STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2015
_____________________
SIXTY-FIFTH
DAY
Saint Paul, Minnesota, Monday, May 18, 2015
The House of Representatives convened at
11:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.
Prayer was offered by the Reverend Richard
D. Buller, Valley Community Presbyterian Church, Golden Valley, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Lenczewski was excused until 1:30
p.m. Pelowski was excused until 1:40
p.m. Liebling was excused
until 1:55 p.m. Mariani was excused
until 2:15 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Schoen; Halverson; Liebling; Persell; Thissen; Mahoney; Atkins; Mariani; Slocum; Sundin; Applebaum; Isaacson; Nelson; Johnson, S.; Hansen; Hortman; Murphy, E.; Laine; Erhardt; Simonson; Lillie; Carlson; Moran; Hilstrom; Rosenthal; Lenczewski; Selcer; Newton; Bly; Metsa; Schultz; Considine; Lien; Yarusso and Poppe introduced:
H. F. No. 2372, A bill for an act relating to health; establishing the Healthcare Access for Recovery and Treatment of Survivors Act (HARTS Act); requiring health insurance coverage for certain coverage relating to domestic and sexual assault and sex trafficking; requiring certain notice be provided to victims; appropriating money; amending Minnesota Statutes 2014, sections 144.6586; 145.4712, subdivision 2; 609.35; 629.341, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 62A; proposing coding for new law as Minnesota Statutes, chapter 62W.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Simonson; Murphy, M.; Poppe; Johnson, C.; Johnson, S.; Ward; Erhardt; Fischer; Persell; Murphy, E.; Metsa; Schultz and Lien introduced:
H. F. No. 2373, A bill for an act relating to telecommunications; border-to-border broadband; creating a broadband tax credit; amending Minnesota Statutes 2014, sections 116J.395; 290.06, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Loonan, Franson and Sundin introduced:
H. F. No. 2374, A bill for an act relating to public safety; providing special registration plates for vehicles operated with no insurance; authorizing the stop of vehicles bearing certain special plates; amending Minnesota Statutes 2014, section 169.791, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 169.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Erickson introduced:
H. F. No. 2375, A bill for an act relating to capital investment; appropriating money for public infrastructure improvements in Milaca; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Urdahl, Hausman, Howe and Wagenius introduced:
H. F. No. 2376, A bill for an act relating to capital investment; appropriating money for improvements at Historic Fort Snelling; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on State Government Finance.
Erickson introduced:
H. F. No. 2377, A bill for an act relating to capital investment; appropriating money for the Malone Island Bridge in the city of Isle; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Peppin moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Davids.
Atkins was excused between the hours of
1:20 p.m. and 5:30 p.m.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 846
A bill for an act relating to state government; appropriating money for environment and natural resources; modifying public entity purchasing requirements; modifying solid waste provisions; modifying subsurface sewage treatment systems provisions; modifying compensable losses due to harmful substances; modifying invasive species provisions; modifying state parks and trails provisions; modifying requirements for fire training; modifying auxiliary forest provisions; modifying recreational vehicle provisions; providing for all-terrain vehicle safety training indication on drivers' licenses and identification cards; modifying and providing for certain fees; creating and modifying certain accounts; providing for and modifying certain grants; modifying disposition of certain revenue; modifying certain permit provisions; providing for condemnation of certain school trust lands; modifying Water Law; providing for certain enforcement delay; modifying personal flotation device provisions; regulating wake surfing; modifying game and fish laws; modifying Metropolitan Area Water Supply Advisory Committee and specifying duties; providing for Minnesota Pollution Control Agency Citizens' Board; prohibiting sale of certain personal care products containing synthetic plastic microbeads; requiring reports; requiring rulemaking; amending Minnesota Statutes 2014, sections 16A.531, subdivision 1a; 16C.073, subdivision 2; 84.415, subdivision 7; 84.788, subdivision 5, by adding a subdivision; 84.82, subdivision 6; 84.84; 84.92, subdivisions 8, 9, 10; 84.922, subdivision 4; 84.925, subdivision 5; 84.9256, subdivision 1; 84.928, subdivision 1; 84D.01, subdivisions 13, 15, 17, 18, by adding a subdivision; 84D.03, subdivision 3; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 1; 84D.12,
subdivisions 1, 3; 84D.13, subdivision 5; 84D.15, subdivision 3; 85.015, subdivision 28, by adding a subdivision; 85.054, subdivision 12; 85.32, subdivision 1; 86B.313, subdivisions 1, 4; 86B.315; 86B.401, subdivision 3; 88.17, subdivision 3; 88.49, subdivisions 3, 4, 5, 6, 7, 8, 9, 11; 88.491, subdivision 2; 88.50; 88.51, subdivisions 1, 3; 88.52, subdivisions 2, 3, 4, 5, 6; 88.523; 88.53, subdivisions 1, 2; 88.6435, subdivision 4; 90.14; 90.193; 94.10, subdivision 2; 94.16, subdivisions 2, 3; 97A.045, subdivision 11; 97A.057, subdivision 1; 97A.435, subdivision 4; 97A.465, by adding a subdivision; 97B.063; 97B.081, subdivision 3; 97B.085, subdivision 2; 97B.301, by adding a subdivision; 97B.668; 97C.005, subdivision 1, by adding a subdivision; 97C.301, by adding a subdivision; 97C.345, by adding a subdivision; 97C.501, subdivision 2; 103B.101, by adding a subdivision; 103B.3355; 103F.612, subdivision 2; 103G.005, by adding a subdivision; 103G.222, subdivisions 1, 3; 103G.2242, subdivisions 1, 2, 3, 4, 12, 14; 103G.2251; 103G.245, subdivision 2; 103G.271, subdivisions 3, 5, 6a; 103G.287, subdivisions 1, 2; 103G.291, subdivision 3; 103G.301, subdivision 5a; 115.03, by adding a subdivision; 115.073; 115.55, subdivisions 1, 3; 115.56, subdivision 2; 115A.03, subdivision 25a; 115A.551, subdivision 2a; 115A.557, subdivision 2; 115A.93, subdivision 1; 115B.34, subdivision 2; 115C.05; 116.02; 116.03, subdivision 1; 116.07, subdivisions 4d, 4j, 7, by adding a subdivision; 116D.04, by adding a subdivision; 144.12, by adding a subdivision; 171.07, by adding a subdivision; 282.011, subdivision 3; 446A.073, subdivisions 1, 3, 4; 473.1565; Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended; Laws 2014, chapter 312, article 12, section 6, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 84; 84D; 85; 92; 97A; 97B; 103B; 103G; 114C; 115; 115A; 325E; repealing Minnesota Statutes 2014, sections 84.68; 86B.13, subdivisions 2, 4; 88.47; 88.48; 88.49, subdivisions 1, 2, 10; 88.491, subdivision 1; 88.51, subdivision 2; 97A.475, subdivision 25; 97B.905, subdivision 3; 116.02, subdivisions 7, 8, 10; 282.013; 477A.19; Minnesota Rules, part 6264.0400, subparts 27, 28.
May 17, 2015
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 846 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No. 846 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
AGRICULTURE APPROPRIATIONS
Section 1. AGRICULTURE
APPROPRIATIONS |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2016" and
"2017" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2016, or June 30, 2017,
respectively. "The first year"
is fiscal year 2016. "The second
year" is fiscal year 2017. "The
biennium" is fiscal years 2016 and 2017.
|
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2016 |
2017 |
Sec. 2. DEPARTMENT
OF AGRICULTURE |
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The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Protection
Services |
|
16,452,000
|
|
16,402,000
|
Appropriations
by Fund |
||
|
2016 |
2017
|
General |
15,874,000
|
15,824,000
|
Agricultural |
190,000
|
190,000
|
Remediation |
388,000
|
388,000
|
$25,000 the first year and $25,000 the
second year are to develop and maintain cottage food license exemption outreach
and training materials.
$75,000 the first year is for the
commissioner, in consultation with the Northeast Regional Corrections Center
and the United Food and Commercial Workers, to study and provide
recommendations for upgrading the existing processing facility on the campus of
the Northeast Regional Corrections Center into a USDA-certified food processing
facility. The commissioner shall report
these recommendations to the chairs of the house of representatives and senate
committees with jurisdiction over agriculture finance by March 15, 2016.
$75,000 the second year is for a
coordinator for the correctional facility vocational training pilot program.
$388,000 the first year and $388,000 the
second year are from the remediation fund for administrative funding for the
voluntary cleanup program.
$225,000 the first year and $175,000 the
second year are for compensation for destroyed or crippled animals under
Minnesota Statutes, section 3.737. This
appropriation may be spent to compensate for animals that were destroyed or
crippled during fiscal years 2014 and
2015. If the amount in the first year is
insufficient, the amount in the second year is available in the first year.
$125,000 the first year and $125,000 the second year are for compensation for crop damage under Minnesota Statutes, section 3.7371. If the amount in the first year is insufficient, the amount in the second year is available in the first year.
If
the commissioner determines that claims made under Minnesota Statutes, section
3.737 or 3.7371, are unusually high, amounts appropriated for either program
may be transferred to the appropriation for the other program.
$70,000 the first year and $70,000 the
second year are for additional cannery inspections.
$100,000 the first year and $100,000 the
second year are for increased oversight of delegated local health boards.
$100,000 the first year and $100,000 the
second year are to decrease the turnaround time for retail food handler plan
reviews.
$1,024,000 the first year and $1,024,000
the second year are to streamline the retail food safety regulatory and
licensing experience for regulated businesses and to decrease the inspection
delinquency rate.
$1,350,000 the first year and $1,350,000
the second year are for additional inspections of food manufacturers and
wholesalers.
$150,000 the first year and $150,000 the
second year are for additional funding for dairy inspection services.
$150,000 the first year and $150,000 the
second year are for additional funding for laboratory services operations.
$250,000 the first year and $250,000 the
second year are for additional meat inspection services, including inspections
provided under the correctional facility vocational training pilot program.
Notwithstanding Minnesota Statutes,
section 18B.05, $90,000 the first year and $90,000 the second year are from the
pesticide regulatory account in the agricultural fund for an increase in the
operating budget for the Laboratory Services Division.
$100,000 the first year and $100,000 the
second year are from the pesticide regulatory account in the agricultural fund
to update and modify applicator education and training materials.
Subd. 3. Agricultural
Marketing and Development |
|
3,973,000
|
|
3,873,000
|
The commissioner may provide one-stop
access for farmers in need of information or assistance to obtain or renew
licenses, meet state regulatory requirements, or resolve disputes with state
agencies.
The commissioner must provide outreach to
urban farmers regarding the department's financial and technical assistance
programs and must assist urban farmers in applying for assistance.
$100,000 the first year is to (1) enhance the
commissioner's efforts to identify existing and emerging opportunities for
Minnesota's agricultural producers and processors to export their products to
Cuba, consistent with federal law, and (2) effectively communicate these
opportunities to the producers and processors.
$186,000 the first year and $186,000 the
second year are for transfer to the Minnesota grown account and may be used as
grants for Minnesota grown promotion under Minnesota Statutes, section 17.102. Grants may be made for one year. Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2017, for Minnesota grown grants in this paragraph are available until
June 30, 2019.
$634,000 the first year and $634,000 the
second year are for continuation of the dairy development and profitability
enhancement and dairy business planning grant programs established under Laws
1997, chapter 216, section 7, subdivision 2, and Laws 2001, First Special
Session chapter 2, section 9, subdivision 2.
The commissioner may allocate the available sums among permissible
activities, including efforts to improve the quality of milk produced in the
state, in the proportions that the commissioner deems most beneficial to
Minnesota's dairy farmers. The
commissioner must submit a detailed accomplishment report and a work plan
detailing future plans for, and anticipated accomplishments from, expenditures
under this program to the chairs and ranking minority members of the
legislative committees with jurisdiction over agriculture policy and finance on
or before the start of each fiscal year.
If significant changes are made to the plans in the course of the year,
the commissioner must notify the chairs and ranking minority members.
The commissioner may use funds
appropriated in this subdivision for annual cost-share payments to resident
farmers or entities that sell, process, or package agricultural products in
this state for the costs of organic certification. The commissioner may allocate these funds for
assistance for persons transitioning from conventional to organic agriculture.
Subd. 4. Agriculture, Bioenergy, and Bioproduct
Advancement |
15,018,000
|
|
18,985,000
|
$4,483,000 the first year and $8,500,000
the second year are for transfer to the agriculture research, education,
extension, and technology transfer account under Minnesota Statutes, section
41A.14, subdivision 3. The transfer in
this paragraph includes money for plant breeders at the University of Minnesota
for wild rice, potatoes, and grapes. Of
these amounts, at least $600,000 each year is for agriculture rapid response
under Minnesota Statutes, section 41A.14, subdivision 1, clause (2). Of the amount
appropriated
in this paragraph, $1,000,000 each year is for transfer to the Board of Regents
of the University of Minnesota for research to determine (1) what is causing
avian influenza, (2) why some fowl are more susceptible, and (3) prevention
measures that can be taken. Of the
amount appropriated in this paragraph, $2,000,000 each year is for grants to
the Minnesota Agriculture Education Leadership
Council to enhance agricultural education with priority given to Farm Business
Management challenge grants.
To the extent practicable, funds expended
under Minnesota Statutes, section 41A.14, subdivision 1, clauses (1) and (2),
must supplement and not supplant existing sources and levels of funding.
$10,235,000 the first year and $10,235,000
the second year are for the agricultural growth, research, and innovation
program in Minnesota Statutes, section 41A.12.
No later than February 1, 2016, and February 1, 2017, the commissioner
must report to the legislative committees with jurisdiction over agriculture
policy and finance regarding the commissioner's accomplishments and anticipated
accomplishments in the following areas: facilitating
the start-up, modernization, or expansion of livestock operations including
beginning and transitioning livestock operations; developing new markets for
Minnesota farmers by providing more fruits, vegetables, meat, grain, and dairy
for Minnesota school children; assisting value-added agricultural businesses to
begin or expand, access new markets, or diversify products; developing urban
agriculture; facilitating the start-up, modernization, or expansion of other
beginning and transitioning farms including loans under Minnesota Statutes,
section 41B.056; sustainable agriculture on farm research and demonstration;
development or expansion of food hubs and other alternative community-based
food distribution systems; and research on bioenergy, biobased content, or biobased
formulated products and other renewable energy development. The commissioner may use up to 4.5 percent of
this appropriation for costs incurred to administer the program. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year. Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2017, for agricultural growth, research, and innovation grants are available
until June 30, 2019.
The commissioner may use funds
appropriated for the agricultural growth, research, and innovation program as
provided in this paragraph. The
commissioner may award grants to owners of Minnesota facilities producing
bioenergy, biobased content, or a biobased formulated product; to organizations
that provide for on‑station, on-farm field scale research and outreach to
develop and test the agronomic and economic requirements of diverse strands of
prairie plants and other perennials for bioenergy
systems;
or to certain nongovernmental entities. For
the purposes of this paragraph, "bioenergy" includes transportation
fuels derived from cellulosic material, as well as the generation of energy for
commercial heat, industrial process heat, or electrical power from cellulosic
materials via gasification or other processes.
Grants are limited to 50 percent of the cost of research, technical
assistance, or equipment related to bioenergy, biobased content, or biobased
formulated product production or $500,000, whichever is less. Grants to nongovernmental entities for the
development of business plans and structures related to community ownership of
eligible bioenergy facilities together may not exceed $150,000. The commissioner shall make a good-faith
effort to select projects that have merit and, when taken together, represent a
variety of bioenergy technologies, biomass feedstocks, and geographic regions
of the state. Projects must have a
qualified engineer provide certification on the technology and fuel source. Grantees must provide reports at the request
of the commissioner.
Of the amount appropriated for the
agricultural growth, research, and innovation program in this subdivision,
$1,000,000 the first year and $1,000,000 the second year are for distribution
in equal amounts to each of the state's county fairs to preserve and promote
Minnesota agriculture.
Of the amount appropriated for the
agricultural growth, research, and innovation program in this subdivision,
$500,000 in fiscal year 2016 and $1,500,000 in fiscal year 2017 are for
incentive payments under Minnesota Statutes, sections 41A.16, 41A.17, and
41A.18. If the appropriation exceeds the
total amount for which all producers are eligible in a fiscal year, the balance
of the appropriation is available to the commissioner for the agricultural
growth, research, and innovation program.
Notwithstanding Minnesota Statutes, section 16A.28, the first year
appropriation is available until June 30, 2017, and the second year
appropriation is available until June 30, 2018.
The commissioner may use up to 4.5 percent of the appropriation for
administration of the incentive payment programs.
Of the amount appropriated for the
agricultural growth, research, and innovation program in this subdivision,
$250,000 the first year is for grants to communities to develop or expand food
hubs and other alternative community-based food distribution systems. Of this amount, $50,000 is for the
commissioner to consult with existing food hubs, alternative community-based
food distribution systems, and University of Minnesota Extension to identify
best practices for use by other Minnesota communities. No later than December 15, 2015, the
commissioner must report to the legislative committees with jurisdiction over
agriculture and health regarding the status of emerging alternative
community-based food distribution systems in the state along with
recommendations to eliminate any barriers to success. This is a onetime appropriation.
$250,000 the first year and $250,000 the second year are
for grants that enable retail petroleum dispensers to dispense biofuels to the
public in accordance with the biofuel replacement goals established under
Minnesota Statutes, section 239.7911. A
retail petroleum dispenser selling petroleum for use in spark ignition engines
for vehicle model years after 2000 is eligible for grant money under this
paragraph if the retail petroleum dispenser has no more than 15 retail
petroleum dispensing sites and each site is located in Minnesota. The grant money received under this paragraph
must be used for the installation of appropriate technology that uses fuel
dispensing equipment appropriate for at least one fuel dispensing site to
dispense gasoline that is blended with 15 percent of agriculturally derived,
denatured ethanol, by volume, and appropriate technical assistance related to
the installation. A grant award must not
exceed 85 percent of the cost of the technical assistance and appropriate
technology, including remetering of and retrofits for retail petroleum dispensers
and replacement of petroleum dispenser projects. The commissioner may use up to $35,000 of
this appropriation for administrative expenses.
The commissioner shall cooperate with biofuel stakeholders in the
implementation of the grant program. The
commissioner must report to the legislative committees with jurisdiction over
agriculture policy and finance by February 1 each year, detailing the number of
grants awarded under this paragraph and the projected effect of the grant
program on meeting the biofuel replacement goals under Minnesota Statutes,
section 239.7911. These are onetime
appropriations.
$25,000 the first year and $25,000 the
second year are for grants to the Southern Minnesota Initiative Foundation to
promote local foods through an annual event that raises public awareness of
local foods and connects local food producers and processors with potential
buyers.
Subd. 5. Administration
and Financial Assistance |
|
6,067,000
|
|
6,252,000
|
$150,000 the first year and $150,000 the
second year are for grants to the Center for Rural Policy and Development.
The base for the farm-to-foodshelf program
in fiscal years 2018 and 2019 is $1,100,000 each year.
$25,000 the first year is for the
livestock industry study.
$47,000 the first year and $47,000 the
second year are for the Northern Crops Institute. These appropriations may be spent to purchase
equipment.
$18,000 the first year and $18,000 the
second year are for grants to the Minnesota Livestock Breeders Association.
$235,000
the first year and $235,000 the second year are for grants to the Minnesota
Agricultural Education and Leadership Council for
programs of the council under Minnesota Statutes, chapter 41D.
$474,000 the first year and $474,000 the
second year are for payments to county and district agricultural societies and associations under Minnesota Statutes, section
38.02, subdivision 1. Aid
payments to county and district agricultural societies and associations shall
be disbursed no later than July 15 of each year. These payments are the amount of aid from the
state for an annual fair held in the previous calendar year.
$1,000 the first year and $1,000 the second
year are for grants to the Minnesota State Poultry Association.
$108,000 the first year and $108,000 the
second year are for annual grants to the Minnesota Turf Seed Council for basic
and applied research on: (1) the
improved production of forage and turf seed related to new and improved
varieties; and (2) native plants, including plant breeding, nutrient
management, pest management, disease management, yield, and viability. The grant recipient may subcontract with a
qualified third party for some or all of the basic or applied research.
$550,000 the first year and $550,000 the
second year are for grants to Second Harvest Heartland on behalf of Minnesota's
six Second Harvest food banks for the purchase of milk for distribution to
Minnesota's food shelves and other charitable organizations that are eligible
to receive food from the food banks. Milk
purchased under the grants must be acquired from Minnesota milk processors and
based on low-cost bids. The milk must be
allocated to each Second Harvest food bank serving Minnesota according to the
formula used in the distribution of United States Department of Agriculture
commodities under The Emergency Food Assistance Program (TEFAP). Second Harvest Heartland must submit
quarterly reports to the commissioner on forms prescribed by the commissioner. The reports must include, but are not limited
to, information on the expenditure of funds, the amount of milk purchased, and
the organizations to which the milk was distributed. Second Harvest Heartland may enter into
contracts or agreements with food banks for shared funding or reimbursement of
the direct purchase of milk. Each food
bank receiving money from this appropriation may use up to two percent of the
grant for administrative expenses.
$113,000 the first year and $113,000 the
second year are for transfer to the Board of Trustees of the Minnesota State
Colleges and Universities for statewide mental health counseling support to
farm families and business operators. South
Central College shall serve as the fiscal agent.
$17,000 the first year and $17,000 the
second year are for grants to the Minnesota Horticultural Society.
Sec. 3. BOARD
OF ANIMAL HEALTH |
|
$5,318,000 |
|
$5,384,000 |
Sec. 4. AGRICULTURAL
UTILIZATION RESEARCH INSTITUTE |
$3,643,000 |
|
$3,643,000 |
Sec. 5. AVIAN
INFLUENZA RESPONSE ACTIVITIES; APPROPRIATIONS.
(a) $3,619,000 is appropriated from the
general fund in fiscal year 2016 to the commissioner of agriculture for avian
influenza emergency response activities.
The commissioner may use money appropriated under this paragraph to
purchase necessary euthanasia and composting equipment and to reimburse costs
incurred by local units of government directly related to avian influenza
emergency response activities that are not eligible for federal reimbursement. This appropriation is available the day
following final enactment until June 30, 2017.
(b) $1,853,000 is appropriated from the
general fund in fiscal year 2016 to the Board of Animal Health for avian
influenza emergency response activities.
The Board may use money appropriated under this paragraph to purchase
necessary euthanasia and composting equipment.
This appropriation is available the day following final enactment until
June 30, 2017.
(c) $103,000 is appropriated from the
general fund in fiscal year 2016 to the commissioner of health for avian
influenza emergency response activities.
This appropriation is available the day following final enactment until
June 30, 2017.
(d) $350,000 is appropriated from the
general fund in fiscal year 2016 to the commissioner of natural resources for
sampling wild animals to detect and monitor the avian influenza virus. This appropriation may also be used to
conduct serology sampling, in consultation with the Board of Animal Health and
the University of Minnesota Pomeroy Chair in Avian Health, from birds within a
control zone and outside of a control zone.
This appropriation is available the day following final enactment until
June 30, 2017.
(e) $544,000 is appropriated from the
general fund in fiscal year 2016 to the commissioner of public safety to
operate the State Emergency Operation Center in coordination with the statewide
avian influenza response activities. Appropriations
under this paragraph may also be used to support a staff person at the state's
agricultural incident command post in Willmar.
This appropriation is available the day following final enactment until
June 30, 2017.
(f) The commissioner of management and
budget may transfer unexpended balances from the appropriations in this section
to any state agency for operating expenses related to avian influenza emergency
response activities. The commissioner of
management and budget must report each transfer to the chairs and ranking
minority members of the senate Committee on Finance and the house of
representatives Committee on Ways and Means.
Sec. 6. RURAL
FINANCE AUTHORITY; APPROPRIATION.
$10,000,000 is appropriated in fiscal
year 2016 from the general fund to the commissioner of agriculture for transfer
to the rural finance authority revolving loan account under Minnesota Statutes,
section 41B.06, for the purposes of disaster recovery loans under Minnesota
Statutes, section 41B.047. This
appropriation is available the day following final enactment until June 30,
2017.
Sec. 7. AVIAN
INFLUENZA; FEDERAL FUNDS APPROPRIATION AND REPORTING.
All federal money received in fiscal
years 2015 through 2017 by the Board of Animal Health or the commissioner of
agriculture, health, natural resources, or public safety to address avian
influenza is appropriated in the fiscal year when it is received. Before spending federal funds appropriated in
this section, the commissioner of management and budget shall report the
anticipated federal funds appropriated under this section and their intended
purpose
to the Legislative Advisory Commission, consistent with the urgent federal
funds request procedure under Minnesota Statutes, section 3.3005, subdivision 4. By January 15, 2018, the commissioner of
management and budget shall report the actual federal funds received and
appropriated under this section and their actual use to the Legislative
Advisory Commission.
Sec. 8. EFFECTIVE
DATE.
Sections 5 to 7 are effective the day
following final enactment.
ARTICLE 2
AGRICULTURE POLICY
Section 1. Minnesota Statutes 2014, section 3.737, is amended by adding a subdivision to read:
Subd. 6. Federal
reimbursement. The
commissioner must pursue federal reimbursement for any compensation payment
issued under this section while:
(1) the United States Fish and Wildlife
Service lists the Minnesota population of gray wolves as endangered and
threatened wildlife under the federal Endangered Species Act; or
(2) the federal government otherwise
prohibits livestock producers from protecting their livestock from wolf
depredation.
Sec. 2. Minnesota Statutes 2014, section 13.643, subdivision 1, is amended to read:
Subdivision 1. Department
of Agriculture data. (a) Loan and grant applicant data. The following data on applicants,
collected by the Department of Agriculture in its sustainable agriculture revolving
loan and grant programs program under sections 17.115 and
section 17.116, are private or nonpublic: nonfarm income; credit history; insurance
coverage; machinery and equipment list; financial information; and credit
information requests.
(b) Farm advocate data. The following data supplied by farmer clients to Minnesota farm advocates and to the Department of Agriculture are private data on individuals: financial history, including listings of assets and debts, and personal and emotional status information.
Sec. 3. Minnesota Statutes 2014, section 18B.01, subdivision 28, is amended to read:
Subd. 28. Structural
pest. "Structural pest"
means a an invertebrate pest, other than a plant, or
commensal rodent in, on, under, or near a structure such as a
residential or commercial building.
Sec. 4. Minnesota Statutes 2014, section 18B.01, subdivision 29, is amended to read:
Subd. 29. Structural
pest control. "Structural pest
control" means the control of any structural pest through the use of a
device, a procedure, or application of pesticides or through other means
in or around a building or other structures, including trucks, boxcars, ships,
aircraft, docks, and fumigation vaults, and the business activity related to
use of a device, a procedure, or application of a pesticide.
Sec. 5. Minnesota Statutes 2014, section 18B.05, subdivision 1, is amended to read:
Subdivision 1. Establishment. A pesticide regulatory account is established in the agricultural fund. Fees, assessments, and penalties collected under this chapter must be deposited in the agricultural fund and credited to the pesticide regulatory account. Money in the account, including interest, is appropriated to the commissioner for the administration and enforcement of this chapter and up to $20,000 per fiscal year may also be used by the commissioner for purposes of section 18H.14, paragraph (e).
Sec. 6. Minnesota Statutes 2014, section 18B.32, subdivision 1, is amended to read:
Subdivision 1. Requirement. (a) A person may not engage in structural pest control applications:
(1) for hire without a structural pest control license; and
(2) as a sole proprietorship, company, partnership, or corporation unless the person is or employs a licensed master in structural pest control operations.
(b) A structural pest control licensee must
have a valid license identification card when applying to purchase a
restricted use pesticide or apply pesticides for hire and must display it
upon demand by an authorized representative of the commissioner or a law
enforcement officer. The license identification
card must contain information required by the commissioner.
(c) Notwithstanding the licensing
requirements of this subdivision, a person may control the following nuisance
or economically damaging wild animals, by trapping, without a structural pest
control license:
(1) fur-bearing animals, as defined in
section 97A.015, with a valid trapping license or special permit from the
commissioner of natural resources; and
(2) skunks, woodchucks, gophers,
porcupines, coyotes, moles, and weasels.
Sec. 7. Minnesota Statutes 2014, section 18B.33, subdivision 1, is amended to read:
Subdivision 1. Requirement. (a) A person may not apply a pesticide for hire without a commercial applicator license for the appropriate use categories or a structural pest control license.
(b) A commercial applicator licensee must
have a valid license identification card when applying to purchase a
restricted use pesticide or apply pesticides for hire and must display it
upon demand by an authorized representative of the commissioner or a law
enforcement officer. The commissioner
shall prescribe the information required on the license identification card.
