text end
new text begin
(h) $2,086,000 the first year and $2,086,000
the second year are to support forest
management, cost-share assistance, and
inventory on private woodlands. This is a
onetime appropriation.
new text end
new text begin
(i) $800,000 the first year and $800,000 the
second year are to accelerate tree seed
collection to support a growing demand for
tree planting on public and private lands. This
is a onetime appropriation and is available
until June 30, 2027.
new text end
new text begin
(j) $10,400,000 the first year and $10,400,000
the second year are for grants to local and
Tribal governments and nonprofit
organizations to enhance community forest
ecosystem health and sustainability under
Minnesota Statutes, section 88.82, the
Minnesota ReLeaf program. This
appropriation is available until June 30, 2027.
Money appropriated for grants under this
paragraph may be used to pay reasonable costs
incurred by the commissioner of natural
resources to administer the grants. The base
is $400,000 beginning in fiscal year 2026.
new text end
new text begin
(k) $3,000,000 the first year and $3,000,000
the second year are for forest stand
improvement and to meet the reforestation
requirements of Minnesota Statutes, section
89.002, subdivision 2. This is a onetime
appropriation.
new text end
new text begin
(l) $5,000,000 is for purposes of the Lowland
Conifer Carbon Reserve under Minnesota
Statutes, section 88.85. This is a onetime
appropriation and is available until June 30,
2026.
new text end
new text begin
(m) $37,000,000 the first year is for emerald
ash borer response grants under Minnesota
Statutes, section 88.83. This is a onetime
appropriation and is available until June 30,
2030. The commissioner may use up to two
percent of this appropriation to administer the
grants. Of this amount:
new text end
new text begin
(1) $9,000,000 is for grants to local units of
government responding or actively preparing
to respond to an emerald ash borer infestation;
and
new text end
new text begin
(2) $28,000,000 is for grants to a Minnesota
nonprofit corporation that owns a cogeneration
facility that serves a St. Paul district heating
and cooling system.
new text end
new text begin
(n) $1,000,000 the first year is for grants to
schools, including public and private schools,
to plant trees on school grounds while
providing hands-on learning opportunities for
students. A grant application under this section
must be prepared jointly with the
parent-teacher organization or similar parent
organization for the school. This is a onetime
appropriation and is available until June 30,
2026.
new text end
new text begin Subd. 5. new text end
new text begin
Parks and Trails Management
|
new text begin
125,897,000 new text end |
new text begin
113,230,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
50,094,000 new text end |
new text begin
38,707,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
73,503,000 new text end |
new text begin
72,223,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
2,300,000 new text end |
new text begin
2,300,000 new text end |
new text begin
(a) $7,985,000 the first year and $7,985,000
the second year are from the natural resources
fund for state trail, park, and recreation area
operations. This appropriation is from revenue
deposited in the natural resources fund under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (2).
new text end
new text begin
(b) $23,828,000 the first year and $23,828,000
the second year are from the state parks
account in the natural resources fund to
operate and maintain state parks and state
recreation areas.
new text end
new text begin
(c) $1,300,000 the first year and $1,300,000
the second year are from the natural resources
fund for park and trail grants to local units of
government on land to be maintained for at
least 20 years for parks or trails. Priority must
be given for projects that are in underserved
communities or that increase access to persons
with disabilities. This appropriation is from
revenue deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (h), clause (4). Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end
new text begin
(d) $9,624,000 the first year and $9,624,000
the second year are from the snowmobile trails
and enforcement account in the natural
resources fund for the snowmobile
grants-in-aid program. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end
new text begin
(e) $2,435,000 the first year and $2,435,000
the second year are from the natural resources
fund for the off-highway vehicle grants-in-aid
program. Of this amount, $1,960,000 each
year is from the all-terrain vehicle account;
$150,000 each year is from the off-highway
motorcycle account; and $325,000 each year
is from the off-road vehicle account. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end
new text begin
(f) $2,250,000 the first year and $2,250,000
the second year are from the state land and
water conservation account in the natural
resources fund for priorities established by the
commissioner for eligible state projects and
administrative and planning activities
consistent with Minnesota Statutes, section
84.0264, and the federal Land and Water
Conservation Fund Act. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end
new text begin
(g) $250,000 the first year and $250,000 the
second year are for matching grants for local
parks and outdoor recreation areas under
Minnesota Statutes, section 85.019,
subdivision 2.
new text end
new text begin
(h) $250,000 the first year and $250,000 the
second year are for matching grants for local
trail connections under Minnesota Statutes,
section 85.019, subdivision 4c.
new text end
new text begin
(i) $750,000 the first year is from the
all-terrain vehicle account in the natural
resources fund for a grant to St. Louis County
to match other funding sources for design,
right-of-way acquisition, permitting, and
construction of trails within the Voyageur
Country ATV trail system. This is a onetime
appropriation and is available until June 30,
2026. This appropriation may be used as a
local match to a 2023 state bonding award.
new text end
new text begin
(j) $700,000 the first year is from the
all-terrain vehicle account in the natural
resources fund for a grant to St. Louis County
to match other funding sources for design,
right-of-way acquisition, permitting, and
construction of a new trail within the
Prospector trail system. This is a onetime
appropriation and is available until June 30,
2026. This appropriation may be used as a
local match to a 2023 state bonding award.
new text end
new text begin
(k) $5,000,000 the first year is to facilitate the
transfer of land within Upper Sioux Agency
State Park required under this act, including
but not limited to the acquisition of any land
necessary to facilitate the transfer. This is a
onetime appropriation and is available until
June 30, 2033.
new text end
new text begin
(l) $10,000,000 the first year is to remove
hazardous trees and replace ash trees with
more diverse, climate-adapted species within
the state park system. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(m) $100,000 the first year is for the report on
state trails required under this act.
new text end
new text begin
(n) $1,075,000 the first year and $1,075,000
the second year are from the water recreation
account in the natural resources fund for
maintaining and enhancing public
water-access facilities.
new text end
new text begin Subd. 6. new text end
new text begin
Fish and Wildlife Management
|
new text begin
116,489,000 new text end |
new text begin
99,230,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
20,936,000 new text end |
new text begin
3,616,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
2,082,000 new text end |
new text begin
2,082,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
87,721,000 new text end |
new text begin
91,282,000 new text end |
|
new text begin
Reinvest in Minnesota Resources new text end |
new text begin
5,750,000 new text end |
new text begin
2,250,000 new text end |
new text begin
(a) $10,458,000 the first year and $10,658,000
the second year are from the heritage
enhancement account in the game and fish
fund only for activities specified under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (1). Notwithstanding
Minnesota Statutes, section 297A.94, five
percent of this appropriation may be used for
expanding hunter and angler recruitment and
retention.
new text end
new text begin
(b) $982,000 the first year and $982,000 the
second year are from the general fund and
$1,675,000 the first year and $1,675,000 the
second year are from the game and fish fund
for statewide response and management of
chronic wasting disease. The commissioner
and the Board of Animal Health must each
submit annual reports on chronic wasting
disease activities funded in this biennium to
the chairs and ranking minority members of
the legislative committees and divisions with
jurisdiction over environment and natural
resources and agriculture. The general fund
base for this appropriation in fiscal year 2026
and beyond is $282,000.
new text end
new text begin
(c) $484,000 of the general fund appropriation
for fiscal year 2023 in Laws 2021, First
Special Session chapter 6, article 1, section 3,
subdivision 6, paragraph (b), for planning for
and emergency response to disease outbreaks
in wildlife is canceled no later than June 29,
2023.
new text end
new text begin
(d) $8,546,000 the first year and $8,546,000
the second year are from the deer management
account for the purposes identified in
Minnesota Statutes, section 97A.075,
subdivision 1.
new text end
new text begin
(e) $134,000 the first year and $134,000 the
second year are for increased capacity for
broadband utility licensing for state lands and
public waters.
new text end
new text begin
(f) $15,000,000 the first year is for enhancing
prairies and grasslands and restoring wetlands
on state-owned wildlife management areas to
sequester more carbon and enhance climate
resiliency. This is a onetime appropriation and
is available until June 30, 2027.
new text end
new text begin
(g) $500,000 the first year and $500,000 the
second year are from the general fund and
$500,000 the first year and $500,000 the
second year are from the heritage enhancement
account in the game and fish fund for grants
for natural-resource-based education and
recreation programs serving youth under
Minnesota Statutes, section 84.976, and for
grant administration. Priority must be given
to projects benefiting underserved
communities. The base for this appropriation
in fiscal year 2026 and beyond is $500,000
from the heritage enhancement account in the
game and fish fund. The general fund
appropriation is onetime.
new text end
new text begin
(h) $400,000 the first year and $400,000 the
second year are from the heritage enhancement
account in the game and fish fund for the
walk-in access program under Minnesota
Statutes, section 97A.126.
new text end
new text begin
(i) $1,000,000 the first year and $1,000,000
the second year are from the game and fish
fund for investments in fish management
activities.
new text end
new text begin
(j) $2,000,000 the first year and $2,000,000
the second year are for grants to the Fond du
Lac Band of Lake Superior Chippewa to
expand Minnesota's wild elk population and
range. Consideration must be given to moving
elk from existing herds in northwest
Minnesota to the area of the Fond du Lac State
Forest and the Fond du Lac Reservation in
Carlton and southern St. Louis Counties. The
Fond du Lac Band of Lake Superior
Chippewa's elk reintroduction efforts must
undergo thorough planning with the
Department of Natural Resources to develop
necessary capture and handling protocols,
including protocols related to cervid disease
management, and to produce postrelease state
and Tribal elk comanagement plans. This is a
onetime appropriation and is available until
June 30, 2026.
new text end
new text begin
(k) $773,000 the first year is to examine the
impacts of neonicotinoid exposure on the
reproduction and survival of Minnesota's game
species, including deer and prairie chicken.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(l) $134,000 the first year and $134,000 the
second year are from the heritage enhancement
account in the game and fish fund for native
fish conservation and classification.
new text end
new text begin
(m) $1,400,000 the first year is for designating
swan protection areas under Minnesota
Statutes, section 97A.096, and to provide
increased education and outreach promoting
the protection of swans in the state, including
education regarding the restrictions on taking
swans. This is a onetime appropriation and is
available until June 30, 2026.
new text end
new text begin
(n) $65,000 the first year is for preparing the
report on feral pigs and mink required under
this act and holding at least one public meeting
on the topic.
new text end
new text begin
(o) Notwithstanding Minnesota Statutes,
section 84.943, subdivision 3, $5,750,000 the
first year and $2,250,000 the second year are
transferred from the Minnesota critical habitat
private sector matching account to the reinvest
in Minnesota resources fund and are
appropriated from the reinvest in Minnesota
resources fund for wildlife management area
acquisition. This appropriation is available
until June 30, 2027.
new text end
new text begin
(p) $82,000 the first year is for the native fish
reports required under this act. This is a
onetime appropriation.
new text end
new text begin
(q) Notwithstanding Minnesota Statutes,
section 297A.94, $300,000 the first year and
$300,000 the second year are from the heritage
enhancement account in the game and fish
fund for shooting sports facility grants under
Minnesota Statutes, section 87A.10, including
grants for archery facilities. Grants must be
matched with a nonstate match, which may
include in-kind contributions. Priority must
be given to facilities that prohibit the use of
lead ammunition. Recipients of money
appropriated under this paragraph must
provide information on the toxic effects of
lead. This is a onetime appropriation and is
available until June 30, 2026. This
appropriation must be allocated as follows:
new text end
new text begin
(1) $200,000 each fiscal year is for grants of
$25,000 or less; and
new text end
new text begin
(2) $100,000 each fiscal year is for grants in
excess of $25,000.
new text end
new text begin Subd. 7. new text end
new text begin
Enforcement
|
new text begin
64,672,000 new text end |
new text begin
67,712,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
18,322,000 new text end |
new text begin
22,937,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
13,911,000 new text end |
new text begin
14,011,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
32,322,000 new text end |
new text begin
30,647,000 new text end |
|
new text begin
Remediation new text end |
new text begin
117,000 new text end |
new text begin
117,000 new text end |
new text begin
(a) $1,718,000 the first year and $1,718,000
the second year are from the general fund for
enforcement efforts to prevent the spread of
aquatic invasive species.
new text end
new text begin
(b) $2,080,000 the first year and $1,892,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (1).
new text end
new text begin
(c) $1,442,000 the first year and $1,442,000
the second year are from the water recreation
account in the natural resources fund for grants
to counties for boat and water safety. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end
new text begin
(d) $315,000 the first year and $315,000 the
second year are from the snowmobile trails
and enforcement account in the natural
resources fund for grants to local law
enforcement agencies for snowmobile
enforcement activities. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end
new text begin
(e) $250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account in the natural resources fund for grants
to qualifying organizations to assist in safety
and environmental education and monitoring
trails on public lands under Minnesota
Statutes, section 84.9011. Grants issued under
this paragraph must be issued through a formal
agreement with the organization. By
December 15 each year, an organization
receiving a grant under this paragraph must
report to the commissioner with details on
expenditures and outcomes from the grant. Of
this appropriation, $25,000 each year is for
administering these grants. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end
new text begin
(f) $510,000 the first year and $510,000 the
second year are from the natural resources
fund for grants to county law enforcement
agencies for off-highway vehicle enforcement
and public education activities based on
off-highway vehicle use in the county. Of this
amount, $498,000 each year is from the
all-terrain vehicle account, $11,000 each year
is from the off-highway motorcycle account,
and $1,000 each year is from the off-road
vehicle account. The county enforcement
agencies may use money received under this
appropriation to make grants to other local
enforcement agencies within the county that
have a high concentration of off-highway
vehicle use. Of this appropriation, $25,000
each year is for administering the grants. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end
new text begin
(g) $2,250,000 the first year and $5,734,000
the second year are appropriated for
inspections, investigations, and enforcement
activities taken in conjunction with the Board
of Animal Health for the white-tailed deer
farm program and for statewide response and
management of chronic wasting disease. This
appropriation is available until June 30, 2027.
The base for fiscal year 2026 and beyond is
$3,250,000.
new text end
new text begin
(h) $3,000,000 of the general fund
appropriation for fiscal years 2022 and 2023
in Laws 2021, First Special Session chapter
6, article 1, section 3, subdivision 7, paragraph
(i), for inspections, investigations, and
enforcement activities taken in conjunction
with the Board of Animal Health for the
white-tailed deer farm program is canceled no
later than June 29, 2023.
new text end
new text begin
(i) $3,050,000 the first year is for modernizing
the enforcement aviation fleet. This
appropriation is available until June 30, 2027.
new text end
new text begin
(j) $360,000 the first year and $360,000 the
second year are for training department
enforcement officers and for maintaining and
storing equipment for conservation officer
public safety responses. The training may not
include training for duties unrelated to
enforcement of game and fish laws. This is a
onetime appropriation.
new text end
new text begin Subd. 8. new text end
new text begin
Operations Support
|
new text begin
2,434,000 new text end |
new text begin
1,408,000 new text end |
||||
new text begin
(a) $1,684,000 the first year and $1,408,000
second year are for information technology
security and modernization. This is a onetime
appropriation.
new text end
new text begin
(b) $750,000 the first year is for legal costs.
The unencumbered amount of the general fund
appropriation in Laws 2019, First Special
Session chapter 4, article 1, section 3,
subdivision 8, for legal costs, estimated to be
$750,000, is canceled no later than June 29,
2023.
new text end
new text begin Subd. 9. new text end
new text begin
Pass Through Funds
|
new text begin
11,244,000 new text end |
new text begin
11,165,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
10,161,000 new text end |
new text begin
10,171,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
510,000 new text end |
new text begin
510,000 new text end |
|
new text begin
Permanent School new text end |
new text begin
573,000 new text end |
new text begin
484,000 new text end |
new text begin
(a) $510,000 the first year and $510,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Park Zoo and
Conservatory and the city of Duluth for the
Lake Superior Zoo. This appropriation is from
revenue deposited to the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (h), clause (5).
new text end
new text begin
(b) $211,000 the first year and $221,000 the
second year are for the Office of School Trust
Lands.
new text end
new text begin
(c) $250,000 the first year and $150,000 the
second year are transferred from the forest
suspense account to the permanent school fund
and are appropriated from the permanent
school fund for transaction and project
management costs for divesting of school trust
lands within Boundary Waters Canoe Area
Wilderness.
new text end
new text begin
(d) $323,000 the first year and $334,000 the
second year are transferred from the forest
suspense account to the permanent school fund
and are appropriated from the permanent
school fund for the Office of School Trust
Lands.
new text end
new text begin
(e) $9,950,000 the first year and $9,950,000
the second year are to be added as a
supplement to the 1854 Treaty Area agreement
payment under Minnesota Statutes, section
97A.165. This is a onetime appropriation.
new text end
new text begin Subd. 10. new text end
new text begin
Get Out MORE (Modernizing Outdoor
|
new text begin
65,000,000 new text end |
new text begin
-0- new text end |
||||
new text begin
(a) $65,000,000 the first year is for
modernizing Minnesota's state-managed
outdoor recreation experiences. Of this
amount:
new text end
new text begin
(1) $25,000,000 is for enhancing access and
welcoming new users to public lands and
outdoor recreation facilities, including
improvements to improve climate resiliency;
new text end
new text begin
(2) $4,000,000 is for modernizing camping
and related infrastructure, including
improvements to improve climate resiliency;
new text end
new text begin
(3) $25,000,000 is for modernizing fish
hatcheries and fishing infrastructure; and
new text end
new text begin
(4) $11,000,000 is for restoring streams and
modernizing water-related infrastructure with
priority given to fish habitat improvements,
dam removal, and improvements to improve
climate resiliency.
new text end
new text begin
(b) The commissioner may reallocate money
appropriated in paragraph (a) across those
purposes based on project readiness and
priority. The appropriations in paragraph (a)
are available until June 30, 2029.
new text end
new text begin Subd. 11. new text end
new text begin
Fiscal Year 2023 Appropriation
|
||||||
new text begin
$1,000,000 in fiscal year 2023 is from the
general fund to address safety concerns at the
drill core library. This is a onetime
appropriation and is available until June 30,
2026.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivisions 6, 7, 8, and 11 are effective the day following final
enactment.
new text end
Sec. 4. new text begin BOARD OF WATER AND SOIL
|
new text begin
$ new text end |
new text begin
52,086,000 new text end |
new text begin
$ new text end |
new text begin
46,574,000 new text end |
||
new text begin
(a) $3,116,000 the first year and $3,116,000
the second year are for grants and payments
to soil and water conservation districts for
accomplishing the purposes of Minnesota
Statutes, chapter 103C, and for other general
purposes, nonpoint engineering, and
implementation and stewardship of the
reinvest in Minnesota reserve program.
Expenditures may be made from this
appropriation for supplies and services
benefiting soil and water conservation
districts. Any district receiving a payment
under this paragraph must maintain a website
that publishes, at a minimum, the district's
annual report, annual audit, annual budget,
and meeting notices.
new text end
new text begin
(b) $761,000 the first year and $761,000 the
second year are to implement, enforce, and
provide oversight for the Wetland
Conservation Act, including administering the
wetland banking program and in-lieu fee
mechanism.
new text end
new text begin
(c) $1,560,000 the first year and $1,560,000
the second year are for the following:
new text end
new text begin
(1) $1,460,000 each year is for cost-sharing
programs of soil and water conservation
districts for accomplishing projects and
practices consistent with Minnesota Statutes,
section 103C.501, including perennially
vegetated riparian buffers, erosion control,
water retention and treatment, water quality
cost-sharing for feedlots under 500 animal
units and nutrient and manure management
projects in watersheds where there are
impaired waters, and other high-priority
conservation practices; and
new text end
new text begin
(2) $100,000 each year is for county
cooperative weed management programs and
to restore native plants at selected invasive
species management sites.
new text end
new text begin
(d) $166,000 the first year and $166,000 the
second year are to provide technical assistance
to local drainage management officials and
for the costs of the Drainage Work Group. The
board must coordinate the activities of the
Drainage Work Group according to Minnesota
Statutes, section 103B.101, subdivision 13.
The Drainage Work Group must review a
drainage authority's power under Minnesota
Statutes, chapter 103E, to consider the
abandonment or dismantling of drainage
systems; to re-meander, restore, or reconstruct
a natural waterway that has been modified by
drainage; or to deconstruct dikes, dams, or
other water-control structures.
new text end
new text begin
(e) $100,000 the first year and $100,000 the
second year are for a grant to the Red River
Basin Commission for water quality and
floodplain management, including program
administration. This appropriation must be
matched by nonstate funds.
new text end
new text begin
(f) $140,000 the first year and $140,000 the
second year are for grants to Area II
Minnesota River Basin Projects for floodplain
management.
new text end
new text begin
(g) $125,000 the first year and $125,000 the
second year are for conservation easement
stewardship.
new text end
new text begin
(h) $240,000 the first year and $240,000 the
second year are for a grant to the Lower
Minnesota River Watershed District to defray
the annual cost of operating and maintaining
sites for dredge spoil to sustain the state,
national, and international commercial and
recreational navigation on the lower Minnesota
River.
new text end
new text begin
(i) $2,000,000 the first year and $2,000,000
the second year are for the lawns to legumes
program under Minnesota Statutes, section
103B.104. The board may enter into
agreements with local governments, Metro
Blooms, and other organizations to support
this effort. This appropriation is available until
June 30, 2029. The base for fiscal year 2026
and each year thereafter is $250,000.
new text end
new text begin
(j) $2,000,000 the first year and $2,000,000
the second year are for the habitat
enhancement landscape program under
Minnesota Statutes, section 103B.106. This is
a onetime appropriation and is available until
June 30, 2029.
new text end
new text begin
(k) $203,000 the first year and $203,000 the
second year are for soil health practice
adoption purposes consistent with the
cost-sharing provisions of Minnesota Statutes,
section 103C.501, and for soil health program
responsibilities in consultation with the
University of Minnesota Office for Soil
Health.
new text end
new text begin
(l) $8,500,000 the first year and $8,500,000
the second year are for conservation easements
and to restore and enhance grasslands and
adjacent lands consistent with Minnesota
Statutes, sections 103F.501 to 103F.531, for
the purposes of climate resiliency, adaptation,
carbon sequestration, and related benefits. Of
this amount, up to $423,000 is for deposit in
the water and soil conservation easement
stewardship account established under
Minnesota Statutes, section 103B.103. This is
a onetime appropriation and is available until
June 30, 2029. The board must give priority
to leveraging nonstate funding, including
practices, programs, and projects funded by
the U.S. Department of Agriculture via the
Conservation Reserve Enhancement Program,
the Conservation Reserve Program, the
Federal Inflation Reduction Act, the Federal
Farm Bill, or the Climate-Smart Commodities
Program.
new text end
new text begin
(m) $2,500,000 the first year and $5,000,000
the second year are to acquire conservation
easements and to restore and enhance
peatlands and adjacent lands consistent with
Minnesota Statutes, sections 103F.501 to
103F.531, for the purposes of climate
resiliency, adaptation, carbon sequestration,
and related benefits. Of this amount, up to
$299,000 is for deposit in the water and soil
conservation easement stewardship account
established under Minnesota Statutes, section
103B.103. This is a onetime appropriation and
is available until June 30, 2029. The board
must give priority to leveraging nonstate
funding, including practices, programs, and
projects funded by the U.S. Department of
Agriculture via the Conservation Reserve
Enhancement Program, the Conservation
Reserve Program, the Federal Inflation
Reduction Act, the Federal Farm Bill, or the
Climate-Smart Commodities Program.
new text end
new text begin
(n) $3,550,000 the first year and $3,550,000
the second year are to enhance existing
easements established under Minnesota
Statutes, sections 103F.501 to 103F.531.
Enhancements are for the purposes of climate
resiliency, adaptation, and carbon
sequestration and include but are not limited
to increasing biodiversity and mitigating the
effects of rainfall and runoff events. This is a
onetime appropriation and is available until
June 30, 2029. The board must give priority
to leveraging nonstate funding, including
practices, programs, and projects funded by
the U.S. Department of Agriculture via the
Conservation Reserve Enhancement Program,
the Conservation Reserve Program, the
Federal Inflation Reduction Act, the Federal
Farm Bill, or the Climate-Smart Commodities
Program.
new text end
new text begin
(o) $8,500,000 the first year and $8,500,000
the second year are for water quality and
storage practices and projects to protect
infrastructure, improve water quality and
related public benefits, and mitigate climate
change impacts consistent with Minnesota
Statutes, sections 103F.05 and 103F.06. This
is a onetime appropriation and is available
until June 30, 2029. The board must give
priority to leveraging nonstate funding,
including practices, programs, and projects
funded by the U.S. Department of Agriculture
via the Conservation Reserve Enhancement
Program, the Conservation Reserve Program,
the Federal Inflation Reduction Act, the
Federal Farm Bill, or the Climate-Smart
Commodities Program.
new text end
new text begin
(p) $4,673,000 the first year and $4,673,000
the second year are for natural resources block
grants to local governments to implement the
Wetland Conservation Act and shoreland
management program under Minnesota
Statutes, chapter 103F, and local water
management responsibilities under Minnesota
Statutes, chapter 103B. The board may reduce
the amount of the natural resources block grant
to a county by an amount equal to any
reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that the
reduction was disproportionate. The base for
this appropriation in fiscal year 2026 and
beyond is $3,423,000.
new text end
new text begin
(q) $129,000 the first year and $136,000 the
second year are to accomplish the objectives
of Minnesota Statutes, section 10.65, and
related Tribal government coordination. The
base for fiscal year 2026 and each year
thereafter is $144,000.
new text end
new text begin
(r) $5,000,000 the first year is to provide
onetime state incentive payments to enrollees
in the federal Conservation Reserve Program
(CRP) during the continuous enrollment
period and to enroll complementary areas in
conservation easements consistent with
Minnesota Statutes, section 103F.515. The
board may establish payment rates based on
land valuation and on environmental benefit
criteria, including but not limited to surface
water or groundwater pollution reduction,
drinking water protection, soil health,
pollinator and wildlife habitat, and other
conservation enhancements. The board may
use state funds to implement the program and
to provide technical assistance to landowners
or their agents to fulfill enrollment and
contract provisions. The board must consult
with the commissioners of agriculture, health,
natural resources, and the Pollution Control
Agency and the United States Department of
Agriculture in establishing program criteria.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(s) $3,000,000 the first year is to acquire
conservation easements from landowners to
preserve, restore, create, and enhance wetlands
and associated uplands of prairie and
grasslands and to restore and enhance rivers
and streams, riparian lands, and associated
uplands of prairie and grasslands, in order to
protect soil and water quality, support fish and
wildlife habitat, reduce flood damage, and
provide other public benefits. Minnesota
Statutes, section 103F.515, applies to this
program. The board must give priority to
leveraging federal money by enrolling targeted
new lands or enrolling environmentally
sensitive lands that have expiring federal
conservation agreements. The board is
authorized to enter into new agreements and
amend past agreements with landowners as
required by Minnesota Statutes, section
103F.515, subdivision 5, to allow for
restoration. Up to five percent of this
appropriation may be used for restoration and
enhancement.
new text end
new text begin
(t) $200,000 the first year is to establish the
drainage registry information portal under
Minnesota Statutes, section 103E.122.
new text end
new text begin
(u) $5,623,000 the first year and $5,804,000
the second year are for agency administration
and operation of the Board of Water and Soil
Resources.
new text end
new text begin
(v) The board may shift money in this section
and may adjust the technical and
administrative assistance portion of the funds
to leverage federal or other nonstate funds or
to address accountability, oversight, local
government performance, or high-priority
needs.
new text end
new text begin
(w) Returned grants and payments are
available for two years after they are returned
or regranted, whichever is later. Funds must
be regranted consistent with the purposes of
this section. If an appropriation for grants in
either year is insufficient, the appropriation in
the other year is available for it.
new text end
new text begin
(x) Notwithstanding Minnesota Statutes,
section 16B.97, grants awarded from
appropriations in this section are exempt from
the Department of Administration, Office of
Grants Management Policy 08-08 Grant
Payments and 08-10 Grant Monitoring.
new text end
Sec. 5. new text begin METROPOLITAN COUNCIL
|
new text begin
$ new text end |
new text begin
47,490,000 new text end |
new text begin
$ new text end |
new text begin
16,490,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
38,540,000 new text end |
new text begin
7,540,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
8,950,000 new text end |
new text begin
8,950,000 new text end |
new text begin
(a) $7,540,000 the first year and $7,540,000
the second year are for metropolitan-area
regional parks operation and maintenance
according to Minnesota Statutes, section
473.351. The base for this appropriation in
fiscal year 2026 and beyond is $2,540,000.
new text end
new text begin
(b) $8,950,000 the first year and $8,950,000
the second year are from the natural resources
fund for metropolitan-area regional parks and
trails maintenance and operations. This
appropriation is from revenue deposited in the
natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (h),
clause (3).
new text end
new text begin
(c) $5,000,000 the first year is for developing
a decision-making support tool set to help
local partners quantify the risks of a changing
climate and prioritize strategies that mitigate
those risks. This is a onetime appropriation
and is available until June 30, 2027.
new text end
new text begin
(d) $9,000,000 the first year is to modernize
regional parks and trails. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(e) $5,000,000 the first year is for reducing
the amount of inflow and infiltration to the
Metropolitan Council's metropolitan sanitary
sewer disposal system. Of this amount,
$4,000,000 is for grants to cities for capital
improvements in municipal wastewater
collection systems under Minnesota Statutes,
section 473.5491, and $1,000,000 is for grants
and loans to inspect, repair, and replace
privately owned sewer service lines. Priority
for grants and loans for privately owned lines
must be given to applicants with a household
income at or below 80 percent of area median
income. This is a onetime appropriation and
is available until June 30, 2026.
new text end
new text begin
(f) $9,000,000 the first year is for grants to
implementing agencies to remove hazardous
trees and replace ash trees with more diverse,
climate-adapted species within the
metropolitan regional park system. This is a
onetime appropriation.
new text end
new text begin
(g) $3,000,000 the first year is to develop a
comprehensive plan to ensure communities in
the White Bear Lake area have access to
sufficient safe drinking water to allow for
municipal growth while simultaneously
ensuring the sustainability of surface water
and groundwater resources to supply the needs
of future generations. The Metropolitan
Council must establish a work group
consisting of the commissioners of natural
resources, health, and the Pollution Control
Agency or their designees and representatives
from the Metropolitan Area Water Supply
Advisory Committee; the St. Paul Regional
Water Services; the cities of Stillwater,
Mahtomedi, Hugo, Lake Elmo, Lino Lakes,
North St. Paul, Oakdale, Vadnais Heights,
Shoreview, Woodbury, New Brighton, and
White Bear Lake; and the town of White Bear
to advise the council in developing the
comprehensive plan. This is a onetime
appropriation and is available until June 30,
2027. The comprehensive plan must:
new text end
new text begin
(1) evaluate methods for conserving and
recharging groundwater in the area, including:
new text end
new text begin
(i) converting water supplies that are
groundwater dependent to total or partial
supplies from surface water sources;
new text end
new text begin
(ii) reusing water, including water discharged
from contaminated wells;
new text end
new text begin
(iii) projects designed to increase groundwater
recharge; and
new text end
new text begin
(iv) other methods for reducing groundwater
use;
new text end
new text begin
(2) based on the evaluation conducted under
clause (1), determine which existing
groundwater supply wells, if converted to
surface water sources, would be most effective
and efficient in ensuring future water
sustainability in the area;
new text end
new text begin
(3) identify a long-term plan for converting
groundwater supply wells identified in clause
(2) to surface water sources, including
recommendations on water supply governance
and concept-level engineering that addresses
preliminary design considerations, including
supply source, treatment, distribution,
operation, and financing needed to complete
any changes to water supply infrastructure;
new text end
new text begin
(4) include any policy and funding
recommendations for converting groundwater
supply wells to surface water sources,
recommendations for treating and reusing
wastewater, and any other recommendations
for additional measures that reduce
groundwater use, promote water reuse, and
increase groundwater recharge;
new text end
new text begin
(5) include any policy and funding
recommendations for local wastewater
treatment and recharge; and
new text end
new text begin
(6) be submitted to the chairs and ranking
minority members of the house of
representatives and senate committees and
divisions with jurisdiction over environment
and natural resources finance and policy by
June 30, 2027.
new text end
Sec. 6. new text begin CONSERVATION CORPS
|
new text begin
$ new text end |
new text begin
1,195,000 new text end |
new text begin
$ new text end |
new text begin
1,195,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
705,000 new text end |
new text begin
705,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
490,000 new text end |
new text begin
490,000 new text end |
new text begin
Conservation Corps Minnesota may receive
money appropriated from the natural resources
fund under this section only as provided in an
agreement with the commissioner of natural
resources.
new text end
Sec. 7. new text begin ZOOLOGICAL BOARD
|
new text begin
$ new text end |
new text begin
14,494,000 new text end |
new text begin
$ new text end |
new text begin
13,812,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
14,239,000 new text end |
new text begin
13,557,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
255,000 new text end |
new text begin
255,000 new text end |
new text begin
(a) $255,000 the first year and $255,000 the
second year are from the natural resources
fund from revenue deposited under Minnesota
Statutes, section 297A.94, paragraph (h),
clause (5).
new text end
new text begin
(b) $850,000 the first year is to improve safety
and security at the Minnesota Zoo. This is a
onetime appropriation.
new text end
new text begin
(c) $250,000 the first year is for removing
hazardous trees and replacing ash trees with
more diverse, climate-adapted species. This
is a onetime appropriation.
new text end
Sec. 8. new text begin SCIENCE MUSEUM
|
new text begin
$ new text end |
new text begin
10,200,000 new text end |
new text begin
$ new text end |
new text begin
1,710,000 new text end |
||
new text begin
$9,000,000 the first year and $450,000 the
second year are for debt reduction, rehiring
and retaining employees, and reducing
entrance fees for fiscal years 2024 and 2025.
new text end
Sec. 9. new text begin LEGISLATIVE COORDINATING
|
new text begin
$ new text end |
new text begin
52,000 new text end |
new text begin
$ new text end |
new text begin
52,000 new text end |
||
new text begin
$52,000 the first year and $52,000 the second
year are for the Legislative Water Commission
established in this act.
new text end
Sec. 10. new text begin UNIVERSITY OF MINNESOTA
|
new text begin
$ new text end |
new text begin
8,433,000 new text end |
new text begin
$ new text end |
new text begin
1,856,000 new text end |
||
new text begin
(a) $1,633,000 the first year and $1,856,000
the second year are for chronic wasting disease
contingency plans developed by the Center
for Infectious Disease Research and Policy.
The center must develop, refine, and share
with relevant experts and stakeholders
contingency plans regarding the potential
transmission of chronic wasting disease from
Cervidae to humans, livestock, and other
species. The contingency plans must provide
a blueprint for preparedness and response
planning documents, including authoritative
risk communication, education, and outreach
materials. This is a onetime appropriation and
is available until June 30, 2026.
new text end
new text begin
(b) $200,000 the first year is for the University
of Minnesota Water Council to develop a
scope of work, timeline, and budget for the
50-year clean water plan as required under
this act.
new text end
new text begin
(c) $6,600,000 the first year is for the
Minnesota Aquatic Invasive Species Research
Center to enhance and implement the center's
aquatic invasive species research-based
solutions through:
new text end
new text begin
(1) implementation of a watershed-scale carp
management plan and additional research
focused on site-specific method refinement
and evaluation;
new text end
new text begin
(2) creation of a long-term monitoring
program with state and local partners that
evaluates the feasibility of whole-lake zebra
mussel control projects and the development
of criteria for selecting and managing lakes;
new text end
new text begin
(3) refinement and implementation of
large-scale surveillance and early detection
methods for high-priority aquatic invasive
species, including but not limited to zebra
mussels, spiny water flea, and starry
stonewort; and
new text end
new text begin
(4) development and sharing, with relevant
experts and stakeholders, contingency plans
regarding the potential risks of aquatic
invasive species. The contingency plans must
provide a blueprint for preparedness and
response planning documents, including
authoritative risk communication, education,
and outreach materials. The communication,
education, and outreach materials must be
prepared in multiple languages, including but
not limited to Tribal languages.
new text end
new text begin
(d) The board must ensure that the Minnesota
Aquatic Invasive Species Research Center
coordinates research activities funded under
paragraph (c) with Tribal governments.
new text end
new text begin
(e) The appropriation under paragraph (c) is
onetime and available until June 30, 2027.
new text end
Sec. 11. new text begin PUBLIC SAFETY
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
229,000 new text end |
||
new text begin
$229,000 the second year is from the fire
safety account in the special revenue fund for
purposes of the class B firefighting foam
requirements under Minnesota Statutes,
section 325F.072.
new text end
Sec. 12. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end
new text begin
If an appropriation or transfer in this article is enacted more than once during the 2023
regular session, the appropriation or transfer must be given effect once.
new text end
ARTICLE 2
ENVIRONMENT AND NATURAL RESOURCES TRUST FUND
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the environment
and natural resources trust fund, or another named fund, and are available for the fiscal
years indicated for each purpose. The figures "2024" and "2025" used in this article mean
that the appropriations listed under them are available for the fiscal year ending June 30,
2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The second year"
is fiscal year 2025. "The biennium" is fiscal years 2024 and 2025. Any unencumbered
balance remaining in the first year does not cancel and is available for the second year or
until the end of the appropriation. These are onetime appropriations.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2.new text begin MINNESOTA RESOURCESnew text end |
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
79,833,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
Environment and Natural Resources Trust Fund new text end |
new text begin
79,644,000 new text end |
new text begin
-0- new text end |
|
new text begin
Great Lakes Protection Account new text end |
new text begin
189,000 new text end |
new text begin
-0- new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Definitions
|
||||||
new text begin
(a) "Trust fund" means the Minnesota
environment and natural resources trust fund
established under the Minnesota Constitution,
article XI, section 14.
new text end
new text begin
(b) "Great Lakes protection account" means
the account referred to in Minnesota Statutes,
section 116Q.02.
new text end
new text begin Subd. 3. new text end
new text begin
Foundational Natural Resource Data
|
new text begin
8,219,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
(a) Assessing Restorations for Rusty-Patched and Other Bumblebee Habitat new text end |
||||||
new text begin
$75,000 the first year is from the trust fund to
the commissioner of natural resources for an
agreement with the Friends of the Mississippi
River to assess how prairie restoration and
different restoration seeding methods affect
bumblebee abundance, diversity, and habitat
and make recommendations to improve
restoration outcomes.
new text end
|
new text begin
(b) Removing Barriers to Carbon Market Entry new text end |
||||||
new text begin
$482,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to develop ground-tested carbon
stock models of forest resources throughout
Minnesota to enable better resource
management of public and private forests as
well as generate reliable tools for landowners
seeking to enter carbon markets.
new text end
|
new text begin
(c) Mapping Migratory Bird Pit Stops in Minnesota new text end |
||||||
new text begin
$340,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the National Audubon
Society, Minnesota office, to identify avian
migratory stopover sites, develop a shared
decision-support tool, and publish guidance
for conserving migratory birds in Minnesota.
This appropriation is available until June 30,
2027, by which time the project must be
completed and final products delivered.
new text end
|
new text begin
(d) Enhancing Knowledge of Minnesota River Fish Ecology new text end |
||||||
new text begin
$199,000 the first year is from the trust fund
to the commissioner of natural resources to
collect baseline information about the diets,
distribution, status, and movement patterns of
fish in the Minnesota River to inform
management and conservation decisions.
new text end
|
new text begin
(e) Changing Distribution of Flying Squirrel Species in Minnesota new text end |
||||||
new text begin
$186,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota for the Natural Resources Research
Institute in Duluth to determine current
distribution and habitat associations of
northern and southern flying squirrels to fill
key knowledge gaps in flying squirrel status
in Minnesota.
new text end
|
new text begin
(f) Statewide Forest Carbon Inventory and Change Mapping new text end |
||||||
new text begin
$987,000 the first year is from the trust fund
to the commissioner of natural resources to
work with Minnesota Forest Resources
Council, Minnesota Forestry Association, the
Board of Water and Soil Resources, and the
University of Minnesota to develop a
programmatic approach and begin collecting
plot-based inventories on private forestland
for use with remote sensing data to better
assess changing forest conditions and climate
mitigation opportunities across all ownerships
in the state.
new text end
|
new text begin
(g) Predicting the Future of Aquatic Species by Understanding the Past new text end |
||||||
new text begin
$170,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to use past and present information
to model future ranges of native aquatic
species in Minnesota to generate publicly
available tools for species and habitat
management.
new text end
|
new text begin
(h) Assessing Status of Common Tern Populations in Minnesota new text end |
||||||
new text begin
$199,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota for the Natural Resources Research
Institute in Duluth to assess the population
status of Common Tern breeding colonies in
Minnesota, implement management activities,
and develop a standardized monitoring
protocol and online database for accessing
current and historic monitoring data to help
prioritize conservation and restoration actions
for this state-threatened species.
new text end
|
new text begin
(i) Salvaged Wildlife to Inform Environmental Health, Ecology, and Education new text end |
||||||
new text begin
$486,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota, Bell Museum of Natural History,
to establish a statewide network to collect,
analyze, and archive salvaged dead wildlife
and build a foundation of biodiversity
resources to track ecosystem-wide changes,
monitor environmental health, and educate
Minnesotans about the value of scientific
specimens.
new text end
|
new text begin
(j) Developing Conservation Priorities for Rare and Specialist Bees new text end |
||||||
new text begin
$619,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to collect data on rare and specialist
bees and their habitat preferences, determine
their conservation status, and develop
strategies to improve their chances of survival.
new text end
|
new text begin
(k) Efficacy of Urban Archery Hunting to Manage Deer new text end |
||||||
new text begin
$393,000 the first year is from the trust fund
to the Board of Trustees of the Minnesota
State Colleges and Universities for Bemidji
State University to conduct an analysis of deer
survival, habitat use, and hunter data in the
city of Bemidji to improve special archery
hunt management practices in urban areas of
the state.
new text end
|
new text begin
(l) Mapping the Ecology of Urban and Rural Canids new text end |
||||||
new text begin
$601,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to determine how disease
prevalence, diet, habitat use, and interspecies
interactions of coyotes and foxes change from
urban to rural areas along the Mississippi
River corridor.
new text end
|
new text begin
(m) Maximizing Lowland Conifer Ecosystem Services - Phase II new text end |
||||||
new text begin
$482,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to continue monitoring forested
peatland hydrology and wildlife, conduct new
wildlife and habitat surveys, and quantify
carbon storage to provide support for
management decisions.
new text end
|
new text begin
(n) Modernizing Minnesota's Wildlife (and Plant) Action Plan new text end |
||||||
new text begin
$889,000 the first year is from the trust fund
to the commissioner of natural resources to
modernize the Minnesota Wildlife Action Plan
by filling critical data gaps, including adding
rare plants to the plan, and standardizing
conservation status assessment methods to
ensure Minnesota's natural heritage is
protected into the future.
new text end
|
new text begin
(o) Linking Breeding and Migratory Bird Populations in Minnesota new text end |
||||||
new text begin
$199,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Hawk Ridge Bird
Observatory to map year-round habitat use of
understudied bird species of special
conservation concern and evaluate areas with
the greatest risk of contaminant exposure.
new text end
|
new text begin
(p) Old Growth Forest Monitoring new text end |
||||||
new text begin
$441,000 the first year is from the trust fund
to the commissioner of natural resources to
establish baseline conditions and develop a
cost-effective method to monitor
approximately 93,000 acres of old growth
forest in Minnesota to ensure that these rare
and important forest resources are properly
protected.
new text end
|
new text begin
(q) Integrating Remotely Sensed Data with Traditional Forest Inventory new text end |
||||||
new text begin
$191,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota for the Natural Resources Research
Institute in Duluth to calibrate and optimize
the use of LiDAR for forest inventory
purposes and estimate stand-level forest
resource metrics in northeastern Minnesota so
ecosystem services can be better considered
in management decisions.
new text end
|
new text begin
(r) Community Response Monitoring for Adaptive Management in Southeast Minnesota new text end |
||||||
new text begin
$483,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with The Nature Conservancy
to assess community-level plant and animal
responses to past restoration efforts in select
southeast Minnesota conservation focus areas
to determine if management outcomes are
being achieved.
new text end
|
new text begin
(s) Minnesota Biodiversity Atlas - Phase III new text end |
||||||
new text begin
$797,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota, Bell Museum of Natural History,
to expand the Minnesota Biodiversity Atlas
to include more than 2,000,000 records and
images of Minnesota wildlife, plants, and
fungi by adding insect specimens, collections
from new partners, historical data, and
repatriating records of Minnesota's
biodiversity that exist in various federal
institutions.
new text end
new text begin Subd. 4. new text end
new text begin
Water Resources
|
new text begin
8,328,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Environment and Natural Resources Trust Fund new text end |
new text begin
8,139,000 new text end |
new text begin
-0- new text end |
|
new text begin
Great Lakes Protection Account new text end |
new text begin
189,000 new text end |
new text begin
-0- new text end |
|
new text begin
(a) Ditching Delinquent Ditches: Optimizing Wetland Restoration new text end |
||||||
new text begin
$199,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to use new techniques to identify
and rank areas statewide where targeted
removal of poorly functioning drainage ditches
and restoration to wetlands can provide
maximum human and ecological benefits,
including aquifer recharge and flood
prevention.
new text end
|
new text begin
(b) Assessment of Red River Basin Project Outcomes new text end |
||||||
new text begin
$920,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Red River Watershed
Management Board acting as fiscal agent for
the Red River Basin Flood Damage Reduction
Work Group to plan and implement
multiresource monitoring at flood damage
reduction and natural resource enhancement
projects across the Red River Basin to evaluate
outcomes and improve design of future
projects at a regional scale. This appropriation
is available until June 30, 2028, by which time
the project must be completed and final
products delivered.
new text end
|
new text begin
(c) Wind Wave and Boating Impacts on Inland Lakes new text end |
||||||
new text begin
$415,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota for the St. Anthony Falls
Laboratory to conduct a field study to measure
the impacts of boat propeller wash and boat
wakes on lake bottoms, shorelines, and water
quality compared to the impacts of
wind-generated waves.
new text end
|
new text begin
(d) Finding, Capturing, and Destroying PFAS in Minnesota Waters new text end |
||||||
new text begin
$478,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to develop novel methods for the
detection, sequestration, and degradation of
poly- and perfluoroalkyl substances (PFAS)
in Minnesota's lakes and rivers.
new text end
|
new text begin
(e) Sinking and Suspended Microplastic Particles in Lake Superior new text end |
||||||
new text begin
$412,000 the first year is to the Board of
Regents of the University of Minnesota for
the Large Lakes Observatory in Duluth to
investigate the abundance, characteristics, and
fate of microplastic particles in Lake Superior
to inform remediation strategies and analyses
of environmental impacts. Of this amount,
$189,000 is from the Great Lakes protection
account and $223,000 is from the trust fund.
These appropriations may also be used to
educate the public about the research
conducted with this appropriation.
new text end
|
new text begin
(f) Ecotoxicological Impacts of Quinone Outside Inhibitor (QoI) Fungicides new text end |
||||||
new text begin
$279,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the University of St.
Thomas to assess the ecological hazards
associated with QoI fungicides and their major
environmental transformation products.
new text end
|
new text begin
(g) Brightsdale Dam Channel Restoration new text end |
||||||
new text begin
$1,004,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Fillmore County Soil and
Water Conservation District to reduce
sedimentation and improve aquatic habitat by
restoring a channel of the north branch of the
Root River at the site of a failed hydroelectric
power dam that was removed in 2003.
new text end
|
new text begin
(h) Mapping Aquifer Recharge Potential new text end |
||||||
new text begin
$391,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota for the St. Anthony Falls
Laboratory to partner with the Freshwater
Society to develop a practical tool for mapping
aquifer recharge potential, demonstrate the
tool with laboratory and field tests, use the
tool to evaluate recharge potential of several
aquifers in Minnesota, and analyze aquifer
recharge policy.
new text end
|
new text begin
(i) ALASD's Chloride Source Reduction Pilot Program new text end |
||||||
new text begin
$764,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Alexandria Lake Area
Sanitary District (ALASD) to coordinate with
Douglas County and the Pollution Control
Agency to pilot an incentive program for
residences and businesses to install
high-efficiency water softeners, salt-free
systems, or softener discharge disposal
systems to reduce the annual salt load to Lake
Winona and downstream waters. The pilot
program includes rebates, inspections,
community education, and water quality
monitoring to measure chloride reduction
success. This appropriation is available until
June 30, 2027, by which time the project must
be completed and final products delivered.
new text end
|
new text begin
(j) Removing CECs from Stormwater with Biofiltration new text end |
||||||
new text begin
$641,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota for the St. Anthony Falls
Laboratory to develop a treatment practice
design using biofiltration media to remove
contaminants of emerging concern (CECs)
from stormwater runoff and to provide
statewide stormwater management guidance.
new text end
|
new text begin
(k) Didymo II The North Shore Threat Continues new text end |
||||||
new text begin
$394,000 the first year is from the trust fund
to the Science Museum of Minnesota for the
St. Croix Watershed Research Station to
identify North Shore streams with didymo,
determine the risk of invasion to other streams,
document didymo impacts to stream
functioning, and develop strategies to prevent
further spread of didymo.
new text end
|
new text begin
(l) Leveraging Data Analytics Innovations for Watershed District Planning new text end |
||||||
new text begin
$738,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Minnehaha Creek
Watershed District to integrate local and
statewide data sets into a high-resolution
planning tool that forecasts the impacts of
changing precipitation patterns and
quantitatively compares cost effectiveness and
outcomes for water quality, ecological
integrity, and flood prevention projects in the
district. Minnehaha Creek Watershed District
may license third parties to use products
developed with this appropriation without
further approval from the legislature or the
Legislative-Citizen Commission on Minnesota
Resources, provided the licensing does not
generate income. This appropriation is subject
to Minnesota Statutes, section 116P.10.
new text end
|
new text begin
(m) Protecting Water in the Central Sands Region of the Mississippi River Headwaters new text end |
||||||
new text begin
$1,693,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the White Earth Band of
Minnesota Chippewa Indians to conduct a
policy analysis and assess aggregate irrigation
impacts on water quality and quantity in the
Pineland Sands region of the state.
new text end
new text begin Subd. 5. new text end
new text begin
Environmental Education
|
new text begin
3,905,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
(a) Fostering Conservation by Connecting Students to the BWCA new text end |
||||||
new text begin
$1,080,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the Friends of the Boundary
Waters Wilderness to connect Minnesota
youth to the Boundary Waters through
environmental education, experiential learning,
and wilderness canoe trips.
new text end
|
new text begin
(b) Statewide Environmental Education via PBS Outdoor Series new text end |
||||||
new text begin
$391,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Pioneer Public
Broadcasting Service to produce new episodes
of a statewide public television series and an
educational web page designed to inspire
Minnesotans to connect with the outdoors and
to restore and protect the state's natural
resources.
new text end
|
new text begin
(c) Increasing Diversity in Environmental Careers new text end |
||||||
new text begin
$763,000 the first year is from the trust fund
to the commissioner of natural resources in
cooperation with Conservation Corps
Minnesota and Iowa to ensure a stable and
prepared natural resources work force in
Minnesota by encouraging a diversity of
students to pursue careers in environment and
natural resources through internships,
mentorships, and fellowships with the
Department of Natural Resources, the Board
of Water and Soil Resources, and the Pollution
Control Agency. This appropriation is
available until June 30, 2028, by which time
the project must be completed and final
products delivered.
new text end
|
new text begin
(d) Reducing Biophobia & Fostering Environmental Stewardship in Underserved Schools new text end |
||||||
new text begin
$180,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota for the Raptor Center to foster
long-lasting environmental stewardship and
literacy in Minnesota youth in underserved
schools by providing engaging, multiunit,
standards-based environmental programming
featuring positive interactions with raptors and
evaluating program effectiveness and areas
for improvement.
new text end
|
new text begin
(e) Sharing Minnesota's Biggest Environmental Investment new text end |
||||||
new text begin
$628,000 the first year is from the trust fund
to the Science Museum of Minnesota, in
coordination with the Legislative-Citizen
Commission on Minnesota Resources
(LCCMR), to increase public access to the
results of LCCMR-recommended research,
including through a free online interactive
map, in-depth videos, and public events.
new text end
|
new text begin
(f) North Shore Private Forestry Outreach and Implementation new text end |
||||||
new text begin
$375,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Sugarloaf: The North Shore
Stewardship Association to conduct outreach
to private forest landowners, develop site
restoration plans, and connect landowners with
restoration assistance to encourage private
forest restoration and improve the ecological
health of Minnesota's North Shore forest
landscape.
new text end
|
new text begin
(g) Teaching Students about Watersheds through Outdoor Science new text end |
||||||
new text begin
$290,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Minnesota Trout Unlimited
to engage students in classroom and outdoor
hands-on learning focused on water quality,
groundwater, aquatic life, and watershed
stewardship and provide youth and their
families with fishing experiences to further
foster a conservation ethic.
new text end
|
new text begin
(h) Bioblitz Urban Parks: Engaging Communities in Scientific Efforts new text end |
||||||
new text begin
$198,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the Minneapolis Park and
Recreation Board to work with volunteers to
collect baseline biodiversity data for
neighborhood and regional parks to inspire
stewardship and inform habitat restoration
work.
new text end
new text begin Subd. 6. new text end
new text begin
Aquatic and Terrestrial Invasive
|
new text begin
5,104,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
(a) Northward Expansion of Ecologically Damaging Amphibians and Reptiles new text end |
||||||
new text begin
$163,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to assess the distribution and
potential for expansion of key detrimental and
nonnative amphibians and reptiles in
Minnesota.
new text end
|
new text begin
(b) Developing Research-Based Solutions to Minnesota's AIS Problems new text end |
||||||
new text begin
$4,941,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota for the Minnesota Aquatic Invasive
Species Research Center to conduct
high-priority projects aimed at solving
Minnesota's aquatic invasive species problems
using rigorous science and a collaborative
process. Additionally, funds may be spent to
deliver research findings to end users through
strategic communication and outreach. This
appropriation is subject to Minnesota Statutes,
section 116P.10. This appropriation is
available until June 30, 2027, by which time
the project must be completed and final
products delivered.
new text end
new text begin Subd. 7. new text end
new text begin
Air Quality, Climate Change, and
|
new text begin
3,913,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
(a) Community Forestry AmeriCorps new text end |
||||||
new text begin
$1,500,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with ServeMinnesota to preserve
and increase tree canopy throughout the state
by training, supporting, and deploying
AmeriCorps members to local agencies and
nonprofit organizations to plant and inventory
trees, develop and implement pest
management plans, create and maintain
nursery beds for replacement trees, and
organize opportunities for community
engagement in tree stewardship activities.
new text end
|
new text begin
(b) Biochar Implementation in Habitat Restoration: A Pilot new text end |
||||||
new text begin
$185,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Great River Greening to
pilot the use of portable biochar kilns as an
alternative to open-pile burning of trees and
shrubs to reduce smoke and carbon emissions
and produce beneficial by-products from
invasive species removal and land restoration
efforts.
new text end
|
new text begin
(c) Completing Installment of the Minnesota Ecological Monitoring Network new text end |
||||||
new text begin
$1,094,000 the first year is from the trust fund
to the commissioner of natural resources to
improve conservation and management of
Minnesota's native forests, wetlands, and
grasslands by completing the Ecological
Monitoring Network to measure ecosystems'
change through time.
new text end
|
new text begin
(d) Lichens as Low-Cost Air Quality Monitors in Minnesota new text end |
||||||
new text begin
$341,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to develop community science
protocols for using lichens as indicators of air
quality and conduct an analysis of air pollution
changes across Minnesota in the present and
in the past century.
new text end
|
new text begin
(e) Environment-Friendly Decarbonizing of Steel Production with Hydrogen Plasma new text end |
||||||
new text begin
$739,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to investigate the use of microwave
hydrogen plasma to reduce fossil fuel use,
carbon dioxide emissions, and waste and
enable the use of alternative iron resources,
including lower quality iron ores, tailings, and
iron ore waste piles, in the iron-making
industry. This appropriation is subject to
Minnesota Statutes, section 116P.10.
new text end
|
new text begin
(f) Economic Analysis Guide for Minnesota Climate Investments new text end |
||||||
new text begin
$54,000 the first year is from the trust fund to
the commissioner of the Minnesota Pollution
Control Agency to create a guide that will
incorporate nation-wide best practices for
considering costs, benefits, economics, and
equity in Minnesota climate policy decisions.
new text end
new text begin Subd. 8. new text end
new text begin
Methods to Protect or Restore Land,
|
new text begin
15,997,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
(a) Minnesota Bee and Beneficial Species Habitat Enhancement II new text end |
||||||
new text begin
$876,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Pheasants Forever Inc. to
enhance grassland habitats to benefit
pollinators and other wildlife species on
permanently protected lands and to collaborate
with the University of Minnesota to determine
best practices for seeding timing and
techniques.
new text end
|
new text begin
(b) Karner Blue Butterfly Insurance Population Establishment in Minnesota new text end |
||||||
new text begin
$405,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the Three Rivers Park
District to establish a breeding population of
the federally endangered Karner blue butterfly
on protected lands within the butterfly's
northern expanding range, increase the habitat
area, and evaluate the butterfly establishment
effort to assist with adaptive management.
This appropriation is available until June 30,
2027, by which time the project must be
completed and final products delivered.
new text end
|
new text begin
(c) Root River Habitat Restoration at Eagle Bluff new text end |
||||||
new text begin
$866,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Eagle Bluff Environmental
Learning Center to restore habitat in and
alongside the Root River north of Lanesboro,
Minnesota, and to conduct monitoring to
ensure water quality and fish population
improvements are achieved. This appropriation
is available until June 30, 2028, by which time
the project must be completed and final
products delivered.
new text end
|
new text begin
(d) Restoring Mussels in Streams and Lakes - Continuation new text end |
||||||
new text begin
$825,000 the first year is from the trust fund
to the commissioner of natural resources to
propagate, rear, and restore native freshwater
mussel assemblages and the ecosystem
services they provide in the Mississippi,
Cedar, and Cannon Rivers; to evaluate
reintroduction success; and to inform the
public on mussels and mussel conservation.
new text end
|
new text begin
(e) Minnesota Million: Seedlings for Reforestation and CO2 Sequestration new text end |
||||||
new text begin
$906,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota, Duluth, to collaborate with The
Nature Conservancy and Minnesota Extension
to expand networks of seed collectors and tree
growers and to research tree planting strategies
to accelerate reforestation for carbon
sequestration, wildlife habitat, and watershed
resilience.
new text end
|
new text begin
(f) Panoway on Wayzata Bay Shoreline Restoration Project new text end |
||||||
new text begin
$200,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the city of Wayzata to
restore native lake bottom and shoreline
vegetation to improve shoreline stability,
wildlife habitat, and the natural beauty of Lake
Minnetonka's Wayzata Bay. The recipient
must report to the Legislative-Citizen
Commission on Minnesota Resources on the
effectiveness of any new methods tested while
conducting the project and may use a portion
of the appropriation to prepare that report.
new text end
|
new text begin
(g) Pollinator Central III: Habitat Improvement with Community Monitoring new text end |
||||||
new text begin
$190,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Great River Greening to
restore and enhance pollinator habitat in parks,
schools, and other public spaces to benefit
pollinators and people and to build knowledge
about impacts of the pollinator plantings
through community-based monitoring.
new text end
|
new text begin
(h) Restoring Forests and Savannas Using Silvopasture - Phase II new text end |
||||||
new text begin
$674,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Great River Greening to
continue to partner with the University of
Minnesota and the Sustainable Farming
Association to demonstrate, evaluate, and
increase adoption of the combined use of
intensive tree, forage, and grazing as a method
to restore and manage forest and savanna
habitats.
new text end
|
new text begin
(i) Minnesota Community Schoolyards new text end |
||||||
new text begin
$1,433,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with The Trust for Public Land
to engage students and communities to create
nature-focused habitat improvements at
schoolyards across the state to increase
environmental outcomes and encourage
outdoor learning.
new text end
|
new text begin
(j) Pollinator Enhancement and Mississippi River Shoreline Restoration new text end |
||||||
new text begin
$187,000 the first year is from the trust fund
to the adjutant general of the Department of
Military Affairs to restore native prairie,
support pollinator plantings, and stabilize a
large section of stream bank along the
Mississippi River within Camp Ripley.
new text end
|
new text begin
(k) Conservation Cooperative for Working Lands new text end |
||||||
new text begin
$2,611,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Pheasants Forever Inc. to
collaborate with Natural Resources
Conservation Service, Board of Water and
Soil Resources, and Minnesota Association
of Soil and Water Conservation Districts to
accelerate adoption of voluntary conservation
practices on working lands in Minnesota by
increasing technical assistance to farmers and
landowners while also attracting federal
matching funds.
new text end
|
new text begin
(l) Quantifying Environmental Benefits of Peatland Restoration in Minnesota new text end |
||||||
new text begin
$754,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to quantify the capacity of restored
peatlands to store and accumulate atmospheric
carbon and prevent release of accumulated
mercury into the surrounding environment.
This appropriation is available until June 30,
2027, by which time the project must be
completed and final products delivered.
new text end
|
new text begin
(m) Renewing Access to an Iconic North Shore Vista new text end |
||||||
new text begin
$197,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the Superior Hiking Trail
Association to use national trail design best
practices to renew trails and a campground
along the Bean and Bear Lakes section of the
Superior Hiking Trail that provides access to
one of Minnesota's most iconic vistas.
new text end
|
new text begin
(n) Addressing Erosion Along High Use River Loops new text end |
||||||
new text begin
$368,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the Superior Hiking Trail
Association to rehabilitate and renew popular
river loops of the Superior Hiking Trail to
withstand high visitor use and serve
Minnesotans for years to come.
new text end
|
new text begin
(o) Pollinator Habitat Creation at Minnesota Closed Landfills new text end |
||||||
new text begin
$1,508,000 the first year is from the trust fund
to the commissioner of the Minnesota
Pollution Control Agency to conduct a pilot
project to create pollinator habitat at closed
landfill sites in the closed landfill program.
This appropriation is available until June 30,
2027, by which time the project must be
completed and final products delivered.
new text end
|
new text begin
(p) Enhancing Habitat Connectivity within the Urban Mississippi Flyway new text end |
||||||
new text begin
$190,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the Minneapolis Park and
Recreation Board to enhance and restore
habitat in and between urban neighborhood
parks and the Mississippi River to benefit
animals, plants, and neighborhoods
traditionally disconnected from nature and to
raise awareness of the Mississippi River
Flyway.
new text end
|
new text begin
(q) Statewide Diversion of Furniture and Mattress Waste Pilots new text end |
||||||
new text begin
$2,833,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with EMERGE Community
Development to work collaboratively with the
University of Minnesota, Second Chance
Recycling, and local governments to test and
implement methods to expand mattress and
furniture recycling statewide, including by
researching value-add commodity markets for
recycled materials, piloting mattress collection
in greater Minnesota counties, piloting
curbside furniture collection in the
metropolitan area, and increasing facility
capacity to recycle collected mattresses. Any
revenue generated from selling products or
assets developed or acquired with this
appropriation must be repaid to the trust fund
unless a plan is approved for reinvestment of
income in the project. This appropriation is
subject to Minnesota Statutes, section 116P.10.
new text end
|
new text begin
(r) Phelps Mill Wetland and Prairie Restoration new text end |
||||||
new text begin
$974,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Otter Tail County to plan,
engineer, and restore wetlands and prairie
within the newly expanded Phelps Mill County
Park to improve habitat connectivity for
wildlife and enhance recreational experiences
for users. Up to $322,000 of this appropriation
may be used to plan, engineer, and construct
a boardwalk, viewing platforms, and soft trails
within the park. This appropriation is available
until June 30, 2027, by which time the project
must be completed and final products
delivered.
new text end
new text begin Subd. 9. new text end
new text begin
Land Acquisition, Habitat, and
|
new text begin
31,241,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
(a) SNA Stewardship, Outreach, and Biodiversity Protection new text end |
||||||
new text begin
$1,919,000 the first year is from the trust fund
to the commissioner of natural resources to
restore and enhance exceptional habitat on
scientific and natural areas (SNAs), increase
public involvement and outreach, and
strategically acquire lands that meet criteria
for SNAs under Minnesota Statutes, section
86A.05, from willing sellers. This
appropriation is available until June 30, 2027,
by which time the project must be completed
and final products delivered.
new text end
|
new text begin
(b) Wannigan Regional Park Land Acquisition new text end |
||||||
new text begin
$727,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the city of Frazee to acquire
land for protecting and enhancing natural
resources and for future development as
Wannigan Regional Park, where the Heartland
State, North Country National, and Otter Tail
River Water Trails will meet. Initial site
development or restoration work may be
conducted with this appropriation.
new text end
|
new text begin
(c) Local Parks, Trails, and Natural Areas Grant Programs new text end |
||||||
new text begin
$3,802,000 the first year is from the trust fund
to the commissioner of natural resources to
solicit and rank applications and fund
competitive matching grants for local parks,
trail connections, and natural and scenic areas
under Minnesota Statutes, section 85.019. This
appropriation is for local nature-based
recreation, connections to regional and state
natural areas, and recreation facilities and may
not be used for athletic facilities such as sport
fields, courts, and playgrounds.
new text end
|
new text begin
(d) Outreach and Stewardship Through the Native Prairie Bank Program new text end |
||||||
new text begin
$620,000 the first year is from the trust fund
to the commissioner of natural resources to
enhance and monitor lands enrolled in the
native prairie bank and to provide outreach
and technical assistance to landowners,
practitioners, and the public to increase
awareness and stewardship of the state's
remaining native prairie. This appropriation
is available until June 30, 2027, by which time
the project must be completed and final
products delivered.
new text end
|
new text begin
(e) Minnesota State Trails Development new text end |
||||||
new text begin
$4,952,000 the first year is from the trust fund
to the commissioner of natural resources to
expand recreational opportunities on
Minnesota state trails by rehabilitating and
enhancing existing state trails and replacing
or repairing existing state trail bridges.
new text end
|
new text begin
(f) Construction of East Park new text end |
||||||
new text begin
$700,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the city of St. Joseph to
increase recreational opportunities and access
at East Park along the Sauk River in St. Joseph
through enhancements such as a canoe and
kayak access, a floating dock, paved and
mowed trails, and parking entrance
improvements.
new text end
|
new text begin
(g) Scandia Gateway Trail to William O'Brien State Park new text end |
||||||
new text begin
$2,689,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the city of Scandia to
engineer and construct a segment of the
Gateway State Trail between the city of
Scandia and William O'Brien State Park that
will be maintained by the Department of
Natural Resources. The segment to be
constructed includes a pedestrian tunnel and
trailhead parking area. This project must be
designed and constructed in accordance with
Department of Natural Resources state trail
standards. Engineering and construction plans
must be approved by the commissioner of
natural resources before construction may
commence. This appropriation is available
until June 30, 2027, by which time the project
must be completed and final products
delivered.
new text end
|
new text begin
(h) Grand Marais Mountain Bike Trail Rehabilitation - Phase II new text end |
||||||
new text begin
$200,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Superior Cycling
Association to rehabilitate and modify existing
mountain bike trails at Pincushion Mountain
to increase the trail's environmental
sustainability and provide better access to
beginner and adaptive cyclers.
new text end
|
new text begin
(i) Acquisition of State Parks and Trails Inholdings new text end |
||||||
new text begin
$5,425,000 the first year is from the trust fund
to the commissioner of natural resources to
acquire high-priority inholdings from willing
sellers within the legislatively authorized
boundaries of state parks, recreation areas, and
trails to protect Minnesota's natural heritage,
enhance outdoor recreation, and improve the
efficiency of public land management. This
appropriation is available until June 30, 2027,
by which time the project must be completed
and final products delivered.
new text end
|
new text begin
(j) St. Louis River Re-Connect - Phase II new text end |
||||||
new text begin
$1,375,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the city of Duluth to
increase recreational opportunities and access
to the Waabizheshikana hiking and water trails
in West Duluth with trail and trailhead
enhancements such as accessible canoe and
kayak launches, picnic areas, and restrooms;
restored habitat; stormwater improvements;
directional signage, and trailside interpretation.
This appropriation may also be used to partner
with the St. Louis River Alliance to create an
ambassadors program to engage the
surrounding community and facilitate use of
the trails.
new text end
|
new text begin
(k) City of Biwabik Recreation new text end |
||||||
new text begin
$1,306,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the city of Biwabik to
reconstruct and renovate Biwabik Recreation
Area's access road, parking area, and bathroom
facilities.
new text end
|
new text begin
(l) Silver Bay Multimodal Trailhead Project new text end |
||||||
new text begin
$1,970,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the city of Silver Bay to
develop a multimodal trailhead center to
provide safe access to the Superior Hiking,
Gitchi-Gami Bike, and C.J. Ramstad/North
Shore trails; Black Beach Park; and other
recreational destinations. Before any
construction costs are incurred, the city must
demonstrate that all funding to complete the
project are secured.
new text end
|
new text begin
(m) Above the Falls Regional Park Restoration Planning and Acquisition new text end |
||||||
new text begin
$1,376,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the Minneapolis Park and
Recreation Board to acquire land along the
Mississippi River from willing sellers for
habitat restoration, trail development, and
low-intensity recreational facilities in Above
the Falls Regional Park. This appropriation
may also be used to prepare restoration plans
for lands acquired. This appropriation may not
be used to purchase habitable residential
structures. Before the acquisition, a phase 1
environmental assessment must be completed
and the Minneapolis Park and Recreation
Board must not accept any liability for
previous contamination of lands acquired with
this appropriation.
new text end
|
new text begin
(n) Redhead Mountain Bike Park new text end |
||||||
new text begin
$1,666,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the city of Chisholm as the
fiscal agent for the Minnesota Discovery
Center to enhance outdoor recreational
opportunities by adding trails and amenities
to the Redhead Mountain Bike Park in
Chisholm. Amenities may include such things
as pump tracks, skills courses, changing
stations, shade shakes, and signage.
new text end
|
new text begin
(o) Maplewood State Park Trail Segment of the Perham to Pelican Rapids Regional Trail new text end |
||||||
new text begin
$2,514,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Otter Tail County to partner
with the Department of Natural Resources to
construct the Maplewood State Park segment
of the Perham to Pelican Rapids Regional
Trail. This project must be designed and
constructed in accordance with Department
of Natural Resources state trail standards.
Engineering and construction plans must be
approved by the commissioner of natural
resources before construction may commence.
new text end
new text begin Subd. 10. new text end
new text begin
Administration, Emerging Issues, and
|
new text begin
3,126,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
(a) LCCMR Administrative Budget new text end |
||||||
new text begin
$2,133,000 the first year is from the trust fund
to the Legislative-Citizen Commission on
Minnesota Resources for administration in
fiscal years 2024 and 2025 as provided in
Minnesota Statutes, section 116P.09,
subdivision 5. This appropriation is available
until June 30, 2025. Notwithstanding
Minnesota Statutes, section 116P.11,
paragraph (b), Minnesota Statutes, section
16A.281, applies to this appropriation.
new text end
|
new text begin
(b) Emerging Issues new text end |
||||||
new text begin
$767,000 the first year is from the trust fund
to the Legislative-Citizen Commission on
Minnesota Resources to an emerging issues
account authorized in Minnesota Statutes,
section 116P.08, subdivision 4, paragraph (d).
new text end
|
new text begin
(c) Contract Agreement Reimbursement new text end |
||||||
new text begin
$224,000 the first year is from the trust fund
to the commissioner of natural resources, at
the direction of the Legislative-Citizen
Commission on Minnesota Resources, for
expenses incurred in preparing and
administering contracts, including for the
agreements specified in this section.
new text end
|
new text begin
(d) Legislative Coordinating Commission Legacy Website new text end |
||||||
new text begin
$2,000 the first year is from the trust fund to
the Legislative Coordinating Commission for
the website required in Minnesota Statutes,
section 3.303, subdivision 10.
new text end
new text begin Subd. 11. new text end
new text begin
Availability of Appropriations
|
||||||
new text begin
Money appropriated in this section may not
be spent on activities unless they are directly
related to and necessary for a specific
appropriation and are specified in the work
plan approved by the Legislative-Citizen
Commission on Minnesota Resources. Money
appropriated in this section must not be spent
on indirect costs or other institutional overhead
charges that are not directly related to and
necessary for a specific appropriation. Costs
that are directly related to and necessary for
an appropriation, including financial services,
human resources, information services, rent,
and utilities, are eligible only if the costs can
be clearly justified and individually
documented specific to the appropriation's
purpose and would not be generated by the
recipient but for receipt of the appropriation.
No broad allocations for costs in either dollars
or percentages are allowed. Unless otherwise
provided, the amounts in this section are
available for three years beginning July 1,
2023, and ending June 30, 2026, when projects
must be completed and final products
delivered. For acquisition of real property, the
appropriations in this section are available for
an additional fiscal year if a binding contract
for acquisition of the real property is entered
into before the expiration date of the
appropriation. If a project receives a federal
award, the period of the appropriation is
extended to equal the federal award period to
a maximum trust fund appropriation length of
six years.
new text end
new text begin Subd. 12. new text end
new text begin
Data Availability Requirements Data
|
||||||
new text begin
Data collected by the projects funded under
this section must conform to guidelines and
standards adopted by Minnesota IT Services.
Spatial data must also conform to additional
guidelines and standards designed to support
data coordination and distribution that have
been published by the Minnesota Geospatial
Information Office. Descriptions of spatial
data must be prepared as specified in the state's
geographic metadata guideline and must be
submitted to the Minnesota Geospatial
Information Office. All data must be
accessible and free to the public unless made
private under the Data Practices Act,
Minnesota Statutes, chapter 13. To the extent
practicable, summary data and results of
projects funded under this section should be
readily accessible on the Internet and
identified as having received funding from the
environment and natural resources trust fund.
new text end
new text begin Subd. 13. new text end
new text begin
Project Requirements
|
||||||
new text begin
(a) As a condition of accepting an
appropriation under this section, an agency or
entity receiving an appropriation or a party to
an agreement from an appropriation must
comply with paragraphs (b) to (l) and
Minnesota Statutes, chapter 116P, and must
submit a work plan and annual or semiannual
progress reports in the form determined by the
Legislative-Citizen Commission on Minnesota
Resources for any project funded in whole or
in part with funds from the appropriation.
Modifications to the approved work plan and
budget expenditures must be made through
the amendment process established by the
Legislative-Citizen Commission on Minnesota
Resources.
new text end
new text begin
(b) A recipient of money appropriated in this
section that conducts a restoration using funds
appropriated in this section must use native
plant species according to the Board of Water
and Soil Resources' native vegetation
establishment and enhancement guidelines
and include an appropriate diversity of native
species selected to provide habitat for
pollinators throughout the growing season as
required under Minnesota Statutes, section
84.973.
new text end
new text begin
(c) For all restorations conducted with money
appropriated under this section, a recipient
must prepare an ecological restoration and
management plan that, to the degree
practicable, is consistent with the
highest-quality conservation and ecological
goals for the restoration site. Consideration
should be given to soil, geology, topography,
and other relevant factors that would provide
the best chance for long-term success and
durability of the restoration project. The plan
must include the proposed timetable for
implementing the restoration, including site
preparation, establishment of diverse plant
species, maintenance, and additional
enhancement to establish the restoration;
identify long-term maintenance and
management needs of the restoration and how
the maintenance, management, and
enhancement will be financed; and take
advantage of the best-available science and
include innovative techniques to achieve the
best restoration.
new text end
new text begin
(d) An entity receiving an appropriation in this
section for restoration activities must provide
an initial restoration evaluation at the
completion of the appropriation and an
evaluation three years after the completion of
the expenditure. Restorations must be
evaluated relative to the stated goals and
standards in the restoration plan, current
science, and, when applicable, the Board of
Water and Soil Resources' native vegetation
establishment and enhancement guidelines.
The evaluation must determine whether the
restorations are meeting planned goals,
identify any problems with implementing the
restorations, and, if necessary, give
recommendations on improving restorations.
The evaluation must be focused on improving
future restorations.
new text end
new text begin
(e) All restoration and enhancement projects
funded with money appropriated in this section
must be on land permanently protected by a
conservation easement or public ownership.
new text end
new text begin
(f) A recipient of money from an appropriation
under this section must give consideration to
contracting with Conservation Corps
Minnesota for contract restoration and
enhancement services.
new text end
new text begin
(g) All conservation easements acquired with
money appropriated under this section must:
new text end
new text begin
(1) be permanent;
new text end
new text begin
(2) specify the parties to an easement in the
easement;
new text end
new text begin
(3) specify all provisions of an agreement that
are permanent;
new text end
new text begin
(4) be sent to the Legislative-Citizen
Commission on Minnesota Resources in an
electronic format at least ten business days
before closing;
new text end
new text begin
(5) include a long-term monitoring and
enforcement plan and funding for monitoring
and enforcing the easement agreement; and
new text end
new text begin
(6) include requirements in the easement
document to protect the quantity and quality
of groundwater and surface water through
specific activities such as keeping water on
the landscape, reducing nutrient and
contaminant loading, and not permitting
artificial hydrological modifications.
new text end
new text begin
(h) For any acquisition of lands or interest in
lands, a recipient of money appropriated under
this section must not agree to pay more than
100 percent of the appraised value for a parcel
of land using this money to complete the
purchase, in part or in whole, except that up
to ten percent above the appraised value may
be allowed to complete the purchase, in part
or in whole, using this money if permission is
received in advance of the purchase from the
Legislative-Citizen Commission on Minnesota
Resources.
new text end
new text begin
(i) For any acquisition of land or interest in
land, a recipient of money appropriated under
this section must give priority to high-quality
natural resources or conservation lands that
provide natural buffers to water resources.
new text end
new text begin
(j) For new lands acquired with money
appropriated under this section, a recipient
must prepare an ecological restoration and
management plan in compliance with
paragraph (c), including sufficient funding for
implementation unless the work plan addresses
why a portion of the money is not necessary
to achieve a high-quality restoration.
new text end
new text begin
(k) To ensure public accountability for using
public funds, a recipient of money
appropriated under this section must, within
60 days of the transaction, provide to the
Legislative-Citizen Commission on Minnesota
Resources documentation of the selection
process used to identify parcels acquired and
provide documentation of all related
transaction costs, including but not limited to
appraisals, legal fees, recording fees,
commissions, other similar costs, and
donations. This information must be provided
for all parties involved in the transaction. The
recipient must also report to the
Legislative-Citizen Commission on Minnesota
Resources any difference between the
acquisition amount paid to the seller and the
state-certified or state-reviewed appraisal, if
a state-certified or state-reviewed appraisal
was conducted.
new text end
new text begin
(l) A recipient of an appropriation from the
trust fund under this section must acknowledge
financial support from the environment and
natural resources trust fund in project
publications, signage, and other public
communications and outreach related to work
completed using the appropriation.
Acknowledgment may occur, as appropriate,
through use of the trust fund logo or inclusion
of language attributing support from the trust
fund. Each direct recipient of money
appropriated in this section, as well as each
recipient of a grant awarded pursuant to this
section, must satisfy all reporting and other
requirements incumbent upon constitutionally
dedicated funding recipients as provided in
Minnesota Statutes, section 3.303, subdivision
10, and Minnesota Statutes, chapter 116P.
new text end
new text begin
(m) A recipient of an appropriation from the
trust fund under this section that is receiving
funding to conduct children's services, as
defined in Minnesota Statutes, section
299C.61, subdivision 7, must certify to the
Legislative-Citizen Commission on Minnesota
Resources, as part of the required work plan,
that criminal background checks for
background check crimes, as defined in
Minnesota Statutes, section 299C.61,
subdivision 2, are performed on all employees,
contractors, and volunteers that have or may
have access to a child to whom the recipient
provides children's services using the
appropriation.
new text end
new text begin Subd. 14. new text end
new text begin
Payment Conditions and Capital
|
||||||
new text begin
(a) All agreements, grants, or contracts
referred to in this section must be administered
on a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures made on or after July 1, 2023,
or the date the work plan is approved,
whichever is later, are eligible for
reimbursement unless otherwise provided in
this section. Periodic payments must be made
upon receiving documentation that the
deliverable items articulated in the approved
work plan have been achieved, including
partial achievements as evidenced by approved
progress reports. Reasonable amounts may be
advanced to projects to accommodate
cash-flow needs or match federal money. The
advances must be approved as part of the work
plan. No expenditures for capital equipment
are allowed unless expressly authorized in the
project work plan.
new text end
new text begin
(b) Single-source contracts as specified in the
approved work plan are allowed.
new text end
new text begin Subd. 15. new text end
new text begin
Purchasing Recycled and Recyclable
|
||||||
new text begin
A political subdivision, public or private
corporation, or other entity that receives an
appropriation under this section must use the
appropriation in compliance with Minnesota
Statutes, section 16C.0725, regarding
purchasing recycled, repairable, and durable
materials, and Minnesota Statutes, section
16C.073, regarding purchasing and using
paper stock and printing.
new text end
new text begin Subd. 16. new text end
new text begin
Energy Conservation and Sustainable
|
||||||
new text begin
A recipient to whom an appropriation is made
under this section for a capital improvement
project must ensure that the project complies
with the applicable energy conservation and
sustainable building guidelines and standards
contained in law, including Minnesota
Statutes, sections 16B.325, 216C.19, and
216C.20, and rules adopted under those
sections. The recipient may use the energy
planning, advocacy, and State Energy Office
units of the Department of Commerce to
obtain information and technical assistance
on energy conservation and alternative-energy
development relating to planning and
constructing the capital improvement project.
new text end
new text begin Subd. 17. new text end
new text begin
Accessibility
|
||||||
new text begin
Structural and nonstructural facilities must
meet the design standards in the Americans
with Disabilities Act (ADA) accessibility
guidelines.
new text end
new text begin Subd. 18. new text end
new text begin
Carryforward; Extensions
|
||||||
new text begin
The availability of the appropriations for the
following projects is extended to June 30,
2024:
new text end
new text begin
(1) Laws 2018, chapter 214, article 4, section
2, subdivision 6, paragraph (a), Minnesota
Invasive Terrestrial Plants and Pests Center -
Phase 4;
new text end
new text begin
(2) Laws 2018, chapter 214, article 4, section
2, subdivision 8, paragraph (e), Restoring
Forests in Minnesota State Parks;
new text end
new text begin
(3) Laws 2019, First Special Session chapter
4, article 2, section 2, subdivision 3, paragraph
(d), Minnesota Trumpeter Swan Migration
Ecology and Conservation;
new text end
new text begin
(4) Laws 2019, First Special Session chapter
4, article 2, section 2, subdivision 8, paragraph
(g), Agricultural Weed Control Using
Autonomous Mowers;
new text end
new text begin
(5) Laws 2019, First Special Session chapter
4, article 2, section 2, subdivision 10,
paragraph (d), Grants Management System;
and
new text end
new text begin
(6) Laws 2021, First Special Session chapter
6, article 5, section 2, subdivision 10,
Emerging Issues Account; Wastewater
Renewable Energy Demonstration Grants.
new text end
new text begin Subd. 19. new text end
new text begin
Repurpose
|
||||||
new text begin
The unencumbered amount, estimated to be
$176,000, in Laws 2021, First Special Session
chapter 6, article 6, section 2, subdivision 8,
paragraph (f), Restoring Upland Forests for
Birds, is for examining the impacts of
neonicotinoid exposure on the reproduction
and survival of Minnesota's game species,
including deer and prairie chicken. This
amount is in addition to the appropriation
under article 1, section 3, subdivision 6, for
these purposes and is available until June 30,
2027.
new text end
Sec. 3.
Minnesota Statutes 2022, section 116P.05, subdivision 1, is amended to read:
Subdivision 1.
Membership.
(a) A Legislative-Citizen Commission on Minnesota
Resources of deleted text begin 17deleted text end new text begin 19new text end members is created in the legislative branch, consisting of deleted text begin the chairs of
the house of representatives and senate committees on environment and natural resources
finance or designees appointed for the terms of the chairs, four members of the senate
appointed by the Subcommittee on Committees of the Committee on Rules and
Administration, and four members of the house of representatives appointed by the speakerdeleted text end new text begin
ten legislative members and nine citizen membersnew text end .
deleted text begin
(b) At least two members from the senate and two members from the house of
representatives must be from the minority caucus. Members are entitled to reimbursement
for per diem expenses plus travel expenses incurred in the services of the commission.
deleted text end
new text begin
(b) The legislative members of the commission consist of:
new text end
new text begin
(1) three members of the house of representatives appointed by the speaker of the house,
including the chair of the environment and natural resources finance committee or the chair's
designee;
new text end
new text begin
(2) three members of the senate appointed by the senate majority leader, including the
chair of the environment and natural resources finance committee or the chair's designee;
new text end
new text begin
(3) two members of the house of representatives appointed by the house minority leader;
and
new text end
new text begin
(4) two members of the senate appointed by the senate minority leader.
new text end
(c) deleted text begin Seven citizens aredeleted text end new text begin The citizennew text end members of the commissiondeleted text begin , fivedeleted text end new text begin consist of:
new text end
new text begin (1) four membersnew text end appointed by the governordeleted text begin , onedeleted text end new text begin ;
new text end
new text begin (2) two membersnew text end appointed by the deleted text begin Senate Subcommittee on Committees of the Committee
on Rules and Administration, and onedeleted text end new text begin senate majority leader;
new text end
new text begin (3) two membersnew text end appointed by the speaker of the housedeleted text begin . Thedeleted text end new text begin ; and
new text end
new text begin
(4) one member appointed by the governor as recommended by the Tribal government
representatives of the Indian Affairs Council.
new text end
new text begin (d) Anew text end citizen deleted text begin members are selected and recommended to the appointing authorities
according to subdivision 1a anddeleted text end new text begin membernew text end must:
(1) have experience or expertise in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources;
(2) have strong knowledge in the state's environment and natural resource issues around
the state; deleted text begin and
deleted text end
(3) have demonstrated ability to work in a collaborative environmentnew text begin ; and
new text end
new text begin (4) not be a registered lobbyistnew text end .
deleted text begin (d)deleted text end new text begin (e)new text end Members deleted text begin shalldeleted text end new text begin mustnew text end develop procedures to elect a chair that rotates between
legislative and citizen members each meeting. A citizen member, a senate member, and a
house of representatives member shall serve as chairs. The citizen members, senate members,
and house of representatives members must select their respective chairs. The chair deleted text begin shalldeleted text end new text begin
mustnew text end preside and convene meetings as often as necessary to conduct duties prescribed by
this chapter.
deleted text begin (e)deleted text end new text begin (f)new text end Appointed legislative members deleted text begin shalldeleted text end serve on the commission for two-year terms,
beginning in January of each odd-numbered year and continuing through the end of December
of the next even-numbered year. Appointed citizen members deleted text begin shalldeleted text end serve four-year terms,
beginning in January of the first year and continuing through the end of December of the
final year. Citizen and legislative members continue to serve until their successors are
appointed.
deleted text begin (f)deleted text end new text begin (g)new text end A citizen member may be removed by an appointing authority for cause. Vacancies
occurring on the commission deleted text begin shalldeleted text end new text begin donew text end not affect the authority of the remaining members of
the commission to carry out their duties, and vacancies deleted text begin shalldeleted text end new text begin mustnew text end be filled for the remainder
of the term in the same manner under paragraphs (a) to (c).
deleted text begin (g)deleted text end new text begin (h) Legislative members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the commission.new text end Citizen members are entitled to
per diem and reimbursement for expenses incurred in the services of the commission, as
provided in section 15.059, subdivision 3new text begin , except that a citizen member may be compensated
at the rate of up to $125 a daynew text end .
deleted text begin
(h) The governor's appointments are subject to the advice and consent of the senate.
deleted text end
new text begin
(i) A citizen member may serve no more than eight years, except as necessary to fill a
vacancy. A citizen member may not serve more than ten years if serving additional time to
fill a vacancy.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 4.
Minnesota Statutes 2022, section 116P.05, subdivision 1a, is amended to read:
Subd. 1a.
Citizen selection committee.
(a) The governor deleted text begin shalldeleted text end new text begin mustnew text end appoint a Trust
Fund Citizen Selection Committee of five members who come from different regions of
the state and who have knowledge and experience of state environment and natural resource
issuesnew text begin to provide recommendations for appointments under subdivision 1, paragraph (c),
clause (1)new text end .
(b) The duties of the Trust Fund Citizen Selection Committee deleted text begin shall bedeleted text end new text begin arenew text end to:
(1) identify citizen candidates to be members of the commission as part of the open
appointments process under section 15.0597;
(2) request and review citizen candidate applications to be members of the commission;
and
(3) interview the citizen candidates and recommend an adequate pool of candidates to
be selected for commission membership by the governordeleted text begin , the senate, and the house of
representativesdeleted text end .
(c) Membersnew text begin serve three-year terms andnew text end are entitled to deleted text begin travel expenses incurred to fulfill
their duties under this subdivision as provided in section 15.059, subdivision 6deleted text end new text begin per diem
and reimbursement for expenses incurred in the services of the committee, as provided in
section 15.059, subdivision 3, except that a citizen selection committee member may be
compensated at the rate of up to $125 a daynew text end .
new text begin
(d) A member appointed under this subdivision may not be a registered lobbyist.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 5.
Minnesota Statutes 2022, section 116P.05, subdivision 2, is amended to read:
Subd. 2.
Duties.
(a) The commission deleted text begin shalldeleted text end new text begin mustnew text end recommend an annual or biennial
legislative bill for appropriations from the environment and natural resources trust fund and
deleted text begin shalldeleted text end new text begin mustnew text end adopt a strategic plan as provided in section 116P.08. new text begin Except as provided under
section 116P.09, subdivision 6, paragraph (b), new text end approval of the recommended legislative bill
requires an affirmative vote of at least deleted text begin 12deleted text end new text begin 11new text end members of the commission.
(b) It is a condition of acceptance of the appropriations made from the Minnesota
environment and natural resources trust fund, and oil overcharge money under section 4.071,
subdivision 2, that the agency or entity receiving the appropriation must submit a work plan
and annual or semiannual progress reports in the form determined by the Legislative-Citizen
Commission on Minnesota Resources, and comply with applicable reporting requirements
under section 116P.16. None of the money provided may be spent unless the commission
has approved the pertinent work plan. Modifications to the approved work plan and budget
expenditures deleted text begin shalldeleted text end new text begin mustnew text end be made through the amendment process established by the
commission. The commission deleted text begin shalldeleted text end new text begin mustnew text end ensure that the expenditures and outcomes described
in the work plan for appropriations funded by the environment and natural resources trust
fund are met.
(c) The peer review procedures created under section 116P.08 must also be used to
review, comment, and report to the commission on research proposals applying for an
appropriation from the oil overcharge money under section 4.071, subdivision 2.
(d) The commission may adopt operating procedures to fulfill its duties under this chapter.
(e) As part of the operating procedures, the commission deleted text begin shalldeleted text end new text begin mustnew text end :
(1) ensure that members' expectations are to participate in all meetings related to funding
decision recommendations;
(2) recommend adequate funding for increased citizen outreach and communications
for trust fund expenditure planning;
(3) allow administrative expenses as part of individual project expenditures based on
need;
(4) provide for project outcome evaluation;
(5) keep the grant application, administration, and review process as simple as possible;
and
(6) define and emphasize the leveraging of additional sources of money that project
proposers should consider when making trust fund proposals.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 6.
Minnesota Statutes 2022, section 116P.09, subdivision 6, is amended to read:
Subd. 6.
Conflict of interest.
new text begin (a) new text end A commission member, a technical advisory committee
member, a peer reviewer, or an employee of the commission may not participate in or vote
on a decision of the commission, advisory committee, or peer review relating to an
organization in which the member, peer reviewer, or employee has either a direct or indirect
personal financial interest. While serving on the commission or technical advisory committee
or as a peer reviewer or while an employee of the commission, a person deleted text begin shalldeleted text end new text begin mustnew text end avoid
any potential conflict of interest.
new text begin
(b) A commission member may not vote on a motion regarding the final recommendations
of the commission required under section 116P.05, subdivision 2, paragraph (a), if the
motion relates to an organization in which the member has a direct personal financial interest.
If a commission member is prohibited from voting under this paragraph, the number of
affirmative votes required under section 116P.05, subdivision 2, paragraph (a), is reduced
by the number of members ineligible to vote under this paragraph.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 7.
Minnesota Statutes 2022, section 116P.11, is amended to read:
116P.11 AVAILABILITY OF FUNDS FOR DISBURSEMENT.
deleted text begin (a)deleted text end The amount annually available from the trust fund for the legislative bill developed
by the commission is as defined in the Minnesota Constitution, article XI, section 14.
deleted text begin
(b) Any appropriated funds not encumbered in the biennium in which they are
appropriated cancel and must be credited to the principal of the trust fund.
deleted text end
Sec. 8.
Minnesota Statutes 2022, section 116P.15, is amended to read:
116P.15 new text begin CAPITAL CONSTRUCTION AND new text end LAND ACQUISITION;
RESTRICTIONS.
Subdivision 1.
Scope.
A recipient of an appropriation from the trust fund or the Minnesota
future resources fund who acquires an interest in real property with the appropriation must
comply with deleted text begin this sectiondeleted text end new text begin subdivision 2new text end . deleted text begin For the purposes of this section, "interest in real
property" includes, but is not limited to, an easement or fee title to property.deleted text end new text begin A recipient of
an appropriation from the trust fund who uses any portion of the appropriation for a capital
construction project with a total cost of $10,000 or more must comply with subdivision 3.
new text end
Subd. 2.
new text begin Land acquisition new text end restrictions; modification procedure.
(a) Annew text begin easement, fee
title, or othernew text end interest in real property acquired with an appropriation from the trust fund or
the Minnesota future resources fund must be used in perpetuity or for the specific term of
an easement interest for the purpose for which the appropriation was made. The ownership
of the interest in real property transfers to the state if: (1) the holder of the interest in real
property fails to comply with the terms and conditions of the grant agreement or work plan;
or (2) restrictions are placed on the land that preclude its use for the intended purpose as
specified in the appropriation.
(b) A recipient of funding who acquires an interest in real property subject to this section
may not alter the intended use of the interest in real property or convey any interest in the
real property acquired with the appropriation without the prior review and approval of the
commission or its successor. The commission shall notify the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over the trust fund
or Minnesota future resources fund at least 15 business days before approval under this
paragraph. The commission shall establish procedures to review requests from recipients
to alter the use of or convey an interest in real property. These procedures shall allow for
the replacement of the interest in real property with another interest in real property meeting
the following criteria:
(1) the interest must be at least equal in fair market value, as certified by the commissioner
of natural resources, to the interest being replaced; and
(2) the interest must be in a reasonably equivalent location, and have a reasonably
equivalent useful conservation purpose compared to the interest being replaced, taking into
consideration all effects from fragmentation of the whole habitat.