Sec. 8. Minnesota Statutes 2014, section 18B.34, subdivision 1, is amended to read:
Subdivision 1. Requirement. (a) Except for a licensed commercial applicator, certified private applicator, or licensed structural pest control applicator, a person, including a government employee, may not purchase or use a restricted use pesticide in performance of official duties without having a noncommercial applicator license for an appropriate use category.
(b) A licensee must have a valid license identification card when applying pesticides and must display it upon demand by an authorized representative of the commissioner or a law enforcement officer. The license identification card must contain information required by the commissioner.
Sec. 9. Minnesota Statutes 2014, section 18C.425, subdivision 6, is amended to read:
Subd. 6. Payment of inspection fee. (a) The person who registers and distributes in the state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411 shall pay the inspection fee to the commissioner.
(b) The person licensed under section 18C.415 who distributes a fertilizer to a person not required to be so licensed shall pay the inspection fee to the commissioner, except as exempted under section 18C.421, subdivision 1, paragraph (b).
(c) The person responsible for payment of
the inspection fees for fertilizers, soil amendments, or plant amendments sold
and used in this state must pay an inspection fee of 30 39 cents
per ton, and until June 30, 2019, an additional 40 cents per ton, of
fertilizer, soil amendment, and plant amendment sold or distributed in this
state, with a minimum of $10 on all tonnage reports. Notwithstanding section 18C.131, the
commissioner must deposit all revenue from the additional 40 cent per ton fee
in the agricultural fertilizer research and education account in section 18C.80. Products sold or distributed to manufacturers
or exchanged between them are exempt from the inspection fee imposed by this
subdivision if the products are used exclusively for manufacturing purposes.
(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant amendment, or soil amendment distribution amounts and inspection fees paid for a period of three years.
Sec. 10. Minnesota Statutes 2014, section 18C.70, subdivision 2, is amended to read:
Subd. 2.
Powers and duties. The council must review applications and
select projects to receive agricultural fertilizer research and education
program grants, as authorized in section 18C.71. The council must establish a program to
provide grants to research, education, and technology transfer projects related
to agricultural fertilizer, soil amendments, and plant amendments. For the purpose of this section,
"fertilizer" includes soil amendments and plant amendments, but does
not include vegetable or animal manures that are not manipulated. The commissioner is responsible for all
fiscal and administrative duties in the first year and may use up to eight
percent of program revenue to offset costs incurred. No later than October 1, 2007, the
commissioner must provide the council with an estimate of the annual costs the
commissioner would incur in administering the program.
Sec. 11. [18C.80]
AGRICULTURAL FERTILIZER RESEARCH AND EDUCATION ACCOUNT.
Subdivision 1. Account;
appropriation. An
agricultural fertilizer research and education account is established in the
agricultural fund. Money in the account,
including interest earned, is appropriated to the commissioner for grants
determined by the Minnesota Agricultural Fertilizer Research and Education
Council under section 18C.71. The
commissioner may use up to $80,000 each fiscal year for direct costs incurred
to provide fiscal and administrative support to the council as required under
section 18C.70, subdivision 2. The
commissioner may also recover associated indirect costs from the account as
required under section 16A.127.
Subd. 2. Expiration. This section expires June 30, 2020.
Sec. 12. Minnesota Statutes 2014, section 18G.10, subdivision 3, is amended to read:
Subd. 3. Cooperative
agreements. The commissioner may
enter into cooperative agreements with federal and state agencies for
administration of the export certification program. An exporter of plants or plant products
desiring to originate shipments from Minnesota to a foreign country requiring a
phytosanitary certificate or export certificate must submit an application to
the commissioner.
Sec. 13. Minnesota Statutes 2014, section 18G.10, subdivision 4, is amended to read:
Subd. 4. Phytosanitary
and export certificates. An
exporter of plants or plant products desiring to originate shipments from
Minnesota to a foreign country requiring a phytosanitary certificate or export
certificate must submit an application to the commissioner. Application for phytosanitary certificates or
export certificates must be made on forms provided or approved by the
commissioner. The commissioner shall
may conduct inspections of plants, plant products, or facilities for
persons that have applied for or intend to apply for a phytosanitary
certificate or export certificate from the commissioner. Inspections must include one or more of
the following as requested or required:
(1)
an inspection of the plants or plant products intended for export under a
phytosanitary certificate or export certificate;
(2) field inspections of growing plants
to determine presence or absence of plant diseases, if necessary;
(3) laboratory diagnosis for presence
or absence of plant diseases, if necessary;
(4) observation and evaluation of
procedures and facilities utilized in handling plants and plant products, if
necessary; and
(5) review of United States Department
of Agriculture, Federal Grain Inspection Service Official Export Grain
Inspection Certificate logs.
The commissioner may issue a phytosanitary certificate or export certificate if the plants or plant products satisfactorily meet the requirements of the importing foreign country and the United States Department of Agriculture requirements. The requirements of the destination countries must be met by the applicant.
Sec. 14. Minnesota Statutes 2014, section 18G.10, subdivision 5, is amended to read:
Subd. 5. Certificate
fees. (a) The commissioner shall
assess the fees in paragraphs (b) to (f) fees sufficient to recover
all costs for the inspection, service, and work performed in carrying out
the issuance of a phytosanitary certificate or export certificate. The inspection fee must be based on
mileage and inspection time.
(b) Mileage charge: current United States Internal Revenue
Service mileage rate.
(c) Inspection time: $50 per hour minimum or fee necessary to
cover department costs. Inspection time
includes the driving time to and from the location in addition to the time
spent conducting the inspection.
(d) (b) If laboratory
analysis or other technical analysis is required to issue a certificate, the
commissioner must set and collect the fee to recover this additional cost.
(e) (c) The certificate fee for
product value greater than $250: is
$75 or a fee amount, not to exceed $300, that is sufficient to recover all
processing costs for each phytosanitary or export certificate issued for
any single shipment valued at more than $250 in addition to any mileage or
inspection time charges that are assessed.
(f) Certificate fee for product value
less than $250: $25 for each
phytosanitary or export certificate issued for any single shipment valued at
less than $250 in addition to any mileage or inspection time charges that are
assessed.
(g) (d) For services
provided for in subdivision 7 that are goods and services provided for the
direct and primary use of a private individual, business, or other entity, the
commissioner must set and collect the fees to cover the cost of the services
provided.
Sec. 15. Minnesota Statutes 2014, section 18H.02, subdivision 20, is amended to read:
Subd. 20. Nursery stock. "Nursery stock" means a plant intended for planting or propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts, cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all viable parts of these plants. Nursery stock does not include:
(1) field and forage crops or sod;
(2) the seeds of grasses, cereal
grains, vegetable crops, and flowers;
(3) vegetable plants, bulbs, or tubers;
(4) cut flowers, unless stems or other portions are intended for propagation;
(5) annuals; or
(6) Christmas trees.
Sec. 16. Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision to read:
Subd. 32a. Sod.
"Sod" means the upper portion of soil that contains the
roots of grasses and the living grass plants.
Sec. 17. Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision to read:
Subd. 35. Tropical
plant. "Tropical
plant" means a plant that has a United States Department of Agriculture
hardiness zone designation of zone 6 or greater, or an annual minimum hardiness
temperature of -9 degrees Fahrenheit.
Sec. 18. Minnesota Statutes 2014, section 18H.06, subdivision 2, is amended to read:
Subd. 2. Occasional
sales. (a) An individual may offer
nursery stock for sale and be exempt from the requirement to obtain a nursery
stock dealer certificate if:
(1) the gross sales of all nursery stock in a calendar year do not exceed $2,000;
(2) all nursery stock sold or distributed by the individual is intended for planting in Minnesota;
(3) all nursery stock purchased or procured for resale or distribution was grown in Minnesota and has been certified by the commissioner; and
(4) the individual conducts sales or distributions of nursery stock on ten or fewer days in a calendar year.
(b) The commissioner may prescribe the conditions of the exempt nursery sales under this subdivision and may conduct routine inspections of the nursery stock offered for sale.
Sec. 19. Minnesota Statutes 2014, section 18H.07, is amended to read:
18H.07
FEE SCHEDULE.
Subdivision 1. Establishment of fees. The commissioner shall establish fees sufficient to allow for the administration and enforcement of this chapter and rules adopted under this chapter, including the portion of general support costs and statewide indirect costs of the agency attributable to that function, with a reserve sufficient for up to six months. The commissioner shall review the fee schedule annually in consultation with the Minnesota Nursery and Landscape Advisory Committee. For the certificate year beginning January 1, 2006, the fees are as described in this section.
Subd. 2. Nursery
stock grower certificate. (a) A
nursery stock grower must pay an annual fee based on the area of all acreage on
which nursery stock is grown for certification as follows:
(1) less than one-half acre, $150;
(2) from one-half acre to two acres, $200;
(3) over two acres up to five acres, $300;
(4) over five acres up to ten acres, $350;
(5) over ten acres up to 20 acres, $500;
(6) over 20 acres up to 40 acres, $650;
(7) over 40 acres up to 50 acres, $800;
(8) over 50 acres up to 200 acres, $1,100;
(9) over 200 acres up to 500 acres, $1,500; and
(10) over 500 acres, $1,500 plus $2 for each additional acre.
(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must be charged for each month, or portion thereof, that the fee is delinquent up to a maximum of 30 percent for any application for renewal not postmarked by December 31 of the current year.
(c) A nursery stock grower found
operating without a valid nursery stock grower certificate cannot offer for
sale or sell nursery stock until: (1)
payment is received by the commissioner for (i) the certificate fee due, and
(ii) a penalty equal to the certificate fee owed; and (2) a new certificate is
issued to the nursery stock grower by the commissioner.
Subd. 3. Nursery stock dealer certificate. (a) A nursery stock dealer must pay an annual fee based on the dealer's gross sales of certified nursery stock per location during the most recent certificate year. A certificate applicant operating for the first time must pay the minimum fee. The fees per sales location are:
(1) gross sales up to $5,000, $150;
(2) gross sales over $5,000 up to $20,000, $175;
(3) gross sales over $20,000 up to $50,000, $300;
(4) gross sales over $50,000 up to $75,000, $425;
(5) gross sales over $75,000 up to $100,000, $550;
(6) gross sales over $100,000 up to $200,000, $675; and
(7) gross sales over $200,000, $800.
(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must be charged for each month, or portion thereof, that the fee is delinquent up to a maximum of 30 percent for any application for renewal not postmarked by December 31 of the current year.
(c)
A nursery stock dealer found operating without a valid nursery stock dealer
certificate cannot offer for sale or sell nursery stock until: (1) payment is received by the commissioner
for (i) the certificate fee due, and (ii) a penalty equal to the certificate
fee owed; and (2) a new certificate is issued to the nursery stock dealer by
the commissioner.
Subd. 4. Reinspection; additional or optional inspection fees. If a reinspection is required or an additional inspection is needed or requested a fee must be assessed based on mileage and inspection time as follows:
(1) mileage must be charged at the current United States Internal Revenue Service reimbursement rate; and
(2) inspection time must be charged at the
rate of $50 per hour a rate sufficient to recover all inspection costs,
including the driving time to and from the location in addition to the time
spent conducting the inspection.
Sec. 20. Minnesota Statutes 2014, section 18H.17, is amended to read:
18H.17
NURSERY AND PHYTOSANITARY ACCOUNT.
A nursery and phytosanitary account is
established in the state treasury. The
fees and penalties collected under this chapter and interest attributable to
money in the account must be deposited in the state treasury and credited to
the nursery and phytosanitary account in the agricultural fund. Money in the account, including interest
earned, is annually appropriated to the commissioner for the administration and
enforcement for this chapter. The
commissioner may spend no more than $20,000 from the account each fiscal year
for purposes of section 18H.14, paragraph (e).
Sec. 21. Minnesota Statutes 2014, section 18J.01, is amended to read:
18J.01
DEFINITIONS.
(a) The definitions in sections 18G.02, 18H.02, 18K.02, 27.01, 223.16, 231.01, and 232.21 apply to this chapter.
(b) For purposes of this chapter, "associated rules" means rules adopted under this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections 21.80 to 21.92.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. Minnesota Statutes 2014, section 18J.02, is amended to read:
18J.02
DUTIES OF COMMISSIONER.
The commissioner shall administer and enforce this chapter, chapters 18G, 18H, 18K, 27, 223, 231, and 232; sections 21.80 to 21.92; and associated rules.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. Minnesota Statutes 2014, section 18J.03, is amended to read:
18J.03
CIVIL LIABILITY.
A person regulated by this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or associated rules by the person's employee or agent.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24. Minnesota Statutes 2014, section 18J.04, subdivision 1, is amended to read:
Subdivision 1. Access and entry. The commissioner, upon presentation of official department credentials, must be granted immediate access at reasonable times to sites where a person manufactures, distributes, uses, handles, disposes of, stores, or transports seeds, plants, grain, household goods, general merchandise, produce, or other living or nonliving products or other objects regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. Minnesota Statutes 2014, section 18J.04, subdivision 2, is amended to read:
Subd. 2. Purpose of entry. (a) The commissioner may enter sites for:
(1) inspection of inventory and equipment for the manufacture, storage, handling, distribution, disposal, or any other process regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;
(2) sampling of sites, seeds, plants, products, grain, household goods, general merchandise, produce, or other living or nonliving objects that are manufactured, stored, distributed, handled, or disposed of at those sites and regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;
(3) inspection of records related to the manufacture, distribution, storage, handling, or disposal of seeds, plants, products, grain, household goods, general merchandise, produce, or other living or nonliving objects regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;
(4) investigating compliance with chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules; or
(5) other purposes necessary to implement chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.
(b) The commissioner may enter any public or private premises during or after regular business hours without notice of inspection when a suspected violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may threaten public health or the environment.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Minnesota Statutes 2014, section 18J.04, subdivision 3, is amended to read:
Subd. 3. Notice of inspection samples and analyses. (a) The commissioner shall provide the owner, operator, or agent in charge with a receipt describing any samples obtained. If requested, the commissioner shall split any samples obtained and provide them to the owner, operator, or agent in charge. If an analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge within 30 days after an analysis has been performed. If an analysis is not performed, the commissioner must notify the owner, operator, or agent in charge within 30 days of the decision not to perform the analysis.
(b) The sampling and analysis must be done according to methods provided for under applicable provisions of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules. In cases not covered by those sections and methods or in cases where methods are available in which improved applicability has been demonstrated the commissioner may adopt appropriate methods from other sources.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 27. Minnesota Statutes 2014, section 18J.04, subdivision 4, is amended to read:
Subd. 4. Inspection requests by others. (a) A person who believes that a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules has occurred may request an inspection by giving notice to the commissioner of the violation. The notice must be in writing, state with reasonable particularity the grounds for the notice, and be signed by the person making the request.
(b) If after receiving a notice of violation the commissioner reasonably believes that a violation has occurred, the commissioner shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if a violation has occurred.
(c) An inspection conducted pursuant to a notice under this subdivision may cover an entire site and is not limited to the portion of the site specified in the notice. If the commissioner determines that reasonable grounds to believe that a violation occurred do not exist, the commissioner must notify the person making the request in writing of the determination.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 28. Minnesota Statutes 2014, section 18J.05, subdivision 1, is amended to read:
Subdivision 1. Enforcement required. (a) A violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or an associated rule is a violation of this chapter.
(b) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws must take action to the extent of their authority necessary or proper for the enforcement of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or valid orders, standards, stipulations, and agreements of the commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Minnesota Statutes 2014, section 18J.05, subdivision 2, is amended to read:
Subd. 2. Commissioner's discretion. If minor violations of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules occur or the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this section does not require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution, stop-sale, or other order.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 30. Minnesota Statutes 2014, section 18J.05, subdivision 6, is amended to read:
Subd. 6. Agent for service of process. All persons licensed, permitted, registered, or certified under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules must appoint the commissioner as the agent upon whom all legal process may be served and service upon the commissioner is deemed to be service on the licensee, permittee, registrant, or certified person.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 31. Minnesota Statutes 2014, section 18J.06, is amended to read:
18J.06
FALSE STATEMENT OR RECORD.
A person must not knowingly make or offer a false statement, record, or other information as part of:
(1) an application for registration, license, certification, or permit under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;
(2) records or reports required under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules; or
(3) an investigation of a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 32. Minnesota Statutes 2014, section 18J.07, subdivision 3, is amended to read:
Subd. 3. Cancellation of registration, permit, license, certification. The commissioner may cancel or revoke a registration, permit, license, or certification provided for under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or refuse to register, permit, license, or certify under provisions of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive practices in the evasion or attempted evasion of a provision of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 33. Minnesota Statutes 2014, section 18J.07, subdivision 4, is amended to read:
Subd. 4. Service of order or notice. (a) If a person is not available for service of an order, the commissioner may attach the order to the facility, site, seed or seed container, plant or other living or nonliving object regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules and notify the owner, custodian, other responsible party, or registrant.
(b) The seed, seed container, plant, or other living or nonliving object regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not be sold, used, tampered with, or removed until released under conditions specified by the commissioner, by an administrative law judge, or by a court.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 34. Minnesota Statutes 2014, section 18J.07, subdivision 5, is amended to read:
Subd. 5. Unsatisfied judgments. (a) An applicant for a license, permit, registration, or certification under provisions of this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not allow a final judgment against the applicant for damages arising from a violation of those statutes or rules to remain unsatisfied for a period of more than 30 days.
(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation of this chapter results in automatic suspension of the license, permit, registration, or certification.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 35. Minnesota Statutes 2014, section 18J.09, is amended to read:
18J.09
CREDITING OF PENALTIES, FEES, AND COSTS.
Penalties, cost reimbursements, fees, and other money collected under this chapter must be deposited into the state treasury and credited to the appropriate nursery and phytosanitary, industrial hemp, or seed account.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 36. Minnesota Statutes 2014, section 18J.11, subdivision 1, is amended to read:
Subdivision 1. General
violation. Except as provided in
subdivisions 2 and, 3, and 4, a person is guilty of a
misdemeanor if the person violates this chapter or an order, standard,
stipulation, agreement, or schedule of compliance of the commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. Minnesota Statutes 2014, section 18J.11, is amended by adding a subdivision to read:
Subd. 4. Controlled
substance offenses. Prosecution
under this section does not preclude prosecution under chapter 152.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 38. [18K.01]
SHORT TITLE.
This chapter may be referred to as the
"Industrial Hemp Development Act."
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 39. [18K.02]
DEFINITIONS.
Subdivision 1. Scope. The definitions in this section apply
to this chapter.
Subd. 2. Commissioner. "Commissioner" means the
commissioner of agriculture.
Subd. 3. Industrial
hemp. "Industrial
hemp" means the plant Cannabis sativa L. and any part of the plant,
whether growing or not, with a delta-9 tetrahydrocannabinol concentration of
not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined
in section 152.01, subdivision 9.
Subd. 4. Marijuana. "Marijuana" has the meaning
given in section 152.01, subdivision 9.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 40. [18K.03]
AGRICULTURAL CROP; POSSESSION AUTHORIZED.
Industrial hemp is an agricultural crop
in this state. A person may possess, transport,
process, sell, or buy industrial hemp that is grown pursuant to this chapter.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 41. [18K.04]
LICENSING.
Subdivision 1. Requirement;
issuance; presumption. (a) A
person must obtain a license from the commissioner before growing industrial
hemp for commercial purposes. A person
must apply to the commissioner in the form prescribed by the commissioner and
must pay the annual registration and inspection fee established by the
commissioner in accordance with section 16A.1285, subdivision 2. The license application must include the name
and address of the applicant and the legal description of the land area or
areas where industrial hemp will be grown by the applicant.
(b) When an applicant has paid the fee
and completed the application process to the satisfaction of the commissioner,
the commissioner must issue a license which is valid until December 31 of the
year of application.
(c) A person licensed under this section
is presumed to be growing industrial hemp for commercial purposes.
Subd. 2. Background
check; data classification. The
commissioner must require each first-time applicant for a license to submit to
a background investigation conducted by the Bureau of Criminal Apprehension as
a condition of licensure. As part of the
background investigation, the Bureau of Criminal Apprehension must conduct
criminal history checks of Minnesota records and is authorized to exchange
fingerprints with the United States Department of Justice, Federal Bureau of
Investigation for the purpose of a criminal background check of the national
files. The cost of the investigation
must be paid by the applicant. Criminal
history records provided to the commissioner under this section must be treated
as private data on individuals, as defined in section 13.02, subdivision 12.
Subd. 3. Federal
requirements. The applicant
must demonstrate to the satisfaction of the commissioner that the applicant has
complied with all applicable federal requirements pertaining to the production,
distribution, and sale of industrial hemp.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 42. [18K.05]
ANNUAL REPORT; SALES NOTIFICATION.
(a) Annually, a licensee must file with
the commissioner:
(1) documentation demonstrating to the
commissioner's satisfaction that the seeds planted by the licensee are of a
type and variety that contain no more than three-tenths of one percent delta-9
tetrahydrocannabinol; and
(2) a copy of any contract to grow
industrial hemp.
(b) Within 30 days, a licensee must
notify the commissioner of each sale or distribution of industrial hemp grown
by the licensee including, but not limited to, the name and address of the
person receiving the industrial hemp and the amount of industrial hemp sold or
distributed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 43. [18K.06]
RULEMAKING.
(a) The commissioner shall adopt rules
governing the production, testing, and licensing of industrial hemp.
(b) Rules adopted under paragraph (a)
must include, but not be limited to, provisions governing:
(1) the supervision and inspection of
industrial hemp during its growth and harvest;
(2)
the testing of industrial hemp to determine delta-9 tetrahydrocannabinol
levels;
(3)
the use of background checks results required under section 18K.04 to approve
or deny a license application; and
(4) any other provision or procedure
necessary to carry out the purposes of this chapter.
(c) Rules issued under this section
must be consistent with federal law regarding the production, distribution, and
sale of industrial hemp.
EFFECTIVE
DATE. This section is
effective the day after the federal government authorizes the commercial
production of industrial hemp in this country.
Sec. 44. [18K.07]
FEES.
Fees collected under this chapter must
be credited to the industrial hemp account, which is hereby established in the
agricultural fund in the state treasury.
Interest earned in the account accrues to the account. Funds in the industrial hemp account are
annually appropriated to the commissioner to implement and enforce this
chapter.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 45. [18K.08]
DEFENSE FOR POSSESSION OF MARIJUANA.
It is an affirmative defense to a
prosecution for the possession of marijuana under chapter 152 if:
(1) the defendant possesses industrial
hemp grown pursuant to this chapter; or
(2) the defendant has a valid
controlled substance registration from the United States Department of Justice,
Drug Enforcement Administration, if required under federal law.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 46. [18K.09]
PILOT PROGRAM; OTHER RESEARCH AUTHORIZED.
Subdivision 1. Authorized
activity. The commissioner
may grow or cultivate industrial hemp pursuant to a pilot program administered
by the commissioner to study the growth, cultivation, or marketing of
industrial hemp. The commissioner may: (1) authorize institutions of higher
education to grow or cultivate industrial hemp as part of the commissioner's
pilot program or as is necessary to perform other agricultural, renewable
energy, or academic research; and (2) contract with public or private entities
for testing or other activities authorized under this subdivision. Authorized activity under this section may
include collecting seed from wild hemp sources.
Subd. 2. Site
registration. Before growing
or cultivating industrial hemp pursuant to this section, each site must be
registered with and certified by the commissioner. A person must register each site annually in
the form prescribed by the commissioner and must pay the annual registration
and certification fee established by the commissioner in accordance with
section 16A.1285, subdivision 2.
Subd. 3. Rulemaking. The commissioner may adopt rules that
govern the pilot program pursuant to this section and Public Law 113-79.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 47. Minnesota Statutes 2014, section 21.89, subdivision 2, is amended to read:
Subd. 2. Permits; issuance and revocation. The commissioner shall issue a permit to the initial labeler of agricultural, vegetable, flower, and wildflower seeds which are sold for use in Minnesota and which conform to and are labeled under sections 21.80 to 21.92. The categories of permits are as follows:
(1) for initial labelers who sell 50,000 pounds or less of agricultural seed each calendar year, an annual permit issued for a fee established in section 21.891, subdivision 2, paragraph (b);
(2) for initial labelers who sell vegetable, flower, and wildflower seed packed for use in home gardens or household plantings, and initial labelers who sell native grasses and wildflower seed in commercial or agricultural quantities, an annual permit issued for a fee established in section 21.891, subdivision 2, paragraph (c), based upon the gross sales from the previous year; and
(3) for initial labelers who sell more than 50,000 pounds of agricultural seed each calendar year, a permanent permit issued for a fee established in section 21.891, subdivision 2, paragraph (d).
In addition, the person shall furnish to the commissioner an itemized statement of all seeds sold in Minnesota for the periods established by the commissioner. This statement shall be delivered, along with the payment of the fee, based upon the amount and type of seed sold, to the commissioner no later than 30 days after the end of each reporting period. Any person holding a permit shall show as part of the analysis labels or invoices on all agricultural, vegetable, flower, wildflower, tree, or shrub seeds all information the commissioner requires. The commissioner may revoke any permit in the event of failure to comply with applicable laws and rules.
Sec. 48. Minnesota Statutes 2014, section 21.891, subdivision 2, is amended to read:
Subd. 2. Seed fee permits. (a) An initial labeler who wishes to sell seed in Minnesota must comply with section 21.89, subdivisions 1 and 2, and the procedures in this subdivision. Each initial labeler who wishes to sell seed in Minnesota must apply to the commissioner to obtain a permit. The application must contain the name and address of the applicant, the application date, and the name and title of the applicant's contact person.
(b) The application for a seed permit
covered by section 21.89, subdivision 2, clause (1), must be accompanied by an
application fee of $50 $75.
(c) The application for a seed permit covered by section 21.89, subdivision 2, clause (2), must be accompanied by an application fee based on the level of annual gross sales as follows:
(1) for gross sales of $0 to $25,000, the
annual permit fee is $50 $75;
(2) for gross sales of $25,001 to $50,000,
the annual permit fee is $100 $150;
(3) for gross sales of $50,001 to
$100,000, the annual permit fee is $200 $300;
(4) for gross sales of $100,001 to
$250,000, the annual permit fee is $500 $750;
(5) for gross sales of $250,001 to
$500,000, the annual permit fee is $1,000 $1,500; and
(6) for gross sales of $500,001 and
above to $1,000,000, the annual permit fee is $2,000 $3,000;
and
(7) for gross sales of $1,000,001 and above, the annual permit fee is $4,500.
(d)
The application for a seed permit covered by section 21.89, subdivision 2,
clause (3), must be accompanied by an application fee of $50 $75. Initial labelers holding seed fee permits
covered under this paragraph need not apply for a new permit or pay the
application fee. Under this permit
category, the fees for the following kinds of agricultural seed sold either in
bulk or containers are:
(1) oats, wheat, and barley, 6.3 9
cents per hundredweight;
(2) rye, field beans, soybeans, buckwheat,
and flax, 8.4 12 cents per hundredweight;
(3) field corn, 29.4 17 cents
per hundredweight 80,000 seed unit;
(4) forage, lawn and turf grasses, and
legumes, 49 69 cents per hundredweight;
(5) sunflower, $1.40 $1.96
per hundredweight;
(6) sugar beet, $3.29 12 cents
per hundredweight 100,000 seed unit; and
(7) soybeans, 7.5 cents per 140,000 seed
unit; and
(7) (8) for any agricultural
seed not listed in clauses (1) to (6) (7), the fee for the crop
most closely resembling it in normal planting rate applies.
(e) If, for reasons beyond the control and knowledge of the initial labeler, seed is shipped into Minnesota by a person other than the initial labeler, the responsibility for the seed fees are transferred to the shipper. An application for a transfer of this responsibility must be made to the commissioner. Upon approval by the commissioner of the transfer, the shipper is responsible for payment of the seed permit fees.
(f) Seed permit fees may be included in the cost of the seed either as a hidden cost or as a line item cost on each invoice for seed sold. To identify the fee on an invoice, the words "Minnesota seed permit fees" must be used.
(g) All seed fee permit holders must file semiannual reports with the commissioner, even if no seed was sold during the reporting period. Each semiannual report must be submitted within 30 days of the end of each reporting period. The reporting periods are October 1 to March 31 and April 1 to September 30 of each year or July 1 to December 31 and January 1 to June 30 of each year. Permit holders may change their reporting periods with the approval of the commissioner.
(h) The holder of a seed fee permit must pay fees on all seed for which the permit holder is the initial labeler and which are covered by sections 21.80 to 21.92 and sold during the reporting period.
(i) If a seed fee permit holder fails to submit a semiannual report and pay the seed fee within 30 days after the end of each reporting period, the commissioner shall assess a penalty of $100 or eight percent, calculated on an annual basis, of the fee due, whichever is greater, but no more than $500 for each late semiannual report. A $15 penalty must be charged when the semiannual report is late, even if no fee is due for the reporting period. Seed fee permits may be revoked for failure to comply with the applicable provisions of this paragraph or the Minnesota seed law.
Sec. 49. Minnesota Statutes 2014, section 21.891, subdivision 5, is amended to read:
Subd. 5. Brand
name registration fee. The fee is $25
$50 for each variety registered for sale by brand name.
Sec. 50. Minnesota Statutes 2014, section 25.341, subdivision 2, is amended to read:
Subd. 2. Application;
fee; term. A person who is required
to have a commercial feed license shall submit an application on a form
provided or approved by the commissioner accompanied by a fee of $25 $75
paid to the commissioner for each location.
A license is not transferable from one person to another, from one
ownership to
another,
or from one location to another. The
license year is the calendar year. A
license expires on December 31 of the year for which it is issued, except that
a license is valid through January 31 of the next year or until the issuance of
the renewal license, whichever comes first, if the licensee has filed a renewal
application with the commissioner on or before December 31 of the year for
which the current license was issued. Any
person who is required to have, but fails to obtain a license or a licensee who
fails to comply with license renewal requirements, shall pay a $50 $100
late fee in addition to the license fee.
Sec. 51. Minnesota Statutes 2014, section 25.39, subdivision 1, is amended to read:
Subdivision 1. Amount of fee. (a) An inspection fee at the rate of 16 cents per ton must be paid to the commissioner on commercial feeds distributed in this state by the person who first distributes the commercial feed, except that:
(1) no fee need be paid on:
(i) a commercial feed if the payment has been made by a previous distributor; or
(ii)
customer formula feeds if the inspection fee is paid on the commercial feeds
which are used as ingredients; or
(2) a Minnesota feed distributor who can substantiate that greater than 50 percent of the distribution of commercial feed is to purchasers outside the state may purchase commercial feeds without payment of the inspection fee under a tonnage fee exemption permit issued by the commissioner. Such location specific permits shall be issued on a calendar year basis to commercial feed distributors who submit a $100 nonrefundable application fee and comply with rules adopted by the commissioner relative to record keeping, tonnage of commercial feed distributed in Minnesota, total of all commercial feed tonnage distributed, and all other information which the commissioner may require so as to ensure that proper inspection fee payment has been made.
(b) In the case of pet food distributed in
the state only in packages of ten pounds or less, a listing of each product and
a current label for each product must be submitted annually on forms provided
by the commissioner and accompanied by an annual fee of $50 $100
for each product in lieu of the inspection fee.
This annual fee is due by July 1.
The inspection fee required by paragraph (a) applies to pet food
distributed in packages exceeding ten pounds.
(c) In the case of specialty pet food
distributed in the state only in packages of ten pounds or less, a listing of
each product and a current label for each product must be submitted annually on
forms provided by the commissioner and accompanied by an annual fee of $25
$100 for each product in lieu of the inspection fee. This annual fee is due by July 1. The inspection fee required by paragraph (a)
applies to specialty pet food distributed in packages exceeding ten pounds.
(d) The minimum inspection fee is $10
$75 per annual reporting period.
Sec. 52. Minnesota Statutes 2014, section 25.39, subdivision 1a, is amended to read:
Subd. 1a. Containers of ten pounds or less. A distributor who is subject to the annual fee specified in subdivision 1, paragraph (b) or (c), shall do the following:
(1) before beginning distribution, file with the commissioner a listing of pet and specialty pet foods to be distributed in the state only in containers of ten pounds or less, on forms provided by the commissioner. The listing under this clause must be renewed annually before July 1 and is the basis for the payment of the annual fee. New products added during the year must be submitted to the commissioner as a supplement to the annual listing before distribution; and
(2)
if the annual renewal of the listing is not received before July 1 or if an
unlisted product is distributed, pay a late filing fee of $10 $100
per product in addition to the normal charge for the listing. The late filing fee under this clause is in
addition to any other penalty under this chapter.
Sec. 53. [28A.152]
COTTAGE FOODS EXEMPTION.
Subdivision 1. Licensing
provisions applicability. (a)
The licensing provisions of sections 28A.01 to 28A.16 do not apply to the
following:
(1) an individual who prepares and
sells food that is not potentially hazardous food, as defined in Minnesota
Rules, part 4626.0020, subpart 62, if the following requirements are met:
(i) the prepared food offered for sale under this clause is labeled to accurately reflect the name and address of the individual preparing and selling the food, the date on which the food was prepared, and the ingredients and any possible allergens; and
(ii) the individual displays at the
point of sale a clearly legible sign or placard stating: "These products are homemade and not
subject to state inspection."; and
(2) an individual who prepares and
sells home-processed and home-canned food products if the following
requirements are met:
(i) the products are pickles,
vegetables, or fruits having an equilibrium pH value of 4.6 or lower;
(ii) the products are home-processed
and home-canned in Minnesota;
(iii) the individual displays at the
point of sale a clearly legible sign or placard stating: "These canned goods are homemade and not
subject to state inspection."; and
(iv) each container of the product sold
or offered for sale under this clause is accurately labeled to provide the name
and address of the individual who processed and canned the goods, the date on
which the goods were processed and canned, and ingredients and any possible
allergens.
(b) An individual who qualifies for an
exemption under paragraph (a), clause (2), is also exempt from the provisions
of sections 31.31 and 31.392.
Subd. 2. Direct
sales to consumers. (a) An
individual qualifying for an exemption under subdivision 1 may sell the exempt
food:
(1) directly to the ultimate consumer;
(2) at a community event or farmers'
market; or
(3) directly from the individual's home
to the consumer, to the extent allowed by local ordinance.
(b) If an exempt food product will be
delivered to the ultimate consumer upon sale of the food product, the
individual who prepared the food product must be the person who delivers the
food product to the ultimate consumer.
(c) Food products exempt under
subdivision 1, paragraph (a), clause (2), may not be sold outside of Minnesota.
(d) Food products exempt under subdivision 1 may be sold over the Internet but must be delivered directly to the ultimate consumer by the individual who prepared the food product. The statement "These products are homemade and not subject to state inspection." must be displayed on the Web site that offers the exempt foods for purchase.
Subd. 3. Limitation on sales. An individual selling exempt foods under this section is limited to total sales with gross receipts of $18,000 or less in a calendar year.
Subd. 4. Registration. An individual who prepares and sells exempt
food under subdivision 1 must register annually with the commissioner. The annual registration fee is $50. An individual with $5,000 or less in annual
gross receipts from the sale of exempt food under this section is not required
to pay the registration fee.
Subd. 5. Training. (a) An individual with gross receipts
between $5,000 and $18,000 in a calendar year from the sale of exempt food
under this section must complete a safe food handling training course that is
approved by the commissioner before registering under subdivision 4. The training shall not exceed eight hours and
must be completed every three years while the individual is registered under
subdivision 4.
(b) An individual with gross receipts of
less than $5,000 in a calendar year from the sale of exempt food under this
section must satisfactorily complete an online course and exam as approved by
the commissioner before registering under subdivision 4. The commissioner shall offer the online
course and exam under this paragraph at no cost to the individual.
Subd. 6. Local
ordinances. This section does
not preempt the application of any business licensing requirement or
sanitation, public health, or zoning ordinance of a political subdivision.
Subd. 7. Account
established. A cottage foods
account is created as a separate account in the agricultural fund in the state
treasury for depositing money received by the commissioner under this section. Money in the account, including interest, is
appropriated to the commissioner for purposes of this section.
Sec. 54. Minnesota Statutes 2014, section 32.075, is amended to read:
32.075
TERM OF LICENSE; TRANSFERABILITY; FEES AND PENALTIES.
Every An initial license
issued by the commissioner shall be for a period ending expires
on the following December 31st day of December next following, and
shall is not be transferable. A renewal license is valid for two years
and expires on December 31 of the second year. The fee for each such an
initial or renewal license shall be $50 and each renewal thereof
shall be $25 and is $60. The fee
shall be paid to the commissioner before any the commissioner issues
an initial or renewal license or renewal thereof is issued. If a license renewal is not applied for on or
before January 1 of each year, a penalty of $10 $30 shall be
imposed. A person who does not renew a
license within one year following its December 31 expiration date, except those
persons who do not renew such license while engaged in active military service,
shall be required to prove competency and qualification pursuant to section
32.073, before a license is issued. The
commissioner may require any other person who renews a license to prove
competency and qualification in the same manner. All license fees and penalties received by
the commissioner shall be paid into the state treasury deposited in
the dairy services account in the agricultural fund.
Sec. 55. Minnesota Statutes 2014, section 32.105, is amended to read:
32.105
MILK PROCUREMENT FEE.
Each dairy plant operator within the state
must pay to the commissioner on or before the 18th of each month a fee of .71
1.1 cents per hundredweight of milk purchased the previous month. If a milk producer within the state ships
milk out of the state for sale, the producer must pay the fee to the
commissioner unless the purchaser voluntarily pays the fee.
Producers who ship milk out of state or processors must submit monthly reports as to milk purchases along with the appropriate procurement fee to the commissioner. The commissioner may have access to all relevant purchase or sale records as necessary to verify compliance with this section and may require the producer or purchaser to produce records as necessary to determine compliance.
The fees collected under this section must be deposited in the dairy services account in the agricultural fund. Money in the account, including interest earned, is appropriated to the commissioner to administer this chapter.
Sec. 56. [41A.14]
AGRICULTURE RESEARCH, EDUCATION, EXTENSION, AND TECHNOLOGY TRANSFER GRANT
PROGRAM.
Subdivision 1. Duties;
grants. The agriculture
research, education, extension, and technology transfer grant program is
created. The purpose of the grant
program is to provide investments that will most efficiently achieve long-term
agricultural productivity increases through improved infrastructure, vision,
and accountability. The scope and intent
of the grants, to the extent possible, shall provide for a long-term base
funding that allows the research grantee to continue the functions of the
research, education, and extension efforts to a practical conclusion. Priority for grants shall be given to human
infrastructure. The commissioner shall
provide grants for:
(1) agricultural research and
technology transfer needs and recipients including agricultural research and
extension at the University of Minnesota, research and outreach centers, the
College of Food, Agricultural and Natural Resource Sciences, the Minnesota
Agricultural Experiment Station, University of Minnesota Extension Service, the
University of Minnesota Veterinary School, the Veterinary Diagnostic
Laboratory, the Stakman‑Borlaug Center, and the Minnesota Agriculture
Fertilizer Research and Education Council;
(2) agriculture rapid response for
plant and animal diseases and pests; and
(3) agricultural education including
but not limited to the Minnesota Agriculture Education Leadership Council, farm
business management, mentoring programs, graduate debt forgiveness, and high
school programs.
Subd. 2. Advisory
panel. In awarding grants
under this section, the commissioner must consult with an advisory panel
consisting of the following stakeholders:
(1) a representative of the College of
Food, Agricultural and Natural Resource Sciences at the University of Minnesota;
(2) a representative of the Minnesota
State Colleges and Universities system;
(3) a representative of the Minnesota
Farm Bureau;
(4) a representative of the Minnesota
Farmers Union;
(5) a person representing agriculture
industry statewide;
(6) a representative of each of the
state commodity councils organized under section 17.54 and the Minnesota Pork
Board;
(7) a person representing an
association of primary manufacturers of forest products;
(8) a person representing organic or
sustainable agriculture; and
(9) a person representing statewide
environment and natural resource conservation organizations.
Subd. 3. Account. An agriculture research, education,
extension, and technology transfer account is created in the agricultural fund
in the state treasury. The account
consists of money received in the form of gifts, grants, reimbursement, or
appropriations from any source for any of the purposes provided in subdivision
1, and any interest or earnings of the account.
Money in the account is appropriated to the commissioner of agriculture
for the purposes under subdivision 1.
Sec. 57. [41A.15]
DEFINITIONS.
Subdivision 1. Scope. For the purposes of sections 41A.15 to
41A.18, the terms defined in this section have the meanings given them.
Subd. 2. Advanced
biofuel. "Advanced
biofuel" has the meaning given in section 239.051, subdivision 1a.
Subd. 3. Biomass
thermal production. "Biomass
thermal production" means the generation of energy for commercial heat or
industrial process heat from a cellulosic material or other material composed
of forestry or agricultural feedstocks for a new or expanding capacity facility
or a facility that is displacing existing use of fossil fuel after the
effective date of this section.
Subd. 4. Cellulosic
biomass. "Cellulosic
biomass" means material primarily made up of cellulose, hemicellulose, or
lingnin, or a combination of those ingredients.
Subd. 5. Cellulosic
sugar. "Cellulosic
sugar" means sugar derived from cellulosic biomass from agricultural or
forestry resources.
Subd. 6. Commissioner. "Commissioner" means the
commissioner of agriculture.
Subd. 7. Cover
crops. "Cover
crops" means grasses, legumes, forbs, or other herbaceous plants that are
known to be noninvasive and not listed as a noxious weed in Minnesota and that
are either interseeded into living cash crops or planted on agricultural fields
during fallow periods for seasonal cover and conservation purposes.
Subd. 8. MMbtu. "MMbtu" means 1,000,000
British thermal units.
Subd. 9. Perennial
crops. "Perennial
crops" means agriculturally produced plants that are known to be
noninvasive and not listed as a noxious weed in Minnesota and that have a life
cycle of at least three years at the location where the plants are being cultivated. Biomass from alfalfa produced in a two-year
rotation shall be considered a perennial crop.
Subd. 10. Renewable
chemical. "Renewable
chemical" means a chemical with biobased content as defined in section
41A.105, subdivision 1a.
Sec. 58. [41A.16]
ADVANCED BIOFUEL PRODUCTION INCENTIVE.
Subdivision 1. Eligibility. (a) A facility eligible for payment
under this section must source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or less from
the state border, raw materials may be sourced from within a 100-mile radius. Raw materials must be from agricultural or
forestry sources or from solid waste. The
facility must be located in Minnesota, must begin production at a specific
location by June 30, 2025, and must not begin operating above 95,000 MMbtu of
annual biofuel production before July 1, 2015.
Eligible facilities include existing companies and facilities that are
adding advanced biofuel production capacity, or retrofitting existing capacity,
as well as new companies and facilities.
Production of conventional corn ethanol and conventional biodiesel is not eligible.
Eligible advanced biofuel facilities must produce at least 95,000 MMbtu
a year.
(b)
No payments shall be made for advanced biofuel production that occurs after
June 30, 2035, for those eligible biofuel producers under paragraph (a).
(c) An eligible producer of advanced
biofuel shall not transfer the producer's eligibility for payments under this
section to an advanced biofuel facility at a different location.
(d) A producer that ceases production
for any reason is ineligible to receive payments under this section until the
producer resumes production.
(e) Renewable chemical production for
which payment has been received under section 41A.17, and biomass thermal
production for which payment has been received under section 41A.18, are not
eligible for payment under this section.
Subd. 2. Payment amounts; limits. (a) The commissioner shall make payments to eligible producers of advanced biofuel. The amount of the payment for each eligible producer's annual production is $2.1053 per MMbtu for advanced biofuel production from cellulosic biomass, and $1.053 per MMbtu for advanced biofuel production from sugar or starch at a specific location for ten years after the start of production.
(b) Total payments under this section
to an eligible biofuel producer in a fiscal year may not exceed the amount
necessary for 2,850,000 MMbtu of biofuel production. Total payments under this section to all
eligible biofuel producers in a fiscal year may not exceed the amount necessary
for 17,100,000 MMbtu of biofuel production.
The commissioner shall award payments on a first-come, first-served
basis within the limits of available funding.
(c) For purposes of this section, an
entity that holds a controlling interest in more than one advanced biofuel
facility is considered a single eligible producer.
Subd. 3. Perennial
and cover crops required. To
be eligible for payment under this section, a producer that produces advanced
biofuel from agricultural cellulosic biomass other than corn kernel fiber or
biogas must derive at least the following portions of the producer's total
eligible MMbtus from perennial crop or cover crop biomass:
(1) ten percent during the first two
years of eligible production;
(2) 30 percent during the third and
fourth years of eligible production; and
(3) 50 percent during the fifth through
tenth years of eligible production.
Subd. 4. Cellulosic
forestry biomass requirements. All
forestry-derived cellulosic biomass must be produced using Minnesota state
biomass harvesting guidelines or the equivalent. All biomass from brushlands must be produced
using Minnesota brushland harvesting biomass harvest guidelines or the
equivalent. Forestry-derived cellulosic
biomass that comes from land parcels greater than 160 acres must be certified
by the Forest Stewardship Council, Sustainable Forestry Initiative, or American
Tree Farm System. Uncertified land from
parcels of 160 acres or less and federal land must be harvested by a logger who
has completed training for biomass harvesting from the Minnesota logger
education program or the equivalent and have a forest stewardship plan.
Subd. 5. Agricultural
cellulosic biomass sourcing plan. (a)
An eligible producer who utilizes agricultural cellulosic biomass must submit a
responsible biomass sourcing plan for approval by the commissioner prior to
applying for payments under this section.
The commissioner shall make the plan publicly available. The plan must:
(1) provide a detailed explanation of
how agricultural cellulosic biomass will be produced and managed in a way that
preserves soil quality, does not increase soil and nutrient runoff, avoids
introduction of harmful invasive species, limits negative impacts on wildlife
habitat, and reduces greenhouse gas emissions;
(2)
include the producer's approach to verifying that biomass suppliers are
following the plan;
(3) discuss how new technologies and practices that are not yet commercially viable may be encouraged and adopted during the life of the facility, and how the producer will encourage continuous improvement during the life of the project;
(4) include specific numeric goals and
timelines for making progress;
(5) require agronomic practices that
result in a positive Natural Resources Conservation Service Soil Conditioning
Index score for acres from which biomass from corn stover will be harvested;
and
(6) include biennial soil sampling to
verify maintained or increased levels of soil organic matter.
(b) An eligible producer who utilizes
agricultural cellulosic biomass and receives payments under this section shall submit an annual report on the producer's
responsible biomass sourcing plan to the commissioner by January 15 each
year. The report must include data on
progress made by the producer in meeting specific goals laid out in the plan. The commissioner shall make the report
publicly available. The commissioner
shall perform an annual review of submitted reports and may make a
determination that the producer is not following the plan based on the reports
submitted. The commissioner may take
appropriate steps, including reducing or ceasing payments, until the producer
is in compliance with the plan.
Subd. 6. Claims. (a) By the last day of October,
January, April, and July, each eligible biofuel producer shall file a claim for
payment for advanced biofuel production during the preceding three calendar
months. An eligible biofuel producer
that files a claim under this subdivision shall include a statement of the
eligible biofuel producer's total advanced biofuel production in Minnesota
during the quarter covered by the claim.
For each claim and statement of total advanced biofuel production filed
under this subdivision, the volume of advanced biofuel production must be
examined by a CPA firm with a valid permit to practice under chapter 326A, in
accordance with Statements on Standards for Attestation Engagements established
by the American Institute of Certified Public Accountants.
(b) The commissioner must issue
payments by November 15, February 15, May 15, and August 15. A separate payment must be made for each
claim filed.
Sec. 59. [41A.17]
RENEWABLE CHEMICAL PRODUCTION INCENTIVE.
Subdivision 1. Eligibility. (a) A facility eligible for payment
under this program must source at least 80 percent biobased content, as defined
in section 41A.105, subdivision 1a, clause (1), from Minnesota. If a facility is sited 50 miles or less from
the state border, biobased content must be sourced from within a 100-mile
radius. Biobased content must be from
agricultural or forestry sources or from solid waste. The facility must be located in Minnesota,
must begin production at a specific location by June 30, 2025, and must not
begin production of 3,000,000 pounds of chemicals annually before January 1,
2015. Eligible facilities include
existing companies and facilities that are adding production capacity, or
retrofitting existing capacity, as well as new companies and facilities. Eligible renewable chemical facilities must
produce at least 3,000,000 pounds per year.
Renewable chemicals produced through processes that are fully commercial
before January 1, 2000, are not eligible.
(b) No payments shall be made for
renewable chemical production that occurs after June 30, 2035, for those
eligible renewable chemical producers under paragraph (a).
(c) An eligible producer of renewable
chemicals shall not transfer the producer's eligibility for payments under this
section to a renewable chemical facility at a different location.
(d)
A producer that ceases production for any reason is ineligible to receive
payments under this section until the producer resumes production.
(e) Advanced biofuel production for
which payment has been received under section 41A.16, and biomass thermal
production for which payment has been received under section 41A.18, are not
eligible for payment under this section.
Subd. 2. Payment amounts; bonus; limits. (a) The commissioner shall make payments to eligible producers of renewable chemicals located in the state. The amount of the payment for each producer's annual production is $0.03 per pound of sugar-derived renewable chemical, $0.03 per pound of cellulosic sugar, and $0.06 per pound of cellulosic-derived renewable chemical produced at a specific location for ten years after the start of production.
(b) An eligible facility producing
renewable chemicals using agricultural cellulosic biomass is eligible for a 20
percent bonus payment for each MMbtu produced from agricultural biomass that is
derived from perennial crop or cover crop biomass.
(c) Total payments under this section to
an eligible renewable chemical producer in a fiscal year may not exceed the
amount necessary for 99,999,999 pounds of renewable chemical production. Total payments under this section to all
eligible renewable chemical producers in a fiscal year may not exceed the
amount necessary for 599,999,999 pounds of renewable chemical production. The commissioner shall award payments on a
first-come, first-served basis within the limits of available funding.
(d) For purposes of this section, an
entity that holds a controlling interest in more than one renewable chemical
production facility is considered a single eligible producer.
Subd. 3. Cellulosic
biomass requirements. All
forestry-derived cellulosic biomass must be produced using Minnesota state
biomass harvesting guidelines or the equivalent. All cellulosic biomass from brushlands must
be produced using Minnesota brushland harvesting biomass harvest guidelines or
the equivalent. Forestry-derived
cellulosic biomass that comes from land parcels greater than 160 acres must be
certified by the Forest Stewardship Council, Sustainable Forestry Initiative,
or American Tree Farm System. Uncertified
land from parcels of 160 acres or less and federal land must be harvested by a
logger who has completed training for biomass harvesting from the Minnesota
logger education program or the equivalent and have a forest stewardship plan.
Subd. 4. Agricultural
cellulosic biomass sourcing plan. (a)
An eligible producer who utilizes agricultural cellulosic biomass must submit a
responsible biomass sourcing plan to the commissioner prior to applying for
payments under this section. The plan
must:
(1) provide a detailed explanation of
how agricultural cellulosic biomass will be produced and managed in a way that
preserves soil quality, does not increase soil and nutrient runoff, avoids
introduction of harmful invasive species, limits negative impacts on wildlife
habitat, and reduces greenhouse gas emissions;
(2) include the producer's approach to
verifying that biomass suppliers are following the plan;
(3) discuss how new technologies and
practices that are not yet commercially viable may be encouraged and adopted
during the life of the facility, and how the producer will encourage continuous
improvement during the life of the project; and
(4) include specific numeric goals and
timelines for making progress.
(b) An eligible producer who utilizes agricultural
cellulosic biomass and receives payments under this section shall submit an annual report on the producer's
responsible biomass sourcing plan to the commissioner by January 15 each
year. The report must include data on
progress made by the producer in meeting specific goals laid out in the
plan. The commissioner shall make the report
publicly available. The commissioner
shall perform an annual review of submitted reports and may make a
determination that the producer is not following the plan based on the reports
submitted. The commissioner may take
appropriate steps, including reducing or ceasing payments, until the producer
is in compliance with the plan.
Subd. 5. Claims. (a) By the last day of October,
January, April, and July, each eligible renewable chemical producer shall file
a claim for payment for renewable chemical production during the preceding
three calendar months. An eligible
renewable chemical producer that files a claim under this subdivision shall
include a statement of the eligible producer's total renewable chemical
production in Minnesota during the quarter covered by the claim. For each claim and statement of total
renewable chemical production filed under this paragraph, the volume of
renewable chemical production must be examined by a CPA firm with a valid
permit to practice under chapter 326A, in accordance with Statements on
Standards for Attestation Engagements established by the American Institute of
Certified Public Accountants.
(b) The commissioner must issue payments by November 15, February 15, May 15, and August 15. A separate payment must be made for each claim filed.
Sec. 60. [41A.18]
BIOMASS THERMAL PRODUCTION INCENTIVE.
Subdivision 1. Eligibility. (a) A facility eligible for payment
under this section must source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or less from
the state border, raw materials should be sourced from within a 100-mile radius. Raw materials must be from agricultural or
forestry sources. The facility must be
located in Minnesota, must have begun production at a specific location by June
30, 2025, and must not begin before July 1, 2015. Eligible facilities include existing
companies and facilities that are adding production capacity, or retrofitting
existing capacity, as well as new companies and facilities. Eligible biomass thermal production
facilities must produce at least 1,000 MMbtu per year.
(b) No payments shall be made for
biomass thermal production that occurs after June 30, 2035, for those eligible
biomass thermal producers under paragraph (a).
(c) An eligible producer of biomass
thermal production shall not transfer the producer's eligibility for payments
under this section to a biomass thermal production facility at a different
location.
(d) A producer that ceases production
for any reason is ineligible to receive payments under this section until the
producer resumes production.
(e) Biofuel production for which payment
has been received under section 41A.16, and renewable chemical production for
which payment has been received under section 41A.17, are not eligible for
payment under this section.
Subd. 2. Payment
amounts; bonus; limits; blending. (a)
The commissioner shall make payments to eligible producers of biomass thermal
located in the state. The amount of the
payment for each producer's annual production is $5.00 per MMbtu of biomass
thermal production produced at a specific location for ten years after the
start of production.
(b) An eligible facility producing
biomass thermal using agricultural cellulosic biomass is eligible for a 20
percent bonus payment for each MMbtu produced from agricultural biomass that is
derived from perennial crop or cover crop biomass.
(c) Total payments under this section to
an eligible thermal producer in a fiscal year may not exceed the amount
necessary for 30,000 MMbtu of thermal production. Total payments under this section to all
eligible thermal producers in a fiscal year may not exceed the amount necessary
for 150,000 MMbtu of total thermal production.
The commissioner shall award payments on a first-come, first-served
basis within the limits of available funding.
(d)
An eligible facility may blend a cellulosic feedstock with other fuels in the
biomass thermal production facility, but only the percentage attributable to
cellulosic material is eligible to receive payment.
(e) For purposes of this section, an entity that holds a controlling interest in more than one biomass thermal production facility is considered a single eligible producer.
Subd. 3. Cellulosic biomass requirements. All forestry-derived cellulosic biomass must be produced using Minnesota state biomass harvesting guidelines or the equivalent. All biomass from brushland must be produced using Minnesota brushland harvesting biomass guidelines or the equivalent. Forestry-derived cellulosic biomass that comes from land parcels greater than 160 acres must be certified by the Forest Stewardship Council, the Sustainable Forestry Initiative, or American Tree Farm. Uncertified land from parcels of 160 acres or less and federal land must be harvested by a logger who has completed training for biomass harvesting from the Minnesota logger education program or the equivalent and have a forest stewardship plan.
Subd. 4. Agricultural
cellulosic biomass sourcing plan. (a)
An eligible producer who utilizes agricultural cellulosic biomass must submit a
responsible biomass sourcing plan to the commissioner prior to applying for
payments under this section. The plan must:
(1) provide a detailed explanation of
how agricultural cellulosic biomass will be produced and managed in a way that
preserves soil quality, does not increase soil and nutrient runoff, avoids
introduction of harmful invasive species, limits negative impacts on wildlife
habitat, and reduces greenhouse gas emissions;
(2) include the producer's approach to
verifying that biomass suppliers are following the plan;
(3) discuss how new technologies and
practices that are not yet commercially viable may be encouraged and adopted
during the life of the facility, and how the producer will encourage continuous
improvement during the life of the project; and
(4) include specific numeric goals and
timelines for making progress.
(b) An eligible producer who utilizes
agricultural cellulosic biomass and receives payments under this section shall submit an annual report on the producer's
responsible biomass sourcing plan to the commissioner by January 15 each
year. The report must include data on
progress made by the producer in meeting specific goals laid out in the plan. The commissioner shall make the report
publicly available. The commissioner
shall perform an annual review of submitted reports and may make a
determination that the producer is not following the plan based on the reports
submitted. The commissioner may take
appropriate steps, including reducing or ceasing payments, until the producer
is in compliance with the plan.
Subd. 5. Claims. (a) By the last day of October,
January, April, and July, each producer shall file a claim for payment for
biomass thermal production during the preceding three calendar months. A producer that files a claim under this
subdivision shall include a statement of the producer's total biomass thermal
production in Minnesota during the quarter covered by the claim. For each claim and statement of total biomass
thermal production filed under this paragraph, the volume of biomass thermal
production must be examined by a CPA firm with a valid permit to practice under
chapter 326A, in accordance with Statements on Standards for Attestation
Engagements established by the American Institute of Certified Public
Accountants.
(b) The commissioner must issue
payments by November 15, February 15, May 15, and August 15. A separate payment shall be made for each
claim filed.