(c) A recipient of funding who acquires an interest in real property under paragraph (a)
must separately record a notice of funding restrictions in the appropriate local government
office where the conveyance of the interest in real property is filed. The notice of funding
agreement must contain:
(1) a legal description of the interest in real property covered by the funding agreement;
(2) a reference to the underlying funding agreement;
(3) a reference to this section; and
(4) the following statement:
"This interest in real property shall be administered in accordance with the terms,
conditions, and purposes of the grant agreement controlling the acquisition of the property.
The interest in real property, or any portion of the interest in real property, shall not be sold,
transferred, pledged, or otherwise disposed of or further encumbered without obtaining the
prior written approval of the Legislative-Citizen Commission on Minnesota Resources or
its successor. The ownership of the interest in real property transfers to the state if: (1) the
holder of the interest in real property fails to comply with the terms and conditions of the
grant agreement or work plan; or (2) restrictions are placed on the land that preclude its use
for the intended purpose as specified in the appropriation."
new text begin Subd. 3. new text end
new text begin Capital construction restrictions; modification procedure. new text end
new text begin
(a) A recipient
of an appropriation from the trust fund who uses the appropriation to wholly or partially
construct a building, trail, campground, or other capital asset may not alter the intended use
of the capital asset or convey any interest in the capital asset for 25 years from the date the
project is completed without the prior review and approval of the commission or its successor.
The commission must notify the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over the trust fund at least 15 business days
before approval under this paragraph. The commission must establish procedures to review
requests from recipients to alter the use of or convey an interest in a capital asset under this
paragraph. These procedures must require that:
new text end
new text begin
(1) the sale price must be at least fair market value; and
new text end
new text begin
(2) the trust fund must be repaid a portion of the sale price equal to the percentage of
the total funding provided by the fund for constructing the capital asset.
new text end
new text begin
(b) The commission or its successor may waive the requirements under paragraph (a),
clauses (1) and (2), by recommendation to the legislature if the transfer allows for a continued
use of the asset in a manner consistent with the original appropriation purpose or with the
purposes of the trust fund.
new text end
new text begin
(c) If both a capital asset and the real property on which the asset is located were wholly
or partially purchased with an appropriation from the trust fund and the commission approves
a request to alter the use of or convey an interest in the real property under subdivision 2,
a separate approval under this subdivision to alter the use of the capital asset is not required.
new text end
new text begin
(d) A recipient of an appropriation from the trust fund who uses the appropriation to
wholly or partially construct a building, trail, campground, or other capital asset must
separately record a notice of funding restrictions in the appropriate local government office.
The notice of funding restrictions must contain:
new text end
new text begin
(1) a legal description of the interest in real property covered by the funding agreement;
new text end
new text begin
(2) a reference to the underlying funding agreement;
new text end
new text begin
(3) a reference to this subdivision; and
new text end
new text begin
(4) the following statement:
new text end
new text begin
"This interest in real property must be administered in accordance with the terms,
conditions, and purposes of the grant agreement controlling the improvement of the property.
The interest in real property, or any portion of the interest in real property, must not be
altered from its intended use or be sold, transferred, pledged, or otherwise disposed of or
further encumbered without obtaining the prior written approval of the Legislative-Citizen
Commission on Minnesota Resources or its successor."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025, and applies to money
appropriated on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2022, section 116P.16, is amended to read:
116P.16 REAL PROPERTY INTERESTS; REPORT.
(a) By December 1 each year, a recipient of an appropriation from the trust fund, that
is used for the acquisition of an interest in real property, including, but not limited to, an
easement or fee title, new text begin or for the construction of a building, trail, campground, or other capital
asset with a total cost of $10,000 or more new text end must submit annual reports on the status of the
real property to the Legislative-Citizen Commission on Minnesota Resources or its successor
in a form determined by the commission. The responsibility for reporting under this section
may be transferred by the recipient of the appropriation to another person who holds the
interest in the real property. To complete the transfer of reporting responsibility, the recipient
of the appropriation must:
(1) inform the person to whom the responsibility is transferred of that person's reporting
responsibility;
(2) inform the person to whom the responsibility is transferred of the property restrictions
under section 116P.15; and
(3) provide written notice to the commission of the transfer of reporting responsibility,
including contact information for the person to whom the responsibility is transferred.
(b) After the transfer, the person who holds the interest in the real property is responsible
for reporting requirements under this section.
new text begin
(c) The annual reporting requirements on the status of a building, trail, campground, or
other capital asset with a total cost of $10,000 or more and that was constructed with an
appropriation from the trust fund expire 25 years after the date the final progress report
under section 116P.05, subdivision 2, paragraph (b), is approved.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025, and applies to money
appropriated on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2022, section 116P.18, is amended to read:
116P.18 LANDS IN PUBLIC DOMAIN.
Money appropriated from the trust fund must not be used to purchase any land in fee
title or a permanent conservation easement if the land in question is fully or partially owned
by the state or a political subdivision of the state or was acquired fully or partially with state
money, unless:
(1) the purchase creates additional direct benefit to the protection, conservation,
preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural
resources; and
(2) the purchase is approved, prior to the acquisition, by an affirmative vote of at least
deleted text begin 12deleted text end new text begin 11new text end members of the commission.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 11.
new text begin
[116P.21] ADDITIONAL CAPITAL CONSTRUCTION PROJECT
REQUIREMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Full funding. new text end
new text begin
If an appropriation from the trust fund for a capital
construction project or project phase is not alone sufficient to complete the project or project
phase and a commitment from sources other than the trust fund is required:
new text end
new text begin
(1) the commitment must be in an amount that, when added to the appropriation from
the trust fund, is sufficient to complete the project or project phase; and
new text end
new text begin
(2) the agency administering the appropriation from the trust fund must not distribute
the money until the commitment is determined to be sufficient. In determining the sufficiency
of a commitment under this clause, the agency must apply the standards and principles
applied by the commissioner of management and budget under section 16A.502.
new text end
new text begin Subd. 2. new text end
new text begin Match. new text end
new text begin
A recipient of money appropriated from the trust fund for a capital
construction project must provide a cash or in-kind match from nontrust fund sources of at
least 50 percent of the total costs to complete the project or project phase.
new text end
new text begin Subd. 3. new text end
new text begin Sustainable building guidelines. new text end
new text begin
The sustainable building guidelines established
under sections 16B.325 and 216B.241, subdivision 9, apply to new buildings and major
renovations funded from the trust fund. A recipient of money appropriated from the trust
fund for a new building or major renovation must ensure that the project complies with the
guidelines.
new text end
new text begin Subd. 4. new text end
new text begin Applicability. new text end
new text begin
(a) Subdivisions 1, 2, and 3 do not apply to:
new text end
new text begin
(1) a capital construction project with a total cost of less than $10,000; or
new text end
new text begin
(2) a land acquisition project.
new text end
new text begin
(b) If land is acquired with trust fund money for the purpose of capital construction, the
land acquisition is not exempted under paragraph (a), clause (2).
new text end
new text begin Subd. 5. new text end
new text begin Other capital construction statutes. new text end
new text begin
The following statutes also apply to
recipients of appropriations from the trust fund: sections 16B.32; 16B.326; 16B.335,
subdivisions 3 and 4; 16C.054; 16C.16; 16C.28; 16C.285; 138.40; 138.665; 138.666; 177.41
to 177.44; and 471.345.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025, and applies to money
appropriated on or after that date.
new text end
Sec. 12.
Laws 2022, chapter 94, section 2, subdivision 5, is amended to read:
Subd. 5.Environmental Education
|
-0- |
4,269,000 |
||||
|
(a) Teacher Field School: Stewardship through Nature-Based Education |
||||||
$500,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with Hamline University to
create an immersive, research-backed field
school for teachers to use nature-based
education to benefit student well-being and
academic outcomes while increasing
stewardship habits.
|
(b) Increasing K-12 Student Learning to Develop Environmental Awareness, Appreciation, and Interest |
||||||
$1,602,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with Osprey Wilds
Environmental Learning Center to partner with
Minnesota's five other accredited residential
environmental learning centers to provide
needs-based scholarships to deleted text begin at least 25,000deleted text end
K-12 students statewide for immersive
multiday environmental learning experiences.
|
(c) Expanding Access to Wildlife Learning Bird by Bird |
||||||
$276,000 the second year is from the trust
fund to the commissioner of natural resources
to engage young people from diverse
communities in wildlife conservation through
bird-watching in schools, outdoor leadership
training, and participating in neighborhood
bird walks.
|
(d) Engaging a Diverse Public in Environmental Stewardship |
||||||
$300,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with Great River Greening
to increase participation in natural resources
restoration efforts through volunteer,
internship, and youth engagement activities
that target diverse audiences more accurately
reflecting local demographic and
socioeconomic conditions in Minnesota.
|
(e) Bugs Below Zero: Engaging Citizens in Winter Research |
||||||
$198,000 the second year is from the trust
fund to the Board of Regents of the University
of Minnesota to raise awareness about the
winter life of bugs, inspire learning about
stream food webs, and engage citizen scientists
in research and environmental stewardship.
|
(f) ESTEP: Earth Science Teacher Education Project |
||||||
$495,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the Minnesota Science
Teachers Association to provide professional
development for Minnesota science teachers
in environmental and earth science to
strengthen environmental education in schools.
|
(g) YES! Students Take Action to Complete Eco Projects |
||||||
$199,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with Prairie Woods
Environmental Learning Center, in partnership
with Ney Nature Center and Laurentian
Environmental Center, to empower Minnesota
youth to connect with natural resource experts,
identify ecological challenges, and take action
to complete innovative projects in their
communities.
|
(h) Increasing Diversity in Environmental Careers |
||||||
$500,000 the second year is from the trust
fund to the commissioner of natural resources,
in cooperation with Conservation Corps
Minnesota and Iowa, to encourage a diversity
of students to pursue careers in the
environment and natural resources through
internships, mentorships, and fellowships with
the Department of Natural Resources, the
Board of Water and Soil Resources, and the
Pollution Control Agency.
|
(i) Diversity and Access to Wildlife-Related Opportunities |
||||||
$199,000 the second year is from the trust
fund to the Board of Regents of the University
of Minnesota to broaden the state's
conservation constituency by researching
diverse communities' values about nature and
wildlife experiences and identifying barriers
to engagement.
Sec. 13.
Laws 2022, chapter 94, section 2, subdivision 8, is amended to read:
Subd. 8.Methods to Protect, Restore, and
|
-0- |
11,294,000 |
||||
|
(a) Minnesota's Volunteer Rare Plant Conservation Corps |
||||||
$859,000 the second year is from the trust
fund to the Board of Regents of the University
of Minnesota for the Minnesota Landscape
Arboretum to partner with the Department of
Natural Resources and the Minnesota Native
Plant Society to establish and train a volunteer
corps to survey, monitor, and bank seed from
Minnesota's rare plant populations and
enhance the effectiveness and efficiencies of
conservation efforts.
|
(b) Conservation Corps Veterans Service Corps Program |
||||||
$1,339,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with Conservation Corps
Minnesota to create a Veterans Service Corps
program to accelerate natural resource
restorations in Minnesota while providing
workforce development opportunities for the
state's veterans.
|
(c) Creating Seed Sources of Early-Blooming Plants for Pollinators |
||||||
$200,000 the second year is from the trust
fund to the commissioner of natural resources
to establish new populations of early-season
flowers by hand-harvesting and propagating
species that are currently lacking in prairie
restorations and that are essential to pollinator
health. This appropriation is available until
June 30, 2026, by which time the project must
be completed and final products delivered.
|
(d) Hastings Lake Rebecca Park Area |
||||||
$1,000,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Hastings to
develop an ecological-based master plan for
Lake Rebecca Park and to enhance habitat
quality and construct passive recreational
facilities consistent with the master plan. No
funds for implementation may be spent until
the master plan is complete.
|
(e) Pollinator Plantings and the Redistribution of Soil Toxins |
||||||
$610,000 the second year is from the trust
fund to the Board of Regents of the University
of Minnesota to map urban and suburban soil
toxins of concern, such as heavy metals and
microplastics, and to test whether pollinator
plantings can redistribute these toxins in the
soil of yards, parks, and community gardens
and reduce exposure to humans and wildlife.
|
(f) PFAS Fungal-Wood Chip Filtering System |
||||||
$189,000 the second year is from the trust
fund to the Board of Regents of the University
of Minnesota to identify, develop, and
field-test various types of waste wood chips
and fungi to sequester and degrade PFAS
leachate from contaminated waste sites. This
appropriation is subject to Minnesota Statutes,
section 116P.10.
|
(g) Phytoremediation for Extracting Deicing Salt |
||||||
$451,000 the second year is from the trust
fund to the Board of Regents of the University
of Minnesota to protect lands and waters from
contamination by collaborating with the
Department of Transportation to develop
methods for using native plants to remediate
roadside deicing salt.
|
(h) Mustinka River Fish and Wildlife Habitat Corridor Rehabilitation |
||||||
$2,692,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the Bois de Sioux
Watershed District to permanently rehabilitate
a straightened reach of the Mustinka River to
a naturally functioning stream channel and
floodplain corridor for water, fish, and wildlife
benefits.
|
(i) Bohemian Flats Savanna Restoration |
||||||
$286,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with Minneapolis Park and
Recreation Board to restore an area of
compacted urban turf within Bohemian Flats
Park and adjacent to the Mississippi River to
an oak savanna ecosystem.
|
(j) Watershed and Forest Restoration: What a Match! |
||||||
$3,318,000 the second year is from the trust
fund to the Board of Water and Soil
Resources, in cooperation with soil and water
conservation districts, the Mille Lacs Band of
Ojibwe, and the Department of Natural
Resources, new text begin to acquire interests in land and new text end to
accelerate tree planting on deleted text begin privately owned,deleted text end
protected lands for water-quality protection
and carbon sequestration.new text begin Notwithstanding
subdivision 14, paragraph (e), this
appropriation may be spent to reforest lands
protected through long-term contracts as
provided in the approved work plan.
new text end
|
(k) River Habitat Restoration and Recreation in Melrose |
||||||
$350,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Melrose to
conduct habitat restoration and create fishing,
canoeing, and camping opportunities along a
segment of the Sauk River within the city of
Melrose and to provide public education about
stream restoration, fish habitat, and the
importance of natural areas.
Sec. 14.
Laws 2022, chapter 94, section 2, subdivision 9, is amended to read:
Subd. 9.Habitat and Recreation
|
-0- |
26,179,000 |
||||
|
(a) Mesabi Trail: Wahlsten Road (CR 26) deleted text begin todeleted text end new text begin towardnew text end Tower |
||||||
$1,307,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the St. Louis and Lake
Counties Regional Railroad Authority to
acquire easements, engineer, and construct a
segment of the Mesabi Trail beginning at the
intersection of Wahlsten Road (CR 26) and
Benson Road in Embarrass and extending deleted text begin todeleted text end new text begin
towardnew text end Tower.
|
(b) Environmental Learning Classroom with Trails |
||||||
$82,000 the second year is from the trust fund
to the commissioner of natural resources for
an agreement with Mountain Iron-Buhl Public
Schools to build an outdoor classroom
pavilion, accessible trails, and a footbridge
within the Mountain Iron-Buhl School Forest
to conduct environmental education that
cultivates a lasting conservation ethic.
|
(c) Local Parks, Trails, and Natural Areas Grant Programs |
||||||
$3,560,000 the second year is from the trust
fund to the commissioner of natural resources
to solicit, rank, and fund competitive matching
grants for local parks, trail connections, and
natural and scenic areas under Minnesota
Statutes, section 85.019. This appropriation is
for local nature-based recreation, connections
to regional and state natural areas, and
recreation facilities and may not be used for
athletic facilities such as sport fields, courts,
and playgrounds.
|
(d) St. Louis River Re-Connect |
||||||
$500,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Duluth to
expand recreational access along the St. Louis
River and estuary by implementing the St.
Louis River National Water Trail outreach
plan, designing and constructing upgrades and
extensions to the Waabizheshikana Trail, and
installing interpretive features that describe
the cultural and ecological significance of the
area.
|
(e) Native Prairie Stewardship and Prairie Bank Easement Acquisition |
||||||
$1,353,000 the second year is from the trust
fund to the commissioner of natural resources
to provide technical stewardship assistance to
private landowners, restore and enhance native
prairie protected by easements in the native
prairie bank, and acquire easements for the
native prairie bank in accordance with
Minnesota Statutes, section 84.96, including
preparing initial baseline property assessments.
Up to $60,000 of this appropriation may be
deposited in the natural resources conservation
easement stewardship account created under
Minnesota Statutes, section 84.69, proportional
to the number of easements acquired.
|
(f) Minnesota State Parks and State Trails Maintenance and Development |
||||||
$1,600,000 the second year is from the trust
fund to the commissioner of natural resources
for maintenance and development at state
parks, recreation areas, and trails to protect
Minnesota's natural heritage, enhance outdoor
recreation, and improve the efficiency of
public land management.
|
(g) Minnesota State Trails Development |
||||||
$7,387,000 the second year is from the trust
fund to the commissioner of natural resources
to expand recreational opportunities on
Minnesota state trails by rehabilitating and
enhancing existing state trails and replacing
or repairing existing state trail bridges.
|
(h) SNA Habitat Restoration and Public Engagement |
||||||
$5,000,000 the second year is from the trust
fund to the commissioner of natural resources
for the scientific and natural areas (SNA)
program to restore and enhance exceptional
habitat on SNAs and increase public
involvement and outreach.
|
(i) The Missing Link: Gull Lake Trail, Fairview Township |
||||||
$1,394,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with Fairview Township to
complete the Gull Lake Trail by engineering
and constructing the trail's final segment
through Fairview Township in the Brainerd
Lakes area.
|
(j) Silver Bay Multimodal Trailhead Project |
||||||
$1,000,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Silver Bay
to develop a multimodal trailhead center to
provide safe access to the Superior,
Gitchi-Gami, and C.J. Ramstad/North Shore
trails; Black Beach Park; and other
recreational destinations.
|
(k) Brookston Campground, Boat Launch, and Outdoor Recreational Facility |
||||||
$453,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Brookston
to build a campground, boat launch, and
outdoor recreation area on the banks of the St.
Louis River in northeastern Minnesota. Before
any trust fund dollars are spent, the city must
demonstrate that all funds to complete the
project are secured and a fiscal agent must be
approved in the work plan.
|
(l) Silver Lake Trail Connection |
||||||
$727,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Virginia to
design, engineer, and construct a multiuse trail
that will connect Silver Lake Trail to a new
Miners Entertainment and Convention Center
and provide lighting on Bailey Lake Trail.
|
(m) Floodwood Campground Improvement Project |
||||||
$816,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Floodwood
to upgrade the Floodwood Campground and
connecting trails to provide high-quality nature
and recreation experience for people of all
ages.
|
(n) Ranier Safe Harbor/Transient Dock - Phase 2 |
||||||
$1,000,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Ranier to
construct a safe harbor and transient dock to
accommodate watercraft of many sizes to
improve public access for boat recreation on
Rainy Lake. Before trust fund dollars are
spent, a fiscal agent must be approved in the
work plan. Before any trust fund dollars are
spent, the city must demonstrate that all funds
to complete the project are secured. Any
revenue generated from selling products or
assets developed or acquired with this
appropriation must be repaid to the trust fund
unless a plan is approved for reinvestment of
income in the project as provided under
Minnesota Statutes, section 116P.10.
Sec. 15. new text begin INITIAL CITIZEN APPOINTMENTS AND FIRST MEETING.
new text end
new text begin
(a) Initial citizen appointments to the Legislative-Citizen Commission on Minnesota
Resources as amended in this act must be made by February 1, 2026. The first meeting of
the revised Legislative-Citizen Commission on Minnesota Resources must be convened by
the chair or a designee of the Legislative Coordinating Commission by June 15, 2026. The
Legislative-Citizen Commission on Minnesota Resources must select cochairs from its
membership at its first meeting.
new text end
new text begin
(b) Citizen members of the Legislative-Citizen Commission on Minnesota Resources
must initially be appointed according to the following schedule of terms:
new text end
new text begin
(1) two citizen members appointed by the governor for a term ending the first Monday
in January 2028;
new text end
new text begin
(2) three citizen members appointed by the governor, including the member from a
federally recognized Tribe, for a term ending the first Monday in January 2030;
new text end
new text begin
(3) one citizen member appointed by the senate majority leader for a term ending the
first Monday in January 2028;
new text end
new text begin
(4) one citizen member appointed by the senate majority leader for a term ending the
first Monday in January 2030;
new text end
new text begin
(5) one citizen member appointed by the speaker of the house for a term ending the first
Monday in January 2028; and
new text end
new text begin
(6) one citizen member appointed by the speaker of the house for a term ending the first
Monday in January 2030.
new text end
new text begin
(c) Notwithstanding the law in effect at the time of their appointment, the terms of all
incumbent citizen members appointed before the effective date of this act are terminated
effective January 1, 2026. An incumbent citizen member whose appointment is terminated
by this paragraph may apply for reappointment as provided in this act.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 16. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end
new text begin
If an appropriation or transfer in this article is enacted more than once during the 2023
regular session, the appropriation or transfer must be given effect once.
new text end
Sec. 17. new text begin EFFECTIVE DATE.
new text end
new text begin
Unless otherwise provided, this article is effective the day following final enactment.
new text end
ARTICLE 3
POLLUTION CONTROL
Section 1.
Minnesota Statutes 2022, section 16A.151, subdivision 2, is amended to read:
Subd. 2.
Exceptions.
(a) If a state official litigates or settles a matter on behalf of specific
injured persons or entities, this section does not prohibit distribution of money to the specific
injured persons or entities on whose behalf the litigation or settlement efforts were initiated.
If money recovered on behalf of injured persons or entities cannot reasonably be distributed
to those persons or entities because they cannot readily be located or identified or because
the cost of distributing the money would outweigh the benefit to the persons or entities, the
money must be paid into the general fund.
(b) Money recovered on behalf of a fund in the state treasury other than the general fund
may be deposited in that fund.
(c) This section does not prohibit a state official from distributing money to a person or
entity other than the state in litigation or potential litigation in which the state is a defendant
or potential defendant.
(d) State agencies may accept funds as directed by a federal court for any restitution or
monetary penalty under United States Code, title 18, section 3663(a)(3), or United States
Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue
account and are appropriated to the commissioner of the agency for the purpose as directed
by the federal court.
(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph
(t), may be deposited as provided in section 16A.98, subdivision 12.
(f) Any money received by the state resulting from a settlement agreement or an assurance
of discontinuance entered into by the attorney general of the state, or a court order in litigation
brought by the attorney general of the state, on behalf of the state or a state agency, related
to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids
in this state or other alleged illegal actions that contributed to the excessive use of opioids,
must be deposited in the settlement account established in the opiate epidemic response
fund under section 256.043, subdivision 1. This paragraph does not apply to attorney fees
and costs awarded to the state or the Attorney General's Office, to contract attorneys hired
by the state or Attorney General's Office, or to other state agency attorneys.
(g) Notwithstanding paragraph (f), if money is received from a settlement agreement or
an assurance of discontinuance entered into by the attorney general of the state or a court
order in litigation brought by the attorney general of the state on behalf of the state or a state
agency against a consulting firm working for an opioid manufacturer or opioid wholesale
drug distributor, the commissioner shall deposit any money received into the settlement
account established within the opiate epidemic response fund under section 256.042,
subdivision 1. Notwithstanding section 256.043, subdivision 3a, paragraph (a), any amount
deposited into the settlement account in accordance with this paragraph shall be appropriated
to the commissioner of human services to award as grants as specified by the opiate epidemic
response advisory council in accordance with section 256.043, subdivision 3a, paragraph
(d).
new text begin
(h) If the Minnesota Pollution Control Agency, through litigation or settlement of a
matter that could have resulted in litigation, recovers $250,000 or more in a civil penalty
from violations of a permit issued by the agency, then 40 percent of the money recovered
must be distributed to the community health board, as defined in section 145A.02, where
the permitted facility is located. Within 30 days of a final court order in the litigation or the
effective date of the settlement agreement, the commissioner of the Minnesota Pollution
Control Agency must notify the applicable community health board that the litigation has
concluded or a settlement has been reached. The commissioner must collect the money and
transfer it to the applicable community health board. The community health board must
meet directly with the residents potentially affected by the pollution that was the subject of
the litigation or settlement to identify the residents' concerns and incorporate those concerns
into a project that benefits the residents. The project must be implemented by the community
health board and funded as directed in this paragraph. The community health board may
recover the reasonable costs it incurs to administer this paragraph from the funds transferred
to the board under this paragraph. This paragraph directs the transfer and use of money only
and does not create a right of intervention in the litigation or settlement of the enforcement
action for any person or entity. A supplemental environmental project funded as part of a
settlement agreement is not part of a civil penalty and must not be included in calculating
the amount of funds required to be distributed to a community health board under this
paragraph. For the purposes of this paragraph, "supplemental environmental project" means
a project that benefits the environment or public health that a regulated facility agrees to
undertake, though not legally required to do so, as part of a settlement with respect to an
enforcement action taken by the Minnesota Pollution Control Agency to resolve
noncompliance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to all litigation actions or settlements from which the Minnesota Pollution Control
Agency recovers $250,000 or more on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2022, section 115.01, is amended by adding a subdivision to
read:
new text begin Subd. 8a. new text end
new text begin Microplastics. new text end
new text begin
"Microplastics" means particles of plastic less than 500
micrometers in size.
new text end
Sec. 3.
Minnesota Statutes 2022, section 115.01, is amended by adding a subdivision to
read:
new text begin Subd. 8b. new text end
new text begin Nanoplastics. new text end
new text begin
"Nanoplastics" means plastic particles less than or equal to 100
nanometers in size.
new text end
Sec. 4.
Minnesota Statutes 2022, section 115.01, is amended by adding a subdivision to
read:
new text begin Subd. 10a. new text end
new text begin Plastic. new text end
new text begin
"Plastic" means a synthetic material made from linking monomers
through a chemical reaction to create a polymer chain that can be molded or extruded at
high heat into various solid forms that retain their defined shapes during their life cycle and
after disposal. Plastic does not mean natural polymers that have not been chemically
modified.
new text end
Sec. 5.
Minnesota Statutes 2022, section 115.03, subdivision 1, is amended to read:
Subdivision 1.
Generally.
new text begin (a) new text end The deleted text begin agencydeleted text end new text begin commissionernew text end is deleted text begin herebydeleted text end given and charged
with the following powers and duties:
deleted text begin (a)deleted text end new text begin (1) new text end to administer and enforce all laws relating to the pollution of any of the waters
of the state;
deleted text begin (b)deleted text end new text begin (2) new text end to investigate the extent, character, and effect of the pollution of the waters of
this state and to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of the state as
it may deem advisable;
deleted text begin (c)deleted text end new text begin (3)new text end to establish and alter such reasonable pollution standards for any waters of the
state in relation to the public use to which they are or may be put as it shall deem necessary
for the purposes of this chapter and, with respect to the pollution of waters of the state,
chapter 116;
deleted text begin (d)deleted text end new text begin (4)new text end to encourage waste treatment, including advanced waste treatment, instead of
stream low-flow augmentation for dilution purposes to control and prevent pollution;
deleted text begin (e)deleted text end new text begin (5)new text end to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
orders, permits, variances, standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order to prevent, control or abate
water pollution, or for the installation or operation of disposal systems or parts thereof, or
for other equipment and facilities:
deleted text begin (1)deleted text end new text begin (i)new text end requiring the discontinuance of the discharge of sewage, industrial waste or other
wastes into any waters of the state resulting in pollution in excess of the applicable pollution
standard established under this chapter;
deleted text begin (2)deleted text end new text begin (ii)new text end prohibiting or directing the abatement of any discharge of sewage, industrial
waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
into any municipal disposal system where the same is likely to get into any waters of the
state in violation of this chapter and, with respect to the pollution of waters of the state,
chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
specifying the schedule of compliance within which such prohibition or abatement must be
accomplished;
deleted text begin (3)deleted text end new text begin (iii)new text end prohibiting the storage of any liquid or solid substance or other pollutant in a
manner which does not reasonably assure proper retention against entry into any waters of
the state that would be likely to pollute any waters of the state;
deleted text begin (4)deleted text end new text begin (iv)new text end requiring the construction, installation, maintenance, and operation by any person
of any disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or any part thereof,
or the adoption of other remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any person;
deleted text begin (5)deleted text end new text begin (v)new text end establishing, and from time to time revising, standards of performance for new
sources taking into consideration, among other things, classes, types, sizes, and categories
of sources, processes, pollution control technology, cost of achieving such effluent reduction,
and any nonwater quality environmental impact and energy requirements. Said standards
of performance for new sources shall encompass those standards for the control of the
discharge of pollutants which reflect the greatest degree of effluent reduction which the
agency determines to be achievable through application of the best available demonstrated
control technology, processes, operating methods, or other alternatives, including, where
practicable, a standard permitting no discharge of pollutants. New sources shall encompass
buildings, structures, facilities, or installations from which there is or may be the discharge
of pollutants, the construction of which is commenced after the publication by the agency
of proposed rules prescribing a standard of performance which will be applicable to such
source. Notwithstanding any other provision of the law of this state, any point source the
construction of which is commenced after May 20, 1973, and which is so constructed as to
meet all applicable standards of performance for new sources shall, consistent with and
subject to the provisions of section 306(d) of the Amendments of 1972 to the Federal Water
Pollution Control Act, not be subject to any more stringent standard of performance for new
sources during a ten-year period beginning on the date of completion of such construction
or during the period of depreciation or amortization of such facility for the purposes of
section 167 or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period
ends first. Construction shall encompass any placement, assembly, or installation of facilities
or equipment, including contractual obligations to purchase such facilities or equipment, at
the premises where such equipment will be used, including preparation work at such
premises;
deleted text begin (6)deleted text end new text begin (vi)new text end establishing and revising pretreatment standards to prevent or abate the discharge
of any pollutant into any publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal system;
deleted text begin (7)deleted text end new text begin (vii)new text end requiring the owner or operator of any disposal system or any point source to
establish and maintain such records, make such reports, install, use, and maintain such
monitoring equipment or methods, including where appropriate biological monitoring
methods, sample such effluents in accordance with such methods, at such locations, at such
intervals, and in such a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;
deleted text begin (8)deleted text end new text begin (viii)new text end notwithstanding any other provision of this chapter, and with respect to the
pollution of waters of the state, chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in order to meet any applicable
water quality standard by establishing new effluent limitations, based upon section 115.01,
subdivision 13, clause (b), including alternative effluent control strategies for any point
source or group of point sources to insure the integrity of water quality classifications,
whenever the agency determines that discharges of pollutants from such point source or
sources, with the application of effluent limitations required to comply with any standard
of best available technology, would interfere with the attainment or maintenance of the
water quality classification in a specific portion of the waters of the state. Prior to
establishment of any such effluent limitation, the agency shall hold a public hearing to
determine the relationship of the economic and social costs of achieving such limitation or
limitations, including any economic or social dislocation in the affected community or
communities, to the social and economic benefits to be obtained and to determine whether
or not such effluent limitation can be implemented with available technology or other
alternative control strategies. If a person affected by such limitation demonstrates at such
hearing that, whether or not such technology or other alternative control strategies are
available, there is no reasonable relationship between the economic and social costs and
the benefits to be obtained, such limitation shall not become effective and shall be adjusted
as it applies to such person;
deleted text begin (9)deleted text end new text begin (ix)new text end modifying, in its discretion, any requirement or limitation based upon best
available technology with respect to any point source for which a permit application is filed
after July 1, 1977, upon a showing by the owner or operator of such point source satisfactory
to the agency that such modified requirements will represent the maximum use of technology
within the economic capability of the owner or operator and will result in reasonable further
progress toward the elimination of the discharge of pollutants; and
deleted text begin (10)deleted text end new text begin (x)new text end requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;
deleted text begin (f)deleted text end new text begin (6)new text end to require to be submitted and to approve plans and specifications for disposal
systems or point sources, or any part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;
deleted text begin (g)deleted text end new text begin (7)new text end to prescribe and alter rules, not inconsistent with law, for the conduct of the
agency and other matters within the scope of the powers granted to and imposed upon it by
this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
that every rule affecting any other department or agency of the state or any person other
than a member or employee of the agency shall be filed with the secretary of state;
deleted text begin (h)deleted text end new text begin (8)new text end to conduct such investigations, issue such notices, public and otherwise, and hold
such hearings as are necessary or which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters of the state, under chapter
116, including, but not limited to, the issuance of permits, and to authorize any member,
employee, or agent appointed by it to conduct such investigations or, issue such notices and
hold such hearings;
deleted text begin (i)deleted text end new text begin (9)new text end for the purpose of water pollution control planning by the state and pursuant to
the Federal Water Pollution Control Act, as amended, to establish and revise planning areas,
adopt plans and programs and continuing planning processes, including, but not limited to,
basin plans and areawide waste treatment management plans, and to provide for the
implementation of any such plans by means of, including, but not limited to, standards, plan
elements, procedures for revision, intergovernmental cooperation, residual treatment process
waste controls, and needs inventory and ranking for construction of disposal systems;
deleted text begin (j)deleted text end new text begin (10)new text end to train water pollution control personneldeleted text begin ,deleted text end and charge deleted text begin suchdeleted text end new text begin training new text end fees deleted text begin therefordeleted text end
as are necessary to cover the agency's costs. All such fees received deleted text begin shalldeleted text end new text begin mustnew text end be paid into
the state treasury and credited to the Pollution Control Agency training account;
new text begin
(11) to provide chloride reduction training and charge training fees as necessary to cover
the agency's costs. All training fees received must be paid into the state treasury and credited
to the Pollution Control Agency training account;
new text end
deleted text begin (k)deleted text end new text begin (12)new text end to impose as additional conditions in permits to publicly owned disposal systems
appropriate measures to insure compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic pollutants, and any system of
user charges ratably as is hereby required under state law or said Federal Water Pollution
Control Act, as amended, or any regulations or guidelines promulgated thereunder;
deleted text begin (l)deleted text end new text begin (13)new text end to set a period not to exceed five years for the duration of any national pollutant
discharge elimination system permit or not to exceed ten years for any permit issued as a
state disposal system permit only;
deleted text begin (m)deleted text end new text begin (14)new text end to require each governmental subdivision identified as a permittee for a
wastewater treatment works to evaluate in every odd-numbered year the condition of its
existing system and identify future capital improvements that will be needed to attain or
maintain compliance with a national pollutant discharge elimination system or state disposal
system permit; and
deleted text begin (n)deleted text end new text begin (15)new text end to train subsurface sewage treatment system personnel, including persons who
design, construct, install, inspect, service, and operate subsurface sewage treatment systems,
and charge fees as necessary to pay the agency's costs. All fees received must be paid into
the state treasury and credited to the agency's training account. Money in the account is
appropriated to the agency to pay expenses related to training.
new text begin (b) new text end The information required innew text begin paragraph (a),new text end clause deleted text begin (m)deleted text end new text begin (14),new text end must be submitted in
every odd-numbered year to the commissioner on a form provided by the commissioner.
The commissioner shall provide technical assistance if requested by the governmental
subdivision.
new text begin (c) new text end The powers and duties given the agency in this subdivision also apply to permits
issued under chapter 114C.
Sec. 6.
Minnesota Statutes 2022, section 115.03, is amended by adding a subdivision to
read:
new text begin Subd. 12. new text end
new text begin Biofuel plants. new text end
new text begin
A national pollutant discharge elimination system or state
disposal system permit issued by the agency to an ethanol plant, as defined in section 41A.09,
subdivision 2a; a biodiesel plant; or an advanced biofuel plant must, as a condition of the
permit, require the monitoring of wastewater for the presence of neonicotinoid pesticides
and perfluoroalkyl or polyfluoroalkyl substances. The permittee's monitoring system must
be capable of providing a permanent record of monitoring results which the permittee must
make available upon request of the commissioner or any person. The commissioner must
periodically inspect a permittee's monitoring system to verify accuracy.
new text end
Sec. 7.
Minnesota Statutes 2022, section 115.061, is amended to read:
115.061 DUTY TO NOTIFY; AVOIDING WATER POLLUTION.
(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency
immediately of the discharge, accidental or otherwise, of any substance or material under
its control which, if not recovered, may cause pollution of waters of the state, and the
responsible person shall recover as rapidly and as thoroughly as possible such substance or
material and take immediately such other action as may be reasonably possible to minimize
or abate pollution of waters of the state caused thereby.
(b) Notification is not required under paragraph (a) for a discharge of five gallons or
less of petroleum, as defined in section 115C.02, subdivision 10. This paragraph does not
affect the other requirements of paragraph (a).
new text begin
(c) Promptly after notifying the agency of a discharge under paragraph (a), a publicly
owned treatment works or a publicly or privately owned domestic sewer system owner must
provide notice to the potentially impacted public and to any downstream drinking water
facility that may be impacted by the discharge. Notice to the public and to any drinking
water facility must be made using the most efficient communications system available to
the facility owner such as in person, telephone call, radio, social media, web page, or another
expedited form. In addition, signage must be posted at all impacted public use areas within
the same jurisdiction or notification must be provided to the entity that has jurisdiction over
any impacted public use areas. A notice under this paragraph must include the date and time
of the discharge, a description of the material released, a warning of the potential public
health risk, and the permittee's contact information.
new text end
new text begin
(d) The agency must provide guidance that includes but is not limited to methods and
protocols for providing timely notice under this section.
new text end
Sec. 8.
Minnesota Statutes 2022, section 115A.03, is amended by adding a subdivision to
read:
new text begin Subd. 37a. new text end
new text begin Waste treated seed. new text end
new text begin
"Waste treated seed" means seed that is treated, as
defined in section 21.81, subdivision 28, and that is withdrawn from sale or that the end
user considers unusable or otherwise a waste.
new text end
Sec. 9.
Minnesota Statutes 2022, section 115A.1415, is amended to read:
115A.1415 ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP PROGRAM;
STEWARDSHIP PLAN.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the
meanings given:
(1) "architectural paint" means interior and exterior architectural coatings sold in
containers of five gallons or less. Architectural paint does not include industrial coatings,
original equipment coatings, or specialty coatings;
(2) "brand" means a name, symbol, word, or mark that identifies architectural paint,
rather than its components, and attributes the paint to the owner or licensee of the brand as
the producer;
(3) "discarded paint" means architectural paint that is no longer used for its manufactured
purpose;
(4) "producer" means a person that:
(i) has legal ownership of the brand, brand name, or cobrand of architectural paint sold
in the state;
(ii) imports architectural paint branded by a producer that meets item (i) when the
producer has no physical presence in the United States;
(iii) if items (i) and (ii) do not apply, makes unbranded architectural paint that is sold in
the state; or
(iv) sells architectural paint at wholesale or retail, does not have legal ownership of the
brand, and elects to fulfill the responsibilities of the producer for the architectural paint by
certifying that election in writing to the commissioner;
(5) "recycling" means the process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes that
do not cause the destruction of recyclable materials in a manner that precludes further use;
(6) "retailer" means any person who offers architectural paint for sale at retail in the
state;
(7) "reuse" means donating or selling collected architectural paint back into the market
for its original intended use, when the architectural paint retains its original purpose and
performance characteristics;
(8) "sale" or "sell" means transfer of title of architectural paint for consideration, including
a remote sale conducted through a sales outlet, catalog, website, or similar electronic means.
Sale or sell includes a lease through which architectural paint is provided to a consumer by
a producer, wholesaler, or retailer;
(9) "stewardship assessment" means the amount added to the purchase price of
architectural paint sold in the state deleted text begin that is necessary to cover the cost of collecting,
transporting, and processing postconsumer architectural paint by the producer or stewardship
organization pursuant to a product stewardship programdeleted text end new text begin to implement a product stewardship
program according to an approved stewardship plannew text end ;
(10) "stewardship organization" means an organization appointed by one or more
producers to act as an agent on behalf of the producer to design, submit, and administer a
product stewardship program under this section; and
(11) "stewardship plan" means a detailed plan describing the manner in which a product
stewardship program under subdivision 2 will be implemented.
Subd. 2.
Product stewardship program.
For architectural paint sold in the state,
producers must, individually or through a stewardship organization, implement and finance
a statewide product stewardship program that manages the architectural paint by reducing
the paint's waste generation, promoting its reuse and recycling, and providing for negotiation
and execution of agreements to collect, transport, and process the architectural paint for
end-of-life recycling and reuse.
Subd. 3.
Participation required to sell.
(a) deleted text begin On and after July 1, 2014, or three months
after program plan approval, whichever is sooner,deleted text end No producer, wholesaler, or retailer may
sell or offer for sale in the state architectural paint unless the paint's producer participates
in an approved stewardship plan, either individually or through a stewardship organization.
(b) Each producer must operate a product stewardship program approved by the deleted text begin agencydeleted text end new text begin
commissionernew text end or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the deleted text begin agencydeleted text end new text begin commissionernew text end .
Subd. 4.
Stewardship plan required.
(a) deleted text begin On or before March 1, 2014, anddeleted text end Before
offering architectural paint for sale in the state, a producer must submit a stewardship plan
to the deleted text begin agencydeleted text end new text begin commissionernew text end and receive approval of the plan or must submit documentation
to the deleted text begin agencydeleted text end new text begin commissionernew text end that demonstrates the producer has entered into an agreement
with a stewardship organization to be an active participant in an approved product
stewardship program as described in subdivision 2. A stewardship plan must include all
elements required under subdivision 5.
(b) deleted text begin Andeleted text end new text begin A proposednew text end amendment to the plan, if determined necessary by the commissioner,
must be submitted new text begin to the commissioner for review and approval or rejection new text end every five
years.
(c) deleted text begin It is the responsibility ofdeleted text end The entities responsible for each stewardship plan deleted text begin todeleted text end new text begin mustnew text end
notify the deleted text begin agencydeleted text end new text begin commissionernew text end within 30 days of any significant new text begin proposed new text end changes deleted text begin or
modificationsdeleted text end to the plan or its implementation. Within 30 days of the notification, a written
new text begin proposed new text end plan deleted text begin revisiondeleted text end new text begin amendmentnew text end must be submitted to the deleted text begin agencydeleted text end new text begin commissionernew text end for
review and approvalnew text begin or rejectionnew text end .
Subd. 5.
Plan content.
A stewardship plan must contain:
(1) certification that the product stewardship program will accept all discarded paint
regardless of which producer produced the architectural paint and its individual components;
(2) contact information for the individual and the entity submitting the new text begin stewardship new text end plan,
a list of all producers participating in the product stewardship program, and the brands
covered by the product stewardship program;
(3) a description of the methods by which the discarded paint will be collected in all
areas in the state without relying on end-of-life fees, including an explanation of how the
collection system will be convenient and adequate to serve the needs of small businesses
and residents in both urban and rural areas on an ongoing basis and a discussion of how the
existing household hazardous waste infrastructure will be considered when selecting
collection sites;
(4) a description of how the adequacy of the collection program will be monitored and
maintained;
(5) the names and locations of collectors, transporters, and recyclers that will manage
discarded paint;
(6) a description of how the discarded paint and the paint's components will be safely
and securely transported, tracked, and handled from collection through final recycling and
processing;
(7) a description of the method that will be used to reuse, deconstruct, or recycle the
discarded paint to ensure that the paint's components, to the extent feasible, are transformed
or remanufactured into finished products for use;
(8) a description of the promotion and outreach activities that will be used to encourage
participation in the collection and recycling programs and how the activities' effectiveness
will be evaluated and the program modified, if necessary;
(9) the proposed stewardship assessmentdeleted text begin . The producer or stewardship organization
shall propose a uniform stewardship assessment for any architectural paint sold in the state.
The proposed stewardship assessment shall be reviewed by an independent auditor to ensure
that the assessment does not exceed the costs of the product stewardship program and the
independent auditor shall recommend an amount for the stewardship assessment. The agency
must approve the stewardship assessmentdeleted text end new text begin established according to subdivision 5anew text end ;
(10) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
(11) five-year performance goals, including an estimate of the percentage of discarded
paint that will be collected, reused, and recycled during each of the first five years of the
stewardship plan. The performance goals must include a specific goal for the amount of
discarded paint that will be collected and recycled and reused during each year of the plan.
The performance goals must be based on:
(i) the most recent collection data available for the state;
(ii) the estimated amount of architectural paint disposed of annually;
(iii) the weight of the architectural paint that is expected to be available for collection
annually; and
(iv) actual collection data from other existing stewardship programs.
The stewardship plan must state the methodology used to determine these goals; and
(12) a discussion of the status of end markets for collected architectural paint and what,
if any, additional end markets are needed to improve the functioning of the program.
new text begin Subd. 5a. new text end
new text begin Stewardship assessment. new text end
new text begin
The producer or stewardship organization must
propose a uniform stewardship assessment for any architectural paint sold in the state that
covers but does not exceed the costs of developing the stewardship plan, operating and
administering the program in accordance with the stewardship plan and the requirements
of this section, and maintaining a financial reserve. A stewardship organization or producer
must not maintain a financial reserve in excess of 75 percent of the organization's annual
operating expenses. The producer or stewardship organization must retain an independent
auditor to review the proposed stewardship assessment to ensure that the assessment meets
the requirements of this section. The independent auditor must recommend an amount for
the stewardship assessment. If the financial reserve exceeds 75 percent of the producer or
stewardship organization's annual operating expenses, the producer or stewardship
organization must submit a proposed plan amendment according to subdivision 4, paragraph
(c), to comply with this subdivision. The commissioner must review and approve or reject
the stewardship assessment according to subdivision 7.
new text end
Subd. 6.
Consultation required.
Each stewardship organization or individual producer
submitting a stewardship plan new text begin or plan amendment new text end must consult with stakeholders including
retailers, contractors, collectors, recyclers, local government, and customers during the
development of the plannew text begin or plan amendmentnew text end .
Subd. 7.
deleted text begin Agencydeleted text end new text begin Commissionernew text end review and approval.
(a) Within 90 days after deleted text begin receipt
ofdeleted text end new text begin receivingnew text end a proposed stewardship plan, the deleted text begin agency shalldeleted text end new text begin commissioner mustnew text end determine
whether the plan complies with deleted text begin subdivision 4deleted text end new text begin this sectionnew text end . If the deleted text begin agencydeleted text end new text begin commissionernew text end
approves a plan, the deleted text begin agency shalldeleted text end new text begin commissioner mustnew text end notify the applicant of the plan approval
in writing. If the deleted text begin agencydeleted text end new text begin commissionernew text end rejects a plan, the deleted text begin agency shalldeleted text end new text begin commissioner mustnew text end
notify the applicant in writing of the reasons for rejecting the plan.
new text begin (b)new text end An applicant whose plan is rejected by the deleted text begin agencydeleted text end new text begin commissionernew text end must submit a
revised new text begin stewardship new text end plan to the deleted text begin agencydeleted text end new text begin commissioner new text end within 60 days after receiving notice
of rejection.new text begin A stewardship organization may submit a revised stewardship plan to the
commissioner on not more than two consecutive occasions. If, after the second consecutive
submission, the commissioner determines that the revised stewardship plan still does not
meet the requirements of this section, the commissioner must modify the stewardship plan
as necessary to meet the requirements of this section and approve the stewardship plan.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Any proposed deleted text begin changesdeleted text end new text begin amendmentnew text end to a stewardship plan must be new text begin reviewed and
new text end approved new text begin or rejected new text end by the deleted text begin agencydeleted text end new text begin commissionernew text end in writingnew text begin according to this subdivisionnew text end .
Subd. 8.
Plan availability.
All deleted text begin draftdeleted text end new text begin proposed stewardship plans and amendmentsnew text end and
approved stewardship plans deleted text begin shalldeleted text end new text begin and amendments mustnew text end be placed on the agency's website
for at least 30 days and made available at the agency's headquarters for public review and
comment.
Subd. 9.
Conduct authorized.
A producer or stewardship organization that organizes
collection, transport, and processing of architectural paint under this section is immune from
liability for the conduct under state laws relating to antitrust, restraint of trade, unfair trade
practices, and other regulation of trade or commerce only to the extent that the conduct is
necessary to plan and implement the producer's or organization's chosen organized collection
or recycling system.
Subd. 10.
Producer responsibilities.
(a) On and after the date of implementation of a
product stewardship program according to this section, a producer of architectural paint
must add the stewardship assessment, as established under subdivision deleted text begin 5, clause (9)deleted text end new text begin 5anew text end , to
the cost of architectural paint sold to retailers and distributors in the state by the producer.
(b) Producers of architectural paint or the stewardship organization deleted text begin shalldeleted text end new text begin mustnew text end provide
consumers with educational materials regarding the stewardship assessment and product
stewardship program. The materials must include, but are not limited to, information
regarding available end-of-life management options for architectural paint offered through
the product stewardship program and information that notifies consumers that a charge for
the operation of the product stewardship program is included in the purchase price of
architectural paint sold in the state.
Subd. 11.
Retailer responsibilities.
(a) deleted text begin On and after July 1, 2014, or three months after
program plan approval, whichever is sooner,deleted text end No architectural paint may be sold in the state
unless the paint's producer is participating in an approved stewardship plan.
(b) On and after the implementation date of a product stewardship program according
to this section, each retailer or distributor, as applicable, must ensure that the full amount
of the stewardship assessment added to the cost of architectural paint by producers under
subdivision 10 is included in the purchase price of all architectural paint sold in the state.
(c) Any retailer may participate, on a voluntary basis, as a designated collection point
pursuant to a product stewardship program under this section and in accordance with
applicable law.
(d) No retailer or distributor shall be found to be in violation of this subdivision if, on
the date the architectural paint was ordered from the producer or its agent, the producer was
listed as compliant on the agency's website according to subdivision 14.
Subd. 12.
Stewardship reports.
deleted text begin Beginning October 1, 2015,deleted text end new text begin By April 1 each year,new text end
producers of architectural paint sold in the state must individually or through a stewardship
organization submit an annual report to the deleted text begin agencydeleted text end new text begin commissionernew text end describing the product
stewardship programnew text begin for the preceding calendar yearnew text end . At a minimum, the report must contain:
(1) a description of the methods used to collect, transport, and process architectural paint
in all regions of the state;
(2) the weight of all architectural paint collected in all regions of the state and a
comparison to the performance goals and recycling rates established in the stewardship
plan;
(3) the amount of unwanted architectural paint collected in the state by method of
disposition, including reuse, recycling, and other methods of processing;
(4) samples of educational materials provided to consumers and an evaluation of the
effectiveness of the materials and the methods used to disseminate the materials; and
(5) an independent financial audit.
Subd. 13.
Data classification.
Trade secret and sales information, as defined under
section 13.37, submitted to the deleted text begin agencydeleted text end new text begin commissionernew text end under this section are private or
nonpublic data under section 13.37.
Subd. 14.
deleted text begin Agencydeleted text end new text begin Commissionernew text end responsibilities.
The deleted text begin agency shalldeleted text end new text begin commissioner mustnew text end
provide, on deleted text begin itsdeleted text end new text begin the agency'snew text end website, a list of all compliant producers and brands participating
in stewardship plans that the deleted text begin agencydeleted text end new text begin commissionernew text end has approved and a list of all producers
and brands the deleted text begin agencydeleted text end new text begin commissionernew text end has identified as noncompliant with this section.
Subd. 15.
Local government responsibilities.
(a) A city, county, or other public agency
may choose to participate voluntarily in a product stewardship program.
(b) Cities, counties, and other public agencies are encouraged to work with producers
and stewardship organizations to assist in meeting product stewardship program reuse and
recycling obligations, by providing education and outreach or using other strategies.
(c) A city, county, or other public agency that participates in a product stewardship
program must report for the first year of the program to the deleted text begin agencydeleted text end new text begin commissionernew text end using the
reporting form provided by the deleted text begin agencydeleted text end new text begin commissionernew text end on the cost savings as a result of
participation and new text begin must new text end describe how the savings were used.
Subd. 16.
Administrative fee.
(a) The stewardship organization or individual producer
submitting a stewardship plan deleted text begin shalldeleted text end new text begin mustnew text end pay an annual administrative fee to the
commissioner. The deleted text begin agencydeleted text end new text begin commissionernew text end may establish a variable fee based on relevant
factors, includingdeleted text begin ,deleted text end but not limited todeleted text begin ,deleted text end the portion of architectural paint sold in the state by
members of the organization compared to the total amount of architectural paint sold in the
state by all organizations submitting a stewardship plan.
(b) deleted text begin Prior to July 1, 2014, anddeleted text end Before July 1 deleted text begin annually thereafterdeleted text end new text begin each yearnew text end , the deleted text begin agency
shalldeleted text end new text begin commissioner mustnew text end identify the costs deleted text begin itdeleted text end new text begin the agencynew text end incurs under this section. The
deleted text begin agency shalldeleted text end new text begin commissioner mustnew text end set the fee at an amount that, when paid by every
stewardship organization or individual producer that submits a stewardship plan, is adequate
to reimburse the agency's full costs of administering this section. The total amount of annual
fees collected under this subdivision must not exceed the amount necessary to reimburse
costs incurred by the agency to administer this section.
(c) A stewardship organization or individual producer subject to this subdivision must
pay the deleted text begin agency'sdeleted text end new text begin commissioner'snew text end administrative fee under paragraph (a) on or before July
1deleted text begin , 2014, and annually thereafterdeleted text end new text begin each yearnew text end . Each year after the initial payment, the annual
administrative fee may not exceed five percent of the aggregate stewardship assessment
added to the cost of all architectural paint sold by producers in the state for the preceding
calendar year.
(d) All fees received under this section deleted text begin shalldeleted text end new text begin mustnew text end be deposited in the state treasury and
credited to a product stewardship account in the special revenue fund. deleted text begin For fiscal years 2014,
2015, 2016, and 2017,deleted text end The amount collected under this section is annually appropriated to
the deleted text begin agencydeleted text end new text begin commissionernew text end to implement and enforce this section.
new text begin Subd. 17. new text end
new text begin Duty to provide information. new text end
new text begin
Upon request of the commissioner for purposes
of determining compliance with this section, a person must furnish to the commissioner
any information that the person has or may reasonably obtain.
new text end
Sec. 10.
Minnesota Statutes 2022, section 115A.565, subdivision 1, is amended to read:
Subdivision 1.
Grant program established.
The commissioner must make competitive
grants to political subdivisions or federally recognized Tribes deleted text begin to establish curbside recycling
or composting, increasedeleted text end new text begin for waste reduction, reuse,new text end recycling deleted text begin ordeleted text end new text begin , andnew text end compostingdeleted text begin , reduce
the amount of recyclable materials entering disposal facilities, or reduce the costs associated
with hauling waste by locating collection sites as close as possible to the site where the
waste is generateddeleted text end new text begin of source-separated compostable materials or yard wastenew text end . To be eligible
for grants under this section, a political subdivision or federally recognized Tribe must be
located outside the seven-county metropolitan area and a city must have a population of
less than 45,000.
Sec. 11.
Minnesota Statutes 2022, section 115A.565, subdivision 3, is amended to read:
Subd. 3.
Priorities; eligible projects.
(a) If applications for grants exceed the available
appropriations, grants must be made for projects that, in the commissioner's judgment,
provide the highest return in public benefits.
(b) To be eligible to receive a grant, a project must:
(1) be locally administered;
(2) have an educational component and measurable outcomes;
(3) request $250,000 or less;
(4) demonstrate local direct and indirect matching support of at least a quarter amount
of the grant request; deleted text begin and
deleted text end
(5) include at least one of the following elements:
deleted text begin
(i) transition to residential recycling through curbside or centrally located collection
sites;
deleted text end
deleted text begin
(ii) development of local recycling systems to support curbside recycling; or
deleted text end
deleted text begin
(iii) development or expansion of local recycling systems to support recycling bulk
materials, including, but not limited to, electronic waste.
deleted text end
new text begin
(i) waste reduction;
new text end
new text begin
(ii) reuse;
new text end
new text begin
(iii) recycling; or
new text end
new text begin
(iv) composting of source-separated compostable materials or yard waste; and
new text end
new text begin
(6) demonstrate that the project will reduce waste generation through waste reduction
or reuse or that the project will increase the amount of recyclable materials or
source-separated compostable materials diverted from a disposal facility.
new text end
Sec. 12.
new text begin
[115A.566] ZERO-WASTE GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section the following terms have
the meanings given.
new text end
new text begin
(b) "Compost" means a product that:
new text end
new text begin
(1) is manufactured through the controlled aerobic, biological decomposition of
biodegradable materials; and
new text end
new text begin
(2) has undergone mesophilic and thermophilic temperatures, which significantly reduces
the viability of pathogens and weed seeds and stabilizes the carbon such that it is beneficial
to plant growth.
new text end
new text begin
(c) "Composting" means the controlled microbial degradation of organic waste to yield
a humus-like product.
new text end
new text begin
(d) "Electronics" means any product that is powered by electricity but does not include
industrial machinery or lead-acid batteries.
new text end
new text begin
(e) "Eligible entity" means:
new text end
new text begin
(1) a small business, as defined in section 645.445;
new text end
new text begin
(2) an organization that is exempt from taxes under section 501(c)(3) of the Internal
Revenue Code; or
new text end
new text begin
(3) a Minnesota city, county, public school district, town, or Tribal government.
new text end
new text begin
(f) "Embodied energy" means energy that was used to create a product or material.
new text end
new text begin
(g) "Environmental justice area" means one or more census tracts in Minnesota:
new text end
new text begin
(1) in which, based on the most recent data published by the United States Census Bureau:
new text end
new text begin
(i) 40 percent or more of the area's total population is nonwhite;
new text end
new text begin
(ii) 35 percent or more of households in the area have an income that is at or below 200
percent of the federal poverty level; or
new text end
new text begin
(iii) 40 percent or more of the population over the age of five has limited English
proficiency; or
new text end
new text begin
(2) located in Indian Country, as defined in United States Code, title 18, section 1151.
new text end
new text begin
(h) "Life-cycle impact" means the environmental impacts of products, processes, or
services from raw materials through production, usage, and disposal.
new text end
new text begin
(i) "Living wage" means the minimum income necessary to allow a person working 40
hours per week to afford the cost of housing, food, and other material necessities.
new text end
new text begin
(j) "Refurbished" means a product that was used, deemed defective, recycled, or returned
to the manufacturer or a third party, then tested and repaired by the manufacturer or a third
party before being sold again.
new text end
new text begin
(k) "Responsible end market" means a materials market in which recycling materials or
disposing of contaminants is conducted in a way that benefits the environment and minimizes
risks to public health and worker health and safety.
new text end
new text begin
(l) "Reuse" means the repair, repurposing, or multiple use of products and materials in
a way that extends the useful life of products and materials and decreases the demand for
new production. Reuse is not recycling and does not alter an object's physical form by
extracting base materials for processing into a new product.
new text end
new text begin
(m) "Rural area" means an area outside the boundaries of a city whose population is
50,000 or more and outside an area contiguous to the city that has a population density
greater than 100 persons per square mile.
new text end
new text begin
(n) "Zero waste" means conserving all resources by means of responsible production,
consumption, reuse, and recovery of products, packaging, and materials without burning
or otherwise destroying embodied energy, with no discharges to land, water, or air that
threaten the environment or human health.
new text end
new text begin Subd. 2. new text end
new text begin Grant program. new text end
new text begin
The commissioner must establish a competitive grant program
to award grants to eligible entities to promote projects described in subdivisions 5 to 8 that
are consistent with zero-waste practices.
new text end
new text begin Subd. 3. new text end
new text begin Grant application process. new text end
new text begin
(a) The commissioner must develop administrative
procedures governing the application and grant award process.
new text end
new text begin
(b) The commissioner must award grants to eligible entities under this section through
a competitive grant process. In a request for proposals, the commissioner must:
new text end
new text begin
(1) specify the maximum grant amount; and
new text end
new text begin
(2) establish the minimum percentage of total project funds that an applicant must
contribute to the project. Recycling projects described in subdivisions 5, 7, and 8 must
demonstrate use of responsible end markets.
new text end
new text begin
(c) The commissioner must develop, in consultation with the agency's Environmental
Justice Advisory Group, a streamlined and accessible application process.
new text end
new text begin
(d) To apply for a grant under this section, an eligible entity must submit a written
application to the commissioner on a form prescribed by the commissioner.
new text end
new text begin
(e) The application must include specific source reduction, recycling, or composting
targets or estimate reductions in life-cycle impacts to be achieved by the project.
new text end
new text begin
(f) A project awarded a grant under this section must be completed within three years
of the award.
new text end
new text begin
(g) A recycling project awarded a grant under this section must not include energy
recovery or energy generation by any means, including but not limited to combustion,
incineration, pyrolysis, gasification, solvolysis, thermal desorption, or waste to fuel, or
landfill disposal of discarded material or discarded product component materials, including
the use of materials as landfill cover.
new text end
new text begin Subd. 4. new text end
new text begin Grant award process; priorities. new text end
new text begin
In awarding grants under this section, the
commissioner must:
new text end
new text begin
(1) award at least 60 percent of available money to eligible entities whose projects are
located in environmental justice areas and at least 30 percent of available funds to eligible
entities whose projects are located in rural areas; and
new text end
new text begin
(2) give priority to eligible entities whose projects:
new text end
new text begin
(i) achieve source reduction;
new text end
new text begin
(ii) develop reuse systems;
new text end
new text begin
(iii) support existing or create new jobs that pay a living wage, with additional priority
given to projects that create jobs for individuals with barriers to employment, as determined
by the commissioner;
new text end
new text begin
(iv) minimize any negative environmental consequences of the proposed project;
new text end
new text begin
(v) demonstrate a need for additional investment in infrastructure and projects to achieve
source reduction, recycling, or composting targets set by the local unit of government
responsible for waste and recycling programs in the project area;
new text end
new text begin
(vi) encourage further investment in source reduction, recycling, or composting projects;
or
new text end
new text begin
(vii) incorporate multistakeholder involvement, including nonprofit, commercial, and
public sector partners.
new text end
new text begin Subd. 5. new text end
new text begin Electronics grants. new text end
new text begin
(a) The commissioner may award grants under this
subdivision to source reduction and recycling projects that address electronics. Grants may
be used to fund recycling technology or infrastructure, research and development projects,
and electronics repair or refurbishment.
new text end
new text begin
(b) No grant may be awarded under this subdivision:
new text end
new text begin
(1) for an electronic waste buy-back program that pays consumers for used electronics
in the form of credits that may be used to purchase additional electronics; or
new text end
new text begin
(2) to recyclers who are not certified by an organization accredited by the American
National Standards Institute National Accreditation Board as having achieved the e-Stewards
Standard for Responsible Recycling and Reuse of Electronic Equipment.
new text end
new text begin Subd. 6. new text end
new text begin Source reduction and reuse grants. new text end
new text begin
The commissioner may award grants
under this subdivision to projects that promote source reduction or reuse. Grants may be
used:
new text end
new text begin
(1) to redesign products in ways that reduce their life-cycle impacts while not increasing
the toxicity of those impacts, including reducing the amount of packaging; or
new text end
new text begin
(2) for education and outreach activities that encourage consumers to change their product
purchasing, use, or disposal behaviors in ways that promote source reduction or reuse.
new text end
new text begin Subd. 7. new text end
new text begin Market development grants. new text end
new text begin
(a) The commissioner may award grants under
this subdivision to projects that promote and strengthen markets for reuse, recycling, and
composting, including projects that increase demand for sorted recyclable commodities,
refurbished goods, or compost.
new text end
new text begin
(b) Projects seeking grants under this subdivision must target materials that are
disproportionately disposed of in landfills or incinerated and must reduce the volume, weight,
or toxicity of waste and waste by-products.
new text end
new text begin
(c) Projects seeking grants under this subdivision to expand recycling markets must
target easily or commonly recycled materials.
new text end
new text begin
(d) Projects seeking grants under this subdivision must not conflict with other laws or
requirements identified by the commissioner.
new text end
new text begin Subd. 8. new text end
new text begin Recycling and composting infrastructure grants. new text end
new text begin
(a) Grants awarded under
this subdivision may be used for facilities, machinery, equipment, and other physical
infrastructure or supplies required to collect or process materials for recycling and
composting.
new text end
new text begin
(b) Grants awarded under this subdivision must result in increased capacity to process
residential and commercial source-separated organics, yard waste, and recyclable materials.
Grants awarded to increase the capacity of composting infrastructure must generate a usable
product that has demonstrable environmental benefits.
new text end
new text begin
(c) No grant may be awarded under this subdivision to support composting material
derived from mixed municipal solid waste.
new text end
new text begin Subd. 9. new text end
new text begin Reporting. new text end
new text begin
By January 15, 2025, and each January 15 through 2027, the
commissioner must submit a written report to the chairs and ranking minority members of
the legislative committees having jurisdiction over economic development and environment
that describes the use of grant money under this section. The report must include, at a
minimum:
new text end
new text begin
(1) a list of grant recipients, grant amounts, and project descriptions; and
new text end
new text begin
(2) a narrative of progress made toward grant project goals.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
new text begin
[115A.993] PROHIBITED DISPOSAL METHODS.
new text end
new text begin
A person must not dispose of waste treated seed in a manner inconsistent with the product
label, where applicable, or by:
new text end
new text begin
(1) burial near a drinking water source or any creek, stream, river, lake, or other surface
water;
new text end
new text begin
(2) composting; or
new text end
new text begin
(3) incinerating within a home or other dwelling.
new text end
Sec. 14.
Minnesota Statutes 2022, section 115B.17, subdivision 14, is amended to read:
Subd. 14.
Requests for review, investigation, and oversight.
(a) The commissioner
may, upon request, assist a person in determining whether real property has been the site
of a release or threatened release of a hazardous substance, pollutant, or contaminant. The
commissioner may also assist in, or supervise, the development and implementation of
reasonable and necessary response actions. Assistance may include review of agency records
and files, and review and approval of a requester's investigation plans and reports and
response action plans and implementation.
(b) Except as otherwise provided in this paragraph, the person requesting assistance
under this subdivision shall pay the agency for the agency's cost, as determined by the
commissioner, of providing assistance. A state agency, political subdivision, or other public
entity is not required to pay for the agency's cost to review agency records and files. deleted text begin Money
received by the agency for assistance under this sectiondeleted text end new text begin The first $350,000 received annually
by the agency for assistance under this subdivision from persons who are not otherwise
responsible under sections 115B.01 to 115B.18new text end must be deposited in the remediation fund
and is exempt from section 16A.1285.new text begin Money received after the first $350,000 must be
deposited in the state treasury and credited to an account in the special revenue fund. Money
in the account is annually appropriated to the commissioner for the purposes of administering
this subdivision.
new text end
(c) When a person investigates a release or threatened release in accordance with an
investigation plan approved by the commissioner under this subdivision, the investigation
does not associate that person with the release or threatened release for the purpose of section
115B.03, subdivision 3, paragraph (a), clause (4).
Sec. 15.
Minnesota Statutes 2022, section 115B.171, subdivision 3, is amended to read:
Subd. 3.
Test reporting.
(a) By deleted text begin Januarydeleted text end new text begin Marchnew text end 15 each year, the commissioner of the
Pollution Control Agency must report to each community in the east metropolitan area a
summary of the results of the testing for private wells in the community. The report must
include information on the number of wells tested and trends of PFC contamination in
private wells in the community. Reports to communities under this section must also be
published on the Pollution Control Agency's website.
(b) By deleted text begin Januarydeleted text end new text begin Marchnew text end 15 each year, the commissioner of the Pollution Control Agency
must report to the legislature, as provided in section 3.195, on the testing for private wells
conducted in the east metropolitan area, including copies of the community reports required
in paragraph (a), the number of requests for well testing in each community, and the total
amount spent for testing private wells in each community.
Sec. 16.
Minnesota Statutes 2022, section 115B.52, subdivision 4, is amended to read:
Subd. 4.
Reporting.
The commissioner of the Pollution Control Agency and the
commissioner of natural resources must jointly submit:
(1) by April 1, 2019, an implementation plan detailing how the commissioners will:
(i) determine how the priorities in the settlement will be met and how the spending will
move from the first priority to the second priority and the second priority to the third priority
outlined in the settlement; and
(ii) evaluate and determine what projects receive funding;
(2) by deleted text begin February 1 and August 1deleted text end new text begin October 1 new text end each year, a deleted text begin biannualdeleted text end report to the chairs and
ranking minority members of the legislative policy and finance committees with jurisdiction
over environment and natural resources on expenditures from the water quality and
sustainability account during the previous deleted text begin six monthsdeleted text end new text begin fiscal yearnew text end ; and
(3) by deleted text begin Augustdeleted text end new text begin Octobernew text end 1, deleted text begin 2019deleted text end new text begin 2023new text end , and each year thereafter, a report to the legislature
on expenditures from the water quality and sustainability account during the previous fiscal
year and a spending plan for anticipated expenditures from the account during the current
fiscal year.
Sec. 17.
Minnesota Statutes 2022, section 116.02, is amended to read:
116.02 POLLUTION CONTROL AGENCY; CREATION AND POWERS.
Subdivision 1.
Creation.
A pollution control agency, designated as the Minnesota
Pollution Control Agency, deleted text begin is hereby createddeleted text end new text begin consists of the commissioner and eight members
appointed by the governor, by and with the advice and consent of the senatenew text end .
new text begin Subd. 2a. new text end
new text begin Terms, compensation, removal, vacancies. new text end
new text begin
The membership terms,
compensation, removal of members, and filling of vacancies on the agency is as provided
in section 15.0575.
new text end
new text begin Subd. 3a. new text end
new text begin Membership. new text end
new text begin
(a) The membership of the Pollution Control Agency must be
broadly representative of the skills and experience necessary to effectuate the policy of
sections 116.01 to 116.075, except that no member other than the commissioner may be an
officer or employee of the state or federal government.
new text end
new text begin
(b) The membership of the Pollution Control Agency must reflect the diversity of the
state of Minnesota in terms of race, gender, and geography.
new text end
new text begin
(c) Only two members at one time may be officials or employees of a municipality or
any governmental subdivision, but neither may be a member ex-officio or otherwise on the
management board of a municipal sanitary sewage disposal system.
new text end
new text begin
(d) Membership must include:
new text end
new text begin
(1) at least one enrolled member of one of the 11 federally recognized Tribes in the state;
new text end
new text begin
(2) at least three members who live in environmental justice communities and identify
as American Indian or Alaska Natives, Black or African American, Hispanic or Latino,
Asian, Pacific Islander, members of a community of color, or low-income. An environmental
justice community means a community with significant representation of communities of
color, low-income communities, or Tribal and Indigenous communities that experience, or
are at risk of experiencing, higher instances of or more adverse human health or
environmental effects;
new text end
new text begin
(3) at least one farmer of livestock or crops, or both, with fewer than 200 head of livestock
or 500 acres of cropland, or both; and
new text end
new text begin
(4) at least one member of a labor union.
new text end
new text begin Subd. 4a. new text end
new text begin Chair. new text end
new text begin
The commissioner serves as chair of the agency. The agency elects
other officers as the agency deems necessary.
new text end
Subd. 5.
Agency successor to commission.
The new text begin Minnesota new text end Pollution Control Agency
is the successor of the Water Pollution Control Commission, and all powers and duties now
vested in or imposed upon said commission by chapter 115, or any act amendatory thereof
or supplementary thereto, are hereby transferred to, imposed upon, and vested in the
commissioner of the new text begin Minnesota new text end Pollution Control Agency.
new text begin Subd. 6a. new text end
new text begin Required decisions. new text end
new text begin
(a) The agency must make final decisions on the following
matters:
new text end
new text begin
(1) a petition for preparing an environmental assessment worksheet, if the project proposer
or a person commenting on the proposal requests that the decision be made by the agency
and the agency requests that it make the decision under subdivision 8a;
new text end
new text begin
(2) the need for an environmental impact statement following preparation of an
environmental assessment worksheet under applicable rules, if:
new text end
new text begin
(i) the agency has received a request for an environmental impact statement;
new text end
new text begin
(ii) the project proposer or a person commenting on the proposal requests that the
declaration be made by the agency and the agency requests that it make the decision under
subdivision 8a; or
new text end
new text begin
(iii) the commissioner is recommending preparation of an environmental impact
statement;
new text end
new text begin
(3) the scope and adequacy of environmental impact statements;
new text end
new text begin
(4) issuing, reissuing, modifying, or revoking a permit;
new text end
new text begin
(5) final adoption or amendment of agency rules for which a public hearing is required
under section 14.25 or for which the commissioner decides to proceed directly to a public
hearing under section 14.14, subdivision 1;
new text end
new text begin
(6) approving or denying an application for a variance from an agency rule; and
new text end
new text begin
(7) whether to reopen, rescind, or reverse a decision of the agency.
new text end
new text begin
(b) In reviewing projects, the agency must consider whether there has been free prior
and informed consent via government-to-government consultation with Tribal Nations and
the way a project will impact the ability of communities to exercise rights guaranteed by
treaties.
new text end
new text begin Subd. 7a. new text end
new text begin Additional decisions. new text end
new text begin
The commissioner may request that the agency make
additional decisions or provide advice to the commissioner.
new text end
new text begin Subd. 8a. new text end
new text begin Other actions. new text end
new text begin
(a) Any other action not specifically within the authority of
the commissioner must be made by the agency if:
new text end
new text begin
(1) before the commissioner's final decision on the action, one or more members of the
agency notify the commissioner of their request that the decision be made by the agency;
or
new text end
new text begin
(2) any person submits a petition to the commissioner requesting that the decision be
made by the agency and the commissioner grants the petition.
new text end
new text begin
(b) If the commissioner denies a petition submitted under paragraph (a), clause (2), the
commissioner must advise the agency and the petitioner of the reasons for the denial.
new text end
new text begin Subd. 9a. new text end
new text begin Providing information. new text end
new text begin
(a) The commissioner must inform interested persons
as appropriate in public notices, and other public documents, of their right to request that
the agency make decisions in specific matters according to subdivision 6a and the right of
agency members to request that decisions be made by the agency according to subdivision
8a.
new text end
new text begin
(b) The commissioner must regularly inform the agency of activities that have broad
policy implications or potential environmental significance and of activities in which the
public has exhibited substantial interest.
new text end
new text begin Subd. 11. new text end
new text begin Changing decisions. new text end
new text begin
(a) The agency must not reopen, rescind, or reverse a
decision of the agency except upon:
new text end
new text begin
(1) the affirmative vote of two-thirds of the agency; or
new text end
new text begin
(2) a finding that there was an irregularity in a hearing related to the decision, an error
of law, or a newly discovered material issue of fact.
new text end
new text begin
(b) The requirements in paragraph (a) are minimum requirements and do not limit the
agency's authority under sections 14.06 and 116.07, subdivision 3, to adopt rules:
new text end
new text begin
(1) applying the requirement in paragraph (a), clause (1) or (2), to certain decisions of
the agency; or
new text end
new text begin
(2) establishing additional or more stringent requirements for reopening, rescinding, or
reversing decisions of the agency.
new text end
new text begin Subd. 12. new text end
new text begin Conflict of interest. new text end
new text begin
A public member of the Pollution Control Agency must
not participate in the discussion or decision on a matter in which the member or an immediate
family member has a financial interest.
new text end
Sec. 18.
Minnesota Statutes 2022, section 116.03, subdivision 1, is amended to read:
Subdivision 1.
Office.
(a) The Office of Commissioner of the Pollution Control Agency
is created and is under the supervision and control of the commissioner, who is appointed
by the governor under the provisions of section 15.06.
(b) The commissioner may appoint a deputy commissioner and assistant commissioners
who deleted text begin shall bedeleted text end new text begin arenew text end in the unclassified service.
(c) The commissioner shall make all decisions on behalf of the agencynew text begin that are not
required to be made by the agency under section 116.02new text end .
Sec. 19.
Minnesota Statutes 2022, section 116.03, subdivision 2a, is amended to read:
Subd. 2a.
Mission; efficiency.
It is part of the agency's mission that within the agency's
resourcesnew text begin ,new text end the commissionernew text begin and the members of the agencynew text end shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources
and operate the agency as efficiently as possible;
(3) coordinate the agency's activities wherever appropriate with the activities of other
governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public
participation in the business of government;
(5) deleted text begin utilizedeleted text end new text begin usenew text end constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section 16A.10,
subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the agency.
Sec. 20.
Minnesota Statutes 2022, section 116.06, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
The definitions given in this section shall obtain for the
purposes of sections 116.01 to deleted text begin 116.075deleted text end new text begin 116.076new text end except as otherwise expressly provided or
indicated by the context.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:
new text begin Subd. 6a. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of the Pollution
Control Agency.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:
new text begin Subd. 10a. new text end
new text begin Environmental justice. new text end
new text begin
"Environmental justice" means that:
new text end
new text begin
(1) communities of color, Indigenous communities, and low-income communities have
a healthy environment and are treated fairly when environmental statutes, rules, and policies
are developed, adopted, implemented, and enforced; and
new text end
new text begin
(2) in all decisions that have the potential to affect the environment of an environmental
justice area or the public health of its residents, due consideration is given to the history of
the area's and its residents' cumulative exposure to pollutants and to any current
socioeconomic conditions that increase the physical sensitivity of those residents to additional
exposure to pollutants.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:
new text begin Subd. 10b. new text end
new text begin Environmental justice area. new text end
new text begin
"Environmental justice area" means one or
more census tracts in Minnesota:
new text end
new text begin
(1) in which, based on the most recent data published by the United States Census Bureau:
new text end
new text begin
(i) 40 percent or more of the population is nonwhite;
new text end
new text begin
(ii) 35 percent or more of the households have an income at or below 200 percent of the
federal poverty level; or
new text end
new text begin
(iii) 40 percent or more of the population over the age of five has limited English
proficiency; or
new text end
new text begin
(2) located within Indian Country, as defined in United States Code, title 18, section
1151.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
new text begin
[116.062] AIR TOXICS EMISSIONS REPORTING.
new text end
new text begin
(a) The commissioner must require owners and operators of a facility issued an air quality
permit by the agency, except a facility issued an Option B registration permit under
Minnesota Rules, part 7007.1120, to annually report the facility's air toxics emissions to
the agency, including a facility not required as a condition of its air quality permit to keep
records of air toxics emissions. The commissioner must determine the method to be used
by a facility to directly measure or estimate air toxics emissions. The commissioner must
amend permits and complete rulemaking, and may enter into enforceable agreements with
facility owners and operators, in order to make the reporting requirements under this section
enforceable.
new text end
new text begin
(b) For the purposes of this section, "air toxics" means chemical compounds or compound
classes that are emitted into the air by a permitted facility and that are:
new text end
new text begin
(1) hazardous air pollutants listed under the federal Clean Air Act, United States Code,
title 42, section 7412, as amended;
new text end
new text begin
(2) chemicals reported as released into the atmosphere by a facility located in the state
for the Toxic Release Inventory under the federal Emergency Planning and Community
Right-to-Know Act, United States Code, title 42, section 11023, as amended;
new text end
new text begin
(3) chemicals for which the Department of Health has developed health-based values
or risk assessment advice;
new text end
new text begin
(4) chemicals for which the risk to human health has been assessed by either the federal
Environmental Protection Agency's Integrated Risk Information System or its Provisional
Peer-Reviewed Toxicity Values; or
new text end
new text begin
(5) chemicals reported by facilities in the agency's most recent triennial emissions
inventory.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
new text begin
[116.064] ODOR MANAGEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Objectionable odor" means pollution of the ambient air beyond the property line of
a facility consisting of an odor that, considering its characteristics, intensity, frequency, and
duration:
new text end
new text begin
(1) is, or can reasonably be expected to be, injurious to public health or welfare; or
new text end
new text begin
(2) unreasonably interferes with the enjoyment of life or the use of property of persons
exposed to the odor.
new text end
new text begin
(c) "Odor complaint" means a notification received and recorded by the agency or by a
political subdivision from an identifiable person that describes the nature, duration, and
location of the odor.
new text end
new text begin Subd. 2. new text end
new text begin Prohibition. new text end
new text begin
No person may cause or allow emission into the ambient air of
any substance or combination of substances in quantities that produce an objectionable odor
beyond the property line of the facility that is the source of the odor.
new text end
new text begin Subd. 3. new text end
new text begin Odor complaints; investigation. new text end
new text begin
(a) The agency must conduct a site
investigation of any facility against which six or more verifiable odor complaints have been
submitted to the agency or to local government officials within 48 hours. The investigation
must include:
new text end
new text begin
(1) an interview with the owner or operator of the facility against which the complaint
was made;
new text end
new text begin
(2) a physical examination of the facilities, equipment, operations, conditions, methods,
storage areas for material inputs, chemicals and waste, and any other factors that may
contribute to or are designed to mitigate the emission of odors; and
new text end
new text begin
(3) testing at locations identified in the odor complaints and at other locations beyond
the property line of the facility that is the source of the odor using a precision instrument
capable of measuring odors in ambient air.
new text end
new text begin
(b) The commissioner, based upon the agency's site investigation and the results of odor
testing and considering the nature, intensity, frequency, and duration of the odor and other
relevant factors, shall determine whether the odor emitted from the facility constitutes an
objectionable odor. In making the determination, the commissioner may consider the opinions
of a random sample of persons exposed to samples of the odor taken from ambient air
beyond the property line of the facility that is the source of the odor.
new text end
new text begin
(c) The agency must notify officials in local jurisdictions:
new text end
new text begin
(1) of odor complaints filed with the agency regarding properties within the local
jurisdiction;
new text end
new text begin
(2) of any investigation of an odor complaint conducted by the agency at a facility within
the local jurisdiction and the results of the investigation;
new text end
new text begin
(3) that odor complaints filed with respect to properties located within those jurisdictions
must be forwarded to the agency within three business days of being filed; and
new text end
new text begin
(4) of any additional actions taken by the agency with respect to the complaints.
new text end
new text begin Subd. 4. new text end
new text begin Objectionable odor; management plan. new text end
new text begin
(a) If the commissioner determines
under subdivision 3 that the odor emitted from a facility is an objectionable odor, the
commissioner shall require the owner of the facility to develop and submit to the agency
for review within 90 days an odor management plan designed to mitigate odor emissions.
The agency must provide technical assistance to the property owner in developing a
management plan, including:
new text end
new text begin
(1) identifying odor control technology and equipment that may reduce odor emissions;
and
new text end
new text begin
(2) identifying alternative methods of operation or alternative materials that may reduce
odor emissions.
new text end
new text begin
The commissioner may grant an extension for submission of the odor management plan for
up to an additional 90 days for good cause.
new text end
new text begin
(b) An odor management plan must contain, at a minimum, for each odor source
contributing to odor emissions:
new text end
new text begin
(1) a description of plant operations and materials that generate odors;
new text end
new text begin
(2) proposed changes in equipment, operations, or materials that are designed to mitigate
odor emissions;
new text end
new text begin
(3) the estimated effectiveness of the plan in reducing odor emissions;
new text end
new text begin
(4) the estimated cost of implementing the plan; and
new text end
new text begin
(5) a schedule of plan implementation activities.
new text end
new text begin
(c) The commissioner may accept, reject, or modify an odor management plan submitted
under this subdivision.
new text end
new text begin
(d) If the commissioner, based upon the same factors considered under subdivision 3,
paragraph (b), determines that implementation of the odor management plan has failed to
reduce the facility's odor emissions to a level where they are no longer objectionable odors,
the commissioner shall order the facility owner to revise the odor management plan within
90 days of receipt of the commissioner's order. If the revised odor management plan is not
acceptable to the commissioner or is implemented but fails to reduce the property's odor
emissions to a level where they are no longer objectionable odors, the commissioner may
impose penalties under section 115.071 or may modify or revoke the facility's permit under
section 116.07, subdivision 4a, paragraph (d).
new text end
new text begin Subd. 5. new text end
new text begin Exemptions. new text end
new text begin
This section does not apply to:
new text end
new text begin
(1) on-farm animal and agricultural operations;
new text end
new text begin
(2) motor vehicles and transportation facilities;
new text end
new text begin
(3) municipal wastewater treatment plants;
new text end
new text begin
(4) single-family dwellings not used for commercial purposes;
new text end
new text begin
(5) materials odorized for safety purposes;
new text end
new text begin
(6) painting and coating operations that are not required to be licensed;
new text end
new text begin
(7) restaurants; and
new text end
new text begin
(8) temporary activities and operations.
new text end
new text begin Subd. 6. new text end
new text begin Rulemaking required. new text end
new text begin
(a) The commissioner must adopt rules to implement
this section, and section 14.125 does not apply.
new text end
new text begin
(b) The commissioner must comply with chapter 14 and must complete the statement
of need and reasonableness according to chapter 14 and section 116.07, subdivision 2,
paragraph (f).
new text end
new text begin
(c) The rules must include:
new text end
new text begin
(1) an odor standard or standards for air pollution that may qualify as an objectionable
odor under subdivision 1, paragraph (b), clause (2);
new text end
new text begin
(2) a process for determining if an odor is objectionable;
new text end
new text begin
(3) a process for investigating and addressing odor complaints;
new text end
new text begin
(4) guidance for developing odor-management plans; and
new text end
new text begin
(5) procedures and criteria for determining the success or failure of an odor-management
plan.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
new text begin
[116.065] CUMULATIVE IMPACTS ANALYSIS; PERMIT DECISIONS
IN ENVIRONMENTAL JUSTICE AREAS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
new text end
new text begin
(c) "Compelling public interest" means a factor or condition that is necessary to serve
an essential environmental, health, or safety need of residents of an environmental justice
area and that cannot reasonably be met by alternative available means.
new text end
new text begin
(d) "Cumulative impacts" means the impacts of aggregated levels of past and current
air, water, and land pollution in a defined geographic area to which current residents are
exposed.
new text end
new text begin
(e) "Environmental justice" means:
new text end
new text begin
(1) communities of color, Indigenous communities, and low-income communities have
a healthy environment and are treated fairly when environmental statutes, rules, and policies
are developed, adopted, implemented, and enforced; and
new text end
new text begin
(2) in all decisions that have the potential to affect the environment of an environmental
justice area or the public health of its residents, due consideration is given to the history of
the area's and its residents' cumulative exposure to pollutants and to any current
socioeconomic conditions that could increase harm to those residents from additional
exposure to pollutants.
new text end
new text begin
(f) "Environmental justice area" means one or more census tracts in Minnesota:
new text end
new text begin
(1) in which, based on the most recent data published by the United States Census Bureau:
new text end
new text begin
(i) 40 percent or more of the population is nonwhite;
new text end
new text begin
(ii) 35 percent or more of the households have an income at or below 200 percent of the
federal poverty level; or
new text end
new text begin
(iii) 40 percent or more of the population over the age of five has limited English
proficiency; or
new text end
new text begin
(2) located within Indian Country, as defined in United States Code, title 18, section
1151.
new text end
new text begin
(g) "Environmental stressors" means factors that may make residents of an environmental
justice area susceptible to harm from exposure to pollutants. Environmental stressors include:
new text end
new text begin
(1) environmental effects on health from exposure to past and current pollutants in the
environmental justice area, including any biomonitoring information from residents; and
new text end
new text begin
(2) social and environmental factors, including but not limited to poverty, substandard
housing, food insecurity, elevated rates of disease, and poor access to health insurance and
medical care.
new text end
new text begin Subd. 2. new text end
new text begin Applicability. new text end
new text begin
This section applies to applications for the following types of
new construction permits, permits required for facility expansions, and reissuances of
existing permits for which the commissioner has determined under subdivision 3 that issuance
of the permit as proposed may impact the environment or the health of residents in an
environmental justice area:
new text end
new text begin
(1) a major source air permit, as defined in Minnesota Rules, part 7007.0200; and
new text end
new text begin
(2) a state air permit required under Minnesota Rules, part 7007.0250, subparts 2 to 6.
new text end
new text begin Subd. 3. new text end
new text begin Cumulative impacts analysis; determination of need. new text end
new text begin
(a) The commissioner
is responsible for determining whether a proposed permit action may impact the environment
or health of the residents of an environmental justice area.
new text end
new text begin
(b) A permit application must indicate whether the permit action sought is likely to
impact the environment or the health of residents of an environmental justice area and must
include the data used by the applicant to make the determination.
new text end
new text begin
(c) In making a determination whether a cumulative analysis is required, the commissioner
must:
new text end
new text begin
(1) review the permit application and the applicant's assessment of the need to conduct
a cumulative analysis;
new text end
new text begin
(2) assess whether the proposed permit exceeds any of the benchmarks for conducting
a cumulative impact analysis established in rules adopted under subdivision 6;
new text end
new text begin
(3) review any comments and material evidence submitted by members of the public
regarding the necessity for a cumulative impact analysis; and
new text end
new text begin
(4) review any other information the commissioner deems relevant.
new text end
new text begin
(d) An applicant must conduct a cumulative impacts analysis if:
new text end
new text begin
(1) the potential impacts of the permit issuance exceed any of the benchmarks for
conducting a cumulative impacts analysis established in rules adopted under subdivision 6;
new text end
new text begin
(2) the commissioner determines that issuance of the permit may impact the environment
or health of the residents of an environmental justice area; or
new text end
new text begin
(3) material evidence accompanying a petition signed by at least 50 individuals residing
or owning property in the environmental justice area potentially affected by the permit
issuance demonstrates that issuance of the permit may impact the environment or health of
the residents of the environmental justice area.
new text end
new text begin Subd. 4. new text end
new text begin Public meeting requirements. new text end
new text begin
(a) A permit applicant or permit holder required
to conduct a cumulative impacts analysis under subdivision 2 must hold at least two public
meetings in the environmental justice area impacted by the facility before the commissioner
issues or denies a permit. The first public meeting must be held before conducting a
cumulative impacts analysis, and the second must be held after conducting the analysis.
new text end
new text begin
(b) The permit applicant or permit holder must:
new text end
new text begin
(1) publish notice containing the date, time, and location of the public meetings and a
brief description of the permit or project in a newspaper of general circulation in the
environmental justice area at least 30 days before the meetings;
new text end
new text begin
(2) post physical signage in the environmental justice area impacted, as directed by the
commissioner; and
new text end
new text begin
(3) provide the commissioner with notice of the public meeting and a copy of the
cumulative impacts analysis at least 45 days before the second public meeting.
new text end
new text begin
(c) The commissioner must post the notice and cumulative impacts analysis on the
agency website at least 30 days before the second public meeting.
new text end
new text begin
(d) The permit applicant or permit holder must:
new text end
new text begin
(1) provide an opportunity for robust public and Tribal engagement at the public meetings;
new text end
new text begin
(2) accept written and oral comments, as directed by the commissioner, from any
interested party; and
new text end
new text begin
(3) provide an electronic copy of all written comments and a transcript of all oral
comments to the agency within 30 days of the public meetings.
new text end
new text begin
(e) If the permit applicant or permit holder is applying for more than one permit that
may affect the same environmental justice area, the permit applicant or permit holder may
request that the commissioner require that the facility hold two public meetings that address
all of the permits sought. The commissioner may approve or deny the request.
new text end
new text begin
(f) The commissioner may incorporate conditions in a permit for a facility located in or
affecting an environmental justice area to hold multiple in-person meetings with residents
of the environmental justice area affected by the facility to share information and discuss
community concerns.
new text end
new text begin Subd. 5. new text end
new text begin Environmental justice area; permit decisions. new text end
new text begin
(a) In determining whether to
issue or deny a permit, the commissioner must consider the cumulative impacts analysis
conducted, the testimony presented, and comments submitted in public meetings held under
subdivision 4. The permit may be issued no earlier than 30 days following the last public
meeting.
new text end
new text begin
(b) The commissioner must deny an application for a permit subject to this section for
a facility in an environmental justice area if the cumulative impacts analysis determines that
issuing the permit, in combination with the environmental stressors present in the
environmental justice area, would contribute to adverse cumulative environmental stressors
or adverse cumulative impacts in the environmental justice area, unless:
new text end
new text begin
(1) the commissioner enters into a community benefit agreement with the facility owner
or operator, in consultation with community-based organizations representing the interests
of residents of the environmental justice area; and
new text end
new text begin
(2) there is a compelling public interest to issue the permit, as determined by the
commissioner, based on criteria established in rules adopted under subdivision 6.
new text end
new text begin
(c) If the commissioner determines that a compelling public interest exists and the
applicant enters into a community benefit agreement with the commissioner, the agency
may grant a permit that imposes conditions on the construction and operation of the facility
to protect public health and the environment.
new text end
new text begin
(d) The commissioner must prepare a written document containing the reasons for the
commissioner's decision regarding the need for a cumulative impacts analysis made under
this subdivision and describing how various pieces of evidence were weighed and balanced
to arrive at the decision. The commissioner must provide a copy of the document to the
permit applicant and to any person who submitted material evidence to the commissioner
for consideration in making the decision and must post the document on the agency website.
new text end
new text begin
(e) Issuance of a permit under this section must include a requirement that the facility
provide information to the community describing the health risks that the facility poses.
new text end
new text begin
(f) A community benefit agreement must be signed on or before the date a new or reissued
permit is issued in an environmental justice area.
new text end
new text begin
(g) The commissioner must publish and maintain on the agency website a list of
environmental justice areas in the state.
new text end
new text begin
(h) The agency must maintain an updated database of the identified stressors in specific
census tracts and make this database accessible to the public.
new text end
new text begin Subd. 6. new text end
new text begin Rulemaking. new text end
new text begin
(a) The commissioner must adopt rules under chapter 14 to
implement and govern the cumulative impacts analysis and issuance or denial of permits
for facilities that impact environmental justice areas as provided in this section.
Notwithstanding section 14.125, the agency must publish notice of intent to adopt rules
within 36 months of the effective date of this act, or the authority for the rules expires.
new text end
new text begin
(b) During the rulemaking process, the Pollution Control Agency must engage in robust
public engagement, including public meetings, and Tribal consultation.
new text end
new text begin
(c) Rules adopted under this section must:
new text end
new text begin
(1) establish benchmarks to assist the commissioner's determination regarding the need
for a cumulative impacts analysis;
new text end
new text begin
(2) establish the required content of a cumulative impacts analysis, including sources
of public information that an applicant can access regarding environmental stressors that
are present in an environmental justice area;
new text end
new text begin
(3) define conditions, criteria, or circumstances that qualify as a compelling public
interest, which:
new text end
new text begin
(i) must include, with respect to economic considerations, only those that directly and
substantially benefit residents of the environmental justice area;
new text end
new text begin
(ii) must include noneconomic considerations that directly benefit the residents of the
environmental justice area; and
new text end
new text begin
(iii) must take into account public comments made at public meetings held under
subdivision 4;
new text end
new text begin
(4) establish the content of a community benefit agreement and procedures for entering
into community benefit agreements, which must include:
new text end
new text begin
(i) meaningful consultation with members of the public and community-based
organizations or coalitions representing the interests of residents within the environmental
justice area;
new text end
new text begin
(ii) at least one public meeting held within the environmental justice area; and
new text end
new text begin
(iii) a formal petition showing support from 50 community members that is signed after
a public meeting; and
new text end
new text begin
(5) establish a petition process and form submitted to the agency by environmental
justice area residents to support the need for a cumulative impact analysis, including criteria
defining potential adverse cumulative impacts on the environment or health of the residents.
new text end
new text begin
(d) The agency must provide translation services and translated materials upon request
during rulemaking meetings.
new text end
new text begin
(e) The agency must provide public notice on the agency website at least 30 days before
public meetings held on the rulemaking. The notice must include the date, time, and location
of the meeting. The agency must use multiple communication methods to inform residents
of environmental justice areas in the public meetings held for the rulemaking.
new text end
new text begin Subd. 7. new text end
new text begin Review. new text end
new text begin
Any person aggrieved by a final decision on the need for a cumulative
impacts analysis or the issuance or denial of a permit under this section is entitled to judicial
review of the decision under sections 14.63 to 14.68. A petition for a writ of certiorari by
an aggrieved person for judicial review under sections 14.63 to 14.68 must be filed with
the court of appeals and served on all parties to the contested case not more than 30 days
after the party receives the final decision and order of the agency.
new text end
new text begin Subd. 8. new text end
new text begin Compliance costs. new text end
new text begin
A permit applicant is responsible for the cost of complying
with this section. The reasonable costs of the agency to comply with this section are to be
borne by permit applicants subject to this section, as required under section 116.07,
subdivision 4d, paragraph (b).
new text end
Sec. 27.
Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:
new text begin Subd. 4m. new text end
new text begin Nonexpiring state individual permits; public informational meeting. new text end
new text begin
(a)
For each facility issued a nonexpiring state individual air quality permit by the agency, the
agency must hold a separate public informational meeting at regular intervals to allow the
public to make comments or inquiries regarding any aspect of the permit, including but not
limited to permit conditions, testing results, the facility's operations, and permit compliance.
The public informational meeting must be held at a location near the permitted facility and
convenient to the public. Individuals employed at the facility who are responsible for the
facility meeting the conditions of the permit and agency officials must be present at the
public informational meeting. For nonexpiring state individual air quality permits issued or
reissued after December 31, 2018, a public informational meeting must be held under this
subdivision no later than five years after the permit is issued or reissued and every five years
thereafter. For nonexpiring state individual air quality permits issued on or before December
31, 2018, a public informational meeting must be held under this subdivision no later than
December 31, 2024, and every five years thereafter.
new text end
new text begin
(b) For the purposes of this section, "state individual air quality permit" means an air
quality permit that:
new text end
new text begin
(1) is issued to an individual facility that is required to obtain a permit under Minnesota
Rules, part 7007.0250, subparts 2 to 6; and
new text end
new text begin
(2) is not a general permit issued under Minnesota Rules, part 7007.1100.
new text end
new text begin
(c) As required under subdivision 4d, the agency's direct and indirect reasonable costs
of conducting the activities under this subdivision must be recovered through air quality
permit fees.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 28.
Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:
new text begin Subd. 4n. new text end
new text begin Permit review denial. new text end
new text begin
If the commissioner determines that a person's request
for the agency to review an existing permit is not warranted, the commissioner must state
the reasons for the determination in writing within 15 days of the determination.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 29.
Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:
new text begin Subd. 4o. new text end
new text begin Aboveground storage tanks; fees. new text end
new text begin
(a) The commissioner must collect permit
fees for aboveground storage tank facilities in amounts not greater than necessary to cover
the reasonable costs of developing, reviewing, and acting upon applications for agency
permits and implementing and enforcing the conditions of the permits. The fee schedule
must reflect reasonable and routine direct and indirect costs associated with permitting,
implementation, enforcement, and other activities necessary to operate the aboveground
storage tank program.
new text end
new text begin
(b) Each fiscal year, the commissioner must adjust the fees as necessary to maintain an
annual income that covers the legislative appropriation needed to administer the aboveground
storage tank program according to paragraph (a). The commissioner must adjust fees
according to the criteria established under paragraph (c) and as required under paragraph
(d). Fees established under this subdivision are exempt from section 16A.1285.
new text end
new text begin
(c) The commissioner must adopt rules that specify criteria for establishing:
new text end
new text begin
(1) an annual fee from permitted aboveground storage tank facilities; and
new text end
new text begin
(2) a permit application fee for aboveground storage tank facility permit applications.
new text end
new text begin
(d) The commissioner must annually increase the fees under this subdivision by the
percentage, if any, by which the Consumer Price Index for the most recent calendar year
ending before the beginning of the year the fee is collected exceeds the Consumer Price
Index for calendar year 2022. For purposes of this paragraph, the Consumer Price Index for
any calendar year is the average of the Consumer Price Index for all urban consumers
published by the United States Department of Labor as of the close of the 12-month period
ending on August 31 of each calendar year. The revision of the Consumer Price Index that
is most consistent with the Consumer Price Index for calendar year 2022 must be used.
new text end
new text begin
(e) Fees collected under this subdivision must be deposited in the state treasury and
credited to the environmental fund and must be used for the purposes specified in paragraph
(a).
new text end
new text begin
(f) This paragraph expires when the commissioner adopts the initial rules required under
paragraph (c). Until the commissioner adopts the initial rules under paragraph (c):
new text end
new text begin
(1) the annual fee for major aboveground storage tank facilities is equal to the quotient
of dividing the legislative appropriation under paragraph (b) by the number of major
aboveground storage tank facilities; and
new text end
new text begin
(2) there is no permit application fee for aboveground storage tank facilities.
new text end
Sec. 30.
Minnesota Statutes 2022, section 116.07, subdivision 6, is amended to read:
Subd. 6.
Pollution Control Agency; exercise of powers.
In exercising all its powers
the Pollution Control Agency deleted text begin shall give due consideration todeleted text end new text begin must:
new text end
new text begin (1) considernew text end the establishment, maintenance, operation and expansion of business,
commerce, trade, industry, traffic, and other economic factors and other material matters
affecting the feasibility and practicability of any proposed action, including, but not limited
to, the burden on a municipality of any tax which may result therefrom, and deleted text begin shalldeleted text end new text begin mustnew text end take
or provide for such action as may be reasonable, feasible, and practical under the
circumstancesnew text begin ; and
new text end
new text begin
(2) to the extent reasonable, feasible, and practical under the circumstances:
new text end
new text begin
(i) ensure that actions or programs that have a direct, indirect, or cumulative impact on
environmental justice areas incorporate community-focused practices and procedures in
agency processes, including communication, outreach, engagement, and education to enhance
meaningful, timely, and transparent community access;
new text end
new text begin
(ii) collaborate with other state agencies to identify, develop, and implement means to
eliminate and reverse environmental and health inequities and disparities;
new text end
new text begin
(iii) promote the utility and availability of environmental data and analysis for
environmental justice areas, other agencies, federally recognized Tribal governments, and
the public;
new text end
new text begin
(iv) encourage coordination and collaboration with residents of environmental justice
areas to address environmental and health inequities and disparities; and
new text end
new text begin (v) ensure environmental justice values are represented to the agency from a
commissioner-appointed environmental justice advisory committee that is composed of
diverse members and that is developed and operated in a manner open to the public and in
accordance with the duties described in the bylaws and charter adopted and maintained by
the commissionernew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 31.
Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:
new text begin Subd. 7f. new text end
new text begin Financial assurance. new text end
new text begin
(a) Before the commissioner issues or renews a permit
for a feedlot with a capacity of 1,000 or more animal units, the permit applicant must submit
to the commissioner proof of financial assurance that satisfies the requirements under this
subdivision. Financial assurance must be of an amount sufficient to pay the closure costs
determined under paragraph (c) for the feedlot and manure storage area, with all terms and
conditions of the financial assurance instrument approved by the commissioner. The
commissioner, in evaluating financial assurance, may consult individuals with documented
experience in the analysis. The applicant must pay all costs incurred by the commissioner
to obtain the analysis.
new text end
new text begin
(b) A permittee must maintain sufficient financial assurance for the duration of the permit
and demonstrate to the commissioner's satisfaction that:
new text end
new text begin
(1) money will be available and made payable to the commissioner if the commissioner
determines the permittee is not in full compliance with the closure requirements established
by the commissioner in rule for feedlots and manure storage areas;
new text end
new text begin
(2) the financial assurance instrument is fully valid, binding, and enforceable under state
and federal law;
new text end
new text begin
(3) the financial assurance instrument is not dischargeable through bankruptcy; and
new text end
new text begin
(4) the financial assurance provider will give the commissioner at least 120 days' notice
before canceling the financial assurance instrument.
new text end
new text begin
(c) The permit applicant must submit to the commissioner a documented estimate of
costs required to implement the closure requirements established by the commissioner in
rule for feedlots and manure storage areas. Cost estimates must incorporate current dollar
values at the time of the estimate and any additional costs required by the commissioner to
oversee and hire a third party to implement the closure requirements. The applicant must
not incorporate the estimated salvage or market value of manure, animals, structures,
equipment, land, or other assets. The commissioner must evaluate and may modify the
applicant's cost estimates and may consult individuals with documented experience in feedlot
or manure storage area closure or remediation. The applicant must pay all costs incurred
by the commissioner to obtain the consultation.
new text end
Sec. 32.
Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:
new text begin Subd. 7g. new text end
new text begin Abandoned manure storage areas. new text end
new text begin
At least annually, the commissioner must
compile a list of abandoned manure storage areas in the state. A list compiled under this
subdivision is not a feedlot inventory for purposes of subdivision 7b. For purposes of this
subdivision, "abandoned manure storage areas" means solid and liquid manure storage areas
that have been previously registered with the state as a feedlot with a manure storage area
and have:
new text end
new text begin
(1) permanently ceased operation and are subject to, but not in compliance with, the
closure requirements established by the commissioner in rule for feedlots and manure storage
areas; or
new text end
new text begin
(2) been unused for at least three years.
new text end
Sec. 33.
new text begin
[116.076] ENVIRONMENTAL JUSTICE AREAS; BOUNDARIES; MAPS.
new text end
new text begin
(a) No later than December 1, 2023, the commissioner must determine the boundaries
of all environmental justice areas in Minnesota. The determination of the geographic
boundaries of an environmental justice area may be appealed by filing a petition that contains
evidence to support amending the commissioner's determination. The petition must be
signed by at least 50 residents of census tracts within or adjacent to the environmental justice
area, as determined by the commissioner. The commissioner may, after reviewing the
petition, amend the boundaries of an environmental justice area.
new text end
new text begin
(b) The commissioner must post updated maps of each environmental justice area in the
state on the agency website.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 34.
new text begin
[116.196] GREEN INFRASTRUCTURE GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment of program. new text end
new text begin
The commissioner must establish a green
infrastructure grant program to provide grants for green infrastructure projects.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of the Pollution Control Agency.
new text end
new text begin
(c) "Green infrastructure" has the meaning given in United States Code, title 33, section
1362, as amended through December 31, 2019, and also includes trails, bridges, roads, and
recreational amenities designed to mitigate stormwater impacts.
new text end
new text begin
(d) "Political subdivision" means a county, home rule charter or statutory city, town, or
other political subdivision of the state.
new text end
new text begin
(e) "Project" means a green infrastructure project or stormwater infrastructure project
to be owned and administered by a political subdivision.
new text end
new text begin
(f) "Stormwater infrastructure" means a project that does one or more of the following:
new text end
new text begin
(1) increases stormwater capacity or stormwater storage;
new text end
new text begin
(2) addresses environmental damage caused by weather extremes;
new text end
new text begin
(3) prevents localized flooding;
new text end
new text begin
(4) creates stormwater systems that can manage flows from heavy rains;
new text end
new text begin
(5) addresses public safety concerns caused by undersized stormwater systems; or
new text end
new text begin
(6) ensures continuation of critical services during severe weather.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
A political subdivision is eligible to apply for and receive a grant
under this section.
new text end
new text begin Subd. 4. new text end
new text begin Application. new text end
new text begin
An application by a political subdivision for a grant under this
section must be made at the time and in the form and manner prescribed by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Eligible project. new text end
new text begin
A grant may be used to acquire land or an interest in land,
predesign, design, renovate, construct, furnish, and equip a project.
new text end
new text begin Subd. 6. new text end
new text begin Grants. new text end
new text begin
To be eligible for a grant under this section, a political subdivision
must timely submit an application to the commissioner and pass a resolution in support of
the project. The commissioner may give priority to a political subdivision that provides a
local match of funds for the project.
new text end
Sec. 35.
new text begin
[116.943] PRODUCTS CONTAINING PFAS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.
new text end
new text begin
(c) "Air care product" means a chemically formulated consumer product labeled to
indicate that the purpose of the product is to enhance or condition the indoor environment
by eliminating odors or freshening the air.
new text end
new text begin
(d) "Automotive maintenance product" means a chemically formulated consumer product
labeled to indicate that the purpose of the product is to maintain the appearance of a motor
vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior
or interior surfaces of motor vehicles. Automotive maintenance product does not include
automotive paint or paint repair products.
new text end
new text begin
(e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering.
new text end
new text begin
(f) "Cleaning product" means a finished product used primarily for domestic, commercial,
or institutional cleaning purposes, including but not limited to an air care product, an
automotive maintenance product, a general cleaning product, or a polish or floor maintenance
product.
new text end
new text begin
(g) "Commissioner" means the commissioner of the Pollution Control Agency.
new text end
new text begin
(h) "Cookware" means durable houseware items used to prepare, dispense, or store food,
foodstuffs, or beverages. Cookware includes but is not limited to pots, pans, skillets, grills,
baking sheets, baking molds, trays, bowls, and cooking utensils.
new text end
new text begin
(i) "Cosmetic" means articles, excluding soap:
new text end
new text begin
(1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise
applied to the human body or any part thereof for the purpose of cleansing, beautifying,
promoting attractiveness, or altering the appearance; and
new text end
new text begin
(2) intended for use as a component of any such article.
new text end
new text begin
(j) "Currently unavoidable use" means a use of PFAS that the commissioner has
determined by rule under this section to be essential for health, safety, or the functioning
of society and for which alternatives are not reasonably available.
new text end
new text begin
(k) "Fabric treatment" means a substance applied to fabric to give the fabric one or more
characteristics, including but not limited to stain resistance or water resistance.
new text end
new text begin
(l) "Intentionally added" means PFAS deliberately added during the manufacture of a
product where the continued presence of PFAS is desired in the final product or one of the
product's components to perform a specific function.
new text end
new text begin
(m) "Juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age:
new text end
new text begin
(1) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper;
booster seat; changing pad; child restraint system for use in motor vehicles and aircraft;
co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant
seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing
pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow;
portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable
crib; stroller; and toddler mattress; and
new text end
new text begin
(2) not including a children's electronic product such as a personal computer, audio and
video equipment, calculator, wireless phone, game console, handheld device incorporating
a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit,
or power cord; a medical device; or an adult mattress.
new text end
new text begin
(n) "Manufacturer" means the person that creates or produces a product or whose brand
name is affixed to the product. In the case of a product imported into the United States,
manufacturer includes the importer or first domestic distributor of the product if the person
that manufactured or assembled the product or whose brand name is affixed to the product
does not have a presence in the United States.
new text end
new text begin
(o) "Medical device" has the meaning given "device" under United States Code, title
21, section 321, subsection (h).
new text end
new text begin
(p) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
new text end
new text begin
(q) "Product" means an item manufactured, assembled, packaged, or otherwise prepared
for sale to consumers, including but not limited to its product components, sold or distributed
for personal, residential, commercial, or industrial use, including for use in making other
products.
new text end
new text begin
(r) "Product component" means an identifiable component of a product, regardless of
whether the manufacturer of the product is the manufacturer of the component.
new text end
new text begin
(s) "Ski wax" means a lubricant applied to the bottom of snow runners, including but
not limited to skis and snowboards, to improve their grip or glide properties. Ski wax includes
related tuning products.
new text end
new text begin
(t) "Textile" means an item made in whole or part from a natural or synthetic fiber, yarn,
or fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose,
nylon, and polyester.
new text end
new text begin
(u) "Textile furnishings" means textile goods of a type customarily used in households
and businesses, including but not limited to draperies, floor coverings, furnishings, bedding,
towels, and tablecloths.
new text end
new text begin
(v) "Upholstered furniture" means an article of furniture that is designed to be used for
sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling
material.
new text end
new text begin Subd. 2. new text end
new text begin Information required. new text end
new text begin
(a) On or before January 1, 2026, a manufacturer of a
product sold, offered for sale, or distributed in the state that contains intentionally added
PFAS must submit to the commissioner information that includes:
new text end
new text begin
(1) a brief description of the product, including a universal product code (UPC), stock
keeping unit (SKU), or other numeric code assigned to the product;
new text end
new text begin
(2) the purpose for which PFAS are used in the product, including in any product
components;
new text end
new text begin
(3) the amount of each PFAS, identified by its chemical abstracts service registry number,
in the product, reported as an exact quantity determined using commercially available
analytical methods or as falling within a range approved for reporting purposes by the
commissioner;
new text end
new text begin
(4) the name and address of the manufacturer and the name, address, and phone number
of a contact person for the manufacturer; and
new text end
new text begin
(5) any additional information requested by the commissioner as necessary to implement
the requirements of this section.
new text end
new text begin
(b) With the approval of the commissioner, a manufacturer may supply the information
required in paragraph (a) for a category or type of product rather than for each individual
product.
new text end
new text begin
(c) A manufacturer must submit the information required under this subdivision whenever
a new product is sold, offered for sale, or distributed in the state and update and revise the
information whenever there is significant change in the information or when requested to
do so by the commissioner.
new text end
new text begin
(d) A person may not sell, offer for sale, or distribute for sale in the state a product
containing intentionally added PFAS if the manufacturer has failed to provide the information
required under this subdivision and the person has received notification under subdivision
4.
new text end
new text begin Subd. 3. new text end
new text begin Information requirement waivers; extensions. new text end
new text begin
(a) The commissioner may
waive all or part of the information requirement under subdivision 2 if the commissioner
determines that substantially equivalent information is already publicly available.
new text end
new text begin
(b) The commissioner may enter into an agreement with one or more other states or
political subdivisions of a state to collect information and may accept information to a shared
system as meeting the information requirement under subdivision 2.
new text end
new text begin
(c) The commissioner may extend the deadline for submission by a manufacturer of the
information required under subdivision 2 if the commissioner determines that more time is
needed by the manufacturer to comply with the submission requirement.
new text end
new text begin
(d) The commissioner may grant a waiver under this subdivision to a manufacturer or
a group of manufacturers for multiple products or a product category.
new text end
new text begin Subd. 4. new text end
new text begin Testing required and certificate of compliance. new text end
new text begin
(a) If the commissioner has
reason to believe that a product contains intentionally added PFAS and the product is being
offered for sale in the state, the commissioner may direct the manufacturer of the product
to, within 30 days, provide the commissioner with testing results that demonstrate the amount
of each of the PFAS, identified by its chemical abstracts service registry number, in the
product, reported as an exact quantity determined using commercially available analytical
methods or as falling within a range approved for reporting purposes by the commissioner.
new text end
new text begin
(b) If testing demonstrates that the product does not contain intentionally added PFAS,
the manufacturer must provide the commissioner a certificate attesting that the product does
not contain intentionally added PFAS, including testing results and any other relevant
information.
new text end
new text begin
(c) If testing demonstrates that the product contains intentionally added PFAS, the
manufacturer must provide the commissioner with the testing results and the information
required under subdivision 2.
new text end
new text begin
(d) A manufacturer must notify persons who sell or offer for sale a product prohibited
under subdivision 2 or 5 that the sale of that product is prohibited in this state and provide
the commissioner with a list of the names and addresses of those notified.
new text end
new text begin
(e) The commissioner may notify persons who sell or offer for sale a product prohibited
under subdivision 2 or 5 that the sale of that product is prohibited in this state.
new text end
new text begin Subd. 5. new text end
new text begin Prohibitions. new text end
new text begin
(a) Beginning January 1, 2025, a person may not sell, offer for
sale, or distribute for sale in this state the following products if the product contains
intentionally added PFAS:
new text end
new text begin
(1) carpets or rugs;
new text end
new text begin
(2) cleaning products;
new text end
new text begin
(3) cookware;
new text end
new text begin
(4) cosmetics;
new text end
new text begin
(5) dental floss;
new text end
new text begin
(6) fabric treatments;
new text end
new text begin
(7) juvenile products;
new text end
new text begin
(8) menstruation products;
new text end
new text begin
(9) textile furnishings;
new text end
new text begin
(10) ski wax; or
new text end
new text begin
(11) upholstered furniture.
new text end
new text begin
(b) The commissioner may by rule identify products by category or use that may not be
sold, offered for sale, or distributed for sale in this state if they contain intentionally added
PFAS and designate effective dates. Effective dates must begin no earlier than January 1,
2025, and no later than January 2, 2032. The commissioner must prioritize the prohibition
of the sale of product categories that, in the commissioner's judgment, are most likely to
contaminate or harm the state's environment and natural resources if they contain intentionally
added PFAS. The commissioner may exempt products by rule when the use of PFAS is a
currently unavoidable use as determined by the commissioner.
new text end
new text begin
(c) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale
in this state any product that contains intentionally added PFAS, unless the commissioner
has determined by rule that the use of PFAS in the product is a currently unavoidable use.
The commissioner may specify specific products or product categories for which the
commissioner has determined the use of PFAS is a currently unavoidable use.
new text end
new text begin Subd. 6. new text end
new text begin Fees. new text end
new text begin
The commissioner may establish by rule a fee payable by a manufacturer
to the commissioner upon submission of the information required under subdivision 2 to
cover the agency's reasonable costs to implement this section. Fees collected under this
subdivision must be deposited in an account in the environmental fund.
new text end
new text begin Subd. 7. new text end
new text begin Enforcement. new text end
new text begin
(a) The commissioner may enforce this section under sections
115.071 and 116.072. The commissioner may coordinate with the commissioners of
commerce and health in enforcing this section.
new text end
new text begin
(b) When requested by the commissioner, a person must furnish to the commissioner
any information that the person may have or may reasonably obtain that is relevant to show
compliance with this section.
new text end
new text begin Subd. 8. new text end
new text begin Exemptions. new text end
new text begin
This section does not apply to:
new text end
new text begin
(1) a product for which federal law governs the presence of PFAS in the product in a
manner that preempts state authority;
new text end
new text begin
(2) a product regulated under section 325F.072 or 325F.075; or
new text end
new text begin
(3) the sale or resale of a used product.
new text end
new text begin Subd. 9. new text end
new text begin Rules. new text end
new text begin
The commissioner may adopt rules necessary to implement this section.
Section 14.125 does not apply to the commissioner's rulemaking authority under this section.
new text end
Sec. 36.
Minnesota Statutes 2022, section 116C.03, subdivision 2a, is amended to read:
Subd. 2a.
Public members.
The membership terms, compensation, removal, and filling
of vacancies of public members of the board shall be as provided in section 15.0575new text begin , except
that a public member may be compensated at the rate of up to $125 a daynew text end .
Sec. 37.
Minnesota Statutes 2022, section 325E.046, is amended to read:
325E.046 STANDARDS FOR LABELING deleted text begin PLASTICdeleted text end BAGSnew text begin , FOOD OR
BEVERAGE PRODUCTS, AND PACKAGINGnew text end .
Subdivision 1.
deleted text begin "deleted text end Biodegradabledeleted text begin "deleted text end label.
A manufacturer, distributor, or wholesaler new text begin may
not sell or offer for sale and any other personnew text end may not new text begin knowingly sell or new text end offer for sale in
this state a deleted text begin plastic bagdeleted text end new text begin covered productnew text end labeled "biodegradable," "degradable,"
new text begin "decomposable," new text end or any form of those terms, or in any way imply that the deleted text begin bagdeleted text end new text begin covered
productnew text end will deleted text begin chemically decompose into innocuous elements in a reasonably short period
of time in a landfill, composting, or other terrestrial environment unless a scientifically
based standard for biodegradability is developed and the bags are certified as meeting the
standard.deleted text end new text begin break down, fragment, degrade, biodegrade, or decompose in a landfill or other
environment, unless an ASTM standard specification is adopted for the term claimed and
the product is certified as meeting the specification in compliance with the provisions of
subdivision 2a.
new text end
Subd. 2.
deleted text begin "deleted text end Compostabledeleted text begin "deleted text end label.
new text begin (a) new text end A manufacturer, distributor, or wholesaler new text begin may not
sell or offer for sale and any other personnew text end may not new text begin knowingly sell or new text end offer for sale in this
state a deleted text begin plastic bagdeleted text end new text begin covered productnew text end labeled "compostable" unless, at the time of salenew text begin or offer
for salenew text end , the deleted text begin bagdeleted text end new text begin covered product:
new text end
new text begin (1)new text end meets the ASTM Standard Specification for deleted text begin Compostabledeleted text end new text begin Labeling ofnew text end Plastics
new text begin Designed to be Aerobically Composted in Municipal or Industrial Facilities new text end (D6400)deleted text begin . Each
bag must be labeled to reflect that it meets the standard. For purposes of this subdivision,
"ASTM" has the meaning given in section 296A.01, subdivision 6.deleted text end new text begin or its successor or the
ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and
Polymers as Coatings or Additives with Paper and Other Substrates Designed to be
Aerobically Composted in Municipal or Industrial Facilities (D6868) or its successor, and
the covered product is labeled to reflect that it meets the specification;
new text end
new text begin
(2) is comprised of only wood without any coatings or additives; or
new text end
new text begin
(3) is comprised of only paper without any coatings or additives.
new text end
new text begin
(b) A covered product labeled "compostable" and meeting the criteria under paragraph
(a) must be clearly and prominently labeled on the product, or on the product's smallest unit
of sale, to reflect that it is intended for an industrial or commercial compost facility. The
label required under this paragraph must be in a legible text size and font.
new text end
new text begin Subd. 2a. new text end
new text begin Certification of products. new text end
new text begin
Beginning January 1, 2026, a manufacturer,
distributor, or wholesaler may not sell or offer for sale and any other person may not
knowingly sell or offer for sale in this state a covered product labeled as "biodegradable"
or "compostable" unless the covered product is certified as meeting the requirements of
subdivision 1 or 2, as applicable, by an entity that:
new text end
new text begin
(1) is a nonprofit corporation;
new text end
new text begin
(2) as its primary focus of operation, promotes the production, use, and appropriate end
of life for materials and products that are designed to fully biodegrade in specific biologically
active environments such as industrial composting; and
new text end
new text begin
(3) is technically capable of and willing to perform analysis necessary to determine a
product's compliance with subdivision 1 or 2, as applicable.
new text end
Subd. 3.
Enforcement; civil penalty; injunctive relief.
(a) A deleted text begin manufacturer, distributor,
or wholesalerdeleted text end new text begin personnew text end who violates deleted text begin subdivision 1 or 2deleted text end new text begin this sectionnew text end is subject to a civil new text begin or
administrative new text end penalty of $100 for each prepackaged saleable unit new text begin sold or new text end offered for sale
up to a maximum of $5,000 and may be enjoined from those violations.
(b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of deleted text begin subdivision 1 or 2deleted text end new text begin this sectionnew text end in the manner provided in section 8.31,
subdivision 2b.
new text begin
(c) The commissioner of the Pollution Control Agency may enforce this section under
sections 115.071 and 116.072. The commissioner may coordinate with the commissioners
of commerce and health in enforcing this section.
new text end
new text begin
(d) When requested by the commissioner of the Pollution Control Agency, a person
selling or offering for sale a covered product labeled as "compostable" must furnish to the
commissioner any information that the person may have or may reasonably obtain that is
relevant to show compliance with this section.
new text end
new text begin Subd. 4. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following terms have the meanings
given:
new text end
new text begin
(1) "ASTM" has the meaning given in section 296A.01, subdivision 6;
new text end
new text begin
(2) "covered product" means a bag, food or beverage product, or packaging;
new text end
new text begin
(3) "food or beverage product" means a product that is used to wrap, package, contain,
serve, store, prepare, or consume a food or beverage, such as plates, bowls, cups, lids, trays,
straws, utensils, and hinged or lidded containers; and
new text end
new text begin
(4) "packaging" has the meaning given in section 115A.03, subdivision 22b.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 38.
new text begin
[325E.3892] LEAD AND CADMIUM IN CONSUMER PRODUCTS;
PROHIBITION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, "covered product" means any
of the following products or product components:
new text end
new text begin
(1) jewelry;
new text end
new text begin
(2) toys;
new text end
new text begin
(3) cosmetics and personal care products;
new text end
new text begin
(4) puzzles, board games, card games, and similar games;
new text end
new text begin
(5) play sets and play structures;
new text end
new text begin
(6) outdoor games;
new text end
new text begin
(7) school supplies;
new text end
new text begin
(8) pots and pans;
new text end
new text begin
(9) cups, bowls, and other food containers;
new text end
new text begin
(10) craft supplies and jewelry-making supplies;
new text end
new text begin
(11) chalk, crayons, paints, and other art supplies;
new text end
new text begin
(12) fidget spinners;
new text end
new text begin
(13) costumes, costume accessories, and children's and seasonal party supplies;
new text end
new text begin
(14) keys, key chains, and key rings; and
new text end
new text begin
(15) clothing, footwear, headwear, and accessories.
new text end
new text begin Subd. 2. new text end
new text begin Prohibition. new text end
new text begin
(a) A person must not import, manufacture, sell, hold for sale, or
distribute or offer for use in this state any covered product containing:
new text end
new text begin
(1) lead at more than 0.009 percent by total weight (90 parts per million); or
new text end
new text begin
(2) cadmium at more than 0.0075 percent by total weight (75 parts per million).
new text end
new text begin
(b) This section does not apply to covered products containing lead or cadmium, or both,
when regulation is preempted by federal law.
new text end
new text begin Subd. 3. new text end
new text begin Enforcement. new text end
new text begin
(a) The commissioners of the Pollution Control Agency,
commerce, and health may coordinate to enforce this section. The commissioner of the
Pollution Control Agency or commerce may, with the attorney general, enforce any federal
restrictions on the sale of products containing lead or cadmium, or both, as allowed under
federal law. The commissioner of the Pollution Control Agency may enforce this section
under sections 115.071 and 116.072. The commissioner of commerce may enforce this
section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and 325F.14 to
325F.16. The attorney general may enforce this section under section 8.31.
new text end
new text begin
(b) When requested by the commissioner of the Pollution Control Agency, the
commissioner of commerce, or the attorney general, a person must furnish to the
commissioner or attorney general any information that the person may have or may
reasonably obtain that is relevant to show compliance with this section.
new text end
Sec. 39.
Minnesota Statutes 2022, section 325F.072, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given.
(b) "Class B firefighting foam" means foam designed deleted text begin for flammable liquid firesdeleted text end new text begin to
prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases,
tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gasesnew text end .
(c) "PFAS chemicals" or "perfluoroalkyl and polyfluoroalkyl substances" meansdeleted text begin , for
the purposes of firefighting agents,deleted text end a class of fluorinated organic chemicals containing at
least one fully fluorinated carbon atom deleted text begin and designed to be fully functional in class B
firefighting foam formulationsdeleted text end .
(d) "Political subdivision" means a county, city, town, or a metropolitan airports
commission organized and existing under sections 473.601 to 473.679.
(e) "State agency" means an agency as defined in section 16B.01, subdivision 2.
(f) "Testing" means calibration testing, conformance testing, and fixed system testing.
Sec. 40.
Minnesota Statutes 2022, section 325F.072, subdivision 3, is amended to read:
Subd. 3.
Prohibition deleted text begin of testing and trainingdeleted text end .
(a) deleted text begin Beginning July 1, 2020,deleted text end No person,
political subdivision, or state agency shall deleted text begin discharge class B firefighting foam that contains
intentionally addeddeleted text end new text begin manufacture or knowingly sell, offer for sale, distribute for sale, or
distribute for use in this state, and no person shall use in this state, class B firefighting foam
containingnew text end PFAS chemicalsdeleted text begin :deleted text end new text begin .
new text end
deleted text begin
(1) for testing purposes, unless the testing facility has implemented appropriate
containment, treatment, and disposal measures to prevent releases of foam to the environment;
or
deleted text end
deleted text begin
(2) for training purposes, unless otherwise required by law, and with the condition that
the training event has implemented appropriate containment, treatment, and disposal measures
to prevent releases of foam to the environment. For training purposes, class B foam that
contains intentionally added PFAS chemicals shall not be used.
deleted text end
deleted text begin
(b) This section does not restrict:
deleted text end
deleted text begin
(1) the manufacture, sale, or distribution of class B firefighting foam that contains
intentionally added PFAS chemicals; or
deleted text end
deleted text begin
(2) the discharge or other use of class B firefighting foams that contain intentionally
added PFAS chemicals in emergency firefighting or fire prevention operations.
deleted text end
new text begin
(b) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for which the inclusion of PFAS chemicals is required by federal law,
including but not limited to Code of Federal Regulations, title 14, section 139.317. If a
federal requirement to include PFAS chemicals in class B firefighting foam is revoked after
January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer
exempt under this paragraph effective one year after the day of revocation.
new text end
new text begin
(c) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for purposes of use at an airport, as defined under section 360.013,
subdivision 39, until the state fire marshal makes a determination that:
new text end
new text begin
(1) the Federal Aviation Administration has provided policy guidance on the transition
to fluorine-free firefighting foam;
new text end
new text begin
(2) a fluorine-free firefighting foam product is included in the Federal Aviation
Administration's Qualified Product Database; and
new text end
new text begin
(3) a firefighting foam product included in the database under clause (2) is commercially
available in quantities sufficient to reliably meet the requirements under Code of Federal
Regulations, title 14, part 139.
new text end
new text begin
(d) Until the state fire marshal makes a determination under paragraph (c), the operator
of an airport using class B firefighting foam containing PFAS chemicals must, on or before
December 31 each calendar year, submit a report to the state fire marshal regarding the
status of the airport's conversion to class B firefighting foam products without intentionally
added PFAS, the disposal of class B firefighting foam products with intentionally added
PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 41.
Minnesota Statutes 2022, section 325F.072, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Discharge for testing and training. new text end
new text begin
A person, political subdivision, or state
agency exempted from the prohibitions under subdivision 3 may not discharge class B
firefighting foam that contains intentionally added PFAS chemicals for:
new text end
new text begin
(1) testing purposes, unless the testing facility has implemented appropriate containment,
treatment, and disposal measures to prevent releases of foam to the environment; or
new text end
new text begin
(2) training purposes, unless otherwise required by law, and with the condition that the
training event has implemented appropriate containment, treatment, and disposal measures
to prevent releases of foam to the environment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 42. new text begin TREATED SEED WASTE DISPOSAL RULEMAKING.
new text end
new text begin
The commissioner of the Pollution Control Agency, in consultation with the commissioner
of agriculture and the University of Minnesota, must adopt rules under Minnesota Statutes,
chapter 14, providing for the safe and lawful disposal of waste treated seed. The rules must
clearly identify the regulatory jurisdiction of state agencies and local governments with
regard to such seed. Additional Department of Agriculture staff will not be hired until
rulemaking is completed.
new text end
Sec. 43. new text begin AIR TOXICS EMISSIONS; RULEMAKING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section:
new text end
new text begin
(1) "agency" means the Minnesota Pollution Control Agency;
new text end
new text begin
(2) "air toxics" has the meaning given in Minnesota Statutes, section 116.062;
new text end
new text begin
(3) "commissioner" means the commissioner of the Minnesota Pollution Control Agency;
new text end
new text begin
(4) "continuous emission monitoring system" has the meaning given in Minnesota Rules,
part 7017.1002, subpart 4;
new text end
new text begin
(5) "environmental justice area" means one or more census tracts in Minnesota:
new text end
new text begin
(i) in which, based on the most recent data published by the United States Census Bureau:
new text end
new text begin
(A) 40 percent or more of the population is nonwhite;
new text end
new text begin
(B) 35 percent or more of the households have an income at or below 200 percent of the
federal poverty level; or
new text end
new text begin
(C) 40 percent or more of the population over the age of five has limited English
proficiency; or
new text end
new text begin
(ii) located within Indian Country, as defined in United States Code, title 18, section
1151;
new text end
new text begin
(6) "performance test" has the meaning given in Minnesota Rules, part 7017.2005,
subpart 4; and
new text end
new text begin
(7) "volatile organic compound" has the meaning given in Minnesota Rules, part
7005.0100, subpart 45.
new text end
new text begin Subd. 2. new text end
new text begin Rulemaking required. new text end
new text begin
The commissioner shall adopt rules under Minnesota
Statutes, chapter 14, to implement and govern regulation of facilities that emit air toxics.
Notwithstanding Minnesota Statutes, section 14.125, the agency must publish notice of
intent to adopt rules within 36 months of the effective date of this act, or the authority for
the rules expires.
new text end
new text begin Subd. 3. new text end
new text begin Content of rules. new text end
new text begin
(a) The rules required under subdivision 2 must address, at
a minimum:
new text end
new text begin
(1) specific air toxics to be regulated, including, at a minimum, those defined in
subdivision 1;
new text end
new text begin
(2) types of facilities to be regulated, including, at a minimum, facilities that have been
issued an air quality permit by the commissioner, other than an Option B registration permit
under Minnesota Rules, part 7007.1120, and that:
new text end
new text begin
(i) emit air toxics, whether the emissions are limited in a permit or not; or
new text end
new text begin
(ii) purchase or use material containing volatile organic compounds;
new text end
new text begin
(3) performance tests conducted by facilities to measure the volume of air toxics emissions
and testing methods, procedures, protocols, and frequency;
new text end
new text begin
(4) required monitoring of air emissions, including using continuous emission monitoring
systems for certain facilities, and monitoring of production inputs or other production
parameters;
new text end
new text begin
(5) requirements for reporting information to the agency to assist the agency in
determining the amount of the facility's air toxics emissions and the facility's compliance
with emission limits in the facility's permit;
new text end
new text begin
(6) record keeping related to air toxics emissions; and
new text end
new text begin
(7) frequency of facility inspections and inspection activities that provide information
about air toxics emissions.
new text end
new text begin
(b) In developing the rules, the commissioner must establish testing, monitoring,
reporting, record-keeping, and inspection requirements for facilities that reflect:
new text end
new text begin
(1) the different risks to human health and the environment posed by the specific air
toxics and amounts emitted by a facility, such that facilities posing greater risks are required
to provide more frequent evidence of permit compliance, including but not limited to
performance tests, agency inspections, and reporting;
new text end
new text begin
(2) the facility's record of compliance with air toxics emission limits and other permit
conditions; and
new text end
new text begin
(3) any exposure of residents of an environmental justice area to the facility's air toxics
emissions.
new text end
new text begin Subd. 4. new text end
new text begin Modifying permits. new text end
new text begin
Within three years after adopting the rules required in
subdivision 2, the commissioner must amend existing air quality permits, including but not
limited to federal permits, individual state total facility permits, and capped emission permits,
as necessary to conform with the rules.
new text end
new text begin Subd. 5. new text end
new text begin Rulemaking cost. new text end
new text begin
The commissioner must collect the agency's costs to develop
the rulemaking required under this section and to conduct regulatory activities, including
but not limited to monitoring, inspection, and data collection and maintenance, required as
a result of the rulemaking through the annual fee paid by owners or operators of facilities
required to obtain air quality permits from the agency, as required under Minnesota Statutes,
section 116.07, subdivision 4d, paragraph (b).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 44. new text begin POSITION ESTABLISHED; POLLUTION CONTROL AGENCY.
new text end
new text begin
The commissioner of the Pollution Control Agency must establish a new full-time
equivalent position of community liaison, funded through air quality permit fees, as specified
in Minnesota Statutes, section 116.07, subdivision 4d, to conduct the administrative tasks
necessary to successfully implement the nonexpiring permit public meeting requirements
under Minnesota Statutes, section 116.07, subdivision 4m, and other regulatory activities
requiring interaction between the agency and residents in communities exposed to air
pollutants emitted by facilities permitted by the agency.
new text end
Sec. 45. new text begin COMMUNITY AIR-MONITORING SYSTEMS; PILOT GRANT
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the terms in this subdivision
have the meanings given.
new text end
new text begin
(b) "Agency" means the Minnesota Pollution Control Agency.
new text end
new text begin
(c) "Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
new text end
new text begin
(d) "Community air-monitoring system" means a system of devices monitoring ambient
air quality at many locations within a small geographic area that is subject to air pollution
from a variety of stationary and mobile sources in order to obtain frequent measurements
of pollution levels, to detect differences in exposure to pollution over distances no larger
than a city block, and to identify areas where pollution levels are inordinately elevated.
new text end
new text begin
(e) "Environmental justice area" means one or more census tracts in Minnesota:
new text end
new text begin
(1) in which, based on the most recent data published by the United States Census Bureau:
new text end
new text begin
(i) 40 percent or more of the population is nonwhite;
new text end
new text begin
(ii) 35 percent or more of the households have an income at or below 200 percent of the
federal poverty level; or
new text end
new text begin
(iii) 40 percent or more of the population over the age of five has limited English
proficiency; or
new text end
new text begin
(2) located within Indian Country, as defined in United State Code, title 18, section 1151.
new text end
new text begin
(f) "Nonprofit organization" means an organization that is exempt from taxation under
section 501(c)(3) of the Internal Revenue Code.
new text end
new text begin Subd. 2. new text end
new text begin Establishing program. new text end
new text begin
A pilot grant program for community air-monitoring
systems is established in the agency to measure air pollution levels at many locations within
an environmental justice area in Minneapolis.
new text end
new text begin Subd. 3. new text end
new text begin Eligible applicants. new text end
new text begin
Grants under this section may be awarded to applicants
consisting of a partnership between a nonprofit organization located in or working with
residents located in an environmental justice area in which the community air-monitoring
system is to be deployed and an entity that has experience deploying, operating, and
interpreting data from air-monitoring systems.
new text end
new text begin Subd. 4. new text end
new text begin Eligible projects. new text end
new text begin
Grants may be awarded under this section to applicants
whose proposals:
new text end
new text begin
(1) use a variety of air-monitoring technologies approved for use by the commissioner,
including but not limited to stationary monitors, sensor-based handheld devices, and mobile
devices that can be attached to vehicles or drones to measure air pollution levels;
new text end
new text begin
(2) obtain data at fixed locations and from handheld monitoring devices that are carried
by residents of the community on designated walking routes in the targeted community and
that can provide high-frequency measurements;
new text end
new text begin
(3) use the monitoring data to generate maps of pollution levels throughout the monitored
area; and
new text end
new text begin
(4) provide monitoring data to the agency to help inform:
new text end
new text begin
(i) agency decisions, including placement of the agency's stationary air monitors and
the development of programs to reduce air emissions that impact environmental justice
areas; and
new text end
new text begin
(ii) decisions by other governmental bodies regarding transportation or land use planning.
new text end
new text begin Subd. 5. new text end
new text begin Eligible expenditures. new text end
new text begin
Grants may be used only for:
new text end
new text begin
(1) planning the configuration and deployment of the community air-monitoring system;
new text end
new text begin
(2) purchasing and installing air-monitoring devices as part of the community
air-monitoring system;
new text end
new text begin
(3) training and paying persons to operate stationary, handheld, and mobile devices to
measure air pollution;
new text end
new text begin
(4) developing data and mapping systems to analyze, organize, and present the
air-monitoring data collected; and
new text end
new text begin
(5) writing a final report on the project, as required under subdivision 9.
new text end
new text begin Subd. 6. new text end
new text begin Application and grant award process. new text end
new text begin
An eligible applicant must submit an
application to the commissioner on a form prescribed by the commissioner. The
commissioner must develop administrative procedures governing the application and grant
award process. The commissioner must act as fiscal agent for the grant program and is
responsible for receiving and reviewing grant applications and awarding grants under this
section.
new text end
new text begin Subd. 7. new text end
new text begin Grant awards; priorities. new text end
new text begin
In awarding grants under this section, the
commissioner must give priority to proposed projects that:
new text end
new text begin
(1) take place in areas with high rates of illness associated with exposure to air pollution,
including asthma, chronic obstructive pulmonary disease, heart disease, chronic bronchitis,
and cancer;
new text end
new text begin
(2) promote public access to and transparency of air-monitoring data developed through
the project; and
new text end
new text begin
(3) conduct outreach activities to promote community awareness of and engagement
with the project.
new text end
new text begin Subd. 8. new text end
new text begin Report to agency. new text end
new text begin
No later than 90 days after a project ends, a grantee must
submit a written report to the commissioner describing the project's findings and results
and any recommendations for agency actions, programs, or activities to reduce levels of air
pollution measured by the community air-monitoring system. The grantee must also submit
to the commissioner all air-monitoring data developed by the project.
new text end
new text begin Subd. 9. new text end
new text begin Report to legislature. new text end
new text begin
No later than March 15, 2025, the commissioner must
submit a report to the chairs and ranking minority members of the legislative committees
with primary jurisdiction over environment policy and finance on the results of the grant
program, including:
new text end
new text begin
(1) any changes in the agency's air-monitoring network that will occur as a result of data
developed under the program;
new text end
new text begin
(2) any actions the agency has taken or proposes to take to reduce levels of pollution
that impact the environmental justice areas that received grants under the program; and
new text end
new text begin
(3) any recommendations for legislation, including whether the program should be
extended or expanded.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 46. new text begin PETROLEUM TANK RELEASE CLEANUP; REPORT.
new text end
new text begin
The commissioner of the Pollution Control Agency must perform the duties under clauses
(1) to (5) with respect to the petroleum tank release cleanup program governed by Minnesota
Statutes, chapter 115C, and must, no later than January 15, 2025, report the results to the
chairs and ranking minority members of the senate and house of representatives committees
with primary jurisdiction over environment policy and finance. The report must include any
recommendations for legislation. The commissioner must:
new text end
new text begin
(1) explicitly define the conditions that must be present in order for the commissioner
to classify a site as posing a low potential risk to public health and the environment and
ensure that all agency staff use the definition in assessing potential risks. In determining
the conditions that indicate that a site poses a low risk, the commissioner must consider
relevant site conditions, including but not limited to the nature of groundwater flow, soil
type, and proximity of features at or near the site that could potentially become contaminated;
new text end
new text begin
(2) develop guidelines to incorporate consideration of potential future uses of a
contaminated property into all agency staff decisions regarding site remediation;
new text end
new text begin
(3) develop scientifically based and measurable technical standards that allow the quality
of the agency's performance in remediating petroleum-contaminated properties to be
evaluated and conduct such evaluations periodically;
new text end
new text begin
(4) in collaboration with the Petroleum Tank Release Compensation Board and the
commissioner of commerce, examine whether and how to establish technical qualifications
for consultants hired to remediate petroleum-contaminated properties as a strategy to improve
the quality of remediation work and how agencies can share information on consultant
performance; and
new text end
new text begin
(5) in collaboration with the commissioner of commerce, make consultants who remediate
petroleum-contaminated sites more accountable for the quality of their work by:
new text end
new text begin
(i) requiring a thorough evaluation of the past performance of a contractor being
considered for hire;
new text end
new text begin
(ii) developing a formal system of measures and procedures by which to evaluate the
work; and
new text end
new text begin
(iii) sharing evaluations with the commissioner of commerce and with responsible parties.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 47. new text begin POLLUTION CONTROL AGENCY PUBLIC MEMBERS; INITIAL
APPOINTMENTS AND TERMS.
new text end
new text begin
The governor must appoint public members of the Pollution Control Agency under
Minnesota Statutes, section 116.02, by August 1, 2023. The governor must designate two
of the members first appointed to serve a term of one year, two members to serve a term of
two years, two members to serve a term of three years, and two members to serve a term
of four years.
new text end
Sec. 48. new text begin FEEDLOT FINANCIAL ASSURANCE REQUIREMENTS COMPLIANCE
SCHEDULE.
new text end
new text begin
The commissioner of the Pollution Control Agency may phase in the new financial
assurance requirements under Minnesota Statutes, section 116.07, subdivision 7f, during
the next reissuance of the national pollutant discharge elimination system general permit
for concentrated animal feeding operations, MNG440000. The commissioner must establish
a schedule for permittees to come into compliance with the requirements. The schedule
must require 250 permittees per year to comply, beginning with the operations with the
largest number of animal units.
new text end
Sec. 49. new text begin MANURE STORAGE AREA REPORTS REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Reports. new text end
new text begin
(a) No later than December 15, 2023, the commissioner of the
Pollution Control Agency must develop a list based on registration data for each county of
potentially abandoned manure storage areas.
new text end
new text begin
(b) No later than January 15, 2025, each delegated county must report to the commissioner
of the Pollution Control Agency a list of abandoned manure storage areas located in the
county. The report must be submitted by the county feedlot officer.
new text end
new text begin
(c) No later than January 15, 2025, the Pollution Control Agency regional feedlot staff
must compile a list of abandoned manure storage areas located in counties under their
regulatory jurisdiction that do not have delegation agreements with the agency.
new text end
new text begin
(d) No later than February 15, 2025, the commissioner of the Pollution Control Agency
must submit a compilation report and list of abandoned manure storage areas to the legislative
committees with jurisdiction over agriculture and environment. The report must include
recommendations for remediation. The commissioner must seek advice from the Minnesota
Association of County Feedlot Officers and livestock associations for recommendations,
including existing and any proposed options for remediation.
new text end
new text begin
(e) For purposes of this section, "abandoned manure storage areas" has the meaning
given in Minnesota Statutes, section 116.07, subdivision 7g.
new text end
new text begin
(f) Reports and lists required under this section are not feedlot inventories for purposes
of Minnesota Statutes, section 116.07, subdivision 7b.
new text end
new text begin Subd. 2. new text end
new text begin Delegated counties. new text end
new text begin
(a) Except as provided in paragraph (b), during the 2023
and 2024 delegation years, the commissioner of the Pollution Control Agency must not
penalize a delegated county for a performance issue or shortcoming attributable to the
county's reassignment of county feedlot officer resources necessary to comply with the
additional requirements imposed upon the county under subdivision 1.
new text end
new text begin
(b) The commissioner may penalize a county during the 2023 or 2024 delegation year
for a performance issue or shortcoming attributable to the county's reassignment of county
feedlot officer resources only if the specific penalty is approved by a majority of the board
of the Minnesota Association of County Feedlot Officers.
new text end
Sec. 50. new text begin PFAS MANUFACTURERS FEE WORK GROUP.
new text end
new text begin
The commissioner of the Pollution Control Agency, in cooperation with the
commissioners of revenue and management and budget, must establish a work group to
review options for collecting a fee from manufacturers of PFAS in the state. By February
15, 2024, the commissioner must submit a report to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over environment and natural
resources with recommendations.
new text end
Sec. 51. new text begin TEMPORARY EXEMPTION FOR TERMINALS AND OIL REFINERIES.
new text end
new text begin Subdivision 1. new text end
new text begin Temporary exemption. new text end
new text begin
Minnesota Statutes, section 325F.072, subdivision
3, does not apply to the manufacture, sale, distribution, or use of class B firefighting foam
for the purposes of use at a terminal or oil refinery until January 1, 2026.
new text end
new text begin Subd. 2. new text end
new text begin Extension; waiver. new text end
new text begin
(a) A person who operates a terminal or oil refinery may
apply to the state fire marshal for a waiver to extend the exemption under subdivision 1
beyond January 1, 2026, as provided in this subdivision.
new text end
new text begin
(b) The state fire marshal may grant a waiver to extend the exemption under subdivision
1 for a specific use if the applicant provides all of the following:
new text end
new text begin
(1) clear and convincing evidence that there is no commercially available replacement
that does not contain intentionally added PFAS chemicals and that is capable of suppressing
fire for that specific use;
new text end
new text begin
(2) information on the amount of firefighting foam containing intentionally added PFAS
chemicals stored, used, or released on-site on an annual basis;
new text end
new text begin
(3) a detailed plan, with timelines, for the operator of the terminal or oil refinery to
transition to firefighting foam that does not contain intentionally added PFAS chemicals
for that specific use; and
new text end
new text begin
(4) a plan for meeting the requirements under subdivision 3.
new text end
new text begin
(c) The state fire marshal must ensure there is an opportunity for public comment during
the waiver process. The state fire marshal must consider both information provided by the
applicant and information provided through public comment when making a decision on
whether to grant a waiver. The term of a waiver must not exceed two years. The state fire
marshal must not grant a waiver for a specific use if any other terminal or oil refinery is
known to have transitioned to commercially available class B firefighting foam that does
not contain intentionally added PFAS chemicals for that specific use. All waivers must
expire by January 1, 2028. A person that anticipates applying for a waiver for a terminal or
oil refinery must submit a notice of intent to the state fire marshal by January 1, 2025, in
order to be considered for a waiver beyond January 1, 2026. The state fire marshal must
notify the waiver applicant of a decision within six months of the waiver submission date.
new text end
new text begin
(d) The state fire marshal must provide an applicant for a waiver under this subdivision
an opportunity to:
new text end
new text begin
(1) correct deficiencies when applying for a waiver; and
new text end
new text begin
(2) provide evidence to dispute a determination that another terminal or oil refinery is
known to have transitioned to commercially available class B firefighting foam that does
not contain intentionally added PFAS chemicals for that specific use, including evidence
that the specific use is different.
new text end
new text begin Subd. 3. new text end
new text begin Use requirements. new text end
new text begin
(a) A person that uses class B firefighting foam containing
intentionally added PFAS chemicals under this section must:
new text end
new text begin
(1) implement tactics that have been demonstrated to prevent release directly to the
environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains;
new text end
new text begin
(2) attempt to fully contain all firefighting foams with PFAS on-site using demonstrated
practices designed to contain all PFAS releases;
new text end
new text begin
(3) implement containment measures such as bunds and ponds that are controlled, are
impervious to PFAS chemicals, and do not allow fire water, wastewater, runoff, and other
wastes to be released to the environment, such as to soils, groundwater, waterways, or
stormwater; and
new text end
new text begin
(4) dispose of all fire water, wastewater, runoff, impacted soils, and other wastes in a
way that prevents releases to the environment.
new text end
new text begin
(b) A terminal or oil refinery that has received a waiver under this section may provide
and use class B firefighting foam containing intentionally added PFAS chemicals in the
form of mutual aid to another terminal or oil refinery at the request of authorities only if
the other terminal or oil refinery also has a waiver.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 52. new text begin FIREFIGHTER TURNOUT GEAR; REPORT.
new text end
new text begin
(a) The commissioner of the Pollution Control Agency, in cooperation with the
commissioner of health, must submit a report to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over environment and natural
resources regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) in turnout gear
by January 15, 2024. The report must include:
new text end
new text begin
(1) current turnout gear requirements and options for eliminating or reducing PFAS in
turnout gear;
new text end
new text begin
(2) current turnout gear disposal methods and recommendations for future disposal to
prevent PFAS contamination; and
new text end
new text begin
(3) recommendations and protocols for PFAS biomonitoring in firefighters, including
a process for allowing firefighters to voluntarily register for biomonitoring.
new text end
new text begin
(b) For the purposes of this section, "turnout gear" is the personal protective equipment
(PPE) used by firefighters.
new text end
Sec. 53. new text begin PFAS WATER QUALITY STANDARDS.
new text end
new text begin
(a) The commissioner of the Pollution Control Agency must adopt rules establishing
water quality standards for:
new text end
new text begin
(1) perfluorooctanoic acid (PFOA);
new text end
new text begin
(2) perfluorooctane sulfonic acid (PFOS);
new text end
new text begin
(3) perfluorononanoic acid (PFNA);
new text end
new text begin
(4) hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX
chemicals);
new text end
new text begin
(5) perfluorohexane sulfonic acid (PFHxS); and
new text end
new text begin
(6) perfluorobutane sulfonic acid (PFBS).
new text end
new text begin
(b) The commissioner must adopt the rules establishing the water quality standards
required under this section by July 1, 2026, and Minnesota Statutes, section 14.125, does
not apply.
new text end
Sec. 54. new text begin HEALTH RISK LIMIT; PERFLUOROOCTANE SULFONATE.
new text end
new text begin
By July 1, 2025, the commissioner of health must amend the health risk limit for
perfluorooctane sulfonate (PFOS) in Minnesota Rules, part 4717.7860, subpart 15, so that
the health risk limit does not exceed 0.015 parts per billion. In amending the health risk
limit for PFOS, the commissioner must comply with Minnesota Statutes, section 144.0751,
requiring a reasonable margin of safety to adequately protect the health of infants, children,
and adults.
new text end
Sec. 55. new text begin PATH TO ZERO WASTE; REPORT.
new text end
new text begin
(a) By July 15, 2025, the commissioner of the Pollution Control Agency must conduct
a study and prepare a report that includes a pathway to achieve zero waste and submit the
report to the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over environmental policy and finance and energy policy.
new text end
new text begin
(b) The commissioner must seek outside technical support from certified zero-waste
experts to conduct the study and prepare the report. The report must abide by the
internationally peer-reviewed definition of zero waste and the zero-waste hierarchy as
codified by the Zero Waste International Alliance, and include:
new text end
new text begin
(1) an overview of how municipal solid waste is currently managed;
new text end
new text begin
(2) a summary of infrastructure, programs, and resources needed to reach zero waste
over a 2021 baseline by 2045 or sooner;
new text end
new text begin
(3) an analysis that outlines the impact of different strategies to achieve zero waste;
new text end
new text begin
(4) strategic policy initiatives that will be required to manage waste at the top of the
zero-waste hierarchy, as the state strives to achieve zero waste;
new text end
new text begin
(5) a discussion of the feasibility, assumptions, and projected time frame for achieving
zero waste if proposed policies are implemented and necessary investments are made,
including the projected need for land disposal capacity based on the estimated growth in
waste generation and the practicable ability of existing technologies to reduce waste to avoid
disposal;
new text end
new text begin
(6) recommendations for reducing the environmental and human health impacts of waste
disposal during the transition to zero waste, especially across environmental justice areas;
new text end
new text begin
(7) a life cycle analysis comparing incineration and landfilling ash, direct use of
landfilling, and zero-waste implementation. This analysis must include, at a minimum, the
impacts of greenhouse gas emissions; toxic chemical pollutants, including cancer and
noncancer effects; particulate matter emissions; and smog formation from emissions of
nitrogen oxides and volatile organic compounds and their impacts on asthma and respiratory
health. The analysis must present the results so that the global warming and other health
and environmental impacts can be evaluated side-by-side using the same units, such as a
monetized social and environmental harm indicator. A separate environmental justice
analysis must be conducted, analyzing the demographics around any existing and proposed
waste disposal facilities. Using the best available data, the report must evaluate the costs of
each option and the impacts on local job support; and
new text end
new text begin
(8) the role of nonburn alternatives in the destruction of problem materials such as
invasive species, pharmaceuticals, and perfluoroalkyl and polyfluoroalkyl substances.
new text end
new text begin
(c) The commissioner must obtain input from counties and cities inside and outside the
seven-county metropolitan area, recycling and composting facilities, waste haulers,
environmental organizations, Tribal representatives, and other interested parties in preparing
the report. The development of the report must include stakeholder input from diverse
communities located in environmental justice areas that contain a waste facility. The
commissioner must provide for an open public comment period of at least 60 days on the
draft report. Written public comments and any commissioner responses must be included
in the final report.
new text end
Sec. 56. new text begin REPORT REQUIRED; RECYCLING AND REUSING SOLAR
PHOTOVOLTAIC MODULES AND INSTALLATION COMPONENTS.
new text end
new text begin
(a) The commissioner of the Pollution Control Agency, in consultation with the
commissioners of commerce and employment and economic development, must coordinate
preparation of a report on developing a statewide system to reuse and recycle solar
photovoltaic modules and installation components in the state.
new text end
new text begin
(b) The report must include options for a system to collect, reuse, and recycle solar
photovoltaic modules and installation components at end of life. Any system option included
in the report must be convenient and accessible throughout the state, recover 100 percent
of discarded components, and maximize value and materials recovery. Any system option
developed must include analysis of:
new text end
new text begin
(1) the reuse and recycling values of solar photovoltaic modules, installation components,
and recovered materials;
new text end
new text begin
(2) system infrastructure and technology needs;
new text end
new text begin
(3) how to maximize in-state employment and economic development;
new text end
new text begin
(4) net costs for the program; and
new text end
new text begin
(5) potential benefits and negative impacts of the plan on environmental justice and
Tribal communities.
new text end
new text begin
(c) The report must include a survey of solar photovoltaic modules and installation
components that are currently coming out of service and those projected to come out of
service in the future in Minnesota. The report must include a description of how solar
photovoltaic modules and installation components are currently being managed at end of
life and how they would likely be managed in the future without the proposed reuse and
recycling system.
new text end
new text begin
(d) After completing the report, the commissioner must convene a working group to
advise on developing policy recommendations for a statewide system to manage solar
photovoltaic modules and installation components. The working group must include, but
is not limited to:
new text end
new text begin
(1) the commissioners of commerce and employment and economic development or
their designees;
new text end
new text begin
(2) representatives of the solar industry and electric utilities;
new text end
new text begin
(3) representatives of state, local, and Tribal governments; and
new text end
new text begin
(4) other relevant stakeholders.
new text end
new text begin
(e) By January 15, 2025, the commissioner must submit the report and the policy
recommendations developed under this section to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over environment and natural
resources policy and finance and energy policy and finance.
new text end
Sec. 57. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must change the term "master plan" or similar term to "plan"
wherever the term appears in Minnesota Statutes, sections 473.803 to 473.8441. The revisor
may make grammatical changes related to the term change.
new text end
Sec. 58. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 115.44, subdivision 9; 116.011; 325E.389; and
325E.3891,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
NATURAL RESOURCES
Section 1.
Minnesota Statutes 2022, section 16A.152, subdivision 2, is amended to read:
Subd. 2.
Additional revenues; priority.
(a) If on the basis of a forecast of general fund
revenues and expenditures, the commissioner of management and budget determines that
there will be a positive unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of management and budget must allocate money to the following
accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until that account reaches
$350,000,000;
(2) the budget reserve account established in subdivision 1a until that account reaches
$2,377,399,000;
(3) the amount necessary to increase the aid payment schedule for school district aids
and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest
tenth of a percent without exceeding the amount available and with any remaining funds
deposited in the budget reserve;
(4) the amount necessary to restore all or a portion of the net aid reductions under section
127A.441 and to reduce the property tax revenue recognition shift under section 123B.75,
subdivision 5, by the same amount;
(5) the amount necessary to increase the Minnesota 21st century fund by not more than
the difference between $5,000,000 and the sum of the amounts credited and canceled to it
in the previous 12 months under Laws 2020, chapter 71, article 1, section 11, until the sum
of all transfers under this section and all amounts credited or canceled under Laws 2020,
chapter 71, article 1, section 11, equals $20,000,000; deleted text begin and
deleted text end
new text begin
(6) the amount necessary to compensate the permanent school fund for lands in the
Lowland Conifer Carbon Reserve as required under section 88.85, subdivision 9; and
new text end
deleted text begin (6)deleted text end new text begin (7)new text end for a forecast in November only, the amount remaining after the transfer under
clause (5) must be used to reduce the percentage of accelerated June liability sales tax
payments required under section 289A.20, subdivision 4, paragraph (b), until the percentage
equals zero, rounded to the nearest tenth of a percent. By March 15 following the November
forecast, the commissioner must provide the commissioner of revenue with the percentage
of accelerated June liability owed based on the reduction required by this clause. By April
15 each year, the commissioner of revenue must certify the percentage of June liability
owed by vendors based on the reduction required by this clause.
(b) The amounts necessary to meet the requirements of this section are appropriated
from the general fund within two weeks after the forecast is released or, in the case of
transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations
schedules otherwise established in statute.
(c) The commissioner of management and budget shall certify the total dollar amount
of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education.
The commissioner of education shall increase the aid payment percentage and reduce the
property tax shift percentage by these amounts and apply those reductions to the current
fiscal year and thereafter.
Sec. 2.
Minnesota Statutes 2022, section 84.02, is amended by adding a subdivision to
read:
new text begin Subd. 6c. new text end
new text begin Restored prairie. new text end
new text begin
"Restored prairie" means a restoration that uses at least 25
representative and biologically diverse native prairie plant species and that occurs on land
that was previously cropped or used as pasture.
new text end
Sec. 3.
Minnesota Statutes 2022, section 84.0274, subdivision 6, is amended to read:
Subd. 6.
State's responsibilities.
When the state proposes to purchase land for natural
resources purposes, the commissioner of natural resources and, where applicable, the
commissioner of administration shall have the following responsibilities:
(1) the responsibility to deal fairly and openly with the landowner in the purchase of
property;
(2) the responsibility to refrain from discussing price with the landowner before an
appraisal has been made. In addition, the same person shall not both appraise and negotiate
for purchase of a tract of land. This paragraph does not apply to the state when discussing
with a landowner the trout stream easement payment determined under section 84.0272,
subdivision 2, the native prairie bank easement payment determined under section 84.96,
subdivision 5, or the Camp Ripley's Army compatible use buffer easement payment
determined under section 84.0277, subdivision 2;
(3) the responsibility to use private fee appraisers to lower the state's acquisition costs
to the greatest extent practicable; and
(4) the responsibility to acquire land in as expeditious a manner as possible. No option
shall be made for a period of greater than two months if no survey is required or for nine
months if a survey is required, unless the landowner, in writing, expressly requests a longer
period of time. deleted text begin Provided that, if county board approval of the transaction is required pursuant
to section 97A.145, no time limits shall apply.deleted text end If the state elects not to purchase property
upon which it has an option, it shall pay the landowner $500 after the expiration of the
option period. If the state elects to purchase the property, unless the landowner elects
otherwise, payment to the landowner shall be made no later than 90 days following the
state's election to purchase the property provided that the title is marketable and the owner
acts expeditiously to complete the transaction.
Sec. 4.
Minnesota Statutes 2022, section 84.0276, is amended to read:
84.0276 LAND TRANSFERS BY A FEDERAL AGENCY.
Before the commissioner of natural resources accepts agricultural land or a farm
homestead transferred in fee by a federal agency, the commissioner must consult with the
Board of Water and Soil Resources for a determination of marginal land, tillable farmland,
and farm homestead. deleted text begin The commissioner must comply with the acquisition procedure under
section 97A.145, subdivision 2, if the agricultural land or farm homestead was in an
agricultural preserve as provided in section 40A.10.
deleted text end
Sec. 5.
Minnesota Statutes 2022, section 84.415, subdivision 3, is amended to read:
Subd. 3.
Application, form.
The application for license or permit deleted text begin shall be in
quadruplicate, and shalldeleted text end new text begin mustnew text end include deleted text begin with each copydeleted text end a legal description of the lands or
waters affected, a metes and bounds description of the required right-of-way, a map showing
said features, and a detailed design of any structures necessary, or in lieu thereof shall be
in such other form, and include such other descriptions, maps or designs, as the commissioner
may require. The commissioner may at any time order such changes or modifications
respecting construction or maintenance of structures or other conditions of the license or
permit as the commissioner deems necessary to protect the public health and safety.
Sec. 6.
Minnesota Statutes 2022, section 84.415, subdivision 6, is amended to read:
Subd. 6.
Supplemental application fee and monitoring fee.
(a) In addition to the
application fee and utility crossing fees specified in Minnesota Rules, the commissioner of
natural resources shall assess the applicant for a utility license the following fees:
(1) deleted text begin adeleted text end new text begin to cover reasonable costs for reviewing an application and preparing a license,
new text end supplemental application deleted text begin fee ofdeleted text end new text begin fees as follows:
new text end
new text begin (i) new text end $1,750 for a public water crossing license and deleted text begin a supplemental application fee ofdeleted text end
$3,000 for a public lands crossing licensedeleted text begin , to cover reasonable costs for reviewing the
application and preparing the licensedeleted text end new text begin for electric power lines, cables, or conduits of 100
kilovolts or more and for main pipelines for gas, liquids, or solids in suspension;
new text end
new text begin
(ii) $1,000 for a public water crossing license and $1,000 for a public lands crossing
license for applications to which item (i) does not apply; and
new text end
new text begin (iii) for all applications, an additional $500 for each water crossing or land crossing in
excess of two crossingsnew text end ; and
(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the utility line and preparing special terms and conditions of the license to
ensure proper construction. The commissioner must give the applicant an estimate of the
monitoring fee before the applicant submits the fee.
(b) The applicant shall pay fees under this subdivision to the commissioner of natural
resources. The commissioner shall not issue the license until the applicant has paid all fees
in full.
(c) Upon completion of construction of the improvement for which the license or permit
was issued, the commissioner shall refund the unobligated balance from the monitoring fee
revenue. The commissioner shall not return the application fees, even if the application is
withdrawn or denied.
deleted text begin
(d) If the fees collected under paragraph (a), clause (1), are not sufficient to cover the
costs of reviewing the applications and preparing the licenses, the commissioner shall
improve efficiencies and otherwise reduce department costs and activities to ensure the
revenues raised under paragraph (a), clause (1), are sufficient, and that no other funds are
necessary to carry out the requirements.
deleted text end
new text begin
(d) For purposes of this subdivision:
new text end
new text begin
(1) "water crossing" means each location where the proposed utility will cross a public
water between banks or shores; and
new text end
new text begin
(2) "land crossing" means each quarter-quarter section or government lot where the
proposed utility will cross public land.
new text end
Sec. 7.
Minnesota Statutes 2022, section 84.415, subdivision 7, is amended to read:
Subd. 7.
Application fee exemption.
(a) A utility license for crossing public lands or
public waters is exempt from all application fees specified deleted text begin in this section anddeleted text end in rules adopted
under this section.
(b) This subdivision does not apply to electric power lines, cables, or conduits 100
kilovolts or greater or to main pipelines for gas, liquids, or solids in suspension.
Sec. 8.
Minnesota Statutes 2022, section 84.415, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Fees for renewing license. new text end
new text begin
At the end of the license period, if both parties wish
to renew a license, the commissioner must assess the applicant for all fees in this section
as if the renewal is an application for a new license.
new text end
Sec. 9.
Minnesota Statutes 2022, section 84.788, subdivision 5, is amended to read:
Subd. 5.
Report of ownership transfers; fee.
(a) Application for transfer of ownership
of an off-highway motorcycle registered under this section must be made to the commissioner
within 15 days of the date of transfer.
(b) An application for transfer must be executed by the deleted text begin registereddeleted text end new text begin currentnew text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.
(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision.
Sec. 10.
Minnesota Statutes 2022, section 84.82, subdivision 2, is amended to read:
Subd. 2.
Application, issuance, issuing fee.
(a) Application for registration or
reregistration shall be made to the commissioner or an authorized deputy registrar of motor
vehicles in a format prescribed by the commissioner and shall state the legal name and
address of every owner of the snowmobile.
(b) A person who purchases a snowmobile from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
21-day registration permit to each purchaser who applies to the dealer for registration. The
temporary permit must contain the dealer's identification number and phone number. Each
retail dealer shall submit completed registration and fees to the deputy registrar at least once
a week. No fee may be charged by a dealer to a purchaser for providing the temporary
permit.
(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
or a commissioner or deputy registrar temporary 21-day permit.new text begin The registration number
must be printed on a registration decal issued by the commissioner or a deputy registrar.new text end
Once issued, the registration deleted text begin numberdeleted text end new text begin decalnew text end must be affixed to the snowmobile in a clearly
visible and permanent manner for enforcement purposes deleted text begin as the commissioner of natural
resources shall prescribedeleted text end new text begin according to subdivision 3bnew text end . A dealer subject to paragraph (b)
shall provide the registration materials or temporary permit to the purchaser within the
temporary 21-day permit period. The registration is not valid unless signed by at least one
owner.
(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33 shall also
be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the accounting and procedural
requirements necessary to ensure efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting and procedural requirements.
(e) In addition to other fees prescribed by law, an issuing fee of $4.50 is charged for
each snowmobile registration renewal, duplicate or replacement registration card, and
replacement decal, and an issuing fee of $7 is charged for each snowmobile registration and
registration transfer issued by:
(1) a registrar or a deputy registrar and must be deposited in the manner provided in
section 168.33, subdivision 2; or
(2) the commissioner and must be deposited in the state treasury and credited to the
snowmobile trails and enforcement account in the natural resources fund.
Sec. 11.
Minnesota Statutes 2022, section 84.82, is amended by adding a subdivision to
read:
new text begin Subd. 3b. new text end
new text begin Display of registration decal. new text end
new text begin
(a) A person must not operate or transport a
snowmobile in the state or allow another to operate the person's snowmobile in the state
unless the snowmobile has its unexpired registration decal affixed to each side of the
snowmobile and the decals are legible.
new text end
new text begin
(b) The registration decal must be affixed:
new text end
new text begin
(1) for snowmobiles made after June 30, 1972, in the areas provided by the manufacturer
under section 84.821, subdivision 2; and
new text end
new text begin
(2) for all other snowmobiles, on each side of the cowling on the upper half of the
snowmobile.
new text end
new text begin
(c) When any previously affixed registration decal is destroyed or lost, a duplicate must
be affixed in the same manner as provided in paragraph (b).
new text end
Sec. 12.
Minnesota Statutes 2022, section 84.821, subdivision 2, is amended to read:
Subd. 2.
Area for registration number.
All snowmobiles made after June 30, 1972,
and sold in Minnesota, shall be designed and made to provide an area on which to affix the
registration deleted text begin numberdeleted text end new text begin decalnew text end . deleted text begin This area shall be at a location and of dimensions prescribed by
rule of the commissioner.deleted text end new text begin A clear area must be provided on each side of the cowling with
a minimum size of 3-1/2 square inches and at least 12 inches from the ground when the
machine is resting on a hard surface.
new text end
Sec. 13.
Minnesota Statutes 2022, section 84.84, is amended to read:
84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.
(a) Within 15 days after the transfer of ownership, or any part thereof, other than a
security interest, or the destruction or abandonment of any snowmobile, written notice of
the transfer or destruction or abandonment shall be given to the commissioner in such form
as the commissioner shall prescribe.
(b) An application for transfer must be executed by the deleted text begin registereddeleted text end new text begin currentnew text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.
(c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision. Every owner or
part owner of a snowmobile shall, upon failure to give notice of destruction or abandonment,
be subject to the penalties imposed by section 84.88.
Sec. 14.
Minnesota Statutes 2022, section 84.86, subdivision 1, is amended to read:
Subdivision 1.
Required rulesnew text begin , fees, and reportsnew text end .
new text begin (a) new text end With a view of achieving maximum
use of snowmobiles consistent with protection of the environment the commissioner of
natural resources shall adopt rules in the manner provided by chapter 14, for the following
purposes:
(1) registration of snowmobiles deleted text begin and display of registration numbers.deleted text end new text begin ;
new text end
(2) use of snowmobiles insofar as game and fish resources are affecteddeleted text begin .deleted text end new text begin ;
new text end
(3) use of snowmobiles on public lands and waters, or on grant-in-aid trailsdeleted text begin .deleted text end new text begin ;
new text end
(4) uniform signs to be used by the state, counties, and cities, which are necessary or
desirable to control, direct, or regulate the operation and use of snowmobilesdeleted text begin .deleted text end new text begin ;
new text end
(5) specifications relating to snowmobile mufflersdeleted text begin .deleted text end new text begin ; and
new text end
(6) a comprehensive snowmobile information and safety education and training programdeleted text begin ,
includingdeleted text end new text begin that includesnew text end butnew text begin isnew text end not limited to deleted text begin the preparation and dissemination ofdeleted text end new text begin preparing
and disseminatingnew text end snowmobile information and safety advice to the public, deleted text begin thedeleted text end training deleted text begin ofdeleted text end
snowmobile operators, and deleted text begin the issuance ofdeleted text end new text begin issuingnew text end snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile safety education and
training course.
new text begin (b)new text end For the purpose of administering deleted text begin suchdeleted text end new text begin thenew text end programnew text begin under paragraph (a), clause (6),new text end
and to defray expenses of training and certifying snowmobile operators, the commissioner
shall collect a fee from each person who receives the youth or adult training. The
commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a
manner that neither significantly overrecovers nor underrecovers costs, including overhead
costs, involved in providing the services. The fees are not subject to the rulemaking provisions
of chapter 14, and section 14.386 does not apply. The fees may be established by the
commissioner notwithstanding section 16A.1283. The fees, except for the issuing fee for
licensing agents under this subdivision, shall be deposited in the snowmobile trails and
enforcement account in the natural resources fund and the amount thereof, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for deleted text begin the
administration of suchdeleted text end new text begin administering thenew text end programs. In addition to the fee established by the
commissioner, instructors may charge each person any fee paid by the instructor for the
person's online training course and up to the established fee amount for class materials and
expenses. The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the program
established under deleted text begin thisdeleted text end new text begin paragraph (a),new text end clausenew text begin (6)new text end . School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that leads to the certification of
snowmobile operators.
deleted text begin (7)deleted text end new text begin (c)new text end The operator of any snowmobile involved in an accident resulting in injury
requiring medical attention or hospitalization to or death of any person or total damage to
an extent of $500 or more, shall forward a written report of the accident to the commissioner
on deleted text begin suchdeleted text end new text begin anew text end form deleted text begin asdeleted text end new text begin prescribed bynew text end the commissioner deleted text begin shall prescribedeleted text end . If the operator is killed
or is unable to file a report due to incapacitation, any peace officer investigating the accident
shall file the accident report within ten business days.
Sec. 15.
Minnesota Statutes 2022, section 84.87, subdivision 1, is amended to read:
Subdivision 1.
Operation on streets and highways.
(a) No person shall operate a
snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county
state-aid, or county highway in this state and, in the case of a divided trunk or county
highway, on the right-of-way between the opposing lanes of traffic, except as provided in
sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of-way of
any trunk, county state-aid, or county highway between the hours of one-half hour after
sunset to one-half hour before sunrise, except on the right-hand side of such right-of-way
and in the same direction as the highway traffic on the nearest lane of the roadway adjacent
thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate
highway or freeway within this state.
(b) Notwithstanding any provision of paragraph (a) to the contrary:
(1) under conditions prescribed by the commissioner of transportation, the commissioner
of transportation may allow two-way operation of snowmobiles on either side of the trunk
highway right-of-way where the commissioner of transportation determines that two-way
operation will not endanger users of the trunk highway or riders of the snowmobiles using
the trail;
(2) under conditions prescribed by a local road authority as defined in section 160.02,
subdivision 25, the road authority may allow two-way operation of snowmobiles on either
side of the right-of-way of a street or highway under the road authority's jurisdiction, where
the road authority determines that two-way operation will not endanger users of the street
or highway or riders of the snowmobiles using the trail;
(3) the commissioner of transportation under clause (1) and the local road authority
under clause (2) shall notify the commissioner of natural resources and the local law
enforcement agencies responsible for the streets or highways of the locations of two-way
snowmobile trails authorized under this paragraph; and
(4) two-way snowmobile trails authorized under this paragraph shall be posted for
two-way operation at the authorized locations.
(c) A snowmobile may make a direct crossing of a street or highway at any hour of the
day provided:
(1) the crossing is made at an angle of approximately 90 degrees to the direction of the
highway and at a place where no obstruction prevents a quick and safe crossing;
(2) the snowmobile is brought to a complete stop before crossing the shoulder or main
traveled way of the highway;
(3) the driver yields the right-of-way to all oncoming traffic which constitutes an
immediate hazard;
(4) in crossing a divided highway, the crossing is made only at an intersection of such
highway with another public street or highwaynew text begin or at a safe location approved by the road
authoritynew text end ;
(5) if the crossing is made between the hours of one-half hour after sunset to one-half
hour before sunrise or in conditions of reduced visibility, only if both front and rear lights
are on; and
(6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the
main traveled lanes of an interstate highway, when required for the purpose of avoiding
obstructions to travel when no other method of avoidance is possible; provided the
snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made
within 100 feet of the bridge and the crossing is made without undue delay.
(d) No snowmobile shall be operated upon a public street or highway unless it is equipped
with at least one headlamp, one tail lamp, each of minimum candlepower as prescribed by
rules of the commissioner, reflector material of a minimum area of 16 square inches mounted
on each side forward of the handle bars, and with brakes each of which shall conform to
standards prescribed by rule of the commissioner pursuant to the authority vested in the
commissioner by section 84.86, and each of which shall be subject to approval of the
commissioner of public safety.
(e) A snowmobile may be operated upon a public street or highway other than as provided
by paragraph (c) in an emergency during the period of time when and at locations where
snow upon the roadway renders travel by automobile impractical.
(f) All provisions of chapters 169 and 169A shall apply to the operation of snowmobiles
upon streets and highways, except for those relating to required equipment, and except those
which by their nature have no application. Section 169.09 applies to the operation of
snowmobiles anywhere in the state or on the ice of any boundary water of the state.
(g) Any sled, trailer, or other device being towed by a snowmobile must be equipped
with reflective materials as required by rule of the commissioner.
Sec. 16.
Minnesota Statutes 2022, section 84.90, subdivision 7, is amended to read:
Subd. 7.
Penalty.
new text begin (a) new text end A person violating the provisions of this section is guilty of a
misdemeanor.
new text begin
(b) Notwithstanding section 609.101, subdivision 4, clause (2), the minimum fine for a
person who operates an off-highway motorcycle, off-road vehicle, all-terrain vehicle, or
snowmobile in violation of this section must not be less than the amount set forth in section
84.775.
new text end
Sec. 17.
new text begin
[84.9735] INSECTICIDES ON STATE LANDS.
new text end
new text begin
A person may not use a pesticide containing an insecticide in a wildlife management
area, state park, state forest, aquatic management area, or scientific and natural area if the
insecticide is from the neonicotinoid class of insecticides or contains chlorpyrifos.
new text end
Sec. 18.
Minnesota Statutes 2022, section 84.992, subdivision 2, is amended to read:
Subd. 2.
Program.
The commissioner of natural resources shall developnew text begin and implementnew text end
a program for the Minnesota Naturalist Corps that supports state parksnew text begin and trailsnew text end in providing
interpretation of the natural and cultural features of state parksnew text begin and trailsnew text end in order to enhance
visitors' awareness, understanding, and appreciation of those features and encourages the
wise and sustainable use of the environment.
Sec. 19.
Minnesota Statutes 2022, section 84.992, subdivision 5, is amended to read:
Subd. 5.
Eligibility.
A person is eligible to enroll in the Minnesota Naturalist Corps if
the persondeleted text begin :
deleted text end
deleted text begin
(1) is a permanent resident of the state;
deleted text end
deleted text begin (2)deleted text end is a participant in an approved college internship program deleted text begin in a field related to natural
resources, cultural history, interpretation, or conservation; and
deleted text end
deleted text begin (3) has completed at least one year of postsecondary educationdeleted text end .
Sec. 20.
Minnesota Statutes 2022, section 84D.02, subdivision 3, is amended to read:
Subd. 3.
Management plan.
new text begin By December 31, 2023, and every five years thereafter,
new text end the commissioner shall prepare deleted text begin and maintaindeleted text end a long-term plan, which may include specific
plans for individual species and actions, for the statewide management of invasive species
of aquatic plants and wild animals. The plan must address:
(1) coordinated detection and prevention of accidental introductions;
(2) coordinated dissemination of information about invasive species of aquatic plants
and wild animals among resource management agencies and organizations;
(3) a coordinated public education and awareness campaign;
(4) coordinated control of selected invasive species of aquatic plants and wild animals
on lands and public waters;
(5) participation by lake associations, local citizen groups, and local units of government
in the development and implementation of local management efforts;
(6) a reasonable and workable inspection requirement for watercraft and equipment
including those participating in organized events on the waters of the state;
(7) the closing of points of access to infested waters, if the commissioner determines it
is necessary, for a total of not more than seven days during the open water season for control
or eradication purposes;
(8) maintaining public accesses on infested waters to be reasonably free of aquatic
macrophytes; deleted text begin and
deleted text end
(9) notice to travelers of the penalties for violation of laws relating to invasive species
of aquatic plants and wild animalsnew text begin ; and
new text end
new text begin (10) the impacts of climate change on invasive species managementnew text end .
Sec. 21.
Minnesota Statutes 2022, section 84D.10, subdivision 3, is amended to read:
Subd. 3.
Removal and confinement.
(a) A conservation officer or other licensed peace
officer may order:
(1) the removal of aquatic macrophytes or prohibited invasive species from water-related
equipment, including decontamination using hot water or high pressure equipment deleted text begin when
available on sitedeleted text end , before the water-related equipment is transported or before it is placed
into waters of the state;
(2) confinement of the water-related equipment at a mooring, dock, or other location
until the water-related equipment is removed from the water;
(3) removal of water-related equipment from waters of the state to remove prohibited
invasive species if the water has not been listed by the commissioner as being infested with
that species;
(4) a prohibition on placing water-related equipment into waters of the state when the
water-related equipment has aquatic macrophytes or prohibited invasive species attached
in violation of subdivision 1 or when water has not been drained or the drain plug has not
been removed in violation of subdivision 4; and
(5) decontamination of water-related equipment deleted text begin when available on sitedeleted text end .
(b) An order for removal of prohibited invasive species under paragraph (a), clause (1),
or decontamination of water-related equipment under paragraph (a), clause (5), may include
tagging the water-related equipment and issuing a notice that specifies a time frame for
completing the removal or decontamination and reinspection of the water-related equipment.
(c) An inspector who is not a licensed peace officer may issue orders under paragraph
(a), clauses (1), (3), (4), and (5).
Sec. 22.
Minnesota Statutes 2022, section 84D.15, subdivision 2, is amended to read:
Subd. 2.
Receipts.
Money received from surcharges on watercraft licenses under section
86B.415, subdivision 7, civil penalties under section 84D.13, and service provider permits
under section 84D.108, must be deposited in the invasive species account. Each year, the
commissioner of management and budget must transfer from the game and fish fund to the
invasive species account, the annual surcharge collected on nonresident fishing licenses
under section 97A.475, subdivision 7, paragraph (b). deleted text begin Each fiscal year, the commissioner of
management and budget shall transfer $375,000 from the water recreation account under
section 86B.706 to the invasive species account.
deleted text end
Sec. 23.
Minnesota Statutes 2022, section 85.015, subdivision 10, is amended to read:
Subd. 10.
Luce Line Trail, Hennepin, McLeod, and Meeker Counties.
(a) The trail
shall originate at Gleason Lake in Plymouth Village, Hennepin County, deleted text begin and shalldeleted text end follow
the route of the Chicago Northwestern Railroadnew text begin , and include a connection to Greenleaf Lake
State Recreation Areanew text end .
(b) The trail shall be developed for multiuse wherever feasible. The department shall
cooperate in maintaining its integrity for modes of use consistent with local ordinances.
(c) In establishing, developing, maintaining, and operating the trail, the commissioner
shall cooperate with local units of government and private individuals and groups. Before
acquiring any parcel of land for the trail, the commissioner of natural resources shall develop
a management program for the parcel and conduct a public hearing on the proposed
management program in the vicinity of the parcel to be acquired. The management program
of the commissioner shall include but not be limited to the following:
(1) fencing deleted text begin ofdeleted text end portions of the trail where necessary to protect adjoining landowners; and
(2) deleted text begin the maintenance ofdeleted text end new text begin maintainingnew text end the trail in a deleted text begin litter freedeleted text end new text begin litter-freenew text end condition to the
extent practicable.
(d) The commissioner shall not acquire any of the right-of-way of the Chicago
Northwestern Railway Company until the abandonment of the line described in this
subdivision has been approved by the Surface Transportation Board or the former Interstate
Commerce Commission. Compensation, in addition to the value of the land, shall include
improvements made by the railroad, including but not limited to, bridges, trestles, public
road crossings, or any portion thereof, it being the desire of the railroad that such
improvements be included in the conveyance. The fair market value of the land and
improvements shall be recommended by two independent appraisers mutually agreed upon
by the parties. The fair market value thus recommended shall be reviewed by a review
appraiser agreed to by the parties, and the fair market value thus determined, and supported
by appraisals, may be the purchase price. The commissioner may exchange lands with
landowners abutting the right-of-way described in this section to eliminate diagonally shaped
separate fields.
Sec. 24.
Minnesota Statutes 2022, section 85.052, subdivision 6, is amended to read:
Subd. 6.
State park reservation system.
(a) The commissioner may, by written order,
develop reasonable reservation policies for deleted text begin campsites and otherdeleted text end new text begin using camping,new text end lodgingnew text begin ,
and day-use facilities and for tours, educational programs, seminars, events, and rentalsnew text end .
The policies are exempt from the rulemaking provisions under chapter 14, and section
14.386 does not apply.
(b) The revenue collected from the state park reservation fee established under subdivision
5, including interest earned, deleted text begin shalldeleted text end new text begin mustnew text end be deposited in the state park account in the natural
resources fund and is annually appropriated to the commissioner for the cost of operating
the state park reservation and point-of-sale system.
Sec. 25.
Minnesota Statutes 2022, section 85.055, subdivision 1, is amended to read:
Subdivision 1.
Fees.
(a) The fee for state park permits for:
(1) an annual use of state parks is deleted text begin $35deleted text end new text begin $45new text end ;
(2) a second or subsequent vehicle state park permit is deleted text begin $26deleted text end new text begin $35new text end ;
(3) a state park permit valid for one day is deleted text begin $7deleted text end new text begin $10new text end ;
(4) a daily vehicle state park permit for groups is deleted text begin $5deleted text end new text begin $8new text end ;
(5) an annual permit for motorcycles is deleted text begin $30deleted text end new text begin $40new text end ;
(6) an employee's state park permit is without charge; and
(7) a state park permit for persons with disabilities under section 85.053, subdivision 7,
paragraph (a), clauses (1) to (3), is deleted text begin $12deleted text end new text begin $20new text end .
(b) The fees specified in this subdivision include any sales tax required by state law.
Sec. 26.
Minnesota Statutes 2022, section 86B.005, is amended by adding a subdivision
to read:
new text begin Subd. 11a. new text end
new text begin Other commercial operation. new text end
new text begin
"Other commercial operation" means use of
a watercraft for work, rather than recreation, to transport equipment, goods, and materials
on public waters.
new text end
Sec. 27.
new text begin
[86B.30] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
The definitions in this section apply to sections 86B.30
to 86B.341.
new text end
new text begin Subd. 2. new text end
new text begin Accompanying operator. new text end
new text begin
"Accompanying operator" means a person 21 years
of age or older who:
new text end
new text begin
(1) is in a personal watercraft or other type of motorboat;
new text end
new text begin
(2) is within immediate reach of the controls of the motor; and
new text end
new text begin
(3) possesses a valid operator's permit or is an exempt operator.
new text end
new text begin Subd. 3. new text end
new text begin Adult operator. new text end
new text begin
"Adult operator" means a motorboat operator, including a
personal watercraft operator, who is 12 years of age or older and who was:
new text end
new text begin
(1) effective July 1, 2025, born on or after July 1, 2004;
new text end
new text begin
(2) effective July 1, 2026, born on or after July 1, 2000;
new text end
new text begin
(3) effective July 1, 2027, born on or after July 1, 1996; and
new text end
new text begin
(4) effective July 1, 2028, born on or after July 1, 1987.
new text end
new text begin Subd. 4. new text end
new text begin Exempt operator. new text end
new text begin
"Exempt operator" means a motorboat operator, including
a personal watercraft operator, who is 12 years of age or older and who:
new text end
new text begin
(1) possesses a valid license to operate a motorboat issued for maritime personnel by
the United States Coast Guard under Code of Federal Regulations, title 46, part 10, or a
marine certificate issued by the Canadian government;
new text end
new text begin
(2) is not a resident of the state, is temporarily using the waters of the state for a period
not to exceed 60 days, and:
new text end
new text begin
(i) meets any applicable requirements of the state or country of residency; or
new text end
new text begin
(ii) possesses a Canadian pleasure craft operator's card;
new text end
new text begin
(3) is operating a motorboat under a dealer's license according to section 86B.405; or
new text end
new text begin
(4) is operating a motorboat during an emergency.
new text end
new text begin Subd. 5. new text end
new text begin Motorboat rental business. new text end
new text begin
"Motorboat rental business" means a person
engaged in the business of renting or leasing motorboats, including personal watercraft, for
a period not exceeding 30 days. Motorboat rental business includes a person's agents and
employees but does not include a resort business.
new text end
new text begin Subd. 6. new text end
new text begin Resort business. new text end
new text begin
"Resort business" means a person engaged in the business of
providing lodging and recreational services to transient guests and classified as a resort
under section 273.13, subdivision 22 or 25. A resort business includes a person's agents and
employees.
new text end
new text begin Subd. 7. new text end
new text begin Young operator. new text end
new text begin
"Young operator" means a motorboat operator, including a
personal watercraft operator, younger than 12 years of age.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 28.
new text begin
[86B.302] WATERCRAFT OPERATOR'S PERMIT.
new text end
new text begin Subdivision 1. new text end
new text begin Generally. new text end
new text begin
The commissioner must issue a watercraft operator's permit
to a person 12 years of age or older who successfully completes a water safety course and
written test according to section 86B.304, paragraph (a), or who provides proof of completing
a program subject to a reciprocity agreement or certified by the commissioner as substantially
similar.
new text end
new text begin Subd. 2. new text end
new text begin Issuing permit to certain young operators. new text end
new text begin
The commissioner may issue a
permit under this section to a person who is at least 11 years of age, but the permit is not
valid until the person becomes an adult operator.
new text end
new text begin Subd. 3. new text end
new text begin Personal possession required. new text end
new text begin
(a) A person who is required to have a watercraft
operator's permit must have in personal possession:
new text end
new text begin
(1) a valid watercraft operator's permit;
new text end
new text begin
(2) a driver's license that has a valid watercraft operator's permit indicator issued under
section 171.07, subdivision 20; or
new text end
new text begin
(3) an identification card that has a valid watercraft operator's permit indicator issued
under section 171.07, subdivision 20.
new text end
new text begin
(b) A person who is required to have a watercraft operator's permit must display one of
the documents described in paragraph (a) to a conservation officer or peace officer upon
request.
new text end
new text begin Subd. 4. new text end
new text begin Using electronic device to display proof of permit. new text end
new text begin
If a person uses an
electronic device to display a document described in subdivision 3 to a conservation officer
or peace officer:
new text end
new text begin
(1) the officer is immune from liability for any damage to the device, unless the officer
does not exercise due care in handling the device; and
new text end
new text begin
(2) this does not constitute consent for the officer to access other contents on the device.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 29.
new text begin
[86B.303] OPERATING PERSONAL WATERCRAFT AND OTHER
MOTORBOATS.
new text end
new text begin Subdivision 1. new text end
new text begin Adult operators. new text end
new text begin
An adult operator may not operate a motorboat,
including a personal watercraft, unless:
new text end
new text begin
(1) the adult operator possesses a valid watercraft operator's permit;
new text end
new text begin
(2) the adult operator is an exempt operator; or
new text end
new text begin
(3) an accompanying operator is in the motorboat.
new text end
new text begin Subd. 2. new text end
new text begin Young operators. new text end
new text begin
A young operator may not operate a motorboat, including
a personal watercraft, unless there is an accompanying operator in the boat or in case of an
emergency.
new text end
new text begin Subd. 3. new text end
new text begin Accompanying operators. new text end
new text begin
For purposes of this section and section 169A.20,
an accompanying operator, as well as the actual operator, is operating and is in physical
control of a motorboat.
new text end
new text begin Subd. 4. new text end
new text begin Owners may not allow unlawful use. new text end
new text begin
An owner or other person in lawful
control of a motorboat may not allow the motorboat to be operated contrary to this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 30.
new text begin
[86B.304] WATERCRAFT SAFETY PROGRAM.
new text end
new text begin
(a) The commissioner must establish a water safety course and testing program for
personal watercraft and watercraft operators and must prescribe a written test as part of the
course. The course must be approved by the National Association of State Boating Law
Administrators and must be available online. The commissioner may allow designated water
safety courses administered by third parties to meet the requirements of this paragraph and
may enter into reciprocity agreements or otherwise certify boat safety education programs
from other states that are substantially similar to in-state programs. The commissioner must
establish a working group of interested parties to develop course content and implementation.