Sec. 61. [41A.19]
REPORT; INCENTIVE PROGRAMS.
By January 15 each year, the
commissioner shall report on the incentive programs under sections 41A.16,
41A.17, and 41A.18 to the legislative committees with jurisdiction over
environment and agriculture policy and finance.
The report shall include information on production and incentive
expenditures under the programs.
Sec. 62. Minnesota Statutes 2014, section 41B.03, subdivision 6, is amended to read:
Subd. 6. Application
fee. The authority may impose a
reasonable nonrefundable application fee for each application submitted for a
beginning farmer loan or a seller-sponsored loan. The application fee is initially $50. The authority may review the fee annually and
make adjustments as necessary. The fee
must be deposited in the state treasury and credited to an account in the
special revenue fund. Money in the
account is appropriated to the commissioner for administrative expenses of the
beginning farmer and seller-sponsored loan programs the Rural Finance
Authority administrative account established in subdivision 7.
Sec. 63. Minnesota Statutes 2014, section 41B.03, is amended by adding a subdivision to read:
Subd. 7. Rural
Finance Authority administrative account.
There is established in the agricultural fund a Rural Finance
Authority administrative account. Money
in the account, including interest, is appropriated to the commissioner of
agriculture for the administrative expenses of the loan programs administered
by the Rural Finance Authority.
Sec. 64. Minnesota Statutes 2014, section 41B.04, subdivision 17, is amended to read:
Subd. 17. Application
and origination fee. The authority
may impose a reasonable nonrefundable application fee for each application and
an origination fee for each loan issued under the loan restructuring program. The origination fee is 1.5 percent of the
authority's participation interest in the loan and the application fee is $50. The authority may review the fees annually
and make adjustments as necessary. The
fees must be deposited in the state treasury and credited to an account in
the special revenue fund. Money in the
account is appropriated to the commissioner for administrative expenses of the
loan restructuring program the Rural Finance Authority administrative
account established in section 41B.03.
Sec. 65. Minnesota Statutes 2014, section 41B.043, subdivision 3, is amended to read:
Subd. 3. Application
and origination fee. The authority
may impose a reasonable nonrefundable application fee for each application
submitted for a participation issued under the agricultural improvement loan
program. The application fee is
initially $50. The authority may review
the fees annually and make adjustments as necessary. The fees must be deposited in the state
treasury and credited to an account in the special revenue fund. Money in this account is appropriated to the
commissioner for administrative expenses of the agricultural improvement loan program
the Rural Finance Authority administrative account established in section
41B.03.
Sec. 66. Minnesota Statutes 2014, section 41B.045, subdivision 3, is amended to read:
Subd. 3. Specifications. No loan may be made to refinance an
existing debt. Each loan
participation must be secured by a mortgage on real property and such other
security as the authority may require.
Sec. 67. Minnesota Statutes 2014, section 41B.045, subdivision 4, is amended to read:
Subd. 4. Application and origination fee. The authority may impose a reasonable nonrefundable application fee for each application for a loan participation and an origination fee for each loan issued under the livestock expansion loan program. The origination fee initially shall be set at 1.5 percent and the application fee at $50. The
authority
may review the fees annually and make adjustments as necessary. The fees must be deposited in the state
treasury and credited to an account in the special revenue fund. Money in this account is appropriated to the
commissioner for administrative expenses of the livestock expansion loan
program the Rural Finance Authority administrative account established
in section 41B.03.
Sec. 68. Minnesota Statutes 2014, section 41B.046, subdivision 5, is amended to read:
Subd. 5. Loans. (a) The authority may participate in a stock loan with an eligible lender to a farmer who is eligible under subdivision 4. Participation is limited to 45 percent of the principal amount of the loan or $40,000, whichever is less. The interest rates and repayment terms of the authority's participation interest may differ from the interest rates and repayment terms of the lender's retained portion of the loan, but the authority's interest rate must not exceed 50 percent of the lender's interest rate.
(b) No more than 95 percent of the purchase price of the stock may be financed under this program.
(c) Security for stock loans must be the stock purchased, a personal note executed by the borrower, and whatever other security is required by the eligible lender or the authority.
(d) The authority may impose a reasonable
nonrefundable application fee for each application for a stock loan. The authority may review the fee annually and
make adjustments as necessary. The
application fee is initially $50. Application
fees received by the authority must be deposited in the revolving loan
account established in section 41B.06 Rural Finance Authority
administrative account established in section 41B.03.
(e) Stock loans under this program will be made using money in the revolving loan account established in section 41B.06.
(f) The authority may not grant stock loans in a cumulative amount exceeding $2,000,000 for the financing of stock purchases in any one cooperative.
(g) Repayments of financial assistance under this section, including principal and interest, must be deposited into the revolving loan account established in section 41B.06.
Sec. 69. Minnesota Statutes 2014, section 41B.047, subdivision 1, is amended to read:
Subdivision 1. Establishment. The authority shall establish and implement a disaster recovery loan program to help farmers:
(1) clean up, repair, or replace farm
structures and septic and water systems, as well as replace seed, other crop
inputs, feed, and livestock, when damaged by high winds, hail, tornado, or
flood; or
(2) purchase watering systems, irrigation
systems, and other drought mitigation systems and practices when drought is the
cause of the purchase.;
(3) restore farmland; or
(4) replace flocks, make building
improvements, and cover the loss of revenue when the replacement, improvements,
or loss of revenue is due to the confirmed presence of the highly pathogenic
avian influenza in a commercial poultry or game flock located in Minnesota.
Sec. 70. Minnesota Statutes 2014, section 41B.047, subdivision 3, is amended to read:
Subd. 3. Eligibility. To be eligible for this program, a borrower must:
(1) meet the requirements of section 41B.03, subdivision 1;
(2) certify that the damage or loss was (i) sustained within a county that was the subject of a state or federal disaster declaration or (ii) due to the confirmed presence of the highly pathogenic avian influenza in a commercial poultry or game flock located in Minnesota;
(3) demonstrate an ability to repay the
loan; and
(4) have a total net worth, including
assets and liabilities of the borrower's spouse and dependents, of less than
$660,000 in 2004 and an amount in subsequent years which is adjusted for
inflation by multiplying that amount by the cumulative inflation rate as
determined by the Consumer Price Index; and
(5) (4) have received at least
50 percent of average annual gross income from farming for the past three
years.
Sec. 71. Minnesota Statutes 2014, section 41B.047, subdivision 4, is amended to read:
Subd. 4. Loans. (a) The authority may participate in a
disaster recovery loan with an eligible lender to a farmer who is eligible
under subdivision 3. Participation is
limited to 45 percent of the principal amount of the loan or $50,000 $200,000,
whichever is less. The interest rates
and repayment terms of the authority's participation interest may differ from
the interest rates and repayment terms of the lender's retained portion of the
loan, but the authority's interest rate must not exceed four percent.
(b) Standards for loan amortization shall be set by the Rural Finance Authority not to exceed ten years.
(c) Security for the disaster recovery loans must be a personal note executed by the borrower and whatever other security is required by the eligible lender or the authority.
(d) The authority may impose a reasonable
nonrefundable application fee for a disaster recovery loan. The authority may review the fee annually and
make adjustments as necessary. The
application fee is initially $50. Application
fees received by the authority must be deposited in the revolving loan
account established under section 41B.06 Rural Finance Authority
administrative account established in section 41B.03.
(e) Disaster recovery loans under this program will be made using money in the revolving loan account established under section 41B.06.
(f) Repayments of financial assistance under this section, including principal and interest, must be deposited into the revolving loan account established under section 41B.06.
Sec. 72. Minnesota Statutes 2014, section 41B.048, subdivision 6, is amended to read:
Subd. 6. Loans. (a) The authority may disburse loans through a fiscal agent to farmers and agricultural landowners who are eligible under subdivision 5. The total accumulative loan principal must not exceed $75,000 per loan.
(b) The fiscal agent may impose a loan origination fee in the amount of one percent of the total approved loan. This fee is to be paid by the borrower to the fiscal agent at the time of loan closing.
(c) The loan may be disbursed over a period not to exceed 12 years.
(d) A borrower may receive loans, depending on the availability of funds, for planted areas up to 160 acres for up to:
(1) the total amount necessary for establishment of the crop;
(2) the total amount of maintenance costs, including weed control, during the first three years; and
(3) 70 percent of the estimated value of one year's growth of the crop for years four through 12.
(e) Security for the loan must be the crop, a personal note executed by the borrower, an interest in the land upon which the crop is growing, and whatever other security is required by the fiscal agent or the authority. All recording fees must be paid by the borrower.
(f) The authority may prescribe forms and establish an application process for applicants to apply for a loan.
(g) The authority may impose a reasonable,
nonrefundable application fee for each application for a loan under this
program. The application fee is
initially $50. Application fees received
by the authority must be deposited in the revolving loan account established
under section 41B.06 Rural Finance Authority administrative account
established in section 41B.03.
(h) Loans under the program must be made using money in the revolving loan account established under section 41B.06.
(i) All repayments of financial assistance granted under this section, including principal and interest, must be deposited into the revolving loan account established under section 41B.06.
(j) The interest payable on loans made by the authority for the agroforestry loan program must, if funded by revenue bond proceeds, be at a rate not less than the rate on the revenue bonds, and may be established at a higher rate necessary to pay costs associated with the issuance of the revenue bonds and a proportionate share of the cost of administering the program. The interest payable on loans for the agroforestry loan program funded from sources other than revenue bond proceeds must be at a rate determined by the authority.
(k) Loan principal balance outstanding plus all assessed interest must be repaid within 120 days of harvest, but no later than 15 years from planting.
Sec. 73. Minnesota Statutes 2014, section 41B.049, subdivision 4, is amended to read:
Subd. 4. Loans. (a) The authority may make a direct loan or participate in a loan with an eligible lender to a farmer who is eligible under subdivision 3. Repayment terms of the authority's participation interest may differ from repayment terms of the lender's retained portion of the loan. Loans made under this section must be no-interest loans.
(b) Application for a direct loan or a loan participation must be made on forms prescribed by the authority.
(c) Standards for loan amortization shall be set by the Rural Finance Authority not to exceed ten years.
(d) Security for the loans must be a personal note executed by the borrower and whatever other security is required by the eligible lender or the authority.
(e) No loan proceeds may be used to refinance a debt existing prior to application.
(f)
The authority may impose a reasonable nonrefundable application fee for each
application for a direct loan or a loan participation. The authority may review the application fees
annually and make adjustments as necessary.
The application fee is initially set at $100 for a loan under
subdivision 1. The fees received by the
authority must be deposited in the revolving loan account established in
section 41B.06 Rural Finance Authority administrative account
established in section 41B.03.
Sec. 74. Minnesota Statutes 2014, section 41B.055, subdivision 3, is amended to read:
Subd. 3. Loans. (a) The authority may participate in a livestock equipment loan equal to 90 percent of the purchased equipment value with an eligible lender to a farmer who is eligible under subdivision 2. Participation is limited to 45 percent of the principal amount of the loan or $40,000, whichever is less. The interest rates and repayment terms of the authority's participation interest may differ from the interest rates and repayment terms of the lender's retained portion of the loan, but the authority's interest rate must not exceed three percent. The authority may review the interest annually and make adjustments as necessary.
(b) Standards for loan amortization must be set by the Rural Finance Authority and must not exceed ten years.
(c) Security for a livestock equipment loan must be a personal note executed by the borrower and whatever other security is required by the eligible lender or the authority.
(d) Refinancing of existing debt is not an eligible purpose.
(e) The authority may impose a reasonable,
nonrefundable application fee for a livestock equipment loan. The authority may review the fee annually and
make adjustments as necessary. The
initial application fee is $50. Application
fees received by the authority must be deposited in the revolving loan
account established in section 41B.06 Rural Finance Authority
administrative account established in section 41B.03.
(f)
Loans under this program must be made using money in the revolving loan account
established in section 41B.06.
Sec. 75. Minnesota Statutes 2014, section 41B.056, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Intermediary" means any lending institution or other organization of a for-profit or nonprofit nature that is in good standing with the state of Minnesota that has the appropriate business structure and trained personnel suitable to providing efficient disbursement of loan funds and the servicing and collection of loans.
(c) "Specialty crops" means agricultural crops, such as annuals, flowers, perennials, and other horticultural products, that are intensively cultivated.
(d) "Eligible livestock" means poultry
that has been allowed access to the outside, sheep, or goats beef
cattle, dairy cattle, swine, poultry, goats, mules, farmed cervidae, ratitae, bison,
sheep, horses, and llamas.
Sec. 76. [41B.057]
FARM OPPORTUNITY LOAN PROGRAM.
Subdivision 1. Establishment. The authority shall establish a farm
opportunity loan program to provide loans that enable farmers to:
(1) add value to crops or livestock
produced in Minnesota;
(2) adopt best management practices
that emphasize sufficiency and self-sufficiency;
(3)
reduce or improve management of agricultural inputs resulting in environmental
improvements; or
(4) increase production of on-farm energy.
Subd. 2. Loan
criteria. (a) The farm
opportunity loan program shall provide loans for purchase of new or used
equipment and installation of equipment for projects that make environmental
improvements and enhance farm profitability.
The loan program shall also be used to add value to crops or livestock
produced in Minnesota by, but not limited to, initiating or expanding livestock
product processing; purchasing equipment to initiate, upgrade, or modernize
value-added agricultural businesses; or increasing farmers' processing and
aggregating capacity facilitating entry into farm-to-institution and other
markets. Eligible loan uses do not
include expenses related to seeds, fertilizer, fuel, or other operating
expenses.
(b) The authority may impose a
reasonable, nonrefundable application fee for a farm opportunity loan. The authority may review the fee annually and
make adjustments as necessary. The
initial application fee is $50. Application
fees received by the authority must be deposited in the Rural Finance Authority
administrative account established in section 41B.03.
(c) Loans may only be made to Minnesota
residents engaged in farming. Standards
for loan amortization must be set by the Rural Finance Authority and must not
exceed ten years.
(d) The borrower must show the ability
to repay the loan.
(e) Refinancing of existing debt is not
an eligible expense.
(f)
Loans under this program must be made using money in the revolving loan account
established in section 41B.06.
Subd. 3. Loan
participation. The authority
may participate in a farm opportunity loan with an eligible lender, as defined
in section 41B.02, subdivision 8, to a farmer or a group of farmers on joint
projects who are eligible under subdivision 2, paragraph (c), and who are
actively engaged in farming. Participation
is limited to 45 percent of the principal amount of the loan or $45,000 per
individual, whichever is less. For loans
to a group made up of four or more individuals, participation is limited to 45
percent of the principal amount of the loan or $180,000, whichever is less. The interest rate on the loans must not
exceed six percent.
Sec. 77. Minnesota Statutes 2014, section 41B.06, is amended to read:
41B.06
RURAL FINANCE AUTHORITY REVOLVING LOAN ACCOUNT.
There is established in the rural finance
administration fund a Rural Finance Authority revolving loan account that is
eligible to receive appropriations and the transfer of loan funds from other
programs. All repayments of financial
assistance granted from this account, including principal and interest, must be
deposited into this account. Interest
earned on money in the account accrues to the account, and the money in the
account is appropriated to the commissioner of agriculture for purposes of the
Rural Finance Authority livestock equipment, methane digester, disaster
recovery, value-added agricultural product, agroforestry, and
agricultural microloan, and farm opportunity loan programs, including
costs incurred by the authority to establish and administer the programs.
Sec. 78. Minnesota Statutes 2014, section 135A.52, is amended by adding a subdivision to read:
Subd. 6. Farm
business management. Minnesota
State Colleges and Universities campuses that offer farm business management
may specify space availability in the delivery of farm business management
courses.
Sec. 79. Minnesota Statutes 2014, section 375.30, subdivision 2, is amended to read:
Subd. 2. Wild
hemp. A county board, by resolution,
may appropriate and spend money as necessary to spray and otherwise eradicate
wild hemp, commonly known as marijuana, on private property within the
county. The county board may authorize
the use of county equipment, personnel and supplies and materials to spray or
otherwise eradicate wild hemp on private property, and may pro rate the
expenses involved between the county and owner or occupant of the property. Industrial hemp grown by a person licensed
under chapter 18K is not wild hemp.
Sec. 80. Minnesota Statutes 2014, section 500.24, subdivision 4, is amended to read:
Subd. 4. Reports. (a) The chief executive officer of every pension or investment fund, corporation, limited partnership, limited liability company, or entity that is seeking to qualify for an exemption from the commissioner, and the trustee of a family farm trust that holds any interest in agricultural land or land used for the breeding, feeding, pasturing, growing, or raising of livestock, dairy or poultry, or products thereof, or land used for the production of agricultural crops or fruit or other horticultural products, other than a bona fide encumbrance taken for purposes of security, or which is engaged in farming or proposing to commence farming in this state after May 20, 1973, shall file with the commissioner a report containing the following information and documents:
(1) the name of the pension or investment fund, corporation, limited partnership, or limited liability company and its place of incorporation, certification, or registration;
(2) the address of the pension or investment plan headquarters or of the registered office of the corporation in this state, the name and address of its registered agent in this state and, in the case of a foreign corporation, limited partnership, or limited liability company, the address of its principal office in its place of incorporation, certification, or registration;
(3) the acreage and location listed by quarter-quarter section, township, and county of each lot or parcel of agricultural land or land used for the keeping or feeding of poultry in this state owned or leased by the pension or investment fund, limited partnership, corporation, or limited liability company;
(4) the names and addresses of the officers, administrators, directors, or trustees of the pension or investment fund, or of the officers, shareholders owning more than ten percent of the stock, including the percent of stock owned by each such shareholder, the members of the board of directors of the corporation, and the members of the limited liability company, and the general and limited partners and the percentage of interest in the partnership by each partner;
(5) the farm products which the pension or investment fund, limited partnership, corporation, or limited liability company produces or intends to produce on its agricultural land;
(6) with the first report, a copy of the title to the property where the farming operations are or will occur indicating the particular exception claimed under subdivision 3; and
(7) with the first or second report, a copy of the conservation plan proposed by the soil and water conservation district, and with subsequent reports a statement of whether the conservation plan was implemented.
The report of a corporation, trust, limited liability company, or partnership seeking to qualify hereunder as a family farm corporation, an authorized farm corporation, an authorized livestock farm corporation, a family farm partnership, an authorized farm partnership, a family farm limited liability company, an authorized farm limited liability company, or a family farm trust or under an exemption from the commissioner shall contain the following additional information: the number of shares, partnership interests, or governance and financial rights owned by persons or current beneficiaries of a family farm trust residing on the farm or actively engaged in farming, or their
relatives within the third degree of kindred according to the rules of the civil law or their spouses; the name, address, and number of shares owned by each shareholder, partnership interests owned by each partner or governance and financial rights owned by each member, and a statement as to percentage of gross receipts of the corporation derived from rent, royalties, dividends, interest, and annuities. No pension or investment fund, limited partnership, corporation, or limited liability company shall commence farming in this state until the commissioner has inspected the report and certified that its proposed operations comply with the provisions of this section.
(b) Every pension or investment fund, limited partnership, trust, corporation, or limited liability company as described in paragraph (a) shall, prior to April 15 of each year, file with the commissioner a report containing the information required in paragraph (a), based on its operations in the preceding calendar year and its status at the end of the year. A pension or investment fund, limited partnership, corporation, or limited liability company that does not file the report by April 15 must pay a $500 civil penalty. The penalty is a lien on the land being farmed under subdivision 3 until the penalty is paid.
(c) The commissioner may, for good cause shown, issue a written waiver or reduction of the civil penalty for failure to make a timely filing of the annual report required by this subdivision. The waiver or reduction is final and conclusive with respect to the civil penalty, and may not be reopened or modified by an officer, employee, or agent of the state, except upon a showing of fraud or malfeasance or misrepresentation of a material fact. The report required under paragraph (b) must be completed prior to a reduction or waiver under this paragraph. The commissioner may enter into an agreement under this paragraph only once for each corporation or partnership.
(d) All reports required by paragraph
(a) shall include a filing fee of $15. The
fee must be deposited in the state treasury and credited to an account in the
agricultural fund. Money in the account,
including interest, is appropriated to the commissioner for the administrative
expenses of this section.
(d) (e) Failure to file a
required report or the willful filing of false information is a gross
misdemeanor.
Sec. 81. Minnesota Statutes 2014, section 583.215, is amended to read:
583.215
EXPIRATION.
Sections
336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and 583.20 to
583.32, expire June 30, 2016 2017.
EFFECTIVE
DATE. This section is
effective May 23, 2016, if the legislature does not meet in regular session in
calendar year 2016 before May 23, 2016. If
the legislature meets in regular session in calendar year 2016 before May 23,
2016, this section is void.
Sec. 82. Laws 2014, chapter 312, article 12, section 3, is amended to read:
Sec. 3. AGRICULTURE. |
|
$-0- |
|
$2,750,000 |
$2,000,000 in 2015 is for a grant to Second
Harvest Heartland on behalf of the six Feeding America food banks that serve
Minnesota to compensate agricultural producers and processors for costs
incurred to harvest and package for transfer surplus fruits, vegetables, or
other agricultural commodities that would otherwise go unharvested or,
be discarded, or be sold in a secondary market. Surplus commodities must be distributed
statewide to food shelves and other charitable organizations that are eligible
to receive food from the food banks. Surplus
food acquired under this appropriation must be from Minnesota producers and
processors.
Second
Harvest Heartland must report when required by, and in the form prescribed by,
the commissioner. For fiscal year
2015, Second Harvest Heartland may use up to 11 percent of any grant
received for administrative expenses and up to four percent of the grant for
transportation expenses. For
fiscal years 2016 and 2017, Second Harvest Heartland may use up to five percent
of any grant received for administrative
expenses. This is a onetime appropriation and is
available until June 30, 2017.
The commissioner shall examine how other states are implementing the industrial hemp research authority provided in Public Law 113-79 and gauge the interest of Minnesota higher education institutions. No later than January 15, 2015, the commissioner must report the information and items for legislative consideration to the legislative committees with jurisdiction over agriculture policy and finance.
$350,000 in 2015 is for an increase in retail food handler inspections.
$200,000 in 2015 is added to the appropriation in Laws 2013, chapter 114, article 1, section 3, subdivision 4, for distribution to the state's county fairs. This is a onetime appropriation.
$200,000 in 2015 is for a grant as determined by the commissioner to a public higher education institution to research porcine epidemic diarrhea virus. This is a onetime appropriation and is available until June 30, 2017.
Sec. 83. LIVESTOCK
INDUSTRY STUDY.
The commissioner of agriculture must
identify causes of the relative growth or decline in the number of head of
poultry and livestock produced in Minnesota, Iowa, North Dakota, South Dakota,
Wisconsin, and Nebraska over the last ten years, including but not limited to
the impact of nuisance conditions and lawsuits filed against poultry or
livestock farms. No later than February
1, 2016, the commissioner must report findings by poultry and livestock sector
and provide recommendations on how to strengthen and expand Minnesota animal
agriculture to the legislative committees with jurisdiction over agriculture
policy and finance.
Sec. 84. CORRECTIONAL
FACILITY VOCATIONAL TRAINING PILOT PROGRAM.
Subdivision 1. Pilot
program. The commissioner of
agriculture must coordinate a pilot program operated by the Northeast Regional
Corrections Center to train inmates for careers as meat cutters upon release. The commissioner must facilitate program
development and ensure that the program prepares inmates to meet applicable
food safety and licensure requirements.
Subd. 2. Program
development. In facilitating
development of the pilot program, the commissioner must consult with the
commissioner of employment and economic development and a representative of
each of the following organizations:
(1) Northeast Regional Corrections
Center; and
(2) United Food and Commercial Workers.
Subd. 3. Report
required. No later than
February 1, 2017, the commissioner must report on the progress and outcomes of
the program to the legislative committees with jurisdiction over agriculture,
economic development, higher education, and public safety.
Subd. 4. Expiration. This section expires on June 30, 2017.
Sec. 85. URBAN
AGRICULTURE DEVELOPMENT PROPOSAL.
The commissioner of agriculture must
convene interested stakeholders and develop a proposal to effectively and
efficiently promote urban agriculture in Minnesota cities. For purposes of this section, "urban
agriculture" means producing agricultural plants, poultry, or livestock on
public or private property within city limits.
No later than January 15, 2016, the commissioner must report to the
legislative committees with jurisdiction over agriculture policy and finance
and submit proposed legislation that includes a new definition of urban
agriculture if the commissioner and stakeholders determine that a different
definition more accurately defines urban agriculture.
Sec. 86. BALANCES
TRANSFERRED; ACCOUNTS ABOLISHED.
The balances in the accounts created
under Minnesota Statutes, sections 41B.03, subdivision 6; 41B.04, subdivision
17; 41B.043, subdivision 3; and 41B.045, subdivision 4, are transferred to the
Rural Finance Authority administrative account established under Minnesota
Statutes, section 41B.03, subdivision 7, and the original accounts are
abolished.
The balance in the account created
under Minnesota Statutes, section 17.115, is transferred to the Rural Finance
Authority revolving loan account established under Minnesota Statutes, section 41B.06,
and the original account is abolished.
Sec. 87. REPEALER.
Minnesota Statutes 2014, sections
17.115; 28A.15, subdivisions 9 and 10; and 116V.03, are repealed.
ARTICLE 3
ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
Section 1. ENVIRONMENT
AND NATURAL RESOURCES APPROPRIATIONS.
|
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are available
for the fiscal years indicated for each purpose. The figures "2016" and
"2017" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2016, or June 30, 2017,
respectively. "The first year"
is fiscal year 2016. "The second
year" is fiscal year 2017. "The
biennium" is fiscal years 2016 and 2017.
Appropriations for the fiscal year ending June 30, 2015, are effective
the day following final enactment.
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|
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APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2016 |
2017 |
Sec. 2. POLLUTION
CONTROL AGENCY |
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The amounts that may be spent for each
purpose are specified in the following subdivisions.
The commissioner must present the agency's
biennial budget for fiscal years 2018 and 2019 to the legislature in a
transparent way by agency division, including the proposed budget bill and
presentations of the budget to committees and divisions with jurisdiction over
the agency's budget.
Subd. 2. Water
|
|
26,388,000
|
|
26,081,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
4,307,000
|
3,627,000
|
State Government Special Revenue |
75,000
|
75,000
|
Environmental |
22,006,000
|
22,379,000
|
$1,959,000 the first year and $1,959,000
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.
$753,000 the first year and $765,000 the
second year are from the environmental fund to address the need for continued
increased activity in the areas of new technology review, technical assistance
for local governments, and enforcement under Minnesota Statutes, sections 115.55
to 115.58, and to complete the requirements of Laws 2003, chapter 128, article
1, section 165.
$673,000 the first year and $683,000 the
second year are from the environmental fund for subsurface sewage treatment
system (SSTS) program administration and community technical assistance and
education, including grants and technical assistance to communities for water
quality protection. Of this amount,
$129,000 each year is for assistance to counties through grants for SSTS
program administration. A county receiving
a grant from this appropriation shall 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.
$107,000 the first year and $109,000 the
second year are from the environmental fund for registration of wastewater
laboratories.
$913,000 the first year and $913,000 the
second year are from the environmental fund to continue perfluorochemical
biomonitoring in eastern metropolitan communities, as recommended by the
Environmental Health Tracking and Biomonitoring Advisory Panel, and address
other environmental health risks, including air quality. The communities must include Hmong and other
immigrant farming communities. Of this
amount, up to $677,000 the first year and $677,000 the second year are for
transfer to the Department of Health.
$250,000 the first year and $250,000 the
second year are from the general fund for:
(1) a municipal liaison to assist municipalities
in implementing and participating in the water quality standards rulemaking
process and navigating the NPDES/SDS permitting process;
(2) enhanced economic analysis in the water quality standards rulemaking process, including more specific analysis and identification of cost-effective permitting;
(3) development of statewide economic
analyses and templates to reduce the amount of information and time required
for municipalities to apply for variances
from water quality standards; and
(4) coordinating with the Public
Facilities Authority to identify and advocate for the resources needed for
municipalities to achieve permit requirements.
$500,000 the first year is for independent
peer reviews under Minnesota Statutes, section 115.035, and cost analyses of
water quality standards and rules. A
portion of this appropriation may be transferred to the commissioner of
management and budget for water quality standards cost analyses.
$200,000 the first year is for a grant to
the Red River Basin Commission for development of a water quality strategic
plan for the Red River of the North. This
is a onetime appropriation and is available until June 30, 2018. The plan must include, but is not limited to,
consistency in water quality goals and objectives for the Red River of the
North and pollution reduction allocations for both point and nonpoint sources
on the Red River of the North and for individual major watersheds tributary to
the Red River of the North. The Red
River Basin Commission must involve the
interests
of local, state, and federal government, business and industry, environmental
groups, and Red River Basin landowners. The
Red River Basin Commission must report progress on the plan to the house of
representatives and senate committees and divisions with jurisdiction over
environment policy and finance by February 15 in 2016 and 2017, and must submit
the completed plan by December 31, 2017.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or before June 30, 2017, as grants or
contracts for subsurface sewage treatment systems, surface water and
groundwater assessments, total maximum daily loads, storm water, and water
quality protection in this subdivision are available until June 30, 2020.