The course must include content on best management practices for mitigating aquatic
invasive species, reducing conflicts among user groups, and limiting the ecological impacts
of watercraft.
new text end
new text begin
(b) The commissioner must create or designate a short boater safety examination to be
administered by motorboat rental businesses, as required by section 86B.306, subdivision
3. The examination developed under this paragraph must be one that can be administered
electronically or on paper, at the option of the motorboat rental business administering the
examination.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 31.
new text begin
[86B.306] MOTORBOAT RENTAL BUSINESSES.
new text end
new text begin Subdivision 1. new text end
new text begin Requirements. new text end
new text begin
A motorboat rental business must not rent or lease a
motorboat, including a personal watercraft, to any person for operation on waters of this
state unless the renter or lessee:
new text end
new text begin
(1) has a valid watercraft operator's permit or is an exempt operator; and
new text end
new text begin
(2) is 18 years of age or older.
new text end
new text begin Subd. 2. new text end
new text begin Authorized operators. new text end
new text begin
A motorboat rental business must list on each motorboat
rental or lease agreement the name and age of each operator who is authorized to operate
the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that
only listed authorized operators operate the motorboat or personal watercraft.
new text end
new text begin Subd. 3. new text end
new text begin Summary of boating regulations; examination. new text end
new text begin
(a) A motorboat rental
business must provide each authorized operator a summary of the statutes and rules governing
operation of motorboats and personal watercraft in the state and instructions for safe
operation.
new text end
new text begin
(b) Each authorized operator, other than those holding a valid watercraft operator's permit
or an exempt operator, must review the summary provided under this subdivision and must
take a short boater safety examination in a form approved by the commissioner before the
motorboat or personal watercraft leaves the motorboat rental business premises, unless the
authorized operator has taken the examination during the previous 180 days.
new text end
new text begin Subd. 4. new text end
new text begin Safety equipment for personal watercraft. new text end
new text begin
A motorboat rental business must
provide to all persons who rent a personal watercraft, at no additional cost, a United States
Coast Guard (USCG) approved wearable personal flotation device with a USCG label
indicating it either is approved for or does not prohibit use with personal watercraft or
water-skiing and any other required safety equipment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 32.
Minnesota Statutes 2022, section 86B.313, subdivision 4, is amended to read:
Subd. 4.
Dealers deleted text begin and rental operationsdeleted text end .
(a) A dealer of personal watercraft shall
distribute a summary of the laws and rules governing the operation of personal watercraft
and, upon request, shall provide instruction to a purchaser regarding:
(1) the laws and rules governing personal watercraft; and
(2) the safe operation of personal watercraft.
(b) deleted text begin A person who offers personal watercraft for rent:
deleted text end
deleted text begin
(1) shall provide a summary of the laws and rules governing the operation of personal
watercraft and provide instruction regarding the laws and rules and the safe operation of
personal watercraft to each person renting a personal watercraft;
deleted text end
deleted text begin
(2) shall provide a United States Coast Guard (USCG) approved wearable personal
flotation device with a USCG label indicating it either is approved for or does not prohibit
use with personal watercraft or water-skiing and any other required safety equipment to all
persons who rent a personal watercraft at no additional cost; and
deleted text end
deleted text begin
(3) shall require that a watercraft operator's permit from this state or from the operator's
state of residence be shown each time a personal watercraft is rented to any person younger
than age 18 and shall record the permit on the form provided by the commissioner.
deleted text end
deleted text begin (c)deleted text end Each dealer of personal watercraft deleted text begin or person offering personal watercraft for rentdeleted text end
shall have the person who purchases deleted text begin or rentsdeleted text end a personal watercraft sign a form provided by
the commissioner acknowledging that the purchaser deleted text begin or renterdeleted text end has been provided a copy of
the laws and rules regarding personal watercraft operation and has read them. The form
must be retained by the dealer deleted text begin or person offering personal watercraft for rentdeleted text end for deleted text begin a period
deleted text end deleted text begin ofdeleted text end six months following the date of signature and must be made available for inspection by
sheriff's deputies or conservation officers during normal business hours.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 33.
Minnesota Statutes 2022, section 86B.415, subdivision 1, is amended to read:
Subdivision 1.
Watercraft 19 feet or less.
(a) Except as provided in paragraph (b) and
subdivision 1a, the fee for a watercraft license for watercraft 19 feet or less in length is deleted text begin $27deleted text end new text begin
$59new text end .
(b) The watercraft license feenew text begin isnew text end :
(1) for watercraft, other than personal watercraft, 19 feet in length or less that is offered
for rent or lease, deleted text begin the fee is $9deleted text end new text begin $14new text end ;
(2) for a sailboat, 19 feet in length or less, deleted text begin the fee is $10.50deleted text end new text begin $23new text end ;
(3) for a watercraft 19 feet in length or less used by a nonprofit corporation for teaching
boat and water safety, deleted text begin the fee isdeleted text end as provided in subdivision 4;
(4) for a watercraft owned by a dealer under a dealer's license, deleted text begin the fee isdeleted text end as provided in
subdivision 5;
(5) for a personal watercraft, deleted text begin the fee is $37.50deleted text end new text begin including one offered for rent or lease,
$85new text end ; and
(6) for a watercraft less than 17 feet in length, other than a watercraft listed in clauses
(1) to (5), deleted text begin the fee is $18deleted text end new text begin $36new text end .
Sec. 34.
Minnesota Statutes 2022, section 86B.415, subdivision 1a, is amended to read:
Subd. 1a.
Canoes, kayaks, sailboards, paddleboards, paddleboats, or rowing
shells.
The fee for a watercraft license for a canoe, kayak, sailboard, paddleboard, paddleboat,
or rowing shell over ten feet in length is deleted text begin $10.50deleted text end new text begin $23new text end .
Sec. 35.
Minnesota Statutes 2022, section 86B.415, subdivision 2, is amended to read:
Subd. 2.
Watercraft over 19 feet.
Except as provided in subdivisions 1a, 3, 4, and 5,
the watercraft license fee:
(1) for a watercraft more than 19 feet but less than 26 feet in length is deleted text begin $45deleted text end new text begin $113new text end ;
(2) for a watercraft 26 feet but less than 40 feet in length is deleted text begin $67.50deleted text end new text begin $164new text end ; and
(3) for a watercraft 40 feet in length or longer is deleted text begin $90deleted text end new text begin $209new text end .
Sec. 36.
Minnesota Statutes 2022, section 86B.415, subdivision 3, is amended to read:
Subd. 3.
Watercraft deleted text begin over 19 feetdeleted text end for deleted text begin hiredeleted text end new text begin commercial usenew text end .
The license fee for deleted text begin adeleted text end
watercraft deleted text begin more than 19 feet in length for hire with an operatordeleted text end new text begin used primarily for charter
fishing, commercial fishing, commercial passenger carrying, or other commercial operationnew text end
is deleted text begin $75deleted text end new text begin $164new text end each.
Sec. 37.
Minnesota Statutes 2022, section 86B.415, subdivision 4, is amended to read:
Subd. 4.
Watercraft used by nonprofit corporation for teaching.
The watercraft
license fee for a watercraft used by a nonprofit organization for teaching boat and water
safety is deleted text begin $4.50deleted text end new text begin $8new text end each.
Sec. 38.
Minnesota Statutes 2022, section 86B.415, subdivision 5, is amended to read:
Subd. 5.
Dealer's license.
There is no separate fee for watercraft owned by a dealer
under a dealer's license. The fee for a dealer's license is deleted text begin $67.50deleted text end new text begin $142new text end .
Sec. 39.
Minnesota Statutes 2022, section 86B.415, subdivision 7, is amended to read:
Subd. 7.
Watercraft surcharge.
A deleted text begin $10.60deleted text end new text begin $20new text end surcharge is placed on each watercraft
licensed under subdivisions 1 to 5 for control, public awareness, law enforcement, monitoring,
and research of aquatic invasive species such as zebra mussel, purple loosestrife, and Eurasian
watermilfoil in public waters and public wetlands.
Sec. 40.
new text begin
[88.83] EMERALD ASH BORER RESPONSE.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
The legislature finds that an epidemic of an invasive plant pest,
the emerald ash borer, is occurring in Minnesota, threatening the natural environment, and
generating large volumes of wood waste from ash trees. Immediate action is therefore
necessary to provide funding to assist local units of government with treating, removing,
and replacing ash trees in response to emerald ash borer infestations and managing the
resulting wood waste and to preserve existing biomass energy infrastructure that is critical
to support local and regional emerald ash borer response programs.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner must establish a program to:
new text end
new text begin
(1) provide state matching grants to assist communities with treating, removing, and
replacing ash trees in response to the emerald ash borer epidemic and managing wood waste,
including the remains of ash trees removed in response to the epidemic; and
new text end
new text begin
(2) identify and designate existing biomass energy facilities that are critical infrastructure
for local and regional emerald ash borer response programs.
new text end
new text begin Subd. 3. new text end
new text begin Eligible applicants. new text end
new text begin
The commissioner may award grants under this section
to:
new text end
new text begin
(1) local units of government, including cities, counties, regional authorities, joint powers
boards, towns, and parks and recreation boards in cities of the first class that are responding
or actively preparing to respond to an emerald ash borer infestation; and
new text end
new text begin
(2) a Minnesota nonprofit corporation that owns a cogeneration facility that serves a St.
Paul district heating and cooling system.
new text end
new text begin Subd. 4. new text end
new text begin Eligible expenditures. new text end
new text begin
Local units of government are eligible for matching
grants of up to 50 percent of costs incurred to properly manage, transport, process, and
dispose of wood waste containing ash tree material, including reuse and higher-value
applications, wood waste storage yards, and costs associated with processing wood waste
into usable biomass fuel and transporting it to designated biomass energy facilities. A
Minnesota nonprofit corporation that owns a biomass-fueled combined heat and power plant
serving a district heating system is eligible for grants of up to $20 per ton of processed
biomass fuel containing wood waste from ash trees processed in response to the emerald
ash borer epidemic. The commissioner may require the nonprofit corporation to charge a
fee per ton of ash tree wood waste delivered to the facility.
new text end
new text begin Subd. 5. new text end
new text begin Reporting. new text end
new text begin
A nonprofit corporation receiving a grant under this section must
compile a quarterly report on the volume of wood waste utilized as fuel at the facility using
the same method used to compile the annual utilization of wood fuel for the Pollution Control
Agency's annual emission inventory report required under Minnesota Rules, part 7019.3000,
and must submit the information to the commissioner every three months beginning 120
days after the nonprofit corporation is eligible to receive grants.
new text end
Sec. 41.
new text begin
[88.85] LOWLAND CONIFER CARBON RESERVE.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "lowland conifer stands"
means treed wetlands that occur on mucky mineral or wet organic soils. Lowland conifer
stands include black spruce, tamarack, and white cedar cover types, including stagnant
stands. These cover types include three wetland forest systems:
new text end
new text begin
(1) wet forest system;
new text end
new text begin
(2) rich forested peatland system; and
new text end
new text begin
(3) acid peatland system.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
(a) The Lowland Conifer Carbon Reserve is established to
mitigate climate change and protect ecologically unique areas. It includes all stands in the
state forest system identified as lowland conifer stands under this section and includes the
distribution of underlying peatlands associated with or adjoining each stand.
new text end
new text begin
(b) By January 1, 2024, the commissioner must designate and list the areas included in
the Lowland Conifer Carbon Reserve and submit a report with the designated list to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over environment and natural resources.
new text end
new text begin
(c) By July 1, 2024, the commissioner must prepare maps locating the areas identified
under paragraph (b); provide, to the extent possible, legal descriptions of each area; and
submit the maps and legal descriptions to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over environment and natural resources.
new text end
new text begin Subd. 3. new text end
new text begin Carbon sequestration; reports. new text end
new text begin
(a) By January 1, 2025, the commissioner
must prepare and submit a report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over environment and natural resources
with a list of all stands in the Lowland Conifer Carbon Reserve that are 90 years of age or
older and an estimate of the tons of carbon sequestered in the boles of the trees in these
stands. The commissioner must update and submit the report to the chairs and ranking
minority members every five years thereafter.
new text end
new text begin
(b) By January 1, 2025, the commissioner must prepare and submit a report to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over environment and natural resources identifying any bogs and peatlands in the Lowland
Conifer Carbon Reserve and an estimate of the tons of carbon sequestered in the peat.
new text end
new text begin Subd. 4. new text end
new text begin Productive stands; report. new text end
new text begin
By January 1, 2025, the commissioner must prepare
and submit a report to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over environment and natural resources with a list and map
showing all productive stands in the Lowland Conifer Carbon Reserve and identify which
stands were harvested within the five years preceding establishment of the Lowland Conifer
Carbon Reserve. By January 15 each year thereafter, the commissioner must update the list
showing the most recent harvest year and species harvested and submit the list in a report
to the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over environment and natural resources finance and policy.
new text end
new text begin Subd. 5. new text end
new text begin Timber harvesting restrictions. new text end
new text begin
(a) The commissioner may issue a timber
permit to harvest a stand in the Lowland Conifer Carbon Reserve only if:
new text end
new text begin
(1) the stand is less than 90 years of age; and
new text end
new text begin
(2) the stand is accessible to heavy logging equipment as determined by the commissioner.
new text end
new text begin
(b) For stands accessible for only part of the year, trees may be harvested only during
the times the stand is accessible as determined by the commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Peat harvesting restrictions. new text end
new text begin
(a) A person may not harvest peat in the Lowland
Conifer Carbon Reserve.
new text end
new text begin
(b) This subdivision does not apply to peat harvested under a permit issued before the
peat was included in the Lowland Conifer Carbon Reserve.
new text end
new text begin Subd. 7. new text end
new text begin Management. new text end
new text begin
To the extent possible, the commissioner must passively manage
stands in the Lowland Conifer Carbon Reserve. Regeneration of harvested stands in the
Lowland Conifer Carbon Reserve must be done naturally.
new text end
new text begin Subd. 8. new text end
new text begin Drained lands. new text end
new text begin
The commissioner must identify lands in the Lowland Conifer
Carbon Reserve that were drained for agricultural purposes but forfeited to the state for
nonpayment of taxes. The commissioner must make reasonable efforts to restore the lands
to their original hydrological condition, such as blocking or filling active drain pipes, tiles,
or ditches on the lands.
new text end
new text begin Subd. 9. new text end
new text begin School trust lands. new text end
new text begin
The commissioner must compensate the permanent school
fund for school trust lands in the Lowland Conifer Carbon Reserve. To the extent funding
is available under section 16A.152, subdivision 2, and other sources, the commissioner must
extinguish the school trust interest of lands as provided under section 92.83. Payments for
school trust lands without commercial value must be compensated at an amount equal to
$500 per acre. Payments for school trust lands with commercial value must be compensated
at a rate agreed to by the commissioner and the school trust lands director for each parcel,
with a parcel comprising a single stand or multiple adjoining stands.
new text end
new text begin Subd. 10. new text end
new text begin Existing contracts and legislation. new text end
new text begin
Obligations, including permits, leases,
and legislative directives, that are in effect before designation of the Lowland Conifer Carbon
Reserve are not impacted by this section and continue until they expire or are removed.
new text end
new text begin Subd. 11. new text end
new text begin Sunset. new text end
new text begin
This section expires December 31, 2099.
new text end
Sec. 42.
Minnesota Statutes 2022, section 89A.03, subdivision 5, is amended to read:
Subd. 5.
Membership regulation.
Terms, compensation, nomination, appointment, and
removal of council members are governed by section 15.059new text begin , except that a council member
may be compensated at the rate of up to $125 a daynew text end .
Sec. 43.
Minnesota Statutes 2022, section 90.181, subdivision 2, is amended to read:
Subd. 2.
Deferred payments.
(a) If the amount of the statement is not paidnew text begin or the payment
is not postmarkednew text end within 30 days of thenew text begin statementnew text end date deleted text begin thereof, it shall beardeleted text end new text begin , the amount
bearsnew text end interest at the rate determined pursuant to section 16A.124, except that the purchaser
deleted text begin shall not bedeleted text end new text begin is notnew text end required to pay interest that totals $1 or less. If the amount is not paid
within 60 days, the commissioner shall place the account in the hands of the commissioner
of revenue according to chapter 16D, who shall proceed to collect the deleted text begin samedeleted text end new text begin amount duenew text end .
When deemed in the best interests of the state, the commissioner shall take possession of
the timber for which an amount is due wherever it may be found and sell the deleted text begin samedeleted text end new text begin timbernew text end
informally or at public auction after giving reasonable notice.
(b) The proceeds of the sale deleted text begin shalldeleted text end new text begin mustnew text end be applied, first, to the payment of the expenses
of seizure and saledeleted text begin ;deleted text end and, second, to the payment of the amount due for the timber, with
interestdeleted text begin ; anddeleted text end new text begin .new text end The surplus, if any, deleted text begin shall belongdeleted text end new text begin belongsnew text end to the statedeleted text begin ; and,deleted text end new text begin .new text end In case a sufficient
amount is not realized to pay these amounts in full, the balance deleted text begin shalldeleted text end new text begin mustnew text end be collected by
the attorney general. deleted text begin Neitherdeleted text end Payment of the amount, deleted text begin nor thedeleted text end recovery of judgment deleted text begin therefordeleted text end new text begin
for the amountnew text end , deleted text begin nordeleted text end satisfaction of the judgment, deleted text begin nor thedeleted text end new text begin ornew text end seizure and sale of timberdeleted text begin , shalldeleted text end new text begin
does not:
new text end
new text begin (1)new text end release the sureties on any security deposit given pursuant to this chapterdeleted text begin , ordeleted text end new text begin ;
new text end
new text begin (2)new text end preclude the state from afterwards claiming that the timber was cut or removed
contrary to law and recovering damages for the trespass thereby committeddeleted text begin ,deleted text end new text begin ;new text end or
new text begin (3) preclude the statenew text end from prosecuting the offender criminally.
Sec. 44.
Minnesota Statutes 2022, section 97A.015, is amended by adding a subdivision
to read:
new text begin Subd. 32b. new text end
new text begin Native swan. new text end
new text begin
"Native swan" means a trumpeter swan or a tundra swan but
does not include a mute swan.
new text end
Sec. 45.
Minnesota Statutes 2022, section 97A.031, is amended to read:
97A.031 WANTON WASTE.
new text begin (a) new text end Unless expressly allowed, a person may not wantonly waste or destroy a usable part
of a protected wild animal.
new text begin
(b) This section does not apply to common carp.
new text end
Sec. 46.
new text begin
[97A.096] DESIGNATED SWAN PROTECTION AREAS.
new text end
new text begin Subdivision 1. new text end
new text begin Swan protection areas. new text end
new text begin
The commissioner of natural resources must
designate waters within the seven-county metropolitan area that provide critical habitat for
swan nesting, migration, and foraging as swan protection areas.
new text end
new text begin Subd. 2. new text end
new text begin Public notice and meeting. new text end
new text begin
(a) Before the commissioner designates or removes
a designation of a swan protection area, the commissioner must receive public comment
and hold a public meeting in the county where the largest portion of the affected water is
located.
new text end
new text begin
(b) At least 90 days before the public meeting, the commissioner must post notice of
the proposed designation or removal of a designation at publicly maintained access points
on the affected water.
new text end
new text begin
(c) Before the public meeting, the commissioner must publish notice of the meeting in
a news release issued by the commissioner and in a newspaper of general circulation in the
area where the proposed swan protection area is located. The notice must be published at
least once 30 to 60 days before the meeting and at least once seven to 30 days before the
meeting.
new text end
new text begin
(d) The notices required in this subdivision must summarize the proposed action, invite
public comment, and specify a deadline for receiving public comments. The commissioner
must send each required notice to persons who have registered their names with the
commissioner for this purpose. The commissioner must consider any public comments
received in making a final decision.
new text end
new text begin
(e) Designating swan protection areas or removing designations according to this
subdivision is not subject to the rulemaking requirements of chapter 14, and section 14.386
does not apply.
new text end
new text begin Subd. 3. new text end
new text begin Using lead sinkers. new text end
new text begin
A person may not use lead sinkers on a water designated
by the commissioner as a swan protection area under subdivision 1. The commissioner must
maintain a list of swan protection areas and information on the lead sinker restrictions on
the department's website and in any summary of fishing regulations required under section
97A.051.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
By January 15, 2026, the commissioner of natural resources must
submit a report to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over environment and natural resources on the implementation
of this section and any recommendations.
new text end
new text begin Subd. 5. new text end
new text begin Sunset. new text end
new text begin
This section expires January 1, 2027.
new text end
Sec. 47.
Minnesota Statutes 2022, section 97A.126, is amended to read:
97A.126 WALK-IN ACCESS PROGRAM.
Subdivision 1.
Establishment.
A walk-in access program is established to provide public
access to wildlife habitat on private land for hunting, new text begin bird-watching, nature photography,
and similar compatible uses, new text end excluding trapping, as provided under this section. The
commissioner may enter into agreements with other units of government and landowners
to provide private land hunting access.
Subd. 2.
Use of enrolled lands.
(a) From September 1 to May 31, a person must have
a walk-in access deleted text begin hunterdeleted text end validation in possession to huntnew text begin , photograph, and watch wildlifenew text end on
private lands, including agricultural lands, that are posted as being enrolled in the walk-in
access program.
(b) Huntingnew text begin , bird-watching, nature photography, and similar compatible usesnew text end on private
lands that are posted as enrolled in the walk-in access program is allowed from one-half
hour before sunrise to one-half hour after sunset.
(c) deleted text begin Hunterdeleted text end Access on private lands that are posted as enrolled in the walk-in access
program is restricted to nonmotorized use, except by deleted text begin huntersdeleted text end new text begin personsnew text end with disabilities
operating motor vehicles on established trails or field roads who possess a valid permit to
shoot from a stationary vehicle under section 97B.055, subdivision 3.
(d) The general provisions for use of wildlife management areas adopted under sections
86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of motorboats,
firearms and target shooting, hunting stands, abandonment of trash and property, destruction
or removal of property, introduction of plants or animals, and animal trespass, apply to
deleted text begin hunters ondeleted text end new text begin use ofnew text end lands enrolled in the walk-in access program.
(e) Any use of enrolled lands other than deleted text begin hunting according todeleted text end new text begin use authorized undernew text end this
section is prohibited, including:
(1) harvesting bait, including minnows, leeches, and other live bait;
(2) training dogs or using dogs for activities other than hunting; and
(3) constructing or maintaining any building, dock, fence, billboard, sign, hunting blind,
or other structure, unless constructed or maintained by the landowner.
Subd. 3.
Walk-in-access deleted text begin hunterdeleted text end validation; fee.
The fee for a walk-in-access deleted text begin hunterdeleted text end
validation is $3.
Sec. 48.
Minnesota Statutes 2022, section 97A.137, subdivision 3, is amended to read:
Subd. 3.
Use of motorized vehicles by deleted text begin disabled huntersdeleted text end new text begin people with disabilitiesnew text end .
The
commissioner may deleted text begin issuedeleted text end new text begin provide an accommodation by issuingnew text end a special permit, without a
fee, authorizing a deleted text begin hunterdeleted text end new text begin personnew text end with a deleted text begin permanent physicaldeleted text end disability to use deleted text begin a snowmobile,
highway-licensed vehicle, all-terrain vehicle,deleted text end new text begin an other power-driven mobility device, as
defined under Code of Federal Regulations, title 28, section 35.104, new text end ornew text begin anew text end motor boat in
wildlife management areas. To qualify for a permit under this subdivision, the deleted text begin disableddeleted text end
person must deleted text begin possess:deleted text end new text begin provide credible assurance to the commissioner that the device or
motor boat is used because of a disability.
new text end
deleted text begin
(1) the required hunting licenses; and
deleted text end
deleted text begin
(2) a permit to shoot from a stationary vehicle under section 97B.055, subdivision 3.
deleted text end
Sec. 49.
Minnesota Statutes 2022, section 97A.315, subdivision 1, is amended to read:
Subdivision 1.
Criminal penalties.
(a) new text begin Except as provided in paragraph (b), new text end a person
that violates a provision of section 97B.001, relating to trespass is guilty of a misdemeanor
deleted text begin except as provided in paragraph (b)deleted text end .
(b) A person is guilty of a gross misdemeanor if the person:
(1) knowingly disregards signs prohibiting trespass;
(2) trespasses after personally being notified by the landowner or lessee not to trespass;
or
(3) is convicted of violating this section more than once in a three-year period.
new text begin
(c) Notwithstanding section 609.101, subdivision 4, clause (2), for a misdemeanor
violation, the minimum fine for a person who operates an off-highway motorcycle, off-road
vehicle, all-terrain vehicle, or snowmobile in violation of this section must not be less than
the amount set forth in section 84.775.
new text end
Sec. 50.
Minnesota Statutes 2022, section 97A.401, subdivision 1, is amended to read:
Subdivision 1.
Commissioner's authority.
The commissioner may issue special permits
for the activities in this section. A special permit may be issued in the form of a general
permit to a governmental subdivision or to the general public to conduct one or more
activities under subdivisions 2 to deleted text begin 8deleted text end new text begin 9new text end .
Sec. 51.
Minnesota Statutes 2022, section 97A.401, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Taking wild animals with federal incidental take permit. new text end
new text begin
The commissioner
must prescribe conditions for and may issue a permit to a person for taking wild animals
during activities covered under a federal incidental take permit issued under section
10(a)(1)(B) of the federal Endangered Species Act, including to a landowner for taking wild
animals during activities covered by a certificate of inclusion issued by the commissioner
under Code of Federal Regulations, title 50, section 13.25(e).
new text end
Sec. 52.
Minnesota Statutes 2022, section 97A.405, subdivision 5, is amended to read:
Subd. 5.
Resident licenses.
new text begin (a) new text end To obtain a resident license, deleted text begin a residentdeleted text end new text begin an individualnew text end 21
years of age or older mustnew text begin be a resident andnew text end :
(1) possess a current Minnesota driver's licensenew text begin or a valid application receipt for a driver's
license that is at least 60 days past the issuance datenew text end ;
(2) possess a current identification card issued by the commissioner of public safetynew text begin or
a valid application receipt for an identification card that is at least 60 days past the issuance
datenew text end ; deleted text begin or
deleted text end
(3) present evidence showing proof of residency in cases when clause (1) or (2) would
violate the Religious Freedom Restoration Act of 1993, Public Law 103-141deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) possess a Tribal identification card as provided in paragraph (b).
new text end
new text begin
(b) For purposes of this subdivision, "Tribal identification card" means an unexpired
identification card as provided under section 171.072, paragraphs (b) and (c). The Tribal
identification card:
new text end
new text begin
(1) must contain the enrolled Tribal member's Minnesota residence address; and
new text end
new text begin
(2) may be used to obtain a resident license under paragraph (a) only if the Tribal member
does not have a current driver's license or state identification card in any state.
new text end
new text begin
(c) A person must not have applied for, purchased, or accepted a resident hunting, fishing,
or trapping license issued by another state or foreign country within 60 days before applying
for a resident license under this section.
new text end
Sec. 53.
Minnesota Statutes 2022, section 97A.421, subdivision 3, is amended to read:
Subd. 3.
Issuance after conviction; big game.
(a) A person may not new text begin use a big-game
license purchased before conviction, new text end obtain deleted text begin anydeleted text end new text begin anew text end big-game licensenew text begin ,new text end or take big game under
a lifetime license, issued under section 97A.473, for three years after the person is convicted
of:
(1) a gross misdemeanor violation under the game and fish laws relating to big game;
(2) doing an act without a required big-game license; or
(3) the second violation within three years under the game and fish laws relating to big
game.
(b) A person may not obtain any deer license or take deer under a lifetime license issued
under section 97A.473 for one year after the person is convicted of hunting deer with the
aid or use of bait under section 97B.328.
(c) The revocation period under paragraphs (a) and (b) doubles if the conviction is for
a deer that is a trophy deer scoring higher than 170 using the scoring method established
for wildlife restitution values adopted under section 97A.345.
Sec. 54.
Minnesota Statutes 2022, section 97A.473, subdivision 2, is amended to read:
Subd. 2.
Lifetime angling license; fee.
(a) A resident lifetime angling license authorizes
a person to take fish by angling in the state. The license authorizes those activities authorized
by the annual resident angling license. The license does not include a trout-and-salmon
stamp validation, a walleye stamp validation, or other stamps required by law.
(b) The fees for a resident lifetime angling license are:
(1) age 3 and under, deleted text begin $344deleted text end new text begin $413new text end ;
(2) age 4 to age 15, deleted text begin $469deleted text end new text begin $563new text end ;
(3) age 16 to age 50, deleted text begin $574deleted text end new text begin $689new text end ; and
(4) age 51 and over, deleted text begin $379deleted text end new text begin $455new text end .
Sec. 55.
Minnesota Statutes 2022, section 97A.473, subdivision 2a, is amended to read:
Subd. 2a.
Lifetime spearing license; fee.
(a) A resident lifetime spearing license
authorizes a person to take fish by spearing in the state. The license authorizes those activities
authorized by the annual resident spearing license.
(b) The fees for a resident lifetime spearing license are:
(1) age 3 and under, deleted text begin $90deleted text end new text begin $108new text end ;
(2) age 4 to age 15, deleted text begin $124deleted text end new text begin $149new text end ;
(3) age 16 to age 50, deleted text begin $117deleted text end new text begin $141new text end ; and
(4) age 51 and over, deleted text begin $61deleted text end new text begin $74new text end .
Sec. 56.
Minnesota Statutes 2022, section 97A.473, subdivision 2b, is amended to read:
Subd. 2b.
Lifetime angling and spearing license; fee.
(a) A resident lifetime angling
and spearing license authorizes a person to take fish by angling or spearing in the state. The
license authorizes those activities authorized by the annual resident angling and spearing
licenses.
(b) The fees for a resident lifetime angling and spearing license are:
(1) age 3 and under, deleted text begin $432deleted text end new text begin $519new text end ;
(2) age 4 to age 15, deleted text begin $579deleted text end new text begin $695new text end ;
(3) age 16 to age 50, deleted text begin $678deleted text end new text begin $814new text end ; and
(4) age 51 and over, deleted text begin $439deleted text end new text begin $527new text end .
Sec. 57.
Minnesota Statutes 2022, section 97A.473, subdivision 5, is amended to read:
Subd. 5.
Lifetime sporting license; fee.
(a) A resident lifetime sporting license authorizes
a person to take fish by angling and hunt and trap small game, other than wolves, in the
state. The license authorizes those activities authorized by the annual resident angling and
resident small-game-hunting licenses and the resident trapping license for fur-bearing
animals other than wolves. The license does not include a trout-and-salmon stamp validation,
a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required
by law.
(b) The fees for a resident lifetime sporting license are:
(1) age 3 and under, deleted text begin $522deleted text end new text begin $573new text end ;
(2) age 4 to age 15, deleted text begin $710deleted text end new text begin $779new text end ;
(3) age 16 to age 50, deleted text begin $927deleted text end new text begin $1,017new text end ; and
(4) age 51 and over, deleted text begin $603deleted text end new text begin $662new text end .
Sec. 58.
Minnesota Statutes 2022, section 97A.473, subdivision 5a, is amended to read:
Subd. 5a.
Lifetime sporting with spearing option license; fee.
(a) A resident lifetime
sporting with spearing option license authorizes a person to take fish by angling or spearing
and hunt and trap small game, other than wolves, in the state. The license authorizes those
activities authorized by the annual resident angling, spearing, and resident
small-game-hunting licenses and the resident trapping license for fur-bearing animals other
than wolves. The license does not include a trout-and-salmon stamp validation, a turkey
stamp validation, a walleye stamp validation, or any other hunting stamps required by law.
(b) The fees for a resident lifetime sporting with spearing option license are:
(1) age 3 and under, deleted text begin $612deleted text end new text begin $676new text end ;
(2) age 4 to age 15, deleted text begin $833deleted text end new text begin $921new text end ;
(3) age 16 to age 50, deleted text begin $1,046deleted text end new text begin $1,153new text end ; and
(4) age 51 and over, deleted text begin $666deleted text end new text begin $733new text end .
Sec. 59.
Minnesota Statutes 2022, section 97A.474, subdivision 2, is amended to read:
Subd. 2.
Nonresident lifetime angling license; fee.
(a) A nonresident lifetime angling
license authorizes a person to take fish by angling in the state. The license authorizes those
activities authorized by the annual nonresident angling license. The license does not include
a trout-and-salmon stamp validation, a walleye stamp validation, or other stamps required
by law.
(b) The fees for a nonresident lifetime angling license are:
(1) age 3 and under, deleted text begin $821deleted text end new text begin $1,068new text end ;
(2) age 4 to age 15, deleted text begin $1,046deleted text end new text begin $1,360new text end ;
(3) age 16 to age 50, deleted text begin $1,191deleted text end new text begin $1,549new text end ; and
(4) age 51 and over, deleted text begin $794deleted text end new text begin $1,033new text end .
Sec. 60.
Minnesota Statutes 2022, section 97A.475, subdivision 6, is amended to read:
Subd. 6.
Resident fishing.
Fees for the following licenses, to be issued to residents only,
are:
(1) for persons age 18 or over to take fish by angling, deleted text begin $25deleted text end new text begin $30new text end ;
(2) for persons age 18 or over to take fish by angling, for a combined license for a married
couple, deleted text begin $40deleted text end new text begin $48new text end ;
(3) for persons age 18 or over to take fish by spearing from a dark house, deleted text begin $6deleted text end new text begin $8new text end , and the
person must possess an angling license;
(4) for persons age 18 or over to take fish by angling for a 24-hour period selected by
the licensee, deleted text begin $12deleted text end new text begin $15new text end ;
(5) for persons age 18 or over to take fish by angling for a consecutive 72-hour period
selected by the licensee, deleted text begin $14deleted text end new text begin $17new text end ;
(6) for persons age 18 or over to take fish by angling for three consecutive years, deleted text begin $71deleted text end new text begin
$86new text end ; and
(7) for persons age 16 or over and under age 18 to take fish by angling, deleted text begin $5deleted text end new text begin $6new text end .
Sec. 61.
Minnesota Statutes 2022, section 97A.475, subdivision 7, is amended to read:
Subd. 7.
Nonresident fishing.
(a) Fees for the following licenses, to be issued to
nonresidents, are:
(1) for persons age 18 or over to take fish by angling, deleted text begin $46deleted text end new text begin $62new text end ;
(2) for persons age 18 or over to take fish by angling limited to seven consecutive days
selected by the licensee, deleted text begin $38deleted text end new text begin $51new text end ;
(3) for persons age 18 or over to take fish by angling for a consecutive 72-hour period
selected by the licensee, deleted text begin $31deleted text end new text begin $42new text end ;
(4) for persons age 18 or over to take fish by angling for a combined license for a family
for one or both parents and dependent children under the age of 16, deleted text begin $63deleted text end new text begin $84new text end ;
(5) for persons age 18 or over to take fish by angling for a 24-hour period selected by
the licensee, deleted text begin $14deleted text end new text begin $19new text end ;
(6) to take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, deleted text begin $49deleted text end new text begin $66new text end ;
(7) for persons age 18 or over to take fish by spearing from a dark house, deleted text begin $12deleted text end new text begin $18new text end , and
the person must possess an angling license; and
(8) for persons age 16 or over and under age 18 to take fish by angling, deleted text begin $5deleted text end new text begin $6new text end .
(b) A $5 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clauses (5) and (8). An additional commission may not be
assessed on this surcharge.
Sec. 62.
Minnesota Statutes 2022, section 97A.475, subdivision 8, is amended to read:
Subd. 8.
Minnesota sporting; supersports.
(a) The commissioner shall issue Minnesota
sporting licenses to residents only. The licensee may take fish by angling and small game.
The fee for the license is:
(1) for an individual, deleted text begin $34.50deleted text end new text begin $40.50new text end ; and
(2) for a combined license for a married couple to take fish and for one spouse to take
small game, deleted text begin $50.50deleted text end new text begin $61.50new text end .
(b) The commissioner shall issue Minnesota supersports licenses to residents only. The
licensee may take fish by angling, including trout; small game, including pheasant and
waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the supersports
license, including all required stamp validations is:
(1) for an individual age 18 or over, deleted text begin $93.50deleted text end new text begin $102.50new text end ; and
(2) for a combined license for a married couple to take fish, including the
trout-and-salmon stamp validation, and for one spouse to take small game, including pheasant
and waterfowl, and deer, deleted text begin $119.50deleted text end new text begin $137.50new text end .
(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited according
to section 97A.075, subdivisions 2, 3, and 4.
(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
according to section 97A.075, subdivision 1.
Sec. 63.
Minnesota Statutes 2022, section 97A.475, subdivision 10, is amended to read:
Subd. 10.
Trout-and-salmon stamp validation.
The fee for a trout-and-salmon stamp
validation is deleted text begin $10deleted text end new text begin $12new text end .
Sec. 64.
Minnesota Statutes 2022, section 97A.475, subdivision 10a, is amended to read:
Subd. 10a.
Walleye stamp validation.
A person may agree to purchase a walleye stamp
validation for deleted text begin $5deleted text end new text begin $6new text end .
Sec. 65.
Minnesota Statutes 2022, section 97A.475, subdivision 11, is amended to read:
Subd. 11.
Fish houses, dark houses, and shelters; residents.
Fees for the following
licenses are:
(1) annual for a fish house, dark house, or shelter that is not rented, deleted text begin $15deleted text end new text begin $18new text end ;
(2) annual for a fish house, dark house, or shelter that is rented, deleted text begin $30deleted text end new text begin $36new text end ;
(3) three-year for a fish house, dark house, or shelter that is not rented, deleted text begin $42deleted text end new text begin $51new text end ; and
(4) three-year for a fish house, dark house, or shelter that is rented, deleted text begin $87deleted text end new text begin $105new text end .
Sec. 66.
Minnesota Statutes 2022, section 97A.475, subdivision 12, is amended to read:
Subd. 12.
Fish houses, dark houses, and shelters; nonresident.
Fees for fish house,
dark house, and shelter licenses for a nonresident are:
(1) annual, deleted text begin $37deleted text end new text begin $49new text end ;
(2) seven consecutive days selected by the licensee, deleted text begin $21deleted text end new text begin $28new text end ; and
(3) three-year, deleted text begin $111deleted text end new text begin $145new text end .
Sec. 67.
Minnesota Statutes 2022, section 97A.475, subdivision 13, is amended to read:
Subd. 13.
Netting whitefish and ciscoes for personal consumption.
The fee for a
license to net whitefish and ciscoes in inland lakes and international waters for personal
consumption is, for each net, deleted text begin $10deleted text end new text begin $12new text end .
Sec. 68.
Minnesota Statutes 2022, section 97A.475, subdivision 41, is amended to read:
Subd. 41.
Turtle deleted text begin licensesdeleted text end new text begin licensenew text end .
deleted text begin
(a) The fee for a turtle seller's license to sell turtles
and to take, transport, buy, and possess turtles for sale is $250.
deleted text end
deleted text begin (b)deleted text end The fee for a recreational turtle license to take, transport, and possess turtles for
personal use is $25.
deleted text begin
(c) The fee for a turtle seller's apprentice license is $100.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 69.
Minnesota Statutes 2022, section 97B.071, is amended to read:
97B.071 CLOTHING new text begin AND GROUND BLIND new text end REQUIREMENTS; BLAZE
ORANGE OR BLAZE PINK.
(a) Except as provided in rules adopted under paragraph deleted text begin (c)deleted text end new text begin (d)new text end , a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze
pink includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within
each foot square. This section does not apply to migratory-waterfowl hunters on waters of
this state or in a stationary shooting location or to trappers on waters of this state.
(b) Except as provided in rules adopted under paragraph deleted text begin (c)deleted text end new text begin (d)new text end , and in addition to the
requirement in paragraph (a), a person may not take small game other than turkey, migratory
birds, raccoons, and predators, except while trapping, unless a visible portion of at least one
article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph
does not apply to a person when in a stationary location while hunting deer by archery or
when hunting small game by falconry.
new text begin
(c) A person in a fabric or synthetic ground blind on public land must have:
new text end
new text begin
(1) a blaze orange safety covering on the top of the blind that is visible for 360 degrees
around the blind; or
new text end
new text begin
(2) at least 144 square inches of blaze orange material on each side of the blind.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.
deleted text begin (d)deleted text end new text begin (e)new text end A violation of paragraph (b) deleted text begin shalldeleted text end new text begin doesnew text end not result in a penalty, but is punishable
only by a safety warning.
Sec. 70.
Minnesota Statutes 2022, section 97B.301, subdivision 6, is amended to read:
Subd. 6.
Residents or nonresidents under age 18; taking either-sex deer.
A resident
or nonresident under the age of 18 may take a deer of either sex except in those antlerless
permit areas and seasons where no antlerless permits are offered. In antlerless permit areas
where no antlerless permits are offered, the commissioner may provide a limited number
of youth either sex permits to residents or nonresidents under age 18, under the procedures
provided in section 97B.305, and may give preference to residents or nonresidents under
the age of 18 that have not previously been selected. This subdivision does not authorize
the taking of deleted text begin an antlerlessdeleted text end new text begin anew text end deer by another member of a party under subdivision 3.
Sec. 71.
Minnesota Statutes 2022, section 97B.516, is amended to read:
97B.516 PLAN FOR ELK MANAGEMENT.
deleted text begin (a)deleted text end The commissioner of natural resources must adopt an elk management plan that:
(1) recognizes the value and uniqueness of elk;
(2) provides for integrated management of an elk population in harmony with the
environment; and
(3) affords optimum recreational opportunities.
deleted text begin
(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in
Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size
of the herd, including adoption or implementation of an elk management plan designed to
increase an elk herd, unless the commissioner of agriculture verifies that crop and fence
damages paid under section 3.7371 and attributed to the herd have not increased for at least
two years.
deleted text end
deleted text begin
(c) At least 60 days prior to implementing a plan to increase an elk herd, the
commissioners of natural resources and agriculture must hold a joint public meeting in the
county where the elk herd to be increased is located. At the meeting, the commissioners
must present evidence that crop and fence damages have not increased in the prior two years
and must detail the practices that will be used to reduce elk conflicts with area landowners.
deleted text end
Sec. 72.
Minnesota Statutes 2022, section 97B.668, is amended to read:
97B.668 deleted text begin GAME BIRDSdeleted text end new text begin ANIMALSnew text end CAUSING DAMAGE.
new text begin Subdivision 1. new text end
new text begin Game birds causing damage. new text end
Notwithstanding sections 97B.091 and
97B.805, subdivisions 1 and 2, a person or agent of that person on lands and nonpublic
waters owned or operated by the person may nonlethally scare, haze, chase, or harass game
birds that are causing property damage or to protect a disease risk at any time or place that
a hunting season for the game birds is not open. This section does not apply to public waters
as defined under section 103G.005, subdivision 15. This section does not apply to migratory
waterfowl on nests and other federally protected game birds on nests, except ducks and
geese on nests when a permit is obtained under section 97A.401.
new text begin Subd. 2. new text end
new text begin Deer and elk causing damage. new text end
new text begin
(a) Notwithstanding section 97B.091, a property
owner, the property owner's immediate family member, or an agent of the property owner
may nonlethally scare, haze, chase, or harass deer or elk that are causing damage to
agricultural crops that are propagated under generally accepted agricultural practices.
new text end
new text begin
(b) Paragraph (a) applies only:
new text end
new text begin
(1) in the immediate area of the crop damage; and
new text end
new text begin
(2) during the closed season for taking deer or elk.
new text end
new text begin
(c) Paragraph (a) does not allow:
new text end
new text begin
(1) using poisons;
new text end
new text begin
(2) using dogs;
new text end
new text begin
(3) conduct that drives a deer or elk to the point of exhaustion;
new text end
new text begin
(4) activities that require a permit under section 97A.401; or
new text end
new text begin
(5) conduct that causes the death of or that is likely to cause the death of a deer or elk.
new text end
new text begin
(d) A property owner or the owner's agent must report the death of a deer or elk to staff
in the Division of Fish and Wildlife within 24 hours of the death if the death resulted from
actions taken under paragraph (a).
new text end
Sec. 73.
new text begin
[97B.673] NONTOXIC SHOT REQUIRED FOR TAKING SMALL GAME
IN CERTAIN AREAS.
new text end
new text begin Subdivision 1. new text end
new text begin Nontoxic shot on wildlife management areas in farmland zone. new text end
new text begin
A
person may not take small game, rails, or common snipe on any wildlife management area
within the farmland zone with shot other than:
new text end
new text begin
(1) steel shot;
new text end
new text begin
(2) copper-plated, nickel-plated, or zinc-plated steel shot; or
new text end
new text begin
(3) shot made of other nontoxic material approved by the director of the United States
Fish and Wildlife Service.
new text end
new text begin Subd. 2. new text end
new text begin Farmland zone. new text end
new text begin
For the purposes of this section, the farmland zone is the
portion of the state that falls south and west of Minnesota Highway 70 westward from the
Wisconsin border to Minnesota Highway 65 to Minnesota Highway 23 to U.S. Highway
169 at Milaca to Minnesota Highway 18 at Garrison to Minnesota Highway 210 at Brainerd
to U.S. Highway 10 at Motley to U.S. Highway 59 at Detroit Lakes northward to the
Canadian border.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 74.
new text begin
[97B.735] SWANS.
new text end
new text begin
A person who takes, harasses, destroys, buys, sells, possesses, transports, or ships a
native swan in violation of the game and fish laws is guilty of a gross misdemeanor.
new text end
Sec. 75.
Minnesota Statutes 2022, section 97C.087, subdivision 2, is amended to read:
Subd. 2.
Application for tag.
Application for special fish management tags must be
accompanied by a deleted text begin $5deleted text end new text begin $6new text end , nonrefundable application fee for each tag. A person may not
make more than one tag application each calendar year. If a person makes more than one
application, the person is ineligible for a special fish management tag for that calendar year
after determination by the commissioner, without a hearing.
Sec. 76.
Minnesota Statutes 2022, section 97C.315, subdivision 1, is amended to read:
Subdivision 1.
Lines.
An angler may not use more than one linenew text begin ,new text end exceptnew text begin thatnew text end :
(1) two lines may be used to take fish through the ice; deleted text begin and
deleted text end
(2) the commissioner may, by rule, authorize the use of two lines in areas designated by
the commissioner in Lake Superiordeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) two lines may be used in the Minnesota River downstream of the Granite Falls Dam
and in the Mississippi River downstream of St. Anthony Falls.
new text end
Sec. 77.
Minnesota Statutes 2022, section 97C.345, subdivision 1, is amended to read:
Subdivision 1.
When use prohibited.
Except as specifically authorized, a person may
not take fish with a spear from the third Monday in February to the Friday before the last
Saturday in April and may not take fish with a fish trap, net, dip net, seine, or other device
capable of taking fish from the third Monday in February deleted text begin todeleted text end new text begin throughnew text end April 30.
Sec. 78.
new text begin
[97C.348] FELT-SOLED WADERS.
new text end
new text begin
A person may not use felt-soled waders in waters of the state. For purposes of this section
"felt-soled waders" means boots or shoes that have water-absorbing material affixed to the
soles or bottoms.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 79.
Minnesota Statutes 2022, section 97C.355, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Placing waste on ice prohibited. new text end
new text begin
A person using a fish house, dark house, or
other shelter on the ice of state waters is subject to section 97C.363.
new text end
Sec. 80.
new text begin
[97C.363] STORING GARBAGE AND OTHER WASTE ON ICE.
new text end
new text begin Subdivision 1. new text end
new text begin Prohibition. new text end
new text begin
A person using a shelter, a motor vehicle, or any other
conveyance on the ice of state waters may not deposit garbage, rubbish, cigarette filters,
debris from fireworks, offal, the body of a dead animal, litter, sewage, or any other waste
outside the shelter, motor vehicle, or conveyance unless the material is:
new text end
new text begin
(1) placed in a container that is secured to the shelter, motor vehicle, or conveyance;
and
new text end
new text begin
(2) not placed directly on the ice or in state waters.
new text end
new text begin Subd. 2. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "sewage" means excrementitious or
other discharge from the bodies of human beings or animals, together with such other water
as may be present.
new text end
new text begin Subd. 3. new text end
new text begin Penalty. new text end
new text begin
A violation of this section is a petty misdemeanor, and a person who
violates this section is subject to a civil penalty of $100 for each violation.
new text end
Sec. 81.
Minnesota Statutes 2022, section 97C.371, subdivision 1, is amended to read:
Subdivision 1.
Species allowed.
Only rough fish, catfish, lake whitefish, new text begin cisco (tulibee),
new text end and northern pike may be taken by spearing.
Sec. 82.
Minnesota Statutes 2022, section 97C.371, subdivision 2, is amended to read:
Subd. 2.
Dark houses required for certain species.
Catfish, lake whitefish, new text begin cisco
(tulibee), new text end and northern pike may be speared only from dark houses.
Sec. 83.
Minnesota Statutes 2022, section 97C.371, subdivision 4, is amended to read:
Subd. 4.
Open season.
The open season for spearing through the ice is November 15
deleted text begin todeleted text end new text begin throughnew text end the last Sunday in February.
Sec. 84.
Minnesota Statutes 2022, section 97C.395, subdivision 1, is amended to read:
Subdivision 1.
Dates for certain species.
(a) The open seasons to take fish by angling
are as follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth
bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend deleted text begin todeleted text end new text begin throughnew text end
the last Sunday in February;
(2) for lake trout, from January 1 deleted text begin todeleted text end new text begin throughnew text end October 31;
(3) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located outside or partially within the Boundary Waters Canoe Area,
from January 15 deleted text begin todeleted text end new text begin throughnew text end March 31;
(4) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located entirely within the Boundary Waters Canoe Area, from January
1 deleted text begin todeleted text end new text begin throughnew text end March 31;
(5) for brown trout, brook trout, rainbow trout, and splake, between January 1 deleted text begin todeleted text end new text begin throughnew text end
October 31 as prescribed by the commissioner by rule except as provided in section 97C.415,
subdivision 2; and
(6) for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the state where fish are spawning
and closing the season will protect the resource.
Sec. 85.
Minnesota Statutes 2022, section 97C.601, subdivision 1, is amended to read:
Subdivision 1.
Season.
The open season for frogs is May 16 deleted text begin todeleted text end new text begin throughnew text end March 31. The
commissioner may, by rule, establish closed seasons in specified areas.
Sec. 86.
Minnesota Statutes 2022, section 97C.605, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Resident angling license requireddeleted text end new text begin Taking turtles; requirementsnew text end .
deleted text begin In
addition to any other license required in this section,deleted text end new text begin (a) new text end A person may not take, possess,
or transport turtles without a resident angling licensedeleted text begin , except as provided in subdivision 2cdeleted text end new text begin
and a recreational turtle licensenew text end .
new text begin
(b) Turtles taken from the wild are for personal use only and may not be resold.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 87.
Minnesota Statutes 2022, section 97C.605, subdivision 2c, is amended to read:
Subd. 2c.
License exemptions.
new text begin (a) new text end A person does not need deleted text begin a turtle seller's license or an
angling licensedeleted text end new text begin the licenses specified under subdivision 1new text end :
deleted text begin
(1) when buying turtles for resale at a retail outlet;
deleted text end
new text begin
(1) when buying turtles from a licensed aquatic farm or licensed private fish hatchery
for resale at a retail outlet or restaurant;
new text end
(2) when buying a turtle at a retail outlet;
deleted text begin
(3) if the person is a nonresident buying a turtle from a licensed turtle seller for export
out of state. Shipping documents provided by the turtle seller must accompany each shipment
exported out of state by a nonresident. Shipping documents must include: name, address,
city, state, and zip code of the buyer; number of each species of turtle; and name and license
number of the turtle seller; or
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end to take, possess, and rent deleted text begin or selldeleted text end up to 25 turtles greater than four inches in length
for the purpose of providing the turtles to participants at a nonprofit turtle race, if the person
is a resident under age 18. The person is responsible for the well-being of the turtlesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) if under 16 years of age when possessing turtles. Notwithstanding any other law to
the contrary, a person under the age of 16 may possess, without a license, up to three snapping
or western painted turtles, provided the turtles are possessed for personal use and are within
the applicable length and width requirements.
new text end
new text begin
(b) A person with an aquatic farm license with a turtle endorsement or a private fish
hatchery license with a turtle endorsement may sell, obtain, possess, transport, and propagate
turtles and turtle eggs without the licenses specified under subdivision 1.
new text end
new text begin
(c) Turtles possessed under this subdivision may not be released back into the wild.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 88.
Minnesota Statutes 2022, section 97C.605, subdivision 3, is amended to read:
Subd. 3.
Taking; methods prohibited.
deleted text begin (a)deleted text end A person may not take turtles by using:
(1) explosives, drugs, poisons, lime, and other harmful substances;
(2) trapsdeleted text begin , except as provided in paragraph (b) and rules adopted under this sectiondeleted text end ;
(3) nets other than anglers' fish landing nets;
(4) commercial equipmentdeleted text begin , except as provided in rules adopted under this sectiondeleted text end ;
(5) firearms and ammunition;
(6) bow and arrow or crossbow; or
(7) spears, harpoons, or any other implements that impale turtles.
deleted text begin
(b) Until new rules are adopted under this section, a person with a turtle seller's license
may take turtles with a floating turtle trap that:
deleted text end
deleted text begin
(1) has one or more openings above the water surface that measure at least ten inches
by four inches; and
deleted text end
deleted text begin
(2) has a mesh size of not less than one-half inch, bar measure.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 89.
Minnesota Statutes 2022, section 97C.611, is amended to read:
97C.611 TURTLE SPECIES; LIMITS.
Subdivision 1.
Snapping turtles.
A person may not possess more than three snapping
turtles of the species Chelydra serpentina deleted text begin without a turtle seller's licensedeleted text end . Until new rules
are adopted under section 97C.605, a person may not take snapping turtles of a size less
than ten inches wide including curvature, measured from side to side across the shell at
midpoint. After new rules are adopted under section 97C.605, a person may only take
snapping turtles of a size specified in the adopted rules.
Subd. 2.
Western painted turtles.
(a) A person may not possess more than three Western
painted turtles of the species Chrysemys picta deleted text begin without a turtle seller's licensedeleted text end . Western
painted turtles must be between 4 and 5-1/2 inches in shell length.
(b) This subdivision does not apply to persons acting under section 97C.605, subdivision
2c, deleted text begin clause (4)deleted text end new text begin paragraph (a)new text end .
deleted text begin Subd. 3. deleted text end
deleted text begin Spiny softshell. deleted text end
deleted text begin
A person may not possess spiny softshell turtles of the species
Apalone spinifera after December 1, 2021, without an aquatic farm or private fish hatchery
license with a turtle endorsement.
deleted text end
Subd. 4.
Other species.
A person may not possess any other species of turtle deleted text begin withoutdeleted text end new text begin
except withnew text end an aquatic farm or private fish hatchery license with a turtle endorsement or as
specified under section 97C.605, subdivision 2c.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 90.
Minnesota Statutes 2022, section 97C.836, is amended to read:
97C.836 LAKE SUPERIOR LAKE TROUT; EXPANDED ASSESSMENT
HARVEST.
The commissioner shall provide for taking of lake trout by licensed commercial operators
in Lake Superior management zones MN-3 and MN-2 for expanded assessment and sale.
The commissioner shall authorize expanded assessment taking and sale of lake trout in Lake
Superior management zone MN-3 beginning annually in 2007 and zone MN-2 beginning
annually in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in zone
MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary to protect
the lake trout population or to manage the effects of invasive species or fish disease. Taking
lake trout for expanded assessment and sale shall be allowed from June 1 deleted text begin todeleted text end new text begin throughnew text end
September 30, but may end earlier in the respective zones if the quotas are reached. The
quotas must be reassessed at the expiration of the current ten-year Fisheries Management
Plan for the Minnesota Waters of Lake Superior.
Sec. 91.
Minnesota Statutes 2022, section 103G.005, is amended by adding a subdivision
to read:
new text begin Subd. 9c. new text end
new text begin Ecosystem harm. new text end
new text begin
"Ecosystem harm" means to change the biological
community and ecology in a manner that results in loss of ecological structure or function.
new text end
Sec. 92.
Minnesota Statutes 2022, section 103G.005, is amended by adding a subdivision
to read:
new text begin Subd. 13b. new text end
new text begin Negative impact to surface waters. new text end
new text begin
"Negative impact to surface waters"
means a change in hydrology sufficient to cause aquatic ecosystem harm or alter riparian
uses long term.
new text end
Sec. 93.
Minnesota Statutes 2022, section 103G.005, is amended by adding a subdivision
to read:
new text begin Subd. 15i. new text end
new text begin Sustainable diversion limit. new text end
new text begin
"Sustainable diversion limit" means a maximum
amount of water that can be removed directly or indirectly from a surface water body in a
defined geographic area on a monthly or annual basis without causing a negative impact to
the surface water body.
new text end
Sec. 94.
new text begin
[103G.134] ORDERS AND INVESTIGATIONS.
new text end
new text begin
The commissioner has the following powers and duties when acting pursuant to the
enforcement provisions of this chapter:
new text end
new text begin
(1) to adopt, issue, reissue, modify, deny, revoke, enter into, or enforce reasonable orders,
schedules of compliance, and stipulation agreements;
new text end
new text begin
(2) to issue notices of violation;
new text end
new text begin
(3) to require a person holding a permit issued under this chapter or otherwise impacting
the public waters of the state without a permit issued under this chapter to:
new text end
new text begin
(i) make reports;
new text end
new text begin
(ii) install, use, and maintain monitoring equipment or methods;
new text end
new text begin
(iii) perform tests according to methods, at locations, at intervals, and in a manner as
the commissioner prescribes; and
new text end
new text begin
(iv) provide other information as the commissioner may reasonably require; and
new text end
new text begin
(4) to conduct investigations; issue notices, public and otherwise; and order hearings as
the commissioner deems necessary or advisable to discharge duties under this chapter,
including but not limited to issuing permits and authorizing an employee or agent appointed
by the commissioner to conduct the investigations and other authorities cited in this section.
new text end
Sec. 95.
new text begin
[103G.146] DUTY OF CANDOR.
new text end
new text begin
(a) A person must not knowingly:
new text end
new text begin
(1) make a false statement of fact or fail to correct a false statement of material fact
regarding any matter pertaining to this chapter;
new text end
new text begin
(2) fail to disclose information that the person knows is necessary for the commissioner
to make an informed decision under this chapter; or
new text end
new text begin
(3) offer information that the person knows to be false.
new text end
new text begin
(b) If a person has offered material information to the commissioner and the person
comes to know the information is false, the person must take reasonable remedial measures
to provide the accurate information.
new text end
Sec. 96.
new text begin
[103G.216] REPORTING FISH KILLS IN PUBLIC WATERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section and section 103G.2165, "fish
kill" means an incident resulting in the death of 25 or more fish within one linear mile of a
flowing water or 25 or more fish within a square mile of a nonflowing water, excluding fish
lawfully taken under the game and fish laws.
new text end
new text begin Subd. 2. new text end
new text begin Reporting requirement. new text end
new text begin
A state or county staff person or official who works
with natural resources or agriculture and who learns of a fish kill in public waters must
report the location of the fish kill to the Minnesota state duty officer within one hour of
being notified of a fish kill or within four hours of first observing the fish kill. The Minnesota
state duty officer must alert the Departments of Natural Resources and Health and the
Pollution Control Agency of the location of the fish kill within one hour of being notified
of the fish kill.
new text end
Sec. 97.
new text begin
[103G.2165] DEVELOPMENT OF FISH KILL RESPONSE PROTOCOL.
new text end
new text begin Subdivision 1. new text end
new text begin Development of protocol. new text end
new text begin
By October 1, 2024, the commissioner of the
Pollution Control Agency, in consultation with the commissioners of health, natural resources,
and agriculture, must update the fish kill response guidance by developing a protocol. The
protocol must consist of steps that state agencies responding to a report of a fish kill under
section 103G.216 must take to ascertain on the basis of sound scientific evidence the factors
contributing to the fish kill, as well as a plan to notify the public of potential hazards. The
protocol must address:
new text end
new text begin
(1) the number and species of fish and other aquatic creatures to be sampled from the
body of water in which the fish kill occurred;
new text end
new text begin
(2) the locations from which samples described in clause (1) should be taken;
new text end
new text begin
(3) the number and location of water samples to be taken from the body of water in
which the fish kill occurred as well as tributary streams and private wells with landowner
consent within a one-half-mile radius;
new text end
new text begin
(4) the number and location of soil and groundwater samples to be taken to ascertain
whether contaminants traveled overland or underground to reach the body of water in which
the fish kill occurred;
new text end
new text begin
(5) sampling other materials located near the area of the fish kill that should be done,
including but not limited to vegetation and manure, that may indicate the presence of
contaminants that may have contributed to the fish kill;
new text end
new text begin
(6) developing a comprehensive list of contaminants, including degradation products,
for which the materials sampled in clauses (3) to (5) should be tested;
new text end
new text begin
(7) the appropriate concentration limits to be used in testing samples for the presence
of contaminants, allowing for the possibility that the fish kill may have resulted from the
interaction of two or more contaminants present at concentrations below the level associated
with toxic effects resulting from exposure to each individual chemical;
new text end
new text begin
(8) proper handling, storage, and treatment necessary to preserve the integrity of the
samples described in this subdivision to maximize the information the samples can yield
regarding the cause of the fish kill;
new text end
new text begin
(9) the organs and other parts of the fish and other aquatic creatures that should be
analyzed to maximize the information the samples can yield regarding the cause of the fish
kill;
new text end
new text begin
(10) identifying a rapid response team of interagency staff or an independent contractor
with the necessary data collection equipment that can travel to the site of the fish kill to
collect samples within 24 to 48 hours of the incident;
new text end
new text begin
(11) a communications plan with a health-risk assessment to notify potentially impacted
downstream users of the surface water of the potential hazards and those in the vicinity
whose public or private water supply from surface water or groundwater may be impacted;
and
new text end
new text begin
(12) a process to identify existing rules or regulatory processes that should be reviewed
and potentially revised in the fish kill investigation and report. Investigation reports for fish
kills deemed unnatural must identify the probable causes and include state agency
recommendations for preventing similar incidents in the future.
new text end
new text begin Subd. 2. new text end
new text begin Implementation. new text end
new text begin
The commissioner of the Pollution Control Agency must
submit the protocol to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over environment and natural resources. Once the protocol
has been submitted, the state agencies must follow the protocol when responding to a fish
kill.
new text end
new text begin Subd. 3. new text end
new text begin Updating protocol. new text end
new text begin
The parties named in subdivision 1 must review and update
the protocol every five years.
new text end
Sec. 98.
Minnesota Statutes 2022, section 103G.271, subdivision 6, is amended to read:
Subd. 6.
Water-use permit; processing fee.
(a) Except as described in paragraphs (b)
to (g), a water-use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water-use permit in force
at any time during the year. Fees collected under this paragraph are credited to the water
management account in the natural resources fund. The schedule is as follows, with the
stated fee in each clause applied to the total amount appropriated:
(1) $140 for amounts not exceeding 50,000,000 gallons per year;
(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;
(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than
150,000,000 gallons per year;
(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
than 200,000,000 gallons per year;
(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than
250,000,000 gallons per year;
(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
than 300,000,000 gallons per year;
(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than
350,000,000 gallons per year;
(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
than 400,000,000 gallons per year;
(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than
450,000,000 gallons per year;
(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less
than 500,000,000 gallons per year; and
(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
(b) For once-through cooling systems, a water-use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water-use
permit in force at any time during the year:
(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
(2) for all other users, $420 per 1,000,000 gallons.
(c) The fee is payable based on the amount of water appropriated during the year and,
except as provided in paragraph (f), the minimum fee is $100.
(d) For water-use processing fees other than once-through cooling systems:
(1) the fee for a city of the first class may not exceed $250,000 per year;
(2) the fee for other entities for any permitted use may not exceed:
(i) $60,000 per year for an entity holding three or fewer permits;
(ii) $90,000 per year for an entity holding four or five permits; or
(iii) $300,000 per year for an entity holding more than five permits;
(3) the fee for agricultural irrigation may not exceed $750 per year;
(4) the fee for a municipality that furnishes electric service and cogenerates steam for
home heating may not exceed $10,000 for its permit for water use related to the cogeneration
of electricity and steam;
(5) the fee for a facility that temporarily diverts a water of the state from its natural
channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per
year. A permit for such a facility does not count toward the number of permits held by an
entity as described in this paragraph; and
(6) no fee is required for a project involving the appropriation of surface water to prevent
flood damage or to remove flood waters during a period of flooding, as determined by the
commissioner.
(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.
(f) The minimum water-use processing fee for a permit issued for irrigation of agricultural
land is $20 for years in which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive days between May 1 and
October 1.
(g) The commissioner shall waive the water-use permit fee for installations and projects
that use stormwater runoff or where public entities are diverting water to treat a water quality
issue and returning the water to its source without using the water for any other purpose,
unless the commissioner determines that the proposed use adversely affects surface water
or groundwater.
(h) A surcharge of deleted text begin $30deleted text end new text begin $50new text end per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of new text begin May,
new text end June, July, deleted text begin anddeleted text end Augustnew text begin , and Septembernew text end that exceeds the volume of water used in January
for municipal water use, irrigation of golf courses, and landscape irrigation. The surcharge
for municipalities with more than one permit shall be determined based on the total
appropriations from all permits that supply a common distribution system.
Sec. 99.
Minnesota Statutes 2022, section 103G.287, subdivision 2, is amended to read:
Subd. 2.
Relationship to surface water resources.
Groundwater appropriations deleted text begin that
will have negative impacts to surface waters are subject to applicable provisions in section
103G.285deleted text end new text begin may be authorized only if they avoid known negative impacts to surface watersnew text end .new text begin
If the commissioner determines that groundwater appropriations are having a negative
impact to surface waters, the commissioner may use a sustainable diversion limit or other
relevant method, tools, or information to implement measures so that groundwater
appropriations do not negatively impact the surface waters.
new text end
Sec. 100.
Minnesota Statutes 2022, section 103G.287, subdivision 3, is amended to read:
Subd. 3.
Protecting groundwater supplies.
The commissioner may establish water
appropriation limits to protect groundwater resources. When establishing water appropriation
limits to protect groundwater resources, the commissioner must consider the sustainability
of the groundwater resource, including the current and projected water levels, new text begin cumulative
withdrawal rates from the resource on a monthly or annual basis, new text end water quality, whether
the use protects ecosystems, and the ability of future generations to meet their own needs.new text begin
The commissioner may consult with the commissioners of health, agriculture, and the
Pollution Control Agency and other state entities when determining the impacts on water
quality and quantity.
new text end
Sec. 101.
Minnesota Statutes 2022, section 103G.299, subdivision 1, is amended to read:
Subdivision 1.
Authority to issue new text begin administrative new text end penalty orders.
(a) As provided in
paragraph (b), the commissioner may issue an order requiring violations to be corrected
and administratively assessing monetary penalties for violations of sections 103G.271 and
103G.275, and any rules adopted under those sections.
(b) An order under this section may be issued to a person for water appropriation activities
without a required permitnew text begin or for violating the terms of a required permitnew text end .
(c) The order must be issued as provided in this section and in accordance with the plan
prepared under subdivision 12.
Sec. 102.
Minnesota Statutes 2022, section 103G.299, subdivision 2, is amended to read:
Subd. 2.
Amount of penalty; considerations.
(a) The commissioner may issue orders
assessing administrative penalties deleted text begin based on potential for harm and deviation from compliance.
For a violation that presents:deleted text end new text begin up to $40,000.
new text end
deleted text begin
(1) a minor potential for harm and deviation from compliance, the penalty will be no
more than $1,000;
deleted text end
deleted text begin
(2) a moderate potential for harm and deviation from compliance, the penalty will be
no more than $10,000; and
deleted text end
deleted text begin
(3) a severe potential for harm and deviation from compliance, the penalty will be no
more than $20,000.
deleted text end
(b) In determining the amount of a penalty the commissioner may consider:
(1) the gravity of the violation, including potential for, or real, damage to the public
interest or natural resources of the state;
(2) the history of past violations;
(3) the number of violations;
(4) the economic benefit gained by the person by allowing or committing the violation
based on data from local or state bureaus or educational institutions; and
(5) other factors as justice may require, if the commissioner specifically identifies the
additional factors in the commissioner's order.
(c) For a violation after an initial violation, including a continuation of the initial violation,
the commissioner must, in determining the amount of a penalty, consider the factors in
paragraph (b) and the:
(1) similarity of the most recent previous violation and the violation to be penalized;
(2) time elapsed since the last violation;
(3) number of previous violations; and
(4) response of the person to the most recent previous violation identified.
Sec. 103.
Minnesota Statutes 2022, section 103G.299, subdivision 5, is amended to read:
Subd. 5.
Penalty.
(a) new text begin Except as provided in paragraph (b), if the commissioner determines
that the violation has been corrected or appropriate steps have been taken to correct the
action, the penalty must be forgiven. new text end Unless the person requests review of the order under
subdivision 6 or 7 before the penalty is due, the penalty in the order is due and payable:
(1) on the 31st day after the order was received, if the person subject to the order fails
to provide information to the commissioner showing that the violation has been corrected
or that appropriate steps have been taken toward correcting the violation; or
(2) on the 20th day after the person receives the commissioner's determination under
subdivision 4, paragraph (c), if the person subject to the order has provided information to
the commissioner that the commissioner determines is not sufficient to show that the violation
has been corrected or that appropriate steps have been taken toward correcting the violation.
(b)new text begin For repeated or serious violations, the commissioner may issue an order with a penalty
that is not forgiven after the corrective action is taken.new text end The penalty is due deleted text begin bydeleted text end 31 days after
the order deleted text begin wasdeleted text end new text begin isnew text end received, unless review of the order under subdivision 6 or 7 deleted text begin has beendeleted text end new text begin isnew text end
sought.
(c) Interest at the rate established in section 549.09 begins to accrue on penalties under
this subdivision on the 31st day after the order with the penalty deleted text begin wasdeleted text end new text begin isnew text end received.
Sec. 104.
Minnesota Statutes 2022, section 103G.299, subdivision 10, is amended to read:
Subd. 10.
Cumulative remedy.
The authority of the commissioner to issue a corrective
order assessing penalties is in addition to other remedies available under statutory or common
lawdeleted text begin , except that the state may not seek civil penalties under any other provision of law for
the violations covered by the administrative penalty orderdeleted text end . The payment of a penalty does
not preclude the use of other enforcement provisionsdeleted text begin , under which penalties are not assessed,deleted text end
in connection with the violation for which the penalty was assessed.
Sec. 105.
new text begin
[103G.2991] PENALTIES; ENFORCEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Civil penalties. new text end
new text begin
(a) The commissioner, according to section 103G.134,
may issue a notice to a person who violates:
new text end
new text begin
(1) this chapter;
new text end
new text begin
(2) a permit issued under this chapter or a term or condition of a permit issued under
this chapter;
new text end
new text begin
(3) a duty under this chapter to permit an inspection, entry, or monitoring activity or a
duty under this chapter to carry out an inspection or monitoring activity;
new text end
new text begin
(4) a rule adopted under this chapter;
new text end
new text begin
(5) a stipulation agreement, variance, or schedule of compliance entered into under this
chapter; or
new text end
new text begin
(6) an order issued by the commissioner under this chapter.
new text end
new text begin
(b) A person issued a notice forfeits and must pay to the state a penalty, in an amount
to be determined by the district court, of not more than $10,000 per day of violation.
new text end
new text begin
(c) In the discretion of the district court, a defendant under this section may be required
to:
new text end
new text begin
(1) forfeit and pay to the state a sum that adequately compensates the state for the
reasonable value of restoration, monitoring, and other expenses directly resulting from the
unauthorized use of or damage to natural resources of the state; and
new text end
new text begin
(2) forfeit and pay to the state an additional sum to constitute just compensation for any
damage, loss, or destruction of the state's natural resources and for other actual damages to
the state caused by an unauthorized use of natural resources of the state.
new text end
new text begin
(d) As a defense to damages assessed under paragraph (c), a defendant may prove that
the violation was caused solely by:
new text end
new text begin
(1) an act of God;
new text end
new text begin
(2) an act of war;
new text end
new text begin
(3) negligence on the part of the state;
new text end
new text begin
(4) an act or failure to act that constitutes sabotage or vandalism; or
new text end
new text begin
(5) any combination of clauses (1) to (4).
new text end
new text begin
(e) The civil penalties and damages provided for in this subdivision may be recovered
by a civil action brought by the attorney general in the name of the state in Ramsey County
District Court. Civil penalties and damages provided for in this subdivision may be resolved
by the commissioner through a negotiated stipulation agreement according to the authority
granted to the commissioner in section 103G.134.
new text end
new text begin Subd. 2. new text end
new text begin Enforcement. new text end
new text begin
This chapter and rules, standards, orders, stipulation agreements,
schedules of compliance, and permits adopted or issued by the commissioner under this
chapter or any other law for preventing, controlling, or abating damage to natural resources
may be enforced by one or more of the following:
new text end
new text begin
(1) criminal prosecution;
new text end
new text begin
(2) action to recover civil penalties;
new text end
new text begin
(3) injunction;
new text end
new text begin
(4) action to compel performance; or
new text end
new text begin
(5) other appropriate action according to this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Injunctions. new text end
new text begin
A violation of this chapter or rules, standards, orders, stipulation
agreements, variances, schedules of compliance, and permits adopted or issued under this
chapter constitutes a public nuisance and may be enjoined as provided by law in an action,
in the name of the state, brought by the attorney general.
new text end
new text begin Subd. 4. new text end
new text begin Actions to compel performance. new text end
new text begin
(a) In an action to compel performance of
an order issued by the commissioner for any purpose related to preventing, controlling, or
abating damage to natural resources under this chapter, the court may require a defendant
adjudged responsible to do and perform any and all acts set forth in the commissioner's
order and all things within the defendant's power that are reasonably necessary to accomplish
the purposes of the order.
new text end
new text begin
(b) If a municipality or its governing or managing body or any of its officers is a
defendant, the court may require the municipality to exercise its powers, without regard to
any limitation of a requirement for an election or referendum imposed thereon by law and
without restricting the powers of the commissioner, to do any or all of the following, without
limiting the generality hereof:
new text end
new text begin
(1) levy taxes or special assessments;
new text end
new text begin
(2) prescribe service or use charges;
new text end
new text begin
(3) borrow money;
new text end
new text begin
(4) issue bonds;
new text end
new text begin
(5) employ assistance;
new text end
new text begin
(6) acquire real or personal property;
new text end
new text begin
(7) let contracts;
new text end
new text begin
(8) otherwise provide for doing work or constructing, installing, maintaining, or operating
facilities; and
new text end
new text begin
(9) do all acts and things reasonably necessary to accomplish the purposes of the
commissioner's order.
new text end
new text begin
(c) The court must grant a municipality under paragraph (b) the opportunity to determine
the appropriate financial alternatives to be used to comply with the court-imposed
requirements.
new text end
new text begin
(d) An action brought under this subdivision must be venued in Ramsey County District
Court.
new text end
Sec. 106.
Minnesota Statutes 2022, section 103G.301, subdivision 2, is amended to read:
Subd. 2.
Permit application and notification fees.
(a) A fee to defray the costs of
receiving, recording, and processing must be paid for a permit application authorized under
this chapter, except for a general permit application, for each request to amend or transfer
an existing permit, and for a notification to request authorization to conduct a project under
a general permit. Fees established under this subdivision, unless specified in paragraph (c),
must comply with section 16A.1285.
(b) Proposed projects that require water in excess of 100 million gallons per year must
be assessed fees to recover the costs incurred to evaluate the project and the costs incurred
for environmental review. Fees collected under this paragraph must be credited to an account
in the natural resources fund and are appropriated to the commissioner.
(c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b), is $150. The application fee for a permit to construct or repair a dam that is
subject to a dam safety inspection, to work in public waters, or to divert waters for mining
must be at least deleted text begin $300deleted text end new text begin $1,200new text end , but not more than deleted text begin $3,000deleted text end new text begin $12,000new text end . The fee for a notification
to request authorization to conduct a project under a general permit is deleted text begin $100deleted text end new text begin $400new text end .
Sec. 107.
Minnesota Statutes 2022, section 103G.301, subdivision 6, is amended to read:
Subd. 6.
Filing application.
An application for a permit must be filed with the
commissioner deleted text begin anddeleted text end new text begin .new text end If the proposed activity for which the permit is requested is within a
municipality, deleted text begin ordeleted text end is within or affects a watershed district or a soil and water conservation
district, new text begin or is within the boundaries of a reservation or Tribal community of a federally
recognized Indian Tribe in Minnesota, new text end a copy of the application with maps, plans, and
specifications must be served on the mayor of the municipality, the secretary of the board
of managers of the watershed district, deleted text begin anddeleted text end the secretary of the board of supervisors of the
soil and water conservation districtdeleted text begin .deleted text end new text begin , or the Tribal chair of the federally recognized Indian
Tribe, as applicable. For purposes of this section, "federally recognized Indian Tribe" means
the Minnesota Tribal governments listed in section 10.65, subdivision 2.
new text end
Sec. 108.
Minnesota Statutes 2022, section 103G.301, subdivision 7, is amended to read:
Subd. 7.
Recommendation of local units of governmentnew text begin and federally recognized
Indian Tribesnew text end .
(a) If the proposed activity for which the permit is requested is within a
municipality, or is within or affects a watershed district or a soil and water conservation
district, the commissioner may obtain a written recommendation of the managers of the
district and the board of supervisors of the soil and water conservation district or the mayor
of the municipality before issuing or denying the permit.
(b) The managers, supervisors, or mayor must file a recommendation within 30 days
after receiving of a copy of the application for permit.
new text begin
(c) If the proposed activity for which the permit is requested is within the boundaries of
a reservation or Tribal community of a federally recognized Indian Tribe in Minnesota, the
federally recognized Indian Tribe may:
new text end
new text begin
(1) submit recommendations to the commissioner within 30 days of receiving the
application; or
new text end
new text begin
(2) request Tribal consultation according to section 10.65 within 30 days of receiving
the application.
new text end
new text begin
(d) If Tribal consultation is requested under paragraph (c), clause (2), a permit application
is not complete until after the consultation occurs or 90 days after the request for consultation
is made, whichever is sooner.
new text end
Sec. 109.
Minnesota Statutes 2022, section 168.1295, subdivision 1, is amended to read:
Subdivision 1.
General requirements and procedures.
(a) The commissioner shall
issue state parks and trails plates to an applicant who:
(1) is a registered owner of a passenger automobile, recreational vehicle, one-ton pickup
truck, or motorcycle;
(2) pays a fee in the amount specified for special plates under section 168.12, subdivision
5;
(3) pays the registration tax required under section 168.013;
(4) pays the fees required under this chapter;
(5) contributes a minimum of deleted text begin $60deleted text end new text begin $70new text end annually to the state parks and trails donation
account established in section 85.056; and
(6) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.
(b) The state parks and trails plate application must indicate that the contribution specified
under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the
applicant may make an additional contribution to the account.
(c) State parks and trails plates may be personalized according to section 168.12,
subdivision 2a.
Sec. 110.
Minnesota Statutes 2022, section 171.07, is amended by adding a subdivision
to read:
new text begin Subd. 20. new text end
new text begin Watercraft operator's permit. new text end
new text begin
(a) The department must maintain in its
records information transmitted electronically from the commissioner of natural resources
identifying each person to whom the commissioner has issued a watercraft operator's permit.
The records transmitted from the Department of Natural Resources must contain the full
name and date of birth as required for the driver's license or identification card. Records
that are not matched to a driver's license or identification card record may be deleted after
seven years.
new text end
new text begin
(b) After receiving information under paragraph (a) that a person has received a watercraft
operator's permit, the department must include on all drivers' licenses or Minnesota
identification cards subsequently issued to the person a graphic or written indication that
the person has received the permit.
new text end
new text begin
(c) If a person who has received a watercraft operator's permit applies for a driver's
license or Minnesota identification card before that information has been transmitted to the
department, the department may accept a copy of the certificate as proof of its issuance and
must then follow the procedures in paragraph (b).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 111.
Minnesota Statutes 2022, section 297A.94, is amended to read:
297A.94 DEPOSIT OF REVENUES.
(a) Except as provided in this section, the commissioner shall deposit the revenues,
including interest and penalties, derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.
(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and services purchased for the
construction and operation of an agricultural resource project; and
(2) the purchase was made on or after the date on which a conditional commitment was
made for a loan guaranty for the project under section 41A.04, subdivision 3.
The commissioner of management and budget shall certify to the commissioner the date on
which the project received the conditional commitment. The amount deposited in the loan
guaranty account must be reduced by any refunds and by the costs incurred by the Department
of Revenue to administer and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including interest and penalties, derived
from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3,
paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:
(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the balance to the general fund.
(d) Beginning with sales taxes remitted after July 1, 2017, the commissioner shall deposit
in the state treasury the revenues collected under section 297A.64, subdivision 1, including
interest and penalties and minus refunds, and credit them to the highway user tax distribution
fund.
(e) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.
(f) Beginning with sales taxes remitted after July 1, 2017, in conjunction with the deposit
of revenues under paragraph (d), the commissioner shall deposit into the state treasury and
credit to the highway user tax distribution fund an amount equal to the estimated revenues
derived from the tax rate imposed under section 297A.62, subdivision 1, on the lease or
rental for not more than 28 days of rental motor vehicles subject to section 297A.64. The
commissioner shall estimate the amount of sales tax revenue deposited under this paragraph
based on the amount of revenue deposited under paragraph (d).
(g) The commissioner shall deposit an amount of the remittances monthly into the state
treasury and credit them to the highway user tax distribution fund as a portion of the estimated
amount of taxes collected from the sale and purchase of motor vehicle repair and replacement
parts in that month. The monthly deposit amount is $12,137,000. For purposes of this
paragraph, "motor vehicle" has the meaning given in section 297B.01, subdivision 11, and
"motor vehicle repair and replacement parts" includes (i) all parts, tires, accessories, and
equipment incorporated into or affixed to the motor vehicle as part of the motor vehicle
maintenance and repair, and (ii) paint, oil, and other fluids that remain on or in the motor
vehicle as part of the motor vehicle maintenance or repair. For purposes of this paragraph,
"tire" means any tire of the type used on highway vehicles, if wholly or partially made of
rubber and if marked according to federal regulations for highway use.
(h) deleted text begin 72.43deleted text end new text begin 78.06new text end percent of the revenues, including interest and penalties, transmitted to
the commissioner under section 297A.65, must be deposited by the commissioner in the
state treasury as follows:
(1) 50 percent of the receipts must be deposited in the heritage enhancement account in
the game and fish fund, and may be spent only on activities that improve, enhance, or protect
fish and wildlife resources, including conservation, restoration, and enhancement of land,
water, and other natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only on metropolitan park and trail grants;
(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the natural resources fund, and may
be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory,
and the Duluth Zoo.
(i) The revenue dedicated under paragraph (h) may not be used as a substitute for
traditional sources of funding for the purposes specified, but the dedicated revenue shall
supplement traditional sources of funding for those purposes. Land acquired with money
deposited in the game and fish fund under paragraph (h) must be open to public hunting
and fishing during the open season, except that in aquatic management areas or on lands
where angling easements have been acquired, fishing may be prohibited during certain times
of the year and hunting may be prohibited. At least 87 percent of the money deposited in
the game and fish fund for improvement, enhancement, or protection of fish and wildlife
resources under paragraph (h) must be allocated for field operations.
(j) The commissioner must deposit the revenues, including interest and penalties minus
any refunds, derived from the sale of items regulated under section 624.20, subdivision 1,
that may be sold to persons 18 years old or older and that are not prohibited from use by
the general public under section 624.21, in the state treasury and credit:
(1) 25 percent to the volunteer fire assistance grant account established under section
88.068;
(2) 25 percent to the fire safety account established under section 297I.06, subdivision
3; and
(3) the remainder to the general fund.
For purposes of this paragraph, the percentage of total sales and use tax revenue derived
from the sale of items regulated under section 624.20, subdivision 1, that are allowed to be
sold to persons 18 years old or older and are not prohibited from use by the general public
under section 624.21, is a set percentage of the total sales and use tax revenues collected in
the state, with the percentage determined under Laws 2017, First Special Session chapter
1, article 3, section 39.
(k) The revenues deposited under paragraphs (a) to (j) do not include the revenues,
including interest and penalties, generated by the sales tax imposed under section 297A.62,
subdivision 1a, which must be deposited as provided under the Minnesota Constitution,
article XI, section 15.
Sec. 112. new text begin HOUSTON OHV TRAIL; REPORT.
new text end
new text begin
By January 15, 2024, the commissioner of natural resources must submit a report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over environment and natural resources providing a brief history of the efforts
to establish an off-highway vehicle trail in Houston County, the current status, and next
steps.
new text end
Sec. 113. new text begin STATE PARK LICENSE PLATE DESIGN CONTEST.
new text end
new text begin
The commissioner of natural resources must hold a license plate design contest to design
a new state park license plate available under Minnesota Statutes, section 168.1295,
subdivision 1.
new text end
Sec. 114. new text begin UPPER SIOUX AGENCY STATE PARK; LAND TRANSFER.
new text end
new text begin
(a) The commissioner of natural resources must convey for no consideration all
state-owned land within the boundaries of Upper Sioux Agency State Park to the Upper
Sioux Community.
new text end
new text begin
(b) Upon approval by the Minnesota Historical Society's Executive Council, the
Minnesota Historical Society may convey for no consideration state-owned land and real
property in the Upper Sioux Agency Historic Site, as defined in Minnesota Statutes, section
138.662, subdivision 33, to the Upper Sioux Community. In cooperation with the
commissioner of natural resources, the Minnesota Historical Society must identify any
funding restrictions or other legal barriers to conveying the land.
new text end
new text begin
(c) By January 15, 2024, the commissioner, in cooperation with the Minnesota Historical
Society, must submit a report to the chairs and ranking minority members of the legislative
committees with jurisdiction over environment and natural resources that identifies all
barriers to conveying land within Upper Sioux Agency State Park and recommendations
for addressing those barriers, including any legislation needed to eliminate those barriers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 115. new text begin REQUIRED RULEMAKING.
new text end
new text begin Subdivision 1. new text end
new text begin Snowmobile registration. new text end
new text begin
(a) The commissioner of natural resources
must amend Minnesota Rules as follows:
new text end
new text begin
(1) part 6100.5000, subpart 1, by striking the last sentence and inserting "The registration
number remains the same if renewed by July 1 following the expiration date."; and
new text end
new text begin
(2) part 6100.5700, subpart 1, item C, by striking the reference to registration numbers.
new text end
new text begin
(b) The commissioner may use the good-cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end
new text begin Subd. 2. new text end
new text begin Walk-in access program. new text end
new text begin
The commissioner of natural resources must amend
Minnesota Rules, part 6230.0250, subpart 10, item A, subitem (2), to replace the word
"hunter" with "person." The commissioner may use the good cause exempt rulemaking
procedure under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota
Statutes, section 14.386, does not apply.
new text end
Sec. 116. new text begin REGISTRATION DECAL FORMAT TRANSITION.
new text end
new text begin
Separately displaying registration numbers is not required when a larger-format
registration decal as provided under Minnesota Statutes, section 84.82, subdivision 2, is
displayed according to Minnesota Statutes, section 84.82, subdivision 3b. Snowmobiles
displaying valid but older, smaller-format registration decals must display the separate
registration numbers. Persons may obtain duplicate registration decals in the new, larger
format, when available, without being required to display the separate registration numbers.
new text end
Sec. 117. new text begin REPORT ON OPTIONS FOR FUNDING ADDITIONAL LAW
ENFORCEMENT ON ICE OF STATE WATERS.
new text end
new text begin
By January 1, 2024, the commissioner of natural resources must report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
environment and natural resources on options for funding additional enforcement of state
laws on the ice of state waters. The commissioner must work with the Minnesota Sheriffs'
Association and other stakeholders in generating the report, which must include options
and recommendations related to potential funding sources, funding levels, and allocation
of funding between the various enforcement agencies.
new text end
Sec. 118. new text begin ENFORCEMENT OFFICER BARGAINING UNITS; REPORT.
new text end
new text begin
By September 1, 2023, the commissioner of natural resources must submit a report to
the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over environment and natural resources that provides a status update on the
collective bargaining agreement for law enforcement supervisors in response to Laws 2022,
chapter 80, section 3.
new text end
Sec. 119. new text begin REPORT ON FERAL PIGS AND MINK.
new text end
new text begin
By February 15, 2024, the commissioner of natural resources, in cooperation with the
Board of Animal Health and the commissioners of agriculture and health, must submit a
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over agriculture and environment and natural resources that:
new text end
new text begin
(1) identifies the responsibilities of the Board of Animal Health and the commissioners
of natural resources, health, and agriculture for managing feral pigs and mink;
new text end
new text begin
(2) identifies any need to clarify or modify responsibilities for feral pig and mink
management; and
new text end
new text begin
(3) includes policy recommendations for managing feral pigs and mink to further prevent
negative impacts on the environment and human health.
new text end
Sec. 120. new text begin TURTLE SELLER'S LICENSES; TRANSFER AND RENEWAL.
new text end
new text begin
The commissioner of natural resources must not renew or transfer a turtle seller's license
after the effective date of this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 121. new text begin SWAN RESTITUTION VALUES; RULE AMENDMENTS.
new text end
new text begin
(a) The commissioner of natural resources must amend Minnesota Rules, part 6133.0030,
to increase the restitution value of a tundra swan from $200 to $1,000 and the restitution
value of a trumpeter swan from $1,000 to $2,500.
new text end
new text begin
(b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end
Sec. 122. new text begin NATIVE FISH CONSERVATION; REPORTS.
new text end
new text begin
(a) By August 1, 2023, the commissioner of natural resources must submit a written
update on the progress of identifying necessary protection and conservation measures for
native fish currently defined as rough fish under Minnesota Statutes, section 97A.015,
subdivision 43, including buffalo, sucker, sheepshead, bowfin, gar, goldeye, and bullhead
to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over environment and natural resources.
new text end
new text begin
(b) By December 15, 2023, the commissioner of natural resources must submit a written
report with recommendations for statutory and rule changes to provide necessary protection
and conservation measures and research needs for native fish currently designated as rough
fish to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over environment and natural resources. The
report must include recommendations for amending Minnesota Statutes to separately classify
fish that are native to Minnesota and that are currently designated as rough fish and invasive
fish that are currently designated as rough fish. For the purposes of this paragraph, native
fish include but are not limited to bowfin (Amia calva), bigmouth buffalo (Ictiobus
cyprinellus), smallmouth buffalo (Ictiobus bubalus), burbot (Lota lota), longnose gar
(Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), goldeye (Hiodon alosoides),
mooneye (Hiodon tergisus), and white sucker (Catostomus commersonii), and invasive fish
include but are not limited to bighead carp (Hypophthalmichthys nobilis), grass carp
(Ctenopharyngodon idella), and silver carp (Hypophthalmichthys molitrix).
new text end
Sec. 123. new text begin STATE TRAILS; REPORT.
new text end
new text begin
By January 15, 2024, the commissioner of natural resources must submit a report the
chairs and ranking minority members of the house of representatives and senate committees
and divisions with jurisdiction over environment and natural resources on state-authorized
trails that:
new text end
new text begin
(1) identifies state trails authorized under Minnesota Statutes;
new text end
new text begin
(2) identifies state trails that have been built and what is left to build;
new text end
new text begin
(3) includes recommendations for removing any authorized trails that cannot be built;
and
new text end
new text begin
(4) estimates the miles left to complete the authorized trail system.
new text end
Sec. 124. new text begin WATER-USE PERMITS; CITY OF LAKE ELMO.
new text end
new text begin
(a) Notwithstanding any other provision of law, the commissioner of natural resources
may:
new text end
new text begin
(1) issue permits necessary for the city of Lake Elmo to construct and operate a new
municipal water supply well; and
new text end
new text begin
(2) amend existing water-use permits issued to the city of Lake Elmo to increase the
authorized volume of water that may be appropriated under the permits to a level consistent
with the amount anticipated to be needed each year according to a water supply plan approved
by the commissioner under Minnesota Statutes, section 103G.291.
new text end
new text begin
(b) Notwithstanding paragraph (a), all new and amended water-use permits issued by
the commissioner to the city of Lake Elmo must contain the same water-use conservation
and planning measures required by law for municipal wells located wholly or partially
within the five-mile radius of White Bear Lake.
new text end
new text begin
(c) This section expires June 30, 2027.
new text end
Sec. 125. new text begin WHITE BEAR LAKE AREA WATER-USE PERMIT MODIFICATION
MORATORIUM.
new text end
new text begin
(a) Except as provided under paragraph (b), the commissioner of natural resources may
not reduce the total maximum amount of groundwater use permitted under a White Bear
Lake area water-use permit issued or amended before January 1, 2023.
new text end
new text begin
(b) Notwithstanding paragraph (a), the commissioner of natural resources may reduce
the authorized amount of groundwater use permitted or impose additional restrictions or
conditions if necessary to address emergency preparedness or other public health and safety
issues as determined by the commissioner.
new text end
new text begin
(c) Except as provided under paragraph (b), this section does not authorize the
commissioner to reduce or eliminate water-use conservation or planning conditions imposed
on municipal water appropriation permits for wells located wholly or partially within a
five-mile radius of White Bear Lake.
new text end
new text begin
(d) For the purposes of this section, "White Bear Lake area water-use permit" means a
water-use permit authorizing the use of groundwater from one or more municipal wells
located wholly or partially within a five-mile radius of White Bear Lake.
new text end
new text begin
(e) This section expires June 30, 2027.
new text end
Sec. 126. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber the subdivisions of Minnesota Statutes, section
103G.005, listed in column A to the references listed in column B. The revisor must make
necessary cross-reference changes in Minnesota Statutes and Minnesota Rules consistent
with the renumbering:
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
|
new text begin
subdivision 9b new text end |
new text begin
subdivision 9d new text end |
|
|
new text begin
subdivision 13a new text end |
new text begin
subdivision 13c new text end |
|
|
new text begin
subdivision 15h new text end |
new text begin
subdivision 15j new text end |
Sec. 127. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 84.033, subdivision 3; 84.944, subdivision 3; and
97A.145, subdivision 2,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; 6100.5700, subpart 4; and
6115.1220, subpart 8,
new text end
new text begin
are repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Statutes 2022, sections 86B.101; 86B.305; and 86B.313, subdivisions 2
and 3,
new text end
new text begin
are repealed.
new text end
new text begin
(d)
new text end
new text begin
Minnesota Rules, part 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, and 8,
new text end
new text begin
are repealed.
new text end
new text begin
(e)
new text end
new text begin
Minnesota Statutes 2022, section 97C.605, subdivisions 2, 2a, 2b, and 5,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (c) is effective July 1, 2025, and paragraphs (d) and
(e) are effective January 1, 2024.
new text end
ARTICLE 5
WATER AND SOIL RESOURCES
Section 1.
Minnesota Statutes 2022, section 103B.101, subdivision 2, is amended to read:
Subd. 2.
Voting members.
(a) The members are:
(1) three county commissioners;
(2) three soil and water conservation district supervisors;
(3) three watershed district or watershed management organization representatives;
(4) three citizens who are not employed by, or the appointed or elected officials of, a
state governmental office, board, or agency;
(5) one township officer;
(6) two elected city officials, one of whom must be from a city located in the metropolitan
area, as defined under section 473.121, subdivision 2;
(7) the commissioner of agriculture;
(8) the commissioner of health;
(9) the commissioner of natural resources;
(10) the commissioner of the Pollution Control Agency; and
(11) the director of the University of Minnesota Extension Service.
(b) Members in paragraph (a), clauses (1) to (6), must be distributed across the state
with at least four members but not more than six members from the metropolitan area, as
defined by section 473.121, subdivision 2.
(c) Members in paragraph (a), clauses (1) to (6), are appointed by the governor. In making
the appointments, the governor may consider persons recommended by the Association of
Minnesota Counties, the Minnesota Association of Townships, the League of Minnesota
Cities, the Minnesota Association of Soil and Water Conservation Districts, and the
Minnesota Association of Watershed Districts. The list submitted by an association must
contain at least three nominees for each position to be filled.
(d) The membership terms, compensation, removal of members and filling of vacancies
on the board for members in paragraph (a), clauses (1) to (6), are as provided in section
15.0575new text begin , except that a member may be compensated at the rate of up to $125 a daynew text end .
Sec. 2.
Minnesota Statutes 2022, section 103B.101, subdivision 9, is amended to read:
Subd. 9.
Powers and duties.
(a) In addition to the powers and duties prescribed
elsewhere, the board shall:
(1) coordinate the water and soil resources planning and implementation activities of
counties, soil and water conservation districts, watershed districts, watershed management
organizations, and any other local units of government through its various authorities for
approval of local plans, administration of state grants, contracts and easements, and by other
means as may be appropriate;
(2) facilitate communication and coordination among state agencies in cooperation with
the Environmental Quality Board, and between state and local units of government, in order
to make the expertise and resources of state agencies involved in water and soil resources
management available to the local units of government to the greatest extent possible;
(3) coordinate state and local interests with respect to the study in southwestern Minnesota
under United States Code, title 16, section 1009;
(4) develop information and education programs designed to increase awareness of local
water and soil resources problems and awareness of opportunities for local government
involvement in preventing or solving them;
(5) provide a forum for the discussion of local issues and opportunities relating to water
and soil resources management;
(6) adopt an annual budget and work program that integrate the various functions and
responsibilities assigned to it by law; and
(7) report to the governor and the legislature by October 15 of each even-numbered year
with an assessment of board programs and recommendations for any program changes and
board membership changes necessary to improve state and local efforts in water and soil
resources management.
(b) The board may accept grants, gifts, donations, or contributions in money, services,
materials, or otherwise from the United States, a state agency, or other source to achieve
an authorized or delegated purpose. The board may enter into a contract or agreement
necessary or appropriate to accomplish the transfer. The board may conduct or participate
in local, state, or federal programs or projects that have as one purpose or effect the
preservation or enhancement of water and soil resources and may enter into and administer
agreements with local governments or landowners or their designated agents as part of those
programs or projects. The board may receive and expend money to acquire conservation
easements, as defined in chapter 84C, on behalf of the state and federal government consistent
with deleted text begin thedeleted text end Camp Ripley's Army Compatible Use Buffer Projectnew text begin , Sentinel Landscape program,
or related conservation programsnew text end .new text begin The board may enter into agreements, including grant
agreements, with Tribal nations, federal agencies, higher education institutions, local
governments, and private sector organizations to carry out programs and other responsibilities
prescribed or allowed by statute.
new text end
(c) Any money received is hereby deposited in an account in a fund other than the general
fund and appropriated and dedicated for the purpose for which it is granted.
Sec. 3.
Minnesota Statutes 2022, section 103B.101, subdivision 16, is amended to read:
Subd. 16.
deleted text begin Water qualitydeleted text end new text begin Conservationnew text end practices; standardized specifications.
new text begin (a)
new text end The board deleted text begin of Water and Soil Resources shalldeleted text end new text begin mustnew text end work with state and federal agencies,new text begin
Tribal Nations,new text end academic institutions, local governments, practitioners, and stakeholders to
foster mutual understanding and provide recommendations for standardized specifications
for deleted text begin water quality and soildeleted text end conservation deleted text begin protection and improvementdeleted text end practices deleted text begin anddeleted text end new text begin ,new text end projectsdeleted text begin .deleted text end new text begin ,
and systems for:
new text end
new text begin
(1) erosion or sedimentation control;
new text end
new text begin
(2) improvements to water quality or water quantity;
new text end
new text begin
(3) habitat restoration and enhancement;
new text end
new text begin
(4) energy conservation; and
new text end
new text begin
(5) climate adaptation, resiliency, or mitigation.
new text end
new text begin (b)new text end The board may convene working groups or work teams to develop information,
education, and recommendations.
Sec. 4.
Minnesota Statutes 2022, section 103B.101, is amended by adding a subdivision
to read:
new text begin Subd. 18. new text end
new text begin Guidelines for establishing and enhancing native vegetation. new text end
new text begin
(a) The board
must work with state and federal agencies, Tribal Nations, academic institutions, local
governments, practitioners, and stakeholders to foster mutual understanding and to provide
recommendations for standardized specifications to establish and enhance native vegetation
to provide benefits for:
new text end
new text begin
(1) water quality;
new text end
new text begin
(2) soil conservation;
new text end
new text begin
(3) habitat enhancement;
new text end
new text begin
(4) energy conservation; and
new text end
new text begin
(5) climate adaptation, resiliency, or mitigation.
new text end
new text begin
(b) The board may convene working groups or work teams to develop information,
education, and recommendations.
new text end
Sec. 5.
Minnesota Statutes 2022, section 103B.103, is amended to read:
103B.103 EASEMENT STEWARDSHIP ACCOUNTS.
Subdivision 1.
Accounts established; sources.
(a) The water and soil conservation
easement stewardship account and the mitigation easement stewardship account are created
in the special revenue fund. The accounts consist of money credited to the accounts and
interest and other earnings on money in the accounts. The State Board of Investment must
manage the accounts to maximize long-term gain.
(b) Revenue from contributions and money appropriated for any purposes of the account
as described in subdivision 2 must be deposited in the water and soil conservation easement
stewardship account. Revenue from contributions, deleted text begin wetland bankingdeleted text end new text begin mitigationnew text end fees designated
for stewardship purposes by the board, easement stewardship payments authorized under
subdivision 3, and money appropriated for any purposes of the account as described in
subdivision 2 must be deposited in the mitigation easement stewardship account.
Subd. 2.
Appropriation; purposes of accounts.
Five percent of the balance on July 1
each year in the water and soil conservation easement stewardship account and five percent
of the balance on July 1 each year in the mitigation easement stewardship account are
annually appropriated to the board and may be spent deleted text begin onlydeleted text end to cover the costs of managing
easements held by the board, including costs associated withnew text begin :
new text end
new text begin
(1) repairing or replacing structures;
new text end
new text begin (2)new text end monitoringdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end landowner contactsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end records storage and managementdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (5)new text end processing landowner noticesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6)new text end requests for approval or amendmentsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (7)new text end enforcementdeleted text begin ,deleted text end new text begin ;new text end and
new text begin (8)new text end legal services associated with easement management activities.
Subd. 3.
Financial contributions.
The board shall seek a financial contribution to the
water and soil conservation easement stewardship account for each conservation easement
acquired by the board. The board shall seek a financial contribution or assess an easement
stewardship payment to the mitigation easement stewardship account for each wetland
deleted text begin bankingdeleted text end new text begin mitigationnew text end easement acquired by the board. Unless otherwise provided by law, the
board shall determine the amount of the contribution or payment, which must be an amount
calculated to earn sufficient money to meet the costs of managing the easement at a level
that neither significantly overrecovers nor underrecovers the costs. In determining the
amount of the financial contribution, the board shall consider:
(1) the estimated annual staff hours needed to manage the conservation easement, taking
into consideration factors such as easement type, size, location, and complexity;
(2) the average hourly wages for the class or classes of state and local employees expected
to manage the easement;
(3) the estimated annual travel expenses to manage the easement;
(4) the estimated annual miscellaneous costs to manage the easement, including supplies
and equipment, information technology support, and aerial flyovers;
(5) the estimated annualized costs of legal services, including the cost to enforce the
easement in the event of a violation;
new text begin (6) the estimated annualized costs for repairing or replacing water control structures;new text end
and
deleted text begin (6)deleted text end new text begin (7)new text end the expected rate of return on investments in the account.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
new text begin
[103B.104] LAWNS TO LEGUMES PROGRAM.
new text end
new text begin
(a) The Board of Water and Soil Resources may provide financial and technical assistance
to plant residential landscapes and community spaces with native vegetation and
pollinator-friendly forbs and legumes to protect a diversity of pollinators with declining
populations, providing additional benefits for water management, carbon sequestration, and
landscape resiliency.
new text end
new text begin
(b) The board must establish criteria for grants or payments awarded under this section.
Grants or payments awarded under this section may give priority consideration for proposals
in areas identified by the United States Fish and Wildlife Service as areas where there is a
high potential for rusty patched bumble bees and other priority species to be present.
new text end
new text begin
(c) The board may collaborate with and enter into agreements with federal, state, and
local agencies; Tribal Nations; and other nonprofit organizations and contractors to implement
and promote the program.
new text end
Sec. 7.
new text begin
[103B.105] HABITAT-FRIENDLY UTILITIES PROGRAM.
new text end
new text begin
(a) The Board of Water and Soil Resources may provide financial and technical assistance
to promote the successful establishment of native vegetation as part of utility projects,
including solar and wind projects, pipelines, and electrical transmission corridors, to:
new text end
new text begin
(1) ensure the integrity and resiliency of Minnesota landscapes; and
new text end
new text begin
(2) protect habitat and water resources.
new text end
new text begin
(b) The board must establish criteria for grants or payments awarded under this section.
Grants or payments awarded under this section may prioritize proposals in areas identified
by state and federal agencies and conservation partners for protecting high-priority natural
resources and wildlife species.
new text end
new text begin
(c) The board may collaborate with and enter into agreements with federal, state, and
local agencies; Tribal Nations; utility companies; nonprofit organizations; and contractors
to implement and promote the program.
new text end
Sec. 8.
new text begin
[103B.106] HABITAT ENHANCEMENT LANDSCAPE PROGRAM.
new text end
new text begin
(a) The Board of Water and Soil Resources may provide financial and technical assistance
to establish or enhance areas of diverse native vegetation to:
new text end
new text begin
(1) support declining populations of bees, butterflies, dragonflies, birds, and other wildlife
species that are essential for ecosystems and food production across conservation lands,
open spaces, and natural areas; and
new text end
new text begin
(2) provide additional benefits for water management, carbon sequestration, and landscape
and climate resiliency.
new text end
new text begin
(b) The board must establish criteria for grants or payments awarded under this section.
Grants or payments awarded under this section may prioritize proposals in areas identified
by state and federal agencies and conservation partners as high priority for protecting
endangered or threatened pollinator and other species.
new text end
new text begin
(c) The board may collaborate with and enter into agreements with federal, state, and
local agencies; Tribal Nations; nonprofit organizations; and contractors to implement and
promote the program.
new text end
Sec. 9.
Minnesota Statutes 2022, section 103C.501, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Cost-sharedeleted text end new text begin Programnew text end authorization.
The state board may allocate
available funds to districts deleted text begin to share the cost of systems ordeleted text end new text begin for new text end practicesnew text begin , projects, and systemsnew text end
fornew text begin :
new text end
new text begin (1)new text end erosion or sedimentation control deleted text begin ordeleted text end new text begin ;
new text end
new text begin (2) improvements tonew text end water quality deleted text begin improvement that are designed to protect and improve
soil and water resources.deleted text end new text begin or water quantity;
new text end
new text begin
(3) habitat enhancement;
new text end
new text begin
(4) plant biodiversity;
new text end
new text begin
(5) energy conservation; or
new text end
new text begin
(6) climate adaptation, resiliency, or mitigation.
new text end
Sec. 10.
Minnesota Statutes 2022, section 103C.501, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Cost-sharingdeleted text end new text begin Use ofnew text end funds.
deleted text begin
(a) The state board shall allocate cost-sharing funds
to areas with high-priority erosion, sedimentation, or water quality problems or water quantity
problems due to altered hydrology. The areas must be selected based on priorities established
by the state board.
deleted text end
deleted text begin (b)deleted text end The allocated funds must be used deleted text begin fordeleted text end new text begin :
new text end
new text begin (1) for new text end conservation deleted text begin practices for high-priority problemsdeleted text end new text begin activities, including technical
and financial assistance,new text end identified in deleted text begin the comprehensive and annual work plans of the
districts, for the technical assistance portion of the grant fundsdeleted text end new text begin state-approved plans that are
related to water and natural resources and established under chapters 103B, 103C, 103D,
103F, 103G, and 114D;
new text end
new text begin (2) new text end to leverage federal or other nonstate fundsdeleted text begin ,deleted text end new text begin ;new text end or
new text begin (3) new text end to address high-priority needs identified deleted text begin in local water management plans or
comprehensive watershed management plansdeleted text end new text begin by the district based on public inputnew text end .
Sec. 11.
Minnesota Statutes 2022, section 103C.501, subdivision 5, is amended to read:
Subd. 5.
Contracts by districts.
(a) A district deleted text begin boarddeleted text end may deleted text begin contract on a cost-share basis
to furnish financial aid todeleted text end new text begin provide technical and financial assistance tonew text end a land occupier or
to a statenew text begin or federalnew text end agency for deleted text begin permanent systemsdeleted text end new text begin practices and projectsnew text end fornew text begin :
new text end
new text begin (1)new text end erosion or sedimentation control deleted text begin ordeleted text end new text begin ;
new text end
new text begin (2) improvements tonew text end water quality or water quantity deleted text begin improvements that are consistent
with the district's comprehensive and annual work plans.deleted text end new text begin ;
new text end
new text begin
(3) habitat enhancement;
new text end
new text begin
(4) plant biodiversity;
new text end
new text begin
(5) energy conservation; or
new text end
new text begin
(6) climate adaptation, resiliency, or mitigation.
new text end
(b) A district deleted text begin board, with approval from the state board anddeleted text end new text begin ,new text end consistent with state board
rules and policies, may contract deleted text begin on a cost-share basis to furnish financial aid to a land
occupier fordeleted text end new text begin to provide technical and financial assistance for structural and new text end nonstructural
deleted text begin land managementdeleted text end practices deleted text begin that are part of a planned erosion control or water quality
improvement plandeleted text end new text begin and projectsnew text end .
deleted text begin
(c) The duration of the contract must, at a minimum, be the time required to complete
the planned systems. A contract must specify that the land occupier is liable for monetary
damages and penalties in an amount up to 150 percent of the financial assistance received
from the district, for failure to complete the systems or practices in a timely manner or
maintain the systems or practices as specified in the contract.
deleted text end
deleted text begin
(d) A contract may provide for cooperation or funding with federal agencies. A land
occupier or state agency may provide the cost-sharing portion of the contract through services
in kind.
deleted text end
deleted text begin (e)deleted text end new text begin (c)new text end The state board or the district deleted text begin boarddeleted text end may not furnish any financial deleted text begin aiddeleted text end new text begin assistancenew text end
for practices designed only to increase land productivity.
deleted text begin (f)deleted text end new text begin (d)new text end When a district deleted text begin boarddeleted text end determines that long-term maintenance of a system or
practice is desirable, the new text begin district or the state new text end board may require that maintenance be made
a covenant upon the land for the effective life of the practice. A covenant under this
subdivision shall be construed in the same manner as a conservation restriction under section
84.65.
Sec. 12.
Minnesota Statutes 2022, section 103C.501, subdivision 6, is amended to read:
Subd. 6.
Policies and rules.
deleted text begin (a)deleted text end The state board may adopt rules and shall adopt policies
prescribing:
(1) procedures and criteria for allocating funds deleted text begin for cost-sharing contractsdeleted text end ;new text begin and
new text end
(2) standards and guidelines for deleted text begin cost-sharingdeleted text end new text begin implementing the conservationnew text end contractsdeleted text begin ;deleted text end new text begin
program.
new text end
deleted text begin
(3) the scope and content of district comprehensive plans, plan amendments, and annual
work plans;
deleted text end
deleted text begin
(4) standards and methods necessary to plan and implement a priority cost-sharing
program, including guidelines to identify high priority erosion, sedimentation, and water
quality problems and water quantity problems due to altered hydrology;
deleted text end
deleted text begin
(5) the share of the cost of conservation practices to be paid from cost-sharing funds;
and
deleted text end
deleted text begin
(6) requirements for districts to document their efforts to identify and contact land
occupiers with high priority problems.
deleted text end
deleted text begin
(b) The rules may provide that cost sharing may be used for windbreaks and shelterbelts
for the purposes of energy conservation and snow protection.
deleted text end
Sec. 13.
Minnesota Statutes 2022, section 103C.501, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Inspections. new text end
new text begin
The district or the district's delegate must conduct site inspections
of conservation practices installed to determine if the land occupier is in compliance with
design, operation, and maintenance specifications.
new text end
Sec. 14.
Minnesota Statutes 2022, section 103D.605, subdivision 5, is amended to read:
Subd. 5.
Establishment order.
After the project hearing, if the managers find that the
project will be conducive to public health,new text begin willnew text end promote the general welfare, and deleted text begin is in
compliancedeleted text end new text begin compliesnew text end with the watershed management plan and the provisions of this chapter,
the deleted text begin boarddeleted text end new text begin managersnew text end must, by order, establish the project. The establishment order must
include the findings of the managers.
Sec. 15.
new text begin
[103E.122] DRAINAGE REGISTRY INFORMATION PORTAL.
new text end
new text begin
(a) By December 31, 2023, the executive director of the Board of Water and Soil
Resources must establish and permanently maintain a drainage registry information portal
that includes a publicly searchable electronic database. The portal must allow a drainage
authority to electronically submit information on:
new text end
new text begin
(1) a petitioned drainage project; and
new text end
new text begin
(2) a petition or order for reestablishment of records.
new text end
new text begin
(b) Within ten days of appointing an engineer for a petitioned drainage project or within
ten days of a finding that a record is incomplete under section 103E.101, subdivision 4a,
paragraph (a), a drainage authority must file the following information with the Board of
Water and Soil Resources through the registry information portal established under paragraph
(a):
new text end
new text begin
(1) the name of the drainage authority;
new text end
new text begin
(2) whether the filing results from a petitioned drainage project or a petition or order for
reestablishment of records;
new text end
new text begin
(3) the date that the petition or order was filed;
new text end
new text begin
(4) information for a local contact that can provide additional information; and
new text end
new text begin
(5) a copy of the filed petition or order.
new text end
new text begin
(c) A drainage authority may not take further action on a petitioned drainage project or
a petition or order for reestablishment of records until the information under paragraph (b)
is available for public viewing on the registry information portal.
new text end
new text begin
(d) The registry information portal must allow members of the public to electronically
search for and retrieve information by the data fields specified in paragraph (b), clauses (1)
to (5).
new text end
Sec. 16.
new text begin
[103F.06] SOIL HEALTH PRACTICES PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) In this section, the following terms have the meanings
given:
new text end
new text begin
(1) "board" means the Board of Water and Soil Resources;
new text end
new text begin
(2) "local units of government" has the meaning given under section 103B.305,
subdivision 5; and
new text end
new text begin
(3) "soil health" has the meaning given under section 103C.101, subdivision 10a.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
(a) The board must administer a financial and technical support
program to produce soil health practices that achieve water quality, soil productivity, climate
change resiliency, or carbon sequestration benefits or reduce pesticide and fertilizer use.
new text end
new text begin
(b) The program must include but is not limited to no till, field borders, prairie strips,
cover crops, and other practices sanctioned by the board or the United States Department
of Agriculture's Natural Resources Conservation Service.
new text end
new text begin Subd. 3. new text end
new text begin Financial and technical assistance. new text end
new text begin
(a) The board may provide financial and
technical support to local units of government, private sector organizations, and farmers to
establish soil health practices and related practices with climate and water-quality benefits.
new text end
new text begin
(b) The board must establish practices and costs that are eligible for financial and technical
support under this section.
new text end
new text begin Subd. 4. new text end
new text begin Program implementation. new text end
new text begin
(a) The board may employ staff or enter into external
agreements to implement this section.
new text end
new text begin
(b) The board must assist local units of government in achieving the objectives of the
program, including assessing practice standards and program effectiveness.
new text end
new text begin Subd. 5. new text end
new text begin Federal aid availability. new text end
new text begin
The board must regularly review and optimize the
availability of federal funds and programs to supplement or complement state and other
efforts consistent with the purposes of this section.
new text end
new text begin Subd. 6. new text end
new text begin Soil health practices. new text end
new text begin
The board, in consultation with the commissioner of
agriculture, may cooperate with the United States Department of Agriculture, other federal
and state agencies, local governments, and private sector organizations to establish soil
health goals for the state that will achieve water quality, soil productivity, climate change
resiliency, and carbon sequestration benefits and reduce pesticide and fertilizer use.
new text end
Sec. 17.
Minnesota Statutes 2022, section 103F.505, is amended to read:
103F.505 PURPOSE AND POLICY.
new text begin (a) new text end It is the purpose of sections 103F.505 to 103F.531 to restore certain marginal
agricultural land and protect environmentally sensitive areas tonew text begin :
new text end
new text begin (1)new text end enhance soil and water qualitydeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end minimize damage to flood-prone areasdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end sequester carbondeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (4)new text end support native plant, fish, and wildlife habitatsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) establish perennial vegetation.
new text end
new text begin (b)new text end It is state policy to encourage deleted text begin thedeleted text end new text begin :
new text end
new text begin (1)new text end restoration of wetlands and riparian lands deleted text begin and promote the retirementdeleted text end new text begin ;
new text end
new text begin (2) restoration and protectionnew text end of marginal, highly erodible land, particularly land adjacent
to public waters, drainage systems, wetlands, and locally designated priority watersdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) protection of environmentally sensitive areas, including wellhead protection areas,
grasslands, peatlands, shorelands, karst geology, and forest lands in priority areas.
new text end
Sec. 18.
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Grasslands. new text end
new text begin
"Grasslands" means landscapes that are or were formerly
dominated by grasses, that have a low percentage of trees and shrubs, and that provide
economic and ecosystem services such as managed grazing, wildlife habitat, carbon
sequestration, and water filtration and retention.
new text end
Sec. 19.
Minnesota Statutes 2022, section 103F.511, is amended by adding a subdivision
to read:
new text begin Subd. 8d. new text end
new text begin Restored prairie. new text end
new text begin
"Restored prairie" means a restoration that uses at least 25
representative and biologically diverse native prairie plant species and that occurs on land
that was previously cropped or used as pasture.
new text end
Sec. 20.
new text begin
[103F.519] REINVEST IN MINNESOTA WORKING LANDS PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The board may establish and administer a reinvest in
Minnesota working lands program that is in addition to the program established under
section 103F.515. Selecting land for the program must be based on the land's potential for:
new text end
new text begin
(1) protecting or improving water quality;
new text end
new text begin
(2) reducing erosion;
new text end
new text begin
(3) improving soil health;
new text end
new text begin
(4) reducing chemical inputs;
new text end
new text begin
(5) improving carbon storage; and
new text end
new text begin
(6) increasing biodiversity and habitat for fish, wildlife, and native plants.
new text end
new text begin Subd. 2. new text end
new text begin Applicability. new text end
new text begin
Section 103F.515 applies to this section except as otherwise
provided in subdivisions 1, 3, and 4.
new text end
new text begin Subd. 3. new text end
new text begin Nature of property rights acquired. new text end
new text begin
Notwithstanding section 103F.515,
subdivision 4, paragraph (a), the board may authorize managed haying and managed livestock
grazing, perennial or winter annual cover crop production, forest management, or other
activities that the board determines are consistent with section 103F.505 or appropriation
conditions or criteria.
new text end
new text begin Subd. 4. new text end
new text begin Payments for easements. new text end
new text begin
The board must establish payment rates for acquiring
easements and for related practices. The board must consider market factors as well as
easement terms, including length and allowable uses, when establishing rates.
new text end
Sec. 21.
Minnesota Statutes 2022, section 103G.2242, subdivision 1, is amended to read:
Subdivision 1.
Rules.
(a) The board, in consultation with the commissioner, shall adopt
rules governing the approval of wetland value replacement plans under this section and
public-waters-work permits affecting public waters wetlands under section 103G.245. These
rules must address the criteria, procedure, timing, and location of acceptable replacement
of wetland values and may address the state establishment and administration of a wetland
banking program for public and private projects, including provisions for an in-lieu fee
program;new text begin mitigating and banking other water and water-related resources;new text end the administrative,
monitoring, and enforcement procedures to be used; and a procedure for the review and
appeal of decisions under this section. In the case of peatlands, the replacement plan rules
must consider the impact on carbon. Any in-lieu fee program established by the board must
conform with Code of Federal Regulations, title 33, section 332.8, as amended.
(b) After the adoption of the rules, a replacement plan must be approved by a resolution
of the governing body of the local government unit, consistent with the provisions of the
rules or a comprehensive wetland protection and management plan approved under section
103G.2243.
(c) If the local government unit fails to apply the rules, or fails to implement a local
comprehensive wetland protection and management plan established under section
103G.2243, the government unit is subject to penalty as determined by the board.
(d) When making a determination under rules adopted pursuant to this subdivision on
whether a rare natural community will be permanently adversely affected, consideration of
measures to mitigate any adverse effect on the community must be considered.
Sec. 22. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 103C.501, subdivisions 2 and 3,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 8400.0500; 8400.0550; 8400.0600, subparts 4 and 5;
8400.0900, subparts 1, 2, 4, and 5; 8400.1650; 8400.1700; 8400.1750; 8400.1800; and
8400.1900,
new text end
new text begin
are repealed.
new text end
ARTICLE 6
FARMED CERVIDAE
Section 1.
Minnesota Statutes 2022, section 13.643, subdivision 6, is amended to read:
Subd. 6.
Animal premises data.
(a) new text begin Except for farmed Cervidae premises location data
collected and maintained under section 35.155, new text end the following data collected and maintained
by the Board of Animal Health related to registration and identification of premises and
animals under chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept; and
(3) the identification number of the premises or the animal.
(b) Except as provided in section 347.58, subdivision 5, data collected and maintained
by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or
nonpublic.
(c) The Board of Animal Health may disclose data collected under paragraph (a) or (b)
to any person, agency, or to the public if the board determines that the access will aid in the
law enforcement process or the protection of public or animal health or safety.
Sec. 2.
Minnesota Statutes 2022, section 17.118, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
Cervidae, Ratitae, bison, sheep, horses, and llamas.
(c) "Qualifying expenditures" means the amount spent for:
(1) the acquisition, construction, or improvement of buildings or facilities for the
production of livestock or livestock products;
(2) the development of pasture for use by livestock including, but not limited to, the
acquisition, development, or improvement of:
(i) lanes used by livestock that connect pastures to a central location;
(ii) watering systems for livestock on pasture including water lines, booster pumps, and
well installations;
(iii) livestock stream crossing stabilization; and
(iv) fences; or
(3) the acquisition of equipment for livestock housing, confinement, feeding, and waste
management including, but not limited to, the following:
(i) freestall barns;
(ii) watering facilities;
(iii) feed storage and handling equipment;
(iv) milking parlors;
(v) robotic equipment;
(vi) scales;
(vii) milk storage and cooling facilities;
(viii) bulk tanks;
(ix) computer hardware and software and associated equipment used to monitor the
productivity and feeding of livestock;
(x) manure pumping and storage facilities;
(xi) swine farrowing facilities;
(xii) swine and cattle finishing barns;
(xiii) calving facilities;
(xiv) digesters;
(xv) equipment used to produce energy;
(xvi) on-farm processing facilities equipment;
(xvii) fences, including but not limited to farmed Cervidae perimeter fences required
under section 35.155, deleted text begin subdivision 4deleted text end new text begin subdivisions 4 and 4anew text end ; and
(xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
Except for qualifying pasture development expenditures under clause (2), qualifying
expenditures only include amounts that are allowed to be capitalized and deducted under
either section 167 or 179 of the Internal Revenue Code in computing federal taxable income.
Qualifying expenditures do not include an amount paid to refinance existing debt.
Sec. 3.
Minnesota Statutes 2022, section 35.155, subdivision 1, is amended to read:
Subdivision 1.
Running at large prohibited.
(a) An owner may not allow farmed
Cervidae to run at large. The owner must make all reasonable efforts to return escaped
farmed Cervidae to their enclosures as soon as possible. The owner mustnew text begin immediatelynew text end notify
the commissioner of natural resources of the escape of farmed Cervidae if the farmed
Cervidae are not returned or captured by the owner within 24 hours of their escape.
(b) An owner is liable for expenses of another person in capturing, caring for, and
returning farmed Cervidae that have left their enclosures if the person capturing the farmed
Cervidae contacts the owner as soon as possible.
(c) If an owner is unwilling or unable to capture escaped farmed Cervidae, the
commissioner of natural resources may destroy the escaped farmed Cervidae. The
commissioner of natural resources must allow the owner to attempt to capture the escaped
farmed Cervidae prior to destroying the farmed Cervidae. Farmed Cervidae that are not
captured by 24 hours after escape may be destroyed.
new text begin
(d) A hunter licensed by the commissioner of natural resources under chapter 97A may
kill and possess escaped farmed Cervidae in a lawful manner and is not liable to the owner
for the loss of the animal. A licensed hunter who harvests escaped farmed Cervidae under
this paragraph must immediately notify the commissioner of natural resources.
new text end
new text begin
(e) Escaped farmed Cervidae killed by a hunter or destroyed by the commissioner of
natural resources must be tested for chronic wasting disease.
new text end
new text begin
(f) The owner is responsible for proper disposal, as determined by the board, of farmed
Cervidae that are killed or destroyed under this subdivision and test positive for chronic
wasting disease.
new text end
new text begin
(g) An owner is liable for any additional costs associated with escaped farmed Cervidae
that are infected with chronic wasting disease. This paragraph may be enforced by the
attorney general on behalf of any state agency affected.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 35.155, subdivision 4, is amended to read:
Subd. 4.
Fencing.
Farmed Cervidae must be confined in a manner designed to prevent
escape. new text begin Except as provided in subdivision 4a, new text end all perimeter fences for farmed Cervidae must
be at least 96 inches in height and be constructed and maintained in a way that prevents the
escape of farmed Cervidae deleted text begin ordeleted text end new text begin ,new text end entry into the premises by free-roaming Cervidaenew text begin , and physical
contact between farmed Cervidae and free-roaming Cervidaenew text end . deleted text begin After July 1, 2019,deleted text end All new
fencing installed and all fencing used to repair deficiencies must be high tensile. deleted text begin By
December 1, 2019,deleted text end All entry areas for farmed Cervidae enclosure areas must have two
redundant gates, which must be maintained to prevent the escape of animals through an
open gate. If a fence deficiency allows entry or exit by farmed or wild Cervidae, the owner
must repair the deficiency within deleted text begin a reasonable time, as determined by the Board of Animal
Health, not to exceed 45deleted text end new text begin 14new text end days. If a fence deficiency is detected during an inspection, the
facility must be reinspected at least once in the subsequent three months. The farmed
Cervidae owner must pay a reinspection fee equal to one-half the applicable annual inspection
fee under subdivision 7a for each reinspection related to a fence violation. If the facility
experiences more than one escape incident in any six-month period or fails to correct a
deficiency found during an inspection, the board may revoke the facility's registration and
order the owner to remove or destroy the animals as directed by the board. If the board
revokes a facility's registration, the commissioner of natural resources may seize and destroy
animals at the facility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2024.
new text end
Sec. 5.
Minnesota Statutes 2022, section 35.155, is amended by adding a subdivision to
read:
new text begin Subd. 4a. new text end
new text begin Fencing; commercial herds. new text end
new text begin
In addition to the requirements in subdivision
4, commercially farmed white-tailed deer must be confined by two or more perimeter fences,
with each perimeter fence at least 120 inches in height.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2024.
new text end
Sec. 6.
Minnesota Statutes 2022, section 35.155, subdivision 10, is amended to read:
Subd. 10.
Mandatory registration.
(a) A person may not possess live Cervidae in
Minnesota unless the person is registered with the Board of Animal Health and meets all
the requirements for farmed Cervidae under this section. Cervidae possessed in violation
of this subdivision may be seized and destroyed by the commissioner of natural resources.
(b) A person whose registration is revoked by the board is ineligible for future registration
under this section unless the board determines that the person has undertaken measures that
make future escapes extremely unlikely.
new text begin
(c) The board must not allow new registrations under this section for possessing
white-tailed deer. This paragraph does not prohibit a person holding a valid registration
under this subdivision from selling or transferring the person's registration to a family
member who resides in this state and is related to the person within the third degree of
kindred according to the rules of civil law. A valid registration may be sold or transferred
only once under this paragraph. Before the board approves a sale or transfer under this
paragraph, the board must verify that the herd is free from chronic wasting disease and the
person or eligible family member must pay a onetime transfer fee of $500 to the board.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2022, section 35.155, subdivision 11, is amended to read:
Subd. 11.
Mandatory surveillance for chronic wasting disease; depopulation.
(a)
An inventory for each farmed Cervidae herd must be verified by an accredited veterinarian
and filed with the Board of Animal Health every 12 months.
(b) Movement of farmed Cervidae from any premises to another location must be reported
to the Board of Animal Health within 14 days of the movement on forms approved by the
Board of Animal Health.new text begin A person must not move farmed white-tailed deer from a herd that
tests positive for chronic wasting disease from any premises to another location.
new text end
(c) All animals from farmed Cervidae herds that are over deleted text begin 12deleted text end new text begin sixnew text end months of age that die
or are slaughtered must be tested for chronic wasting disease.
(d) The owner of a premises where chronic wasting disease is detected must:
new text begin
(1) allow and cooperate with inspections of the premises as determined by the Board of
Animal Health and Department of Natural Resources conservation officers and wildlife
managers;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end depopulate the premises of Cervidae after the federal indemnification process
has been completed or, if an indemnification application is not submitted, within deleted text begin a reasonable
time determined by the board in consultation with the commissioner of natural resourcesdeleted text end new text begin
30 daysnew text end ;
deleted text begin (2)deleted text end new text begin (3)new text end maintain the fencing required under deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 4new text begin and 4anew text end on the
premises for deleted text begin fivedeleted text end new text begin tennew text end years after the date of detection; deleted text begin and
deleted text end
deleted text begin (3)deleted text end new text begin (4)new text end post the fencing on the premises with biohazard signs as directed by the boarddeleted text begin .deleted text end new text begin ;
new text end
new text begin
(5) not raise farmed Cervidae on the premises for at least ten years;
new text end
new text begin
(6) before signing an agreement to sell or transfer the property, disclose in writing to
the buyer or transferee the date of depopulation and the requirements incumbent upon the
premises and the buyer or transferee under this paragraph; and
new text end
new text begin
(7) record with the county recorder or registrar of titles, as appropriate, in the county
where the premises is located a notice, in the form required by the board, that meets the
recording requirements of sections 507.093 and 507.24 and includes the nearest address
and the legal description of the premises, the date of detection, the date of depopulation,
the landowner requirements under this paragraph, and any other information required by
the board. The legal description must be the legal description of record with the county
recorder or registrar of titles and must not otherwise be the real estate tax statement legal
description of the premises. The notice expires and has no effect ten years after the date of
detection stated in the notice. The registrar of titles must omit an expired notice from future
certificates of title.
new text end
new text begin
(e) An owner of farmed Cervidae that test positive for chronic wasting disease is
responsible for proper disposal of the animals, as determined by the board.
new text end
Sec. 8.
Minnesota Statutes 2022, section 35.155, is amended by adding a subdivision to
read:
new text begin Subd. 11a. new text end
new text begin Liability. new text end
new text begin
(a) A herd owner is liable in a civil action to a person injured by
the owner's sale or unlawful disposal of farmed Cervidae infected with or exposed to chronic
wasting disease. Action may be brought in a county where the farmed Cervidae are sold,
delivered, or unlawfully disposed.
new text end
new text begin
(b) A herd owner is liable to the state for costs associated with the owner's unlawful
disposal of farmed Cervidae infected with or exposed to chronic wasting disease. This
paragraph may be enforced by the attorney general on behalf of any state agency affected.
new text end
Sec. 9.
Minnesota Statutes 2022, section 35.155, subdivision 12, is amended to read:
Subd. 12.
Importation.
new text begin (a) new text end A person must not import new text begin live new text end Cervidaenew text begin or Cervidae semennew text end
into the state from a herd that isnew text begin :
new text end
new text begin (1)new text end infected new text begin with new text end or new text begin has been new text end exposed to chronic wasting diseasenew text begin ;new text end or
new text begin (2)new text end from a deleted text begin knowndeleted text end new text begin state or province wherenew text end chronic wasting disease deleted text begin endemic area, as
determined by the boarddeleted text end new text begin is present in farmed or wild Cervidae populationsnew text end .
new text begin (b)new text end A person may import new text begin live new text end Cervidaenew text begin or Cervidae semennew text end into the state only from a
herd thatnew text begin :
new text end
new text begin (1)new text end is not deleted text begin in a knowndeleted text end new text begin located in a state or province wherenew text end chronic wasting disease deleted text begin endemic
area, as determined by the board,deleted text end new text begin is present in farmed or wild Cervidae populations;new text end and
deleted text begin the herd
deleted text end
new text begin (2)new text end has been subject to a deleted text begin state or provincial approveddeleted text end new text begin state- or provincial-approvednew text end
chronic wasting disease monitoring program for at least three years.
new text begin (c)new text end Cervidaenew text begin or Cervidae semennew text end imported in violation of this section may be seized and
destroyed by the commissioner of natural resources.
new text begin
(d) This subdivision does not apply to the interstate transfer of animals between two
facilities accredited by the Association of Zoos and Aquariums.
new text end
new text begin
(e) Notwithstanding this subdivision, the commissioner of natural resources may issue
a permit allowing the importation of orphaned wild cervid species that are not susceptible
to chronic wasting disease from another state to an Association of Zoos and Aquariums
accredited institution in Minnesota following a joint risk-based assessment conducted by
the commissioner and the institution.
new text end
Sec. 10.
Minnesota Statutes 2022, section 35.156, subdivision 2, is amended to read:
Subd. 2.
Federal fund account.
new text begin (a) new text end Money granted to the state by the federal government
for purposes of chronic wasting disease must be credited to a separate account in the federal
fund andnew text begin , except as provided in paragraph (b),new text end is annually appropriated to the commissioner
of agriculture for the purposes for which the federal grant was made according to section
17.03.
new text begin
(b) Money granted to the state by the federal government for response to, and remediation
of, farmed or wild white-tailed deer infected with chronic wasting disease is annually
appropriated to the commissioner of natural resources according to section 84.085,
subdivision 1.
new text end
Sec. 11.
Minnesota Statutes 2022, section 35.156, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Consultation required. new text end
new text begin
The Board of Animal Health and the commissioner
of natural resources must consult the Minnesota Center for Prion Research and Outreach
at the University of Minnesota and incorporate peer-reviewed scientific information when
administering and enforcing section 35.155 and associated rules pertaining to chronic wasting
disease and farmed Cervidae.
new text end
Sec. 12.
Minnesota Statutes 2022, section 35.156, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Notice required. new text end
new text begin
The Board of Animal Health must promptly notify affected
local units of government and Tribal governments when an animal in a farmed Cervidae
herd tests positive for chronic wasting disease.
new text end
Sec. 13.
Minnesota Statutes 2022, section 35.156, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Annual testing required. new text end
new text begin
(a) Annually beginning July 1, 2023, the Board of
Animal Health must have each farmed white-tailed deer possessed by a person registered
under section 35.155 tested for chronic wasting disease using a real-time quaking-induced
conversion (RT-QuIC) test offered by a public or private diagnostic laboratory. Live-animal
testing must consist of an ear biopsy, the collection of which must be managed by the Board
of Animal Health, with each laboratory reporting RT-QuIC results to both the commissioner
of natural resources and the Board of Animal Health in the form required by both agencies.
If a white-tailed deer tests positive, the owner must have the animal tested a second time
using an RT-QuIC test performed on both a second ear biopsy and a tonsil or rectal biopsy.
new text end
new text begin
(b) If a farmed white-tailed deer tests positive using an RT-QuIC test performed on both
a second ear biopsy and a tonsil or rectal biopsy, the owner must have the animal destroyed
and tested for chronic wasting disease using a postmortem test approved by the Board of
Animal Health.
new text end
new text begin
(c) If a farmed white-tailed deer tests positive for chronic wasting disease under paragraph
(b), the owner must depopulate the premises of farmed Cervidae as required under section
35.155, subdivision 11.
new text end
Sec. 14. new text begin TRANSFER OF DUTIES; FARMED WHITE-TAILED DEER.
new text end
new text begin
(a) Responsibility for administering and enforcing the statutes and rules listed in clauses
(1) and (2) for farmed white-tailed deer are, except as provided in paragraph (c), transferred
pursuant to Minnesota Statutes, section 15.039, from the Board of Animal Health to the
commissioner of natural resources:
new text end
new text begin
(1) Minnesota Statutes, sections 35.153 to 35.156; and
new text end
new text begin
(2) Minnesota Rules, parts 1721.0370 to 1721.0420.
new text end
new text begin
(b) The Board of Animal Health retains responsibility for administering and enforcing
the statutes and rules listed in paragraph (a), clauses (1) and (2), for all other farmed Cervidae.
new text end
new text begin
(c) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, the transfer of
personnel will not take place.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 15. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must recodify the relevant sections in Minnesota Statutes, chapter
35, and Minnesota Rules, chapter 1721, as necessary to conform with section 14. The revisor
must also change the responsible agency, remove obsolete language, and make necessary
cross-reference changes consistent with section 14 and the renumbering.
new text end
ARTICLE 7
MISCELLANEOUS
Section 1.
new text begin
[3.8865] LEGISLATIVE WATER COMMISSION.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Legislative Water Commission is established.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The Legislative Water Commission consists of 12 members
appointed as follows:
new text end
new text begin
(1) six members of the senate, including three majority party members appointed by the
majority leader and three minority party members appointed by the minority leader; and
new text end
new text begin
(2) six members of the house of representatives, including three majority party members
appointed by the speaker of the house and three minority party members appointed by the
minority leader.
new text end
new text begin
(b) Members serve at the pleasure of the appointing authority and continue to serve until
their successors are appointed or until a member is no longer a member of the legislative
body that appointed the member to the commission. Vacancies must be filled in the same
manner as the original positions. Vacancies occurring on the commission do not affect the
authority of the remaining members of the Legislative Water Commission to carry out the
functions of the commission.
new text end
new text begin
(c) Members must elect a chair, vice-chair, and other officers as determined by the
commission. The chair may convene meetings as necessary to perform the duties prescribed
by this section.
new text end
new text begin Subd. 3. new text end
new text begin Commission staffing. new text end
new text begin
The Legislative Coordinating Commission must employ
staff and contract with consultants as necessary to enable the Legislative Water Commission
to carry out its duties and functions.
new text end
new text begin Subd. 4. new text end
new text begin Powers and duties. new text end
new text begin
(a) The Legislative Water Commission must review water
policy reports and recommendations of the Environmental Quality Board, the Board of
Water and Soil Resources, the Pollution Control Agency, the Department of Natural
Resources, and the Metropolitan Council and other water-related reports as may be required
by law or the legislature.
new text end
new text begin
(b) The commission may conduct public hearings and otherwise secure data and
comments.
new text end
new text begin
(c) The commission must make recommendations as it deems proper to assist the
legislature in formulating legislation.
new text end
new text begin
(d) Data or information compiled by the Legislative Water Commission or its
subcommittees must be made available to the Legislative-Citizen Commission on Minnesota
Resources, the Clean Water Council, and standing and interim committees of the legislature
upon request of the chair of the respective commission, council, or committee.
new text end
new text begin
(e) The commission must coordinate with the Clean Water Council.
new text end
new text begin Subd. 5. new text end
new text begin Compensation. new text end
new text begin
Members of the commission may receive per diem and expense
reimbursement incurred doing the work of the commission in the manner and amount
prescribed for per diem and expense payments by the senate Committee on Rules and
Administration and the house of representatives Committee on Rules and Legislative
Administration.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
This section expires July 1, 2028.
new text end
Sec. 2.
Minnesota Statutes 2022, section 18B.01, subdivision 31, is amended to read:
Subd. 31.
Unreasonable adverse effects on the environment.
"Unreasonable adverse
effects on the environment" means any unreasonable risk to humans or the environment,
taking into account the economic, social, and environmental costs and benefits of the use
of any pesticidenew text begin or seed treated with pesticidenew text end .
Sec. 3.
new text begin
[18B.075] PESTICIDE-TREATED SEED.
new text end
new text begin
A person may not use, store, handle, distribute, or dispose of seed treated with pesticide
in a manner that:
new text end
new text begin
(1) endangers humans, food, livestock, fish, or wildlife; or
new text end
new text begin
(2) will cause unreasonable adverse effects on the environment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 18B.09, subdivision 2, is amended to read:
Subd. 2.
Authority.
new text begin (a) new text end Statutory and home rule charter cities may enact an ordinancenew text begin ,
which may include penalty and enforcement provisions,new text end containing new text begin one or both of the
following:
new text end
new text begin (1) new text end the pesticide application warning information contained in subdivision 3deleted text begin , including
their own licensing, penalty, and enforcement provisionsdeleted text end new text begin ; and
new text end
new text begin (2) the pesticide prohibition contained in subdivision 4new text end .
new text begin (b)new text end Statutory and home rule charter cities may not enact an ordinance deleted text begin that containsdeleted text end more
restrictive deleted text begin pesticide application warning informationdeleted text end than deleted text begin is contained in subdivisiondeleted text end new text begin
subdivisionsnew text end 3new text begin and 4new text end .
Sec. 5.
Minnesota Statutes 2022, section 18B.09, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Application of certain pesticides prohibited. new text end
new text begin
(a) A person may not apply or
use a pollinator-lethal pesticide within the geographic boundaries of a city that has enacted
an ordinance under subdivision 2 prohibiting such use.
new text end
new text begin
(b) For purposes of this subdivision, "pollinator-lethal pesticide" means a pesticide that
has a pollinator protection box on the label or labeling or a pollinator, bee, or honey bee
precautionary statement in the environmental hazards section of the label or labeling.
new text end
new text begin
(c) This subdivision does not apply to:
new text end
new text begin
(1) pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals
that are harmful to the health of a domesticated animal;
new text end
new text begin
(2) personal care products used to mitigate lice and bedbugs;
new text end
new text begin
(3) indoor pest control products used to mitigate insects indoors, including ant bait;
new text end
new text begin
(4) pesticides as used or applied by the Metropolitan Mosquito Control District for public
health protection if the pesticide includes vector species on the label;
new text end
new text begin
(5) wood preservative pesticides used either within a sealed steel cylinder or inside an
enclosed building at a secure facility by trained technicians and pesticide-treated wood
products;
new text end
new text begin
(6) pesticides used or applied to control or eradicate a noxious weed designated by the
commissioner under section 18.79, subdivision 13; and
new text end
new text begin
(7) pesticides used or applied on land used for agricultural production and located in an
area zoned for agricultural use.
new text end
new text begin
(d) The commissioner must maintain a list of pollinator-lethal pesticides on the
department's website.
new text end
Sec. 6.
Minnesota Statutes 2022, section 21.82, subdivision 3, is amended to read:
Subd. 3.
Treated seed.
For all named agricultural, vegetable, flower, or wildflower
seeds which are treated, for which a separate label may be used, the label must contain:
(1) a word or statement to indicate that the seed has been treated;
(2) the commonly accepted, coined, chemical, or abbreviated generic chemical name of
the applied substance;
(3) the caution statement "Do not use for food, feed, or oil purposes" if the substance in
the amount present with the seed is harmful to human or other vertebrate animals;
(4) in the case of mercurials or similarly toxic substances, a poison statement and symbol;
(5) a word or statement describing the process used when the treatment is not of pesticide
origin; deleted text begin and
deleted text end
(6) the date beyond which the inoculant is considered ineffective if the seed is treated
with an inoculant. It must be listed on the label as "inoculant: expires (month and year)" or
wording that conveys the same meaningnew text begin ; and
new text end
new text begin (7) the caution statement, framed in a box and including a bee icon developed by the
commissioner: "Planting seed treated with a neonicotinoid pesticide may negatively impact
pollinator health. Please use care when handling and planting this seed" for any corn or
soybean seed treated with a neonicotinoid pesticidenew text end .
Sec. 7.
Minnesota Statutes 2022, section 21.86, subdivision 2, is amended to read:
Subd. 2.
Miscellaneous violations.
No person may:
(a) detach, alter, deface, or destroy any label required in sections 21.82 and 21.83, alter
or substitute seed in a manner that may defeat the purposes of sections 21.82 and 21.83, or
alter or falsify any seed tests, laboratory reports, records, or other documents to create a
misleading impression as to kind, variety, history, quality, or origin of the seed;
(b) hinder or obstruct in any way any authorized person in the performance of duties
under sections 21.80 to 21.92;
(c) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of
any lot of seed held under a stop sale order or attached tags, except with express permission
of the enforcing officer for the purpose specified;
(d) use the word "type" in any labeling in connection with the name of any agricultural
seed variety;
(e) use the word "trace" as a substitute for any statement which is required;
(f) plant any agricultural seed which the person knows contains weed seeds or noxious
weed seeds in excess of the limits for that seed; deleted text begin or
deleted text end
(g) advertise or sell seed containing patented, protected, or proprietary varieties used
without permission of the patent or certificate holder of the intellectual property associated
with the variety of seednew text begin ; or
new text end
new text begin (h) use or sell as food, feed, oil, or ethanol feedstock any seed treated with neonicotinoid
pesticidenew text end .
Sec. 8.
new text begin
[21.915] PESTICIDE-TREATED SEED USE AND DISPOSAL; CONSUMER
GUIDANCE REQUIRED.
new text end
new text begin
(a) The commissioner, in consultation with the commissioner of the Pollution Control
Agency, must develop and maintain consumer guidance regarding the proper use and disposal
of seed treated with pesticide.
new text end
new text begin
(b) A person selling seed treated with pesticide at retail must post in a conspicuous
location the guidance developed by the commissioner under paragraph (a).
new text end
Sec. 9.
Minnesota Statutes 2022, section 85A.01, subdivision 1, is amended to read:
Subdivision 1.
Creation.
(a) The Minnesota Zoological Garden is established under the
supervision and control of the Minnesota Zoological Board. The board consists of 30 public
and private sector members having a background or interest in zoological societies or zoo
management or an ability to generate community interest in the Minnesota Zoological
Garden. Fifteen members shall be appointed by the board after consideration of a list supplied
by board members serving on a nominating committee, and 15 members shall be appointed
by the governor. One member of the board must be a resident of Dakota County and shall
be appointed by the governor after consideration of the recommendation of the Dakota
County Board. Board appointees shall not be subject to the advice and consent of the senate.
(b) To the extent possible, the board and governor shall appoint members who are
residents of the various geographic regions of the state. Terms, compensation, and removal
of members are as provided in section 15.0575new text begin , except that a member may be compensated
at the rate of up to $125 a daynew text end . In making appointments, the governor and board shall utilize
the appointment process as provided under section 15.0597 and consider, among other
factors, the ability of members to garner support for the Minnesota Zoological Garden.
(c) A member of the board may not be an employee of or have a direct or immediate
family financial interest in a business that provides goods or services to the zoo. A member
of the board may not be an employee of the zoo.
Sec. 10.
Minnesota Statutes 2022, section 373.475, is amended to read:
373.475 COUNTY ENVIRONMENTAL TRUST FUND.
new text begin (a) new text end Notwithstanding the provisions of chapter 282 and any other law relating to the
apportionment of proceeds from the sale of tax-forfeited land, and except as otherwise
provided in this section, a county board must deposit the money received from the sale of
land under Laws 1998, chapter 389, article 16, section 31, subdivision 3, into an
environmental trust fund established by the county under this section. The principal from
the sale of the land may not be expended, and the county board may spend interest earned
on the principal only for purposes related to the improvement of natural resources. To the
extent money received from the sale is attributable to tax-forfeited land from another county,
the money must be deposited in an environmental trust fund established under this section
by that county board.
new text begin
(b) Notwithstanding paragraph (a), St. Louis County may use up to 50 percent of the
principal in an environmental trust fund established under this section for economic
development and environmental projects within the county that protect the environment or
create clean economy jobs and manufacturing.
new text end
Sec. 11.
new text begin
[473.5491] METROPOLITAN CITIES INFLOW AND INFILTRATION
GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Affordability criteria" means an inflow and infiltration project service area that is
located, in whole or in part, in a census tract where at least three of the following apply as
determined using the most recently published data from the United States Census Bureau
or United States Centers for Disease Control and Prevention:
new text end
new text begin
(1) 20 percent or more of the residents have income below the federal poverty thresholds;
new text end
new text begin
(2) the tract has a United States Centers for Disease Control and Prevention Social
Vulnerability Index greater than 0.80;
new text end
new text begin
(3) the upper limit of the lowest quintile of household income is less than the state upper
limit of the lowest quintile;
new text end
new text begin
(4) the housing vacancy rate is greater than the state average; or
new text end
new text begin
(5) the percent of the population receiving Supplemental Nutrition Assistance Program
(SNAP) benefits is greater than the state average.
new text end
new text begin
(c) "City" means a statutory or home rule charter city located within the metropolitan
area.
new text end
new text begin Subd. 2. new text end
new text begin Grants. new text end
new text begin
(a) The council shall make grants to cities for capital improvements
in municipal wastewater collection systems to reduce the amount of inflow and infiltration
to the council's metropolitan sanitary sewer disposal system.
new text end
new text begin
(b) A grant under this section may be made in an amount up to 50 percent of the cost to
mitigate inflow and infiltration in the publicly owned municipal wastewater collection
system. The council may award a grant up to 100 percent of the cost to mitigate inflow and
infiltration in the publicly owned municipal wastewater collection system if the project
meets affordability criteria.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
To be eligible for a grant under this section, a city must be identified
by the council as a contributor of excessive inflow and infiltration in the metropolitan
disposal system or have a measured flow rate within 20 percent of its allowable
council-determined inflow and infiltration limits.
new text end
new text begin Subd. 4. new text end
new text begin Application. new text end
new text begin
The council must award grants based on applications from cities
that identify eligible capital costs and include a timeline for inflow and infiltration mitigation
construction, pursuant to guidelines established by the council. The council must prioritize
applications that meet affordability criteria.
new text end
new text begin Subd. 5. new text end
new text begin Cancellation. new text end
new text begin
If a grant is awarded to a city and funds are not encumbered for
the grant within four years after the award date, the grant must be canceled.
new text end
Sec. 12.
new text begin
[473.5492] COMMUNITY WASTEWATER COSTS; ANNUAL REPORT.
new text end
new text begin
By February 15 each year, the council must submit a report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over capital
investment and environment and natural resources that provides a summary of the average
monthly wastewater costs for communities in the metropolitan area for the previous calendar
year.
new text end
Sec. 13. new text begin 50-YEAR CLEAN WATER PLAN SCOPE OF WORK.
new text end
new text begin
(a) The Board of Regents of the University of Minnesota, through the University of
Minnesota Water Council, is requested to develop a scope of work, timeline, and budget
for a plan to promote and protect clean water in Minnesota for the next 50 years. The 50-year
clean water plan must:
new text end
new text begin
(1) provide a literature-based assessment of the current status and trends regarding the
quality and quantity of all Minnesota waters, both surface and subsurface;
new text end
new text begin
(2) identify gaps in the data or understanding and provide recommended action steps to
address gaps;
new text end
new text begin
(3) identify existing and potential future threats to Minnesota's waters; and
new text end
new text begin
(4) propose a road map of scenarios and policy recommendations to allow the state to
proactively protect, remediate, and conserve clean water for human use and biodiversity
for the next 50 years.
new text end
new text begin
(b) The scope of work must outline the steps and resources necessary to develop the
plan, including but not limited to:
new text end
new text begin
(1) the data sets that are required and how the University of Minnesota will obtain access;
new text end
new text begin
(2) the suite of proposed analysis methods;
new text end
new text begin
(3) the roles and responsibilities of project leaders, key personnel, and stakeholders;
new text end
new text begin
(4) the project timeline with milestones; and
new text end
new text begin
(5) a budget with expected costs for tasks and milestones.
new text end
new text begin
(c) By December 1, 2023, the Board of Regents of the University of Minnesota is
requested to submit the scope of work to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over
environment and natural resources.
new text end
ARTICLE 8
GRANTS MANAGEMENT
Section 1. new text begin FINANCIAL REVIEW OF NONPROFIT GRANT RECIPIENTS
REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Financial review required. new text end
new text begin
(a) Before awarding a competitive,
legislatively named, single-source, or sole-source grant to a nonprofit organization under
this act, the grantor must require the applicant to submit financial information sufficient for
the grantor to document and assess the applicant's current financial standing and management.
Items of significant concern must be addressed with the applicant and resolved to the
satisfaction of the grantor before a grant is awarded. The grantor must document the material
requested and reviewed; whether the applicant had a significant operating deficit, a deficit
in unrestricted net assets, or insufficient internal controls; whether and how the applicant
resolved the grantor's concerns; and the grantor's final decision. This documentation must
be maintained in the grantor's files.
new text end
new text begin
(b) At a minimum, the grantor must require each applicant to provide the following
information:
new text end
new text begin
(1) the applicant's most recent Form 990, Form 990-EZ, or Form 990-N filed with the
Internal Revenue Service. If the applicant has not been in existence long enough or is not
required to file Form 990, Form 990-EZ, or Form 990-N, the applicant must demonstrate
to the grantor that the applicant is exempt and must instead submit documentation of internal
controls and the applicant's most recent financial statement prepared in accordance with
generally accepted accounting principles and approved by the applicant's board of directors
or trustees or, if there is no such board, by the applicant's managing group;
new text end
new text begin
(2) evidence of registration and good standing with the secretary of state under Minnesota
Statutes, chapter 317A, or other applicable law;
new text end
new text begin
(3) unless exempt under Minnesota Statutes, section 309.515, evidence of registration
and good standing with the attorney general under Minnesota Statutes, chapter 309; and
new text end
new text begin
(4) if required under Minnesota Statutes, section 309.53, subdivision 3, the applicant's
most recent audited financial statement prepared in accordance with generally accepted
accounting principles.
new text end
new text begin Subd. 2. new text end
new text begin Authority to postpone or forgo. new text end
new text begin
Notwithstanding any contrary provision in
this act, a grantor that identifies an area of significant concern regarding the financial standing
or management of a legislatively named applicant may postpone or forgo awarding the
grant.
new text end
new text begin Subd. 3. new text end
new text begin Authority to award subject to additional assistance and oversight. new text end
new text begin
A grantor
that identifies an area of significant concern regarding an applicant's financial standing or
management may award a grant to the applicant if the grantor provides or the grantee
otherwise obtains additional technical assistance, as needed, and the grantor imposes
additional requirements in the grant agreement. Additional requirements may include but
are not limited to enhanced monitoring, additional reporting, or other reasonable requirements
imposed by the grantor to protect the interests of the state.
new text end
new text begin Subd. 4. new text end
new text begin Relation to other law and policy. new text end
new text begin
The requirements in this section are in
addition to any other requirements imposed by law; the commissioner of administration
under Minnesota Statutes, sections 16B.97 and 16B.98; or agency policy.
new text end
ARTICLE 9
CLIMATE AND ENERGY FINANCE
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025. If an appropriation in this article is enacted more than once
in the 2023 legislative session, the appropriation must be given effect only once.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF COMMERCE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
117,355,000 new text end |
new text begin
$ new text end |
new text begin
33,060,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
116,279,000 new text end |
new text begin
31,963,000 new text end |
|
new text begin
Petroleum Tank new text end |
new text begin
1,076,000 new text end |
new text begin
1,097,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Energy Resources
|
new text begin
116,279,000 new text end |
new text begin
31,693,000 new text end |
||||
new text begin
(a) $4,417,000 each year is to the division of
energy resources for operating expenses.
new text end
new text begin
(b) $150,000 the first year and $150,000 the
second year are to remediate vermiculite
insulation from households that are eligible
for weatherization assistance under
Minnesota's weatherization assistance program
state plan under Minnesota Statutes, section
216C.264. Remediation must be done in
conjunction with federal weatherization
assistance program services.
new text end
new text begin
(c) $1,138,000 the first year is to provide
financial assistance to state colleges and
universities to purchase and install solar
energy generating systems under Minnesota
Statutes, section 216C.375. This appropriation
must be expended on schools located outside
the electric service territory of the public
utility that is subject to Minnesota Statutes,
section 116C.779. This is a onetime
appropriation and is available until June 30,
2031.
new text end
new text begin
(d) $189,000 the first year and $189,000 the
second year are for activities associated with
a utility's implementation of a natural gas
innovation plan under Minnesota Statutes,
section 216B.2427.
new text end
new text begin
(e) $1,444,000 the first year and $1,621,000
the second year are to maintain the current
level of service delivery in the division of
energy resources. The base in fiscal year 2026
and beyond is $1,621,000.
new text end
new text begin
(f) $20,000,000 in the first year is transferred
to the solar for schools program account
established under Minnesota Statutes, section
216C.375, to provide financial assistance to
schools to purchase and install solar energy
generating systems under Minnesota Statutes,
section 216C.375. The appropriations under
this section must be expended on schools
located outside the electric service territory of
the public utility that is subject to Minnesota
Statutes, section 116C.779. This is a onetime
appropriation.
new text end
new text begin
(g) $6,239,000 the first year and $1,239,000
the second year are for transfer to the
strengthen Minnesota homes program account
established under Minnesota Statutes, section
65A.299, subdivision 4. The base in fiscal year
2026 and beyond is $1,239,000.
new text end
new text begin
(h) $22,461,000 the first year and $22,672,000
the second year are for transfer to the state
supplementary weatherization grants account
established under Minnesota Statutes, section
216C.264, to provide grants to community
action agencies and other agencies that
weatherize residences to install
preweatherization measures in residential
buildings occupied by eligible low-income
households, as provided under Minnesota
Statutes, sections 216B.2403, subdivision 5;
216B.241, subdivision 7; and 216C.264.
new text end
new text begin
Of the amount appropriated under this
paragraph:
new text end
new text begin
(1) up to ten percent may be used to
supplement utility spending on
preweatherization measures as part of a
low-income conservation program; and
new text end
new text begin
(2) up to ten percent may be used to:
new text end
new text begin
(i) recruit and train energy auditors and
installers of weatherization services; and
new text end
new text begin
(ii) provide financial incentives to contractors
and workers to install weatherization services.
new text end
new text begin
The base in fiscal year 2026 is $720,000 and
the base in fiscal year 2027 is $3,000,000.
new text end
new text begin
(i) $5,000,000 the first year is to award rebates
to purchase or lease eligible electric vehicles
under Minnesota Statutes, section 216C.401.
Rebates must be awarded under this paragraph
only to eligible persons located outside the
retail electric service area of the public utility
that is subject to Minnesota Statutes, section
116C.779. This is a onetime appropriation and
is available until June 30, 2027.
new text end
new text begin
(j) $500,000 the first year is to award grants
under Minnesota Statutes, section 216C.402,
to automobile dealers seeking certification to
sell electric vehicles. Grants must only be
awarded under this paragraph to eligible
dealers located outside the retail electric
service area of the public utility that is subject
to Minnesota Statutes, section 116C.779. This
is a onetime appropriation and is available
until June 30, 2025.
new text end
new text begin
(k) $164,000 the second year is for activities
associated with a public utility's filing a
transportation electrification plan under
Minnesota Statutes, section 216B.1615. The
base in fiscal year 2026 and beyond is
$164,000.
new text end
new text begin
(l) $5,000,000 the first year is for transfer to
the solar on public buildings grant program
account established under Minnesota Statutes,
section 216C.377. The appropriation in this
paragraph must be used only to provide grants
to public buildings located outside the electric
service area of the electric utility subject to
Minnesota Statutes, section 116C.779. This is
a onetime appropriation.
new text end
new text begin
(m) $2,500,000 the first year is for transfer to
the residential electric panel upgrade grant
program account established under Minnesota
Statutes, section 216C.45, to award electric
panel upgrade grants and to reimburse the
reasonable costs incurred by the department
to administer the program. Grants must be
awarded under this paragraph only to owners
of single-family homes or multifamily
buildings located outside the electric service
area of the public utility subject to Minnesota
Statutes, section 116C.779. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(n) $3,000,000 the first year is for grants to
install on-site energy storage systems, as
defined in Minnesota Statutes, section
216B.2422, subdivision 1, paragraph (f), with
a capacity of 50 kilowatt hours or less and that
are located outside the electric service area of
the electric utility subject to Minnesota
Statutes, section 116C.779. To receive a grant
under this subdivision, an owner of the energy
storage system must be operating or have filed
an application with a utility to interconnect a
solar energy generating system at the same
site as the energy storage system. The grant
amount must be based on the number of
watt-hours that reflects the duration of the
energy storage system at the system's rated
capacity, up to a maximum of $5,000. This is
a onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
(o) $164,000 each year is for activities
required under Minnesota Statutes, sections
216B.1616 and 216B.1697, to review energy
storage proposals made by utilities and to
establish a docket to develop an energy storage
peak shaving tariff.
new text end
new text begin
(p) $3,000,000 the first year is for grants to
the clean energy resource teams partnerships
under Minnesota Statutes, section 216C.385,
subdivision 2, to provide additional capacity
to perform the duties specified under
Minnesota Statutes, section 216C.385,
subdivision 3. This appropriation is onetime
and is available until June 30, 2029.
new text end
new text begin
(q) $2,500,000 the first year and $1,000,000
the second year are to implement energy
benchmarking under Minnesota Statutes,
section 216C.331. The base in fiscal year 2026
is $226,000 and the base in fiscal year 2027
is $742,000.
new text end
new text begin
Of the amount appropriated under this
paragraph, $750,000 the first year is to award
grants to qualifying utilities that are not
investor-owned utilities to support the
development of technology for implementing
energy benchmarking under Minnesota
Statutes, section 216C.331. This is a onetime
appropriation.
new text end
new text begin
(r) $7,000,000 the first year is for transfer to
the electric school bus program account
established under Minnesota Statutes, section
216C.374, to award grants to school districts,
and to transportation service providers and
electric utilities on behalf of school districts,
to purchase electric school buses and related
infrastructure. This is a onetime appropriation
and is available until June 30, 2027. Any
unencumbered money remaining after that
date cancels to the general fund.
new text end
new text begin
(s) $10,000,000 the first year is for transfer to
the heat pump rebate program account
established under Minnesota Statutes, section
216C.46, to implement the heat pump rebate
program and to reimburse the reasonable costs
incurred by the department to administer the
program. Of this amount:
new text end
new text begin
(1) up to $1,400,000 the first year is to
contract with an energy coordinator under
Minnesota Statutes, section 216C.46,
subdivision 5; and
new text end
new text begin
(2) up to $1,400,000 the first year is to conduct
contractor training and support under
Minnesota Statutes, section 216C.46,
subdivision 6.
new text end
new text begin
(t) $1,000,000 the first year is to award air
ventilation pilot program grants under
Minnesota Statutes, section 123B.663, for
assessments, testing, and equipment upgrades
in schools, and for the department's costs to
administer the program. This is a onetime
appropriation.
new text end
new text begin
(u) $77,000 each year is for activities
associated with appeals of consumer
complaints to the commission under
Minnesota Statutes, section 216B.172.
new text end
new text begin
(v) $500,000 the first year is for a grant to the
city of Anoka for feasibility studies and
design, engineering, and environmental
analysis related to the repair and
reconstruction of the Rum River Dam.
Findings from the feasibility studies must be
incorporated into the design and engineering
funded by the appropriation under this
paragraph. This appropriation is onetime and
is available until June 30, 2027.
new text end
new text begin
The appropriation under this paragraph
includes money for the following feasibility
studies:
new text end
new text begin
(1) to assess the feasibility of adding a lock or
other means for boats to traverse the dam to
navigate between the lower Rum River and
upper Rum River;
new text end
new text begin
(2) to assess the feasibility of constructing the
dam in a manner that would facilitate
recreational river surfing at the dam site; and
new text end
new text begin
(3) to assess the feasibility of constructing the
dam in a manner to generate hydroelectric
power.
new text end
new text begin Subd. 3. new text end
new text begin
Petroleum Tank Release Compensation
|
new text begin
1,076,000 new text end |
new text begin
1,097,000 new text end |
||||
new text begin
This appropriation is from the petroleum tank
fund.
new text end
Sec. 3. new text begin PUBLIC UTILITIES COMMISSION
|
new text begin
$ new text end |
new text begin
10,331,000 new text end |
new text begin
$ new text end |
new text begin
10,689,000 new text end |
||
new text begin
(a) $8,202,000 each year is to the Public
Utilities Commission for operating expenses.
new text end
new text begin
(b) $112,000 each year is for activities
associated with a utility's implementation of
a natural gas innovation plan under Minnesota
Statutes, section 216B.2427.
new text end
new text begin
(c) $96,000 the second year is for activities
associated with a public utility's filing a
transportation electrification plan under
Minnesota Statutes, section 216B.1615. The
base in fiscal year 2026 and beyond is
$96,000.
new text end
new text begin
(d) $32,000 each year is for activities
associated with determining compensation for
participants in commission proceedings under
Minnesota Statutes, section 216B.631.
new text end
new text begin
(e) $236,000 the first year and $229,000 the
second year are for activities associated with
appeals of consumer complaints to the
commission under Minnesota Statutes, section
216B.172.
new text end
new text begin
(f) $1,522,000 the first year and $1,791,000
the second year are to maintain the current
level of service delivery in the Public Utilities
Commission. The base in fiscal year 2026 and
beyond is $1,791,000.
new text end
new text begin
(g) $227,000 each year is for activities
required under Minnesota Statutes, sections
216B.1616 and 216B.1697, to review energy
storage proposals made by utilities and to
establish a docket to develop an energy storage
peak shaving tariff.
new text end
Sec. 4. new text begin POLLUTION CONTROL AGENCY
|
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
$2,000,000 is for transfer to the local climate
action grant program account established in
the special revenue fund to:
new text end
new text begin
(1) award grants to eligible applicants;
new text end
new text begin
(2) provide technical assistance to applicants;
new text end
new text begin
(3) pay a contractor to provide greenhouse gas
emissions data to grantees; and
new text end
new text begin
(4) reimburse the reasonable costs of the
agency to administer the program.
new text end
new text begin
Of this amount, 65 percent is available the first
year, of which half is reserved for applicants
located outside the counties of Hennepin,
Ramsey, Anoka, Dakota, Scott, Carver, and
Washington. In the second year, any
unencumbered first year money and the
balance of the appropriation are available to
all eligible applicants, and remain available
until June 30, 2025. The base in fiscal year
2026 is $0.
new text end
Sec. 5. new text begin HIGHER EDUCATION
|
new text begin
$ new text end |
new text begin
750,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
Of the amount appropriated in the first year
under section 2, subdivision 2, paragraph (q),
$750,000 the first year is for a grant to
Building Owners and Managers Association
Greater Minneapolis to establish partnerships
with three technical colleges and high school
career counselors with a goal of increasing the
number of building engineers across
Minnesota. This is a onetime appropriation
and is available until June 30, 2028. The grant
recipient must provide a detailed report
describing how the grant funds were used to
the chairs and ranking minority members of
the legislative committees having jurisdiction
over higher education by January 15 of each
year until 2028. The report must describe the
progress made toward the goal of increasing
the number of building engineers and
strategies used.
new text end
Sec. 6. new text begin CLIMATE INNOVATION FINANCE
|
new text begin
$ new text end |
new text begin
20,000,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
$20,000,000 the first year is for transfer to the
climate innovation finance authority account
for purposes of Minnesota Statutes, section
216C.441. This is a onetime appropriation.
new text end
new text begin
Of this amount, the commissioner of
management and budget may make up to
$500,000 available to the commissioner of
commerce, at the request of the commissioner
of commerce, to conduct necessary start-up
activities before the authority has sufficient
staff resources to do so.
new text end
Sec. 7. new text begin UNIVERSITY OF MINNESOTA
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
$ new text end |
new text begin
1,000,000 new text end |
||
new text begin
$1,000,000 the first year and $1,000,000 the
second year are for a program in the
University of Minnesota Extension Service
that enhances the capacity of the state's
agricultural sector, land and resource
managers, and communities to plan for and
adapt to weather extremes, including but not
limited to droughts and floods. This is a
onetime appropriation and is available until
June 30, 2030. The base in fiscal year 2026
and beyond is $1,000,000.
new text end
new text begin
The appropriation under this section must be
used to support existing extension service staff
members and to hire additional staff members
for a program with broad geographic reach
throughout the state. The program must:
new text end
new text begin
(1) identify, develop, implement, and evaluate
educational programs that increase the
capacity of Minnesota's agricultural sector,
land and resource managers, and communities
to be prepared for and adapt to projected
physical changes in temperature, precipitation,
and other weather parameters that affect crops,
lands, horticulture, pests, and wildlife in ways
that present challenges to the state's
agricultural sector and the communities that
depend on the agricultural sector; and
new text end
new text begin
(2) communicate and interpret the latest
research on critical weather trends and the
scientific basis for critical weather trends to
further prepare extension service staff
throughout the state to educate and provide
technical assistance to the agricultural sector,
land and resource managers, and community
members at the local level regarding technical
information on water resource management,
agriculture and forestry, engineering and
infrastructure design, and emergency
management that is necessary to develop
strategies to mitigate the effects of extreme
weather change.
new text end
Sec. 8. new text begin DEPARTMENT OF
|
new text begin
$ new text end |
new text begin
1,712,000 new text end |
new text begin
$ new text end |
new text begin
367,000 new text end |
||
new text begin
(a) $1,022,000 the first year and $367,000 the
second year are for activities regarding
environmental analysis of construction
materials under Minnesota Statutes, section
16B.312. Of the first year amount, $200,000
is to provide grants to assist manufacturers to
obtain environmental product declarations for
certain materials used in public buildings. Of
this amount, up to ten percent may be used by
the commissioner of administration to
administer this section. This appropriation is
available until June 30, 2027.
new text end
new text begin
(b) $690,000 the first year is to develop,
oversee, and administer the sustainable
building guidelines under Minnesota Statutes,
section 16B.325, in consultation with the
commissioner of commerce and the Center
for Sustainable Building Research at the
University of Minnesota. The appropriation
under this paragraph includes money for the
commissioner of administration to contract
with the Center for Sustainable Building
Research at the University of Minnesota to
administer the guidelines. This is a onetime
appropriation.
new text end
Sec. 9. new text begin DEPARTMENT OF
|
new text begin
$ new text end |
new text begin
310,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
$310,000 the first year is for awarding grants
to assist manufacturers to obtain
environmental product declarations for certain
construction materials used to build roads and
other transportation infrastructure under
Minnesota Statutes, section 16B.312. Of this
amount, up to $10,000 is for the reasonable
costs of the department to administer that
section. This appropriation is available until
June 30, 2027.
new text end
ARTICLE 10
RENEWABLE DEVELOPMENT ACCOUNT APPROPRIATIONS
Section 1. new text begin RENEWABLE DEVELOPMENT FINANCE.
|
new text begin
(a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. Notwithstanding Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (j), the appropriations are from the renewable
development account in the special revenue fund established in Minnesota Statutes, section
116C.779, subdivision 1, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
new text begin
(b) If an appropriation in this article is enacted more than once in the 2023 regular or
special legislative session, the appropriation must be given effect only once.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF COMMERCE
|
new text begin
$ new text end |
new text begin
67,614,000 new text end |
new text begin
$ new text end |
new text begin
18,829,000 new text end |
||
new text begin
(a) The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin
(b) $100,000 the first year and $100,000 the
second year are to administer the "Made in
Minnesota" solar energy production incentive
program under Minnesota Statutes, section
216C.417. Any unspent amount remaining on
June 30, 2025, cancels to the renewable
development account.
new text end
new text begin
(c) $1,000,000 the first year and $400,000 the
second year are for grants to the University of
St. Thomas Center for Microgrid Research.
The base in fiscal year 2026 is $400,000 and
the base in fiscal year 2027 is $0. These
appropriations are available until June 30,
2027.
new text end
new text begin
The appropriations in this paragraph must be
used by the University of St. Thomas Center
for Microgrid Research to:
new text end
new text begin
(1) increase the center's capacity to provide
industry partners opportunities to test
near-commercial microgrid products on a real
world scale and to multiply opportunities for
innovative research;
new text end
new text begin
(2) procure advanced equipment and controls
to enable the extension of the university's
microgrid to additional buildings; and
new text end
new text begin
(3) expand (i) hands-on educational
opportunities for undergraduate and graduate
electrical engineering students to increase
understanding of microgrid operations, and
(ii) partnerships with community colleges.
new text end
new text begin
(d) $9,126,000 the first year and $3,329,000
the second year are for transfer to the electric
vehicle rebate program account established
under Minnesota Statutes, section 216C.401,
to award rebates to purchase or lease eligible
electric vehicles. Rebates must be awarded
under this paragraph only to eligible persons
located within the retail electric service area
of the public utility that is subject to
Minnesota Statutes, section 116C.779. The
base in fiscal year 2026 is $0. These
appropriations are available until June 30,
2027.
new text end
new text begin
(e) $500,000 the first year is to award grants
under Minnesota Statutes, section 216C.402,
to automobile dealers seeking certification
from an electric vehicle manufacturer to sell
electric vehicles. Grants must only be awarded
under this paragraph to eligible dealers located
within the retail electric service area of the
public utility that is subject to Minnesota
Statutes, section 116C.779. This is a onetime
appropriation and is available until June 30,
2025.
new text end
new text begin
(f) $7,000,000 the first year is for transfer to
the electric school bus program account
established under Minnesota Statutes, section
216C.374, to provide grants to (1) accelerate
the deployment of electric school buses and
related electric vehicle infrastructure, and (2)
to pay the commissioner's costs to administer
Minnesota Statutes, section 216C.374. This is
a onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
(g) $5,000,000 the first year is for transfer to
the solar on public buildings grant program
account established under Minnesota Statutes,
section 216C.377, to award grants for the
installation of solar energy generating systems
on public buildings. The appropriation in this
paragraph must be used only to award grants
for solar installations on public buildings
located within the electric service area of the
electric utility subject to Minnesota Statutes,
section 116C.779. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(h) $2,500,000 the first year is to award grants
for upgrades to residential electric panels
under Minnesota Statutes, section 216C.45,
and pay the reasonable costs incurred by the
department to administer that section.
Appropriations made under this paragraph
must be used only for grants to owners of
residences that are located within the electric
service area of the public utility that is subject
to Minnesota Statutes, section 116C.779. This
is a onetime appropriation and is available
until June 30, 2025.
new text end
new text begin
(i) $3,000,000 the first year is to award grants
to install energy storage systems under
Minnesota Statutes, section 216C.378, and to
pay the reasonable costs incurred by the
department to administer that section. This is
a onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
(j) $3,000,000 in fiscal year 2024 is for deposit
in the Area C contingency account established
under Minnesota Statutes, section 116C.7793,
for disbursement to the owner of a solar
energy generating system installed on land on
the former Ford Motor Company site in St.
Paul known as Area C. This appropriation is
available until five years after the Pollution
Control Agency issues a corrective action
determination regarding the remediation of
Area C. Any unexpended money remaining
in the account as of that date cancels to the
renewable development account.
new text end
new text begin
(k) $5,000,000 the first year and $5,000,000
the second year are for transfer to the
distributed energy resources system upgrade
program account established under Minnesota
Statutes, section 216C.379, to provide grants
to upgrade the distribution system of the public
utility that is subject to Minnesota Statutes,
section 116C.7792, in order to allow for the
interconnection of distributed energy
resources. The base in fiscal year 2026 is $0.
new text end
new text begin
(l) $250,000 in fiscal year 2024 is for transfer
to the distributed energy resources system
upgrade program account established under
Minnesota Statutes, section 216C.379, for
grants to the utility subject to Minnesota
Statutes, section 116C.779, to implement the
small interconnection cost-sharing program
ordered by the Public Utilities Commission
on December 19, 2022, in docket No.
E-002/M-18-714, to pay the costs of certain
distribution upgrades for customers of the
utility subject to Minnesota Statutes, section
116C.779, seeking interconnection of
distributed generation. This is a onetime
appropriation.
new text end
new text begin
(m) $20,000,000 the first year is for transfer
to the solar for schools program account
established under Minnesota Statutes, section
216C.375, to provide financial assistance to
schools to purchase and install solar energy
generating systems under Minnesota Statutes,
section 216C.375. The appropriations under
this paragraph must be expended on schools
located within the electric service territory of
the public utility that is subject to Minnesota
Statutes, section 116C.779. This is a onetime
appropriation.
new text end
new text begin
(n) $2,500,000 the first year and $2,500,000
the second year are for transfer to the state
supplementary weatherization grants account
established under Minnesota Statutes, section
216C.264, to provide grants to community
action agencies and other agencies that
weatherize residences to install
preweatherization measures in residential
buildings occupied by eligible low-income
households, as provided under Minnesota
Statutes, sections 216B.2403, subdivision 5;
216B.241, subdivision 7; and 216C.264. The
base in fiscal year 2026 is $0.
new text end
Sec. 3. new text begin MINNESOTA AMATEUR SPORTS
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
4,200,000 new text end |
||
new text begin
$4,200,000 the second year is to install solar
arrays on an ice rink and a maintenance
facility at the National Sports Center in Blaine.
This is a onetime appropriation.
new text end
Sec. 4. new text begin DEPARTMENT OF
|
new text begin
$ new text end |
new text begin
780,000 new text end |
new text begin
$ new text end |
new text begin
92,000 new text end |
||
new text begin
$690,000 the first year is to contract with the
Board of Regents of the University of
Minnesota for a grant to the Institute on the
Environment to conduct research examining
how projections of future weather trends may
exacerbate conditions, including but not
limited to drought, elevated temperatures, and
flooding, that:
new text end
new text begin
(1) can be integrated into the design and
evaluation of buildings constructed by the state
of Minnesota and local units of government,
in order to:
new text end
new text begin
(i) reduce energy costs by deploying
cost-effective energy efficiency measures,
innovative construction materials and
techniques, and renewable energy sources;
and
new text end
new text begin
(ii) prevent and minimize damage to buildings
caused by extreme weather conditions,
including but not limited to increased
frequency of intense precipitation events and
tornadoes, flooding, and elevated
temperatures; and
new text end
new text begin
(2) may weaken the ability of natural systems
to mitigate the conditions to the point where
human intervention in the form of building or
redesigning the scale and operation of
infrastructure is required to address those
conditions in order to:
new text end
new text begin
(i) maintain and increase the amount and
quality of food and wood production;
new text end
new text begin
(ii) reduce fire risk on forested land;
new text end
new text begin
(iii) maintain and enhance water quality; and
new text end
new text begin
(iv) maintain and enhance natural habitats.
new text end
new text begin
The contract must provide that no later than
February 1, 2025, the director of the Institute
on the Environment or the director's designee
must submit a written report to the chairs and
ranking minority members of the legislative
committees with primary jurisdiction over
environment policy and capital investment
summarizing the findings and
recommendations of the research, including
any recommendations for policy changes or
other legislation. This is a onetime
appropriation.
new text end
Sec. 5. new text begin POLLUTION CONTROL AGENCY
|
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
$2,000,000 is for transfer to the local climate
action grant program account established in
the special revenue fund to:
new text end
new text begin
(1) award grants to eligible applicants;
new text end
new text begin
(2) provide technical assistance to applicants;
new text end
new text begin
(3) pay a contractor to provide greenhouse gas
emissions data to grantees; and
new text end
new text begin
(4) reimburse the reasonable costs of the
agency to administer the program.
new text end
new text begin
Of this amount, 65 percent is available the first
year, of which half is reserved for applicants
located outside the counties of Hennepin,
Ramsey, Anoka, Dakota, Scott, Carver, and
Washington. In the second year, any
unencumbered first year money and the
balance of the appropriation are available to
all eligible applicants, and remains available
until June 30, 2025. The base in fiscal year
2026 is $0.
new text end
ARTICLE 11
ELECTRIFICATION
Section 1.
Minnesota Statutes 2022, section 16B.58, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Electric vehicle charging. new text end
new text begin
A person that charges a privately owned electric
vehicle at a charging station located within the Capitol Area, as defined in section 15B.02,
must pay an electric service fee established by the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2022, section 16C.135, subdivision 3, is amended to read:
Subd. 3.
Vehicle purchases.
new text begin (a) new text end Consistent with section 16C.137, subdivision 1, when
purchasing a motor vehicle for the enterprise fleet or for use by an agency, the commissioner
or the agency shall purchase deleted text begin a motor vehicle that is capable of being powered by cleaner
fuels, or a motor vehicle powered by electricity or by a combination of electricity and liquid
fuel, if the total life-cycle cost of ownership is less than or comparable to that of other
vehicles and if the vehicle is capabledeleted text end new text begin the motor vehicle according to the following vehicle
preference order:
new text end
new text begin
(1) an electric vehicle;
new text end
new text begin
(2) a hybrid electric vehicle;
new text end
new text begin
(3) a vehicle capable of being powered by cleaner fuels; and
new text end
new text begin
(4) a vehicle powered by gasoline or diesel fuel.
new text end
new text begin
(b) The commissioner may only reject a vehicle that is higher on the vehicle preference
order if:
new text end
new text begin (1) the vehicle type is incapablenew text end of carrying out the purpose for which it is purchaseddeleted text begin .deleted text end new text begin ;
or
new text end
new text begin
(2) the total life-cycle cost of ownership of a preferred vehicle type is more than ten
percent higher than the next vehicle type on the vehicle preference order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2022, section 16C.137, subdivision 1, is amended to read:
Subdivision 1.
Goals and actions.