Subd. 3. Air
|
|
15,640,000
|
|
16,087,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
Environmental |
15,640,000
|
16,087,000
|
$202,000 the first year and $204,000 the
second year are from the environmental fund for a monitoring program under
Minnesota Statutes, section 116.454.
Up to $150,000 the first year and $150,000
the second year may be transferred from the environmental fund to the small
business environmental improvement loan account established in Minnesota
Statutes, section 116.993.
$340,000 the first year and $346,000 the
second year are from the environmental fund for monitoring ambient air for
hazardous pollutants.
$691,000 the first year and $693,000 the
second year are from the environmental fund for emission reduction activities
and grants to small businesses and other nonpoint emission reduction efforts. Of this amount, $100,000 the first year and
$100,000 the second year is to continue work with Clean Air Minnesota, and the
commissioner may enter into an agreement with Environmental Initiative to support
this effort. Any unexpended balance in
the first year does not cancel but is available in the second year.
Subd. 4. Land
|
|
21,663,000
|
|
18,584,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
Environmental |
7,031,000
|
7,150,000
|
Remediation |
14,632,000 |
11,434,000 |
All
money for environmental response, compensation, and compliance in the
remediation fund not otherwise appropriated is appropriated to the
commissioners of the Pollution Control Agency and agriculture for purposes of
Minnesota Statutes, section 115B.20, subdivision 2, clauses (1), (2), (3), (6),
and (7). At the beginning of each fiscal
year, the two commissioners shall jointly submit an annual spending plan to the
commissioner of management and budget that maximizes the utilization of
resources and appropriately allocates the money between the two departments. This appropriation is available until June
30, 2017.
$4,279,000 the first year and $4,343,000
the second year are from the remediation fund for purposes of the leaking underground
storage tank program to investigate, clean up, and prevent future releases from
underground petroleum storage tanks, and to the petroleum remediation program
for purposes of vapor assessment and remediation. These same annual amounts are transferred
from the petroleum tank fund to the remediation fund.
$252,000 the first year and $252,000 the
second year are from the remediation fund for transfer to the commissioner of
health for private water supply monitoring and health assessment costs in areas
contaminated by unpermitted mixed municipal solid waste disposal facilities and
drinking water advisories and public information activities for areas
contaminated by hazardous releases.
$743,000 the first year is transferred
from the general account in the remediation fund to the dry cleaner
environmental response and reimbursement account in the remediation fund for
the purpose of remediating land contaminated by a release from a dry cleaning
facility, as provided under Minnesota Statutes, section 115B.50. The commissioner shall prioritize
expenditures from this transfer to address contaminated sites that pose the
greatest risk to public health or welfare or to the environment, as established
in Minnesota Statutes, section 115B.17, subdivision 13. This is a onetime transfer. The commissioner shall reimburse only a
person who otherwise would not be responsible for a release or threatened
release under Minnesota Statutes, section 115B.03, for all but $10,000 of the
environmental response costs incurred by the person if the commissioner
determines that the costs are reasonable and were actually incurred. To be eligible for reimbursement from this
transfer, a person seeking reimbursement must make a request to the
commissioner, as required under Minnesota Statutes, section 115B.50,
subdivision 2, on or before the day following final enactment of this act.
$868,000 the first year is from the
remediation fund for a grant to the city of Mountain Iron for remediation of
the abandoned wastewater treatment pond of the former Nichols Township. This is a onetime appropriation that is
available until June 30, 2019.
Subd. 5. Environmental
Assistance and Cross-Media |
|
30,891,000
|
|
31,032,000
|
Appropriations
by Fund |
||
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2016
|
2017
|
Environmental |
28,803,000
|
28,932,000
|
General |
2,088,000
|
2,100,000
|
$17,250,000 the first year and $17,250,000
the second year are from the environmental fund for SCORE block grants to
counties.
$119,000 the first year and $119,000 the
second year are from the environmental fund for environmental assistance grants
or loans under Minnesota Statutes, section 115A.0716. Any unencumbered grant and loan balances in
the first year do not cancel but are available for grants and loans in the
second year.
$90,000 the first year and $90,000 the
second year are from the environmental fund for duties related to harmful
chemicals in products under Minnesota Statutes, sections 116.9401 to 116.9407. Of this amount, $57,000 each year is
transferred to the commissioner of health.
$203,000 the first year and $207,000 the
second year are from the environmental fund for the costs of implementing
general operating permits for feedlots over 1,000 animal units.
$315,000 the first year and $319,000 the
second year are from the general fund and $192,000 the first year and $192,000
the second year are from the environmental fund for Environmental Quality Board
operations and support.
$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.
$502,000 the first year and $503,000 the
second year are from the general fund for the Environmental Quality Board to
lead an interagency team to provide technical assistance regarding the mining, processing,
and transporting of silica sand. Of this
amount, up to $75,000 each year may be transferred to the commissioner of
natural resources to review the implementation of the rules adopted by the
commissioner pursuant to Laws 2013, chapter 114, article 4, section 105,
paragraph (b), pertaining to the reclamation of silica sand mines, to ensure
that local government reclamation programs are implemented in a manner
consistent with the rules.
$450,000 the first year and $450,000 the
second year are from the environmental fund to develop and maintain systems to
support permitting and regulatory business processes and agency data. This is a onetime appropriation.
$1,000,000
the first year and $1,000,000 the second year are for competitive recycling grants
under Minnesota Statutes, section 115A.565.
This appropriation is available until June 30, 2018.
$50,000 the first year and $50,000 the
second year are to acquire and co-locate waste and recycling receptacles, in
cooperation with the commissioner of administration, at the State Office
Building. Any remaining funds may be
used for these purposes at other facilities within the Capitol complex. This is a onetime appropriation.
All money deposited in the environmental
fund for the metropolitan solid waste landfill fee in accordance with Minnesota
Statutes, section 473.843, and not otherwise appropriated, is appropriated for the purposes of Minnesota
Statutes, section 473.844.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations encumbered on or before June 30, 2017, as
contracts or grants for surface water and groundwater assessments;
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, 2019.
Subd. 6. Transfers
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|
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By June 30, 2016, the commissioner of management
and budget shall transfer $51,308,000 from the closed landfill investment fund
to the general fund.
The commissioner of the Pollution Control
Agency shall transfer $8,100,000 in fiscal year 2016 from the metropolitan
landfill contingency action trust account in Minnesota Statutes, section
473.845, to the commissioner of management and budget for cancellation to the
general fund.
Subd. 7. Remediation
Fund |
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|
|
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The commissioner shall transfer up to
$42,000,000 from the environmental fund to the remediation fund for the
purposes of the remediation fund under Minnesota Statutes, section 116.155,
subdivision 2.
$2,500,000 is transferred from the
petroleum tank fund to the remediation fund and is appropriated in the first
year to the commissioner for a grant to the city of Paynesville to add an air
stripping treatment process to a water treatment plant for removal of volatile
organic compounds. This appropriation is
effective January 1, 2016.
Sec. 3. NATURAL
RESOURCES |
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Subdivision
1. Total Appropriation |
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$263,944,000 |
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$261,979,000 |
Appropriations
by Fund |
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2016
|
2017
|
General |
75,331,000
|
74,062,000
|
Natural Resources |
84,927,000
|
85,603,000
|
Game and Fish |
102,386,000
|
102,014,000
|
Remediation |
1,100,000
|
100,000
|
Permanent School |
200,000
|
200,000
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The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Land
and Mineral Resources Management |
|
6,461,000
|
|
5,521,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
1,585,000
|
1,585,000
|
Natural Resources |
3,332,000
|
3,392,000
|
Game and Fish |
344,000
|
344,000
|
Remediation |
1,000,000
|
-0-
|
Permanent School |
200,000
|
200,000
|
$68,000 the first year and $68,000 the
second year are for minerals cooperative environmental research, of which
$34,000 the first year and $34,000 the second year are available only as
matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind.
$251,000 the first year and $251,000 the
second year are for iron ore cooperative research. Of this amount, $200,000 each year is from
the minerals management account in the natural resources fund. $175,000 the first year and $175,000 the
second year are available only as matched by $1 of nonstate money for each $1
of state money. The match may be cash or
in-kind. Any unencumbered balance from
the first year does not cancel and is available in the second year.
$2,755,000 the first year and $2,815,000
the second year are from the minerals management account in the natural
resources fund for use as provided in Minnesota Statutes, section 93.2236,
paragraph (c), for mineral resource management, projects to enhance future
mineral income, and projects to promote new mineral resource opportunities.
$200,000
the first year and $200,000 the second year are from the state forest suspense
account in the permanent school fund to accelerate land exchanges, land sales,
and commercial leasing of school trust lands and to identify, evaluate, and
lease construction aggregate located on school trust lands. This appropriation is to be used for securing
long-term economic return from the school trust lands consistent with fiduciary
responsibilities and sound natural resources conservation and management
principles.
Notwithstanding Minnesota Statutes,
section 115B.20, $1,000,000 the first year is from the dedicated account within
the remediation fund for the purposes of Minnesota Statutes, section 115B.20,
subdivision 2, clause (4), to acquire salt lands as described under Minnesota
Statutes, section 92.05, within Bear Head Lake State Park. This is a onetime appropriation and is
available until
June 30, 2018.
Subd. 3. Ecological
and Water Resources |
|
32,414,000
|
|
32,167,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
17,526,000
|
17,110,000
|
Natural Resources |
10,502,000
|
10,576,000
|
Game and Fish |
4,386,000
|
4,481,000
|
$3,242,000 the first year and $3,242,000
the second year are from the invasive species account in the natural resources
fund and $3,206,000 the first year and $3,206,000 the second year are from the
general fund for management, public awareness, assessment and monitoring
research, and water access inspection to prevent the spread of invasive
species; management of invasive plants in public waters; and management of
terrestrial invasive species on state-administered lands.
$5,000,000 the first year and $5,000,000
the second year are from the water management account in the natural resources
fund for only the purposes specified in Minnesota Statutes, section 103G.27,
subdivision 2.
$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.
$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.
$264,000
the first year and $264,000 the second year are for grants for up to 50 percent
of the cost of implementation of the Red River mediation agreement.
$2,018,000 the first year and $2,018,000
the second year are from the heritage enhancement account in the game and fish
fund for only the purposes specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
$950,000 the first year and $950,000 the
second year are from the nongame wildlife management account in the natural
resources fund for the purpose of nongame wildlife management. Notwithstanding Minnesota Statutes, section
290.431, $100,000 the first year and $100,000 the second year may be used for
nongame wildlife information, education, and promotion.
$6,000,000 the first year and $6,000,000
the second year are from the general fund for the following activities:
(1) financial reimbursement and technical
support to soil and water conservation districts or other local units of
government for groundwater level monitoring;
(2) surface water monitoring and analysis,
including installation of monitoring gauges;
(3) groundwater analysis to assist with
water appropriation permitting decisions;
(4) permit application review
incorporating surface water and groundwater technical analysis;
(5) precipitation data and analysis to
improve the use of irrigation;
(6) information technology, including
electronic permitting and integrated data systems; and
(7) compliance and monitoring.
$10,000 the first year and $64,000 the
second year are to study, in cooperation with the Board of Water and Soil
Resources, the feasibility of the state assuming administration of the section
404 permit program of the federal Clean Water Act as required in this act. This is a onetime appropriation.
$100,000 the first year is to develop cost
estimates, in cooperation with the Metropolitan Council, for the augmentation
of White Bear Lake with water from the Sucker Lake chain of lakes. The commissioner must submit a report with
the cost estimates developed under this paragraph to the chairs and ranking
minority members of the house of representatives and senate committees
and
divisions with jurisdiction over environment and natural resources policy and
finance by February 1, 2016. This is a
onetime appropriation.
The commissioner of natural resources must
create a groundwater model that uses existing data for the Bonanza Valley
Groundwater Management Area to describe the current groundwater conditions and
characterize the nature and extent of the primary aquifers and the relationship
of surface water and groundwater.
$400,000 the first year is for grants to
assist in the construction of flood protection rural and farmstead ring levees
in the Red River watershed. Grants may
not exceed 50 percent of the cost of the projects. This is a onetime appropriation and is
available until June 30, 2019.
$75,000 is for a grant to the city of
Virginia for erosion control on the northeast side of Silver Lake to protect
public and private property and infrastructure.
Subd. 4. Forest
Management |
|
39,614,000
|
|
39,781,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
26,446,000
|
26,350,000
|
Natural Resources |
11,881,000
|
12,144,000
|
Game and Fish |
1,287,000
|
1,287,000
|
$7,145,000 the first year and $7,145,000
the second year are for prevention, presuppression, and suppression costs of
emergency firefighting and other costs incurred under Minnesota Statutes,
section 88.12. The amount necessary to
pay for presuppression and suppression costs during the biennium is
appropriated from the general fund.
By January 15 of each year, the
commissioner of natural resources shall submit a report to the chairs and
ranking minority members of the house and senate committees and divisions
having jurisdiction over environment and natural resources finance, identifying
all firefighting costs incurred and reimbursements received in the prior fiscal
year. These appropriations may not be
transferred. Any reimbursement of
firefighting expenditures made to the commissioner from any source other than
federal mobilizations shall be deposited into the general fund.
$11,881,000 the first year and $12,144,000
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. The base for
fiscal year 2018 and later is $11,644,000.
$1,287,000
the first year and $1,287,000 the second year are from the heritage enhancement
account in the game and fish fund to advance ecological classification systems
(ECS) scientific management tools for forest and invasive species management. This appropriation is from revenue deposited
in the game and fish fund under Minnesota Statutes, section 297A.94, paragraph
(e), clause (1).
$780,000 the first year and $780,000 the
second year are for the Forest Resources Council for implementation of the
Sustainable Forest Resources Act.
$250,000 the first year and $250,000 the
second year are for the FORIST system.
At least $500,000 the first year is for
forest road maintenance. The
commissioner shall use the money to perform needed maintenance on forest roads
in conjunction with timber sales.
The commissioner shall contract with a
telecommunication provider to place a cell phone transmitter on the ranger
tower on Side Lake in St. Louis County.
Subd. 5. Parks
and Trails Management |
|
74,064,000
|
|
73,650,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
24,967,000
|
24,427,000
|
Natural Resources |
46,831,000
|
46,950,000
|
Game and Fish |
2,266,000
|
2,273,000
|
$1,075,000 the first year and $1,075,000
the second year are from the water recreation account in the natural resources
fund for enhancing public water access facilities.
$5,740,000 the first year and $5,740,000
the second year are from the natural resources fund for state trail, park, and
recreation area operations. This
appropriation is from the revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (2).
$1,005,000 the first year and $1,005,000 the
second year are from the natural resources fund for park and trail grants to
local units of government on land to be maintained for at least 20 years for
the purposes of the grants. This
appropriation is from the revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (4). Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
$8,424,000
the first year and $8,424,000 the second year are from the snowmobile trails
and enforcement account in the natural resources fund for the snowmobile
grants-in-aid program. Any unencumbered
balance does not cancel at the end of the first year and is available for the
second year.
$1,360,000 the first year and $1,360,000
the second year are from the natural resources fund for the off-highway vehicle
grants-in-aid program. Of this amount,
$1,210,000 each year is from the all‑terrain vehicle account; and $150,000
each year is from the off‑highway
motorcycle account. Any unencumbered
balance does not cancel at the end of the first year and is available for the
second year.
$75,000 the first year and $75,000 the
second year are from the cross-country ski account in the natural resources
fund for grooming and maintaining cross-country ski trails in state parks,
trails, and recreation areas.
$250,000 the first year and $250,000 the
second year are from the state land and water conservation account (LAWCON) 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.
$968,000 the first year and $968,000 the
second year are from the off-road vehicle account in the natural resources fund. Of this amount, $568,000 each year is for
parks and trails management for off-road vehicle purposes; $325,000 each year
is for the off-road vehicle grant in aid program; and $75,000 each year is for
a new full-time employee position or contract in northern Minnesota to work in
conjunction with the Minnesota Four-Wheel Drive Association to address off-road
vehicle touring routes and other issues related to off-road vehicle activities. Of this appropriation, the $325,000 each year
is onetime.
$65,000 the first year is from the water
recreation account in the natural resources fund to cooperate with local units
of government in marking routes and designating river accesses and campsites
under Minnesota Statutes, section 85.32.
This is a onetime appropriation and is available until June 30, 2019.
$190,000 the first year is for a grant to the
city of Virginia for the additional cost of supporting a trail due to the
rerouting of U.S. Highway No. 53. This
is a onetime appropriation and is available until June 30, 2019.
$50,000 the first year is for development
of a master plan for the Mississippi Blufflands Trail, including work on
possible extensions or connections to other state or regional trails. This is a onetime appropriation that is
available until June 30, 2017.
$61,000
from the natural resources fund the first year is for a grant to the city of
East Grand Forks for payment under a reciprocity agreement for the Red River
State Recreation Area.
$500,000 the first year is for restoration
or replacement of a historic trestle bridge in Blackduck. This is a onetime appropriation and is available
until June 30, 2019.
The base for parks and trails operations in
the natural resources fund in fiscal year 2018 and thereafter is $46,450,000.
Subd. 6. Fish
and Wildlife Management |
|
71,177,000
|
|
71,713,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
Natural Resources |
1,908,000
|
1,912,000
|
Game and Fish |
69,269,000
|
69,801,000
|
$8,167,000 the first year and $8,167,000
the second year are from the heritage enhancement account in the game and fish
fund only for activities specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). Notwithstanding
Minnesota Statutes, section 297A.94, five percent of this appropriation may be
used for expanding hunter and angler recruitment and retention.
$1,000,000 the first year and $1,000,000
the second year are from the game and fish fund for shooting sports facility
grants under Minnesota Statutes, section 87A.10, including grants for archery
facilities. Up to $100,000 each year is
available for shooting sports facilities on state lands. Grants must be matched with a nonstate match,
which may include in-kind contributions.
This is a onetime appropriation and is available until June 30, 2019.
The game and fish fund base for fish and
wildlife management in fiscal year 2018 and thereafter is $65,619,000.
Notwithstanding Minnesota Statutes, section
84.943, $13,000 the first year and $13,000 the second year from the critical
habitat private sector matching account may be used to publicize the critical
habitat license plate match program.
Subd. 7. Enforcement
|
|
39,344,000
|
|
38,377,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
4,257,000
|
4,140,000
|
Natural Resources |
10,153,000
|
10,309,000
|
Game and Fish |
24,834,000
|
23,828,000
|
Remediation |
100,000 |
100,000 |
$200,000
the first year is from the general fund and $1,900,000 the first year is from
the game and fish fund are for aviation services. This appropriation is onetime.
$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.
$1,537,000 the first year and $1,580,000
the second year are from the heritage enhancement account in the game and fish
fund for only the purposes specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
$1,082,000 the first year and $1,082,000
the second year are from the water recreation account in the natural resources
fund for grants to counties for boat and water safety. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
$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.
$250,000 the first year and $250,000 the
second year are from the all-terrain vehicle account for grants to qualifying
organizations to assist in safety and environmental education and monitoring
trails on public lands under Minnesota Statutes, section 84.9011. Grants issued under this paragraph must be
issued through a formal agreement with the organization. By December 15 each year, an organization
receiving a grant under this paragraph shall report to the commissioner with
details on expenditures and outcomes from the grant. Of this appropriation, $25,000 each year is
for administration of these grants. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
$510,000 the first year and $510,000 the
second year are from the natural resources fund for grants to county law
enforcement agencies for off-highway vehicle enforcement and public education
activities based on off-highway vehicle use in the county. Of this amount, $498,000 each year is from
the all-terrain vehicle account; $11,000 each year is from the off-highway
motorcycle account; and $1,000 each year is from the off-road vehicle account. The county enforcement agencies may use money
received under this appropriation to make grants to other local enforcement
agencies within the county that have a high concentration of off-highway
vehicle use. Of this appropriation,
$25,000 each year is for administration of these grants. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
Subd. 8. Operations
Support |
|
870,000
|
|
770,000
|
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
550,000
|
450,000
|
Natural Resources |
320,000
|
320,000
|
$320,000 the first year and $320,000 the
second year are from the natural resources fund for grants to be divided
equally between the city of St. Paul for the Como Park Zoo and Conservatory
and the city of Duluth for the Duluth Zoo.
This appropriation is from the revenue deposited to the fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (5).
$300,000 the first year and $450,000 the
second year are for legal costs related to water management. This is a onetime appropriation and is
available until June 30, 2018.
With money appropriated in this section,
the commissioner shall give preference to call centers located in Minnesota.
Subd. 9. Cancellation
|
|
|
|
|
The general fund appropriation of
$1,000,000 in Laws 2014, chapter 312, article 12, section 6, subdivision 2, is
canceled on July 1, 2015.
Sec. 4.
BOARD OF WATER AND SOIL
RESOURCES |
$13,237,000 |
|
$13,415,000 |
$3,423,000 the first year and $3,423,000 the
second year are for natural resources block grants to local governments. Grants must be matched with a combination of
local cash or in-kind contributions. The
base grant portion related to water planning must be matched by an amount as
specified by Minnesota Statutes, section 103B.3369. The board may reduce the amount of the
natural resources block grant to a county by an amount equal to any reduction
in the county's general services allocation to a soil and water conservation
district from the county's previous year allocation when the board determines
that the reduction was disproportionate.
$3,116,000 the first year and $3,116,000
the second year are for grants to soil and water conservation districts for
general purposes, nonpoint engineering, and implementation of the reinvest in
Minnesota reserve program. Expenditures
may be made from these appropriations for supplies and services benefiting soil
and water conservation districts. Any
district receiving a grant under this paragraph shall maintain a Web page that
publishes, at a minimum, its annual report, annual audit, annual budget, and
meeting notices.
$1,560,000
the first year and $1,560,000 the second year are for the following cost-share
programs:
(1) $260,000 each year is for feedlot water
quality grants for feedlots under 300 animal units and nutrient and manure
management projects in watersheds where there are impaired waters;
(2) $1,200,000 each year is for soil and
water conservation district cost-sharing contracts for perennially vegetated
riparian buffers, erosion control, water retention and treatment, and other
high‑priority conservation practices; and
(3) $100,000 each year is for county
cooperative weed management programs and to restore native plants in selected
invasive species management sites.
$800,000 the first year and $750,000 the
second year are for implementation, enforcement, and oversight of the Wetland
Conservation Act, including administration of the wetland banking program and
in-lieu fee mechanism. The base for
fiscal year 2018 and later is $761,000.
$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.
$100,000 the first year and $100,000 the
second year are for a grant to the Red River Basin Commission for water quality
and floodplain management, including administration of programs. This appropriation must be matched by
nonstate funds. If the appropriation in
either year is insufficient, the appropriation in the other year is available
for it.
$140,000 the first year and $140,000 the
second year are for grants to Area II Minnesota River Basin Projects for
floodplain management.
$8,000 the first year and $262,000 the
second year are to study, in cooperation with the commissioner of natural
resources, the feasibility of the state assuming administration of the section
404 permit program of the federal Clean Water Act as required in this act. This is a onetime appropriation.
Notwithstanding Minnesota Statutes,
section 103C.501, the board may shift cost-share funds in this section and may
adjust the technical and administrative assistance portion of the grant funds
to leverage federal or other nonstate funds or to address high‑priority
needs identified in local water management plans or comprehensive water
management plans.
The
appropriations for grants in this section are available until expended. If an appropriation for grants in either year
is insufficient, the appropriation in the other year is available for it.
The base for the board in fiscal year 2018
and thereafter is increased by $11,000,000 for grants to soil and water
conservation districts to implement buffer requirements.
Sec. 5. METROPOLITAN
COUNCIL |
|
$8,740,000 |
|
$8,740,000 |
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
3,070,000
|
3,070,000
|
Natural Resources |
5,670,000
|
5,670,000
|
$2,870,000 the first year and $2,870,000
the second year are for metropolitan area regional parks operation and
maintenance according to Minnesota Statutes, section 473.351.
$5,670,000 the first year and $5,670,000
the second year are from the natural resources fund for metropolitan area
regional parks and trails maintenance and operations. This appropriation is from the revenue
deposited in the natural resources fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (3).
$200,000 the first year and $200,000 the
second year are for the Metropolitan Area Water Supply Policy Advisory
Committee study and the Metropolitan Area Water Supply Technical Advisory
Committee required under Minnesota Statutes, section 473.1565. This is a onetime appropriation.
Sec. 6. CONSERVATION
CORPS MINNESOTA |
|
$945,000 |
|
$945,000 |
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
455,000
|
455,000
|
Natural Resources |
490,000
|
490,000
|
Conservation Corps Minnesota may receive
money appropriated from the natural resources fund under this section only as
provided in an agreement with the commissioner of natural resources.
Sec. 7. ZOOLOGICAL
BOARD |
|
$8,410,000 |
|
$8,410,000 |
Appropriations
by Fund |
||
|
2016
|
2017
|
General |
8,250,000
|
8,250,000
|
Natural Resources |
160,000 |
160,000 |
$160,000
the first year and $160,000 the second year are from the natural resources fund
from the revenue deposited under Minnesota Statutes, section 297A.94, paragraph
(e), clause (5).
Sec. 8. SCIENCE
MUSEUM |
|
$1,079,000 |
|
$1,079,000 |
Sec. 9. ADMINISTRATION
|
|
$300,000 |
|
$300,000 |
$300,000 the first year and $300,000 the
second year are from the state forest suspense account in the permanent school
fund for the school trust lands director to accelerate land exchanges, land
sales, and commercial leasing of school trust lands and to identify, evaluate,
and lease construction aggregate located on school trust lands. This appropriation is to be used for securing
long-term economic return from the school trust lands consistent with fiduciary
responsibilities and sound natural resources conservation and management
principles.
Sec. 10. REPAYMENT;
TRANSFER |
|
|
|
|
The commissioner of
management and budget shall transfer $19,016,000 in fiscal year 2018 and
$19,016,000 in fiscal year 2019 from the general fund to the closed landfill
investment fund created in Minnesota Statutes, section 115B.421.
Sec. 11. Laws 2010, chapter 215, article 3, section 5, subdivision 4, is amended to read:
Subd. 4. Returned
Grants |
|
|
|
|
Beginning July 1, 2010, all returned grant
money originating from general fund grant programs will be deposited into
individual accounts in the special revenue fund and held for eventual
transfer back to the general fund. On
December 15, 2010, and on December 15 of each year thereafter, $310,000 of the
receipts in this special revenue fund will be transferred to the general fund. If less than $310,000 is available on the
transfer date, an additional transfer on June 15 sufficient to make the
$310,000 annual obligation will be made may be used for the purposes of
Minnesota Statutes, section 103B.102, for grants to local governments as
authorized in Minnesota Statutes, section 103B.3369, or to cover onetime costs
for implementation of natural resources block grant funded programs, including
the Wetland Conservation Act, wetland banking, shoreland management, and local
water management programs.
Sec. 12. Laws 2014, chapter 312, article 12, section 6, subdivision 5, is amended to read:
Subd. 5. Fish and Wildlife Management |
-0- |
|
2,412,000 |
$3,000 in 2015 is from the heritage enhancement account in the game and fish fund for a report on aquatic plant management permitting policies for the management of narrow-leaved and
hybrid cattail in a range of basin types across the state. The report shall be submitted to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over environment and natural resources by December 15, 2014, and include recommendations for any necessary changes in statutes, rules, or permitting procedures. This is a onetime appropriation.
$9,000 in 2015 is from the game and fish fund for the commissioner, in consultation with interested parties, agencies, and other states, to develop a detailed restoration plan to recover the historical native population of bobwhite quail in Minnesota for its ecological and recreational benefits to the citizens of the state. The commissioner shall conduct public meetings in developing the plan. No later than January 15, 2015, the commissioner must report on the plan's progress to the legislative committees with jurisdiction over environment and natural resources policy and finance. This is a onetime appropriation.
$2,000,000 in 2015 is from the game and fish fund for shooting sports facility grants under Minnesota Statutes, section 87A.10. The commissioner may spend up to $50,000 of this appropriation to administer the grant. This is a onetime appropriation and is available until June 30, 2017.