Each state department must, whenever legally,
technically, and economically feasible, subject to the specific needs of the department and
responsible management of agency finances:
(1) ensure that all new on-road vehicles deleted text begin purchaseddeleted text end , excluding emergency and law
enforcement vehiclesdeleted text begin :deleted text end new text begin , are purchased in conformity with the vehicle preference order
established in section 16C.135, subdivision 3;
new text end
deleted text begin
(i) use "cleaner fuels" as that term is defined in section 16C.135, subdivision 1;
deleted text end
deleted text begin
(ii) have fuel efficiency ratings that exceed 30 miles per gallon for city usage or 35 miles
per gallon for highway usage, including but not limited to hybrid electric cars and
hydrogen-powered vehicles; or
deleted text end
deleted text begin
(iii) are powered solely by electricity;
deleted text end
(2) increase its use of renewable transportation fuels, including ethanol, biodiesel, and
hydrogen from agricultural products; and
(3) increase its use of web-based Internet applications and other electronic information
technologies to enhance the access to and delivery of government information and services
to the public, and reduce the reliance on the department's fleet for the delivery of such
information and services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 168.27, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Dealer training; electric vehicles. new text end
new text begin
(a) A new motor vehicle dealer licensed
under this chapter that operates under an agreement or franchise from a manufacturer and
sells electric vehicles must maintain at least one employee who is certified as having
completed a training course offered by a Minnesota motor vehicle dealership association
that addresses at least the following elements:
new text end
new text begin
(1) fundamentals of electric vehicles;
new text end
new text begin
(2) electric vehicle charging options and costs;
new text end
new text begin
(3) publicly available electric vehicle incentives;
new text end
new text begin
(4) projected maintenance and fueling costs for electric vehicles;
new text end
new text begin
(5) reduced tailpipe emissions, including greenhouse gas emissions, produced by electric
vehicles;
new text end
new text begin
(6) the impacts of Minnesota's cold climate on electric vehicle operation; and
new text end
new text begin
(7) best practices to sell electric vehicles.
new text end
new text begin
(b) For the purposes of this section, "electric vehicle" has the meaning given in section
169.011, subdivision 26a, paragraphs (a) and (b), clause (3).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 5.
new text begin
[216B.1615] ELECTRIC VEHICLE DEPLOYMENT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Battery exchange station" means a physical location deploying equipment that
enables a used electric vehicle battery to be removed and exchanged for a fresh electric
vehicle battery.
new text end
new text begin
(c) "Electric drive mine truck" means a truck that carries mined rock from a mine pit
for crushing operations and whose wheels are powered by electric drive motors.
new text end
new text begin
(d) "Electric drive mine truck trolley system" means an electric trolley system that helps
propel an electric drive mine truck out of a mine pit.
new text end
new text begin
(e) "Electric vehicle" means any device or contrivance that transports persons or property
and is capable of being powered by an electric motor drawing current from rechargeable
storage batteries, fuel cells, or other portable sources of electricity. Electric vehicle includes
but is not limited to:
new text end
new text begin
(1) an electric vehicle, as defined in section 169.011, subdivision 26a;
new text end
new text begin
(2) an electric-assisted bicycle, as defined in section 169.011, subdivision 27;
new text end
new text begin
(3) an off-road vehicle, as defined in section 84.797, subdivision 7;
new text end
new text begin
(4) a motorboat, as defined in section 86B.005, subdivision 9;
new text end
new text begin
(5) an aircraft, as defined in section 360.013, subdivision 37; or
new text end
new text begin
(6) an electric drive mine truck.
new text end
new text begin
(f) "Electric vehicle charging station" means a physical location deploying equipment
that:
new text end
new text begin
(1) transfers electricity to an electric vehicle battery;
new text end
new text begin
(2) dispenses hydrogen into an electric vehicle powered by a fuel cell;
new text end
new text begin
(3) exchanges electric vehicle batteries; or
new text end
new text begin
(4) provides other equipment used to charge or fuel electric vehicles.
new text end
new text begin
(g) "Electric vehicle infrastructure" means electric vehicle charging stations and any
associated machinery, equipment, and infrastructure necessary for a public utility to supply
electricity or hydrogen to an electric vehicle charging station and to support electric vehicle
operation. Electric vehicle infrastructure includes an electric drive mine truck trolley system.
new text end
new text begin
(h) "Fuel cell" means a cell that converts the chemical energy of hydrogen directly into
electricity through electrochemical reactions.
new text end
new text begin
(i) "Government entity" means the state, a state agency, or a political subdivision, as
defined in section 13.02, subdivision 11.
new text end
new text begin
(j) "Public utility" has the meaning given in section 216B.02, subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Transportation electrification plan; contents. new text end
new text begin
(a) By June 1, 2024, and on a
schedule determined by the commission thereafter, a public utility must file a transportation
electrification plan with the commission that is designed to:
new text end
new text begin
(1) maximize the overall benefits of electric vehicles and other electrified transportation
while minimizing overall costs; and
new text end
new text begin
(2) promote the:
new text end
new text begin
(i) purchase of electric vehicles by the public utility's customers; and
new text end
new text begin
(ii) deployment of electric vehicle infrastructure in the public utility's service territory.
new text end
new text begin
(b) A transportation electrification plan may include but is not limited to the following
elements:
new text end
new text begin
(1) programs to educate and increase the awareness and benefits of electric vehicles and
electric vehicle charging equipment among individuals, electric vehicle dealers, single-family
and multifamily housing developers and property management companies, building owners
and tenants, vehicle service stations, vehicle fleet owners and managers, and other potential
users of electric vehicles;
new text end
new text begin
(2) utility investments and customer incentives the utility provides and offers to support
transportation electrification across all customer classes, including but not limited to
investments and customer incentives to facilitate:
new text end
new text begin
(i) the deployment of: electric vehicles for personal and commercial use; customer- and
utility-owned electric vehicle charging stations; electric vehicle infrastructure to support
light-duty, medium-duty, and heavy-duty vehicle electrification; and other electric utility
infrastructure;
new text end
new text begin
(ii) widespread access to publicly available electric vehicle charging stations; and
new text end
new text begin
(iii) the electrification of public transit and vehicle fleets owned or operated by a
government entity;
new text end
new text begin
(3) research and demonstration projects to increase access to electricity as a transportation
fuel, minimize the system costs of electric transportation, and inform future transportation
electrification plans;
new text end
new text begin
(4) rate structures or programs that encourage electric vehicle charging that optimizes
electric grid operation, including time-varying rates and charging optimization programs;
new text end
new text begin
(5) programs to increase access to the benefits of electricity as a transportation fuel (i)
for low- or moderate-income customers and communities, and (ii) in neighborhoods most
affected by transportation-related air emissions; and
new text end
new text begin
(6) proposals to expedite commission consideration of program adjustments requested
during the term of an approved transportation electrification plan.
new text end
new text begin
(c) A transportation electrification plan must include planned upgrades to and investments
in a utility's distribution system that are necessary to accommodate future growth in
transportation electrification and support the plan's proposed programs and activities.
new text end
new text begin Subd. 3. new text end
new text begin Transportation electrification plan; review and implementation. new text end
new text begin
The
commission may approve, modify, or reject a transportation electrification plan. When
reviewing a transportation electrification plan, the commission must consider whether the
programs, investments, and expenditures as a whole are reasonably expected to:
new text end
new text begin
(1) improve the operation of the electric grid;
new text end
new text begin
(2) increase access to the use of electricity as a transportation fuel for all customers,
including customers in low- or moderate-income communities, rural communities, and
communities most affected by emissions from the transportation sector;
new text end
new text begin
(3) increase access to publicly available electric vehicle charging for all types of electric
vehicles;
new text end
new text begin
(4) support the electrification of medium-duty and heavy-duty vehicles and associated
charging infrastructure;
new text end
new text begin
(5) reduce statewide greenhouse gas emissions, as defined in section 216H.01, and
emissions of other air pollutants that impair the environment and public health;
new text end
new text begin
(6) stimulate private capital investment and the creation of skilled jobs;
new text end
new text begin
(7) educate the public about the benefits of electric vehicles and related infrastructure;
and
new text end
new text begin
(8) be transparent and incorporate reasonable public reporting of program activities,
consistent with existing technology and data capabilities, to inform program design and
commission policy with respect to electric vehicles.
new text end
new text begin Subd. 4. new text end
new text begin Cost recovery. new text end
new text begin
(a) Notwithstanding any other provision of this chapter, the
commission may approve, with respect to any prudent and reasonable investments made or
expenses incurred by a public utility to administer and implement an approved transportation
electrification plan, including expenditures on information technology systems necessary
to track activities and spending and to administer and implement transportation electrification
plan programs, and investments made in a public utility's distribution system to support
transportation electrification:
new text end
new text begin
(1) a rider or other tariff mechanism to automatically adjust charges annually;
new text end
new text begin
(2) performance-based incentives; or
new text end
new text begin
(3) placing the investment, including (i) rebates for electric vehicle infrastructure and
electric buses, and (ii) other costs reasonably incurred to support transportation electrification,
in the public utility's rate base and allowing the public utility to earn a rate of return on the
investment at the level approved by the commission in the public utility's most recent general
rate case, unless the commission finds a different rate of return is in the public interest.
new text end
new text begin
(b) Notwithstanding section 216B.16, subdivision 8, paragraph (a), clause (3), the
commission must approve recovery costs for expenses reasonably incurred by a public
utility to provide public advertisement as part of a transportation electrification plan approved
by the commission under subdivision 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
new text begin
[216C.374] ELECTRIC SCHOOL BUS DEPLOYMENT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Battery exchange station" means a physical location deploying equipment that
enables a used electric vehicle battery to be removed and exchanged for a fully charged
electric vehicle battery.
new text end
new text begin
(c) "Electric school bus" means an electric vehicle: (1) designed to carry a driver and
more than ten passengers; and (2) primarily used to transport preprimary, primary, and
secondary students.
new text end
new text begin
(d) "Electric utility" means any utility that provides wholesale or retail electric service
to customers in Minnesota.
new text end
new text begin
(e) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a.
new text end
new text begin
(f) "Electric vehicle charging station" means a physical location deploying equipment
that provides electricity to charge a battery in an electric vehicle.
new text end
new text begin
(g) "Electric vehicle infrastructure" means electric vehicle charging stations and any
associated electric panels, machinery, equipment, and infrastructure necessary for an electric
utility to supply electricity to an electric vehicle charging station and to support electric
vehicle operation.
new text end
new text begin
(h) "Electric vehicle service provider" means an organization that installs, maintains, or
otherwise services a battery exchange station, electric vehicle infrastructure, or electric
vehicle charging stations.
new text end
new text begin
(i) "Eligible applicant" means a school district or an electric utility, electric vehicle
service provider, or transportation service provider applying for a grant under this section
on behalf of a school district.
new text end
new text begin
(j) "Federal vehicle electrification grants" means grants that fund electric school buses
or electric vehicle infrastructure under the federal Infrastructure Investment and Jobs Act,
Public Law 117-58, or the Inflation Reduction Act of 2022, Public Law 117-169.
new text end
new text begin
(k) "Poor air quality" means:
new text end
new text begin
(1) ambient air levels that air monitoring data reveals approach or exceed state or federal
air quality standards or chronic health inhalation risk benchmarks for total suspended
particulates, particulate matter less than ten microns wide (PM-10), particulate matter less
than 2.5 microns wide (PM-2.5), sulfur dioxide, or nitrogen dioxide; or
new text end
new text begin
(2) areas in which levels of asthma among children significantly exceed the statewide
average.
new text end
new text begin
(l) "Prioritized school district" means:
new text end
new text begin
(1) a school district listed in the Small Area Income and Poverty Estimates School
District Estimates as having 7.5 percent or more students living in poverty based on the
most recent decennial U.S. census;
new text end
new text begin
(2) a school district identified with locale codes "43-Rural: Remote" and "42-Rural:
Distant" by the National Center for Education Statistics;
new text end
new text begin
(3) a school district funded by the Bureau of Indian Affairs; or
new text end
new text begin
(4) a school district that receives basic support payments under United States Code, title
20, section 7703(b)(1), for children who reside on Indian land.
new text end
new text begin
(m) "School" means a school that operates as part of an independent or special school
district.
new text end
new text begin
(n) "School bus" has the meaning given in section 169.011, subdivision 71.
new text end
new text begin
(o) "School district" means:
new text end
new text begin
(1) an independent school district, as defined in section 120A.05, subdivision 10; or
new text end
new text begin
(2) a special school district, as defined in section 120A.05, subdivision 14.
new text end
new text begin
(p) "Transportation service provider" means a person that has a contract with a school
district to transport students to and from school.
new text end
new text begin Subd. 2. new text end
new text begin Establishment; purpose. new text end
new text begin
An electric school bus deployment program is
established in the department. The purpose of the program is to provide grants to accelerate
the deployment of electric school buses by school districts and to encourage schools to use
vehicle electrification as a teaching tool that can be integrated into the school's curriculum.
new text end
new text begin Subd. 3. new text end
new text begin Establishment of account. new text end
new text begin
An electric school bus program account is established
as a separate account in the special revenue fund in the state treasury. The commissioner
shall credit to the account appropriations and transfers to the account. Earnings, including
interest, dividends, and any other earnings arising from assets of the account, must be
credited to the account. Money in the account at the end of a fiscal year does not cancel to
the general fund but remains available in the account until expended. The commissioner
shall manage the account.
new text end
new text begin Subd. 4. new text end
new text begin Appropriation; expenditures. new text end
new text begin
Money in the account is appropriated to the
commissioner and must be used only:
new text end
new text begin
(1) for grant awards made under this section; and
new text end
new text begin
(2) to pay the reasonable costs incurred by the department to administer this section,
including the cost of providing technical assistance to eligible applicants, including but not
limited to grant writing assistance for applications for federal vehicle electrification grants
under subdivision 6, paragraph (c).
new text end
new text begin Subd. 5. new text end
new text begin Eligible grant expenditures. new text end
new text begin
A grant awarded under this section may be used
only to pay:
new text end
new text begin
(1) a school district or transportation service provider to purchase one or more electric
school buses, or convert or repower fossil-fuel-powered school buses to be powered by
electricity;
new text end
new text begin
(2) up to 75 percent of the cost a school district or transportation service provider incurs
to purchase one or more electric school buses, or to convert or repower fossil-fuel-powered
school buses to be powered by electricity;
new text end
new text begin
(3) for prioritized school districts, up to 95 percent of the cost a school district or
transportation service provider incurs to purchase one or more electric school buses, or to
convert or repower fossil-fuel-powered school buses to be powered by electricity;
new text end
new text begin
(4) up to 75 percent of the cost of deploying, on the school district or transportation
service provider's real property, infrastructure required to operate electric school buses,
including but not limited to battery exchange stations, electric vehicle infrastructure, or
electric vehicle charging stations;
new text end
new text begin
(5) for prioritized school districts, up to 95 percent of the cost of deploying, on the school
district or transportation service provider's real property, infrastructure required to operate
electric school buses, including but not limited to battery exchange stations, electric vehicle
infrastructure, or electric vehicle charging stations; and
new text end
new text begin
(6) the reasonable costs of technical assistance related to electric school bus deployment
program planning and to prepare grant applications for federal vehicle electrification grants.
new text end
new text begin Subd. 6. new text end
new text begin Application process. new text end
new text begin
(a) The commissioner must develop administrative
procedures governing the application and grant award process.
new text end
new text begin
(b) The commissioner must issue a request for proposals to eligible applicants who may
wish to apply for a grant under this section on behalf of a school.
new text end
new text begin
(c) An eligible applicant must submit an application for an electric school bus deployment
grant to the commissioner on a form prescribed by the commissioner. The form must require
an applicant to supply, at a minimum, the following information:
new text end
new text begin
(1) the number of and a description of the electric school buses the school district or
transportation service provider intends to purchase;
new text end
new text begin
(2) the total cost to purchase the electric school buses and the incremental cost, if any,
of the electric school buses when compared with fossil-fuel-powered school buses;
new text end
new text begin
(3) a copy of the proposed contract agreement between the school district, the electric
utility, the electric vehicle service provider, or the transportation service provider that
includes provisions addressing responsibility for maintenance of the electric school buses
and related electric vehicle infrastructure and battery exchange stations;
new text end
new text begin
(4) whether the school district is a prioritized school district;
new text end
new text begin
(5) areas of the school district that serve significant numbers of students eligible for free
and reduced-price school meals, and areas that disproportionately experience poor air quality,
as measured by indicators such as the Minnesota Pollution Control Agency's air quality
monitoring network, the Minnesota Department of Health's air quality and health monitoring,
or other relevant indicators;
new text end
new text begin
(6) the school district's plan to prioritize the deployment of electric school buses in areas
of the school district that:
new text end
new text begin
(i) serve students eligible for free and reduced-price school meals;
new text end
new text begin
(ii) experience disproportionately poor air quality; or
new text end
new text begin
(iii) are located within environmental justice areas, as defined in section 216B.1691,
subdivision 1, paragraph (e);
new text end
new text begin
(7) areas of the school district that are located within environmental justice areas, as
defined in section 216B.1691, subdivision 1, paragraph (e);
new text end
new text begin
(8) the school district's plan, if any, to make the electric school buses serve as a visible
learning tool for students, teachers, and visitors to the school, including how vehicle
electrification may be integrated into the school district's curriculum;
new text end
new text begin
(9) information that demonstrates the school district's level of need for financial assistance
available under this section;
new text end
new text begin
(10) any federal vehicle electrification grants awarded to or applied for by the eligible
applicant for the same electric school buses or electric vehicle infrastructure proposed by
the eligible applicant in a grant application made under this section;
new text end
new text begin
(11) information that demonstrates the school district's readiness to implement the project
and to operate the electric school buses for no less than five years;
new text end
new text begin
(12) with respect to the installation and operation of the infrastructure required to operate
electric school buses, the willingness and ability of the electric vehicle service provider or
the electric utility to:
new text end
new text begin
(i) pay employees and contractors a prevailing wage rate, as defined in section 177.42,
subdivision 6; and
new text end
new text begin
(ii) comply with section 177.43; and
new text end
new text begin
(13) any other information deemed relevant by the commissioner.
new text end
new text begin
(d) An eligible applicant may seek a technical assistance grant under this section to assist
the eligible applicant apply for federal vehicle electrification grants. An eligible applicant
seeking a technical assistance grant under this section must submit an application to the
commissioner on behalf of a school district on a form prescribed by the commissioner. The
form must include, at a minimum, the following information:
new text end
new text begin
(1) the names of the federal programs to which the applicant intends to apply;
new text end
new text begin
(2) a description of the technical assistance the applicants need in order to complete the
federal application; and
new text end
new text begin
(3) any other information deemed relevant by the commissioner.
new text end
new text begin
(e) In awarding grants under this section, the commissioner must give priority to
applications from or on behalf of prioritized school districts, and must endeavor to award
no less than 40 percent of the total amount of grants awarded under this section to prioritized
school districts.
new text end
new text begin
(f) The commissioner must administer an open application process under this section at
least twice annually.
new text end
new text begin Subd. 7. new text end
new text begin Technical assistance. new text end
new text begin
The department must provide technical assistance to
school districts to develop and execute projects applied for or funded by grants awarded
under this section.
new text end
new text begin Subd. 8. new text end
new text begin Grant amounts. new text end
new text begin
(a) In making grant awards under this section, the amount of
the grant must be based on the commissioner's assessment of the school district's need for
financial assistance.
new text end
new text begin
(b) A grant awarded under this section, when combined with any federal vehicle
electrification grants obtained by an eligible applicant for the same electric school buses or
electric vehicle infrastructure as proposed by the eligible applicant in a grant application
made under this section, must not exceed the total cost of the electric school buses or electric
vehicle infrastructure funded by the grant.
new text end
new text begin Subd. 9. new text end
new text begin Application deadline. new text end
new text begin
No application may be submitted under this section
after December 31, 2032.
new text end
new text begin Subd. 10. new text end
new text begin Reporting. new text end
new text begin
Beginning January 15, 2024, and each year thereafter until January
15, 2034, the commissioner must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over energy regarding:
new text end
new text begin
(1) grants and amounts awarded to school districts under this section during the previous
year; and
new text end
new text begin
(2) any remaining balance available in the electric school bus program account.
new text end
new text begin Subd. 11. new text end
new text begin Cost recovery. new text end
new text begin
(a) A prudent and reasonable investment on electric vehicle
infrastructure installed on a school district's real property that is made by a public utility
may be placed in the public utility's rate base and earn a rate of return determined by the
commission.
new text end
new text begin
(b) Notwithstanding any other provision of this chapter, the commission may approve
a tariff mechanism to automatically adjust annual charges for prudent and reasonable
investments made by a public utility on electric vehicle infrastructure installed on a school
district's real property.
new text end
Sec. 7.
new text begin
[216C.401] ELECTRIC VEHICLE REBATES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section and section 216C.402, the
terms in this subdivision have the meanings given.
new text end
new text begin
(b) "Dealer" means a person, firm, or corporation that:
new text end
new text begin
(1) possesses a new motor vehicle license under chapter 168;
new text end
new text begin
(2) regularly engages in the business of manufacturing or selling, purchasing, and
generally dealing in new and unused motor vehicles;
new text end
new text begin
(3) has an established place of business to sell, trade, and display new and unused motor
vehicles; and
new text end
new text begin
(4) possesses new and unused motor vehicles to sell or trade the motor vehicles.
new text end
new text begin
(c) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a,
paragraphs (a) and (b), clause (3).
new text end
new text begin
(d) "Eligible new electric vehicle" means an electric vehicle that meets the requirements
of subdivision 2, paragraph (a).
new text end
new text begin
(e) "Eligible used electric vehicle" means an electric vehicle that meets the requirements
of subdivision 2, paragraph (b).
new text end
new text begin
(f) "Lease" means a business transaction under which a dealer furnishes an eligible
electric vehicle to a person for a fee under a bailor-bailee relationship where no incidences
of ownership transferred other than the right to use the vehicle for a term of at least 24
months.
new text end
new text begin
(g) "Lessee" means a person who leases an eligible electric vehicle from a dealer.
new text end
new text begin
(h) "New eligible electric vehicle" means an eligible electric vehicle that has not been
registered in any state.
new text end
new text begin Subd. 2. new text end
new text begin Eligible vehicle. new text end
new text begin
(a) A new electric vehicle is eligible for a rebate under this
section if the electric vehicle:
new text end
new text begin
(1) has not been previously owned;
new text end
new text begin
(2) is used by a dealer as a floor model or test drive vehicle and has not been previously
registered in Minnesota or any other state;
new text end
new text begin
(3) is returned to a dealer by a purchaser or lessee:
new text end
new text begin
(i) within two weeks of purchase or leasing or when a purchaser's or lessee's financing
for the electric vehicle has been disapproved; or
new text end
new text begin
(ii) before the purchaser or lessee takes delivery, even if the electric vehicle is registered
in Minnesota;
new text end
new text begin
(4) has not been modified from the original manufacturer's specifications;
new text end
new text begin
(5) has a base manufacturer's suggested retail price that does not exceed $55,000;
new text end
new text begin
(6) is purchased or leased from a dealer or directly from an original equipment
manufacturer that does not have licensed franchised dealers in Minnesota; and
new text end
new text begin
(7) is purchased or leased after the effective date of this act for use by the purchaser and
not for resale.
new text end
new text begin
(b) A used electric vehicle is eligible for an electric vehicle rebate under this section if
the electric vehicle has previously been owned in Minnesota or another state and has not
been modified from the original manufacturer's specifications.
new text end
new text begin Subd. 3. new text end
new text begin Eligible purchaser or lessee. new text end
new text begin
A person who purchases or leases an eligible
new or used electric vehicle is eligible for a rebate under this section if the purchaser or
lessee:
new text end
new text begin
(1) is one of the following:
new text end
new text begin
(i) a resident of Minnesota, as defined in section 290.01, subdivision 7, paragraph (a),
when the electric vehicle is purchased or leased;
new text end
new text begin
(ii) a business that has a valid address in Minnesota from which business is conducted;
new text end
new text begin
(iii) a nonprofit corporation incorporated under chapter 317A; or
new text end
new text begin
(iv) a political subdivision of the state;
new text end
new text begin
(2) has not received a rebate or tax credit for the purchase or lease of an electric vehicle
from the state of Minnesota; and
new text end
new text begin
(3) registers the electric vehicle in Minnesota.
new text end
new text begin Subd. 4. new text end
new text begin Rebate amounts. new text end
new text begin
(a) A $2,500 rebate may be issued under this section to an
eligible purchaser to purchase or lease an eligible new electric vehicle.
new text end
new text begin
(b) A $500 rebate may be issued under this section to an eligible purchaser or lessee of
an eligible used electric vehicle.
new text end
new text begin
(c) A purchaser or lessee whose household income at the time the eligible electric vehicle
is purchased or leased is less than 150 percent of the current federal poverty guidelines
established by the United States Department of Health and Human Services is eligible for
a rebate of $500 to purchase or lease an eligible new electric vehicle and $100 to purchase
or lease an eligible used electric vehicle. The rebate under this paragraph is in addition to
the rebate under paragraph (a) or (b), as applicable.
new text end
new text begin Subd. 5. new text end
new text begin Limits. new text end
new text begin
The number of rebates allowed under this section is limited to:
new text end
new text begin
(1) no more than one rebate per resident per household; and
new text end
new text begin
(2) no more than one rebate per business entity per year.
new text end
new text begin Subd. 6. new text end
new text begin Program administration. new text end
new text begin
(a) A rebate application under this section must be
filed with the commissioner on a form developed by the commissioner.
new text end
new text begin
(b) The commissioner must develop administrative procedures governing the application
and rebate award process. Applications must be reviewed and rebates awarded by the
commissioner on a first-come, first-served basis.
new text end
new text begin
(c) The commissioner must, in coordination with dealers and other state agencies as
applicable, develop a procedure to allow a rebate to be used by an eligible purchaser or
lessee at the point of sale so that the rebate amount may be subtracted from the selling price
of the eligible electric vehicle.
new text end
new text begin
(d) The commissioner may reduce the rebate amounts provided under subdivision 4 or
restrict program eligibility based on the availability of money to award rebates or other
factors.
new text end
new text begin Subd. 7. new text end
new text begin Account established. new text end
new text begin
(a) The electric vehicle rebate account is established as
a separate account in the special revenue fund in the state treasury. The commissioner shall
credit to the account appropriations and transfers to the account. Earnings, including interest,
dividends, and any other earnings arising from assets of the account, must be credited to
the account. Money remaining in the account at the end of a fiscal year does not cancel to
the general fund, but remains in the account until expended. The commissioner shall manage
the account.
new text end
new text begin
(b) Money in the account is appropriated to the commissioner to award rebates for electric
vehicles and to reimburse the reasonable costs of the department to administer this section.
new text end
new text begin Subd. 8. new text end
new text begin Expiration. new text end
new text begin
This section expires June 30, 2027.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
new text begin
[216C.402] GRANT PROGRAM; MANUFACTURERS' CERTIFICATION
OF AUTO DEALERS TO SELL ELECTRIC VEHICLES.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A grant program is established in the department to
award grants to dealers to offset the costs of obtaining the necessary training and equipment
that is required by electric vehicle manufacturers in order to certify a dealer to sell electric
vehicles produced by the manufacturer.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
An application for a grant under this section must be made to the
commissioner on a form developed by the commissioner. The commissioner must develop
administrative procedures and processes to review applications and award grants under this
section.
new text end
new text begin Subd. 3. new text end
new text begin Eligible applicants. new text end
new text begin
An applicant for a grant awarded under this section must
be a dealer of new motor vehicles licensed under chapter 168 operating under a franchise
from a manufacturer of electric vehicles.
new text end
new text begin Subd. 4. new text end
new text begin Eligible expenditures. new text end
new text begin
Appropriations made to support the activities of this
section must be used only to reimburse:
new text end
new text begin
(1) a dealer for the reasonable costs to obtain training and certification for the dealer's
employees from the electric vehicle manufacturer that awarded the franchise to the dealer;
new text end
new text begin
(2) a dealer for the reasonable costs to purchase and install equipment to service and
repair electric vehicles, as required by the electric vehicle manufacturer that awarded the
franchise to the dealer; and
new text end
new text begin
(3) the department for the reasonable costs to administer this section.
new text end
new text begin Subd. 5. new text end
new text begin Limitation. new text end
new text begin
A grant awarded under this section to a single dealer must not
exceed $40,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
new text begin
[216C.45] RESIDENTIAL ELECTRIC PANEL UPGRADE GRANT
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Area median income" means the median income of the geographic area in which a
single-family or multifamily building whose owner is applying for a grant under this section
is located, as reported by the United States Department of Housing and Urban Development.
new text end
new text begin
(c) "Automatic overcurrent protection device" means a device that protects against excess
current by interrupting the flow of current.
new text end
new text begin
(d) "Bus" means a metallic strip or bar that carries current.
new text end
new text begin
(e) "Electric panel" means an enclosed box or cabinet containing a building's electric
panels, including subpanels, that consists of buses, automatic overcurrent protection devices,
and equipment, with or without switches to control light, heat, and power circuits. Electric
panel includes a smart panel.
new text end
new text begin
(f) "Electrical work" has the meaning given in section 326B.31, subdivision 17.
new text end
new text begin
(g) "Eligible applicant" means:
new text end
new text begin
(1) an owner of a single-family building whose occupants have an annual household
income no greater than 150 percent of the area median income; or
new text end
new text begin
(2) an owner of a multifamily building in which at least 50 percent of the units are
occupied by households whose annual income is no greater than 150 percent of the area
median income.
new text end
new text begin
(h) "Multifamily building" means a building containing two or more units.
new text end
new text begin
(i) "Smart panel" means an electrical panel that may be electronically programmed to
manage electricity use in a building automatically.
new text end
new text begin
(j) "Unit" means a residential living space in a multifamily building occupied by an
individual or a household.
new text end
new text begin
(k) "Upgrade" means:
new text end
new text begin
(1) for a single-family residence:
new text end
new text begin
(i) the installation of equipment, devices, and wiring necessary to increase an electrical
panel's capacity to a total rating:
new text end
new text begin
(A) of not less than 200 amperes; or
new text end
new text begin
(B) that allows all the building's energy needs to be provided solely by electricity, as
calculated using the National Electrical Code adopted in Minnesota; or
new text end
new text begin
(ii) the installation of a smart panel with or without additional equipment, devices, or
wiring; and
new text end
new text begin
(2) for a multifamily building, the installation of equipment, devices, and wiring necessary
to increase the capacity of an electric panel, including feeder panels, to a total rating that
allows all the building's energy needs to be provided solely by electricity, as calculated
using the National Electrical Code adopted in Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin Program establishment. new text end
new text begin
A residential electric panel upgrade grant program
is established in the department to provide financial assistance to owners of single-family
residences and multifamily buildings to upgrade residential electric panels.
new text end
new text begin Subd. 3. new text end
new text begin Account established. new text end
new text begin
(a) The residential electric panel upgrade grant account
is established as a separate account in the special revenue fund in the state treasury. The
commissioner shall credit to the account appropriations and transfers to the account. Earnings,
including interest, dividends, and any other earnings arising from assets of the account,
must be credited to the account. Money remaining in the account at the end of a fiscal year
does not cancel to the general fund, but remains in the account until expended. The
commissioner shall manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the commissioner to award electric panel
upgrade grants and to reimburse the reasonable costs of the department to administer this
section.
new text end
new text begin Subd. 4. new text end
new text begin Application process. new text end
new text begin
An applicant seeking a grant under this section must
submit an application to the commissioner on a form developed by the commissioner. The
commissioner must develop administrative procedures to govern the application and grant
award process. The commissioner may contract with a third party to conduct some or all of
the program's operations.
new text end
new text begin Subd. 5. new text end
new text begin Grant awards. new text end
new text begin
A grant may be awarded under this section to:
new text end
new text begin
(1) an eligible applicant; or
new text end
new text begin
(2) with the written permission of an eligible applicant submitted to the commissioner,
a contractor performing an upgrade or a third party on behalf of the eligible applicant.
new text end
new text begin Subd. 6. new text end
new text begin Grant amount. new text end
new text begin
(a) Subject to the limits of paragraphs (b) to (e), a grant awarded
under this section may be used to pay 100 percent of the equipment and installation costs
of an upgrade.
new text end
new text begin
(b) The commissioner may not award a grant to an eligible applicant under this section
which, in combination with a federal grant awarded to the eligible applicant under the federal
Inflation Reduction Act of 2022, Public Law 117-189, for the same electric panel upgrade,
exceeds 100 percent of the equipment and installation costs of the upgrade.
new text end
new text begin
(c) The maximum grant amount under this section that may be awarded to an eligible
applicant who owns a single-family residence is:
new text end
new text begin
(1) $3,000 for an owner whose annual household income is less than 80 percent of area
median income; and
new text end
new text begin
(2) $2,000 for an owner whose annual household income exceeds 80 percent but is not
greater than 150 percent of area median income.
new text end
new text begin
(d) The maximum grant amount that may be awarded under this section to an eligible
applicant who owns a multifamily building is the sum of $5,000, plus $500 multiplied by
the number of units containing a separate electric panel receiving an upgrade in the
multifamily building, not to exceed $50,000 per multifamily building.
new text end
new text begin
(e) The commissioner may approve a grant amount that exceeds the maximum grant
amount in paragraph (c) or (d), up to 100 percent of the equipment and installation costs of
the upgrade, if the commissioner determines that a larger grant amount is necessary in order
to complete the upgrade.
new text end
new text begin Subd. 7. new text end
new text begin Limitation. new text end
new text begin
No more than one grant may be awarded to an owner under this
section for work conducted at the same single-family residence or multifamily building.
new text end
new text begin Subd. 8. new text end
new text begin Outreach. new text end
new text begin
The department must publicize the availability of grants under this
section to, at a minimum:
new text end
new text begin
(1) income-eligible households;
new text end
new text begin
(2) community action agencies and other public and private nonprofit organizations that
provide weatherization and other energy services to income-eligible households; and
new text end
new text begin
(3) multifamily property owners and property managers.
new text end
new text begin Subd. 9. new text end
new text begin Contractor or subcontractor requirements. new text end
new text begin
Contractors and subcontractors
performing electrical work under a grant awarded under this section:
new text end
new text begin
(1) must comply with the provisions of sections 326B.31 to 326B.399;
new text end
new text begin
(2) must certify that the electrical work is performed by a licensed journeyworker
electrician or a registered unlicensed individual under the direct supervision of a licensed
journeyworker electrician or master electrician employed by the same licensed electrical
contractor; and
new text end
new text begin
(3) must pay workers the prevailing wage rate, as defined in section 177.42, and are
subject to the requirements and enforcement provisions in sections 177.27, 177.30, 177.32,
177.41 to 177.435, and 177.45.
new text end
new text begin Subd. 10. new text end
new text begin Report. new text end
new text begin
Beginning January 1, 2025, and each January 1 through 2033, the
department must submit a report to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over climate and energy policy describing the activities
and expenditures under the program established in this section. The report must include, at
a minimum:
new text end
new text begin
(1) the number of units in multifamily buildings and the number of single-family
residences whose owners received grants;
new text end
new text begin
(2) the geographic distribution of grant recipients; and
new text end
new text begin
(3) the average amount of grants awarded per building in multifamily buildings and in
single-family residences.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10. new text begin TRANSPORTATION ELECTRIFICATION FACILITY UPGRADES;
TARIFF FILING.
new text end
new text begin
No later than November 1, 2023, each public utility must file with the Public Utilities
Commission revised tariffs for charges related to the extension, enlargement, or other
modifications to the public utility's distribution system that are necessary to support
transportation electrification.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 16B.24, subdivision 13,
new text end
new text begin
is repealed.
new text end
ARTICLE 12
ENERGY CONSERVATION AND STORAGE
Section 1.
Minnesota Statutes 2022, section 16B.325, is amended to read:
16B.325 SUSTAINABLE BUILDING GUIDELINES.
Subdivision 1.
Development of sustainable building guidelines.
The Department of
Administration and the Department of Commerce, with the assistance of other agencies,
shall develop sustainable building design guidelines for all new state buildings by January
15, 2003, and for all major renovations of state buildings by February 1, 2009. deleted text begin The primary
objectives of these guidelines are to ensure that all new state buildings, and major renovations
of state buildings, initially exceed the state energy code, as established in Minnesota Rules,
chapter 7676, by at least 30 percent.
deleted text end
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Capital project" or "project" means the acquisition or betterment of buildings or
other fixed assets and other improvements of a capital nature.
new text end
new text begin
(c) "CSBR" means the Center for Sustainable Building Research at the University of
Minnesota.
new text end
new text begin
(d) "Guidelines" means the sustainable building design guidelines developed under this
section.
new text end
new text begin
(e) "Major renovation" means a project that:
new text end
new text begin
(1) has a renovated area that is at least 10,000 square feet; or
new text end
new text begin
(2) includes, at a minimum, the replacement of the mechanical, ventilation, or cooling
system of a building or a section of a building.
new text end
new text begin
(f) "New building" means a newly constructed structure and additions to existing buildings
that meet both of the following criteria:
new text end
new text begin
(1) the addition is heated, whether or not the addition's source of energy is from an
adjacent building or district heating system; and
new text end
new text begin
(2) the addition is cooled, whether or not the addition's source of energy is from an
adjacent building or district cooling system.
new text end
new text begin
(g) "State agency" means a state agency that is appropriated money from the bond
proceeds fund or general fund for a project that is subject to the guidelines under this section.
new text end
deleted text begin Subd. 2. deleted text end
deleted text begin Lowest possible cost; energy conservation. deleted text end
deleted text begin
The guidelines must focus on
achieving the lowest possible lifetime cost for new buildings and major renovations, and
allow for changes in the guidelines that encourage continual energy conservation
improvements in new buildings and major renovations. The guidelines shall define "major
renovations" for purposes of this section. The definition may not allow "major renovations"
to encompass less than 10,000 square feet or to encompass less than the replacement of the
mechanical, ventilation, or cooling system of the building or a section of the building. The
design guidelines must establish sustainability guidelines that include air quality and lighting
standards and that create and maintain a healthy environment and facilitate productivity
improvements; specify ways to reduce material costs; and must consider the long-term
operating costs of the building, including the use of renewable energy sources and distributed
electric energy generation that uses a renewable source or natural gas or a fuel that is as
clean or cleaner than natural gas.
deleted text end
new text begin Subd. 2a. new text end
new text begin Guidelines; purpose. new text end
new text begin
(a) The primary objectives of the guidelines are to:
new text end
new text begin
(1) reduce energy consumption and statewide greenhouse gas emissions, as defined in
section 216H.01, subdivision 2;
new text end
new text begin
(2) improve the quality of the environment;
new text end
new text begin
(3) achieve the lowest possible lifetime cost for new buildings and major renovations;
and
new text end
new text begin
(4) encourage design of resilient buildings to adapt to and accommodate projected
climate-related changes that are reflected in both acute events and chronic trends, including
but not limited to changes in temperature and precipitation levels.
new text end
new text begin
(b) The guidelines must consider the following to meet the objectives in paragraph (a):
new text end
new text begin
(1) the health, well-being, and productivity of building occupants;
new text end
new text begin
(2) material costs and sustainability;
new text end
new text begin
(3) construction and operating costs;
new text end
new text begin
(4) the use of renewable energy sources;
new text end
new text begin
(5) water usage;
new text end
new text begin
(6) diversion of waste from landfills;
new text end
new text begin
(7) air quality and lighting standards;
new text end
new text begin
(8) site design; and
new text end
new text begin
(9) any other factors the commissioner deems relevant.
new text end
new text begin
(c) The guidelines may be revised to encourage continual energy conservation
improvements in new buildings and major renovations.
new text end
Subd. 3.
Development of guidelines; applicability.
new text begin (a) new text end In developing the guidelines,
the departments shall use an open process, including providing the opportunity for public
comment. The guidelines established under this section are mandatory for all new buildings
receiving funding from the bond proceeds fund after January 1, 2004, and for all major
renovations receiving funding from the bond proceeds fund after January 1, 2009.new text begin The
guidelines are also mandatory for all new buildings and major renovations receiving funding
from the general fund after January 1, 2023.
new text end
new text begin
(b) The guidelines do not apply to projects that have:
new text end
new text begin
(1) already completed design at the time money is received from the bond proceeds fund
or general fund; and
new text end
new text begin
(2) not received an appropriation from the bond proceeds fund before January 1, 2023.
new text end
deleted text begin Subd. 4. deleted text end
deleted text begin Guideline revisions. deleted text end
deleted text begin
The commissioners of administration and commerce shall
review the guidelines periodically and as soon as practicable revise the guidelines to
incorporate performance standards developed under section 216B.241, subdivision 9.
deleted text end
new text begin Subd. 4a. new text end
new text begin Guidelines; annual review. new text end
new text begin
On or before February 1, 2024, and each year
thereafter, the commissioner of administration must review and amend the guidelines to
better meet the goals under subdivision 6. The review must be conducted with the
commissioner of commerce and in consultation with other stakeholders.
new text end
new text begin Subd. 5. new text end
new text begin Guideline administration and oversight. new text end
new text begin
(a) The commissioner of
administration, in consultation with the commissioner of commerce, shall contract with
CSBR to administer the guidelines. At a minimum, CSBR must:
new text end
new text begin
(1) offer training on an annual basis to state agencies, project team members, and other
entities involved in designing projects subject to the guidelines on how projects may meet
the guideline requirements;
new text end
new text begin
(2) develop procedures for compliance with the guidelines, in accordance with the criteria
under subdivision 7;
new text end
new text begin
(3) periodically conduct postconstruction performance evaluations on projects to evaluate
the effectiveness of the guidelines in meeting the goals under subdivision 6;
new text end
new text begin
(4) determine whether project designs comply with the guidelines;
new text end
new text begin
(5) administer a tracking system for all projects subject to the guidelines;
new text end
new text begin
(6) develop measurable goals for the guidelines based in accordance with subdivision
6;
new text end
new text begin
(7) offer technical assistance to state agencies, project team members, and other entities
with responsibility for managing and designing projects subject to the guidelines;
new text end
new text begin
(8) provide a report on or before December 1 annually to the commissioner of
administration on the following:
new text end
new text begin
(i) the current status of all projects subject to the guidelines and the projects' compliance
with the guidelines; and
new text end
new text begin
(ii) an analysis of the effects of the guidelines on the goals under subdivision 6; and
new text end
new text begin
(9) perform any other duties required by the commissioner of administration to administer
the guidelines.
new text end
new text begin
(b) State agencies, project team members, and other entities that are responsible for
managing or designing projects subject to the guidelines must provide any compliance data
requested by CSBR that CSBR deems necessary to fulfill the duties described under this
subdivision.
new text end
new text begin
(c) The commissioner of administration is responsible for ensuring that the oversight
duties under this subdivision are fulfilled.
new text end
new text begin Subd. 6. new text end
new text begin Measurable goals. new text end
new text begin
CSBR, in collaboration with the commissioner of
administration and the commissioner of commerce, must develop measurable goals for the
guidelines based on the objectives and considerations described in subdivision 2a. The
commissioner of administration must provide final approval of the goals under this
subdivision.
new text end
new text begin Subd. 7. new text end
new text begin Procedures. new text end
new text begin
(a) The commissioner of administration must develop procedures
to administer the guidelines. The commissioner of administration may delegate guideline
administration responsibilities to state agencies. The procedures under this subdivision must
specify the administrative activities for which state agencies are responsible.
new text end
new text begin
(b) The procedures must include:
new text end
new text begin
(1) criteria to identify whether a project is subject to the guidelines;
new text end
new text begin
(2) information on project team member roles and guideline administration requirements
for each role;
new text end
new text begin
(3) a process to notify projects subject to the guidelines of the guideline requirements;
new text end
new text begin
(4) a guideline-related data submission process coordinated by the commissioner of
administration;
new text end
new text begin
(5) activities and a timeline to monitor project compliance with the guidelines; and
new text end
new text begin
(6) record-keeping requirements and related retention schedules for materials related to
guideline compliance.
new text end
new text begin Subd. 8. new text end
new text begin Guidelines waivers. new text end
new text begin
(a) The commissioner of administration, in consultation
with the commissioner of commerce and other stakeholders, must develop a process to
review and approve waivers to the guidelines.
new text end
new text begin
(b) A waiver under this subdivision is only permitted due to technological limitations
or when the project's intended use conflicts with the guidelines.
new text end
new text begin
(c) A waiver request for a project owned by a state agency must be reviewed and approved
by the commissioner of administration. If the waiver request is for a project owned by the
Department of Administration, the waiver request must be approved by the commissioner
of management and budget.
new text end
new text begin Subd. 9. new text end
new text begin Report. new text end
new text begin
The commissioner of administration must report to the legislature by
February 1 of each year. The report must include:
new text end
new text begin
(1) information on the current status of all projects subject to the guidelines and the
projects' compliance with the guidelines;
new text end
new text begin
(2) an analysis of the effects of the guidelines on the measurable goals under subdivision
6; and
new text end
new text begin
(3) any other information the commissioner of administration deems relevant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 216B.1611, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Distributed generation capacity; treatment. new text end
new text begin
(a) No later than November 1,
2023, the commission must issue an order clarifying that for the purpose of interconnecting
an on-site customer-owned distributed generation facility, the capacity of the facility must
be measured and expressed as:
new text end
new text begin
(1) export capacity rather than nameplate capacity; and
new text end
new text begin
(2) alternating current capacity.
new text end
new text begin
(b) For the purposes of this subdivision, "export capacity" means a distributed generation
facility's nameplate capacity net of any limitations on the amount of power the distributed
generating facility is capable of exporting to a utility's distribution system resulting from
physical equipment that is part of or connected to the generating facility, including but not
limited to an inverter, relay, or energy storage system, as defined in section 216B.2422,
subdivision 1, paragraph (f), as reported to the utility by the owner of the distributed
generation facility.
new text end
new text begin
(c) The owner of a distributed generation facility interconnected to a utility's distribution
system may not increase the export capacity of the distributed generation facility beyond
the level that was first interconnected to the utility's distribution system without the utility's
written approval. The utility must respond in writing to an owner's notice of intent to increase
export capacity within 90 days of the date the notice of interest is received, and may reject
the request only upon determining that approving the request would reduce safety or the
reliability of electric service.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
new text begin
[216B.1616] ENERGY STORAGE; PEAK SHAVING TARIFF.
new text end
new text begin
(a) No later than September 15, 2023, the commission must initiate a docket designed
to result in a commission order requiring public utilities providing electric service to file a
tariff with the commission, based on guidelines established in the order, to compensate
customer-owners of on-site energy storage systems, as defined in section 216B.2422,
subdivision 1, paragraph (f), for the discharge of stored energy that is net input to the utility
during periods of peak electricity demand by utility customers.
new text end
new text begin
(b) Within 90 days of the date the commission issues an order under this subdivision,
each public utility must file with the commission for commission approval, disapproval, or
modification a tariff that is consistent with the order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
new text begin
[216B.1697] ENERGY STORAGE SYSTEMS; DEPLOYMENT TARGETS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "energy storage system" has
the meaning given in section 216B.2422, subdivision 1.
new text end
new text begin Subd. 2. new text end
new text begin Deployment targets. new text end
new text begin
(a) Each utility required to file a resource plan under
section 216B.2422 must deploy energy storage systems of a capacity determined by the
commission under paragraph (b). No later than December 31, 2033, the aggregate statewide
capacity of energy storage systems deployed by all utilities subject to this section must be
at least 3,000 megawatts.
new text end
new text begin
(b) No later than October 1, 2023, the commission must issue an order specifying the
amount of energy storage capacity required of each utility subject to this section in order
to meet the statewide capacity target and schedule in paragraph (a). The amount of energy
storage capacity required of an individual utility must be calculated by dividing each utility's
total electric retail sales to Minnesota customers in 2022 by total electric retail sales to
Minnesota customers in 2022 of all utilities subject to this section, and multiplying that
quotient by 3,000 megawatts. The commission may establish interim energy storage capacity
targets that utilities are required to meet before the 2033 target date.
new text end
new text begin Subd. 3. new text end
new text begin Application. new text end
new text begin
(a) A utility must file an application with the commission prior
to installing each proposed energy storage system contributing to the energy storage target
assigned to the utility under subdivision 2. Each application must contain:
new text end
new text begin
(1) the energy storage system's technical specifications, including but not limited to:
new text end
new text begin
(i) the maximum amount of electric output that the energy storage system can provide;
new text end
new text begin
(ii) the length of time the energy storage system can sustain maximum output;
new text end
new text begin
(iii) the location of the project within the utility's distribution system and a description
of the analysis conducted to determine the location;
new text end
new text begin
(iv) a description of the utility's electric system needs that the proposed energy storage
system addresses;
new text end
new text begin
(v) a description of the types of services the energy storage system is expected to provide;
and
new text end
new text begin
(vi) a description of the technology required to construct, operate, and maintain the
energy storage system, including any data or communication system necessary to operate
the energy storage system;
new text end
new text begin
(2) the estimated cost of the project, including:
new text end
new text begin
(i) capital costs;
new text end
new text begin
(ii) the estimated cost per unit of energy delivered by the energy storage system; and
new text end
new text begin
(iii) an evaluation of the cost-effectiveness of the energy storage system;
new text end
new text begin
(3) the estimated benefits of the energy storage system to the utility's electric system,
including but not limited to:
new text end
new text begin
(i) deferred investments in generation, transmission, or distribution capacity;
new text end
new text begin
(ii) reduced need for electricity during times of peak demand;
new text end
new text begin
(iii) improved reliability of the utility's transmission or distribution system; and
new text end
new text begin
(iv) improved integration of the utility's renewable energy resources;
new text end
new text begin
(4) a description indicating how the addition of an energy storage system complements
the utility's proposed actions described in the most recent integrated resource plan submitted
under section 216B.2422 to meet expected demand with the least expensive combination
of resources; and
new text end
new text begin
(5) any additional information required by the commission.
new text end
new text begin
(b) A utility must include in the application an evaluation of the potential to store energy
throughout the utility's electric system and must identify geographic areas in the utility's
service area where the deployment of energy storage systems has the greatest potential to
achieve the economic benefits identified in paragraph (a), clause (3).
new text end
new text begin Subd. 4. new text end
new text begin Commission review. new text end
new text begin
The commission must review each proposal submitted
under this section and may approve, reject, or modify the proposal. The commission must
approve a proposal the commission determines: (1) is in the public interest; and (2) reasonably
balances the value derived from the deployment of an energy storage system for ratepayers
and the utility's operations with the cost to procure, construct, operate, and maintain the
energy storage system.
new text end
new text begin Subd. 5. new text end
new text begin Cost recovery. new text end
new text begin
A public utility may recover from ratepayers all costs prudently
incurred by the public utility to deploy an energy storage system approved by the commission
under this section, net of any revenues generated by the operation of the energy storage
system.
new text end
new text begin Subd. 6. new text end
new text begin Reporting; compliance. new text end
new text begin
The commission must establish reporting procedures
for utilities that are sufficient in content and frequency to keep the commission informed
regarding compliance with this section.
new text end
new text begin Subd. 7. new text end
new text begin Commission authority; orders. new text end
new text begin
The commission may issue orders and conduct
proceedings necessary to implement and administer this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2022, section 216B.2402, subdivision 16, is amended to read:
Subd. 16.
Low-income household.
"Low-income household" means a household whose
household incomenew text begin :
new text end
new text begin (1)new text end is deleted text begin 60deleted text end new text begin 80new text end percent or less of the deleted text begin statedeleted text end new text begin areanew text end median household incomedeleted text begin .deleted text end new text begin for the geographic
area in which the low-income household is located, as calculated by the United States
Department of Housing and Urban Development; or
new text end
new text begin
(2) meets the income eligibility standards, as determined by the commissioner, required
for a household to receive financial assistance from a federal, state, municipal, or utility
program administered or approved by the department.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2022, section 216B.2422, subdivision 7, is amended to read:
Subd. 7.
Energy storage systems assessment.
(a) Each deleted text begin publicdeleted text end utility required to file a
resource plan under subdivision 2 must new text begin incorporate in the utility's resource planning the
energy storage targets the utility is required to meet under section 216B.1697 and must
new text end include in the filing an assessment of energy storage systems that analyzes how the
deployment of energy storage systems contributes to:
(1) meeting identified generation and capacity needs; deleted text begin and
deleted text end
new text begin
(2) the factors identified in section 216B.1697, subdivision 3, paragraph (a), clause (3);
and
new text end
deleted text begin (2)deleted text end new text begin (3)new text end evaluating ancillary services.
(b) The assessment must employ appropriate modeling methods to enable the analysis
required in paragraph (a).
Sec. 7.
Minnesota Statutes 2022, section 216C.05, subdivision 2, is amended to read:
Subd. 2.
Energy policy goals.
It is the energy policy of the state of Minnesota that:
(1) annual energy savings equal to at least 1.5 percent of annual retail energy sales of
electricity and natural gas deleted text begin bedeleted text end new text begin isnew text end achieved through cost-effective energy efficiency;
(2) the per capita use of fossil fuel as an energy input deleted text begin bedeleted text end new text begin isnew text end reduced by 15 percent by the
year 2015, through increased reliance on energy efficiency and renewable energy alternatives;
(3) 25 percent of the total energy used in deleted text begin the state bedeleted text end new text begin Minnesota isnew text end derived from renewable
energy resources by the year 2025; deleted text begin and
deleted text end
new text begin
(4) energy use in existing commercial and residential buildings is reduced by 50 percent
by 2035, and is achieved by: (i) using the most effective current energy-saving incentive
programs, evaluated by participation and efficacy; and (ii) developing and implementing
new programs, prioritizing solutions that achieve the highest overall carbon reduction; and
new text end
deleted text begin (4)deleted text end new text begin (5)new text end retail electricity rates for each customer class deleted text begin bedeleted text end new text begin arenew text end at least five percent below
the national average.
Sec. 8.
Minnesota Statutes 2022, section 216C.264, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Low-income conservation program" means a utility program that offers energy
conservation services to low-income households under sections 216B.2403, subdivision 5,
and 216B.241, subdivision 7.
new text end
new text begin
(c) "Preweatherization measure" has the meaning given in section 216B.2402, subdivision
20.
new text end
new text begin
(d) "Weatherization assistance program" means the federal program described in Code
of Federal Regulations, title 10, part 440 et seq., designed to assist low-income households
reduce energy use in a cost-effective manner.
new text end
new text begin
(e) "Weatherization services" means the energy conservation preweatherization measures
installed in households under the weatherization assistance program and low-income
conservation program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2022, section 216C.264, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin State supplementary weatherization grants account. new text end
new text begin
(a) A state
supplementary weatherization grants account is established as a separate account in the
special revenue fund in the state treasury. The commissioner must credit appropriations and
transfers to the account. Earnings, including interest, dividends, and any other earnings
arising from assets of the account, must be credited to the account. Money remaining in the
account at the end of a fiscal year does not cancel to the general fund but remains in the
account until expended. The commissioner must manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the commissioner for the purposes of
subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2022, section 216C.264, subdivision 5, is amended to read:
Subd. 5.
Grant allocation.
new text begin (a) new text end The commissioner must distribute supplementary state
grants in a manner consistent with the goal of producing the maximum number of weatherized
units. Supplementary state grants deleted text begin are provided primarily for the payment ofdeleted text end new text begin may be used:
new text end
new text begin
(1) to address physical deficiencies in a residence that increase heat loss, including
deficiencies that prohibit the residence from being eligible to receive federal weatherization
assistance;
new text end
new text begin
(2) to install preweatherization measures established by the commissioner under section
216B.241, subdivision 7, paragraph (g);
new text end
new text begin
(3) to increase the number of weatherized residences;
new text end
new text begin
(4) to conduct outreach activities to make income-eligible households aware of the
weatherization services available to income-eligible households, to assist applicants to fill
out applications for weatherization assistance, and to provide translation services where
necessary;
new text end
new text begin
(5) to enable a project in a multifamily building to proceed even if the project cannot
comply with the federal requirement that the project must be completed within the same
federal fiscal year in which a project begins;
new text end
new text begin
(6) to address shortages of workers trained to provide weatherization services, including
expanding training opportunities in existing and new training programs;
new text end
new text begin
(7) to support the operation of the weatherization training program under section
216C.2641;
new text end
new text begin (8) to pay new text end additional labor costs for the federal weatherization programdeleted text begin ,deleted text end new text begin ;new text end and
new text begin (9)new text end as an incentive for the increased production of weatherized units.
new text begin (b) new text end Criteria for the allocation of state grants to local agencies include existing local
agency production levels, emergency needs, and the potential for maintaining or increasing
acceptable levels of production in the area.
new text begin (c) new text end An eligible local agency may receive advance funding for 90 days' production, but
thereafter must receive grants solely on the basis of program criteria.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
new text begin
[216C.2641] WEATHERIZATION TRAINING GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of commerce must establish a
weatherization training grant program to award grants to train workers for careers in the
weatherization industry.
new text end
new text begin Subd. 2. new text end
new text begin Grants. new text end
new text begin
(a) The commissioner must award grants through a competitive grant
process.
new text end
new text begin
(b) An eligible entity under paragraph (c) seeking a grant under this section must submit
a written application to the commissioner using a form developed by the commissioner.
new text end
new text begin
(c) The commissioner may award grants under this section only to:
new text end
new text begin
(1) a nonprofit organization exempt from taxation under section 501(c)(3) of the United
States Internal Revenue Code;
new text end
new text begin
(2) a labor organization, as defined in section 179.01, subdivision 6; or
new text end
new text begin
(3) a job training center or educational institution that the commissioner of commerce
determines has the ability to train workers for weatherization careers.
new text end
new text begin
(d) Grant funds must be used to pay costs associated with training workers for careers
in the weatherization industry, including related supplies, materials, instruction, and
infrastructure.
new text end
new text begin
(e) When awarding grants under this section, the commissioner must give priority to
applications that provide the highest quality training to prepare trainees for weatherization
employment opportunities that meet technical standards and certifications developed by the
Building Performance Institute, Inc., or the Standard Work Specifications developed by the
United States Department of Energy for the federal Weatherization Assistance Program.
new text end
new text begin Subd. 3. new text end
new text begin Reports. new text end
new text begin
By January 15, 2025, and each January 15 thereafter, the commissioner
must submit a report to the chairs and ranking minority members of the senate and house
of representatives committees with jurisdiction over energy policy. The report must detail
the use of grant funds under this section, including data on the number of trainees trained
and the career progress of trainees supported by prior grants.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
new text begin
[216C.331] ENERGY BENCHMARKING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Aggregated customer energy use data" means customer energy use data, which is
combined into one collective data point per time interval. Aggregated customer energy use
data is data with any unique identifiers or other personal information removed that a
qualifying utility collects and aggregates in at least monthly intervals for an entire building
on a covered property.
new text end
new text begin
(c) "Benchmark" means to electronically input into a benchmarking tool the total energy
use data and other descriptive information about a building that is required by a benchmarking
tool.
new text end
new text begin
(d) "Benchmarking information" means data related to a building's energy use generated
by a benchmarking tool, and other information about the building's physical and operational
characteristics. Benchmarking information includes but is not limited to the building's:
new text end
new text begin
(1) address;
new text end
new text begin
(2) owner and, if applicable, the building manager responsible for operating the building's
physical systems;
new text end
new text begin
(3) total floor area, expressed in square feet;
new text end
new text begin
(4) energy use intensity;
new text end
new text begin
(5) greenhouse gas emissions; and
new text end
new text begin
(6) energy performance score comparing the building's energy use with that of similar
buildings.
new text end
new text begin
(e) "Benchmarking tool" means the United States Environmental Protection Agency's
Energy Star Portfolio Manager tool or an equivalent tool determined by the commissioner.
new text end
new text begin
(f) "Customer energy use data" refers to data collected from the utility customer meters
that reflect the quantity, quality, or timing of customers' usage.
new text end
new text begin
(g) "Covered property" means any property that is served by an investor-owned utility
in the metropolitan area as defined in section 473.121, subdivision 2, or by a municipal
energy utility or investor-owned utility in any city outside the metropolitan area with a
population of over 50,000 residents, and that has one or more buildings containing in sum
50,000 gross square feet or greater. Covered property does not include:
new text end
new text begin
(1) a residential property containing fewer than five dwelling units;
new text end
new text begin
(2) a property that is: (i) classified as manufacturing under the North American Industrial
Classification System (NAICS); (ii) an energy-intensive trade-exposed customer, as defined
in section 216B.1696; (iii) an electric power generation facility; or (iv) otherwise an industrial
building incompatible with benchmarking in the benchmarking tool;
new text end
new text begin
(3) an agricultural building; or
new text end
new text begin
(4) a multitenant building that is served by a utility that cannot supply aggregated
customer usage data, and other property types that do not meet the purposes of this section,
as determined by the commissioner.
new text end
new text begin
(h) "Energy" means electricity, natural gas, steam, or another product used to: (1) provide
heating, cooling, lighting, or water heating; or (2) power other end uses in a building.
new text end
new text begin
(i) "Energy use intensity" means the total annual energy consumed in a building divided
by the building's total floor area.
new text end
new text begin
(j) "Energy performance score" means a numerical value from one to 100 that the Energy
Star Portfolio Manager tool calculates to rate a building's energy efficiency against that of
comparable buildings nationwide.
new text end
new text begin
(k) "Energy Star Portfolio Manager" means an interactive resource management tool
developed by the United States Environmental Protection Agency that (1) enables the
periodic entry of a building's energy use data and other descriptive information about a
building, and (2) rates a building's energy efficiency against that of comparable buildings
nationwide.
new text end
new text begin
(l) "Financial distress" means a covered property that, at the time benchmarking is
conducted:
new text end
new text begin
(1) is the subject of a qualified tax lien sale or public auction due to property tax
arrearages;
new text end
new text begin
(2) is controlled by a court-appointed receiver based on financial distress;
new text end
new text begin
(3) is owned by a financial institution through default by the borrower;
new text end
new text begin
(4) has been acquired by deed in lieu of foreclosure; or
new text end
new text begin
(5) has a senior mortgage that is subject to a notice of default.
new text end
new text begin
(m) "Local government" means a statutory or home rule municipality or county.
new text end
new text begin
(n) "Owner" means:
new text end
new text begin
(1) an individual or entity that possesses title to a covered property; or
new text end
new text begin
(2) an agent authorized to act on behalf of the covered property owner.
new text end
new text begin
(o) "Qualifying utility" means a utility serving the covered property, including:
new text end
new text begin
(1) an electric or gas utility, including:
new text end
new text begin
(i) an investor-owned electric or gas utility; or
new text end
new text begin
(ii) a municipally owned electric or gas utility;
new text end
new text begin
(2) a natural gas supplier with five or more active commercial connections, accounts,
or customers in the state; or
new text end
new text begin
(3) a district stream, hot water, or chilled water provider.
new text end
new text begin
(p) "Tenant" means a person that occupies or holds possession of a building or part of
a building or premises pursuant to a rental or lease agreement.
new text end
new text begin
(q) "Total floor area" means the sum of gross square footage inside a building's envelope,
measured between the outside exterior walls of the building. Total floor area includes covered
parking structures.
new text end
new text begin
(r) "Utility customer" means the building owner or tenant listed on the utility's records
as the customer liable for payment of the utility service or additional charges assessed on
the utility account.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner must establish and maintain a building
energy benchmarking program. The purpose of the program is to:
new text end
new text begin
(1) make a building's owners, tenants, and potential tenants aware of (i) the building's
energy consumption levels and patterns, and (ii) how the building's energy use compares
with that of similar buildings nationwide; and
new text end
new text begin
(2) enhance the likelihood that an owner adopts energy conservation measures in the
owner's building as a way to reduce energy use, operating costs, and greenhouse gas
emissions.
new text end
new text begin Subd. 3. new text end
new text begin Classification of covered properties. new text end
new text begin
For the purposes of this section, a covered
property is classified as follows:
new text end
|
new text begin
Class new text end |
new text begin
Total Floor Area (square feet) new text end |
|
new text begin
1 new text end |
new text begin
100,000 or more new text end |
|
new text begin
2 new text end |
new text begin
50,000 to 99,999 new text end |
new text begin Subd. 4. new text end
new text begin Benchmarking requirement. new text end
new text begin
(a) An owner must annually benchmark all
covered property owned as of December 31 in conformity with the schedule in subdivision
7. Energy use data must be compiled by:
new text end
new text begin
(1) obtaining the data from the utility providing the energy; or
new text end
new text begin
(2) reading a master meter.
new text end
new text begin
(b) Before entering information in a benchmarking tool, an owner must run all automated
data quality assurance functions available within the benchmarking tool and must correct
all data identified as missing or incorrect.
new text end
new text begin
(c) An owner who becomes aware that any information entered into a benchmarking
tool is inaccurate or incomplete must amend the information in the benchmarking tool within
30 days of the date the owner learned of the inaccuracy.
new text end
new text begin
(d) Nothing in this subdivision prohibits an owner of property that is not a covered
property from voluntarily benchmarking a property under this section.
new text end
new text begin Subd. 5. new text end
new text begin Exemption by individual building. new text end
new text begin
(a) The commissioner may exempt an
owner of a covered property from the requirements of subdivision 4 if the owner provides
evidence satisfactory to the commissioner that the covered property:
new text end
new text begin
(1) is presently experiencing financial distress;
new text end
new text begin
(2) has been less than 50 percent occupied during the previous calendar year;
new text end
new text begin
(3) does not have a certificate of occupancy or temporary certificate of occupancy for
the full previous calendar year;
new text end
new text begin
(4) was issued a demolition permit during the previous calendar year that remains current;
or
new text end
new text begin
(5) received no energy services for at least 30 days during the previous calendar year.
new text end
new text begin
(b) An exemption granted under this subdivision applies only to a single calendar year.
An owner must reapply to the commissioner each year an extension is sought.
new text end
new text begin
(c) Within 30 days of the date an owner makes a request under this paragraph, a tenant
of a covered property subject to this section must provide the owner with any information
regarding energy use of the tenant's rental unit that the property owner cannot otherwise
obtain and that is needed by the owner to comply with this section. The tenant must provide
the information required under this paragraph in a format approved by the commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Exemption by other government benchmarking program. new text end
new text begin
An owner is
exempt from the requirements of subdivision 4 for a covered property if the property is
subject to a benchmarking requirement by the state, a city, or other political subdivision
with a benchmarking requirement that the commissioner determines is equivalent or more
stringent, as determined under subdivision 11, paragraph (b), than the benchmarking
requirement established in this section. The exemption under this subdivision applies in
perpetuity unless or until the benchmarking requirement is changed or revoked and the
commissioner determines the benchmarking requirement is no longer equivalent nor more
stringent.
new text end
new text begin Subd. 7. new text end
new text begin Benchmarking schedule. new text end
new text begin
(a) An owner must annually benchmark each covered
property for the previous calendar year according to the following schedule:
new text end
new text begin
(1) all Class 1 properties by June 1, 2025, and by every June 1 thereafter; and
new text end
new text begin
(2) all Class 2 properties by June 1, 2026, and by every June 1 thereafter.
new text end
new text begin
(b) Beginning June 1, 2025, for Class 1 properties, and June 1, 2026, for Class 2
properties, an owner who is selling a covered property must provide the following to the
new owner at the time of sale:
new text end
new text begin
(1) benchmarking information for the most recent 12-month period, including monthly
energy use by source; or
new text end
new text begin
(2) ownership of the digital property record in the benchmarking tool through an online
transfer.
new text end
new text begin Subd. 8. new text end
new text begin Utility data requirements. new text end
new text begin
(a) In implementing this section, a qualifying utility
shall implement the data aggregation standards established by the commission in docket
number 19-505, including changes to the standards adopted in an order issued after the
effective date of this section. A municipal energy utility serving a covered property under
this section shall adopt data aggregation standards that are substantially similar to the
standards included in the commission's order in that docket and subsequent relevant orders.
new text end
new text begin
(b) Customer energy use data that a qualifying utility provides an owner pursuant to this
subdivision must be:
new text end
new text begin
(1) available on, or able to be requested through, an easily navigable web portal or online
request form using up-to-date standards for digital authentication;
new text end
new text begin
(2) provided to the owner within 30 days after receiving the owner's valid written or
electronic request;
new text end
new text begin
(3) provided for at least 24 consecutive months of energy consumption or as many
months of consumption data that are available if the owner has owned the building for less
than 24 months;
new text end
new text begin
(4) directly uploaded to the owner's benchmarking tool account, delivered in the
spreadsheet template specified by the benchmarking tool, or delivered in another format
approved by the commissioner;
new text end
new text begin
(5) provided to the owner on at least an annual basis until the owner revokes the request
for energy use data or sells the covered property; and
new text end
new text begin
(6) provided in monthly intervals, or the shortest available intervals based in billing.
new text end
new text begin
(c) Data necessary to establish, utilize, or maintain information in the benchmarking
tool under this section may be collected or shared as provided by this section and are
considered public data whether or not the data have been aggregated.
new text end
new text begin Subd. 9. new text end
new text begin Data collection and management. new text end
new text begin
(a) The commissioner must:
new text end
new text begin
(1) collect benchmarking information generated by a benchmarking tool and other related
information for each covered property;
new text end
new text begin
(2) provide technical assistance to owners entering data into a benchmarking tool;
new text end
new text begin
(3) collaborate with the Department of Revenue to collect the data necessary for
establishing the covered property list annually; and
new text end
new text begin
(4) provide technical guidance to utilities in the establishment of data aggregation and
access tools.
new text end
new text begin
(b) Upon request of the commissioner, a county assessor shall provide readily available
property data necessary for the development of the covered property list, including but not
limited to gross floor area, property type, and owner information by January 15 annually.
new text end
new text begin
(c) The commissioner must:
new text end
new text begin
(1) rank benchmarked covered properties in each property class from highest to lowest
performance score or, if a performance score is unavailable for a covered property, from
lowest to highest energy use intensity;
new text end
new text begin
(2) divide covered properties in each property class into four quartiles based on the
applicable measure in clause (1);
new text end
new text begin
(3) assign four stars to each covered property in the quartile of each property class with
the highest performance scores or lowest energy use intensities, as applicable;
new text end
new text begin
(4) assign three stars to each covered property in the quartile of each property class with
the second highest performance scores or second lowest energy use intensities, as applicable;
new text end
new text begin
(5) assign two stars to each covered property in the quartile of each property class with
the third highest performance scores or third lowest energy use intensities, as applicable;
new text end
new text begin
(6) assign one star to each covered property in the quartile of each property class with
the lowest performance scores or highest energy use intensities, as applicable; and
new text end
new text begin
(7) serve notice in writing to each owner identifying the number of stars assigned by the
commissioner to each of the owner's covered properties.
new text end
new text begin Subd. 10. new text end
new text begin Data disclosure to public. new text end
new text begin
(a) The commissioner must post on the department's
website and update by December 1 annually the following information for the previous
calendar year:
new text end
new text begin
(1) annual summary statistics on energy use for all covered properties;
new text end
new text begin
(2) annual summary statistics on energy use for all covered properties, aggregated by
covered property class, as defined in subdivision 3, city, and county;
new text end
new text begin
(3) the percentage of covered properties in each building class listed in subdivision 3
that are in compliance with the benchmarking requirements under subdivisions 4 to 7; and
new text end
new text begin
(4) for each covered property, at a minimum, the address, total energy use, energy use
intensity, annual greenhouse gas emissions, and energy performance score, if available.
new text end
new text begin
(b) The commissioner must post the information required under this subdivision for:
new text end
new text begin
(1) all Class 1 properties by November 1, 2025, and by every November 1 thereafter;
and
new text end
new text begin
(2) all Class 2 properties by November 1, 2026, and by every November 1 thereafter.
new text end
new text begin Subd. 11. new text end
new text begin Coordination with other benchmarking programs. new text end
new text begin
(a) The commissioner
shall coordinate with any state agency or local government that implements an energy
benchmarking program, including the coordination of reporting requirements.
new text end
new text begin
(b) This section does not restrict a local government from adopting or implementing an
ordinance or resolution that imposes more stringent benchmarking requirements. For purposes
of this section, a local government benchmarking program is more stringent if the program
requires:
new text end
new text begin
(1) buildings to be benchmarked that are not required to be benchmarked under this
section; or
new text end
new text begin
(2) benchmarking of information that is not required to be benchmarked under this
section.
new text end
new text begin
(c) Benchmarking program requirements of local governments must:
new text end
new text begin
(1) be at least as comprehensive in scope and application as the program operated under
this section; and
new text end
new text begin
(2) include annual enforcement of a penalty on covered properties that do not comply
with the local government's benchmarking ordinance.
new text end
new text begin
(d) Local governments must notify the commissioner of the local government's existing
benchmarking ordinance requirements. Local governments must notify the commissioner
of new, changed, or revoked ordinance requirements, which when made by December 31
would apply to the benchmarking schedule for the following year.
new text end
new text begin
(e) The commissioner shall make available for local governments upon request all
benchmarking data for covered properties within the local government's jurisdiction by
December 1, annually.
new text end
new text begin Subd. 12. new text end
new text begin Building performance disclosure to occupants. new text end
new text begin
The commissioner must
provide disclosure materials for public display within a building to building owners, so that
building owners can prominently display the performance of the building. The materials
must include the number of stars assigned to the building by the commissioner under
subdivision 9, paragraph (c), and a relevant explanation of the rating.
new text end
new text begin Subd. 13. new text end
new text begin Notifications. new text end
new text begin
By March 1 each year, the commissioner must notify the owner
of each covered property required to benchmark for the previous calendar year of the
requirement to benchmark by June 1 of the current year.
new text end
new text begin Subd. 14. new text end
new text begin Program implementation. new text end
new text begin
The commissioner may contract with an
independent third party to implement any or all of the commissioner's duties required under
this section. To implement the benchmarking program, the commissioner shall assist building
owners to increase energy efficiency and reduce greenhouse gas emissions from the owners'
buildings, including by providing outreach, training, and technical assistance to building
owners to help the owners' buildings come into compliance with the benchmarking program.
new text end
new text begin Subd. 15. new text end
new text begin Enforcement. new text end
new text begin
By June 15 each year, the commissioner must notify the owner
of each covered property required to comply with this section that has failed to comply that
the owner has until July 15 to come into compliance, unless the owner requests an extension,
in which case the owner has until August 15 to come into compliance. If an owner fails to
comply with the requirements of this section by July 15 and fails to request an extension
by that date, or is given an extension and fails to comply by August 15, the commissioner
may impose a civil fine of $1,000 on the owner. The commissioner may by rule increase
the civil fine to adjust for inflation.
new text end
new text begin Subd. 16. new text end
new text begin Recovery of expenses. new text end
new text begin
The commission shall allow a public utility to recover
reasonable and prudent expenses of implementing this section under section 216B.16,
subdivision 6b. The costs and benefits associated with implementing this section may, at
the discretion of the utility, be excluded from the calculation of net economic benefits for
purposes of calculating the financial incentive to the public utility under section 216B.16,
subdivision 6c. The energy and demand savings may, at the discretion of the public utility,
be applied toward the calculation of overall portfolio energy and demand savings for purposes
of determining progress toward annual goals under section 216B.241, subdivision 1c, and
in the financial incentive mechanism under section 216B.16, subdivision 6c.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment, except
that subdivision 15 is effective June 15, 2026.
new text end
Sec. 13.
new text begin
[216C.378] ENERGY STORAGE INCENTIVE PROGRAM.
new text end
new text begin
(a) The public utility subject to section 116C.779 must develop and operate a program
to provide a grant to customers to reduce the cost to purchase and install an on-site energy
storage system, as defined in section 216B.2422, subdivision 1, paragraph (f). The public
utility subject to this section must file a plan with the commissioner to operate the program
no later than November 1, 2023. The public utility must not operate the program until the
program is approved by the commissioner. Any change to an operating program must be
approved by the commissioner.
new text end
new text begin
(b) In order to be eligible to receive a grant under this section, an energy storage system
must:
new text end
new text begin
(1) have a capacity no greater than 50 kilowatt hours; and
new text end
new text begin
(2) be located within the electric service area of the public utility subject to this section.
new text end
new text begin
(c) An owner of an energy storage system is eligible to receive a grant under this section
if:
new text end
new text begin
(1) a solar energy generating system is operating at the same site as the proposed energy
storage system; or
new text end
new text begin
(2) the owner has filed an application with the public utility subject to this section to
interconnect a solar energy generating system at the same site as the proposed energy storage
system.
new text end
new text begin
(d) The amount of a grant awarded under this section must be based on the number of
watt-hours that reflects the duration of the energy storage system at the system's rated
capacity, up to a maximum of $5,000.
new text end
new text begin
(e) The commissioner must annually review and may adjust the amount of grants awarded
under this section, but must not increase the amount over that awarded in previous years
unless the commissioner demonstrates in writing that an upward adjustment is warranted
by market conditions.
new text end
new text begin
(f) A customer who receives a grant under this section is eligible to receive financial
assistance under programs operated by the state or the utility for the solar energy generating
system operating in conjunction with the energy storage system.
new text end
new text begin
(g) For the purposes of this section, "solar energy generating system" has the meaning
given in section 216E.01, subdivision 9a.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
new text begin
[216C.46] RESIDENTIAL HEAT PUMP REBATE PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Eligible applicant" means a person who provides evidence to the commissioner's
satisfaction demonstrating that the person has received or has applied for a heat pump rebate
available from the federal Department of Energy under the Inflation Reduction Act of 2022,
Public Law 117-189.
new text end
new text begin
(c) "Heat pump" means a cold climate rated air-source heat pump composed of (1) a
mechanism that heats and cools indoor air by transferring heat from outdoor or indoor air
using a fan, (2) a refrigerant-filled heat exchanger, and (3) an inverter-driven compressor
that varies the pressure of the refrigerant to warm or cool the refrigerant vapor.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
A residential heat pump rebate program is established in the
department to provide financial assistance to eligible applicants that purchase and install a
heat pump in the applicant's Minnesota residence.
new text end
new text begin Subd. 3. new text end
new text begin Application. new text end
new text begin
(a) An application for a rebate under this section must be made
to the commissioner on a form developed by the commissioner. The application must be
accompanied by documentation, as required by the commissioner, demonstrating that:
new text end
new text begin
(1) the applicant is an eligible applicant;
new text end
new text begin
(2) the applicant owns the Minnesota residence in which the heat pump is to be installed;
new text end
new text begin
(3) the applicant has had an energy audit conducted of the residence in which the heat
pump is to be installed within the last 18 months by a person with a Building Analyst
Technician certification issued by the Building Performance Institute, Inc., or an equivalent
certification, as determined by the commissioner;
new text end
new text begin
(4) either:
new text end
new text begin
(i) the applicant has installed in the applicant's residence, by a contractor with an Air
Leakage Control Installer certification issued by the Building Performance Institute, Inc.,
or an equivalent certification, as determined by the commissioner, the amount of insulation
and the air sealing measures recommended by the auditor; or
new text end
new text begin
(ii) the auditor has otherwise determined that the amount of insulation and air sealing
measures in the residence are sufficient to enable effective heat pump performance;
new text end
new text begin
(5) the applicant has purchased a heat pump of the capacity recommended by the auditor
or contractor, and has had the heat pump installed by a contractor with sufficient training
and experience in installing heat pumps, as determined by the commissioner; and
new text end
new text begin
(6) the total cost to purchase and install the heat pump in the applicant's residence.
new text end
new text begin
(b) The commissioner must develop administrative procedures governing the application
and rebate award processes.
new text end
new text begin
(c) The commissioner may modify program requirements under this section when
necessary to align with comparable federal programs administered by the department under
the federal Inflation Reduction Act of 2022, Public Law 117-189.
new text end
new text begin Subd. 4. new text end
new text begin Rebate amount. new text end
new text begin
A rebate awarded under this section must not exceed the lesser
of:
new text end
new text begin
(1) $4,000; or
new text end
new text begin
(2) the total cost to purchase and install the heat pump in an eligible applicant's residence
net of the rebate amount received for the heat pump from the federal Department of Energy
under the Inflation Reduction Act of 2022, Public Law 117-189.
new text end
new text begin Subd. 5. new text end
new text begin Assisting applicants. new text end
new text begin
The commissioner may issue a request for proposal
seeking an entity to serve as an energy coordinator to interact directly with applicants and
potential applicants to:
new text end
new text begin
(1) explain the technical aspects of heat pumps, energy audits, and energy conservation
measures, and the energy and financial savings that can result from implementing each;
new text end
new text begin
(2) identify federal, state, and utility programs available to homeowners to reduce the
costs of energy audits, energy conservation, and heat pumps;
new text end
new text begin
(3) explain the requirements and scheduling of the application process;
new text end
new text begin
(4) provide access to certified contractors who can perform energy audits, install
insulation and air sealing measures, and install heat pumps; and
new text end
new text begin
(5) conduct outreach to make potential applicants aware of the program.
new text end
new text begin Subd. 6. new text end
new text begin Contractor training and support. new text end
new text begin
The commissioner may issue a request for
proposals seeking an entity to develop and organize programs to train contractors with
respect to the technical aspects and installation of heat pumps in residences. The training
curriculum must be at a level sufficient to provide contractors who complete training with
the knowledge and skills necessary to install heat pumps to industry best practice standards,
as determined by the commissioner. Training programs must: (1) be accessible in all regions
of the state; and (2) provide mentoring and ongoing support, including continuing education
and financial assistance, to trainees.
new text end
new text begin Subd. 7. new text end
new text begin Account established. new text end
new text begin
(a) The residential heat pump rebate account is established
as a separate account in the special revenue fund in the state treasury. The commissioner
shall credit to the account appropriations and transfers to the account. Earnings, including
interest, dividends, and any other earnings arising from assets of the account, must be
credited to the account. Money remaining in the account at the end of a fiscal year does not
cancel to the general fund, but remains in the account until expended. The commissioner
shall manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the commissioner for the purposes of this
section and to reimburse the reasonable costs of the department to administer this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2022, section 216E.01, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Energy storage system. new text end
new text begin
"Energy storage system" means equipment and
associated facilities designed with a nameplate capacity of 5,000 kilowatts or more that is
capable of storing generated electricity for a period of time and delivering the electricity
for use after storage.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2022, section 216E.01, subdivision 6, is amended to read:
Subd. 6.
Large electric power facilities.
"Large electric power facilities" means high
voltage transmission lines deleted text begin anddeleted text end new text begin ,new text end large electric power generating plantsnew text begin , and energy storage
systemsnew text end .
Sec. 17.
Minnesota Statutes 2022, section 216E.03, subdivision 1, is amended to read:
Subdivision 1.
Site permit.
No person may construct a large electric generating plant
new text begin or an energy storage system new text end without a site permit from the commission. A large electric
generating plantnew text begin or an energy storage systemnew text end may be constructed only on a site approved
by the commission. The commission must incorporate into one proceeding the route selection
for a high-voltage transmission line that is directly associated with and necessary to
interconnect the large electric generating plant to the transmission system and whose need
is certified under section 216B.243.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2022, section 216E.03, subdivision 3, is amended to read:
Subd. 3.
Application.
Any person seeking to construct a large electric power deleted text begin generating
plant or a high-voltage transmission linedeleted text end new text begin facilitynew text end must apply to the commission for a site or
route permitnew text begin , as applicablenew text end . The application shall contain such information as the commission
may require. The applicant shall propose at least two sites for a large electric power
deleted text begin generating plantdeleted text end new text begin facilitynew text end and two routes for a high-voltage transmission line. Neither of the
two proposed routes may be designated as a preferred route and all proposed routes must
be numbered and designated as alternatives. The commission shall determine whether an
application is complete and advise the applicant of any deficiencies within ten days of
receipt. An application is not incomplete if information not in the application can be obtained
from the applicant during the first phase of the process and that information is not essential
for notice and initial public meetings.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Minnesota Statutes 2022, section 216E.03, subdivision 5, as amended by Laws
2023, chapter 7, section 25, is amended to read:
Subd. 5.
Environmental review.
(a) The commissioner of the Department of Commerce
shall prepare for the commission an environmental impact statement on each proposed large
electric power deleted text begin generating plant or high-voltage transmission linedeleted text end new text begin facilitynew text end for which a complete
application has been submitted. The commissioner shall not consider whether or not the
project is needed. No other state environmental review documents shall be required. The
commissioner shall study and evaluate any site or route proposed by an applicant and any
other site or route the commission deems necessary that was proposed in a manner consistent
with rules concerning the form, content, and timeliness of proposals for alternate sites or
routes, excluding any alternate site for a solar energy generating system that was not proposed
by an applicant.
(b) For a cogeneration facility as defined in section 216H.01, subdivision 1a, that is a
large electric power generating plant and is not proposed by a utility, the commissioner
must make a finding in the environmental impact statement whether the project is likely to
result in a net reduction of carbon dioxide emissions, considering both the utility providing
electric service to the proposed cogeneration facility and any reduction in carbon dioxide
emissions as a result of increased efficiency from the production of thermal energy on the
part of the customer operating or owning the proposed cogeneration facility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2022, section 216E.03, subdivision 6, is amended to read:
Subd. 6.
Public hearing.
The commission shall hold a public hearing on an application
for a site new text begin or route new text end permit for a large electric power deleted text begin generating plant or a route permit for a
high-voltage transmission linedeleted text end new text begin facilitynew text end . All hearings held for designating a site or route shall
be conducted by an administrative law judge from the Office of Administrative Hearings
pursuant to the contested case procedures of chapter 14. Notice of the hearing shall be given
by the commission at least ten days in advance but no earlier than 45 days prior to the
commencement of the hearing. Notice shall be by publication in a legal newspaper of general
circulation in the county in which the public hearing is to be held and by certified mail to
chief executives of the regional development commissions, counties, organized towns,
townships, and the incorporated municipalities in which a site or route is proposed. Any
person may appear at the hearings and offer testimony and exhibits without the necessity
of intervening as a formal party to the proceedings. The administrative law judge may allow
any person to ask questions of other witnesses. The administrative law judge shall hold a
portion of the hearing in the area where the power plant or transmission line is proposed to
be located.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2022, section 216E.03, subdivision 7, as amended by Laws
2023, chapter 7, section 26, is amended to read:
Subd. 7.
Considerations in designating sites and routes.
(a) The commission's site
and route permit determinations must be guided by the state's goals to conserve resources,
minimize environmental impacts, minimize human settlement and other land use conflicts,
and ensure the state's electric energy security through efficient, cost-effective power supply
and electric transmission infrastructure.
(b) To facilitate the study, research, evaluation, and designation of sites and routes, the
commission shall be guided by, but not limited to, the following considerations:
(1) evaluation of research and investigations relating to the effects on land, water and
air resources of large electric power deleted text begin generating plants and high-voltage transmission linesdeleted text end new text begin
facilitiesnew text end and the effects of water and air discharges and electric and magnetic fields resulting
from such facilities on public health and welfare, vegetation, animals, materials and aesthetic
values, including baseline studies, predictive modeling, and evaluation of new or improved
methods for minimizing adverse impacts of water and air discharges and other matters
pertaining to the effects of power plants on the water and air environment;
(2) environmental evaluation of sites and routes proposed for future development and
expansion and their relationship to the land, water, air and human resources of the state;
(3) evaluation of the effects of new electric power generation and transmission
technologies and systems related to power plants designed to minimize adverse environmental
effects;
(4) evaluation of the potential for beneficial uses of waste energy from proposed large
electric power generating plants;
(5) analysis of the direct and indirect economic impact of proposed sites and routes
including, but not limited to, productive agricultural land lost or impaired;
(6) evaluation of adverse direct and indirect environmental effects that cannot be avoided
should the proposed site and route be accepted;
(7) evaluation of alternatives to the applicant's proposed site or route proposed pursuant
to subdivisions 1 and 2;
(8) evaluation of potential routes that would use or parallel existing railroad and highway
rights-of-way;
(9) evaluation of governmental survey lines and other natural division lines of agricultural
land so as to minimize interference with agricultural operations;
(10) evaluation of the future needs for additional high-voltage transmission lines in the
same general area as any proposed route, and the advisability of ordering the construction
of structures capable of expansion in transmission capacity through multiple circuiting or
design modifications;
(11) evaluation of irreversible and irretrievable commitments of resources should the
proposed site or route be approved;
(12) when appropriate, consideration of problems raised by other state and federal
agencies and local entities;
(13) evaluation of the benefits of the proposed facility with respect to (i) the protection
and enhancement of environmental quality, and (ii) the reliability of state and regional
energy supplies;
(14) evaluation of the proposed facility's impact on socioeconomic factors; and
(15) evaluation of the proposed facility's employment and economic impacts in the
vicinity of the facility site and throughout Minnesota, including the quantity and quality of
construction and permanent jobs and their compensation levels. The commission must
consider a facility's local employment and economic impacts, and may reject or place
conditions on a site or route permit based on the local employment and economic impacts.
(c) If the commission's rules are substantially similar to existing regulations of a federal
agency to which the utility in the state is subject, the federal regulations must be applied by
the commission.
(d) No site or route shall be designated which violates state agency rules.
(e) The commission must make specific findings that it has considered locating a route
for a high-voltage transmission line on an existing high-voltage transmission route and the
use of parallel existing highway right-of-way and, to the extent those are not used for the
route, the commission must state the reasons.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Minnesota Statutes 2022, section 216E.04, subdivision 2, as amended by Laws
2023, chapter 7, section 29, is amended to read:
Subd. 2.
Applicable projects.
The requirements and procedures in this section apply to
the following projects:
(1) large electric power generating plants with a capacity of less than 80 megawatts;
(2) large electric power generating plants that are fueled by natural gas;
(3) high-voltage transmission lines of between 100 and 200 kilovolts;
(4) high-voltage transmission lines in excess of 200 kilovolts and less than 30 miles in
length in Minnesota;
(5) high-voltage transmission lines in excess of 200 kilovolts if at least 80 percent of
the distance of the line in Minnesota will be located along existing high-voltage transmission
line right-of-way;
(6) a high-voltage transmission line service extension to a single customer between 200
and 300 kilovolts and less than ten miles in length;
(7) a high-voltage transmission line rerouting to serve the demand of a single customer
when the rerouted line will be located at least 80 percent on property owned or controlled
by the customer or the owner of the transmission line; deleted text begin and
deleted text end
(8) large electric power generating plants that are powered by solar energydeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) energy storage systems.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Minnesota Statutes 2022, section 216E.05, subdivision 2, is amended to read:
Subd. 2.
Applicable projects.
Applicants may seek approval from local units of
government to construct the following projects:
(1) large electric power generating plants with a capacity of less than 80 megawatts;
(2) large electric power generating plants of any size that burn natural gas and are intended
to be a peaking plant;
(3) high-voltage transmission lines of between 100 and 200 kilovolts;
(4) substations with a voltage designed for and capable of operation at a nominal voltage
of 100 kilovolts or more;
(5) a high-voltage transmission line service extension to a single customer between 200
and 300 kilovolts and less than ten miles in length; deleted text begin and
deleted text end
(6) a high-voltage transmission line rerouting to serve the demand of a single customer
when the rerouted line will be located at least 80 percent on property owned or controlled
by the customer or the owner of the transmission linenew text begin ; and
new text end
new text begin (7) energy storage systemsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2022, section 216E.06, is amended to read:
216E.06 EMERGENCY PERMIT.
(a) Any utility whose electric power system requires the immediate construction of a
large electric power deleted text begin generating plant or high-voltage transmission linedeleted text end new text begin facilitynew text end due to a major
unforeseen event may apply to the commission for an emergency permit. The application
shall provide notice in writing of the major unforeseen event and the need for immediate
construction. The permit must be issued in a timely manner, no later than 195 days after
the commission's acceptance of the application and upon a finding by the commission that
(1) a demonstrable emergency exists, (2) the emergency requires immediate construction,
and (3) adherence to the procedures and time schedules specified in section 216E.03 would
jeopardize the utility's electric power system or would jeopardize the utility's ability to meet
the electric needs of its customers in an orderly and timely manner.
(b) A public hearing to determine if an emergency exists must be held within 90 days
of the application. The commission, after notice and hearing, shall adopt rules specifying
the criteria for emergency certification.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Minnesota Statutes 2022, section 216E.07, is amended to read:
216E.07 ANNUAL HEARING.
The commission shall hold an annual public hearing at a time and place prescribed by
rule in order to afford interested persons an opportunity to be heard regarding any matters
relating to the siting new text begin and routing new text end of large electric deleted text begin generatingdeleted text end power deleted text begin plants and routing of
high-voltage transmission linesdeleted text end new text begin facilitiesnew text end . At the meeting, the commission shall advise the
public of the permits issued by the commission in the past year. The commission shall
provide at least ten days but no more than 45 days' notice of the annual meeting by mailing
or serving electronically, as provided in section 216.17, a notice to those persons who have
requested notice and by publication in the EQB Monitor and the commission's weekly
calendar.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Minnesota Statutes 2022, section 216E.10, is amended to read:
216E.10 APPLICATION TO LOCAL REGULATION AND OTHER STATE
PERMITS.
Subdivision 1.
Site or route permit prevails over local provisions.
To assure the
paramount and controlling effect of the provisions herein over other state agencies, regional,
county, and local governments, and special purpose government districts, the issuance of a
site permit or route permit and subsequent purchase and use of such site or route locations
for large electric power deleted text begin generating plant and high-voltage transmission linedeleted text end new text begin facilitynew text end purposes
shall be the sole site or route approval required to be obtained by the utility. Such permit
shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances
promulgated by regional, county, local and special purpose government.
Subd. 2.
Other state permits.
Notwithstanding anything herein to the contrary, utilities
shall obtain state permits that may be required to construct and operate large electric power
deleted text begin generating plants and high-voltage transmission linesdeleted text end new text begin facilitiesnew text end . A state agency in processing
a utility's facility permit application shall be bound to the decisions of the commission, with
respect to the site or route designation, and with respect to other matters for which authority
has been granted to the commission by this chapter.
Subd. 3.
State agency participation.
(a) State agencies authorized to issue permits
required for construction or operation of large electric power generating plants or high-voltage
transmission lines shall participate during routing and siting at public hearings and all other
activities of the commission on specific site or route designations and design considerations
of the commission, and shall clearly state whether the site or route being considered for
designation or permit and other design matters under consideration for approval will be in
compliance with state agency standards, rules, or policies.
(b) An applicant for a permit under this section or under chapter 216G shall notify the
commissioner of agriculture if the proposed project will impact cultivated agricultural land,
as that term is defined in section 216G.01, subdivision 4. The commissioner may participate
and advise the commission as to whether to grant a permit for the project and the best options
for mitigating adverse impacts to agricultural lands if the permit is granted. The Department
of Agriculture shall be the lead agency on the development of any agricultural mitigation
plan required for the project.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27.
Minnesota Statutes 2022, section 326B.106, subdivision 1, is amended to read:
Subdivision 1.
Adoption of code.
(a) Subject to paragraphs (c) and (d) and sections
326B.101 to 326B.194, the commissioner shall by rule and in consultation with the
Construction Codes Advisory Council establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of structural materials,
design and construction, fire protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control, illumination, and climate control. The
code must also include duties and responsibilities for code administration, including
procedures for administrative action, penalties, and suspension and revocation of certification.
The code must conform insofar as practicable to model building codes generally accepted
and in use throughout the United States, including a code for building conservation. In the
preparation of the code, consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be based on the application
of scientific principles, approved tests, and professional judgment. To the extent possible,
the code must be adopted in terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of specifications of particular methods
or materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall
administer and enforce the provisions of those sections.
(b) The commissioner shall develop rules addressing the plan review fee assessed to
similar buildings without significant modifications including provisions for use of building
systems as specified in the industrial/modular program specified in section 326B.194.
Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.
(c) Beginning with the 2018 edition of the model building codes and every six years
thereafter, the commissioner shall review the new model building codes and adopt the model
codes as amended for use in Minnesota, within two years of the published edition date. The
commissioner may adopt amendments to the building codes prior to the adoption of the
new building codes to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or the use of a building.
(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833. new text begin The
commissioner shall consider amendments to the model energy codes that mitigate the impact
of climate change and reduce greenhouse gas emissions by increasing and optimizing energy
efficiency and improving resiliency of new buildings and existing buildings undergoing
additions, alterations, and changes of use.new text end The commissioner may adopt amendments prior
to adoption of the new energy codes, as amended for use in Minnesota, to advance
construction methods, technology, or materials, or, where necessary to protect the health,
safety, and welfare of the public, or to improve the efficiency or use of a building.
new text begin
(e) Beginning in 2024, the commissioner shall act on the new model commercial energy
code by adopting each new published edition of ASHRAE 90.1 or a more efficient standard.
The commercial energy code in effect in 2036 and thereafter must achieve an 80 percent
reduction in annual net energy consumption or greater, using the ASHRAE 90.1-2004 as a
baseline. The commissioner shall adopt commercial energy codes from 2024 to 2036 that
incrementally move toward achieving the 80 percent reduction in annual net energy
consumption. By January 15 of the year following each new code adoption, the commissioner
shall report on the progress made under this section to the legislative committees with
jurisdiction over the energy code.
new text end
new text begin
(f) Nothing in this section limits the ability of a public utility to offer code support
programs, or to claim energy savings resulting from code support programs, through the
public utility's energy conservation and optimization plans approved by the commissioner
of commerce under section 216B.241.
new text end
Sec. 28. new text begin RULEMAKING AUTHORIZED.
new text end
new text begin
(a) The commission is authorized to develop and adopt rules for siting energy storage
systems and to reflect the provisions of this act.
new text end
new text begin
(b) Until the commission adopts rules under this section, the commission shall utilize
applicable provisions of Minnesota Rules, chapter 7850, to site energy storage systems,
except that Minnesota Rules, part 7850.4400, subpart 4, does not apply to energy storage
systems.
new text end
new text begin
(c) For the purposes of this section, "energy storage system" has the meaning given in
Minnesota Statutes, section 216E.01, subdivision 3a.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 29. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall make any necessary changes in Minnesota Rules resulting
from the changes made to Minnesota Statutes, chapter 216E, in this act.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 13
PUBLIC UTILITIES COMMISSION PROCEDURES
Section 1.
Minnesota Statutes 2022, section 216B.17, subdivision 1, is amended to read:
Subdivision 1.
Investigation.