$400,000 in 2015 is from the heritage enhancement account in the game and fish fund for hunter and angler recruitment and retention activities and grants to local chapters of Let's Go Fishing of Minnesota to provide community outreach to senior citizens, youth, and veterans and for the costs associated with establishing and recruiting new chapters. The grants must be matched with cash or in-kind contributions from nonstate sources. Of this amount, $25,000 is for Asian Outdoor Heritage for youth fishing recruitment efforts and outreach in the metropolitan area. The commissioner shall establish a grant application process that includes a standard for ownership of equipment purchased under the grant program and contract requirements that cover the disposition of purchased equipment if the grantee no longer exists. Any equipment purchased with state grant money must be specified on the grant application and approved by the commissioner. The commissioner may spend up to three percent of the appropriation to administer the grant. This is a onetime appropriation and is available until June 30, 2016.
Sec. 13. REPEALER.
Laws 2010, chapter 215, article 3,
section 3, subdivision 6, as amended by Laws 2010, First Special Session
chapter 1, article 6, section 6, Laws 2013, chapter 114, article 3, section 9,
is repealed.
ARTICLE 4
ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES
Section 1. Minnesota Statutes 2014, section 16C.073, subdivision 2, is amended to read:
Subd. 2. Purchases;
printing. (a) Whenever
practicable, a public entity shall:
(1) purchase uncoated copy paper, office paper, and printing paper;
(2) purchase recycled content copy
paper with at least ten 30 percent postconsumer material by
weight and purchase printing and office paper with at least ten percent
postconsumer material by weight;
(3) purchase copy, office, and printing paper which has not been dyed with colors, excluding pastel colors;
(4) purchase recycled content copy, office, and printing paper that is manufactured using little or no chlorine bleach or chlorine derivatives;
(5) use no more than two colored inks,
standard or processed, except in formats where they are necessary to convey
meaning;
(6) (5) use reusable binding
materials or staples and bind documents by methods that do not use glue;
(7) (6) use soy-based inks;
(8) (7) produce reports,
publications, and periodicals that are readily recyclable within the state
resource recovery program; and
(9) (8) purchase paper which
has been made on a paper machine located in Minnesota.
(b) Paragraph (a), clause (1), does not apply to coated paper that is made with at least 50 percent postconsumer material.
(c) A public entity shall print documents on both sides of the paper where commonly accepted publishing practices allow.
(d) Notwithstanding paragraph (a),
clause (2), and section 16C.0725, copier paper purchased by a state agency must
contain at least ten percent postconsumer material by fiber content.
Sec. 2. Minnesota Statutes 2014, section 84.415, subdivision 7, is amended to read:
Subd. 7. Existing
road right-of-way; Application fee exemption. (a) A utility license for crossing
public lands or public waters is exempt from all application fees
specified in this section and in rules adopted under this section when the
utility crossing is on an existing right-of-way of a public road.
(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.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2014, and does not authorize the
retroactive collection of fees.
Sec. 3. [84.69]
NATURAL RESOURCES CONSERVATION EASEMENT STEWARDSHIP ACCOUNT.
Subdivision 1. Account
established; sources. The
natural resources conservation easement stewardship account is created in the
special revenue fund. The account
consists of money credited to the account and interest and other earnings on
money in the account. The State Board of
Investment must manage the account to maximize long-term gain. The following revenue must be deposited in
the natural resources conservation easement stewardship account:
(1) contributions to the account or
specified for any purpose of the account;
(2) contributions under subdivision 3;
section 84.66, subdivision 11; or other applicable law;
(3) money appropriated for any of the
purposes described in subdivision 2;
(4) money appropriated for monitoring
and enforcement of easements and earnings on the money appropriated that revert
to the state under section 97A.056, subdivision 17, or other applicable law;
and
(5) gifts under section 84.085 for
conservation easement stewardship.
Subd. 2. Appropriation;
purposes of account. Five
percent of the balance on July 1 of each year in the natural resources
conservation easement stewardship account is annually appropriated to the
commissioner of natural resources and may be spent only to cover the costs of
managing conservation easements held by the Department of Natural Resources,
including costs associated with monitoring, landowner contacts, records storage
and management, processing landowner notices, requests for approval or
amendments, enforcement, and legal services associated with conservation
easement management activities.
Subd. 3. Financial
contributions. The
commissioner shall seek a financial contribution to the natural resources
conservation easement stewardship account for each conservation easement
acquired by or assigned to the Department of Natural Resources. Unless otherwise provided by law, the
commissioner shall determine the amount of the contribution, which must be an
amount calculated to earn sufficient money to meet the costs of managing the
conservation easement at a level that neither significantly overrecovers nor
underrecovers the costs. In determining
the amount of the financial contribution, the commissioner 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 employees expected to manage the conservation easement;
(3) the estimated annual travel expenses
to manage the conservation easement;
(4) the estimated annual miscellaneous
costs to manage the conservation easement, including supplies and equipment,
information technology support, and aerial flyovers;
(5) the estimated annualized cost of
legal services, including the cost to enforce the easement in the event of a
violation; and
(6) the expected rate of return on
investments in the account.
EFFECTIVE
DATE. Subdivisions 1 and 2 of
this section are effective the day following final enactment. Subdivision 3 of this section is effective
for conservation easements acquired with money appropriated on or after July 1,
2015, and for acquisitions of conservation easements by gift that are initiated
on or after July 1, 2015.
Sec. 4. Minnesota Statutes 2014, section 84.788, subdivision 5, is amended to read:
Subd. 5. Report
of ownership transfers; fee. A
person who sells or transfers (a) Application for transfer of
ownership of an off-highway motorcycle registered under this section shall
report the sale or transfer must be made to the commissioner within
15 days of the date of transfer.
(b) An application for transfer must
be executed by the registered owner and the buyer on a form prescribed by
the commissioner with the owner's registration certificate, purchaser
using a bill of sale, and a $4 fee 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.
EFFECTIVE
DATE. This section is
effective January 1, 2016.
Sec. 5. Minnesota Statutes 2014, section 84.788, is amended by adding a subdivision to read:
Subd. 5a. Report
of registration transfers. (a)
Application for transfer of registration 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 registered 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 registration as provided under this subdivision.
EFFECTIVE
DATE. This section is
effective January 1, 2016.
Sec. 6. [84.8031]
GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.
The commissioner must review an off-road
vehicle grant-in-aid application and, if approved, commence public review of
the application within 60 days after the completed application has been locally
approved and submitted to an area parks and trails office. If the commissioner fails to approve or deny
the application within 60 days after submission, the application is deemed
approved and the commissioner must provide for a 30-day public review period.
Sec. 7. Minnesota Statutes 2014, section 84.82, subdivision 2a, is amended to read:
Subd. 2a. Nontrail use registration. A snowmobile may be registered for nontrail use. A snowmobile registered under this subdivision may not be operated on a state or grant-in-aid snowmobile trail. The fee for a nontrail use registration of a snowmobile with an engine displacement that is greater than 125 cubic centimeters is $45 for three years. A nontrail use registration is not transferable. In addition to other penalties prescribed by law, the penalty for violation of this subdivision is immediate revocation of the nontrail use registration. The commissioner shall ensure that the registration sticker provided for limited nontrail use is of a different color and is distinguishable from other snowmobile registration and state trail stickers provided.
Sec. 8. Minnesota Statutes 2014, section 84.82, subdivision 6, is amended to read:
Subd. 6. Exemptions. Registration is not required under this section for:
(1) a snowmobile owned and used by the United States, an Indian tribal government, another state, or a political subdivision thereof;
(2) a snowmobile registered in a country other than the United States temporarily used within this state;
(3) a snowmobile that is covered by a valid license of another state and has not been within this state for more than 30 consecutive days or that is registered by an Indian tribal government to a tribal member and has not been outside the tribal reservation boundary for more than 30 consecutive days;
(4) a snowmobile used exclusively in organized track racing events;
(5) a snowmobile in transit by a manufacturer, distributor, or dealer;
(6) a snowmobile at least 15 years old in
transit by an individual for use only on land owned or leased by the
individual; or
(7) a snowmobile while being used to groom a
state or grant-in-aid trail; or
(8) a snowmobile with an engine displacement that is 125 cubic centimeters or less and the snowmobile is not operated on a state or grant-in-aid trail.
Sec. 9. Minnesota Statutes 2014, 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 thereof
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 registered 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 such notice of destruction or abandonment,
be subject to the penalties imposed by Laws 1967, chapter 876 section
84.88.
EFFECTIVE
DATE. This section is
effective July 1, 2016.
Sec. 10. Minnesota Statutes 2014, section 84.92, subdivision 8, is amended to read:
Subd. 8. All-terrain
vehicle or vehicle. "All-terrain
vehicle" or "vehicle" means a motorized vehicle of with: (1) not less than three, but not more
than six low pressure or non-pneumatic tires, that is limited in engine
displacement of less than 1,000 cubic centimeters and; (2) a total dry
weight of 2,000 pounds or less; and (3) a total width from outside of tire rim
to outside of tire rim that is 65 inches or less. All-terrain vehicle includes a class 1
all-terrain vehicle and class 2 all-terrain vehicle. All-terrain vehicle does not include a
golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used
specifically for lawn maintenance, agriculture, logging, or mining purposes.
Sec. 11. Minnesota Statutes 2014, section 84.92, subdivision 9, is amended to read:
Subd. 9. Class
1 all-terrain vehicle. "Class 1
all-terrain vehicle" means an all-terrain vehicle that has a total dry
weight of less than 1,200 pounds width from outside of tire rim to
outside of tire rim that is 50 inches or less.
Sec. 12. Minnesota Statutes 2014, section 84.92, subdivision 10, is amended to read:
Subd. 10. Class
2 all-terrain vehicle. "Class 2
all-terrain vehicle" means an all-terrain vehicle that has a total dry
weight of 1,200 to 1,800 pounds width from outside of tire rim to
outside of tire rim that is greater than 50 inches but not more than 65 inches.
Sec. 13. Minnesota Statutes 2014, section 84.922, subdivision 4, is amended to read:
Subd. 4. Report
of transfers. A person who sells
or transfers ownership of a vehicle registered under this section shall report
the sale or (a) Application for transfer of ownership must be
made to the commissioner within 15 days of the date of transfer.
(b) An application for transfer
must be executed by the registered owner and the purchaser on a form
prescribed by the commissioner with the owner's registration certificate, using
a bill of sale and a $4 fee 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.
EFFECTIVE
DATE. This section is
effective January 1, 2016.
Sec. 14. Minnesota Statutes 2014, section 84.925, subdivision 5, is amended to read:
Subd. 5. Training requirements. (a) An individual who was born after July 1, 1987, and who is 16 years of age or older, must successfully complete the independent study course component of all-terrain vehicle safety training before operating an all-terrain vehicle on public lands or waters, public road rights-of-way, or state or grant‑in-aid trails.
(b) An individual who is convicted of violating a law related to the operation of an all-terrain vehicle must successfully complete the independent study course component of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
(c) An individual who is convicted for a second or subsequent excess speed, trespass, or wetland violation in an all-terrain vehicle season, or any conviction for careless or reckless operation of an all-terrain vehicle, must successfully complete the independent study and the testing and operating course components of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
(d) An individual who receives three or more citations and convictions for violating a law related to the operation of an all-terrain vehicle in a two-year period must successfully complete the independent study and the testing and operating course components of all-terrain vehicle safety training before continuing operation of an all‑terrain vehicle.
(e) An individual must present evidence of
compliance with this subdivision before an all-terrain vehicle registration is
issued or renewed. A person may use
the following as evidence of meeting all-terrain vehicle safety certificate
requirements:
(1) a valid all-terrain vehicle safety
certificate issued by the commissioner;
(2) a driver's license that has a valid
all-terrain vehicle safety certificate indicator issued under section 171.07,
subdivision 18; or
(3)
an identification card that has a valid all-terrain vehicle safety certificate
indicator issued under section 171.07, subdivision 18.
EFFECTIVE
DATE. This section is
effective January 1, 2016, or the date the new driver and vehicle services
information technology system is implemented, whichever comes later.
Sec. 15. Minnesota Statutes 2014, section 84.9256, subdivision 1, is amended to read:
Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public road rights-of-way that is permitted under section 84.928 and as provided under paragraph (j), a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or waters, except as provided in paragraph (f).
(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate on public lands and waters or state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied by a person 18 years of age or older who holds a valid driver's license.
(d) To be
issued an all-terrain vehicle safety certificate, a person at least 12 years
old, but less than 16 years old, must:
(1) successfully complete the safety education and training program under section 84.925, subdivision 1, including a riding component; and
(2) be able to properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.
(e) A person at least 11 years of age may take the safety education and training program and may receive an all‑terrain vehicle safety certificate under paragraph (d), but the certificate is not valid until the person reaches age 12.
(f) A person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a parent or legal guardian.
(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands or waters or on state or grant-in-aid trails if the person cannot properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.
(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 years old, may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or state or grant-in-aid trails if:
(1) the nonresident youth has in possession evidence of completing an all-terrain safety course offered by the ATV Safety Institute or another state as provided in section 84.925, subdivision 3; and
(2) the nonresident youth is accompanied by a person 18 years of age or older who holds a valid driver's license.
(j) A person 12 years of age but less than 16 years of age may operate an all-terrain vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted under section 84.928 if the person:
(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; and
(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
Sec. 16. Minnesota Statutes 2014, section 84.928, subdivision 1, is amended to read:
Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise allowed in sections 84.92 to 84.928 or by local ordinance under paragraph (k), a person shall not operate an all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope of a public road right-of-way of a trunk, county state-aid, or county highway.
(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway unless prohibited under paragraph (d) or (f).
(c) A person may operate a class 1 all-terrain vehicle designed by the manufacturer for off-road use to be driven by a steering wheel and equipped with operator and passenger seat belts and a roll-over protective structure or a class 2 all-terrain vehicle:
(1) within the public road right-of-way of a county state-aid or county highway on the right shoulder or the extreme right-hand side of the road and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f);
(2) on the bank, slope, or ditch of a public road right-of-way of a trunk, county state-aid, or county highway but only to access businesses or make trail connections, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f); and
(3) on the bank or ditch of a public road right-of-way on a designated class 2 all-terrain vehicle trail.
(d) A road authority as defined under section 160.02, subdivision 25, may after a public hearing restrict the use of all-terrain vehicles in the public road right-of-way under its jurisdiction.
(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county highway:
(1) that is part of a funded grant-in-aid trail; or
(2) when the all-terrain vehicle is owned
by or operated under contract with:
(i) a road authority as defined under
section 160.02, subdivision 25; or
(ii) a publicly or privately owned utility or pipeline company and used for work on utilities or pipelines.
(f) The commissioner may limit the use of a right-of-way for a period of time if the commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public property.
The commissioner must notify the road authority as soon as it is known that a closure will be ordered. The notice must state the reasons and duration of the closure.
(g) A person may operate an all-terrain vehicle registered for private use and used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or county highway in this state if the all-terrain vehicle is operated on the extreme right-hand side of the road, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions.
(h) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state‑aid, or county highway from April 1 to August 1 in the agricultural zone unless the vehicle is being used exclusively as transportation to and from work on agricultural lands. This paragraph does not apply to an agent or employee of a road authority, as defined in section 160.02, subdivision 25, or the Department of Natural Resources when performing or exercising official duties or powers.
(i) A person shall not operate an all-terrain vehicle within the public road right-of-way of a 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 the right-of-way and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.
(j) A person shall not operate an all-terrain vehicle at any time within the right-of-way of an interstate highway or freeway within this state.
(k) A county, city, or town, acting
through its governing body, may by ordinance allow a person to operate an
all-terrain vehicle on a public road or street under its jurisdiction to access
businesses and residences and to make trail connections.
EFFECTIVE
DATE. The amendments to
paragraph (e) of this section are effective the day following final enactment.
Sec. 17. Minnesota Statutes 2014, section 84D.01, is amended by adding a subdivision to read:
Subd. 1a. Aquatic
invasive species affirmation. "Aquatic
invasive species affirmation" means an affirmation of the summary of the
aquatic invasive species laws of this chapter that is part of watercraft
licenses and nonresident fishing licenses, as provided in section 84D.106.
EFFECTIVE
DATE. This section is
effective January 1, 2016.
Sec. 18. Minnesota Statutes 2014, section 84D.01, subdivision 13, is amended to read:
Subd. 13. Prohibited
invasive species. "Prohibited
invasive species" means a nonnative species that has been listed designated
as a prohibited invasive species in a rule adopted by the commissioner under
section 84D.12.
Sec. 19. Minnesota Statutes 2014, section 84D.01, subdivision 15, is amended to read:
Subd. 15. Regulated
invasive species. "Regulated
invasive species" means a nonnative species that has been listed designated
as a regulated invasive species in a rule adopted by the commissioner under
section 84D.12.
Sec. 20. Minnesota Statutes 2014, section 84D.01, subdivision 17, is amended to read:
Subd. 17. Unlisted
nonnative species. "Unlisted
nonnative species" means a nonnative species that has not been listed
designated as a prohibited invasive species, a regulated invasive
species, or an unregulated nonnative species in a rule adopted by the
commissioner under section 84D.12.
Sec. 21. Minnesota Statutes 2014, section 84D.01, subdivision 18, is amended to read:
Subd. 18. Unregulated
nonnative species. "Unregulated
nonnative species" means a nonnative species that has been listed designated as an unregulated nonnative
species in a rule adopted by the commissioner under section 84D.12.
Sec. 22. Minnesota Statutes 2014, section 84D.06, is amended to read:
84D.06
UNLISTED NONNATIVE SPECIES.
Subdivision
1. Process. A person may not introduce an unlisted
nonnative aquatic plant or wild animal species unless:
(1) the person has notified the commissioner in a manner and form prescribed by the commissioner;
(2) the commissioner has made the
classification determination required in subdivision 2 and listed designated
the species as appropriate; and
(3) the introduction is allowed under the applicable provisions of this chapter.
Subd. 2. Classification. (a) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a prohibited invasive species, the commissioner shall:
(1) adopt a rule under section 84D.12,
subdivision 3, listing designating the species as a prohibited
invasive species; and
(2) notify the person from which the notification was received that the species is subject to section 84D.04.
(b) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as an unregulated nonnative species, the commissioner shall:
(1) adopt a rule under section 84D.12,
subdivision 3, listing designating the species as an unregulated
nonnative species; and
(2) notify the person from which the notification was received that the species is not subject to regulation under this chapter.
(c) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a regulated invasive species, the commissioner shall notify the applicant that the species is subject to the requirements in section 84D.07.
Sec. 23. Minnesota Statutes 2014, 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 when available on
site, before it 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; and
(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 when available on site.
(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.
(b) (c) An inspector who is
not a licensed peace officer may issue orders under paragraph (a), clauses (1),
(3), and (4), and (5).
Sec. 24. [84D.106]
AQUATIC INVASIVE SPECIES AFFIRMATION.
Aquatic invasive species affirmation is
required for all:
(1) watercraft licenses issued under
section 86B.401; and
(2) all nonresident fishing licenses,
as provided in section 97C.301, subdivision 2a.
EFFECTIVE
DATE. Clause (1) of this
section is effective January 1, 2016, and clause (2) of this section is
effective March 1, 2016.
Sec. 25. Minnesota Statutes 2014, section 84D.11, subdivision 1, is amended to read:
Subdivision 1. Prohibited invasive species. The commissioner may issue a permit for the propagation, possession, importation, purchase, or transport of a prohibited invasive species for the purposes of disposal, decontamination, control, research, or education.
Sec. 26. Minnesota Statutes 2014, section 84D.12, subdivision 1, is amended to read:
Subdivision 1. Required rules. The commissioner shall adopt rules:
(1) listing designating
prohibited invasive species, regulated invasive species, and unregulated
nonnative species of aquatic plants and wild animals;
(2) governing the application for and issuance of permits under this chapter, which rules may include a fee schedule; and
(3) governing notification under section 84D.08.
Sec. 27. Minnesota Statutes 2014, section 84D.12, subdivision 3, is amended to read:
Subd. 3.
Expedited rules. The commissioner may adopt rules under
section 84.027, subdivision 13, that list designate:
(1) prohibited invasive species of aquatic plants and wild animals;
(2) regulated invasive species of aquatic plants and wild animals; and
(3) unregulated nonnative species of aquatic plants and wild animals.
Sec. 28. Minnesota Statutes 2014, section 84D.13, subdivision 5, is amended to read:
Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose the following penalty amounts:
(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;
(2) for placing or attempting to place into waters of the state water-related equipment that has aquatic macrophytes attached, $200;
(3) for unlawfully possessing or transporting a prohibited invasive species other than an aquatic macrophyte, $500;
(4) for placing or attempting to place into waters of the state water-related equipment that has prohibited invasive species attached when the waters are not listed by the commissioner as being infested with that invasive species, $500;
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian water milfoil, $100;
(6) for failing to have drain plugs or
similar devices removed or opened while transporting water-related equipment or
for failing to remove plugs, open valves, and drain water from water-related
equipment, other than marine sanitary systems, before leaving waters of the
state, $100; and
(7) for transporting infested water off
riparian property without a permit as required by rule, $200; and
(8) for failing to have aquatic invasive species affirmation displayed or available for inspection as provided in sections 86B.401 and 97C.301, subdivision 2a, $25.
(b) A civil citation that is issued to a person who has one or more prior convictions or final orders for violations of this chapter is subject to twice the penalty amounts listed in paragraph (a).
Sec. 29. Minnesota Statutes 2014, section 84D.15, subdivision 3, is amended to read:
Subd. 3. Use of money in account. Money credited to the invasive species account in subdivision 2 shall be used for management of invasive species and implementation of this chapter as it pertains to invasive species, including control, public awareness, law enforcement, assessment and monitoring, management planning, habitat improvements, and research.
Sec. 30. Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision to read:
Subd. 1e. Connection
to state parks and recreation areas.
Trails designated under this section may include connections to
state parks or recreation areas that generally lie in between or within the
vicinity of the waymarks specifically named in the designation.
Sec. 31. Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision to read:
Subd. 6a. Mississippi
Blufflands Trail; Goodhue and Wabasha Counties. (a) The Mississippi Blufflands Trail
shall originate at the Cannon Valley Trail and thence extend generally
southeasterly along the Mississippi River through Frontenac State Park in
Goodhue County and continue through Goodhue and Wabasha Counties to the city of
Lake City, and there terminate. The
trail shall include connections to the Rattlesnake Bluff Trail.
(b) The trail shall be developed
primarily for riding and hiking.
(c) In establishing, developing,
maintaining, and operating the trail, the commissioner shall cooperate with
local units of government and private individuals and groups whenever feasible.
Sec. 32. Minnesota Statutes 2014, section 85.015, subdivision 7, is amended to read:
Subd. 7. Blufflands Trail system, Fillmore, Olmsted, Winona, and Houston Counties. (a) The Root River Trail shall originate at Chatfield in Fillmore County, and thence extend easterly in the Root River Valley to the intersection of the river with Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River.
(b) Additional trails may be established
that extend the Blufflands Trail system to include La Crescent, Hokah,
Caledonia, and Spring Grove in Houston County; Preston, Harmony, Fountain,
Wykoff, Spring Valley, Mabel, Prosper, Canton, and Ostrander,
and connections to the Iowa border including a connection to Niagara Cave
in Fillmore County; Rochester, Dover, Eyota, Stewartville, Byron, and Chester
Woods County Park in Olmsted County; and Winona, Minnesota City, Rollingstone,
Altura, Lewiston, Utica, St. Charles, and Elba in Winona County. In addition to the criteria in section
86A.05, subdivision 4, these trails must utilize abandoned railroad
rights-of-way where possible.
(c) The trails shall be developed primarily for nonmotorized riding and hiking.
Sec. 33. Minnesota Statutes 2014, section 85.015, subdivision 28, is amended to read:
Subd. 28. Camp
Ripley/Veterans State Trail, Crow Wing, Cass, and Morrison Counties. The trail shall originate at Crow Wing
State Park in Crow Wing County at the southern end of the Paul Bunyan Trail and
shall extend from Crow Wing State Park westerly to the city of Pillager, then
southerly along the west side of Camp Ripley, then easterly along the south
side of Camp Ripley across to the east side of the Mississippi River, and then
northerly through Fort Ripley to Crow Wing State Park. A second segment of the trail shall be
established that shall extend in a southerly direction and in close proximity
to the Mississippi River from the southeasterly portion of the first segment of
the trail to the city of Little Falls, and then terminate at the Soo Line Trail
in Morrison County. Separation of
motorized and nonmotorized corridors is acceptable as needed.
Sec. 34. [85.0506]
LAKE VERMILION-SOUDAN UNDERGROUND MINE STATE PARK; HOISTS.
The Lake Vermilion-Soudan Underground
Mine State Park mine tour operation is exempt from sections 326B.163 to
326B.191. The federal mine code for
hoists that lift people under Code of Federal Regulations, title 30, part 57,
subpart R, applies to the Lake Vermilion-Soudan Underground Mine State Park
hoist. The commissioner shall employ a
hoist safety expert to conduct an annual inspection of the hoist system at the
Lake Vermilion-Soudan Underground Mine State Park.
Sec. 35. Minnesota Statutes 2014, section 85.054, subdivision 12, is amended to read:
Subd. 12. Lake
Vermilion-Soudan Underground Mine State Park. A state park permit is not required and a
fee may not be charged for motor vehicle entry or parking at the visitor
parking area of Soudan Underground Mine State Park and the Stuntz Bay
boat house area.
Sec. 36. Minnesota Statutes 2014, section 85.32, subdivision 1, is amended to read:
Subdivision 1. Areas marked. The commissioner of natural resources is authorized in cooperation with local units of government and private individuals and groups when feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, and Crow Rivers which have historic and scenic values and to mark appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft travelers.
Sec. 37. Minnesota Statutes 2014, section 86B.401, subdivision 3, is amended to read:
Subd. 3. Licensing. (a) The license agent shall register the watercraft on receiving an application and the license fee. A license and registration sticker with a registration number shall be issued and must be affixed to the watercraft as prescribed by the commissioner of natural resources.
(b) A license includes aquatic invasive
species affirmation as provided in section 84D.106. The aquatic invasive species affirmation
portion of the license must be on board or available with the signed license
certificate. The aquatic invasive
species affirmation will be provided with an application for a new, transfer,
duplicate, or renewal watercraft license.
(c) The license is not valid unless signed by at least one owner.
(d) Failure to complete the aquatic invasive species affirmation in this subdivision is subject to the penalty prescribed in section 84D.13, subdivision 5.
EFFECTIVE
DATE. This section is
effective January 1, 2016.
Sec. 38. Minnesota Statutes 2014, section 87A.10, is amended to read:
87A.10
TRAP SHOOTING SPORTS FACILITY GRANTS.
The commissioner of natural resources shall
administer a program to provide cost-share grants to local recreational
shooting clubs or local units of government for up to 50 percent of the
costs of developing or rehabilitating trap shooting sports facilities
for public use. A facility rehabilitated
or developed with a grant under this section must be open to the general public
at reasonable times and for a reasonable fee on a walk-in basis. The commissioner shall give preference to
projects that will provide the most opportunities for youth.
Sec. 39. Minnesota Statutes 2014, section 88.17, subdivision 3, is amended to read:
Subd. 3. Special permits. The following special permits are required at all times, including when the ground is snow-covered:
(a) Fire
training. A permit to start a fire
for the instruction and training of firefighters, including liquid fuels
training, may be given by the commissioner or agent of the commissioner. Except for owners or operators conducting
fire training in specialized industrial settings pursuant to applicable
federal, state, or local standards, owners or operators conducting open burning
for the purpose of instruction and training of firefighters with regard to
structures must follow the techniques described in a document entitled: Structural Burn Training Procedures for the
Minnesota Technical College System use only fuel materials as outlined
in the current edition of National Fire Protection Association 1403, Standard
on Live Fire Training Evolutions, and obtain the applicable live burn documents
in accordance with the current edition of the Board of Firefighter Training and
Education's live burn plan established according to section 299N.02,
subdivision 3, clause (2).
(b) Permanent tree and brush open burning sites. A permit for the operation of a permanent tree and brush burning site may be given by the commissioner or agent of the commissioner. Applicants for a permanent open burning site permit shall submit a complete application on a form provided by the commissioner. Existing permanent tree and brush open burning sites must submit for a permit within 90 days of the passage of this statute for a burning permit. New site applications must be submitted at least 90 days before the date of the proposed operation of the permanent open burning site. The application must be submitted to the commissioner and must contain:
(1) the name, address, and telephone number of all owners of the site proposed for use as the permanent open burning site;
(2) if the operator for the proposed permanent open burning site is different from the owner, the name, address, and telephone number of the operator;
(3) a general description of the materials to be burned, including the source and estimated quantity, dimensions of the site and burn pile areas, hours and dates of operation, and provisions for smoke management; and
(4) a topographic or similarly detailed map of the site and surrounding area within a one-mile circumference showing all structures that might be affected by the operation of the site.
Only trees, tree trimmings, or brush that cannot be disposed of by an alternative method such as chipping, composting, or other method shall be permitted to be burned at a permanent open burning site. A permanent tree and brush open burning site must be located and operated so as not to create a nuisance or endanger water quality. The commissioner shall revoke the permit or order actions to mitigate threats to public health, safety, and the environment in the event that permit conditions are violated.