On deleted text begin itsdeleted text end new text begin the commission'snew text end own motion or upon a complaint
made against any public utilitydeleted text begin ,deleted text end by the governing body of any political subdivision, by
another public utility, by the department, deleted text begin ordeleted text end by any 50 consumers of deleted text begin thedeleted text end new text begin anew text end particular utilitynew text begin ,
or by a complainant under section 216B.172new text end that any of the rates, tolls, tariffs, charges, or
schedules or any joint rate or any regulation, measurement, practice, act, or omission affecting
or relating to the production, transmission, delivery, or furnishing of natural gas or electricity
or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly
discriminatory, or that any service is inadequate or cannot be obtained, the commission
shall proceed, with notice, to make such investigation as it may deem necessary. The
commission may dismiss any complaint without a hearing if in its opinion a hearing is not
in the public interest.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any complaint filed with the commission on or after that date.
new text end
Sec. 2.
new text begin
[216B.172] CONSUMER DISPUTES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Appeal" means a request a complainant files with the commission to review and
make a final decision regarding the resolution of the complainant's complaint by the consumer
affairs office.
new text end
new text begin
(c) "Complainant" means an individual residential customer who files with the consumer
affairs office a complaint against a public utility.
new text end
new text begin
(d) "Complaint" means an allegation submitted to the consumer affairs office by a
complainant that a public utility's action or practice regarding billing or terms and conditions
of service:
new text end
new text begin
(1) violates a statute, rule, tariff, service contract, or other provision of law;
new text end
new text begin
(2) is unreasonable; or
new text end
new text begin
(3) has harmed or, if not addressed, harms a complainant.
new text end
new text begin
Complaint does not include an objection to or a request to modify any natural gas or
electricity rate contained in a tariff that has been approved by the commission. A complaint
under this section is an informal complaint under Minnesota Rules, chapter 7829.
new text end
new text begin
(e) "Consumer affairs office" means the staff unit of the commission that is organized
to receive and respond to complaints.
new text end
new text begin
(f) "Informal proceeding" has the meaning given in Minnesota Rules, part 7829.0100,
subpart 8.
new text end
new text begin
(g) "Public assistance" has the meaning given in section 550.37, subdivision 14.
new text end
new text begin
(h) "Public utility" has the meaning given in section 216B.02, subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Complaint resolution procedure. new text end
new text begin
A complainant must first attempt to resolve
a dispute with a public utility by filing a complaint with the consumer affairs office. The
consumer affairs office must: (1) notify the complainant of the resolution of the complaint;
and (2) provide written notice of (i) the complainant's right to appeal the resolution to the
commission, and (ii) the steps the complainant may take to appeal the resolution. Upon
request, the consumer affairs office must provide to the complainant a written notice
containing the substance of and basis for the resolution. Nothing in this section affects any
other rights existing under this chapter or other law.
new text end
new text begin Subd. 3. new text end
new text begin Appeal; final commission decision. new text end
new text begin
(a) If a complainant is not satisfied with
the resolution of a complaint by the consumer affairs office, the complainant may file an
appeal with the commission requesting that the commission make a final decision on the
complaint. The commission's response to an appeal filed under this subdivision must comply
with the notice requirements under section 216B.17, subdivisions 2 to 5.
new text end
new text begin
(b) Upon the commission's receipt of an appeal filed under paragraph (a), the chair of
the commission or a subcommittee delegated under section 216A.03, subdivision 8, to
review the resolution of the complaint must decide whether the complaint be:
new text end
new text begin
(1) dismissed because there is no reasonable basis on which to proceed;
new text end
new text begin
(2) resolved through an informal commission proceeding; or
new text end
new text begin
(3) referred to the Office of Administrative Hearings for a contested case proceeding
under chapter 14.
new text end
new text begin
A decision made under this paragraph must be provided in writing to the complainant and
the public utility.
new text end
new text begin
(c) If the commission decides that the complaint be resolved through an informal
proceeding before the commission or referred to the Office of Administrative Hearings for
a contested case proceeding, the executive secretary must issue any procedural schedules,
notices, or orders required to initiate an informal proceeding or a contested case.
new text end
new text begin
(d) The commission's dismissal of an appeal request or a decision rendered after
conducting an informal proceeding is a final decision constituting an order or determination
of the commission.
new text end
new text begin Subd. 4. new text end
new text begin Judicial review. new text end
new text begin
Notwithstanding section 216B.27, a complainant may seek
judicial review in district court of an adverse final decision under subdivision 3, paragraph
(b), clause (1) or (2). Judicial review of the commission's decision in a contested case referred
under subdivision 3, paragraph (b), clause (3), is governed by chapter 14.
new text end
new text begin Subd. 5. new text end
new text begin Right to service during pendency of dispute. new text end
new text begin
A public utility must continue
or promptly restore service to a complainant during the pendency of an administrative or
judicial procedure pursued by a complainant under this section, provided that the
complainant:
new text end
new text begin
(1) agrees to enter into a payment agreement under section 216B.098, subdivision 3;
new text end
new text begin
(2) posts the full disputed payment in escrow;
new text end
new text begin
(3) demonstrates receipt of public assistance or eligibility for legal aid services; or
new text end
new text begin
(4) demonstrates the complainant's household income is at or below 50 percent of the
median income in Minnesota.
new text end
new text begin Subd. 6. new text end
new text begin Rulemaking authority. new text end
new text begin
The commission may adopt rules to carry out the
purposes of this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any complaint filed with the commission on or after that date.
new text end
Sec. 3.
new text begin
[216B.631] COMPENSATION FOR PARTICIPANTS IN PROCEEDINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Participant" means a person who files comments or appears in a commission
proceeding concerning one or more public utilities, excluding public hearings held in
contested cases and commission proceedings conducted to receive general public comments.
new text end
new text begin
(c) "Party" means a person by or against whom a proceeding before the commission is
commenced or a person permitted to intervene in a proceeding, other than public hearings,
concerning one or more public utilities.
new text end
new text begin
(d) "Proceeding" means a process or procedural means the commission engages in under
this chapter to attempt to resolve an issue affecting one or more public utilities and that
results in a commission order.
new text end
new text begin
(e) "Public utility" has the meaning given in section 216B.02, subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Participants; eligibility. new text end
new text begin
Any of the following participants is eligible to receive
compensation under this section:
new text end
new text begin
(1) a nonprofit organization that:
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(i) is exempt from taxation under section 501(c)(3) of the Internal Revenue Code;
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(ii) is incorporated or organized in Minnesota;
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(iii) is governed under chapter 317A or section 322C.1101; and
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(iv) the commission determines under subdivision 3, paragraph (c), would suffer financial
hardship if not compensated for the nonprofit organization's participation in the applicable
proceeding;
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new text begin
(2) a Tribal government of a federally recognized Indian Tribe that is located in
Minnesota; or
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new text begin
(3) a Minnesota resident, except that an individual who owns a for-profit business that
has earned revenue from a Minnesota utility in the past two years is not eligible for
compensation.
new text end
new text begin Subd. 3. new text end
new text begin Compensation; conditions. new text end
new text begin
(a) The commission may order a public utility to
compensate all or part of a participant's reasonable costs incurred to participate in a
proceeding before the commission if the participant is eligible under subdivision 2 and the
commission finds:
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new text begin
(1) that the participant has materially assisted the commission's deliberation; and
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(2) if the participant is a nonprofit organization, that the participant would suffer financial
hardship if the nonprofit organization's participation in the proceeding was not compensated.
new text end
new text begin
(b) In determining whether a participant has materially assisted the commission's
deliberation, the commission must find that:
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(1) the participant made a unique contribution to the record and represented an interest
that would not otherwise have been adequately represented;
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(2) the evidence or arguments presented or the positions taken by the participant were
an important factor in producing a fair decision;
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(3) the participant's position promoted a public purpose or policy;
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(4) the evidence presented, arguments made, issues raised, or positions taken by the
participant would not otherwise have been part of the record;
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(5) the participant was active in any stakeholder process included in the proceeding; and
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(6) the proceeding resulted in a commission order that adopted, in whole or in part, a
position advocated by the participant.
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new text begin
(c) In determining whether a nonprofit participant has demonstrated that a lack of
compensation would present financial hardship, the commission must find that the nonprofit
participant:
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new text begin
(1) incorporated or organized within three years of the beginning of the applicable
proceeding;
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(2) has payroll expenses less than $750,000; or
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new text begin
(3) has secured less than $100,000 in current year funding dedicated to participation in
commission proceedings, not including any participant compensation awarded under this
section.
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new text begin
(d) In reviewing a compensation request, the commission must consider whether the
costs presented in the participant's claim are reasonable. If the commission determines that
an eligible participant materially assisted the commission's deliberation, the commission
shall award all or part of the requested compensation, up to the maximum amounts provided
under subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Compensation; amount. new text end
new text begin
(a) Compensation must not exceed $50,000 for a
single participant in any proceeding, except that:
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new text begin
(1) if a proceeding extends longer than 12 months, a participant may request and be
awarded compensation of up to $50,000 for costs incurred in each calendar year; and
new text end
new text begin
(2) in an integrated resource plan proceeding under section 216B.2422 or a proceeding
that has been referred to the Office of Administrative Hearings for a contested case
proceeding, a participant may request and be awarded up to $75,000.
new text end
new text begin
(b) No single participant may be awarded more than $200,000 under this section in a
single calendar year.
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new text begin
(c) Compensation requests from joint participants must be presented as a single request.
new text end
new text begin
(d) Notwithstanding paragraphs (a) and (b), the commission must not, in any calendar
year, require a single public utility to pay aggregate compensation under this section that
exceeds the following amounts:
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new text begin
(1) $100,000, for a public utility with up to $300,000,000 annual gross operating revenue
in Minnesota;
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new text begin
(2) $275,000, for a public utility with at least $300,000,000 but less than $900,000,000
annual gross operating revenue in Minnesota;
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new text begin
(3) $375,000, for a public utility with at least $900,000,000 but less than $2,000,000,000
annual gross operating revenue in Minnesota; and
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new text begin
(4) $1,250,000, for a public utility with $2,000,000,000 or more annual gross operating
revenue in Minnesota.
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new text begin
(e) When requests for compensation from any public utility approach the limits established
in paragraph (d), the commission may give priority to requests from participants that received
less than $150,000 in total compensation during the previous two years and from participants
who represent residential ratepayers, particularly those residential ratepayers who the
participant can demonstrate have been underrepresented in past commission proceedings.
new text end
new text begin Subd. 5. new text end
new text begin Compensation; process. new text end
new text begin
(a) A participant seeking compensation must file a
request and an affidavit of service with the commission, and serve a copy of the request on
each party to the proceeding. The request must be filed no more than 30 days after the later
of:
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new text begin
(1) the expiration of the period within which a petition for rehearing, amendment,
vacation, reconsideration, or reargument must be filed; or
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new text begin
(2) the date the commission issues an order following rehearing, amendment, vacation,
reconsideration, or reargument.
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new text begin
(b) A compensation request must include:
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(1) the name and address of the participant or nonprofit organization the participant is
representing;
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(2) evidence of the organization's nonprofit, tax-exempt status, if applicable;
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(3) the name and docket number of the proceeding for which compensation is requested;
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(4) for a nonprofit participant, evidence supporting the nonprofit organization's eligibility
for compensation under the financial hardship test under subdivision 3, paragraph (c);
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(5) amounts of compensation awarded to the participant under this section during the
current year and any pending requests for compensation, itemized by docket;
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(6) an itemization of the participant's costs, not including overhead costs;
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(7) participant revenues dedicated for the proceeding;
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(8) the total compensation request; and
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(9) a narrative describing the unique contribution made to the proceeding by the
participant.
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(c) A participant must comply with reasonable requests for information by the commission
and other parties or participants. A participant must reply to information requests within
ten calendar days of the date the request is received, unless doing so would place an extreme
hardship upon the replying participant. The replying participant must provide a copy of the
information to any other participant or interested person upon request. Disputes regarding
information requests may be resolved by the commission.
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new text begin
(d) A party or participant objecting to a request for compensation must, within 30 days
after service of the request for compensation, file a response and an affidavit of service with
the commission. A copy of the response must be served on the requesting participant and
all other parties to the proceeding.
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new text begin
(e) The requesting participant may file a reply with the commission within 15 days after
a response is filed under paragraph (d). A copy of the reply and an affidavit of service must
be served on all other parties to the proceeding.
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new text begin
(f) If additional costs are incurred by a participant as a result of additional proceedings
following the commission's initial order, the participant may file an amended request within
30 days after the commission issues an amended order. Paragraphs (b) to (e) apply to an
amended request.
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new text begin
(g) The commission must issue a decision on participant compensation within 120 days
of the date a request for compensation is filed by a participant.
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new text begin
(h) The commission may extend the deadlines in paragraphs (d), (e), and (g) for up to
30 days upon the request of a participant or on the commission's own initiative.
new text end
new text begin
(i) A participant may request reconsideration of the commission's compensation decision
within 30 days of the decision date.
new text end
new text begin Subd. 6. new text end
new text begin Compensation; orders. new text end
new text begin
(a) If the commission issues an order requiring payment
of participant compensation, the public utility that was the subject of the proceeding must
pay the full compensation to the participant and file proof of payment with the commission
within 30 days after the later of:
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new text begin
(1) the expiration of the period within which a petition for reconsideration of the
commission's compensation decision must be filed; or
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new text begin
(2) the date the commission issues an order following reconsideration of the commission's
order on participant compensation.
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new text begin
(b) If the commission issues an order requiring payment of participant compensation in
a proceeding involving multiple public utilities, the commission must apportion costs among
the public utilities in proportion to each public utility's annual revenue.
new text end
new text begin
(c) The commission may issue orders necessary to allow a public utility to recover the
costs of participant compensation on a timely basis.
new text end
new text begin Subd. 7. new text end
new text begin Report. new text end
new text begin
By July 1, 2026, the commission must report to the chairs and ranking
minority members of the senate and house of representatives committees with primary
jurisdiction over energy policy on the operation of this section. The report must include but
is not limited to:
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new text begin
(1) the amount of compensation paid each year by each utility;
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new text begin
(2) each recipient of compensation, the commission dockets in which compensation was
awarded, and the compensation amounts; and
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new text begin
(3) the impact of the participation of compensated participants.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any proceeding in which the commission has not issued a final order as of that
date.
new text end
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 216B.16, subdivision 10,
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new text begin
is repealed.
new text end
ARTICLE 14
CLIMATE
Section 1.
new text begin
[16B.312] CONSTRUCTION MATERIALS; ENVIRONMENTAL
ANALYSIS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
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new text begin
(b) "Carbon steel" means steel in which the main alloying element is carbon and whose
properties are chiefly dependent on the percentage of carbon present.
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new text begin
(c) "Commissioner" means the commissioner of administration.
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new text begin
(d) "Electric arc furnace" means a furnace that produces molten alloy metal and heats
the charge materials with electric arcs from carbon electrodes.
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new text begin
(e) "Eligible material" means:
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new text begin
(1) carbon steel rebar;
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new text begin
(2) structural steel;
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new text begin
(3) concrete; or
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new text begin
(4) asphalt paving mixtures.
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new text begin
(f) "Eligible project" means:
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new text begin
(1) new construction of a state building larger than 50,000 gross square feet of occupied
or conditioned space;
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new text begin
(2) renovation of more than 50,000 gross square feet of occupied or conditioned space
in a state building whose renovation cost exceeds 50 percent of the building's assessed value;
or
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new text begin
(3) new construction or reconstruction of two or more lane-miles of a trunk highway.
new text end
new text begin
(g) "Environmental product declaration" means a supply chain specific type III
environmental product declaration that:
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new text begin
(1) contains a material production life cycle assessment of the environmental impacts
of manufacturing a specific product by a specific firm, including the impacts of extracting
and producing the raw materials and components that compose the product;
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new text begin
(2) is verified by a third party; and
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new text begin
(3) meets the ISO 14025 standard developed and maintained by the International
Organization for Standardization (ISO).
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new text begin
(h) "Global warming potential" has the meaning given in section 216H.10, subdivision
6.
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new text begin
(i) "Greenhouse gas" has the meaning given to "statewide greenhouse gas emissions"
in section 216H.01, subdivision 2.
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new text begin
(j) "Integrated steel production" means the production of iron and subsequently steel
primarily from iron ore or iron ore pellets.
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new text begin
(k) "Material production life cycle" means an analysis that includes the environmental
impacts of all stages of a specific product's production, from mining and processing the
product's raw materials to the process of manufacturing the product.
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new text begin
(l) "Rebar" means a steel reinforcing bar or rod encased in concrete.
new text end
new text begin
(m) "Secondary steel production" means the production of steel from primarily ferrous
scrap and other metallic inputs that are melted and refined in an electric arc furnace.
new text end
new text begin
(n) "State building" means a building owned by the state of Minnesota or a Minnesota
state agency.
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new text begin
(o) "Structural steel" means steel that is used in structural applications in accordance
with industry standard definitions.
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new text begin
(p) "Supply chain specific" means an environmental product declaration that includes
specific data for the production processes of the materials and components composing a
product that contribute at least 80 percent of the product's material production life cycle
global warming potential, as defined in ISO standard 21930.
new text end
new text begin Subd. 2. new text end
new text begin Standard; maximum global warming potential. new text end
new text begin
(a) The commissioner shall,
after reviewing the recommendations from the Environmental Standards Procurement Task
Force made under subdivision 5, paragraph (c), establish and publish a maximum acceptable
global warming potential for each eligible material used in an eligible project, in accordance
with the following schedule:
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new text begin
(1) for concrete used in buildings, no later than January 15, 2026; and
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new text begin
(2) for carbon steel rebar and structural steel and, after conferring with the commissioner
of transportation, for asphalt paving mixtures and concrete pavement, no later than January
15, 2028.
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new text begin
(b) The commissioner shall, after considering nationally or internationally recognized
databases of environmental product declarations for an eligible material, establish the
maximum acceptable global warming potential for the eligible material.
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new text begin
(c) The commissioner may set different maximum global warming potentials for different
specific products and subproduct categories that are examples of the same eligible material
based on distinctions between eligible material production and manufacturing processes,
such as integrated versus secondary steel production.
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new text begin
(d) The commissioner must establish maximum global warming potentials that are
consistent with criteria in an environmental product declaration.
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new text begin
(e) Not later than three years after establishing the maximum global warming potential
for an eligible material under paragraph (a) and not longer than every three years thereafter
the commissioner, after conferring with the commissioner of transportation with respect to
asphalt paving mixtures and concrete pavement, shall review the maximum acceptable
global warming potential for each eligible material and for specific eligible material products.
The commissioner may adjust any of the values downward to reflect industry improvements
if, based on the process described in paragraph (b), the commissioner determines the industry
average has declined.
new text end
new text begin Subd. 3. new text end
new text begin Procurement process. new text end
new text begin
The Department of Administration and the Department
of Transportation shall, after reviewing the recommendations of the Environmental Standards
Procurement Task Force made under subdivision 5, paragraph (c), establish processes for
incorporating the maximum allowable global warming potential of eligible materials into
bidding processes by the effective dates listed in subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Pilot program. new text end
new text begin
(a) No later than July 1, 2024, the Department of Administration
must establish a pilot program that seeks to obtain from vendors an estimate of the material
production life cycle greenhouse gas emissions of products selected by the departments
from among those procured. The pilot program must encourage, but may not require, a
vendor to submit the following data for each selected product that represents at least 90
percent of the total cost of the materials or components composing the selected product:
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new text begin
(1) the quantity of the product purchased by the department;
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new text begin
(2) a current environmental product declaration for the product;
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new text begin
(3) the name and location of the product's manufacturer;
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new text begin
(4) a copy of the vendor's Supplier Code of Conduct, if any;
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new text begin
(5) the names and locations of the product's actual production facilities; and
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new text begin
(6) an assessment of employee working conditions at the product's production facilities.
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new text begin
(b) The Department of Administration must construct or provide access to a publicly
accessible database, which shall be posted on the department's website and contain the data
reported to the department under this subdivision.
new text end
new text begin Subd. 5. new text end
new text begin Environmental Standards Procurement Task Force. new text end
new text begin
(a) No later than October
1, 2023, the commissioners of administration and transportation must establish an
Environmental Standards Procurement Task Force to examine issues surrounding the
implementation of a program requiring vendors of certain construction materials purchased
by the state to:
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new text begin
(1) submit environmental product declarations that assess the material production life
cycle environmental impacts of the materials to state officials as part of the procurement
process; and
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new text begin
(2) meet standards established by the commissioner of administration that limit
greenhouse gas emissions impacts of the materials.
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new text begin
(b) The task force must examine, at a minimum, the following:
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new text begin
(1) which construction materials should be subject to the program requirements and
which construction materials should be considered to be added, including lumber, mass
timber, aluminum, glass, and insulation;
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new text begin
(2) what factors should be considered in establishing greenhouse gas emissions standards,
including distinctions between eligible material production and manufacturing processes,
such as integrated versus secondary steel production;
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new text begin
(3) a schedule for the development of standards for specific materials and for
incorporating the standards into the purchasing process, including distinctions between
eligible material production and manufacturing processes;
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new text begin
(4) the development and use of financial incentives to reward vendors for developing
products whose greenhouse gas emissions are below the standards;
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new text begin
(5) the provision of grants to defer a vendor's cost to obtain environmental product
declarations;
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new text begin
(6) how to ensure that lowering environmental product declaration values does not
negatively impact the durability or longevity of construction materials or built structures;
new text end
new text begin
(7) how to create and manage a database for environmental product declaration data that
is consistent with data governance procedures of the state and is compatible for data sharing
with other states and federal agencies;
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new text begin
(8) how to account for differences among geographical regions with respect to the
availability of covered materials, fuel, and other necessary resources, and the quantity of
covered materials that the department uses or plans to use;
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new text begin
(9) coordinating with the federal Buy Clean Task Force established under Executive
Order 14057 and representatives of the United States Departments of Commerce, Energy,
Housing and Urban Development, and Transportation; Environmental Protection Agency;
General Services Administration; White House Office of Management and Budget; and the
White House Domestic Climate Policy Council;
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new text begin
(10) how the issues in clauses (1) to (9) are addressed by existing programs in other
states and countries; and
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new text begin
(11) any other issues the task force deems relevant.
new text end
new text begin
(c) The task force shall make recommendations to the commissioners of administration
and transportation regarding:
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new text begin
(1) how to implement requirements that maximum global warming impacts for eligible
materials be integrated into the bidding process for eligible projects;
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new text begin
(2) incentive structures that can be included in bidding processes to encourage the use
of materials whose global warming potential is below the maximum established under
subdivision 2;
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new text begin
(3) how a successful bidder for a contract notifies the commissioner of the specific
environmental product declaration for a material used on a project;
new text end
new text begin
(4) a process for waiving the requirements to procure materials below the maximum
global warming potential resulting from product supply problems, geographic
impracticability, or financial hardship;
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new text begin
(5) a system for awarding grants to manufacturers of eligible materials located in
Minnesota to offset the cost of obtaining environmental product declarations or otherwise
collect environmental product declaration data from manufacturers based in Minnesota;
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new text begin
(6) whether to use an industry average or a different method to set the maximum allowable
global warming potential, or whether that average could be used for some materials but not
others; and
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new text begin
(7) any other items the task force deems necessary in order to implement this section.
new text end
new text begin
(d) Members of the task force must include but are not limited to representatives of:
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new text begin
(1) the Departments of Administration and Transportation;
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new text begin
(2) the Center for Sustainable Building Research at the University of Minnesota;
new text end
new text begin
(3) the Aggregate and Ready Mix Association of Minnesota;
new text end
new text begin
(4) the Concrete Paving Association of Minnesota;
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new text begin
(5) the Minnesota Asphalt Pavement Association;
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new text begin
(6) the Minnesota Board of Engineering;
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new text begin
(7) the Minnesota iron mining industry;
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new text begin
(8) building and transportation construction firms;
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new text begin
(9) the American Institute of Steel Construction;
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new text begin
(10) suppliers of eligible materials;
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new text begin
(11) organized labor in the construction trades;
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new text begin
(12) organized labor in the manufacturing or industrial sectors;
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new text begin
(13) environmental advocacy organizations; and
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new text begin
(14) environmental justice organizations.
new text end
new text begin
(e) The Department of Administration must provide meeting space and serve as staff to
the task force.
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new text begin
(f) The commissioner of administration or the commissioner's designee shall serve as
chair of the task force. The task force must meet at least four times annually and may convene
additional meetings at the call of the chair.
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new text begin
(g) The commissioner of administration shall summarize the findings and
recommendations of the task force in a report submitted to the chairs and ranking minority
members of the senate and house of representatives committees with primary jurisdiction
over state government, transportation, and energy no later than December 1, 2025, and
annually thereafter for as long as the task force continues its operations.
new text end
new text begin
(h) The task force is subject to section 15.059, subdivision 6.
new text end
new text begin
(i) Meetings of the task force are subject to chapter 13D.
new text end
new text begin
(j) The task force expires on January 1, 2029.
new text end
new text begin Subd. 6. new text end
new text begin Environmental product declarations; grant program. new text end
new text begin
A grant program is
established in the Department of Administration to award grants to assist manufacturers to
obtain environmental product declarations. The commissioner of administration shall develop
procedures for processing grant applications and making grant awards. Grant applicants
must submit an application to the commissioner on a form prescribed by the commissioner.
The commissioner shall act as fiscal agent for the grant program and is responsible for
receiving and reviewing grant applications and awarding grants under this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
new text begin
[216C.441] MINNESOTA CLIMATE INNOVATION FINANCE
AUTHORITY.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; purpose. new text end
new text begin
(a) There is created a public body corporate
and politic to be known as the "Minnesota Climate Innovation Finance Authority," whose
purpose is to accelerate the deployment of clean energy projects, greenhouse gas emissions
reduction projects, and other qualified projects through the strategic deployment of public
funds in the form of grants, loans, credit enhancements, and other financing mechanisms
in order to leverage existing public and private sources of capital to reduce the upfront and
total cost of qualified projects and to overcome financial barriers to project adoption,
especially in low-income communities.
new text end
new text begin
(b) The goals of the authority include but are not limited to:
new text end
new text begin
(1) reducing Minnesota's contributions to climate change by accelerating the deployment
of clean energy projects;
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new text begin
(2) ensuring that all Minnesotans share the benefits of clean and renewable energy and
the opportunity to fully participate in the clean energy economy by promoting:
new text end
new text begin
(i) the creation of clean energy jobs for Minnesota workers, particularly in environmental
justice communities and communities in which fossil fuel electric generating plants are
retiring; and
new text end
new text begin
(ii) the principles of environmental justice in the authority's operations and funding
decisions; and
new text end
new text begin
(3) maintaining energy reliability while reducing the economic burden of energy costs,
especially on low-income households.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Authority" means the Minnesota Climate Innovation Finance Authority.
new text end
new text begin
(c) "Board" means the Minnesota Climate Innovation Finance Authority's board of
directors established in subdivision 10.
new text end
new text begin
(d) "Clean energy project" has the meaning given to "qualified project" in paragraph
(n), clauses (1) to (7).
new text end
new text begin
(e) "Community navigator" means an organization that works to facilitate access to clean
energy project financing by community groups.
new text end
new text begin
(f) "Credit enhancement" means a pool of capital set aside to cover potential losses on
loans and other investments made by financing entities. Credit enhancement includes but
is not limited to loan loss reserves and loan guarantees.
new text end
new text begin
(g) "Energy storage system" has the meaning given in section 216B.2422, subdivision
1, paragraph (f).
new text end
new text begin
(h) "Environmental justice" means that:
new text end
new text begin
(1) communities of color, Indigenous communities, and low-income communities have
a healthy environment and are treated fairly when environmental statutes, rules, and policies
are developed, adopted, implemented, and enforced; and
new text end
new text begin
(2) in all decisions that have the potential to affect the environment of an environmental
justice community or the public health of an environmental justice community's residents,
due consideration is given to the history of the area's and the area's residents' cumulative
exposure to pollutants and to any current socioeconomic conditions that increase the physical
sensitivity of the area's residents to additional exposure to pollutants.
new text end
new text begin
(i) "Environmental justice community" means a community in Minnesota that, based
on the most recent data published by the United States Census Bureau, meets one or more
of the following criteria:
new text end
new text begin
(1) 40 percent or more of the community's total population is nonwhite;
new text end
new text begin
(2) 35 percent or more of households in the community have an income that is at or
below 200 percent of the federal poverty level;
new text end
new text begin
(3) 40 percent or more of the community's residents over the age of five have limited
English proficiency; or
new text end
new text begin
(4) the community is located within Indian country, as defined in United States Code,
title 18, section 1151.
new text end
new text begin
(j) "Greenhouse gas emissions" means emissions of carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride emitted by
anthropogenic sources.
new text end
new text begin
(k) "Loan loss reserve" means a pool of capital set aside to reimburse a private lender
if a customer defaults on a loan, up to an agreed-upon percentage of loans originated by the
private lender.
new text end
new text begin
(l) "Microgrid system" means an electrical grid that:
new text end
new text begin
(1) serves a discrete geographical area from distributed energy resources; and
new text end
new text begin
(2) can operate independently from the central electric grid on a temporary basis.
new text end
new text begin
(m) "Project labor agreement" means a prehire collective bargaining agreement with a
council of building and construction trades labor organizations (1) prohibiting strikes,
lockouts, and similar disruptions, and (2) providing for a binding procedure to resolve labor
disputes on the project.
new text end
new text begin
(n) "Qualified project" means a project, technology, product, service, or measure
promoting energy efficiency, clean energy, electrification, or water conservation and quality
that:
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(1) substantially reduces greenhouse gas emissions;
new text end
new text begin
(2) reduces energy use without diminishing the level of service;
new text end
new text begin
(3) increases the deployment of renewable energy projects, energy storage systems,
district heating, smart grid technologies, or microgrid systems;
new text end
new text begin
(4) replaces existing fossil-fuel-based technology with an end-use electric technology;
new text end
new text begin
(5) supports the development and deployment of electric vehicle charging stations and
associated infrastructure, electric buses, and electric fleet vehicles;
new text end
new text begin
(6) reduces water use or protects, restores, or preserves the quality of surface waters; or
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new text begin
(7) incentivizes customers to shift demand in response to changes in the price of electricity
or when system reliability is not jeopardized.
new text end
new text begin
(o) "Renewable energy" has the meaning given in section 216B.1691, subdivision 1,
paragraph (c), clauses (1), (2), and (4), and includes fuel cells generated from renewable
energy.
new text end
new text begin
(p) "Securitization" means the conversion of an asset composed of individual loans into
marketable securities.
new text end
new text begin
(q) "Smart grid" means a digital technology that:
new text end
new text begin
(1) allows for two-way communication between a utility and the utility's customers; and
new text end
new text begin
(2) enables the utility to control power flow and load in real time.
new text end
new text begin Subd. 3. new text end
new text begin General powers. new text end
new text begin
(a) For the purpose of exercising the specific powers granted
in this section, the authority has the general powers granted in this subdivision.
new text end
new text begin
(b) The authority may:
new text end
new text begin
(1) hire an executive director and staff to conduct the authority's operations;
new text end
new text begin
(2) sue and be sued;
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(3) have a seal and alter the seal;
new text end
new text begin
(4) acquire, hold, lease, manage, and dispose of real or personal property for the
authority's corporate purposes;
new text end
new text begin
(5) enter into agreements, including cooperative financing agreements, contracts, or
other transactions, with any federal or state agency, county, local unit of government,
regional development commission, person, domestic or foreign partnership, corporation,
association, or organization;
new text end
new text begin
(6) acquire by purchase real property, or an interest therein, in the authority's own name
where acquisition is necessary or appropriate;
new text end
new text begin
(7) provide general technical and consultative services related to the authority's purpose;
new text end
new text begin
(8) promote research and development in matters related to the authority's purpose;
new text end
new text begin
(9) analyze greenhouse gas emissions reduction project financing needs in the state and
recommend measures to alleviate any shortage of financing capacity;
new text end
new text begin
(10) contract with any governmental or private agency or organization, legal counsel,
financial advisor, investment banker, or others to assist in the exercise of the authority's
powers;
new text end
new text begin
(11) enter into agreements with qualified lenders or others insuring or guaranteeing to
the state the payment of qualified loans or other financing instruments; and
new text end
new text begin
(12) accept on behalf of the state any gift, grant, or interest in money or personal property
tendered to the state for any purpose pertaining to the authority's activities.
new text end
new text begin Subd. 4. new text end
new text begin Authority duties. new text end
new text begin
(a) The authority must:
new text end
new text begin
(1) serve as a financial resource to reduce the upfront and total costs of implementing
qualified projects;
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new text begin
(2) ensure that all financed projects reduce greenhouse gas emissions;
new text end
new text begin
(3) ensure that financing terms and conditions offered are well-suited to qualified projects;
new text end
new text begin
(4) strategically prioritize the use of the authority's funds to leverage private investment
in qualified projects, with the aim of achieving a high ratio of private to public money
invested through funding mechanisms that support, enhance, and complement private lending
and investment;
new text end
new text begin
(5) coordinate with existing federal, state, local, utility, and other programs to ensure
that the authority's resources are being used most effectively to add to and complement
those programs;
new text end
new text begin
(6) stimulate demand for qualified projects by:
new text end
new text begin
(i) contracting with the department's Energy Information Center and community
navigators to provide information to project participants about federal, state, local, utility,
and other authority financial assistance for qualifying projects, and technical information
on energy conservation and renewable energy measures;
new text end
new text begin
(ii) forming partnerships with contractors and informing contractors about the authority's
financing programs;
new text end
new text begin
(iii) developing innovative marketing strategies to stimulate project owner interest,
especially in underserved communities; and
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new text begin
(iv) incentivizing financing entities to increase activity in underserved markets;
new text end
new text begin
(7) finance projects in all regions of the state;
new text end
new text begin
(8) develop participant eligibility standards and other terms and conditions for financial
support provided by the authority;
new text end
new text begin
(9) develop and administer:
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new text begin
(i) policies to collect reasonable fees for authority services; and
new text end
new text begin
(ii) risk management activities to support ongoing authority activities;
new text end
new text begin
(10) develop consumer protection standards governing the authority's investments to
ensure that financial support is provided responsibly and transparently, and is in the financial
interest of participating project owners;
new text end
new text begin
(11) develop methods to accurately measure the impact of the authority's activities,
particularly on low-income communities and on greenhouse gas emissions reductions;
new text end
new text begin
(12) hire an executive director and sufficient staff with the appropriate skills and
qualifications to carry out the authority's programs, making an affirmative effort to recruit
and hire a director and staff who are from, or share the interests of, the communities the
authority must serve;
new text end
new text begin
(13) apply for, either as a direct or subgrantee applicant, and accept Greenhouse Gas
Reduction Fund grants authorized by the federal Clean Air Act, United States Code, title
42, section 7434, paragraph (a), clauses (2) and (3). If the application deadlines for these
grants are earlier than is practical for the authority to meet, the commissioner shall apply
on behalf of the authority. In all cases, applications for these funds by or on behalf of the
authority must be coordinated with all known Minnesota applicants; and
new text end
new text begin
(14) ensure that authority contracts with all third-party administrators, contractors, and
subcontractors contain required covenants, representations, and warranties specifying that
contracted third parties are agents of the authority, and that all acts of contracted third parties
are considered acts of the authority, provided that the act is within the contracted scope of
work.
new text end
new text begin
(b) The authority may:
new text end
new text begin
(1) employ credit enhancement mechanisms that reduce financial risk for financing
entities by providing assurance that a limited portion of a loan or other financial instrument
is assumed by the authority via a loan loss reserve, loan guarantee, or other mechanism;
new text end
new text begin
(2) co-invest in a qualified project by providing senior or subordinated debt, equity, or
other mechanisms in conjunction with other investment, co-lending, or financing;
new text end
new text begin
(3) aggregate small and geographically dispersed qualified projects in order to diversify
risk or secure additional private investment through securitization or similar resale of the
authority's interest in a completed qualified project;
new text end
new text begin
(4) expend up to 25 percent of money appropriated to the authority for start-up purposes,
which may be used for financing programs and project investments authorized under this
section prior to adoption of the strategic plan required under subdivision 7 and the investment
strategy under subdivision 8; and
new text end
new text begin
(5) require a specific project to agree to implement a project labor agreement as a
condition of receiving financing from the authority.
new text end
new text begin Subd. 5. new text end
new text begin Underserved market analysis. new text end
new text begin
(a) Before developing a financing program,
the authority must conduct an analysis of the financial market the authority is considering
entering in order to determine the extent to which the market is underserved and to ensure
that the authority's activities supplement, and do not duplicate or supplant, the efforts of
financing entities currently serving the market. The analysis must address the nature and
extent of any barriers or gaps that may be preventing financing entities from adequately
serving the market, and must examine present and projected future efforts of existing
financing entities, federal, state, and local governments, and of utilities and others to serve
the market.
new text end
new text begin
(b) In determining whether the authority should enter a market, the authority must
consider:
new text end
new text begin
(1) whether serving the market advances the authority's policy goals;
new text end
new text begin
(2) the extent to which the market is currently underserved;
new text end
new text begin
(3) the unique tools the authority would deploy to overcome existing market barriers or
gaps;
new text end
new text begin
(4) how the authority would market the program to potential participants; and
new text end
new text begin
(5) potential financing partners and the role financing partners would play in
complementing the authority's activities.
new text end
new text begin
(c) Before providing any direct loans to residential borrowers, the authority must issue
a request for information to existing known financing entities, specifying the market need
and the authority's goals in meeting the underserved market segment, and soliciting each
financing entity's:
new text end
new text begin
(1) current financing offerings for that specific market;
new text end
new text begin
(2) prior efforts to meet that specific market; and
new text end
new text begin
(3) plans and capabilities to serve that specific market.
new text end
new text begin
(d) The authority may only provide direct loans to residential borrowers if the authority
certifies that no financing entity is currently able to meet the specific underserved market
need and the authority's goals, and that the authority's entry into the market does not supplant
or duplicate any existing financing activities in that specific market.
new text end
new text begin Subd. 6. new text end
new text begin Authority lending practices; labor and consumer protection standards. new text end
new text begin
(a)
In determining the projects in which the authority will participate, the authority must give
preference to projects that:
new text end
new text begin
(1) maximize the creation of high-quality employment and apprenticeship opportunities
for local workers, consistent with the public interest, especially workers from environmental
justice communities, labor organizations, and Minnesota communities hosting retired or
retiring electric generation facilities, including workers previously employed at retiring
facilities;
new text end
new text begin
(2) utilize energy technologies produced domestically that received an advanced
manufacturing tax credit under section 45X of the Internal Revenue Code, as allowed under
the federal Inflation Reduction Act of 2022, Public Law 117-169;
new text end
new text begin
(3) certify, for all contractors and subcontractors, that the rights of workers to organize
and unionize are recognized; and
new text end
new text begin
(4) agree to implement a project labor agreement.
new text end
new text begin
(b) The authority must require, for all projects for which the authority provides financing,
that:
new text end
new text begin
(1) if the budget is $100,000 or more, all contractors and subcontractors:
new text end
new text begin
(i) must pay no less than the prevailing wage rate, as defined in section 177.42,
subdivision 6; and
new text end
new text begin
(ii) are subject to the requirements and enforcement provisions under sections 177.27,
177.30, 177.32, 177.41 to 177.43, and 177.45, including the posting of prevailing wage
rates, prevailing hours of labor, and hourly basic rates of pay for all trades on the project in
at least one conspicuous location at the project site;
new text end
new text begin
(2) financing is not offered without first ensuring that the participants meet the authority's
underwriting criteria; and
new text end
new text begin
(3) any loan made to a homeowner for a project on the homeowner's residence complies
with section 47.59 and the following federal laws:
new text end
new text begin
(i) the Truth in Lending Act, United States Code, title 15, section 1601 et seq.;
new text end
new text begin
(ii) the Fair Credit Reporting Act, United States Code, title 15, section 1681;
new text end
new text begin
(iii) the Equal Credit Opportunity Act, United States Code, title 15, section 1691 et seq.;
and
new text end
new text begin
(iv) the Fair Debt Collection Practices Act, United States Code, title 15, section 1692.
new text end
new text begin
(c) The authority and any third-party administrator, contractor, subcontractor, or agent
that conducts lending, financing, investment, marketing, administration, servicing, or
installation of measures in connection with a qualified project financed in whole or in part
with authority funds is subject to sections 325D.43 to 325D.48; 325F.67 to 325F.71; 325G.06
to 325G.14; 325G.29 to 325G.37; and 332.37.
new text end
new text begin
(d) For the purposes of this section, "local workers" means Minnesota residents who
permanently reside within 150 miles of the location of a proposed project in which the
authority is considering to participate.
new text end
new text begin Subd. 7. new text end
new text begin Strategic plan. new text end
new text begin
(a) By December 15, 2024, and each December 15 in
even-numbered years thereafter, the authority must develop and adopt a strategic plan that
prioritizes the authority's activities over the next two years. A strategic plan must:
new text end
new text begin
(1) identify targeted underserved markets for qualified projects in Minnesota;
new text end
new text begin
(2) develop specific programs to overcome market impediments through access to
authority financing and technical assistance; and
new text end
new text begin
(3) develop outreach and marketing strategies designed to make potential project
developers, participants, and communities aware of financing and technical assistance
available from the authority, including the deployment of community navigators.
new text end
new text begin
(b) Elements of the strategic plan must be informed by the authority's analysis of the
market for qualified projects and by the authority's experience under the previous strategic
plan, including the degree to which performance targets were or were not achieved by each
financing program. In addition, the authority must actively seek input regarding activities
that should be included in the strategic plan from stakeholders, environmental justice
communities, the general public, and participants, including via meetings required under
subdivision 9.
new text end
new text begin
(c) The authority must establish annual targets in a strategic plan for each financing
program regarding the number of projects, level of authority investments, greenhouse gas
emissions reductions, and installed generating capacity or energy savings the authority
hopes to achieve, including separate targets for authority activities undertaken in
environmental justice communities.
new text end
new text begin
(d) The authority's targets and strategies must be designed to ensure that no less than 40
percent of the direct benefits of authority activities flow to environmental justice communities
as defined under subdivision 2, by the United States Department of Energy, or as modified
by the department.
new text end
new text begin Subd. 8. new text end
new text begin Investment strategy; content; process. new text end
new text begin
(a) No later than December 15, 2024,
and every four years thereafter, the authority must adopt a long-term investment strategy
to ensure the authority's paramount goal to reduce greenhouse gas emissions is reflected in
all of the authority's operations. The investment strategy must address:
new text end
new text begin
(1) the types of qualified projects the authority should focus on;
new text end
new text begin
(2) gaps in current qualified project financing that present the greatest opportunities for
successful action by the authority;
new text end
new text begin
(3) how the authority can best position itself to maximize the authority's impact without
displacing, subsidizing, or assuming risk that should be shared with financing entities;
new text end
new text begin
(4) financing tools that will be most effective in achieving the authority's goals;
new text end
new text begin
(5) partnerships the authority should establish with other organizations to increase the
likelihood of success; and
new text end
new text begin
(6) how values of equity, environmental justice, and geographic balance can be integrated
into all investment operations of the authority.
new text end
new text begin
(b) In developing an investment strategy, the authority must consult, at a minimum, with
similar organizations in other states, lending authorities, state agencies, utilities,
environmental and energy policy nonprofits, labor organizations, and other organizations
that can provide valuable advice on the authority's activities.
new text end
new text begin
(c) The long-term investment strategy must contain provisions ensuring that:
new text end
new text begin
(1) authority investments are not made solely to reduce private risk; and
new text end
new text begin
(2) private financing entities do not unilaterally control the terms of investments to which
the authority is a party.
new text end
new text begin
(d) The board must submit a draft long-term investment strategy for comment to each
of the groups and individuals the board consults under paragraph (b) and to the chairs and
ranking minority members of the senate and house of representatives committees with
primary jurisdiction over energy finance and policy, and must post the draft strategy on the
authority's website. The authority must accept written comments on the draft strategy for
at least 30 days and must consider the comments in preparing the final long-term investment
strategy.
new text end
new text begin Subd. 9. new text end
new text begin Public communications and outreach. new text end
new text begin
The authority must:
new text end
new text begin
(1) maintain a public website that provides information about the authority's operations,
current financing programs, and practices, including rates, terms, and conditions; the number
and amount of investments by project type; the number of jobs created; the financing
application process; and other information;
new text end
new text begin
(2) periodically issue an electronic newsletter to stakeholders and the public containing
information on the authority's products, programs, and services and key authority events
and decisions; and
new text end
new text begin
(3) hold quarterly meetings accessible online to update the general public on the
authority's activities, report progress being made in regard to the authority's strategic plan
and long-term investment strategy, and invite audience questions regarding authority
programs.
new text end
new text begin Subd. 10. new text end
new text begin Board of directors. new text end
new text begin
(a) The Minnesota Climate Innovation Finance Authority
board of directors shall consist of the following 13 members:
new text end
new text begin
(1) the commissioner of commerce, or the commissioner's designee;
new text end
new text begin
(2) the commissioner of labor and industry, or the commissioner's designee;
new text end
new text begin
(3) the commissioner of the Minnesota Pollution Control Agency, or the commissioner's
designee;
new text end
new text begin
(4) the commissioner of employment and economic development, or the commissioner's
designee;
new text end
new text begin
(5) the commissioner of the Minnesota Housing Finance Agency, or the commissioner's
designee;
new text end
new text begin
(6) the chair of the Minnesota Indian Affairs Council, or the chair's designee; and
new text end
new text begin
(7) seven additional members appointed by the governor, as follows:
new text end
new text begin
(i) one member representing either a municipal electric utility or a cooperative electric
association;
new text end
new text begin
(ii) one member, appointed after the governor consults with labor organizations in the
state, must be a representative of a labor union with experience working on clean energy
projects;
new text end
new text begin
(iii) one member with expertise in the impact of climate change on Minnesota
communities, particularly low-income communities;
new text end
new text begin
(iv) one member with expertise in financing projects at a community bank, credit union,
community development institution, or local government;
new text end
new text begin
(v) one member with expertise in sustainable development and energy conservation;
new text end
new text begin
(vi) one member with expertise in environmental justice; and
new text end
new text begin
(vii) one member with expertise in investment fund management or financing and
deploying clean energy technologies.
new text end
new text begin
(b) At least two members appointed to the board must permanently reside outside the
metropolitan area, as defined in section 473.121, subdivision 2. The board must collectively
reflect the geographic and ethnic diversity of the state.
new text end
new text begin
(c) Board members appointed under paragraph (a), clause (6), shall serve a term of four
years, except that the initial appointments made under clause (6), items (i) to (iii), shall be
for two-year terms, and the initial appointments made under clause (6), items (iv) to (vi),
shall be for three-year terms.
new text end
new text begin
(d) Members appointed to the board must:
new text end
new text begin
(1) provide evidence of a commitment to the authority's purposes and goals; and
new text end
new text begin
(2) not hold any personal or professional conflicts of interest related to the authority's
activities, including with respect to the member's financial investments and employment or
the financial investments and employment of the member's immediate family members.
new text end
new text begin
(e) The governor must make the appointments required under this section no later than
October 1, 2023.
new text end
new text begin
(f) The initial meeting of the board of directors must be held no later than November
17, 2023. At the initial meeting, the board shall elect a chair and vice-chair by majority vote
of the members present.
new text end
new text begin
(g) The authority shall contract with the department to provide administrative and
technical services to the board and to prospective borrowers, especially those serving or
located in environmental justice communities.
new text end
new text begin
(h) Compensation of board members, removal of members, and filling of vacancies are
governed by section 15.0575.
new text end
new text begin
(i) Board members may be reappointed for up to two full terms.
new text end
new text begin
(j) A majority of board members, excluding vacancies, constitutes a quorum for the
purpose of conducting business and exercising powers, and for all other purposes. Action
may be taken by the authority upon a vote of a majority of the quorum present.
new text end
new text begin
(k) Board members and officers are not personally liable, either jointly or severally, for
any debt or obligation created or incurred by the authority.
new text end
new text begin Subd. 11. new text end
new text begin Account established. new text end
new text begin
(a) The Minnesota climate innovation authority account
is established as a separate account in the special revenue fund in the state treasury. The
authority's board of directors shall credit to the account appropriations and transfers to the
account. Earnings, including interest, dividends, and any other earnings arising from assets
of the account, must be credited to the account. Money remaining in the account at the end
of a fiscal year does not cancel to the general fund, but remains in the account until expended.
The authority's board of directors shall manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the board of directors of the Minnesota
Climate Innovation Finance Authority for the purposes of this section and to reimburse the
reasonable costs of the authority to administer this section.
new text end
new text begin Subd. 12. new text end
new text begin Report; audit. new text end
new text begin
Beginning February 1, 2024, the authority must annually
submit a comprehensive report on the authority's activities during the previous year to the
governor and the chairs and ranking minority members of the legislative committees with
primary jurisdiction over energy policy. The report must contain, at a minimum, information
on:
new text end
new text begin
(1) the amount of authority capital invested, by project type;
new text end
new text begin
(2) the amount of private and public capital leveraged by authority investments, by
project type;
new text end
new text begin
(3) the number of qualified projects supported, by project type and location within
Minnesota, including in environmental justice communities;
new text end
new text begin
(4) the estimated number of jobs created for local workers and nonlocal workers, the
ratio of projects subject to and exempt from prevailing wage requirements under subdivision
6, paragraph (b), and tax revenue generated as a result of the authority's activities;
new text end
new text begin
(5) estimated reductions in greenhouse gas emissions resulting from the authority's
activities;
new text end
new text begin
(6) the number of clean energy projects financed in low- and moderate-income
households;
new text end
new text begin
(7) a narrative describing the progress made toward the authority's equity, social, and
labor standards goals; and
new text end
new text begin
(8) a financial audit conducted by an independent party.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2022, section 216H.02, subdivision 1, is amended to read:
Subdivision 1.
Greenhouse gas emissions-reduction goal.
new text begin (a) new text end It is the goal of the state
to reduce statewide greenhouse gas emissions across all sectors producing deleted text begin thosedeleted text end new text begin greenhouse
gasnew text end emissions deleted text begin to a level at least 15 percent below 2005 levels by 2015, to a level at least 30
percent below 2005 levels by 2025, and to a level at least 80 percent below 2005 levels by
2050.deleted text end new text begin by at least the following amounts, compared with the level of emissions in 2005:
new text end
new text begin
(1) 15 percent by 2015;
new text end
new text begin
(2) 30 percent by 2025;
new text end
new text begin
(3) 50 percent by 2030; and
new text end
new text begin
(4) to net zero by 2050.
new text end
new text begin
(b) To the maximum extent practicable, actions taken to achieve these goals must avoid
causing disproportionate adverse impacts to residents of communities that are or have been
incommensurately exposed to pollution affecting human health and environmental quality.
new text end
new text begin (c)new text end The deleted text begin levels shalldeleted text end new text begin targets mustnew text end be reviewed deleted text begin based on the climate change action plan
studydeleted text end new text begin annually by the commissioner of the Pollution Control Agency, taking into account
the latest scientific research on the impacts of climate change and strategies to reduce
greenhouse gas emissions published by the Intergovernmental Panel on Climate Changenew text end .new text begin
The commissioner must forward any recommended changes to the targets to the chairs and
ranking minority members of legislative committees with primary jurisdiction over climate
change and environmental policy.
new text end
new text begin
(d) For the purposes of the subdivision, "net zero" means:
new text end
new text begin
(1) statewide greenhouse gas emissions equal to zero; or
new text end
new text begin
(2) the balance of annual statewide greenhouse gas emissions, minus any terrestrial
sequestration of statewide greenhouse gas emissions, equals zero or less.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4. new text begin LOCAL CLIMATE ACTION GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purpose of this section, the following terms have
the meanings given:
new text end
new text begin
(1) "climate change" means a change in global or regional climate patterns associated
with increased levels of greenhouse gas emissions entering the atmosphere largely as a
result of human activity;
new text end
new text begin
(2) "commissioner" means the commissioner of the Pollution Control Agency;
new text end
new text begin
(3) "eligible applicant" means a political subdivision, an organization exempt from
taxation under section 501(c)(3) of the Internal Revenue Code, or an educational institution;
new text end
new text begin
(4) "greenhouse gas emission" means an emission of carbon dioxide, methane, nitrous
oxide, chlorofluorocarbons, hydrofluorocarbons, sulfur hexafluoride, and other gases that
trap heat in the atmosphere;
new text end
new text begin
(5) "local jurisdiction" means the geographic area in which grant activities take place;
and
new text end
new text begin
(6) "political subdivision" means:
new text end
new text begin
(i) a county; home rule charter or statutory city or town; regional development
commission established under Minnesota Statutes, section 462.387; or any other local
political subdivision; or
new text end
new text begin
(ii) a Tribal government, as defined in Minnesota Statutes, section 116J.64, subdivision
4.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner must establish a local climate action grant
program in the Pollution Control Agency. The purpose of the program is to provide grants
to support local jurisdictions to address climate change by developing and implementing
plans of action or creating new organizations and institutions to devise policies and programs
that:
new text end
new text begin
(1) enable local jurisdictions to adapt to extreme weather events and a changing climate;
or
new text end
new text begin
(2) reduce the local jurisdiction's contributions to the causes of climate change.
new text end
new text begin Subd. 3. new text end
new text begin Account established. new text end
new text begin
(a) The local climate action grant account is established
as a separate account in the special revenue fund in the state treasury. The commissioner
shall credit to the account appropriations and transfers to the account. Earnings, including
interest, dividends, and any other earnings arising from assets of the account, must be
credited to the account. Money remaining in the account at the end of a fiscal year does not
cancel to the general fund, but remains in the account until expended. The commissioner
shall manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the agency for the purposes of this section
and to reimburse the reasonable costs of the department to administer this section.
new text end
new text begin Subd. 4. new text end
new text begin Application. new text end
new text begin
(a) Application for a grant under this section must be made to the
commissioner on a form developed by the commissioner. The commissioner must develop
procedures for soliciting and reviewing applications and for awarding grants under this
section.
new text end
new text begin
(b) Eligible applicants for a grant under this section must be located in or conduct the
preponderance of the applicant's work in the local jurisdiction where the proposed grant
activities take place.
new text end
new text begin Subd. 5. new text end
new text begin Awarding grants. new text end
new text begin
(a) In awarding grants under this section, the commissioner
must give preference to proposals that seek to involve a broad array of community residents,
organizations, and institutions in the local jurisdiction's efforts to address climate change.
new text end
new text begin
(b) The commissioner shall endeavor to award grants under this section to applicants in
all regions of the state.
new text end
new text begin Subd. 6. new text end
new text begin Grant amounts. new text end
new text begin
(a) A grant awarded under this section must not exceed
$50,000.
new text end
new text begin
(b) A grant awarded under this section for activities taking place in a local jurisdiction
whose population equals or exceeds 20,000 must be matched 50 percent with local funds.
new text end
new text begin
(c) A grant awarded under this section for activities taking place in a local jurisdiction
whose population is under 20,000 must be matched a minimum of five percent with local
funds or equivalent in-kind services.
new text end
new text begin Subd. 7. new text end
new text begin Contract; greenhouse gas emissions data. new text end
new text begin
The commissioner shall contract
with an independent consultant to estimate the annual amount of greenhouse gas emissions
generated within political subdivisions awarded a grant under this section that the
commissioner determines need the data in order to carry out the proposed grant activities.
The information must contain emissions data for the most recent three years available, and
must conform with the ICLEI United States Community Protocol for Accounting and
Reporting of Greenhouse Gas Emissions, including, at a minimum, the Basic Emissions
Generating Activities described in the protocol.
new text end
new text begin Subd. 8. new text end
new text begin Technical assistance. new text end
new text begin
The Pollution Control Agency shall provide directly or
contract with an entity outside the agency to provide technical assistance to applicants
proposing to develop an action plan under this section, including greenhouse gas emissions
estimates developed under subdivision 7, and examples of actions taken and plans developed
by other local communities in Minnesota and elsewhere.
new text end
new text begin Subd. 9. new text end
new text begin Eligible expenditures. new text end
new text begin
Appropriations made to support the activities of this
section may be used only to:
new text end
new text begin
(1) provide grants as specified in this section;
new text end
new text begin
(2) pay a consultant for contracted services provided under subdivisions 7 and 8; and
new text end
new text begin
(3) reimburse the reasonable expenses incurred by the Pollution Control Agency to
provide technical assistance to applicants and to administer the grant program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 15
SOLAR
Section 1.
Minnesota Statutes 2022, section 116C.7792, is amended to read:
116C.7792 SOLAR ENERGY PRODUCTION INCENTIVE PROGRAM.
(a) The utility subject to section 116C.779 shall operate a program to provide solar
energy production incentives for solar energy systems of no more than a total aggregate
nameplate capacity of 40 kilowatts alternating current per premise. The owner of a solar
energy system installed before June 1, 2018, is eligible to receive a production incentive
under this section for any additional solar energy systems constructed at the same customer
location, provided that the aggregate capacity of all systems at the customer location does
not exceed 40 kilowatts.
(b) The program is funded by money withheld from transfer to the renewable development
account under section 116C.779, subdivision 1, paragraphs (b) and (e). Program funds must
be placed in a separate account for the purpose of the solar energy production incentive
program operated by the utility and not for any other program or purpose.
(c) Funds allocated to the solar energy production incentive program in 2019 and 2020
remain available to the solar energy production incentive program.
(d) The following amounts are allocated to the solar energy production incentive program:
(1) $10,000,000 in 2021;
(2) $10,000,000 in 2022;
(3) $5,000,000 in 2023; deleted text begin and
deleted text end
(4) deleted text begin $5,000,000deleted text end new text begin $10,000,000new text end in 2024deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) $5,000,000 in 2025.
new text end
new text begin
(e) Notwithstanding the Department of Commerce's November 14, 2018, decision in
Docket No. E002/M-13-1015 regarding operation of the utility's solar energy production
incentive program, of the amounts allocated under paragraph (d), clauses (3), (4), and (5),
$5,000,000 in each year must be reserved for solar energy systems whose installation meets
the eligibility standards for the low-income program established in the November 14, 2018,
decision or successor decisions of the department. All other program operations of the solar
energy production incentive program are governed by the provisions of the November 14,
2018, decision or successor decisions of the department.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end Funds allocated to the solar energy production incentive program that have not
been committed to a specific project at the end of a program year remain available to the
solar energy production incentive program.
deleted text begin (f)deleted text end new text begin (g)new text end Any unspent amount remaining on January 1, deleted text begin 2025deleted text end new text begin 2028new text end , must be transferred to
the renewable development account.
deleted text begin (g)deleted text end new text begin (h)new text end A solar energy system receiving a production incentive under this section must
be sized to less than 120 percent of the customer's on-site annual energy consumption when
combined with other distributed generation resources and subscriptions provided under
section 216B.1641 associated with the premise. The production incentive must be paid for
ten years commencing with the commissioning of the system.
deleted text begin (h)deleted text end new text begin (i)new text end The utility must file a plan to operate the program with the commissioner of
commerce. The utility may not operate the program until it is approved by the commissioner.
A change to the program to include projects up to a nameplate capacity of 40 kilowatts or
less does not require the utility to file a plan with the commissioner. Any plan approved by
the commissioner of commerce must not provide an increased incentive scale over prior
years unless the commissioner demonstrates that changes in the market for solar energy
facilities require an increase.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
new text begin
[116C.7793] SOLAR ENERGY; CONTINGENCY ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Agency" means the Minnesota Pollution Control Agency.
new text end
new text begin
(c) "Area C" means the site located west of Mississippi River Boulevard in St. Paul that
served as an industrial waste dump for the former Ford Twin Cities Assembly Plant.
new text end
new text begin
(d) "Corrective action determination" means a decision by the agency regarding actions
to be taken to remediate contaminated soil and groundwater at Area C.
new text end
new text begin
(e) "Owner" means the owner of a solar energy generating system planned to be deployed
at Area C.
new text end
new text begin
(f) "Solar energy generating system" has the meaning given in section 216E.01,
subdivision 9a.
new text end
new text begin Subd. 2. new text end
new text begin Account established. new text end
new text begin
The Area C contingency account is established as a
separate account in the special revenue fund in the state treasury. Transfers and appropriations
to the account, and any earnings or dividends accruing to assets in the account, must be
credited to the account. The commissioner shall serve as fiscal agent and shall manage the
account.
new text end
new text begin Subd. 3. new text end
new text begin Distribution of funds; conditions. new text end
new text begin
Money from the account is appropriated
to the commissioner and may be distributed to the owner of a solar energy generating system
planned to be deployed at Area C under the following conditions:
new text end
new text begin
(1) the agency issues a corrective action determination after the owner has begun to
design or construct the project, and implementation of the corrective action results in a need
for (i) the project to be redesigned, or (ii) construction to be interrupted or altered; or
new text end
new text begin
(2) the agency issues a corrective action determination whose work plan results in
temporary cessation or partial or complete removal of the solar energy generating system
after it has become operational.
new text end
new text begin Subd. 4. new text end
new text begin Distribution of funds; process. new text end
new text begin
(a) The owner may file a request for distribution
of funds from the commissioner if either of the conditions in subdivision 3 occur. The filing
must (1) describe the nature of the impact of the work plan that results in economic losses
to the owner, and (2) include a reasonable estimate of the amount of those losses.
new text end
new text begin
(b) The owner must provide the commissioner with information the commissioner
determines to be necessary to assist in the review of the filing required under this subdivision.
new text end
new text begin
(c) The commissioner shall review the owner's filing within 60 days of submission and
shall approve a request the commissioner determines is reasonable.
new text end
new text begin Subd. 5. new text end
new text begin Expenditures. new text end
new text begin
Money distributed by the commissioner to the owner under this
section may be used by the owner only to pay for:
new text end
new text begin
(1) removal, storage, and transportation costs incurred for removal of the solar energy
generating system or any associated infrastructure, and any costs to reinstall equipment;
new text end
new text begin
(2) costs of redesign or new equipment or infrastructure made necessary by the activities
of the agency's work plan;
new text end
new text begin
(3) lost revenues resulting from the inability of the solar energy generating system to
generate sufficient electricity to fulfill the terms of the power purchase agreement between
the owner and the purchaser of electricity generated by the solar energy generating system;
new text end
new text begin
(4) other damages incurred under the power purchase agreement resulting from the
cessation of operations made necessary by the activities of the agency's work plan; and
new text end
new text begin
(5) the cost of energy required to replace the energy that was to be generated by the solar
energy generating system and purchased under the power purchase agreement.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
Beginning July 1, 2026, and every three years thereafter, the agency
must submit a written report to the chairs and ranking minority members of the senate and
house of representatives committees with jurisdiction over environment and energy assessing
the likelihood of the agency approving a corrective action determination to remediate Area
C.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2022, section 216B.164, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Customer's access to electricity usage data. new text end
new text begin
A utility must provide a
customer's electricity usage data to the customer within ten days of the date the utility
receives a request from the customer that is accompanied by evidence that the energy usage
data is relevant to the interconnection of a qualifying facility on behalf of the customer. For
the purposes of this subdivision, "electricity usage data" includes but is not limited to: (1)
the total amount of electricity used by a customer monthly; (2) usage by time period if the
customer operates under a tariff where costs vary by time of use; and (3) usage data that is
used to calculate a customer's demand charge.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 216B.1641, is amended to read:
216B.1641 COMMUNITY SOLAR GARDEN.
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Subscribed energy" means electricity generated by the community solar garden that
is attributable to a subscriber's subscription.
new text end
new text begin
(c) "Subscriber" means a retail customer who owns one or more subscriptions of a
community solar garden interconnected with the retail customer's utility.
new text end
new text begin
(d) "Subscription" means a contract between a subscriber and the owner of a solar garden.
new text end
new text begin Subd. 2. new text end
new text begin Solar garden; project requirements. new text end
(a) deleted text begin Thedeleted text end new text begin Eachnew text end public utility deleted text begin subject to
section 116C.779deleted text end new text begin providing electric service at retail to customers in Minnesotanew text end shall file by
deleted text begin September 30, 2013deleted text end new text begin January 15, 2024new text end , a plan with the commission to operate a community
solar garden program which shall begin operations within 90 days after commission approval
of the plan. deleted text begin Other public utilities may file an application at their election.deleted text end The community
solar garden program must be designed to offset the energy use of not less than five
subscribers in each community solar garden facility of which no single subscriber has more
than a 40 percent interest. The owner of the community solar garden may be a public utility
or any other entity or organization that contracts to sell the output from the community solar
garden to the utility under section 216B.164. There shall be no limitation on the number or
cumulative generating capacity of community solar garden facilities other than the limitations
imposed under section 216B.164, subdivision 4c, or other limitations provided in law or
regulations.
(b) A solar garden is a facility that generates electricity by means of a ground-mounted
or roof-mounted solar photovoltaic device whereby subscribers receive a bill credit for the
electricity generated in proportion to the size of their subscription. The solar garden must
have a nameplate capacity of no more than deleted text begin one megawattdeleted text end new text begin five megawattsnew text end . Each subscription
shall be sized to represent at least 200 watts of the community solar garden's generating
capacity and to supply, when combined with other distributed generation resources serving
the premises, no more than 120 percent of the average annual consumption of electricity
by each subscriber at the premises to which the subscription is attributed.
(c) The solar generation facility must be located in the service territory of the public
utility filing the plan. Subscribers must be retail customers of the public utility deleted text begin located in
the same county or a county contiguous to where the facility is locateddeleted text end .
(d) The public utility must purchase from the community solar garden all energy generated
by the solar garden. The purchase shall be at the rate calculated under section 216B.164,
subdivision 10, or, until that rate for the public utility has been approved by the commission,
the applicable retail rate. A solar garden is eligible for any incentive programs offered under
section 116C.7792. A subscriber's portion of the purchase shall be provided by a credit on
the subscriber's bill.
new text begin Subd. 3. new text end
new text begin Solar garden plan; requirements; nonutility status. new text end
deleted text begin (e)deleted text end new text begin (a)new text end The commission
may approve, disapprove, or modify a community solar garden program. Any plan approved
by the commission must:
(1) reasonably allow for the creation, financing, and accessibility of community solar
gardens;
(2) establish uniform standards, fees, and processes for the interconnection of community
solar garden facilities that allow the utility to recover reasonable interconnection costs for
each community solar garden;
(3) not apply different requirements to utility and nonutility community solar garden
facilities;
(4) be consistent with the public interest;
(5) identify the information that must be provided to potential subscribers to ensure fair
disclosure of future costs and benefits of subscriptions;
(6) include a program implementation schedule;
(7) identify all proposed rules, fees, and charges; deleted text begin and
deleted text end
(8) identify the means by which the program will be promoteddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) require an owner of a solar garden to submit a report that meets the requirements of
section 216C.51, subdivisions 2 and 3, each year the solar garden is in operation.
new text end
deleted text begin (f)deleted text end new text begin (b)new text end Notwithstanding any other law, neither the manager of nor the subscribers to a
community solar garden facility shall be considered a utility solely as a result of their
participation in the community solar garden facility.
deleted text begin (g)deleted text end new text begin (c)new text end Within 180 days of commission approval of a plan under this section, a utility
shall begin crediting subscriber accounts for each community solar garden facility in its
service territory, and shall file with the commissioner of commerce a description of its
crediting system.
deleted text begin
(h) For the purposes of this section, the following terms have the meanings given:
deleted text end
deleted text begin
(1) "subscriber" means a retail customer of a utility who owns one or more subscriptions
of a community solar garden facility interconnected with that utility; and
deleted text end
deleted text begin
(2) "subscription" means a contract between a subscriber and the owner of a solar garden.
deleted text end
new text begin Subd. 4. new text end
new text begin Community access project; eligibility. new text end
new text begin
(a) An owner of a community solar
garden may apply to the utility to be designated as a community access project at any time:
new text end
new text begin
(1) before the owner makes an initial payment under an interconnection agreement
entered into with a public utility; or
new text end
new text begin
(2) if the owner made an initial payment under an interconnection agreement between
January 1, 2023, and the effective date of this section, before commercial operation begins.
new text end
new text begin
(b) The utility must designate a solar garden as a community access project if the owner
of a solar garden commits in writing to meet the following conditions:
new text end
new text begin
(1) at least 50 percent of the solar garden's generating capacity is subscribed by residential
customers;
new text end
new text begin
(2) the contract between the owner of the solar garden and the public utility that purchases
the garden's electricity, and any agreement between the utility or owner of the solar garden
and subscribers, states that the owner of the solar garden does not discriminate against or
screen subscribers based on income or credit score and that any customer of a utility with
a community solar garden plan approved by the commission under subdivision 3 is eligible
to become a subscriber;
new text end
new text begin
(3) the solar garden is operated by an entity that maintains a physical address in Minnesota
and has designated a contact person in Minnesota who responds to subscriber inquiries; and
new text end
new text begin
(4) the agreement between the owner of the solar garden and subscribers states that the
owner must adequately publicize and convene at least one meeting annually to provide an
opportunity for subscribers to pose questions to the manager or owner.
new text end
new text begin Subd. 5. new text end
new text begin Community access project; financial arrangements. new text end
new text begin
(a) If a utility approves
a solar garden as a community access project:
new text end
new text begin
(1) the public utility purchasing the electricity generated by the community access project
may charge the owner of the community access project no more than one cent per watt
alternating current based on the solar garden's generating capacity for any refundable deposit
the utility requires of a solar garden during the application process;
new text end
new text begin
(2) notwithstanding subdivision 2, paragraph (d), the public utility must purchase all
energy generated by the community access project at the retail rate; and
new text end
new text begin
(3) all renewable energy credits generated by the community access project belong to
subscribers unless the owner of the solar garden:
new text end
new text begin
(i) contracts to:
new text end
new text begin
(A) sell the credits to a third party; or
new text end
new text begin
(B) sell or transfer the credits to the utility; and
new text end
new text begin
(ii) discloses a sale or transfer to subscribers at the time the subscribers enter into a
subscription.
new text end
new text begin
(b) If at any time after commercial operation begins a solar garden that the utility
approved as a community access project fails to meet the conditions under subdivision 4,
the solar garden:
new text end
new text begin
(1) is no longer subject to this subdivision and subdivision 6; and
new text end
new text begin
(2) must operate under the program rules established by the commission for a solar
garden that does not qualify as a community access project.
new text end
new text begin
(c) An owner of a solar garden whose designation as a community access project is
revoked under this subdivision may reapply to the commission at any time to have the
community access project designation reinstated under subdivision 4.
new text end
new text begin Subd. 6. new text end
new text begin Community access project; reporting. new text end
new text begin
The owner of a community access
project must include the following information in an annual report to the community access
project subscribers and the utility:
new text end
new text begin
(1) a description of the process by which subscribers may provide input to solar garden
policy and decision making;
new text end
new text begin
(2) the amount of revenues received by the solar garden in the previous year that were
allocated to categories that include but are not limited to operating costs, debt service, profits
distributed to subscribers, and profits distributed to others; and
new text end
new text begin
(3) an estimate of the proportion of low- and moderate-income subscribers, and a
description of one or more of the following methods used to make the estimate:
new text end
new text begin
(i) evidence provided by a subscriber that the subscriber or a member of the subscriber's
household receives assistance from any of the following sources:
new text end
new text begin
(A) the federal Low-Income Home Energy Assistance Program;
new text end
new text begin
(B) federal Section 8 housing assistance;
new text end
new text begin
(C) medical assistance;
new text end
new text begin
(D) the federal Supplemental Nutrition Assistance Program; or
new text end
new text begin
(E) the federal National School Lunch Program;
new text end
new text begin
(ii) characterization of the census tract where the subscriber resides as low- or
moderate-income by the Federal Financial Institutions Examination Council; or
new text end
new text begin
(iii) other methods approved by the commission.
new text end
new text begin Subd. 7. new text end
new text begin Commission order. new text end
new text begin
The commission must issue an order addressing the
requirements of this section no later than 180 days after the filings made under subdivision
2, paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2022, section 216C.08, is amended to read:
216C.08 JURISDICTION.
The commissioner has sole authority and responsibility for the administration of sections
216C.05 to 216C.30new text begin and 216C.375new text end . Other laws notwithstanding, the authority granted the
commissioner shall supersede the authority given any other agency whenever overlapping,
duplication, or additional administrative or legal procedures might occur in the administration
of sections 216C.05 to 216C.30new text begin and 216C.375new text end . The commissioner shall consult with other
state departments or agencies in matters related to energy and shall contract with them to
provide appropriate services to effectuate the purposes of sections 216C.05 to 216C.30new text begin and
216C.375new text end . Any other department, agency, or official of this state or political subdivision
thereof which would in any way affect the administration or enforcement of sections 216C.05
to 216C.30new text begin and 216C.375new text end shall cooperate and coordinate all activities with the commissioner
to assure orderly and efficient administration and enforcement of sections 216C.05 to
216C.30new text begin and 216C.375new text end .
The commissioner shall designate a liaison officer whose duty shall be to insure the
maximum possible consistency in procedures and to eliminate duplication between the
commissioner and the other agencies that may be involved in energy.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2022, section 216C.09, is amended to read:
216C.09 COMMISSIONER DUTIES.
(a) The commissioner shall:
(1) manage the department as the central repository within the state government for the
collection of data on energy;
(2) prepare and adopt an emergency allocation plan specifying actions to be taken in the
event of an impending serious shortage of energy, or a threat to public health, safety, or
welfare;
(3) undertake a continuing assessment of trends in the consumption of all forms of energy
and analyze the social, economic, and environmental consequences of these trends;
(4) carry out energy conservation measures as specified by the legislature and recommend
to the governor and the legislature additional energy policies and conservation measures as
required to meet the objectives of sections 216C.05 to 216C.30new text begin and 216C.375new text end ;
(5) collect and analyze data relating to present and future demands and resources for all
sources of energy;
(6) evaluate policies governing the establishment of rates and prices for energy as related
to energy conservation, and other goals and policies of sections 216C.05 to 216C.30new text begin and
216C.375new text end , and make recommendations for changes in energy pricing policies and rate
schedules;
(7) study the impact and relationship of the state energy policies to international, national,
and regional energy policies;
(8) design and implement a state program for the conservation of energy; this program
shall include but not be limited to, general commercial, industrial, and residential, and
transportation areas; such program shall also provide for the evaluation of energy systems
as they relate to lighting, heating, refrigeration, air conditioning, building design and
operation, and appliance manufacturing and operation;
(9) inform and educate the public about the sources and uses of energy and the ways in
which persons can conserve energy;
(10) dispense funds made available for the purpose of research studies and projects of
professional and civic orientation, which are related to either energy conservation, resource
recovery, or the development of alternative energy technologies which conserve
nonrenewable energy resources while creating minimum environmental impact;
(11) charge other governmental departments and agencies involved in energy-related
activities with specific information gathering goals and require that those goals be met;
(12) design a comprehensive program for the development of indigenous energy
resources. The program shall include, but not be limited to, providing technical,
informational, educational, and financial services and materials to persons, businesses,
municipalities, and organizations involved in the development of solar, wind, hydropower,
peat, fiber fuels, biomass, and other alternative energy resources. The program shall be
evaluated by the alternative energy technical activity; and
(13) dispense loans, grants, or other financial aid from money received from litigation
or settlement of alleged violations of federal petroleum-pricing regulations made available
to the department for that purpose.
(b) Further, the commissioner may participate fully in hearings before the Public Utilities
Commission on matters pertaining to rate design, cost allocation, efficient resource utilization,
utility conservation investments, small power production, cogeneration, and other rate issues.
The commissioner shall support the policies stated in section 216C.05 and shall prepare
and defend testimony proposed to encourage energy conservation improvements as defined
in section 216B.241.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2022, section 216C.375, is amended to read:
216C.375 SOLAR FOR SCHOOLS PROGRAM.
Subdivision 1.
Definitions.
(a) For the purposes of this section deleted text begin and section 216C.376deleted text end ,
the following terms have the meanings given them.
(b) "Developer" means an entity that installs a solar energy system on a school building
that has been awarded a grant under this section.
new text begin
(c) "Electricity expenses" means expenses associated with:
new text end
new text begin
(1) purchasing electricity from a utility; or
new text end
new text begin
(2) purchasing and installing a solar energy system, including financing and power
purchase agreement payments, operation and maintenance contract payments, and interest
charges.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end "Photovoltaic device" has the meaning given in section 216C.06, subdivision 16.
deleted text begin (d)deleted text end new text begin (e)new text end "School" means:
(1) a school that operates as part of deleted text begin an independent or specialdeleted text end new text begin anew text end school district;
new text begin (2) a Tribal contract school;new text end or
deleted text begin (2)deleted text end new text begin (3)new text end a state college or university that is under the jurisdiction of the Board of Trustees
of the Minnesota State Colleges and Universities.
deleted text begin (e)deleted text end new text begin (f) new text end "School district" meansnew text begin :
new text end
new text begin (1)new text end an independent deleted text begin ordeleted text end new text begin school district, as defined in section 120A.05, subdivision 10;
new text end
new text begin (2) anew text end special school districtnew text begin , as defined in section 120A.05, subdivision 14; or
new text end
new text begin (3) a cooperative unit, as defined in section 123A.24, subdivision 2new text end .
deleted text begin (f)deleted text end new text begin (g)new text end "Solar energy system" means photovoltaic or solar thermal devices.
deleted text begin (g)deleted text end new text begin (h)new text end "Solar thermal" has the meaning given to "qualifying solar thermal project" in
section 216B.2411, subdivision 2, paragraph (d).
deleted text begin (h)deleted text end new text begin (i)new text end "State colleges and universities" has the meaning given in section 136F.01,
subdivision 4.
Subd. 2.
Establishment; purpose.
A solar for schools program is established in the
Department of Commerce. The purpose of the program is to provide grants to stimulate the
installation of solar energy systems on or adjacent to school buildings by reducing the deleted text begin costdeleted text end new text begin
school's electricity expensesnew text end , and to enable schools to use the solar energy system as a
teaching tool that can be integrated into the school's curriculum.
Subd. 3.
Establishment of account.
A solar for schools program account is established
in the special revenue fund. Money received from the general fund new text begin and from the renewable
development account established under section 116C.779, subdivision 1, new text end must be transferred
to the commissioner of commerce and credited to the account. new text begin The account consists of
money received from the general fund and the renewable development account, provided
by law, donated, allocated, transferred, or otherwise provided to the account. Earnings,
including interest, dividends, and any other earnings arising from the assets of the account,
must be credited to the account. new text end Except as otherwise provided in this paragraph, money
deposited in the account remains in the account until expended. Any money that remains
in the account on June 30, deleted text begin 2027deleted text end new text begin 2034new text end , cancels to the general fund.
Subd. 4.
new text begin Appropriation; new text end expenditures.
(a) Money in the account new text begin is appropriated to the
commissioner and new text end may be used only:
(1) for grant awards made under this section; and
(2) to pay the reasonable costs incurred by the department to administer this section.
(b) Grant awards made with funds deleted text begin in the accountdeleted text end new text begin from the general fundnew text end must be used
only for grants for solar energy systems installed on or adjacent to school buildings receiving
retail electric service from a utility that is not subject to section 116C.779, subdivision 1.
new text begin
(c) Grant awards made with funds from the renewable development account must be
used only for grants for solar energy systems installed on or adjacent to school buildings
receiving retail electric service from a utility that is subject to section 116C.779, subdivision
1.
new text end
Subd. 5.
Eligible system.
(a) A grant may be awarded to a school under this section
only if the solar energy system that is the subject of the grant:
(1) is installed on or adjacent to the school building that consumes the electricity generated
by the solar energy system, on property within the service territory of the utility currently
providing electric service to the school building;
(2) new text begin if installed on or adjacent to a school building receiving retail electric service from
a utility that is not subject to section 116C.779, subdivision 1, new text end has a capacity that does not
exceed the lesser ofnew text begin : (i)new text end 40 kilowatts new text begin alternating current or, with the consent of the
interconnecting electric utility, up to 1,000 kilowatts alternating current; new text end ornew text begin (ii)new text end 120 percent
of the estimated annual electricity consumption of the school building at which the solar
energy system is installed; and
(3) new text begin if installed on or adjacent to a school building receiving retail electric service from
a utility that is subject to section 116C.779, subdivision 1, has a capacity that does not
exceed the lesser of 1,000 kilowatts alternating current or 120 percent of the estimated
annual electricity consumption of the school building at which the solar energy system is
installed;
new text end
new text begin (4) new text end has real-time and cumulative display devices, located in a prominent location
accessible to students and the public, that indicate the system's electrical performance.
(b) A school that receives a rebate or other financial incentive under section 216B.241
for a solar energy system and that demonstrates considerable need for financial assistance,
as determined by the commissioner, is eligible for a grant under this section for the same
solar energy system.
Subd. 6.
Application process.
(a) The commissioner must issue a request for proposals
to utilities, schools, and developers who may wish to apply for a grant under this section
on behalf of a school.
(b) A utility or developer must submit an application to the commissioner on behalf of
a school on a form prescribed by the commissioner. The form must include, at a minimum,
the following information:
(1) the capacity of the proposed solar energy system and the amount of electricity that
is expected to be generated;
(2) the current energy demand of the school building on which the solar energy generating
system is to be installed and information regarding any distributed energy resource, including
subscription to a community solar garden, that currently provides electricity to the school
building;
(3) a description of any solar thermal devices proposed as part of the solar energy system;
(4) the total cost to purchase and install the solar energy system and the solar energy
system's lifecycle cost, including removal and disposal at the end of the system's life;
(5) a copy of the proposed contract agreement between the school and the deleted text begin publicdeleted text end utility
new text begin to which the solar energy system is interconnected new text end or new text begin the new text end developer that includes provisions
addressing responsibility for maintenance of the solar energy system;
(6) the school's plan to make the solar energy system serve as a visible learning tool for
students, teachers, and visitors to the school, including how the solar energy system may
be integrated into the school's curriculum and provisions for real-time monitoring of the
solar energy system performance for display in a prominent location within the school or
on-demand in the classroom;
(7) information that demonstrates the school's level of need for financial assistance
available under this section;
(8) information that demonstrates the school's readiness to implement the project,
including but not limited to the availability of the site on which the solar energy system is
to be installed and the level of the school's engagement with the utility providing electric
service to the school building on which the solar energy system is to be installed on issues
relevant to the implementation of the project, including metering and other issues;
(9) with respect to the installation and operation of the solar energy system, the
willingness and ability of the developer or the public utility to:
(i) pay employees and contractors a prevailing wage rate, as defined in section 177.42,
subdivision 6; and
(ii) adhere to the provisions of section 177.43;
(10) deleted text begin how the developer or public utility plans to reducedeleted text end the school's deleted text begin initial capital expense
to purchase and installdeleted text end new text begin projected reductions in electricity expenses resulting from purchasing
and installingnew text end the solar energy system deleted text begin by providing financial assistance to the schooldeleted text end ; and
(11) any other information deemed relevant by the commissioner.
(c) The commissioner must administer an open application process under this section
at least twice annually.
(d) The commissioner must develop administrative procedures governing the application
and grant award process.
new text begin
(e) The school, the developer, or the utility to which the solar energy generating system
is interconnected must annually submit to the commissioner on a form prescribed by the
commissioner a report containing the following information for each of the 12 previous
months:
new text end
new text begin
(1) the total number of kilowatt-hours of electricity consumed by the school;
new text end
new text begin
(2) the total number of kilowatt-hours generated by the solar energy generating system;
new text end
new text begin
(3) the amount paid by the school to its utility for electricity; and
new text end
new text begin
(4) any other information requested by the commissioner.
new text end
Subd. 7.
Energy conservation review.
At the commissioner's request, a school awarded
a grant under this section deleted text begin shalldeleted text end new text begin mustnew text end provide the commissioner information regarding energy
conservation measures implemented at the school building at which the solar energy system
is installed. The commissioner may make recommendations to the school regarding
cost-effective conservation measures it can implement and may provide technical assistance
and direct the school to available financial assistance programs.
Subd. 8.
Technical assistance.
The commissioner must provide technical assistance to
schools to develop and execute projects under this section.
Subd. 9.
Grant payments.
The commissioner must award a grant from the account
established under subdivision 3 to a school for the necessary costs associated with the
purchase and installation of a solar energy system. The amount of the grant must be based
on the commissioner's assessment of the school's need for financial assistance.
Subd. 10.
Application deadline.
No application may be submitted under this section
after December 31, deleted text begin 2025deleted text end new text begin 2032new text end .
Subd. 11.
Reporting.
Beginning January 15, 2022, and each year thereafter until January
15, deleted text begin 2028deleted text end new text begin 2035new text end , the commissioner must report to the chairs and ranking minority members
of the legislative committees with jurisdiction over energy regarding: (1) grants and amounts
awarded to schools under this section during the previous year; deleted text begin (2) financial assistance,
including amounts per award, provided to schools under section 216C.376 during the
previous year; and (3) any remaining balances available under this section and section
216C.376.deleted text end new text begin (2) the amount of electricity generated by solar energy generating systems awarded
a grant under this section; and (3) the impact on school electricity expenses.
new text end
new text begin Subd. 12. new text end
new text begin Renewable energy credits. new text end
new text begin
Renewable energy credits associated with the
electricity generated by a solar energy generating system installed under this section in the
electric service area of a public utility subject to section 116C.779 are the property of the
public utility for the life of the solar energy generating system.
new text end
Sec. 8.
new text begin
[216C.377] SOLAR GRANT PROGRAM; PUBLIC BUILDINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Developer" means an entity that applies for a grant on behalf of a public building
under this section to install a solar energy generating system on the public building.
new text end
new text begin
(c) "Local unit of government" means:
new text end
new text begin
(1) a county, statutory or home rule charter city, town, or other local government
jurisdiction, excluding a school district eligible to receive financial assistance under section
216C.375 or 216C.376; or
new text end
new text begin
(2) a federally recognized Indian Tribe in Minnesota.
new text end
new text begin
(d) "Municipal electric utility" means a utility that (1) provides electric service to retail
customers in Minnesota, and (2) is governed by a city council or a local utilities commission.
new text end
new text begin
(e) "Public building" means:
new text end
new text begin
(1) a building owned and operated by a local unit of government; or
new text end
new text begin
(2) a building owned by a federally recognized Indian Tribe in Minnesota whose primary
purpose is Tribal government operations.
new text end
new text begin
(f) "Solar energy generating system" has the meaning given in section 216E.01,
subdivision 9a.
new text end
new text begin Subd. 2. new text end
new text begin Establishment; purpose. new text end
new text begin
A solar on public buildings grant program is
established in the department. The purpose of the program is to provide grants to stimulate
the installation of solar energy generating systems on public buildings.
new text end
new text begin Subd. 3. new text end
new text begin Establishment of account. new text end
new text begin
A solar on public buildings grant program account
is established in the special revenue fund. Money received from the general fund and the
renewable development account established in section 116C.779, subdivision 1, must be
transferred to the commissioner of commerce and credited to the account. Earnings, including
interest, dividends, and any other earnings arising from the assets of the account, must be
credited to the account. Earnings remaining in the account at the end of a fiscal year do not
cancel to the general fund or renewable development account but remain in the account
until expended. The commissioner must manage the account.
new text end
new text begin Subd. 4. new text end
new text begin Appropriation; expenditures. new text end
new text begin
Money in the account established under
subdivision 3 is appropriated to the commissioner for the purposes of this section and must
be used only:
new text end
new text begin
(1) for grant awards made under this section; and
new text end
new text begin
(2) to pay the reasonable costs of the department to administer this section.
new text end
new text begin Subd. 5. new text end
new text begin Eligible system. new text end
new text begin
(a) A grant may be awarded to a local unit of government
under this section only if the solar energy generating system that is the subject of the grant:
new text end
new text begin
(1) is installed (i) on or adjacent to a public building that consumes the electricity
generated by the solar energy generating system, and (ii) on property within the service
territory of the utility currently providing electric service to the public building; and
new text end
new text begin
(2) has a capacity that does not exceed the lesser of 40 kilowatts or 120 percent of the
average annual electricity consumption, measured over the most recent three calendar years,
of the public building at which the solar energy generating system is installed.
new text end
new text begin
(b) A public building that receives a rebate or other financial incentive under section
216B.241 for a solar energy generating system is eligible for a grant under this section for
the same solar energy generating system.
new text end
new text begin
(c) Before filing an application for a grant under this section, a local unit of government
or public building that is served by a municipal electric utility must inform the municipal
electric utility of the local unit of government's or public building's intention to do so. A
municipal electric utility may, under an agreement with a local unit of government, own
and operate a solar energy generating system awarded a grant under this section on behalf
of and for the benefit of the local unit of government.
new text end
new text begin Subd. 6. new text end
new text begin Application process. new text end
new text begin
(a) The commissioner must issue a request for proposals
to utilities, local units of government, and developers who may wish to apply for a grant
under this section on behalf of a public building.
new text end
new text begin
(b) A utility or developer must submit an application to the commissioner on behalf of
a public building on a form prescribed by the commissioner. The form must include, at a
minimum, the following information:
new text end
new text begin
(1) the capacity of the proposed solar energy generating system and the amount of
electricity that is expected to be generated;
new text end
new text begin
(2) the current energy demand of the public building on which the solar energy generating
system is to be installed, information regarding any distributed energy resource that currently
provides electricity to the public building, and the size of the public building's subscription
to a community solar garden, if applicable;
new text end
new text begin
(3) information sufficient to estimate the energy and monetary savings that are projected
to result from installation of the solar energy generating system over the system's useful
life;
new text end
new text begin
(4) the total cost to purchase and install the solar energy system and the solar energy
system's life cycle cost, including removal and disposal at the end of the system's life;
new text end
new text begin
(5) a copy of the proposed contract agreement between the local unit of government and
the utility or developer that includes provisions addressing responsibility for maintenance,
removal, and disposal of the solar energy generating system; and
new text end
new text begin
(6) if the applicant is other than the utility providing electric service to the public building
at which the solar energy generating system is to be installed, a written statement from that
utility that no issues that would prevent interconnection of the solar energy generating
system as proposed are foreseen.
new text end
new text begin
(c) The commissioner must administer an open application process under this section
at least twice annually.
new text end
new text begin
(d) The commissioner must develop administrative procedures governing the application
and grant award process under this section.
new text end
new text begin Subd. 7. new text end
new text begin Energy conservation review. new text end
new text begin
At the commissioner's request, a local unit of
government awarded a grant under this section must provide the commissioner with
information regarding energy conservation measures implemented at the public building
where the solar energy generating system is to be installed. The commissioner may make
recommendations to the local unit of government regarding cost-effective conservation
measures the local unit of government can implement and may provide technical assistance
and direct the local unit of government to available financial assistance programs.
new text end
new text begin Subd. 8. new text end
new text begin Technical assistance. new text end
new text begin
The commissioner must provide technical assistance to
local units of government to develop and execute projects under this section.
new text end
new text begin Subd. 9. new text end
new text begin Grant payments. new text end
new text begin
The commissioner must award a grant from the account
established under subdivision 3 to a local unit of government for the necessary and reasonable
costs associated with the purchase and installation of a solar energy generating system. In
determining the amount of a grant award, the commissioner shall take into consideration
the financial capacity of the local unit of government awarded the grant.
new text end
new text begin Subd. 10. new text end
new text begin Application deadline. new text end
new text begin
An application must not be submitted under this section
after June 30, 2026.
new text end
new text begin Subd. 11. new text end
new text begin Contractor conditions. new text end
new text begin
A contractor or subcontractor performing construction
work on a project supported by a grant awarded under this section:
new text end
new text begin
(1) must pay employees working on the project no less than the prevailing wage rate,
as defined in section 177.42; and
new text end
new text begin
(2) is subject to the requirements and enforcement provisions of sections 177.27, 177.30,
177.32, 177.41 to 177.435, and 177.45.
new text end
new text begin Subd. 12. new text end
new text begin Reporting. new text end
new text begin
Beginning January 15, 2024, and each year thereafter until January
15, 2027, the commissioner must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over energy finance and policy regarding grants
and amounts awarded to local units of government under this section during the previous
year and any remaining balances available in the account established under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
new text begin
[216C.379] DISTRIBUTED ENERGY RESOURCES SYSTEM UPGRADE
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Capacity constrained location" means a location on an electric utility's distribution
system that the utility has reasonably determined requires significant distribution or network
upgrades before additional distributed energy resources can interconnect.
new text end
new text begin
(c) "Distribution upgrades" means the additions, modifications, and upgrades made to
an electric utility's distribution system to facilitate interconnection of distributed energy
resources.
new text end
new text begin
(d) "Interconnection" means the process governed by the Minnesota Distributed Energy
Resources Interconnection Process and Agreement, as approved in the Minnesota Public
Utilities Commission's order issued April 19, 2019.
new text end
new text begin
(e) "Net metered facility" has the meaning given in section 216B.164.
new text end
new text begin
(f) "Network upgrades" means additions, modifications, and upgrades to the transmission
system required at or beyond the point at which the distributed energy resource interconnects
with an electric utility's distribution system to accommodate the interconnection of the
distributed energy resource with the electric utility's distribution system. Network upgrades
do not include distribution upgrades.
new text end
new text begin Subd. 2. new text end
new text begin Establishment; purpose. new text end
new text begin
A distributed energy resources system upgrade
program is established in the department. The purpose of the program is to provide funding
to the utility subject to section 116C.779 to complete infrastructure upgrades necessary to
enable electricity customers to interconnect distributed energy resources. The program must
be designed to achieve the following goals to the maximum extent feasible:
new text end
new text begin
(1) make upgrades at capacity constrained locations on the utility's distribution system
so that the number and capacity of distributed energy resources projects with a capacity of
up to 40 kilowatts alternating current that can be interconnected is sufficient to serve projected
demand;
new text end
new text begin
(2) enable all distributed energy resources projects with a nameplate capacity of up to
40 kilowatts alternating current to be reviewed and approved by the utility within 43 business
days;
new text end
new text begin
(3) minimize interconnection barriers for electricity customers seeking to construct net
metered facilities for on-site electricity use; and
new text end
new text begin
(4) advance innovative solutions that can minimize the cost of distribution and network
upgrades required for interconnection, including but not limited to energy storage, control
technologies, smart inverters, distributed energy resources management systems, and other
innovative technologies and programs.
new text end
new text begin Subd. 3. new text end
new text begin Required plan. new text end
new text begin
(a) By November 1, 2023, the utility subject to section 116C.779
must file with the commissioner a plan for the distributed energy resources system upgrade
program. The plan must contain:
new text end
new text begin
(1) a description of how the utility proposes to use money in the distributed energy
resources system upgrade program account to upgrade the utility's distribution system so
that the number and capacity of distributed energy resources that can be interconnected is
sufficient to serve projected demand;
new text end
new text begin
(2) the locations where the utility proposes to make investments under the program;
new text end
new text begin
(3) the number and capacity of distributed energy resources projects the utility expects
to interconnect as a result of the program;
new text end
new text begin
(4) a plan for reporting on the program's outcomes; and
new text end
new text begin
(5) any additional information required by the commissioner.
new text end
new text begin
(b) The utility subject to section 116C.779 is prohibited from implementing the program
until the commissioner approves the plan submitted under this subdivision. No later than
March 31, 2024, the commissioner must approve a plan under this subdivision that the
commissioner determines is in the public interest. Any proposed modification to the plan
approved under this subdivision must be approved by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Project priorities. new text end
new text begin
In developing the plan required by subdivision 3, the utility
must prioritize making investments under this program:
new text end
new text begin
(1) at capacity constrained locations on the distribution grid;
new text end
new text begin
(2) in communities with demonstrated customer interest in distributed energy resources
as measured by completed, pending, and anticipated interconnection applications; and
new text end
new text begin
(3) in communities with a climate action plan, clean energy goal, or policies that:
new text end
new text begin
(i) seek to mitigate the impacts of climate change on the city; or
new text end
new text begin
(ii) reduce the city's contributions to the causes of climate change.
new text end
new text begin Subd. 5. new text end
new text begin Eligible costs. new text end
new text begin
The commissioner may pay the following reasonable costs of
the utility subject to section 116C.779 under a plan approved in accordance with subdivision
3 from money available in the distributed energy resources system upgrade program account:
new text end
new text begin
(1) distribution upgrades and network upgrades;
new text end
new text begin
(2) energy storage; control technologies, including but not limited to a distributed energy
resources management system; or other innovative technology used to achieve the purposes
of this section;
new text end
new text begin
(3) pilot programs operated by the utility to implement innovative technology solutions;
and
new text end
new text begin
(4) costs incurred by the department to administer this section.
new text end
new text begin Subd. 6. new text end
new text begin Capacity reserved. new text end
new text begin
The utility subject to section 116C.779 must reserve any
increase in capacity made available by upgrades paid for under this section for net metered
facilities and distributed energy resources with a nameplate capacity of up to 40 kilowatts
alternating current. The commissioner may modify the requirements of this subdivision
when the commissioner finds doing so is in the public interest.
new text end
new text begin Subd. 7. new text end
new text begin Establishment of account. new text end
new text begin
(a) A distributed energy resources system upgrade
program account is established in the special revenue fund. Earnings, including interest,
dividends, and any other earnings arising from the assets of the account, must be credited
to the account. Earnings remaining in the account at the end of a fiscal year do not cancel
to the general fund or renewable development account but remain in the account until
expended. The commissioner must manage the account.
new text end
new text begin
(b) Money from the account is appropriated to the commissioner for the purposes of this
section.
new text end
new text begin Subd. 8. new text end
new text begin Reporting of certain incidents. new text end
new text begin
The utility subject to section 116C.779 must
report to the commissioner within 60 days if any distributed energy resources project with
a capacity up to 40 kilowatts alternating current is unable to interconnect at a location for
which upgrade funding was provided under this program due to safety or reliability issues,
or the additional cost of distribution or network upgrades required. The utility must make
available to the commissioner all engineering analyses, studies, and information related to
any such instances. The commissioner may modify or waive this requirement after December
31, 2025.
new text end
Sec. 10.
new text begin
[500.216] LIMITS ON CERTAIN RESIDENTIAL SOLAR ENERGY
SYSTEMS PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end
new text begin
(b) "Private entity" means a homeowners association, community association, or other
association that is subject to a homeowners association document.
new text end
new text begin
(c) "Homeowners association document" means a document containing the declaration,
articles of incorporation, bylaws, or rules and regulations of:
new text end
new text begin
(1) a common interest community, as defined in section 515B.1-103, regardless of
whether the common interest community is subject to chapter 515B; and
new text end
new text begin
(2) a residential community that is not a common interest community.
new text end
new text begin
(d) "Solar energy system" has the meaning given in section 216C.06, subdivision 17.
new text end
new text begin Subd. 2. new text end
new text begin Applicability. new text end
new text begin
This section applies to:
new text end
new text begin
(1) single-family detached dwellings whose owner is the sole owner of the entire building
in which the dwelling is located and who is solely responsible for the maintenance, repair,
replacement, and insurance of the entire building; and
new text end
new text begin
(2) multifamily attached dwellings whose owner is the sole owner of the entire building
in which the dwelling is located and who is solely responsible for the maintenance, repair,
replacement, and insurance of the entire building.
new text end
new text begin Subd. 3. new text end
new text begin General rule. new text end
new text begin
Except as otherwise provided in this section and notwithstanding
any covenant, restriction, or condition contained in a deed, security instrument, homeowners
association document, or any other instrument affecting the transfer, sale of, or an interest
in real property, a private entity must not prohibit or refuse to permit the owner of a
single-family dwelling to install, maintain, or use a roof-mounted solar energy system.
new text end
new text begin Subd. 4. new text end
new text begin Allowable conditions. new text end
new text begin
(a) A private entity may require that:
new text end
new text begin
(1) a licensed contractor install a solar energy system;
new text end
new text begin
(2) a roof-mounted solar energy system not extend above the peak of a pitched roof or
beyond the edge of the roof;
new text end
new text begin
(3) the owner or installer of a solar energy system indemnify or reimburse the private
entity or the private entity's members for loss or damage caused by the installation,
maintenance, use, repair, or removal of a solar energy system;
new text end
new text begin
(4) the owner and each successive owner of a solar energy system list the private entity
as a certificate holder on the homeowner's insurance policy; or
new text end
new text begin
(5) the owner and each successive owner of a solar energy system be responsible for
removing the system if reasonably necessary to repair, perform maintenance, or replace
common elements or limited common elements, as defined in section 515B.1-103.
new text end
new text begin
(b) A private entity may impose other reasonable restrictions on installing, maintaining,
or using solar energy systems, provided that the restrictions do not: (1) decrease the solar
energy system's projected energy generation by more than ten percent; or (2) increase the
solar energy system's cost by more than (i) 20 percent for a solar water heater, or (ii) $1,000
for a solar photovoltaic system, when compared with the solar energy system's energy
generation and the cost of labor and materials originally proposed without the restrictions,
as certified by the solar energy system's designer or installer. A private entity may obtain
an alternative bid and design from a solar energy system designer or installer for the purposes
of this paragraph.
new text end
new text begin
(c) A solar energy system must meet applicable standards and requirements imposed by
the state and by governmental units, as defined in section 462.384.
new text end
new text begin
(d) A solar energy system for heating water must be certified by the Solar Rating
Certification Corporation or an equivalent certification agency. A solar energy system for
producing electricity must meet: (1) all applicable safety and performance standards
established by the National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories, including but not limited to Underwriters
Laboratories; and (2) where applicable, rules of the Public Utilities Commission regarding
safety and reliability.
new text end
new text begin
(e) If approval by a private entity is required prior to installing or using a solar energy
system, the application for approval (1) must be processed and approved in the same manner
as an application for approval of an architectural modification to the property, and (2) must
not be willfully avoided or delayed. In no event does a private entity have less than 60 days
to approve or disapprove an application for a solar energy system.
new text end
new text begin
(f) An application for approval must be made in writing and must contain certification
that the applicant must meet any conditions required by a private entity under subdivision
4. An application must include a copy of the interconnection application submitted to the
applicable electric utility.
new text end
new text begin
(g) A private entity must approve or deny an application in writing. If an application is
not denied in writing within 60 days of the date the application was received, the application
is deemed approved unless the delay is the result of a reasonable request for additional
information. If a private entity determines that additional information is needed from the
applicant in order to approve or disapprove the application, the private entity must request
the additional information in writing within 60 days from the date of receipt of the
application. If the private entity makes a request for additional information within 15 days
from the date the private entity initially received the application, the private entity shall
have 60 days from the date of receipt of the additional information in which to approve or
disapprove the application. If the private entity makes a written request to the applicant for
additional information more than 15 days after the private entity initially received the
application, the private entity has 15 days after the private entity receives the additional
information requested from the applicant in which to approve or disapprove the application,
but in no event does the private entity have less than 60 days from the date the private entity
initially received the application in which to approve or disapprove the application.
new text end
Sec. 11.
Minnesota Statutes 2022, section 515B.2-103, is amended to read:
515B.2-103 CONSTRUCTION AND VALIDITY OF DECLARATION AND
BYLAWS.
(a) All provisions of the declaration and bylaws are severable.
(b) The rule against perpetuities may not be applied to defeat any provision of the
declaration or this chapter, or any instrument executed pursuant to the declaration or this
chapter.
(c) In the event of a conflict between the provisions of the declaration and the bylaws,
the declaration prevails except to the extent that the declaration is inconsistent with this
chapter.
(d) The declaration and bylaws must comply with deleted text begin sectiondeleted text end new text begin sectionsnew text end 500.215new text begin and 500.216new text end .
Sec. 12.
Minnesota Statutes 2022, section 515B.3-102, is amended to read:
515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.
(a) Except as provided in subsections (b), (c), (d), and (e), and subject to the provisions
of the declaration or bylaws, the association shall have the power to:
(1) adopt, amend and revoke rules and regulations not inconsistent with the articles of
incorporation, bylaws and declaration, as follows: (i) regulating the use of the common
elements; (ii) regulating the use of the units, and conduct of unit occupants, which may
jeopardize the health, safety or welfare of other occupants, which involves noise or other
disturbing activity, or which may damage the common elements or other units; (iii) regulating
or prohibiting animals; (iv) regulating changes in the appearance of the common elements
and conduct which may damage the common interest community; (v) regulating the exterior
appearance of the common interest community, including, for example, balconies and patios,
window treatments, and signs and other displays, regardless of whether inside a unit; (vi)
implementing the articles of incorporation, declaration and bylaws, and exercising the
powers granted by this section; and (vii) otherwise facilitating the operation of the common
interest community;
(2) adopt and amend budgets for revenues, expenditures and reserves, and levy and
collect assessments for common expenses from unit owners;
(3) hire and discharge managing agents and other employees, agents, and independent
contractors;
(4) institute, defend, or intervene in litigation or administrative proceedings (i) in its
own name on behalf of itself or two or more unit owners on matters affecting the common
elements or other matters affecting the common interest community or, (ii) with the consent
of the owners of the affected units on matters affecting only those units;
(5) make contracts and incur liabilities;
(6) regulate the use, maintenance, repair, replacement, and modification of the common
elements and the units;
(7) cause improvements to be made as a part of the common elements, and, in the case
of a cooperative, the units;
(8) acquire, hold, encumber, and convey in its own name any right, title, or interest to
real estate or personal property, but (i) common elements in a condominium or planned
community may be conveyed or subjected to a security interest only pursuant to section
515B.3-112, or (ii) part of a cooperative may be conveyed, or all or part of a cooperative
may be subjected to a security interest, only pursuant to section 515B.3-112;
(9) grant or amend easements for public utilities, public rights-of-way or other public
purposes, and cable television or other communications, through, over or under the common
elements; grant or amend easements, leases, or licenses to unit owners for purposes authorized
by the declaration; and, subject to approval by a vote of unit owners other than declarant
or its affiliates, grant or amend other easements, leases, and licenses through, over or under
the common elements;
(10) impose and receive any payments, fees, or charges for the use, rental, or operation
of the common elements, other than limited common elements, and for services provided
to unit owners;
(11) impose interest and late charges for late payment of assessments and, after notice
and an opportunity to be heard before the board or a committee appointed by it, levy
reasonable fines for violations of the declaration, bylaws, and rules and regulations of the
association;
(12) impose reasonable charges for the review, preparation and recordation of
amendments to the declaration, resale certificates required by section 515B.4-107, statements
of unpaid assessments, or furnishing copies of association records;
(13) provide for the indemnification of its officers and directors, and maintain directors'
and officers' liability insurance;
(14) provide for reasonable procedures governing the conduct of meetings and election
of directors;
(15) exercise any other powers conferred by law, or by the declaration, articles of
incorporation or bylaws; and
(16) exercise any other powers necessary and proper for the governance and operation
of the association.
(b) Notwithstanding subsection (a) the declaration or bylaws may not impose limitations
on the power of the association to deal with the declarant which are more restrictive than
the limitations imposed on the power of the association to deal with other persons.
(c) Notwithstanding subsection (a), powers exercised under this section must comply
with deleted text begin sectiondeleted text end new text begin sectionsnew text end 500.215new text begin and 500.216new text end .
(d) Notwithstanding subsection (a)(4) or any other provision of this chapter, the
association, before instituting litigation or arbitration involving construction defect claims
against a development party, shall:
(1) mail or deliver written notice of the anticipated commencement of the action to each
unit owner at the addresses, if any, established for notices to owners in the declaration and,
if the declaration does not state how notices are to be given to owners, to the owner's last
known address. The notice shall specify the nature of the construction defect claims to be
alleged, the relief sought, and the manner in which the association proposes to fund the cost
of pursuing the construction defect claims; and
(2) obtain the approval of owners of units to which a majority of the total votes in the
association are allocated. Votes allocated to units owned by the declarant, an affiliate of the
declarant, or a mortgagee who obtained ownership of the unit through a foreclosure sale
are excluded. The association may obtain the required approval by a vote at an annual or
special meeting of the members or, if authorized by the statute under which the association
is created and taken in compliance with that statute, by a vote of the members taken by
electronic means or mailed ballots. If the association holds a meeting and voting by electronic
means or mailed ballots is authorized by that statute, the association shall also provide for
voting by those methods. Section 515B.3-110(c) applies to votes taken by electronic means
or mailed ballots, except that the votes must be used in combination with the vote taken at
a meeting and are not in lieu of holding a meeting, if a meeting is held, and are considered
for purposes of determining whether a quorum was present. Proxies may not be used for a
vote taken under this paragraph unless the unit owner executes the proxy after receipt of
the notice required under subsection (d)(1) and the proxy expressly references this notice.
(e) The association may intervene in a litigation or arbitration involving a construction
defect claim or assert a construction defect claim as a counterclaim, crossclaim, or third-party
claim before complying with subsections (d)(1) and (d)(2) but the association's complaint
in an intervention, counterclaim, crossclaim, or third-party claim shall be dismissed without
prejudice unless the association has complied with the requirements of subsection (d) within
90 days of the association's commencement of the complaint in an intervention or the
assertion of the counterclaim, crossclaim, or third-party claim.
Sec. 13. new text begin TRANSFER OF UNENCUMBERED WITHHELD FUNDS.
new text end
new text begin
Any unencumbered funds withheld by the public utility subject to Minnesota Statutes,
section 116C.779, subdivision 1, to provide financial assistance to schools to purchase and
install solar energy systems, as required under Minnesota Statutes 2022, section 216C.376,
subdivision 5, paragraph (a), that are unexpended as of the effective date of this act must
be transferred to the solar for schools program account established under Minnesota Statutes,
section 216C.375, subdivision 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 216C.376,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 16
MISCELLANEOUS
Section 1.
Minnesota Statutes 2022, section 116C.779, subdivision 1, is amended to read:
Subdivision 1.
Renewable development account.
(a) The renewable development
account is established as a separate account in the special revenue fund in the state treasury.
Appropriations and transfers to the account shall be credited to the account. Earnings, such
as interest, dividends, and any other earnings arising from assets of the account, shall be
credited to the account. Funds remaining in the account at the end of a fiscal year are not
canceled to the general fund but remain in the account until expended. The account shall
be administered by the commissioner of management and budget as provided under this
section.
(b) On July 1, 2017, the public utility that owns the Prairie Island nuclear generating
plant must transfer all funds in the renewable development account previously established
under this subdivision and managed by the public utility to the renewable development
account established in paragraph (a). Funds awarded to grantees in previous grant cycles
that have not yet been expended and unencumbered funds required to be paid in calendar
year 2017 under paragraphs (f) and (g), and sections 116C.7792 and 216C.41, are not subject
to transfer under this paragraph.
(c) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, the public utility that owns the Prairie Island nuclear generating
plant must transfer to the renewable development account $500,000 each year for each dry
cask containing spent fuel that is located at the Prairie Island power plant for each year the
plant is in operation, and $7,500,000 each year the plant is not in operation if ordered by
the commission pursuant to paragraph (i). The fund transfer must be made if nuclear waste
is stored in a dry cask at the independent spent-fuel storage facility at Prairie Island for any
part of a year. new text begin Each year, the amount the public utility must transfer to the renewable
development account under this paragraph must be reduced by the amount of any per-cask
payment made by the public utility to the Prairie Island Indian Community under section
216B.1645, subdivision 4.
new text end
(d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, the public utility that owns the Monticello nuclear generating
plant must transfer to the renewable development account $350,000 each year for each dry
cask containing spent fuel that is located at the Monticello nuclear power plant for each
year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered
by the commission pursuant to paragraph (i). The fund transfer must be made if nuclear
waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for
any part of a year.
(e) Each year, the public utility shall withhold from the funds transferred to the renewable
development account under paragraphs (c) and (d) the amount necessary to pay its obligations
under paragraphs (f) and (g), and sections 116C.7792 and 216C.41, for that calendar year.
(f) If the commission approves a new or amended power purchase agreement, the
termination of a power purchase agreement, or the purchase and closure of a facility under
section 216B.2424, subdivision 9, with an entity that uses poultry litter to generate electricity,
the public utility subject to this section shall enter into a contract with the city in which the
poultry litter plant is located to provide grants to the city for the purposes of economic
development on the following schedule: $4,000,000 in fiscal year 2018; $6,500,000 each
fiscal year in 2019 and 2020; and $3,000,000 in fiscal year 2021. The grants shall be paid
by the public utility from funds withheld from the transfer to the renewable development
account, as provided in paragraphs (b) and (e).
(g) If the commission approves a new or amended power purchase agreement, or the
termination of a power purchase agreement under section 216B.2424, subdivision 9, with
an entity owned or controlled, directly or indirectly, by two municipal utilities located north
of Constitutional Route No. 8, that was previously used to meet the biomass mandate in
section 216B.2424, the public utility that owns a nuclear generating plant shall enter into a
grant contract with such entity to provide $6,800,000 per year for five years, commencing
30 days after the commission approves the new or amended power purchase agreement, or
the termination of the power purchase agreement, and on each June 1 thereafter through
2021, to assist the transition required by the new, amended, or terminated power purchase
agreement. The grant shall be paid by the public utility from funds withheld from the transfer
to the renewable development account as provided in paragraphs (b) and (e).
(h) The collective amount paid under the grant contracts awarded under paragraphs (f)
and (g) is limited to the amount deposited into the renewable development account, and its
predecessor, the renewable development account, established under this section, that was
not required to be deposited into the account under Laws 1994, chapter 641, article 1, section
10.
(i) After discontinuation of operation of the Prairie Island nuclear plant or the Monticello
nuclear plant and each year spent nuclear fuel is stored in dry cask at the discontinued
facility, the commission shall require the public utility to pay $7,500,000 for the discontinued
Prairie Island facility and $5,250,000 for the discontinued Monticello facility for any year
in which the commission finds, by the preponderance of the evidence, that the public utility
did not make a good faith effort to remove the spent nuclear fuel stored at the facility to a
permanent or interim storage site out of the state. This determination shall be made at least
every two years.
(j) Funds in the account may be expended only for any of the following purposes:
(1) to stimulate research and development of renewable electric energy technologies;
(2) to encourage grid modernization, including, but not limited to, projects that implement
electricity storage, load control, and smart meter technology; and
(3) to stimulate other innovative energy projects that reduce demand and increase system
efficiency and flexibility.
Expenditures from the fund must benefit Minnesota ratepayers receiving electric service
from the utility that owns a nuclear-powered electric generating plant in this state or the
Prairie Island Indian community or its members.
The utility that owns a nuclear generating plant is eligible to apply for grants under this
subdivision.
(k) For the purposes of paragraph (j), the following terms have the meanings given:
(1) "renewable" has the meaning given in section 216B.2422, subdivision 1, paragraph
(c), clauses (1), (2), (4), and (5); and
(2) "grid modernization" means:
(i) enhancing the reliability of the electrical grid;
(ii) improving the security of the electrical grid against cyberthreats and physical threats;
and
(iii) increasing energy conservation opportunities by facilitating communication between
the utility and its customers through the use of two-way meters, control technologies, energy
storage and microgrids, technologies to enable demand response, and other innovative
technologies.
(l) A renewable development account advisory group that includes, among others,
representatives of the public utility and its ratepayers, and includes at least one representative
of the Prairie Island Indian community appointed by that community's tribal council, shall
develop recommendations on account expenditures. The advisory group must design a
request for proposal and evaluate projects submitted in response to a request for proposals.
The advisory group must utilize an independent third-party expert to evaluate proposals
submitted in response to a request for proposal, including all proposals made by the public
utility. A request for proposal for research and development under paragraph (j), clause (1),
may be limited to or include a request to higher education institutions located in Minnesota
for multiple projects authorized under paragraph (j), clause (1). The request for multiple
projects may include a provision that exempts the projects from the third-party expert review
and instead provides for project evaluation and selection by a merit peer review grant system.
In the process of determining request for proposal scope and subject and in evaluating
responses to request for proposals, the advisory group must strongly consider, where
reasonable, potential benefit to Minnesota citizens and businesses and the utility's ratepayers.
(m) The advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be submitted by
the advisory group to the legislature. The commission may approve proposed expenditures,
may disapprove proposed expenditures that it finds not to be in compliance with this
subdivision or otherwise not in the public interest, and may, if agreed to by the public utility,
modify proposed expenditures. The commission shall, by order, submit its funding
recommendations to the legislature as provided under paragraph (n).
(n) The commission shall present its recommended appropriations from the account to
the senate and house of representatives committees with jurisdiction over energy policy and
finance annually by February 15. Expenditures from the account must be appropriated by
law. In enacting appropriations from the account, the legislature:
(1) may approve or disapprove, but may not modify, the amount of an appropriation for
a project recommended by the commission; and
(2) may not appropriate money for a project the commission has not recommended
funding.
(o) A request for proposal for renewable energy generation projects must, when feasible
and reasonable, give preference to projects that are most cost-effective for a particular energy
source.
(p) The advisory group must annually, by February 15, report to the chairs and ranking
minority members of the legislative committees with jurisdiction over energy policy on
projects funded by the account for the prior year and all previous years. The report must,
to the extent possible and reasonable, itemize the actual and projected financial benefit to
the public utility's ratepayers of each project.
(q) By February 1, 2018, and each February 1 thereafter, the commissioner of
management and budget shall submit a written report regarding the availability of funds in
and obligations of the account to the chairs and ranking minority members of the senate
and house committees with jurisdiction over energy policy and finance, the public utility,
and the advisory group.
(r) A project receiving funds from the account must produce a written final report that
includes sufficient detail for technical readers and a clearly written summary for nontechnical
readers. The report must include an evaluation of the project's financial, environmental, and
other benefits to the state and the public utility's ratepayers.
(s) Final reports, any mid-project status reports, and renewable development account
financial reports must be posted online on a public website designated by the commissioner
of commerce.
(t) All final reports must acknowledge that the project was made possible in whole or
part by the Minnesota renewable development account, noting that the account is financed
by the public utility's ratepayers.
(u) Of the amount in the renewable development account, priority must be given to
making the payments required under section 216C.417.
new text begin
(v) Construction projects receiving funds from this account are subject to the requirement
to pay the prevailing wage rate, as defined in section 177.42 and the requirements and
enforcement provisions in sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to construction contracts entered into on or after that date.
new text end
Sec. 2.
new text begin
[123B.662] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
For purposes of this section and section 123B.663, the terms
in this section have the meanings given unless the language or context clearly indicates that
a different meaning is intended.
new text end
new text begin Subd. 2. new text end
new text begin ANSI. new text end
new text begin
"ANSI" means American National Standards Institute.
new text end
new text begin Subd. 3. new text end
new text begin ASHRAE. new text end
new text begin
"ASHRAE" means American Society of Heating Refrigeration Air
Conditioning Engineers.
new text end
new text begin Subd. 4. new text end
new text begin Certified TAB technician. new text end
new text begin
"Certified TAB technician" means a technician
certified to perform testing, adjusting, and balancing of HVAC systems by the Associated
Air Balance Council, National Environmental Balancing Bureau, or the Testing, Adjusting
and Balancing Bureau.
new text end
new text begin Subd. 5. new text end
new text begin HVAC. new text end
new text begin
"HVAC" means heating, ventilation, and air conditioning.
new text end
new text begin Subd. 6. new text end
new text begin Licensed professional engineer. new text end
new text begin
"Licensed professional engineer" means a
professional engineer licensed under sections 326.02 to 326.15 who holds an active license,
is in good standing, and is not subject to any disciplinary or other actions with the Board
of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and
Interior Design.
new text end
new text begin Subd. 7. new text end
new text begin MERV. new text end
new text begin
"MERV" means minimum efficiency reporting value established by
ASHRAE Standard 52.2-2017 - Method of Testing General Ventilation Air-Cleaning Devices
for Removal Efficiency by Particle Size.
new text end
new text begin Subd. 8. new text end
new text begin Program. new text end
new text begin
"Program" means the air ventilation program.
new text end
new text begin Subd. 9. new text end
new text begin Program administrator. new text end
new text begin
"Program administrator" means the commissioner
of commerce or the commissioner's representative.
new text end
new text begin Subd. 10. new text end
new text begin Qualified adjusting personnel. new text end
new text begin
"Qualified adjusting personnel" means one
of the following:
new text end
new text begin
(1) a certified TAB technician; or
new text end
new text begin
(2) a skilled and trained workforce under the supervision of a certified TAB technician.
new text end
new text begin Subd. 11. new text end
new text begin Qualified testing personnel. new text end
new text begin
"Qualified testing personnel" means one of the
following:
new text end
new text begin
(1) a certified TAB technician; or
new text end
new text begin
(2) a skilled and trained workforce under the supervision of a certified TAB technician.
new text end
new text begin Subd. 12. new text end
new text begin Registered apprenticeship program. new text end
new text begin
"Registered apprenticeship program"
means an apprenticeship program that is registered under chapter 178 or Code of Federal
Regulations, title 29, part 29.
new text end
new text begin Subd. 13. new text end
new text begin Skilled and trained workforce. new text end
new text begin
"Skilled and trained workforce" means a
workforce in which at least 80 percent of the construction workers are either graduates of
a registered apprenticeship program for the applicable occupation or are registered as
apprentices in a registered apprenticeship program for the applicable occupation.
new text end
new text begin Subd. 14. new text end
new text begin TAB. new text end
new text begin
"TAB" means testing, adjusting, and balancing of an HVAC system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
new text begin
[123B.663] AIR VENTILATION PILOT PROGRAM GRANTS AND
GUIDELINES.
new text end
new text begin Subdivision 1. new text end
new text begin Grant program. new text end
new text begin
The Department of Commerce shall establish and
administer the air ventilation program to award grants to school boards to reimburse the
school boards for the following activities:
new text end
new text begin
(1) completion of a heating, ventilation, and air conditioning assessment report;
new text end
new text begin
(2) subsequent testing, adjusting balancing work performed as a result of assessment;
and
new text end
new text begin
(3) ventilation equipment upgrades, replacements, or other measures recommended by
the assessment to improve health, safety, and HVAC system efficiency.
new text end
new text begin Subd. 2. new text end
new text begin Grant awards. new text end
new text begin
(a) The program administrator shall award a grant if the school
board meets the following requirements:
new text end
new text begin
(1) completes a heating, ventilation, and air conditioning assessment report by qualified
testing personnel or qualified adjusting personnel. The report must be verified by a licensed
professional engineer and include costs of adjustments or repairs necessary to meet minimum
ventilation and filtration requirements and determine whether any cost-effective energy
efficiency upgrades or replacements are warranted or recommended;
new text end
new text begin
(2) all work required after conducting the assessment must be performed by a skilled
and trained workforce;
new text end
new text begin
(3) upon completion of the work for which a school board is seeking reimbursement,
the school board must conduct an HVAC verification report that includes the name and
address of the school facility and individual or contractor preparing and certifying the report
and a description of the assessment, maintenance, adjustment, repair, upgrade, and
replacement activities and outcomes; and
new text end
new text begin
(4) verification that the school board has complied with all requirements. Verification
must include documentation that either MERV 13 filters have been installed or verification
that the maximum MERV-rated filter that the system is able to effectively handle has been
installed; documentation of the MERV rating; the verified ventilation rates for occupied
areas of the school and whether those rates meet the requirements set forth in ANSI/ASHRAE
Standard 62.1-2019, with an accompanying explanation for any ventilation rates that do not
meet applicable requirements documenting why the current system is unable to meet
requirements; the verified exhaust for occupied areas and whether those rates meet the
requirements set forth in the system design intent; documentation of system deficiencies;
recommendations for additional maintenance, replacement, or upgrades to improve energy
efficiency, safety, or performance; documentation of initial operating verifications,
adjustments, and final operating verifications; documentation of any adjustments or repairs
performed; verification of installation of carbon dioxide monitors, including the make and
model of monitors; and verification that all work has been performed by qualified personnel,
including the contractor's name, certified TAB technician name and certification number,
and verification that all construction work has been performed by a skilled and trained
workforce.
new text end
new text begin
(b) Grants shall be prioritized to give direct support to schools and school children in
communities with high rates of poverty, as determined by receipt of federal Title I funding.
new text end
new text begin
(c) Grants shall be awarded to reimburse schools for 50 percent of costs incurred for
work performed under paragraph (a), clauses (1) to (3), with a maximum grant award of
$50,000.
new text end
new text begin
(d) The school board shall maintain a copy of the HVAC verification report and make
it available to students, parents, school personnel, and to any member of the public or the
program administrator upon request.
new text end
new text begin Subd. 3. new text end
new text begin Program guidelines and rules. new text end
new text begin
(a) The program administrator shall:
new text end
new text begin
(1) adopt guidelines for the air ventilation program no later than March 1, 2024;
new text end
new text begin
(2) establish the timing of grant funding; and
new text end
new text begin
(3) ensure the air ventilation program is operating and may receive applications for
grants no later than November 1, 2023, and begin to approve applications no later than
January 1, 2024, subject to the availability of funds.
new text end
new text begin
(b) The technical and reporting requirements of the air ventilation program may be
amended by the program administrator as necessary to reflect current COVID-19 guidance
or other applicable guidance, to achieve the intent of the air ventilation program, and to
ensure consistency with other related requirements and codes.
new text end
new text begin
(c) The program administrator may use no more than five percent of the program funds
for administering the program, including providing technical support to program participants.
new text end
new text begin
(d) The program administrator may establish rules for the air ventilation program.
new text end
Sec. 4.
Minnesota Statutes 2022, section 216B.096, subdivision 11, is amended to read:
Subd. 11.
Reporting.
Annually on deleted text begin November 1deleted text end new text begin October 15new text end , a utility must electronically
file with the commission a report, in a format specified by the commission, specifying the
number of utility heating service customers whose service is disconnected or remains
disconnected for nonpayment as ofnew text begin September 15 andnew text end October 1 deleted text begin and October 15deleted text end . If customers
remain disconnected on October deleted text begin 15deleted text end new text begin 1new text end , a utility must file a report each week between
deleted text begin November 1deleted text end new text begin October 15new text end and the end of the cold weather period specifying:
(1) the number of utility heating service customers that are or remain disconnected from
service for nonpayment; and
(2) the number of utility heating service customers that are reconnected to service each
week. The utility may discontinue weekly reporting if the number of utility heating service
customers that are or remain disconnected reaches zero before the end of the cold weather
period.
The data reported under this subdivision are presumed to be accurate upon submission
and must be made available through the commission's electronic filing system.
Sec. 5.
Minnesota Statutes 2022, section 216B.1645, subdivision 4, is amended to read:
Subd. 4.
Settlement with deleted text begin Mdewakanton Dakota Tribal Council atdeleted text end Prairie Islandnew text begin
Indian Communitynew text end .
new text begin (a) new text end The commission shall approvenew text begin as a state energy policy ridernew text end a rate
schedule providing for the automatic adjustment of charges to recover the costs or expenses
of a settlement between the public utility that owns the Prairie Island nuclear generation
facility and the deleted text begin Mdewakanton Dakota Tribal Council atdeleted text end Prairie Islandnew text begin Indian Communitynew text end ,
resolving outstanding disputes regarding the deleted text begin provisions of Laws 1994, chapter 641, article
1, section 4deleted text end new text begin extended operation of the Prairie Island nuclear generating facilitynew text end .new text begin The rate
schedule approved under this subdivision applies until the public utility's first base rate
change under section 216B.16 that occurs after January 1, 2024. After the public utility's
first base rate change that occurs after January 1, 2024, any costs and expenses under this
subdivision must be recovered through the public utility's base rates.
new text end
new text begin (b)new text end The settlement must provide for annual paymentsdeleted text begin , not to exceed $2,500,000 annually,deleted text end new text begin
beginning January 1, 2024,new text end by the public utility to the Prairie Island Indian Communitydeleted text begin ,deleted text end new text begin .
The annual payments must consist of: (1) a $10,000,000 lump sum payment each year the
Prairie Island nuclear generating facility is in operation; and (2) $50,000 for each dry cask
or container containing spent fuel that is located at the Prairie Island nuclear generating
facility, each year for as long as the dry casks or containers containing spent nuclear fuel
are stored at the Prairie Island Independent Spent Fuel Storage Installation.
new text end
new text begin (c) The payments madenew text end to new text begin the Prairie Island Indian Community under this subdivision
maynew text end be used fordeleted text begin , among other purposesdeleted text end new text begin any purpose that benefits the Prairie Island Indian
Communitynew text end ,new text begin including but not limited tonew text end acquiring up to 1,500 contiguous or noncontiguous
acres of land in Minnesota within 50 miles of the tribal community's reservation at Prairie
Island to be taken into trust by the federal government for the benefit of the tribal community
for housing and other residential purposes. The legislature acknowledges that the intent to
purchase land by the tribe for relocation purposes is part of the settlement agreement and
Laws 2003, First Special Session chapter 11. However, the state, through the governor,
reserves the right to support or oppose any particular application to place land in trust status.
Sec. 6.
Minnesota Statutes 2022, section 216B.2425, subdivision 3, is amended to read:
Subd. 3.
Commission approval.
new text begin (a) new text end By June 1 of each even-numbered year, the
commission shall adopt a state transmission project list and shall certify, certify as modified,
or deny certification of the transmission and distribution projects proposed under subdivision
2.new text begin Except as provided in paragraph (b),new text end the commission may only certify a project that is a
high-voltage transmission line as defined in section 216B.2421, subdivision 2, that the
commission finds is:
(1) necessary to maintain or enhance the reliability of electric service to Minnesota
consumers;
(2) needed, applying the criteria in section 216B.243, subdivision 3; and
(3) in the public interest, taking into account electric energy system needs and economic,
environmental, and social interests affected by the project.
new text begin
(b) The commission may certify a project proposed under subdivision 2, paragraph (e),
only if the commission finds the proposed project is in the public interest.
new text end
Sec. 7.
Minnesota Statutes 2022, section 216B.243, subdivision 8, as amended by Laws
2023, chapter 7, section 23, is amended to read:
Subd. 8.
Exemptions.
(a) This section does not apply to:
(1) cogeneration or small power production facilities as defined in the Federal Power
Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and
paragraph (18), subparagraph (A), and having a combined capacity at a single site of less
than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or
any case where the commission has determined after being advised by the attorney general
that its application has been preempted by federal law;
(2) a high-voltage transmission line proposed primarily to distribute electricity to serve
the demand of a single customer at a single location, unless the applicant opts to request
that the commission determine need under this section or section 216B.2425;
(3) the upgrade to a higher voltage of an existing transmission line that serves the demand
of a single customer that primarily uses existing rights-of-way, unless the applicant opts to
request that the commission determine need under this section or section 216B.2425;
(4) a high-voltage transmission line of one mile or less required to connect a new or
upgraded substation to an existing, new, or upgraded high-voltage transmission line;
(5) conversion of the fuel source of an existing electric generating plant to using natural
gas;
(6) the modification of an existing electric generating plant to increase efficiency, as
long as the capacity of the plant is not increased more than ten percent or more than 100
megawatts, whichever is greater;
(7) a large wind energy conversion system, as defined in section 216F.01, subdivision
2, or a solar energy generating system, as defined in section 216E.01, subdivision 9a, deleted text begin if the
system is owned and operated by an independent power producer and the electric output of
the system:deleted text end new text begin for which a site permit is submitted by an independent power producer under
chapter 216E or 216F; or
new text end
deleted text begin
(i) is not sold to an entity that provides retail service in Minnesota or wholesale electric
service to another entity in Minnesota other than an entity that is a federally recognized
regional transmission organization or independent system operator; or
deleted text end
deleted text begin
(ii) is sold to an entity that provides retail service in Minnesota or wholesale electric
service to another entity in Minnesota other than an entity that is a federally recognized
regional transmission organization or independent system operator, provided that the system
represents solar or wind capacity that the entity purchasing the system's electric output was
ordered by the commission to develop in the entity's most recent integrated resource plan
approved under section 216B.2422; or
deleted text end
(8) a large wind energy conversion system, as defined in section 216F.01, subdivision
2, or a solar energy generating system that is a large energy facility, as defined in section
216B.2421, subdivision 2, engaging in a repowering project that:
(i) will not result in the system exceeding the nameplate capacity under its most recent
interconnection agreement; or
(ii) will result in the system exceeding the nameplate capacity under its most recent
interconnection agreement, provided that the Midcontinent Independent System Operator
has provided a signed generator interconnection agreement that reflects the expected net
power increase.
(b) For the purpose of this subdivision, "repowering project" means:
(1) modifying a large wind energy conversion system or a solar energy generating system
that is a large energy facility to increase its efficiency without increasing its nameplate
capacity;
(2) replacing turbines in a large wind energy conversion system without increasing the
nameplate capacity of the system; or
(3) increasing the nameplate capacity of a large wind energy conversion system.
Sec. 8.
Minnesota Statutes 2022, section 216B.50, subdivision 1, is amended to read:
Subdivision 1.
Commission approval required.
No public utility shall sell, acquire,
lease, or rent any plant as an operating unit or system in this state for a total consideration
in excess of deleted text begin $100,000deleted text end new text begin $1,000,000new text end , or merge or consolidate with another public utility or
transmission company operating in this state, without first being authorized so to do by the
commission. Upon the filing of an application for the approval and consent of the
commission, the commission shall investigate, with or without public hearing. The
commission shall hold a public hearing, upon such notice as the commission may require.
If the commission finds that the proposed action is consistent with the public interest, it
shall give its consent and approval by order in writing. In reaching its determination, the
commission shall take into consideration the reasonable value of the property, plant, or
securities to be acquired or disposed of, or merged and consolidated.
This section does not apply to the purchase of property to replace or add to the plant of
the public utility by construction.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2022, section 216B.62, subdivision 3b, is amended to read:
Subd. 3b.
Assessment for department regional and national duties.
deleted text begin (a)deleted text end In addition
to other assessments in subdivision 3, the department may assess up to deleted text begin $500,000deleted text end new text begin $1,000,000new text end
per fiscal year to perform the duties under section 216A.07, subdivision 3a, and to conduct
analysis that assesses energy grid reliability at state, regional, and national levels. The
amount in this subdivision shall be assessed to energy utilities in proportion to their respective
gross operating revenues from retail sales of gas or electric service within the state during
the last calendar year and shall be deposited into an account in the special revenue fund and
is appropriated to the commissioner of commerce for the purposes of section 216A.07,
subdivision 3a. An assessment made under this subdivision is not subject to the cap on
assessments provided in subdivision 3 or any other law. For the purpose of this subdivision,
an "energy utility" means public utilities, generation and transmission cooperative electric
associations, and municipal power agencies providing natural gas or electric service in the
state.
deleted text begin
(b) By February 1, 2023, the commissioner of commerce must submit a written report
to the chairs and ranking minority members of the legislative committees with primary
jurisdiction over energy policy. The report must describe how the department has used
utility grid assessment funding under paragraph (a) and must explain the impact the grid
assessment funding has had on grid reliability in Minnesota.
deleted text end
deleted text begin
(c) This subdivision expires June 30, 2023.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
new text begin
[216C.390] LEGISLATIVE FINDINGS.
new text end
new text begin
The legislature finds that increasing the competitiveness of Minnesota is critically
important to ensuring the state's economy is strong and growing. Increasing competitiveness
can be accomplished by improving productivity, competition, and investments.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
new text begin
[216C.391] MINNESOTA STATE COMPETITIVENESS FUND.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Competitive funds" means federal funds awarded to selected applicants based on
the grantor's evaluation of the strength of an application measured against all other
applications.
new text end
new text begin
(c) "Disadvantaged community" has the meaning given by the federal agency disbursing
federal funds.
new text end
new text begin
(d) "Eligible entity" means an entity located in Minnesota that is eligible to receive
federal funds, or an entity that has at least one Minnesota-based partner, as determined by
the grantor of the federal funds.
new text end
new text begin
(e) "Federal funds" means federal formula or competitive funds available for award to
applicants for energy projects under the Infrastructure Investment and Jobs Act, Public Law
117-58, or the Inflation Reduction Act of 2022, Public Law 117-169.
new text end
new text begin
(f) "Formula funds" means federal funds awarded to all eligible applicants on a
noncompetitive basis.
new text end
new text begin
(g) "Match" means the amount of state money a successful grantee in Minnesota is
required to contribute to a project as a condition of receiving federal funds.
new text end
new text begin
(h) "Political subdivision" has the meaning given in section 331A.01, subdivision 3.
new text end
new text begin
(i) "Project" means the activities undertaken by an eligible entity awarded federal funds
that are located in Minnesota or directly benefit Minnesotans.
new text end
new text begin
(j) "Tribal government" has the meaning given in section 116J.64, subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Establishment of account; eligible expenditures. new text end
new text begin
(a) A state competitiveness
fund account is created in the special revenue fund of the state treasury. The commissioner
must credit to the account appropriations and transfers to the account. Earnings, including
interest, dividends, and any other earnings arising from assets of the account, must be
credited to the account. Money remaining in the account at the end of a fiscal year does not
cancel to the general fund but remains available until June 30, 2034. The commissioner is
the fiscal agent and must manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the commissioner and must be used to:
new text end
new text begin
(1) pay all or any portion of the state match required as a condition of receiving federal
funds, or to otherwise reduce the cost for projects that are awarded federal funds;
new text end
new text begin
(2) award grants under subdivision 4 to obtain grant development assistance for eligible
entities; and
new text end
new text begin
(3) pay the reasonable costs incurred by the department to assist eligible entities
successfully compete for available federal funds.
new text end
new text begin Subd. 3. new text end
new text begin Grant awards; eligible entities; priorities. new text end
new text begin
(a) Grants may be awarded under
this section to eligible entities in accordance with the following order of priorities:
new text end
new text begin
(1) federal formula funds directed to the state that require a match;
new text end
new text begin
(2) federal funds directed to a political subdivision or a Tribal government that require
a match;
new text end
new text begin
(3) federal funds directed to an institution of higher education, a consumer-owned utility,
a business, or a nonprofit organization that require a match;
new text end
new text begin
(4) federal funds directed to investor-owned utilities that require a match;
new text end
new text begin
(5) federal funds directed to an eligible entity not included in clauses (1) to (4) that
require a match; and
new text end
new text begin
(6) all other grant opportunities directed to eligible entities that do not require a match
but for which the commissioner determines that a grant made under this section is likely to
enhance the likelihood of an applicant receiving federal funds, or to increase the potential
amount of federal funds received.
new text end
new text begin
(b) By November 15, 2023, the commissioner must develop and publicly post, and report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over energy finance, the federal energy grant funds that are eligible for state matching funds
under this section.
new text end
new text begin Subd. 4. new text end
new text begin Grant awards; grant development assistance. new text end
new text begin
Grants may be awarded under
this section to entities with expertise and experience in grant development to assist eligible
entities to prepare grant applications for federal funds. Eligible grantees under this subdivision
include regional development commissions established in section 462.387, the West Central
Initiative Foundation, Minnesota Municipal Utilities Association, Minnesota Rural Electric
Association, consumer-owned utilities, Tribal governments, and any entity the commissioner
determines enhances the competitiveness of grant applications by disadvantaged communities
and from eligible entities located in areas not served by a regional development commission.
new text end
new text begin Subd. 5. new text end
new text begin Grant amounts. new text end
new text begin
(a) For grants that meet the criteria in subdivision 3, paragraph
(a), clauses (1) to (3), the maximum grant award for each entity is 100 percent of the required
match.
new text end
new text begin
(b) For grants that meet the criteria in subdivision 3, paragraph (a), clauses (4) and (5),
the maximum grant award is 50 percent of the required match, except that if the commissioner
determines that at least 40 percent of the direct benefits resulting from a project awarded
federal funds would be realized by residents of a disadvantaged community, the commissioner
may award up to 100 percent of the required match.
new text end
new text begin
(c) For projects that meet the criteria in subdivision 3, paragraph (a), clause (6), the
commissioner may award a grant up to ten percent of the amount of federal funds requested
by the applicant, except that if the commissioner determines that at least 40 percent of the
direct benefits resulting from a project awarded federal funds would be realized by residents
of a disadvantaged community, the commissioner may award up to 20 percent of the amount
of federal funds requested.
new text end
new text begin
(d) Except for the commissioner, when matching federal funds are directed to the state,
no single entity may receive as an award or subaward grants under this subdivision totaling
more than $15,000,000.
new text end
new text begin
(e) The maximum grant award for each entity under subdivision 4 is $300,000.
new text end
new text begin Subd. 6. new text end
new text begin Grant awards; administration. new text end
new text begin
(a) An eligible entity seeking a grant award
under subdivision 3 or an entity seeking a grant award under subdivision 4 must submit an
application to the commissioner on a form prescribed by the commissioner. The
commissioner is responsible for receiving and reviewing grant applications and awarding
grants under this section, and shall develop administrative procedures governing the
application, evaluation, and award process. The commissioner may not make a grant award
under this section unless the commissioner has determined, and has notified the applicant
in writing, that the application is complete. In awarding grants under this section, the
commissioner shall endeavor to make awards to applicants from all regions of the state.
new text end
new text begin
(b) The department must provide technical assistance to applicants. Applicants may also
receive grant development assistance at no cost from entities awarded grants for that purpose
under subdivision 4.
new text end
new text begin
(c) Within ten business days of determining a grant award amount to an applicant, the
commissioner must:
new text end
new text begin
(1) reserve that amount for that specific grant in the state competitiveness fund account;
and
new text end
new text begin
(2) notify the Legislative Advisory Commission in writing of the reserved amount, the
name of the applicant, the purpose of the project, and the unreserved balance of funds
remaining in the account.
new text end
new text begin
(d) Reserved funds are committed to the grant and use specified in the notice provided
under paragraph (c) and are unavailable for reservation or appropriation for other applications
unless and until the commissioner receives written notice from (1) the applicant that the
application for federal funds has been withdrawn, or (2) the federal grantor that the
application for which funds from the account were reserved has been denied federal funds.
new text end
new text begin
(e) Reserved funds may only be expended upon presentation of written notice from the
federal grantor to the commissioner stating that the applicant will receive federal funds for
the project described in the application. If the amount of federal funds awarded to an applicant
differs from the amount requested in the application, the commissioner may adjust the award
made under this section accordingly.
new text end
new text begin
(f) Reserved funds must be made for projects that demonstrate the project helps meet
the state's clean energy and energy-related climate goals through renewable energy
development, energy conservation, efficiency, or energy-related greenhouse gas reduction
benefits.
new text end
new text begin
(g) The commissioner must notify the chairs and ranking minority members of the
legislative committees with jurisdiction over energy finance when the unreserved balance
of the competitiveness fund account reaches the following amounts: 50 percent, unreserved;
25 percent, unreserved; 15 percent, unreserved; and five percent. The notification must be
within ten days after each level of unreserved balance is reached.
new text end
new text begin Subd. 7. new text end
new text begin Report; audit. new text end
new text begin
Beginning February 15, 2024, and each February 15 thereafter
until February 15, 2035, the commissioner must submit a written report to the chairs and
ranking minority members of the legislative committees with jurisdiction over energy finance
on the activities taken and expenditures made under this section. The report must, at a
minimum, include the following information for the most recent calendar year:
new text end
new text begin
(1) the number of applications for grants filed with the commissioner and the total amount
of grant funds requested;
new text end
new text begin
(2) each grant awarded;
new text end
new text begin
(3) the number of additional personnel hired for the purposes of this section;
new text end
new text begin
(4) expenditures on activities conducted under this section, reported separately for these
areas:
new text end
new text begin
(i) the technical assistance provided;
new text end
new text begin
(ii) grants made under subdivision 4 to entities to assist applicants with grant
development;
new text end
new text begin
(iii) application review and evaluation, including applicants that were denied federal or
state grant awards and the reason for the denial;
new text end
new text begin
(iv) information technology activities; and
new text end
new text begin
(v) other expenditures;
new text end
new text begin
(5) the unreserved balance remaining in the state competitiveness fund account;
new text end
new text begin
(6) a copy of a financial audit of the department's expenditures under this section
conducted by an independent auditor;
new text end
new text begin
(7) recommendations for legislation to enhance the ability of eligible entities to
successfully compete for federal funds;
new text end
new text begin
(8) additional available funding opportunities to obtain energy-related funding from
federal agencies; and
new text end
new text begin
(9) federal grant program changes that would affect the federal funds available to the
state and eligible applicants, including changes that would affect the required match for
receiving federal funds.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
new text begin
[216C.51] UTILITY DIVERSITY REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Public policy. new text end
new text begin
It is the public policy of this state to encourage each utility
that serves Minnesota residents to focus on and improve the diversity of the utility's
workforce and suppliers.
new text end
new text begin Subd. 2. new text end
new text begin Definition. new text end
new text begin
As used in this section, "utility" means:
new text end
new text begin
(1) a public utility;
new text end
new text begin
(2) a generation and transmission electric cooperative association;
new text end
new text begin
(3) a municipal power agency;
new text end
new text begin
(4) a municipal utility that provides electric service to 10,000 customers or more; or
new text end
new text begin
(5) a cooperative electric association that provides electric service to 10,000 members
or more.
new text end
new text begin Subd. 3. new text end
new text begin Annual report. new text end
new text begin
(a) Beginning March 15, 2024, and each March 15 thereafter,
each utility authorized to do business in Minnesota must file an annual diversity report to
the commissioner in the public eDockets system that describes:
new text end
new text begin
(1) the utility's goals and efforts to increase diversity in the workplace, including current
workforce representation numbers and percentages; and
new text end
new text begin
(2) all procurement goals and actual spending for female-owned, minority-owned,
veteran-owned, and small business enterprises during the previous calendar year.
new text end
new text begin
(b) The goals under paragraph (a), clause (2), must be expressed as a percentage of the
total work performed by the utility submitting the report. The actual spending for
female-owned, minority-owned, veteran-owned, and small business enterprises must also
be expressed as a percentage of the total work performed by the utility submitting the report.
new text end
new text begin Subd. 4. new text end
new text begin Report elements. new text end
new text begin
Each utility required to report under this section must include
the following in the annual report to the department:
new text end
new text begin
(1) an explanation of the plan to increase diversity in the utility's workforce and suppliers
during the next year;
new text end
new text begin
(2) an explanation of the plan to increase the goals;
new text end
new text begin
(3) an explanation of the challenges faced to increase workforce and supplier diversity,
including suggestions regarding actions the department could take to help identify potential
employees and vendors;
new text end
new text begin
(4) a list of the certifications the company recognizes that must include the Minnesota
Unified Certification Program; the Central Certification Program recognized by Hennepin
County, Ramsey County, the city of St. Paul, and the city of Minneapolis Target Market
program; and the Minnesota Office of State Procurement program for Targeted Group,
Economically Disadvantaged and Veteran-Owned small businesses;
new text end
new text begin
(5) a point of contact for a potential employee or vendor that wishes to work for or do
business with the utility; and
new text end
new text begin
(6) a list of successful actions taken to increase workforce and supplier diversity, in
order to encourage other companies to emulate best practices.
new text end
new text begin Subd. 5. new text end
new text begin State data. new text end
new text begin
Each annual report must include as much state-specific data as
possible. If the submitting utility does not submit state-specific data, the utility must include
any relevant national data the utility possesses, explain why the utility could not submit
state-specific data, and detail how the utility intends to include state-specific data in future
reports, if possible.
new text end
new text begin Subd. 6. new text end
new text begin Publication; retention. new text end
new text begin
The department must publish an annual report on the
department's website and file the report in the public eDockets system, and must maintain
each annual report for at least five years.
new text end
new text begin Subd. 7. new text end
new text begin Annual workshop. new text end
new text begin
Beginning in 2024, and continuing annually thereafter, the
Minnesota Public Utilities Commission must organize a workshop for utilities that is open
to members of the public and that focuses on utility efforts to (1) advance supplier diversity,
and (2) collaboratively explore solutions to advance supplier diversity.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Minnesota Statutes 2022, section 237.55, is amended to read:
237.55 ANNUAL REPORT ON TELECOMMUNICATIONS ACCESS.
The commissioner of commerce must prepare a report for presentation to the Public
Utilities Commission by deleted text begin Januarydeleted text end new text begin Marchnew text end 31 deleted text begin ofdeleted text end each year. Each report must review the
accessibility of telecommunications services to persons who have communication disabilities,
describe services provided, account for annual revenues and expenditures deleted text begin for each aspect
of the fund to datedeleted text end , and include deleted text begin predicted programdeleted text end new text begin anticipatednew text end future deleted text begin operationdeleted text end new text begin program
operationsnew text end .
Sec. 14.
Laws 2005, chapter 97, article 10, section 3, as amended by Laws 2013, chapter
85, article 7, section 9, is amended to read:
Sec. 3. SUNSET.
Sections 1 and 2 deleted text begin shalldeleted text end expire deleted text begin ondeleted text end June 30, deleted text begin 2023deleted text end new text begin 2028new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15. new text begin DECOMMISSIONING AND DEMOLITION PLAN FOR COAL-FIRED
PLANT.
new text end
new text begin
The public utility that owns an electric generation facility powered by coal that is located
within the St. Croix National Scenic Riverway and is scheduled for retirement in 2028 must
develop a plan and detailed schedule of activities that it proposes to undertake to
decommission and demolish the electric generation facility and to remediate pollution at
the electric generation facility site. The public utility must file the plan with the Minnesota
Public Utilities Commission as part of the public utility's next resource plan filing under
Minnesota Statutes, section 216B.2422, or in a separate filing by December 31, 2025,
whichever is earlier. A copy of the plan and schedule must be filed on the same date with
the governing body of the municipality where the electric generation facility is located.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16. new text begin TRIBAL ADVOCACY COUNCIL ON ENERGY; DEPARTMENT OF
COMMERCE SUPPORT.
new text end
new text begin
(a) The Department of Commerce must provide technical support and subject matter
expertise to assist and help facilitate any efforts taken by the 11 federally recognized Indian
Tribes in Minnesota to establish a Tribal advocacy council on energy.
new text end
new text begin
(b) When providing support to a Tribal advocacy council on energy, the Department of
Commerce may assist the council to:
new text end
new text begin
(1) assess and evaluate common Tribal energy issues, including (i) identifying and
prioritizing energy issues, (ii) facilitating idea sharing between the Tribes to generate
solutions to energy issues, and (iii) assisting decision making with respect to resolving
energy issues;
new text end
new text begin
(2) develop new statewide energy policies or proposed legislation, including (i) organizing
stakeholder meetings, (ii) gathering input and other relevant information, (iii) assisting with
policy proposal development, evaluation, and decision making, and (iv) helping facilitate
actions taken to submit, and obtain approval for or have enacted, policies or legislation
approved by the council;
new text end
new text begin
(3) make efforts to raise awareness and provide educational opportunities with respect
to Tribal energy issues by (i) identifying information resources, (ii) gathering feedback on
issues and topics the council identifies as areas of interest, and (iii) identifying topics for
educational forums and helping facilitate the forum process; and
new text end
new text begin
(4) identify, evaluate, and disseminate successful energy-related practices, and develop
mechanisms or opportunities to implement the successful practices.
new text end
new text begin
(c) Nothing in this section requires or otherwise obligates the 11 federally recognized
Indian Tribes in Minnesota to establish a Tribal advocacy council on energy, nor does it
require or obligate any one of the 11 federally recognized Indian Tribes in Minnesota to
participate in or implement a decision or support an effort made by an established Tribal
advocacy council on energy.
new text end
new text begin
(d) Any support provided by the Department of Commerce to a Tribal advocacy council
on energy under this section may be provided only upon request of the council and is limited
to issues and areas where the Department of Commerce's expertise and assistance is
requested.
new text end
APPENDIX
Repealed Minnesota Statutes: H2310-2
16B.24 GENERAL AUTHORITY.
Subd. 13.
Electric vehicle charging.
The commissioner shall require that a user of a charging station located on the State Capitol complex used to charge a private electric vehicle pay an electric service fee. The commissioner shall set the electric service fee rate to cover the electricity costs for charging an electric vehicle and for the administrative costs associated with providing electric charging stations.
84.033 SCIENTIFIC AND NATURAL AREAS.
Subd. 3.
County approval.
The commissioner must follow the procedures under section 97A.145, subdivision 2, when acquiring land for designation as a scientific and natural area under this section.
84.944 ACQUIRING CRITICAL NATURAL HABITAT.
Subd. 3.
County approval.
The commissioner must follow the procedures under section 97A.145, subdivision 2, for critical natural habitat acquired under this section.
86B.101 WATERCRAFT SAFETY PROGRAM.
Subdivision 1.
Safety program.
The commissioner shall continue and expand the comprehensive boat safety and education program. The commissioner shall cooperate with boaters, governmental subdivisions, state agencies, other states, and the federal government in the operation of the program.
Subd. 2.
Youth watercraft safety course.
(a) The commissioner shall establish an educational course and a testing program for personal watercraft and watercraft operators and for persons age 12 or older but younger than age 18 required to take the watercraft safety course. The commissioner shall prescribe a written test as part of the course. A personal watercraft educational course and testing program that emphasizes safe and legal operation must be required for persons age 13 or older but younger than age 18 operating personal watercraft.
(b) The commissioner shall issue a watercraft operator's permit to a person age 12 or older but younger than age 18 who successfully completes the educational program and the written test.
Subd. 3.
Operator's permit.
The commissioner shall issue a watercraft operator's permit to a person who successfully qualifies for a watercraft operator's permit under the boat safety education program.
Subd. 4.
Boat safety education program; reciprocity with other states.
The commissioner may enter into reciprocity agreements or otherwise certify boat safety education programs from other states that are substantially similar to in-state programs. The commissioner shall issue a watercraft operator's permit to a person who provides proof of completion of a program subject to a reciprocity agreement or certified as substantially similar.
86B.305 YOUTH OPERATORS.
Subdivision 1.
Under age 12.
(a) Except in case of an emergency, a person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more than 25 horsepower unless there is present in the watercraft, in addition to the operator, at least one person age 21 or older who is within immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control of the motorboat.
(b) A person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more than 75 horsepower.
Subd. 2.
Age 12 to 17; permit required.
Except as provided in this subdivision, a person age 12 or older and younger than age 18 may not operate a motorboat powered by a motor over 25 horsepower without possessing a valid watercraft operator's permit from this state or from the operator's state of residence unless there is a person age 21 or older in the motorboat who is within immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control of the motorboat.
Subd. 3.
Owners may not allow certain uses.
An owner of a watercraft may not allow a watercraft to be operated contrary to the provisions of subdivision 2.
86B.313 PERSONAL WATERCRAFT; REGULATIONS.
Subd. 2.
Age of operator.
Except in the case of an emergency, a person under the age of 13 years may not operate or be permitted to operate a personal watercraft, regardless of horsepower. It is unlawful for the owner of a personal watercraft to permit the personal watercraft to be operated contrary to this subdivision.
Subd. 3.
Operator's permit; adult supervision.
Except in the case of an emergency, a person 13 years of age or over but less than 18 years of age may not operate a personal watercraft, regardless of horsepower, without possessing a valid watercraft operator's permit as required by section 86B.305, unless there is a person 21 years of age or older on board the craft. In addition to the permit requirement, a person 13 years of age operating a personal watercraft must remain under visual supervision by a person who is 21 years of age or older. An owner of a personal watercraft may not permit the personal watercraft to be operated contrary to this subdivision.
97A.145 WETLANDS FOR WILDLIFE.
Subd. 2.
Acquisition procedure.
(a) Lands purchased or leased under this section must be acquired in accordance with this subdivision.
(b) The commissioner must notify the county board and the town officers where the land is located and furnish them a description of the land to be acquired. The county board must approve or disapprove the proposed acquisition within 90 days after being notified. The commissioner may extend the time up to 30 days. The soil and water conservation district supervisors shall counsel the county board on drainage and flood control and the best utilization and capability of the land.
(c) If the county board approves the acquisition within the prescribed time, the commissioner may acquire the land.
(d) If the county board disapproves the acquisition, it must state valid reasons. The commissioner may not purchase or lease the land if the county board disapproves the acquisition and states its reasons within the prescribed time period. The landowner or the commissioner may appeal the disapproval to the district court having jurisdiction where the land is located.
(e) The commissioner or the owner of the land may submit the proposed acquisition to the Land Exchange Board if:
(1) the county board does not give reason for disapproval, or does not approve or disapprove the acquisition within the prescribed time period; or
(2) the court finds that the disapproval is arbitrary and capricious, or that the reasons stated for disapproval are invalid.
(f) The Land Exchange Board must conduct a hearing and make a decision on the acquisition within 60 days after receiving the proposal. The Land Exchange Board must give notice of the hearing to the county board, the commissioner, the landowner, and other interested parties. The Land Exchange Board must consider the interests of the county, the state, and the landowner in determining whether the acquisition is in the public interest. If a majority of the Land Exchange Board members approves the acquisition, the commissioner may acquire the land. If a majority disapproves, the commissioner may not purchase or lease the land.
97C.605 TURTLES.
Subd. 2.
Turtle seller's license.
(a) A person may not take, possess, buy, or transport turtles for sale; sell turtles; or take turtles for sale using commercial equipment without a turtle seller's license, except as provided in subdivision 2c.
(b) Except for renewals, no new turtle seller's licenses may be issued after August 1, 2002.
(c) A turtle seller's license is transferable by the turtle seller licensee by making application to the commissioner. A turtle seller's license may be transferred only once under this paragraph and the transfer must be to a child of the person holding the turtle seller's license.
Subd. 2a.
Recreational turtle license.
A person who does not possess a turtle seller's license must obtain a recreational turtle license to take turtles for personal use with commercial equipment.
Subd. 2b.
Turtle seller's apprentice license.
(a) A person with a turtle seller's license may list one person as an apprentice on the license. A person acting as an apprentice for a turtle seller licensee must have an apprentice license and may assist the turtle licensee in all licensed activities.
(b) The turtle seller licensee or turtle seller's apprentice licensee must be present at all turtle operations conducted under the turtle seller's license. Turtle operations include going to and from turtle harvest locations; setting, lifting, and removing commercial turtle equipment; taking turtles out of equipment; and transporting turtles from harvest locations.
(c) A turtle seller's apprentice license is transferable by the turtle seller licensee by making application to the commissioner. A person listed as an apprentice by a turtle seller licensee must not be listed as an apprentice by another turtle seller licensee nor may an apprentice possess a turtle seller's license or a recreational turtle license.
Subd. 5.
Interfering with commercial or recreational turtle operations.
A person may not:
(1) knowingly place or maintain an obstruction that will hinder, prevent, or interfere with a licensed turtle operation;
(2) remove turtles, other wild animals, or fish from a floating or submerged trap licensed under the game and fish laws; or
(3) knowingly damage, disturb, or interfere with a licensed turtle operation.
103C.501 COST-SHARING CONSERVATION CONTRACTS FOR EROSION CONTROL AND WATER MANAGEMENT.
Subd. 2.
Request by district board.
A district board requesting funds of the state board must submit an application in a form prescribed by the board containing:
(1) a comprehensive plan;
(2) an annual work plan; and
(3) an application for cost-sharing funds.
Subd. 3.
Approving application.
If the state board approves the comprehensive plan, including the plan's most recent amendment, the annual work plan, and the application of the district, the state board shall determine the specific amount of funds to allocate to the district for cost-sharing contracts.
115.44 CLASSIFICATION OF WATERS; STANDARDS OF QUALITY AND PURITY.
Subd. 9.
Annual report.
(a) By January 15 each year, the commissioner shall post on the Pollution Control Agency's website a report on the agency's activities the previous calendar year to implement standards and classification requirements into national pollutant discharge elimination system and state disposal system permits held by municipalities. The report must include:
(1) a summary of permits issued or reissued over the previous calendar year, including any changes to permitted effluent limits due to water quality standards adopted or revised during the previous permit term;
(2) highlights of innovative approaches employed by the agency and municipalities to develop and achieve permit requirements in a cost-effective manner;
(3) a summary of standards development and water quality rulemaking activities over the previous calendar year, including economic analyses;
(4) a summary of standards development and water quality rulemaking activities anticipated for the next three years, including economic analyses;
(5) a process and timeframe for municipalities to provide input to the agency regarding their needs based on the information provided in the report; and
(6) a list of anticipated permitting initiatives in the next calendar year that may impact municipalities and the agency's plan for involving the municipalities throughout the planning and decision-making process. The plan must include opportunities for input and public comment from municipalities on rulemaking initiatives prior to preparation of a statement of need and reasonableness required under section 14.131. The commissioner must ensure the agency's plan under this clause is implemented.
(b) For the purposes of this section, "economic analyses" must include assessments of the potential costs to regulated municipalities associated with water quality standards or rules proposed by the agency.
116.011 POLLUTION REPORT.
A goal of the Pollution Control Agency is to reduce the amount of pollution that is emitted in the state. By April 1 of each even-numbered year, the Pollution Control Agency shall report the best estimate of the agency of the total volume of water and air pollution that was emitted in the state in the previous two calendar years for which data are available. The agency shall report its findings for both water and air pollution:
(1) in gross amounts, including the percentage increase or decrease over the previously reported two calendar years; and
(2) in a manner which will demonstrate the magnitude of the various sources of water and air pollution.
216B.16 RATE CHANGE; PROCEDURE; HEARING.
Subd. 10.
Intervenor compensation.
(a) A nonprofit organization or an individual granted formal intervenor status by the commission is eligible to receive compensation.
(b) The commission may order a utility to compensate all or part of an eligible intervenor's reasonable costs of participation in a general rate case that comes before the commission when the commission finds that the intervenor has materially assisted the commission's deliberation and when a lack of compensation would present financial hardship to the intervenor. Compensation may not exceed $50,000 for a single intervenor in any proceeding. For the purpose of this subdivision, "materially assisted" means that the intervenor's participation and presentation was useful and seriously considered, or otherwise substantially contributed to the commission's deliberations in the proceeding.
(c) In determining whether an intervenor has materially assisted the commission's deliberation, the commission must consider, among other factors, whether:
(1) the intervenor represented an interest that would not otherwise have been adequately represented;
(2) the evidence or arguments presented or the positions taken by the intervenor were an important factor in producing a fair decision;
(3) the intervenor's position promoted a public purpose or policy;
(4) the evidence presented, arguments made, issues raised, or positions taken by the intervenor would not have been a part of the record without the intervenor's participation; and
(5) the administrative law judge or the commission adopted, in whole or in part, a position advocated by the intervenor.
(d) In determining whether the absence of compensation would present financial hardship to the intervenor, the commission must consider:
(1) whether the costs presented in the intervenor's claim reflect reasonable fees for attorneys and expert witnesses and other reasonable costs; and
(2) the ratio between the costs of intervention and the intervenor's unrestricted funds.
(e) An intervenor seeking compensation must file a request and an affidavit of service with the commission, and serve a copy of the request on each party to the proceeding. The request must be filed 30 days after the later of (1) the expiration of the period within which a petition for rehearing, amendment, vacation, reconsideration, or reargument must be filed or (2) the date the commission issues an order following rehearing, amendment, vacation, reconsideration, or reargument.
(f) The compensation request must include:
(1) the name and address of the intervenor or representative of the nonprofit organization the intervenor is representing;
(2) proof of the organization's nonprofit, tax-exempt status;
(3) the name and docket number of the proceeding for which compensation is requested;
(4) a list of actual annual revenues and expenses of the organization the intervenor is representing for the preceding year and projected revenues, revenue sources, and expenses for the current year;
(5) the organization's balance sheet for the preceding year and a current monthly balance sheet;
(6) an itemization of intervenor costs and the total compensation request; and
(7) a narrative explaining why additional organizational funds cannot be devoted to the intervention.
(g) Within 30 days after service of the request for compensation, a party may file a response, together with an affidavit of service, with the commission. A copy of the response must be served on the intervenor and all other parties to the proceeding.
(h) Within 15 days after the response is filed, the intervenor may file a reply with the commission. A copy of the reply and an affidavit of service must be served on all other parties to the proceeding.
(i) If additional costs are incurred as a result of additional proceedings following the commission's initial order, the intervenor may file an amended request within 30 days after the commission issues an amended order. Paragraphs (e) to (h) apply to an amended request.
(j) The commission must issue a decision on intervenor compensation within 60 days of a filing by an intervenor.
(k) A party may request reconsideration of the commission's compensation decision within 30 days of the decision.
(l) If the commission issues an order requiring payment of intervenor compensation, the utility that was the subject of the proceeding must pay the compensation to the intervenor, and file with the commission proof of payment, within 30 days after the later of (1) the expiration of the period within which a petition for reconsideration of the commission's compensation decision must be filed or (2) the date the commission issues an order following reconsideration of its order on intervenor compensation.
216C.376 SOLAR FOR SCHOOLS PROGRAM FOR CERTAIN UTILITY SERVICE TERRITORY.
Subdivision 1.
Establishment; purpose.
The utility subject to section 116C.779 must operate a program to provide financial assistance to enable schools to install and operate solar energy systems that can be used as teaching tools and be integrated into the school curriculum.
Subd. 2.
Required plan.
(a) By October 1, 2021, the public utility must file a plan for the solar for schools program with the commissioner. The plan must contain but is not limited to the following elements:
(1) a description of how the public utility proposes to use incentive program money withheld from the renewable development account to provide financial assistance to schools at which a solar energy system is installed;
(2) an estimate of the amount of financial assistance that the public utility provides to a school under clause (1), and the length of time financial assistance is provided;
(3) administrative procedures governing the application and financial assistance award process, and the costs the public utility is projected to incur to administer the program;
(4) the public utility's proposed process for periodic reevaluation and modification of the program; and
(5) any additional information required by the commissioner.
(b) The public utility may not implement the program until the commissioner approves the public utility's plan submitted under this subdivision. The commissioner must approve a plan under this subdivision that the commissioner determines to be in the public interest no later than December 31, 2021. Any proposed modifications to the plan approved under this subdivision must be approved by the commissioner.
Subd. 3.
System eligibility.
A solar energy system is eligible to receive financial assistance under this section if it meets all of the following conditions:
(1) the solar energy system must be located on or adjacent to a school building receiving retail electric service from the public utility and completely located within the public utility's electric service territory, provided that any land situated between the school building and the site where the solar energy system is installed is owned by the school district or the state college or university in which the school building operates;
(2) the total aggregate nameplate capacity of all distributed generation serving the school building, including any subscriptions to a community solar garden under section 216B.1641, may not exceed the lesser of one megawatt alternating current or 120 percent of the average annual electric energy consumption of the school building; and
(3) has real-time and cumulative display devices, located in a prominent location accessible to students and the public, that indicate the system's electrical performance.
Subd. 4.
Application process.
(a) A school seeking financial assistance under this section must submit an application to the public utility, including a plan for how the school uses the solar energy system as a visible learning tool for students, teachers, and visitors to the school, and how the solar energy system may be integrated into the school's curriculum.
(b) The public utility must award financial assistance under this section on a first-come, first-served basis.
(c) The public utility must discontinue accepting applications under this section after all money withheld under subdivision 5 are allocated to program participants, including funds from canceled projects.
Subd. 5.
Program funding.
(a) In 2022, the public utility subject to section 116C.779 must withhold $8,000,000 from the transfer made under section 116C.779, subdivision 1, paragraph (e), to pay for assistance provided by the program under this section. The money withheld under this paragraph must be used to pay for financial assistance awarded under this section and the costs to administer this section. Any money that remains unexpended on June 30, 2027, cancels to the renewable development account.
(b) The renewable energy credits associated with the electricity generated by a solar energy system installed under this section are the property of the public utility that is subject to this section for the life of the system, regardless of the duration of the financial assistance provided by the public utility under this section.
Subd. 6.
Limitation.
(a) No more than 60 percent of the financial assistance provided by the public utility to schools under this section may be provided to schools where the proportion of students eligible for free and reduced-price lunch under the National School Lunch Program is less than 50 percent. If, after December 31, 2024, there is an insufficient number of applicant schools to fulfill the requirements of this paragraph, the remaining amounts may be provided to any school that is otherwise eligible to receive financial assistance under this section but for the requirements of this paragraph.
(b) No more than ten percent of the total amount of financial assistance provided by the public utility to schools under this section may be provided to schools that are part of the same school district or state college or university.
(c) Paragraph (a) does not apply to a state college or university.
Subd. 7.
Technical assistance.
The commissioner may provide technical assistance to schools to develop and execute projects under this section.
Subd. 8.
Program information.
The public utility must provide information requested by the commissioner that the commissioner determines is necessary to complete the report required under section 216C.375, subdivision 11.
Subd. 9.
Application deadline.
No application may be submitted under this section after December 31, 2025.
325E.389 ITEMS CONTAINING LEAD PROHIBITED.
Subdivision 1.
Definitions.
For purposes of this section, the following definitions apply.
(a) "Body piercing jewelry" means any part of jewelry that is manufactured or sold for placement in a new piercing or a mucous membrane, but does not include any part of that jewelry that is not placed within a new piercing or a mucous membrane.
(b) "Children" means children age six and younger.
(c) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children. For purposes of this section, children's jewelry includes, but is not limited to, jewelry that meets any of the following conditions:
(1) is represented in its packaging, display, or advertising as appropriate for use by children;
(2) is sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children;
(3) is sized for children and not intended for use by adults; or
(4) is sold in any of the following:
(i) a vending machine;
(ii) retail store, catalog, or website in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or
(iii) a discrete portion of a retail store, catalog, or website in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(d) "Class 1 material" means any of the following materials:
(1) stainless or surgical steel;
(2) karat gold;
(3) sterling silver;
(4) platinum, palladium, iridium, ruthenium, rhodium, or osmium;
(5) natural or cultured pearls;
(6) glass, ceramic, or crystal decorative components including cat's eye; cubic zirconia, including cubic zirconium or CZ; rhinestones; and cloisonne;
(7) a gemstone that is cut and polished for ornamental purposes, except that the following gemstones are not Class 1 materials: aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite, and wulfenite;
(8) elastic, fabric, ribbon, rope, or string, unless it contains intentionally added lead and is listed as a Class 2 material;
(9) all natural decorative material including amber, bone, coral, feathers, fur, horn, leather, shell, and wood that is in its natural state and is not treated in a way that adds lead; or
(10) adhesive.
(e) "Class 2 material" means any of the following materials:
(1) electroplated metal that meets the following standards:
(i) on and before August 30, 2009, a metal alloy with less than ten percent lead by weight that is electroplated with suitable under and finish coats; or
(ii) on and after August 31, 2009, a metal alloy with less than six percent lead by weight that is electroplated with suitable under and finish coats;
(2) unplated metal with less than 1.5 percent lead that is not otherwise listed as a Class 1 material;
(3) plastic or rubber including acrylic, polystyrene, plastic beads and stones, and polyvinyl chloride (PVC) that meets the following standards:
(i) on and before August 30, 2009, less than 0.06 percent (600 parts per million) lead by weight; and
(ii) on and after August 31, 2009, less than 0.02 percent (200 parts per million) lead by weight; and
(4) a dye or surface coating containing less than 0.06 percent (600 parts per million) lead by weight.
(f) "Class 3 material" means any portion of jewelry that meets both of the following criteria:
(1) is not a Class 1 or Class 2 material; and
(2) contains less than 0.06 percent (600 parts per million) lead by weight.
(g) "Component" means any part of jewelry.
(h) "EPA reference methods 3050B (Acid Digestion of Sediments, Sludges, and Soils) or 3051 (Microwave Assisted Digestion/Sludge, Soils)" means those test methods incorporated by reference in Code of Federal Regulations, title 40, section 260.11, paragraph (11), subdivision (a).
(i) "Jewelry" means:
(1) any of the following ornaments worn by a person: anklet, arm cuff, bracelet, brooch, chain, crown, cuff link, decorated hair accessories, earring, necklace, pin, ring, or body piercing jewelry; or
(2) any bead, chain, link, pendant, or other component of such an ornament.
(j) "Surface coating" means a fluid, semifluid, or other material, with or without a suspension of finely divided coloring matter, that changes to a solid film when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic, or other surface. Surface coating does not include a printing ink or a material that actually becomes a part of the substrate including, but not limited to, pigment in a plastic article or a material that is actually bonded to the substrate, such as by electroplating or ceramic glazing.
Subd. 2.
Sale prohibited.
(a) No person shall manufacture any jewelry that is offered for sale in Minnesota unless the jewelry is made entirely from a Class 1, Class 2, or Class 3 material, or any combination thereof.
(b) No person shall offer for sale, sell, label, or distribute for free any jewelry represented to contain safe levels of lead, unless the jewelry is made entirely from a Class 1, Class 2, or Class 3 material, or any combination thereof.
(c) Notwithstanding paragraph (a), no person shall manufacture any children's jewelry that is offered for sale in Minnesota unless the children's jewelry is made entirely from one or more of the following materials:
(1) a nonmetallic material that is a Class 1 material;
(2) a nonmetallic material that is a Class 2 material;
(3) a metallic material that is either a Class 1 material or contains less than 0.06 percent (600 parts per million) lead by weight;
(4) glass or crystal decorative components that weigh in total no more than one gram, excluding any glass or crystal decorative component that contains less than 0.02 percent (200 parts per million) lead by weight and has no intentionally added lead;
(5) printing ink or ceramic glaze that contains less than 0.06 percent (600 parts per million) lead by weight; or
(6) Class 3 material that contains less than 0.02 percent (200 parts per million) lead by weight.
(d) Notwithstanding paragraph (b), no person shall offer for sale, sell, distribute for free, or label any jewelry as children's jewelry represented to contain safe levels of lead, unless the jewelry is made entirely from one or more of the following materials:
(1) a nonmetallic material that is a Class 1 material;
(2) a nonmetallic material that is a Class 2 material;
(3) a metallic material that is either a Class 1 material or contains less than 0.06 percent (600 parts per million) lead by weight;
(4) glass or crystal decorative components that weigh in total no more than one gram, excluding any glass or crystal decorative component that contains less than 0.02 percent (200 parts per million) lead by weight and has no intentionally added lead;
(5) printing ink or ceramic glaze that contains less than 0.06 percent (600 parts per million) lead by weight; or
(6) Class 3 material that contains less than 0.02 percent (200 parts per million) lead by weight.
(e) Notwithstanding paragraph (a), no person shall manufacture any body piercing jewelry that is offered for sale in Minnesota unless the body piercing jewelry is made of one or more of the following materials:
(1) surgical implant stainless steel; or
(2) surgical implant grade of titanium, niobium (Nb), solid 14-karat or higher white or yellow nickel-free gold, solid platinum, or a dense low-porosity plastic including, but not limited to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.
(f) No person shall offer for sale, sell, label, or distribute for free any body piercing jewelry represented to contain safe levels of lead unless the body piercing jewelry is made of one or more of the following materials:
(1) surgical implant stainless steel; or
(2) surgical implant grade of titanium, niobium (Nb), solid 14-karat or higher white or yellow nickel-free gold, solid platinum, or a dense low-porosity plastic including, but not limited to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.
(g) The prohibitions under this section do not apply to sales or free distribution of jewelry by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code or to isolated and occasional sales of jewelry not made in the normal course of business.
Subd. 3.
Testing methods.
(a) The testing methods for determining compliance with this section must be conducted using EPA reference method 3050B or 3051 for the material being tested, except as otherwise provided in subdivision 4 and in accordance with all of the following procedures:
(1) when preparing a sample, the laboratory shall make every effort to ensure that the sample removed from a jewelry piece is representative of the component to be tested, and is free of contamination from extraneous dirt and material not related to the component to be tested;
(2) all component samples must be washed before testing using standard laboratory detergent, rinsed with laboratory reagent-grade deionized water, and dried in a clean ambient environment;
(3) if a component is required to be cut or scraped to obtain a sample, the metal snips, scissors, or other cutting tools used for the cutting or scraping must be made of stainless steel and washed and rinsed before each use and between samples;
(4) a sample must be digested in a container that is known to be free of lead and with the use of an acid that is not contaminated by lead, including analytical reagent-grade digestion acids and reagent-grade deionized water;
(5) method blanks, consisting of all reagents used in sample preparation handled, digested, and made to volume in the same exact manner and in the same container type as samples, must be tested with each group of 20 or fewer samples tested; and
(6) the results for the method blanks must be reported with each group of sample results and must be below the stated reporting limit for sample results to be considered valid.
(b) A material does not meet an applicable lead standard set forth in this section if any of the following occurs:
(1) the mean lead level of one or two samples of the material exceeds 300 percent of the applicable limit for a component;
(2) the mean lead level of three samples of the material exceeds 200 percent of the applicable limit for a component; or
(3) the mean lead level of four or more samples of the material exceeds the applicable limit for a component.
Subd. 4.
Additional testing procedures.
In addition to the requirements of subdivision 3, the following procedures must be used for testing the following materials:
(1) for testing a metal plated with suitable undercoats and finish coats, the following protocols must be observed:
(i) digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide;
(ii) the sample size must be 0.050 gram to one gram;
(iii) the digested sample may require dilution prior to analysis;
(iv) the digestion and analysis must achieve a reported detection limit no greater than 0.1 percent for samples; and
(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;
(2) for testing unplated metal and metal substrates that are not a Class 1 material, the following protocols must be observed:
(i) digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid and hydrogen peroxide;
(ii) the sample size must be 0.050 gram to one gram;
(iii) the digested sample may require dilution prior to analysis;
(iv) the digestion and analysis must achieve a reported detection limit no greater than 0.01 percent for samples; and
(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;
(3) for testing polyvinyl chloride (PVC), the following protocols must be observed:
(i) the digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid and hydrogen peroxide;
(ii) the sample size must be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and must be chopped or comminuted prior to digestion;
(iii) digested samples may require dilution prior to analysis;
(iv) digestion and analysis must achieve a reported detection limit no greater than 0.001 percent (10 parts per million) for samples; and
(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;
(4) for testing plastic or rubber that is not polyvinyl chloride (PVC), including acrylic, polystyrene, plastic beads, or plastic stones, the following protocols must be observed:
(i) the digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide;
(ii) the sample size must be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and must be chopped or comminuted prior to digestion;
(iii) plastic beads or stones must be crushed prior to digestion;
(iv) digested samples may require dilution prior to analysis;
(v) digestion and analysis must achieve a reported detection limit no greater than 0.001 percent (10 parts per million) for samples; and
(vi) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;
(5) for testing coatings on glass and plastic pearls, the following protocols must be observed:
(i) the coating of glass or plastic beads must be scraped onto a surface free of dust, including a clean weighing paper or pan, using a clean stainless steel razor blade or other clean sharp instrument that will not contaminate the sample with lead. The substrate pearl material must not be included in the scrapings;
(ii) the razor blade or sharp instrument must be rinsed with deionized water, wiped to remove particulate matter, rinsed again, and dried between samples;
(iii) the scrapings must be weighed and not less than 50 micrograms of scraped coating must be used for analysis. If less than 50 micrograms of scraped coating is obtained from an individual pearl, multiple pearls from that sample must be scraped and composited to obtain a sufficient sample amount;
(iv) the number of pearls used to make the composite must be noted;
(v) the scrapings must be digested according to EPA reference method 3050B or 3051 or an equivalent procedure for hot acid digestion in preparation for trace lead analysis;
(vi) the digestate must be diluted in the minimum volume practical for analysis;
(vii) the digested sample must be analyzed according to specification of an approved and validated methodology for inductively coupled plasma mass spectrometry;
(viii) a reporting limit of 0.001 percent (10 parts per million) in the coating must be obtained for the analysis; and
(ix) the sample result must be reported within the calibrated range of the instrument. If the initial test of the sample is above the highest calibration standard, the sample must be diluted and reanalyzed within the calibrated range of the instrument;
(6) for testing dyes, paints, coatings, varnish, printing inks, ceramic glazes, glass, or crystal, the following testing protocols must be observed:
(i) the digestion must use hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide;
(ii) the sample size must be not less than 0.050 gram, and must be chopped or comminuted prior to digestion;
(iii) the digested sample may require dilution prior to analysis;
(iv) the digestion and analysis must achieve a reported detection limit no greater than 0.001 percent (10 parts per million) for samples; and
(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument; and
(7) for testing glass and crystal used in children's jewelry, the following testing protocols for determining weight must be used:
(i) a component must be free of any extraneous material, including adhesive, before it is weighed;
(ii) the scale used to weigh a component must be calibrated immediately before the components are weighed using S-class weights of one and two grams, as certified by the National Institute of Standards and Technology (NIST) of the United States Department of Commerce; and
(iii) the calibration of the scale must be accurate to within 0.01 gram.
325E.3891 CADMIUM IN CHILDREN'S JEWELRY.
Subdivision 1.
Definitions.
(a) As used in this section, the term:
(1) "accessible" has the meaning given in section 3.1.2 of the ASTM International Safety Specification on Toy Safety, F-963;
(2) "child" means an individual who is six years of age or younger; and
(3) "children's jewelry" shall have the meaning set forth in section 325E.389, subdivision 1, paragraph (c).
Subd. 2.
Prohibitions.
Cadmium in any surface coating or accessible substrate material of metal or plastic components of children's jewelry shall not exceed 75 parts per million, as determined through solubility testing for heavy metals defined in the ASTM International Safety Specification on Toy Safety, ASTM standard F-963 and subsequent versions of this standard, if the product is sold in this state unless this requirement is superseded by a federal standard regulating cadmium in children's jewelry. This section shall not regulate any product category for which an existing federal standard regulates cadmium exposure in surface coatings and accessible substrate materials as required under ASTM F-963.
Subd. 3.
Manufacturer or wholesaler.
No manufacturer or wholesaler may sell or offer for sale in this state children's jewelry that fails to meet the requirements of subdivision 2.
Subd. 4.
Retailer.
No retailer may sell or offer for sale in this state children's jewelry that fails to meet the requirements of subdivision 2. This subdivision does not apply to sales or free distribution of jewelry by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code or to isolated and occasional sales of jewelry not made in the normal course of business.
Repealed Minnesota Rule: H2310-2
6100.5000 SNOWMOBILE REGISTRATION AND DISPLAY OF NUMBERS.
Subp. 3.
Affixation of number.
The registration number of the snowmobile, shown on the registration certificate, shall be affixed to the snowmobile and maintained in a clear, legible manner. On all machines made after June 30, 1972, and sold in Minnesota, such registration number shall be affixed in the space provided therefor in accordance with part 6100.5700, subpart 4. On all other machines it shall be affixed on each side of the cowling on the upper half of the machine, as follows.
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Subp. 4.
Description of decal or number; lost or destroyed number or decal.
All letters and numbers shall be of a color which will contrast with the surface to which applied, and shall be at least three inches high and three-eighths inch stroke. When any previously affixed registration number or decal is destroyed or lost, a duplicate shall be affixed in the manner shown above. The registration number shall remain the same if renewed by July 1 following the expiration date.
Subp. 5.
General prohibition.
No person shall operate or transport, and no person shall permit the operation of, a snowmobile within this state which does not have its registration number and unexpired decal affixed in the form and manner required by this part, unless the owner is exempted from the registration requirements of this state by Minnesota Statutes, section 84.82.
6100.5700 REQUIRED EQUIPMENT.
Subp. 4.
Snowmobile registration number affixation.
All snowmobiles made after June 30, 1972, and sold in Minnesota, shall be designed and made to provide an area on which to affix the snowmobile registration number at the following location and of the following dimensions:
A.
A clear area shall be provided on each side of the cowling or pan with the minimum size of 3-1/2 inches vertical by 11 inches horizontal.
B.
It shall be a minimum of 12 inches from the ground when the machine is resting on a hard surface.
6115.1220 PROCEDURES.
Subp. 8.
Sale of basin to commissioner.
If the landowner chooses to sell the basin and access area to the commissioner the landowner shall obtain from the county board of commissioners the approval to sell the property as required by Minnesota Statutes, section 97A.145. The commissioner must be supplied with a copy of the board's resolution and if the county board refuses approval, the applicant must select from among those options not requiring county board approval. This procedure does not apply in those counties where blanket approval to sell the property to the state has been granted to those landowners who are eligible for compensation under Minnesota Statutes, section 105.391, subdivision 3.
6256.0500 TAKING TURTLES.
Subp. 2.
Equipment.
Turtles may be taken by a person possessing a turtle seller's, turtle seller's apprentice, or recreational turtle license by means of floating or submerged turtle traps, turtle hooks, and other commercial fishing gear authorized by the commissioner. Traps must not exceed five feet in width, four feet in height, and eight feet in length.
Subp. 2a.
Submerged turtle traps.
Submerged traps must be constructed of either flexible webbing or wire. Flexible webbing traps must be of mesh size not less than 3-1/2 inches bar measure or seven inches stretch measure. Wire traps must be of mesh size not less than two inches by four inches bar measure and must have at least one square opening in the top panel measuring at least four inches on a side and two of the same dimension on each of the side panels near the top of the trap. A trap must be set in water shallow enough so that the top of the trap is at least level with the water surface.
Subp. 2b.
Floating turtle traps.
Floating traps must have: (1) one or more openings above the water surface that measure at least ten inches by four inches; and (2) a mesh size of not less than one-half inch bar measure.
Subp. 4.
Operation of turtle trap.
Each submerged trap must be checked and emptied at intervals not exceeding 48 hours and each floating trap must be checked and emptied at intervals not exceeding 120 hours. A turtle seller licensee or turtle seller's apprentice operating under a turtle seller's license may not operate more than 40 submerged turtle traps. A turtle seller's apprentice is not entitled to any traps in addition to those of the turtle seller. A recreational turtle licensee may not operate more than three turtle traps.
Subp. 5.
Required marking of turtle traps.
A.
When in use, each turtle trap must have affixed on it a tag of permanent material visible from above, legibly bearing the name, address, and license number of the operator. This information must be recorded in an indelible manner on the tag. The tag must be of dimensions not less than 2-1/2 inches in length by five-eighths inch in width.
B.
The commissioner shall issue 40 submerged turtle trap identification tags to a turtle seller licensee and three recreational turtle trap identification tags to a recreational turtle licensee. Tags must be attached to submerged and recreational traps at all times. Lost tags must be reported within 48 hours to the local conservation officer or the commercial fisheries program consultant. The commissioner may reissue tags upon request.
Subp. 6.
Turtles taken incidental to other operations.
Turtles listed in subpart 1 that are taken incidental to other commercial fishing operations may be possessed, transported, and sold, provided the operator is a holder of a turtle seller's license.
Subp. 7.
Required reporting by turtle seller; record keeping.
A.
A holder of a turtle seller's license must submit reports, on forms provided by the commissioner, to the address identified on the form by the tenth day of each month for the preceding month for the months of March through November, whether or not any equipment was used to take turtles.
B.
In the report required in item A, the licensee must record daily operations, including separate entries for each water body. The records must include water body location, equipment used, numbers and pounds of each species of turtles taken, numbers of each species of turtles released at that water body, and other information about the operation as specified on the form provided by the commissioner. The records must be kept current within 48 hours of the last daily operation.
C.
A license shall not be renewed until all of the licensee's monthly reports for the previous calendar year are submitted and received at the address identified on the form.
Subp. 8.
Report on buying turtles for resale.
A licensee who buys turtles for resale or for processing and resale must keep a correct and complete book record of all transactions and activities covered in the license, not inconsistent with Minnesota Statutes, section 97A.425. Copies of the shipping documents for turtles being sent out of state must be part of and included with the monthly reports required under subpart 7.
8400.0500 MAXIMUM COST-SHARE RATES.
The maximum cost-share rates established by the state board represent the maximum percent or amount of the total cost of a conservation practice that may be funded using state cost-share funds.
8400.0550 RECORDING CONSERVATION PRACTICES.
The state board may determine that long-term maintenance of a conservation practice is desirable and may require that maintenance be made a covenant upon the land for the effective life of the practice. A covenant under this part shall be construed in the same manner as a conservation restriction under Minnesota Statutes, section 84.65.
8400.0600 STATE BOARD ALLOCATION OF FUNDS TO DISTRICTS.
Subp. 4.
Grants to districts.
The state board shall allocate cost-share funds to district boards that have fully complied with Minnesota Statutes, section 103C.501, subdivision 3; all erosion control and water management program rules; and program policies.
Subp. 5.
Other funds.
Other funds received by the state board may be allocated to districts for the treatment of erosion, sedimentation, water quality problems, or water quantity problems due to altered hydrology. These additional funds may be incorporated with existing erosion control and water management program funds and their use may be governed by the program policy or may be subject to other policies or guidelines required to fully implement the intent for which these additional funds were appropriated.
8400.0900 DISTRICT ADMINISTRATION OF PROGRAM FUNDS.
Subpart 1.
General.
Following receipt of grant funds from the state board, a district is responsible for administration of the funds in accordance with Minnesota Statutes, chapter 103C, parts 8400.0050 to 8400.1900, program policies, and all other applicable laws. All funds allocated to districts must be used for the purposes designated by the state board.
Subp. 2.
Maximum cost-share rate.
Prior to considering any applications from land occupiers for cost-share assistance, the district board shall establish cost-share rates for conservation practices to be installed under the program, up to the maximum rates established by the state board.
Subp. 4.
Criteria for district board review.
The district board shall use the factors in items A to D to determine practice eligibility and to review applications for conservation practice funding.
A.
The application must be signed by the land occupier and the landowner, if different, indicating their agreement to:
(1)
grant the district's representatives access to the parcel where the conservation practice will be located;
(2)
obtain all permits required in conjunction with the installation and establishment of the practice prior to starting construction of the practice; and
(3)
be responsible for operation and maintenance of conservation practices applied under this program according to an operation and maintenance plan prepared or approved by a district technical representative or the district's delegate.
B.
Costs to repair damage to conservation practices installed with state cost-share dollars are eligible if the damage was caused by reasons beyond the control of the land occupier.
C.
If the practice has fully met or exceeded its designed effective life, the cost to reconstruct the practice is eligible for cost-share assistance.
D.
Conservation practices where construction has begun prior to district approval are ineligible for financial assistance. The board may waive this requirement for emergency needs.
Subp. 5.
Entering into contract.
After review of practice eligibility, the district board, or its delegate, shall approve or deny the application. If the application is approved, the district board, or its delegate, may enter into a contract with the land occupier.
8400.1650 RECORDING CONSERVATION PRACTICES.
When a district board, or its delegate, determines that long-term maintenance of a conservation practice is desirable, the board, or its delegate, may require that maintenance be made a covenant upon the land for the effective life of the conservation practice. A covenant under this part shall be construed in the same manner as a conservation restriction under Minnesota Statutes, section 84.65.
8400.1700 MAINTENANCE.
Subpart 1.
Land occupier maintenance responsibilities.
The land occupier is responsible for operation and maintenance of conservation practices applied under this program to ensure that their conservation objective is met and the effective life is achieved. Should the land occupier fail to maintain the conservation practices during their effective life, the land occupier is liable to the district for up to 150 percent of financial assistance received to install and establish the conservation practice. The land occupier is not liable for cost-share assistance received if the failure was caused by reasons beyond the land occupier's control, or if conservation practices are applied at the land occupier's expense which provide equivalent protection of the soil and water resources.
Subp. 2.
Reapplication of conservation practices.
In no case shall a district provide cost-share assistance to a land occupier for the reapplication of conservation practices which were removed by the land occupier during their effective life or that failed due to improper maintenance.
8400.1750 PRACTICE SITE INSPECTIONS.
The district or the district's delegate shall conduct site inspections of conservation practices installed with cost-share funds to determine if the land occupier is in compliance with the operation and maintenance requirements under part 8400.1700 and the policy, guidelines, and requirements of the state board.
8400.1800 APPEALS.
Land occupiers may appeal a district's action within 60 days of receiving notice of the action by submitting a written request to the district board asking the board to reconsider its decision. Should the land occupier and the district board reach an impasse, the land occupier may petition to appeal the district board's decision to the state board within 60 days of receiving notice of the district board's final decision. The state board or its executive director, as delegated, shall review and grant the petition, unless it is deemed without sufficient merit, within 30 days of the receipt of the petition. The state board shall make its decision on the appeal, if granted, within 60 days of a hearing date. The state board's decision may uphold, remand, reverse, or amend the decision of the district board.
8400.1900 REPORTS TO STATE BOARD.
For the purpose of reporting and monitoring the progress of the program and use of funds, each district shall submit an accomplishments report according to the guidelines and requirements established by the state board.