Sec. 40. Minnesota Statutes 2014, section 88.49, subdivision 3, is amended to read:
Subd. 3. Recording
Provisions of auxiliary forest contract to run with the land. The commissioner shall submit such
contract in recordable form to the owner of the land covered thereby. If the owner shall indicate to the
commissioner an unwillingness to execute the same, or if the owner or any of
the persons having an interest therein or lien thereon fail to execute it
within 60 days from the time of its submission to the owner, all proceedings
relating to the making of this land into an auxiliary forest shall be at an
end.
When the contract shall have been
executed it shall forthwith be recorded in the office of the county recorder at
the expense of the owner or, if the title to the land be registered, with the
registrar of titles. At the time the
contract is recorded with the county recorder for record the owner, at the
owner's expense, shall record with the county
recorder
a certificate from the county attorney to the effect that no change in record
title thereof has occurred, that no liens or other encumbrances have been
placed thereon, and that no taxes have accrued thereon since the making of the
previous certificate. It shall be the
duty of the county attorney to furnish this certificate without further
compensation.
All the provisions of the a
recorded contract shall be for an auxiliary forest are deemed
covenants running with the land from the date of the filing of the contract for
record.
Sec. 41. Minnesota Statutes 2014, section 88.49, subdivision 4, is amended to read:
Subd. 4. Effect. Upon the filing of the contract for
record, the land therein described in the contract shall
become, and, during the life of the contract, remain and
be, an auxiliary forest entitled to all the benefits and subject to all the
restrictions of sections 88.47 88.49 to 88.53, all of which
shall be deemed a. These sections
are part of the obligation of the contract and shall be are
inviolate, subject only to the police power of the state, to the power of
eminent domain, and to the right of the parties thereto by mutual agreement
to make applicable to the contract any laws of the state enacted subsequent
to its the execution and filing. This provision shall not be so construed as
to prevent amendatory or supplementary legislation which does of the
contract. Laws enacted subsequent to the
date of execution of the contract are applicable to the contract, so long as
the laws do not impair these the contract rights of the parties
thereto, or as to prevent amendatory or supplementary legislation in respect of
the culture, care, or management of the lands included in any such contract
signatories of the contract or their successors or assigns.
Sec. 42. Minnesota Statutes 2014, section 88.49, subdivision 5, is amended to read:
Subd. 5. Cancellation. Upon the failure of (a) If
the owner fails to faithfully to fulfill and perform such the
contract or, any provision thereof of the contract,
or any requirement of sections 88.47 88.49 to 88.53, or
any rule adopted by the commissioner thereunder adopts under
those sections, the commissioner may cancel the contract in the manner
herein provided. The commissioner
shall give to the owner, in the manner prescribed in section 88.48,
subdivision 4, 60 days' notice of a hearing thereon at which the
owner may appear and show cause, if any, why the contract should not be canceled. The commissioner shall thereupon then
determine whether the contract should be canceled and make an order to that
effect. Notice of the commissioner's
determination and the making of the order shall be given to The
commissioner shall give the owner in the manner provided in section
88.48, subdivision 4 notice of the commissioner's determination and
order. On determining If
the commissioner determines that the contract should be canceled and no
appeal therefrom be taken the owner does not appeal the determination as
provided in subdivision 7, the commissioner shall send notice thereof
of the cancellation to the auditor of the county and to the town clerk
of the town affected and file with the recorder a certified copy of the order,
who. The recorder shall forthwith
note the cancellation upon the record thereof, and thereupon the
land therein described in the contract shall cease to be an
auxiliary forest and, together with the timber thereon on the land,
become liable to for all taxes and assessments that otherwise
would have been levied against it had it never been an auxiliary forest the
land from the time of the making of the contract, any notwithstanding
provisions of the statutes of limitation to the contrary notwithstanding,
less. The amount of taxes
paid under the provisions of section 88.51, subdivision 1, together with
interest on such taxes and assessments at six percent per annum, but without
penalties, must be subtracted from the tax owed by the owner.
(b) The commissioner may in like manner and with
like effect cancel the contract upon written application of the owner.
(c) The commissioner shall cancel any
the contract if the owner has made successful application successfully
applied under sections 290C.01 to 290C.11, the Sustainable Forest
Incentive Act, sections 290C.01 to 290C.11, and has paid to the county
treasurer the tax difference between the amount which that
would have been paid had the land under contract been subject to the Minnesota
Tree Growth Tax Law and the Sustainable Forest Incentive Act from the date of the recording of the contract and the
amount actually paid under section 88.51, subdivisions subdivision
1, and Minnesota Statutes 2014, section 88.51, subdivision
2. This tax difference must be
calculated based on the
years
the lands would have been taxed under the Tree Growth Tax Law and the
Sustainable Forest Incentive Act.
The sustainable forest tax difference is net of the incentive payment of
section 290C.07. If the amount which
that would have been paid, had if the land under contract had
been under the Minnesota Tree Growth Tax Law and the Sustainable Forest
Incentive Act from the date of the filing of the contract, was
filed is less than the amount actually paid under the contract, the
cancellation shall be made without further payment by the owner.
When (d) If the execution of
any the contract creating an auxiliary forest shall have been
is procured through fraud or deception practiced upon on
the county board or, the commissioner, or any other person
or body representing the state, it may be canceled cancel it
upon suit brought by the attorney general at the direction of the commissioner. This cancellation shall have has
the same effect as the cancellation of a contract by the commissioner.
Sec. 43. Minnesota Statutes 2014, section 88.49, subdivision 6, is amended to read:
Subd. 6. Assessment
after cancellation. (a) For
the purpose of levying such taxes, the county auditor shall, immediately
upon receipt of receiving notice of the cancellation of any
a contract creating an auxiliary forest, direct the local assessor to
assess the lands within the forest, excluding the value of merchantable timber
and minerals and other things of value taxed under the provisions of Minnesota
Statutes 2014, section 88.51, subdivision 2, as of for each
of the years during which the lands have been were
included within the auxiliary forest. The
local assessor shall forthwith make the assessment and certify the same
to the county auditor. The county
auditor shall thereupon levy a tax on the assessable value of the land as,
fixed by section 273.13, for each of the years during which the land has
been was within an auxiliary forest, at the rate at which other real
estate within the taxing district was taxed in those years. The tax so assessed and levied against any
land shall be is a first and prior lien upon the land and upon all
timber and forest products growing, grown, or cut thereon on the land
and removed therefrom from the land. These taxes shall must be
enforced in the same manner as other taxes on real estate are enforced and,
in addition thereto, the lien of the tax on forest products cut or removed
from this land shall must be enforced by the seizure and sale of
the forest products.
(b) No person shall, after the
mailing by the commissioner, as provided in subdivision 5, of notice of hearing
on the cancellation of a the contract making any lands an
auxiliary forest, cut or remove from these lands any timber or forest products
growing, grown, or cut thereon until all taxes levied under this subdivision shall
have been are paid, or, in the event such if the levy shall
is not have been completed, until the owner shall have has
given a bond payable to the county, with sureties approved by the county
auditor, in such the amount as the county auditor shall
deem deems ample for the payment of all taxes that may be levied thereon
under this subdivision, conditioned for the payment of such the
taxes.
(c) Any person who shall violate
any of the provisions of violates this subdivision shall be is
guilty of a felony.
Sec. 44. Minnesota Statutes 2014, section 88.49, subdivision 7, is amended to read:
Subd. 7. Appeal. (a) The owner may appeal from any
cancellation order of the commissioner to the district court of the county wherein
where the land is situate, located by serving notice of
appeal on the commissioner and filing the same with the court administrator of
the district court within 30 days after the date of mailing of notice of
such order.
(b) The appeal shall must
be tried between the state of Minnesota and the owner by the court as a suit
for the rescission of a contract is tried, and the judgment of the court shall
be is substituted for the cancellation order of the commissioner,
and shall be is final.
Sec. 45. Minnesota Statutes 2014, section 88.49, subdivision 8, is amended to read:
Subd. 8. Proceedings
in lieu of cancellation. If cause
for the cancellation of any a contract shall exist exists,
the commissioner may, in lieu of canceling such the contract,
perform the terms and conditions, other than the payment of that the
owner was required to perform, except that the commissioner may not pay any
taxes, that the owner was required, by the contract or by law
or by the rules of the commissioner, to be performed by the owner, and may for
that purpose to have paid by law.
The commissioner may use any available moneys appropriated for the
maintenance of the commissioner's division and any other lawful means to
perform all other terms and conditions required to maintain the auxiliary
forest status. The commissioner
shall, on December 1 each year, certify to the auditor of each county the
amount of moneys thus expended on and the value of services thus
rendered in respect of any lands therein for land in the county
since December 1 of the preceding year. The
county auditor shall forthwith assess and levy the amount shown by this
certificate against the lands described therein. This amount shall bear bears
interest at the rate of six percent per annum and shall be is a
lien upon the lands described therein, and. The collection thereof of the tax
must be enforced in the same manner as taxes levied under section 88.52,
subdivision 1;, and, if such the tax be
is not sooner paid, it shall must be added to, and the
payment thereof enforced with, the yield tax imposed under section
88.52, subdivision 2.
Sec. 46. Minnesota Statutes 2014, section 88.49, subdivision 9, is amended to read:
Subd. 9. Auxiliary
forests; withdrawal of land from. (a)
Land needed for other purposes may be withdrawn from an auxiliary forest as
herein provided. The owner may
submit a verified application therefor in a form prescribed by the
commissioner of natural resources may be made by the owner to the county
board of the county in which the land is situated, describing the land and
stating the purpose of withdrawal. Like
proceedings shall be had upon the application as upon an application for the
establishment of an auxiliary forest, except that consideration need be given
only to the questions to be determined as provided in this subdivision. The county board shall consider the
application and hear any matter offered in support of or in opposition to the
application. The county board shall make
proper record of its action upon the application. If the application is rejected, the county
board shall prepare a written statement stating the reasons for the rejection
within 30 days of the date of rejection.
If the application is rejected, the county auditor shall, within 30 days
of the rejection, endorse the rejection on the application and return it,
together with a copy of the written statement prepared by the county board
stating the reasons for rejection to the applicant. The rejected application and written
statement must be sent to the owner by certified mail at the address given in
the application.
(b) If the application is disapproved
as to only a part of the lands described, the county auditor shall notify the
applicant in the same manner as if the application were rejected. The applicant may amend the application
within 60 days after the notice is mailed.
If it is not amended, the application is deemed rejected.
(c) If the county board shall
determine determines that the land proposed to be withdrawn is
needed and is suitable for the purposes set forth in the application, and that
the remaining land in the auxiliary forest is suitable and sufficient for the
purposes thereof of the auxiliary forest as provided by law, the
board may, in its discretion, grant the application, subject to the approval of
the commissioner. Upon such approval a
supplemental contract evidencing the withdrawal shall be executed, filed, and
recorded or registered as the case may require, in like manner as an original
auxiliary forest contract. Thereupon
by both the county board and the commissioner, the county auditor shall
notify the applicant and the commissioner.
Upon notice from the county auditor, the commissioner shall cause to be
prepared a supplemental contract executed by the commissioner on behalf of the
state and by the owner of the fee title or the holder of a state deed and by
all other persons having any liens on the land and witnessed and acknowledged
as provided by law for the execution of recordable deeds of conveyance. Notices sent by certified mail to the owner
in fee at the address given in the application is deemed notice to all persons
executing the supplemental contract. The
supplemental contract must be prepared by the director of the Division of
Forestry on a recordable form approved by an attorney appointed by the
commissioner. Every supplemental
contract must be approved by the Executive Council. The commissioner shall submit the
supplemental
contract to the owner of the land. If
the owner indicates to the commissioner an unwillingness to execute the
supplemental contract, or if the owner or any of the persons with an interest
in the land or a lien upon the land fail to execute the contract within 60 days
from the time of submission of the contract to the owner for execution, all
proceedings relating back to the withdrawal of the land from an auxiliary
forest shall be at an end. When the
supplemental contract is executed, it must be recorded in the office of the
county recorder at the expense of the owner or, if the title to the land is
registered, the supplemental contract must be recorded with the registrar of
titles. At the time the contract is
recorded with the county recorder, the owner, at the owner's expense, shall
record with the county recorder a certificate from the county attorney to the
effect that no change in record title to the land has occurred, that no liens
or other encumbrances have been placed on the land, and that no taxes have
accrued on the land since the making of the previous certificate. The county attorney must furnish this
certificate without further compensation.
Upon execution and recording of the supplemental contract, the land
described in the supplemental contract shall cease that is to be
withdrawn from the auxiliary forest ceases to be part of the auxiliary
forest, and, together with the timber thereon, shall be the owner is
liable to taxes and assessments of the withdrawn portion together with the
timber on the withdrawn portion in like manner as upon cancellation of an
auxiliary forest contract.
Sec. 47. Minnesota Statutes 2014, section 88.49, subdivision 11, is amended to read:
Subd. 11. Auxiliary
forests; transfer of title; procedure on division. The title to the land in an auxiliary
forest or any part thereof of an auxiliary forest is subject to
transfer in the same manner as the title to other real estate, subject to the
auxiliary forest contract therefor and to applicable provisions of law. In case If the ownership of such
a an auxiliary forest is divided into two or more parts by any
transfer or transfers of title and the owners of all such the
parts desire to have the same parts made separate auxiliary
forests, they the owners may join in a verified application therefor
to the county board of the county in which the forest is situated in a form
prescribed by the commissioner of natural resources. If the county board determines that each of
the parts into which the forest has been divided is suitable and sufficient for
a separate auxiliary forest as provided by law, it may, in its discretion,
grant the application, subject to the approval of the commissioner. Upon such approval, the commissioner
shall prepare a new auxiliary forest contract for each part transferred, with
like provisions and for the remainder of the same term as the prior contract in
force for the entire forest at the time of the transfer, and shall also prepare
a modification of such the prior contract, eliminating therefrom
the part or parts of the land transferred but otherwise leaving the remaining
land subject to all the provisions of such the contract. The new contract or contracts and
modification of the prior contract shall must be executed and
otherwise dealt with in like manner as provided for an original a
supplemental auxiliary forest contract in subdivision 9, but no such
instrument shall must take effect until all of them, covering
together all parts of the forest existing before the transfer, have been
executed, filed, and recorded or registered, as the case may require. Upon the taking effect of When
all such the instruments take effect, the owner of the
forest prior to the transfer shall be is divested of all rights
and relieved from all liabilities under the contract then in force with respect
to the parts transferred except such those as may have existed or
accrued at the time of the taking effect of such instruments, and thereafter
the several tracts into which the forest has been divided and the respective
owners thereof shall be are subject to the new contract or
contracts or the modified prior contract relating thereto, as the case may be,
as provided for an original auxiliary forest contract. The provisions of this subdivision shall not
supersede or affect the application of any other provision of law to any
auxiliary forest which is divided by transfer of title unless the procedure
herein authorized is fully consummated.
Sec. 48. Minnesota Statutes 2014, section 88.491, subdivision 2, is amended to read:
Subd. 2. Effect
of expired contract. When auxiliary
forest contracts expire, or prior to expiration by mutual agreement between the
land owner landowner and the appropriate county office, the lands
previously covered by an auxiliary forest contract automatically qualify for
inclusion under the provisions of the Sustainable Forest Incentive Act;
provided that when such lands are included in the Sustainable Forest Incentive
Act prior to expiration of the
auxiliary
forest contract, they will be transferred and a tax paid as provided in
section 88.49, subdivision 5, upon application and inclusion in the sustainable
forest incentive program. The land
owner landowner shall pay taxes in an amount equal to the difference
between:
(1) the sum of:
(i) the amount which would have been paid from the date of the recording of the contract had the land under contract been subject to the Minnesota Tree Growth Tax Law; plus
(ii) beginning with taxes payable in 2003, the taxes that would have been paid if the land had been enrolled in the sustainable forest incentive program; and
(2) the amount actually paid under section
88.51, subdivisions subdivision 1, and Minnesota
Statutes 2014, section 88.51, subdivision 2.
Sec. 49. Minnesota Statutes 2014, section 88.50, is amended to read:
88.50
TAXATION.
Every auxiliary forest in this state shall
must be taxed in the manner and to the extent hereinafter provided
according to sections 88.49 to 88.53 and not otherwise. Except as expressly permitted by sections 88.47
88.49 to 88.53, no auxiliary forest shall be taxed for, or in any
manner, directly or indirectly made to contribute to, or become liable for
the payment of, any tax or assessment, general or special, or any bond,
certificate of indebtedness, or other public obligation of any name or kind,
made, issued, or created subsequent to the filing of the contract creating the
auxiliary forest, provided that temporary buildings, structures, or other fixtures
of whatsoever kind located upon land within an auxiliary forest shall be
valued and assessed as personal property and classified as class 3 under the
general system of ad valorem taxation. In
any proceeding for the making of a special improvement under the laws of this
state by which any auxiliary forest will be benefited, the owner thereof
may subject the lands therein to assessment therefor in the
manner provided by law, by filing the owner's written consent in
writing to the making of the assessment in the tribunal in which the
proceeding is pending, whereupon.
The lands shall for the purposes of the improvement and assessment not
be treated as lands not in an auxiliary forest; but the lien of any
assessment so levied on lands in any auxiliary forest shall be is
subject to the provisions of the contract creating the auxiliary forest and
subordinate to the lien of any tax imposed under the provisions of sections 88.47
88.49 to 88.53.
Sec. 50. Minnesota Statutes 2014, section 88.51, subdivision 1, is amended to read:
Subdivision 1. Annual
tax, ten cents per acre. (a)
From and after the filing of the contract creating any tract of land an
auxiliary forest under sections 88.47 88.49 to 88.53 and
hereafter upon any tract heretofore created as an auxiliary forest, the surface
of the land therein, exclusive of mineral or anything of value
thereunder, shall must be taxed annually at the rate of 10 cents
per acre. This tax shall must
be levied and collected, and the payment thereof of the tax,
with penalties and interest, enforced in the same manner as other taxes on real
estate, and shall must be credited to the funds of the taxing
districts affected in the proportion of their interest in the taxes on this
land if it had not been so made an auxiliary forest; provided, that such tax shall
be is due in full on or before May 31, after the levy thereof. Failure to pay when due any tax so levied shall
be is cause for cancellation of the contract.
(b) The levy upon the land of the
taxes provided for by section 88.49, subdivision 5, upon the cancellation of a
contract, shall discharge and annul discharges and annuls all
unpaid taxes levied or assessed thereon on the land.
Sec. 51. Minnesota Statutes 2014, section 88.51, subdivision 3, is amended to read:
Subd. 3. Determination
of estimated market value. In
determining the net tax capacity of property within any taxing district,
the value of the surface of lands within any auxiliary forest therein in
the taxing district, as determined by
the county board under the provisions of section 88.48, subdivision 3,
shall, for all purposes except the levying of taxes on lands within any such
forest, be deemed the estimated market value thereof of those surface
lands.
Sec. 52. Minnesota Statutes 2014, section 88.52, subdivision 2, is amended to read:
Subd. 2. Examination,
report. When any timber growing or
standing in any auxiliary forest shall have become is suitable
for merchantable forest products, the commissioner shall, at the written
request of the owner, a copy of which shall at the time be filed in the office
of the county auditor, make an examination of the timber and designate for the
owner the kind and number of trees most suitable to be cut if in the
judgment of the commissioner there be any, and. The cutting and removal of these designated
trees so designated shall must be in accordance with the
instructions of the commissioner. The
commissioner shall inspect the cutting or removal and determine whether it or
the manner of its performance constitute a violation of the terms of the
contract creating the auxiliary forest or of the laws applicable thereto
laws, or of the instructions of the commissioner relative to the cutting
and removal. Any such violation shall
be is ground for cancellation of the contract by the commissioner;
otherwise the contract shall continue continues in force for the
remainder of the period therein stated in the contract,
regardless of the cutting and removal. Within
90 days after the completion of any cutting or removal operation, the
commissioner shall make a report of findings thereon and transmit copies
of such the report to the county auditor and the surveyor
general.
Sec. 53. Minnesota Statutes 2014, section 88.52, subdivision 3, is amended to read:
Subd. 3. Kinds,
permit, scale report, assessment and payment of tax. (a) Upon the filing of the owner's
written request of the owner as provided in subdivision 2,
the director of lands and forestry, with the county board or the county
land commissioner, shall determine within 30 days the kinds, quantities, and
value on the stump of the timber proposed to be cut.
Before the cutting is to begin, the
director of lands and forestry shall file with the county auditor a
report showing the kinds, quantities, and value of the timber proposed
to be cut or removed and approved by the director of lands and forestry
for cutting within two years after the date of approval of the report by the
director of lands and forestry. The
county auditor shall assess and levy the estimated yield tax thereon, make
proper record of this assessment and levy in the auditor's office, and notify
the owner of the auxiliary forest of the tax amount thereof. The owner shall, before any timber in the
forest is cut or removed, give a bond payable to the state of Minnesota, or in
lieu thereof, a deposit in cash with the county treasurer, in the
amount required by the report, which shall be and not less than
150 percent of the amount of the levy, conditioned for the payment of all taxes
on the timber to be cut or removed. Upon
receipt of notification from the county auditor that the bond or cash
requirement has been deposited, the director of lands and forestry will
issue a cutting permit in accordance with the report. The owner shall keep an accurate count or
scale of all timber cut. On or before the
fifteenth day of April 15 following issuance of such the
cutting permit, and on or before the fifteenth day of April 15 of
each succeeding year in which any merchantable wood products were cut on
auxiliary forest lands prior to the termination of such the
permit, the owner of the timber covered by the permit shall file with the
director of lands and forestry a sworn statement, submitted in duplicate,
on a form prepared by the director of lands and forestry, one copy of
which shall must be transmitted to the county auditor, specifying
the quantity and value of each variety of timber and kind of product cut during
the preceding year ending on March 31, as shown by the scale or measurement thereof
made on the ground as cut, skidded, or loaded as the case may be. If no such scale or measurement shall have
been was made on the ground, an estimate thereof shall must
be made and such estimate corrected by the first scale or measurement,
made in the due course of business, and such. The correction must at once be
filed with the director of lands and forestry who shall immediately
transmit it to the county auditor. On or
before the fifteenth day of May 15 following the filing of the
sworn statement covering the quantity and value of timber cut under an
authorized permit, the auditor shall assess
and
levy a yield (severance) tax, according to Minnesota Statutes 2014, section
88.51, subdivision 2, of the timber cut during the year ending on the
March 31st 31 preceding the date of assessing and levying this
tax. This tax is payable and must be
paid to the county treasurer on or before the following May 31 next
following. Copies of the yield
(severance) tax assessment and of the yield (severance) tax payment shall
must be filed with the director of lands and forestry and the
county auditor. Except as otherwise
provided, all yield (severance) taxes herein provided for shall must
be levied and collected, and payment thereof, with penalties and
interest, enforced in the same manner as taxes imposed under the provisions
of section 88.51, subdivision 1, and shall must be credited
to the funds of the taxing districts affected in the proportion of their
interests in the taxes on the land producing the yield (severance) tax. At any time On deeming it necessary,
the director of lands and forestry may order an inspection of any or all
cutting areas within an auxiliary forest and also may require the owner
of the auxiliary forest to produce for inspection by the director of lands
and forestry of any or all cutting records pertaining to timber
cutting operations within an auxiliary forest for the purpose of determining
the accuracy of scale or measurement reports, and if intentional error in scale
or measurement reports is found to exist, shall levy and assess a tax triple
the yield (severance) tax on the stumpage value of the timber cut in excess of
the quantity and value reported.
(b) The following alternative method of assessing and paying annually the yield tax on an auxiliary forest is to be available to an auxiliary forest owner upon application and upon approval of the county board of the county within which the auxiliary forest is located.
For auxiliary forests entered under this subdivision
paragraph, the county auditor shall assess and levy the yield tax by
multiplying the acreage of each legal description included within the auxiliary
forest by the acre quantity of the annual growth by species, calculated in
cords, or in thousands of feet board measure Minnesota standard log scale rule,
whichever is more reasonably usable, for the major species found in each type
by the from year-to-year appraised stumpage prices for each of these species,
used by the Division of Lands and Forestry, Department of Natural
Resources, in selling trust fund timber located within the district in which
the auxiliary forest is located. The
assessed value of the annual growth of the auxiliary forest, thus determined, shall
be is subject to a ten percent of stumpage value yield tax, payable
annually on or before May 31. In all
other respects the assessment, levying and collection of the yield tax, as
provided for in this subdivision shall must follow the procedures
specified in clause paragraph (a).
Forest owners operating under this subdivision
shall be paragraph are subject to all other provisions of the
auxiliary forest law except such the provisions of clause paragraph
(a) as that are in conflict with this subdivision paragraph. Penalties for intentional failure by the
owner to report properly the quantity and value of the annual growth upon an
auxiliary forest entered under this subdivision paragraph and for
failure to pay the yield tax when due shall be are the same as
the penalties specified in other subdivisions of this law for like failure to
abide by its provisions.
To qualify for the assessment and levying
of the yield tax by this method, the owner of the forest requesting this method
of taxation must submit a map or maps and a tabulation in acres and in quantity
of growth by legal descriptions showing the division of the area covered by the
auxiliary forest for which this method of taxation is requested into the
following forest types, namely: white
and Norway red pine; jack pine; aspen-birch; spruce‑balsam
fir; swamp black spruce; tamarack; cedar; upland hardwoods;
lowland hardwoods; upland brush and grass (temporarily nonproductive); lowland brush
(temporarily nonproductive); and permanently nonproductive (open bogs, stagnant
swamps, rock outcrops, flowage, etc.). Definition
of these types and determination of the average rate or rates of growth (in
cords or thousand feet, board measure, Minnesota standard log scale rule, which
ever whichever is more logically applicable for each of them) shall
must be made by the director of the Division of Lands and
Forestry, Minnesota Department of Natural Resources, with the advice and
assistance of the land commissioner of the county in which the auxiliary forest
is located; the director of the United States Forest Service's North Central
Forest Experiment Station; and the director of the School of Forestry,
University of Minnesota. Before the
approval of the application of the owner of an auxiliary forest to have the
auxiliary or proposed auxiliary forest taxed under provisions of this subdivision
paragraph is submitted to the county board, the distribution
between
types
of the area as shown on the maps and in the tabulations submitted by the owner
of the auxiliary or proposed auxiliary forest shall must
be examined and their accuracy determined by the director of the Division of Lands
and Forestry, Department of Natural Resources, with the assistance of the
county board of the county in which the auxiliary forest is located.
During the life of the auxiliary forest,
contract timber cutting operations within the various types shown upon the type
map accepted as a part of the approved auxiliary forest application shall
do not bring about a reclassification of the forest types shown upon
that map or those maps until after the passage of ten years following the
termination of said the timber cutting operations and then only
upon proof of a change in type.
Sec. 54. Minnesota Statutes 2014, section 88.52, subdivision 4, is amended to read:
Subd. 4. Hearing,
procedure. The owner of any land or
timber upon which a yield tax is assessed and levied as provided in this
section may, within 15 days after mailing of notice of the amount of the tax,
file with the county auditor a demand for hearing thereon on the tax
before the county board. The county
auditor shall thereupon fix a date of hearing, which shall must
be held within 30 days after the filing of the demand, and mail to the owner
notice of the time and place of the hearing.
The owner may appear at the meeting and present evidence and argument as
to the amount of the tax and as to any related matter relating
thereto. The county board shall thereupon
determine whether the tax as levied is proper in amount and make its order thereon. The county auditor shall forthwith
mail to the owner a notice of the order.
If the amount of the tax is increased or reduced by the order, the
county auditor shall make a supplemental assessment and levy thereof, as
in this subdivision provided.
Sec. 55. Minnesota Statutes 2014, section 88.52, subdivision 5, is amended to read:
Subd. 5. Yield
tax, a prior lien. Throughout the
life of any such auxiliary forest, the yield tax accruing thereon
shall constitute and be yield tax constitutes and is a first and
prior lien upon all the merchantable timber and forest products growing or
grown thereon; and, if not paid when due, this yield tax, together with
penalties and interest thereon as otherwise provided by law and all
expenses of collecting same, shall continue continues to be a
lien upon the timber and forest products and every part and parcel thereof
wherever the same may be or however much changed in form or otherwise
improved until the yield tax is fully paid.
Such The lien may be foreclosed and the property subject thereto
to the lien dealt with by action in the name of the state, brought by
the county attorney at the request of the county auditor.
Sec. 56. Minnesota Statutes 2014, section 88.52, subdivision 6, is amended to read:
Subd. 6. Timber
held exempt from yield tax. Timber
cut from an auxiliary forest by an owner and used by the owner for fuel,
fencing, or building on land occupied by the owner which is within or
contiguous to the auxiliary forest where cut shall be is exempt
from the yield tax, and, as to timber so cut and used, the
requirements of subdivisions 1 and 2 shall do not be
applicable and in lieu thereof apply. The owner shall, prior to cutting,
file with the county auditor, on a form prepared by the commissioner, a
statement showing the quantity of each kind of forest products proposed to be
cut and the purposes for which the same the products will be
used.
Sec. 57. Minnesota Statutes 2014, section 88.523, is amended to read:
88.523
AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.
Upon application of the owner, any
auxiliary forest contract heretofore or hereafter executed may be made subject
to any provisions of law enacted subsequent to the execution of the contract
and in force at the time of application, so far as not already applicable, with
the approval of the county board and the commissioner of natural resources. As evidence thereof A supplemental
agreement in a form prescribed by the commissioner and approved by the attorney
general shall must be executed by the commissioner in behalf of
the state and by the owner. Such The
supplemental agreement shall must be filed and recorded in like
manner as the original supplemental contract under section
88.49, subdivision 9, and shall thereupon take takes effect upon
filing and recording.
Sec. 58. Minnesota Statutes 2014, section 88.53, subdivision 1, is amended to read:
Subdivision 1. Time
for disposal. Any corporation,
association, or organization may acquire and hold any amount of land without
restriction and without limit as to acreage or quantity for the purpose of
including same within and holding same as an auxiliary forest under the
provisions of sections 88.47 to 88.53.
When the same shall cease land ceases to be an auxiliary
forest, the owners shall have five years within which to dispose
of the land, any provisions of general law to the contrary notwithstanding.
Sec. 59. Minnesota Statutes 2014, section 88.53, subdivision 2, is amended to read:
Subd. 2. Rules. The director shall make rules and adopt
and prescribe such forms and procedure as shall be is necessary
in carrying out the provisions of sections 88.47 88.49 to 88.53;
and the director and every county board, county recorder, registrar of titles,
assessor, tax collector, and every other person in official authority having
any duties to perform under or growing out of sections 88.47 88.49
to 88.53 are hereby severally vested with full power and authority to enforce
such rules, employ help and assistance, acquire and use equipment and supplies,
or do any other act or thing reasonably necessary to the proper performance of
duties under or arising from the administration and enforcement of sections 88.47
88.49 to 88.53. It shall be
the duty of The director to must cause periodic inspections
to be made of all auxiliary forests for the purpose of determining whether relative
contract and statutory provisions relative thereto are being complied
with.
Sec. 60. Minnesota Statutes 2014, section 88.6435, subdivision 4, is amended to read:
Subd. 4. Forest bough account; disposition of fees. (a) The forest bough account is established in the state treasury within the natural resources fund.
(b) Fees for permits issued under this
section shall must be deposited in the state treasury and
credited to the forest bough account and, except for the electronic licensing
system commission established by the commissioner under section 84.027,
subdivision 15, are annually appropriated to the commissioner of natural
resources for costs associated with balsam bough educational special
forest product information and education programs for harvesters and
buyers.
Sec. 61. Minnesota Statutes 2014, section 90.14, is amended to read:
90.14
AUCTION SALE PROCEDURE.
(a) All state timber shall be offered and sold by the same unit of measurement as it was appraised. No tract shall be sold to any person other than the purchaser in whose name the bid was made. The commissioner may refuse to approve any and all bids received and cancel a sale of state timber for good and sufficient reasons.
(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the appraised value. In case any purchaser fails to make such payment, the purchaser shall be liable therefor to the state in a civil action, and the commissioner may reoffer the timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been made.
(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state timber may, at the time of payment by the purchaser to the commissioner of 15 percent of the appraised value, elect in writing on a form prescribed by the attorney general to purchase a permit based solely on the appraiser's estimate of the volume of timber described in the permit, provided that the commissioner has expressly designated the availability of such option for that tract on the list of tracts available for sale as required under section 90.101. A purchaser who elects in writing on a form prescribed by the attorney general to purchase a permit based solely on the appraiser's estimate of the volume of timber described on the permit does not have recourse to the provisions of section 90.281.
(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be awarded to the high bidder, who shall pay to the commissioner a down payment of 15 percent of the appraised value that must be received or postmarked within 14 days of the date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser is liable for the down payment to the state and the commissioner may offer the timber for sale to the next highest bidder as though no higher bid had been made.
(e) Except as otherwise provided by law,
at the time the purchaser signs a permit issued under section 90.151, the
commissioner shall require the purchaser to make a bid guarantee payment to the
commissioner in an amount equal to 15 percent of the total purchase price of
the permit less the down payment amount required by paragraph (b) for any bid
increase in excess of $5,000 $10,000 of the appraised value. If a required bid guarantee payment is not
submitted with the signed permit, no harvesting may occur, the permit cancels,
and the down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective
permit.
EFFECTIVE
DATE. This section is
effective June 1, 2015, and applies to permits sold on or after that date.
Sec. 62. Minnesota Statutes 2014, section 90.193, is amended to read:
90.193
EXTENSION OF TIMBER PERMITS.
The commissioner may, in the case of an
exceptional circumstance beyond the control of the timber permit holder which
makes it unreasonable, impractical, and not feasible to complete cutting and
removal under the permit within the time allowed, grant one regular extension
for one year. A written request for the
regular extension must be received by the commissioner before the permit
expires. The request must state the
reason the extension is necessary and be signed by the permit holder. An interest rate of eight five
percent may be charged for the period of extension.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 63. [92.83]
CONDEMNATION OF SCHOOL TRUST LAND.
Subdivision 1. Purpose. The purpose of this section is to
extinguish the school trust interest in school trust lands where long-term
economic return is prohibited by designation or policy while producing economic
benefits for Minnesota's public schools.
For the purposes of satisfying the Minnesota Constitution, article XI,
section 8, which limits the sale of school trust lands to a public sale, the
commissioner of natural resources shall acquire school trust lands through
condemnation, as provided in subdivision 2.
Subd. 2. Commencement
of condemnation proceedings. When
the commissioner of natural resources has determined sufficient money is
available to acquire any of the lands identified under section 84.027,
subdivision 18, paragraph (c), the
commissioner shall proceed to extinguish the school trust interest by
condemnation action. When requested by
the commissioner, the attorney general shall commence condemnation of the
identified school trust lands.
Subd. 3. Payment. The portion of the payment of the
award and judgment that is for the value of the land shall be deposited into
the permanent school fund. The remainder
of the award and judgment payment shall first be remitted for reimbursement to
the accounts from which expenses were paid, with any remainder deposited into
the permanent school fund.
Subd. 4. Account. The school trust lands account is
created in the state treasury. Money
credited to the account is appropriated to the commissioner of natural
resources for the purposes of this section.
Sec. 64. Minnesota Statutes 2014, section 94.10, subdivision 2, is amended to read:
Subd. 2. Public sale requirements. (a) After complying with subdivision 1 and before any public sale of surplus state-owned land is made and at least 30 days before the sale, the commissioner of natural resources shall publish a notice of the sale in a newspaper of general distribution in the county in which the real property to be sold is situated. The notice shall specify the time and place at which the sale will commence, a general description of the lots or tracts to be offered, and a general statement of the terms of sale. The commissioner shall also provide electronic notice of sale.
(b) The minimum bid for a parcel of land must include the estimated value or appraised value of the land and any improvements and, if any of the land is valuable for merchantable timber, the value of the merchantable timber. The minimum bid may include expenses incurred by the commissioner in rendering the property salable, including survey, appraisal, legal, advertising, and other expenses.
(c) Except as provided under paragraph (d), parcels remaining unsold after the offering may be sold to anyone agreeing to pay at least 75 percent of the appraised value. The sale shall continue until all parcels are sold or until the commissioner orders a reappraisal or withdraws the remaining parcels from sale.
(d) The commissioner may retain the services
of a licensed real estate broker to find a buyer for parcels remaining unsold
after the offering. The sale price may
be negotiated by the broker, but must not be less than 90 percent of the
appraised value as determined by the commissioner. The broker's fee must be established by prior
agreement between the commissioner and the broker and must not exceed ten
percent of the sale price for sales of $10,000 or more. The broker's fee must be paid to the broker
from the proceeds of the sale.
Sec. 65. Minnesota Statutes 2014, section 94.16, subdivision 2, is amended to read:
Subd. 2. Payment of expenses. A portion of the proceeds from the sale equal in amount to the survey, appraisal, legal, advertising, real estate broker fee, and other expenses incurred by the commissioner of natural resources in rendering the property salable and sold shall be remitted to the account from which the expenses were paid, and are appropriated and immediately available for expenditure in the same manner as other money in the account.
Sec. 66. Minnesota Statutes 2014, section 94.16, subdivision 3, is amended to read:
Subd. 3. Proceeds
from natural resources land. (a)
Except as provided in paragraph paragraphs (b) and (c),
the remainder of the proceeds from the sale of lands classified as a unit of
the outdoor recreation system under section 86A.05 that were under the
control and supervision of the commissioner of natural resources shall be
credited to the land acquisition account in the natural resources fund.
(b) The remainder of the proceeds from the sale of administrative sites under the control and supervision of the commissioner of natural resources shall be credited to the facilities management account established under section 84.0857 and used to acquire facilities or renovate existing buildings for administrative use or to acquire land for, design, and construct administrative buildings for the Department of Natural Resources.
(c) The remainder of the proceeds from
the sale of land not within a unit of the outdoor recreation system under
section 86A.05 and not an administrative site, but under the control and
supervision of the commissioner of natural resources, shall be credited to the
school trust lands account established under section 92.83.
Sec. 67. Minnesota Statutes 2014, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b. Citizen oversight committees. (a) The commissioner shall appoint committees of affected persons to review the reports prepared under subdivision 4; review the proposed work plans and budgets for the coming year; propose changes in policies, activities, and revenue enhancements or reductions; review other relevant information; and make recommendations to the legislature and the commissioner for improvements in the management and use of money in the game and fish fund.
(b) The commissioner shall appoint the following committees, each comprised of at least ten affected persons:
(1) a Fisheries Oversight Committee to review fisheries funding and expenditures, including activities related to trout and salmon stamps and walleye stamps; and
(2) a Wildlife Oversight Committee to review wildlife funding and expenditures, including activities related to migratory waterfowl, pheasant, and wild turkey management and deer and big game management.
(c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight Committee, and four additional members from each committee, shall form a Budgetary Oversight Committee to coordinate the integration of the fisheries and wildlife oversight committee reports into an annual report to the legislature; recommend changes on a broad level in policies, activities, and revenue enhancements or reductions; and provide a forum to address issues that transcend the fisheries and wildlife oversight committees.
(d) The Budgetary Oversight Committee shall develop recommendations for a biennial budget plan and report for expenditures on game and fish activities. By August 15 of each even-numbered year, the committee shall submit the budget plan recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance.
(e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen by their respective committees. The chair of the Budgetary Oversight Committee shall be appointed by the commissioner and may not be the chair of either of the other oversight committees.
(f) The Budgetary Oversight Committee may make recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance for outcome goals from expenditures.
(g) The committees authorized under this
subdivision are not advisory councils or committees governed by section 15.059
and are not subject to section 15.059. Committee
members appointed by the commissioner may request reimbursement for mileage
expenses in the same manner and amount as authorized by the commissioner's plan
adopted under section 43A.18, subdivision 2.
Committee members must not receive daily compensation for oversight
activities. The Fisheries Oversight
Committee, the Wildlife Oversight Committee, and the Budgetary Oversight
Committee expire June 30, 2015 2020.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 68. Minnesota Statutes 2014, section 97B.668, is amended to read:
97B.668
CANADA GEESE GAME BIRDS CAUSING DAMAGE.
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 Canada geese game birds that are causing property
damage from March 11 to August 31 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, or. This section does not apply to migratory
waterfowl on nests and other federally protected game birds on nests, except
ducks and geese on nests unless when a permit is obtained
under section 97A.401.
Sec. 69. Minnesota Statutes 2014, section 97C.301, is amended by adding a subdivision to read:
Subd. 2a. Aquatic
invasive species affirmation. (a)
A nonresident license to take fish issued under section 97A.475, subdivision 7,
includes aquatic invasive species affirmation as provided in section 84D.106.
(b) The aquatic invasive species
affirmation portion of the license must be displayed with the signed
nonresident license to take fish issued under section 97A.475, subdivision 7. The aquatic invasive species affirmation will
be provided at the time of purchase of a new or duplicate nonresident license.
(c) If a license is purchased online,
the aquatic invasive species affirmation may be completed electronically as
part of the online sales process, and the electronic record of the license sale
is sufficient for documenting the affirmation.
(d) Failure to complete the aquatic
invasive species affirmation in this subdivision is subject to the penalty
prescribed in section 84D.13, subdivision 5.
EFFECTIVE
DATE. This section is
effective March 1, 2016.
Sec. 70. Minnesota Statutes 2014, section 103B.101, is amended by adding a subdivision to read:
Subd. 12a. Authority
to issue penalty orders. (a)
A county or watershed district with jurisdiction or the Board of Water and Soil
Resources may issue an order requiring violations of the water resources
riparian protection requirements under sections 103F.48, 103F.415, and
103F.421, to be corrected and administratively assessing monetary penalties up
to $500 for noncompliance commencing on day one of the 11th month after the
noncompliance notice was issued. One-half
of the proceeds collected from an administrative penalty order issued under
this section must be remitted to the county or watershed district with
jurisdiction over the noncompliant site.
(b) Administrative penalties may be
reissued and appealed under paragraph (a) according to section 103F.48,
subdivision 9.
Sec. 71. Minnesota Statutes 2014, section 103B.101, is amended by adding a subdivision to read:
Subd. 16. Wetland
stakeholder coordination. The
board shall work with wetland stakeholders to foster mutual understanding and
provide recommendations for improvements to the management of wetlands and
related land and water resources, including recommendations for updating the
Wetland Conservation Act, developing an in‑lieu fee program as defined in
section 103G.005, subdivision 10g, and related provisions. The board may convene informal working groups
or work teams to provide information and education and to develop
recommendations.
Sec. 72. [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, wetland banking 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 only to cover the costs of managing easements
held by the board, including costs associated with monitoring, landowner
contacts, records storage and management, processing landowner notices,
requests for approval or amendments, enforcement, and 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 banking 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; and
(6) the expected rate of return on
investments in the account.
EFFECTIVE
DATE. Subdivisions 1 and 2 of
this section are effective the day following final enactment. Subdivision 3 of this section is effective
for conservation easements acquired with money appropriated on or after July 1,
2015, and for acquisitions of conservation easements by gift or as a condition
of approval for wetland mitigation as provided in Minnesota Rules, chapter
8420, that are initiated on or after July 1, 2015.
Sec. 73. Minnesota Statutes 2014, section 103B.3355, is amended to read:
103B.3355
WETLAND FUNCTIONS FOR DETERMINING PUBLIC VALUES.
(a) The public values of wetlands must be determined based upon the functions of wetlands for:
(1) water quality, including filtering of pollutants to surface and groundwater, utilization of nutrients that would otherwise pollute public waters, trapping of sediments, shoreline protection, and utilization of the wetland as a recharge area for groundwater;
(2) floodwater and storm water retention, including the potential for flooding in the watershed, the value of property subject to flooding, and the reduction in potential flooding by the wetland;
(3) public recreation and education, including hunting and fishing areas, wildlife viewing areas, and nature areas;
(4) commercial uses, including wild rice and cranberry growing and harvesting and aquaculture;
(5) fish, wildlife, native plant habitats;
(6) low-flow augmentation;
(7) carbon sequestration; and
(8) other public uses.
(b) The Board of Water and Soil Resources, in consultation with the commissioners of natural resources and agriculture and local government units, shall adopt rules establishing:
(1) scientific methodologies for determining the functions of wetlands; and
(2) criteria for determining the resulting public values of wetlands.
(c) The methodologies and criteria established under this section or other methodologies and criteria that include the functions in paragraph (a) and are approved by the board, in consultation with the commissioners of natural resources and agriculture and local government units, must be used to determine the functions and resulting public values of wetlands in the state. The functions listed in paragraph (a) are not listed in order of priority.
(d) Public value criteria established or approved by the board under this section do not apply in areas subject to local comprehensive wetland protection and management plans established under section 103G.2243.
(e) The Board of Water and Soil Resources,
in consultation with the commissioners of natural resources and agriculture and
local government units, may must identify regions areas
of the state where preservation, enhancement, restoration, and establishment of
wetlands would have high public value. The
board, in consultation with the commissioners, may must identify
high priority wetland regions areas for wetland replacement using
available information relating to the factors listed in paragraph (a), the
historic loss and abundance of wetlands, current applicable state and local
government water management and natural resource plans, and studies using a
watershed approach to identify current and future watershed needs. The board shall notify local units of
government with water planning authority of these high priority regions areas. Designation of high priority areas is exempt
from the rulemaking requirements of chapter 14, and section 14.386 does not
apply. Designation of high priority
areas is not effective until 30 days after publication in the State Register.
(f) Local units of government, as part
of a state-approved comprehensive local water management plan as defined in
section 103B.3363, subdivision 3, a state-approved comprehensive watershed
management plan as defined in section 103B.3363, subdivision 3a, or a
state-approved local comprehensive wetland protection and management plan under
section 103G.2243, may identify priority areas for wetland replacement and
provide them for consideration under paragraph (e).
Sec. 74. Minnesota Statutes 2014, section 103D.335, subdivision 21, is amended to read:
Subd. 21. Contracts. The managers may make contracts or other arrangements with the federal government, persons, railroads or other corporations, political subdivisions, and the state or other states, with drainage authorities, flood control, soil conservation, or other improvement districts in this state or other states, for cooperation or
assistance
in constructing, maintaining, and operating the projects of the watershed
district, or for the control of its waters, or for making surveys and
investigations or reports on them. Property
acquired for flood damage reduction purposes by the watershed district may be
operated or leased by the district for agricultural purposes during periods the
property is not needed for flood control, provided it remains subject to use by
the watershed district as necessary for flood control purposes. Notwithstanding section 16A.695, revenue
received by the watershed district from the operation or lease of state bond
financed property acquired for flood control purposes shall be retained by the
district in a separate project-specific account and used solely for flood
control operation, maintenance, and replacement purposes within the related
project area and, if the district determines that the account contains adequate
reserves for future operation, maintenance, and replacement, any excess may be
used for the construction, operation, maintenance, or replacement of other
flood control projects as approved by the commissioner.
Sec. 75. Minnesota Statutes 2014, section 103F.421, subdivision 4, is amended to read:
Subd. 4. Application
for cost-sharing funds. The
landowner has 90 days after a mediated settlement is filed complaint
is substantiated to apply for state cost-sharing funds that will provide
75 percent of the cost of the permanent conservation practices. Only 50 Fifty percent of the
cost share will be provided if the application is not made within 90 days after
the settlement is filed, unless the soil and water conservation district or
the board provides an extension. An
extension must be granted if funds are not available. The landowner must apply for 50 percent of
the cost share within 270 days after the mediated settlement is filed.
Sec. 76. Minnesota Statutes 2014, section 103F.421, is amended by adding a subdivision to read:
Subd. 6. Application
of state and federal law. Nothing
in this section is intended to preclude the application of other applicable
state or federal law.
Sec. 77. [103F.48]
RIPARIAN PROTECTION AND WATER QUALITY PRACTICES.
Subdivision
1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given them.
(b) "Board" means the Board
of Water and Soil Resources.
(c) "Buffer" means an area
consisting of perennial vegetation, excluding invasive plants and noxious
weeds, adjacent to all bodies of water within the state and that protects the
water resources of the state from runoff pollution; stabilizes soils, shores,
and banks; and protects or provides riparian corridors.
(d) "Buffer protection map"
means buffer maps established and maintained by the commissioner of natural
resources.
(e) "Commissioner" means the
commissioner of natural resources.
(f) "Executive director"
means the executive director of the Board of Water and Soil Resources.
(g) "Local water management
authority" means a watershed district, metropolitan water management
organization, or county operating separately or jointly in its role as local
water management authority under chapter 103B or 103D.
(h) "Normal water level"
means the level evidenced by the long-term presence of surface water as
indicated directly by hydrophytic plants or hydric soils or indirectly
determined via hydrological models or analysis.
(i) "Public waters" has the
meaning given in section 103G.005, subdivision 15.
Subd. 2. Purpose. It is the policy of the state to
establish riparian buffers and water quality practices to:
(1) protect state water resources from
erosion and runoff pollution;
(2) stabilize soils, shores, and banks;
and
(3) protect or provide riparian
corridors.
Subd. 3. Water
resources riparian protection requirements on public waters and public drainage
systems. (a) Except as
provided in paragraph (b), landowners owning property adjacent to a water body
identified and mapped on a buffer protection map must maintain a buffer to
protect the state's water resources as follows:
(1) for all public waters, the more
restrictive of:
(i) a 50-foot average width, 30-foot
minimum width, continuous buffer of perennially rooted vegetation; or
(ii) the state shoreland standards and
criteria adopted by the commissioner under section 103F.211; and
(2) for public drainage systems
established under chapter 103E, a 16.5-foot minimum width continuous buffer of
perennially rooted vegetation on ditches within the benefited area of public
drainage systems.
(b) A landowner owning property
adjacent to a water body identified in a buffer protection map and whose
property is used for cultivation farming may meet the requirements under
paragraph (a) by adopting an alternative riparian water quality practice, or
combination of structural, vegetative, and management practices, based on the
Natural Resources Conservation Service Field Office Technical Guide or other
practices approved by the board, that provide water quality protection
comparable to the buffer protection for the water body that the property abuts.
(c) The width of a buffer must be
measured from the top or crown of the bank.
Where there is no defined bank, measurement must be from the edge of the
normal water level.
(d) Upon request by a landowner or
authorized agent or operator of a landowner, a technical professional employee
or contractor of the soil and water conservation district or its delegate may
issue a validation of compliance with the requirements of this subdivision. The soil and water conservation district
validation may be appealed to the board as described in subdivision 9.
(e) Buffers or alternative water
quality practices required under paragraph (a) or (b) must be in place on or
before:
(1) November 1, 2017, for public
waters; and
(2) November 1, 2018, for public
drainage systems.
Subd. 4. Local
water resources riparian protection.
On or before July 1, 2017, the soil and water conservation
district shall develop, adopt, and submit to each local water management
authority within its boundary a summary of watercourses for inclusion in the
local water management authority's plan.
A local water management authority that receives a summary of
watercourses identified under this subdivision must revise its comprehensive
local water management plan or comprehensive watershed management plan to
incorporate the soil and water conservation district recommendations.
Subd. 5. Exemptions. Land adjacent to waters subject to
subdivision 3 is exempt from the water resource protection requirements under
subdivision 3, to the extent these exemptions are not inconsistent with the
requirements of the state shoreland rules adopted by the commissioner pursuant
to section 103F.211, if it is:
(1) enrolled in the federal
Conservation Reserve Program;
(2) used as a public or private water
access or recreational use area including stairways, landings, picnic areas,
access paths, beach and watercraft access areas, and permitted water-oriented
structures as provided in the shoreland model standards and criteria adopted
pursuant to section 103F.211 or as provided for in an approved local government
shoreland ordinance;
(3) covered by a road, trail, building,
or other structures; or
(4) regulated by a national pollutant
discharge elimination system/state disposal system (NPDES/SDS) permit under
Minnesota Rules, chapter 7090, and provides water resources riparian
protection, in any of the following categories:
(i) municipal separate storm sewer
system (MS4);
(ii) construction storm water (CSW); or
(iii) industrial storm water (ISW);
(5) part of a water-inundation cropping
system; or
(6) in a temporary nonvegetated
condition due to drainage tile installation and maintenance, alfalfa or other
perennial crop or plant seeding, or construction or conservation projects
authorized by a federal, state, or local government unit.
Subd. 6. Local
implementation and assistance. (a)
Soil and water conservation districts must assist landowners with
implementation of the water resource riparian protection requirements
established in this section. For the
purposes of this subdivision, assistance includes planning, technical
assistance, implementation of approved alternative practices, and tracking
progress towards compliance with the requirements.
(b) The commissioner or the board must
provide sufficient funding to soil and water conservation districts to
implement this section.
Subd. 7. Corrective
actions. (a) If the soil and
water conservation district determines a landowner is not in compliance with
this section, the district must notify the county or watershed district with
jurisdiction over the noncompliant site.
The county or watershed district must provide the landowner with a list
of corrective actions needed to come into compliance and a practical timeline
to meet the requirements in this section.
The county or watershed district with jurisdiction must provide a copy
of the corrective action notice to the board.
(b) If the landowner does not comply
with the list of actions and timeline provided, the county or watershed
district may enforce this section under the authority granted in section
103B.101, subdivision 12a. Before
exercising this authority, a county or watershed district must adopt a plan
containing procedures for the issuance of administrative penalty orders and may
issue orders beginning November 1, 2017.
If a county or watershed district with jurisdiction over the
noncompliant site has not adopted a plan under this paragraph, the board may
enforce this section under the authority granted in section 103B.101,
subdivision 12a.
(c)
If the county, watershed district, or board determines that sufficient steps
have been taken to fully resolve noncompliance, all or part of the penalty may
be forgiven.
(d) An order issued under paragraph (b)
may be appealed to the board as provided under subdivision 9.
(e) A corrective action is not required
for conditions resulting from a flood or other act of nature.
(f) A landowner agent or operator of a
landowner may not remove or willfully degrade a riparian buffer or water
quality practice, wholly or partially, unless the agent or operator has
obtained a signed statement from the property owner stating that the permission
for the work has been granted by the unit of government authorized to approve
the work in this section or that a buffer or water quality practice is not
required as validated by the soil and water conservation district. Removal or willful degradation of a riparian
buffer or water quality practice, wholly or partially, by an agent or operator
is a separate and independent offense and may be subject to the corrective
actions and penalties in this subdivision.
Subd. 8. Funding
subject to withholding. The
state may withhold funding from a local water management authority or a soil
and water conservation district that fails to implement this section. Funding subject to withholding includes soil
and water program aid, a natural resources block grant, and other project or
program funding. Funding may be restored
upon the board's approval of a corrective action plan.
Subd. 9. Appeals
of validations and penalty orders. A
landowner or agent or operator may appeal the terms and conditions of a soil
and water conservation district validation or an administrative penalty order
to the board within 30 days of receipt of written or electronic notice of the
validation or order. The request for
appeal must be in writing. The appealing
party must provide a copy of the validation or order that is being appealed,
the basis for the appeal, and any supporting evidence. The request for appeal may be submitted
personally, by first class mail, or electronically to the executive director. If a written or electronic request for appeal
is not submitted within 30 days, the validation or order is final. The executive director shall review the
request and supporting evidence and issue a decision within 60 days of receipt
of an appeal. The executive director's
decision is appealable directly to the Court of Appeals pursuant to sections
14.63 to 14.69.
Subd. 10. Landowner
financial assistance and public drainage system procedure. (a) A landowner or drainage authority
may contact the soil and water conservation district for information on how to
apply for local, state, or federal cost-share grants, contracts, or loans that
are available to establish buffers or other water resource protection measures.
(b) The provisions of sections
103E.011, subdivision 5; 103E.021, subdivision 6; and 103E.715 may be used in
advance or retroactively to acquire or provide compensation for all or part of
the buffer strip establishment or alternative riparian water quality practices
as required under subdivision 3, paragraph (a), within the benefited area of a
public drainage system. Implementation
of this subdivision is not subject to limitation of project costs to the
current benefits adopted for the drainage system.
Subd. 11. State
lands. This section applies
to the state and its departments and agencies.
Sec. 78. Minnesota Statutes 2014, section 103F.612, subdivision 2, is amended to read:
Subd. 2. Application. (a) A wetland owner may apply to the
county where a wetland is located for designation of a wetland preservation
area in a high priority wetland area identified in a comprehensive local
water plan, as defined in section 103B.3363, subdivision 3, and located within
a high priority wetland region designated by the Board of Water and Soil
Resources, if the county chooses to accept wetland preservation area applications. The application must be made on forms
provided by the board. If a wetland is
located in more than one county, the application must be submitted to the
county where the majority of the wetland is located.
(b) The application shall be executed and acknowledged in the manner required by law to execute and acknowledge a deed and must contain at least the following information and other information the Board of Water and Soil Resources requires:
(1) legal description of the area to be approved, which must include an upland strip at least 16-1/2 feet in width around the perimeter of wetlands within the area and may include total upland area of up to four acres for each acre of wetland;
(2) parcel identification numbers where designated by the county auditor;
(3) name and address of the owner;
(4) a statement by the owner covenanting that the land will be preserved as a wetland and will only be used in accordance with conditions prescribed by the Board of Water and Soil Resources and providing that the restrictive covenant will be binding on the owner and the owner's successors or assigns, and will run with the land.
(c) The upland strip required in paragraph (b), clause (1), must be planted with permanent vegetation other than a noxious weed.
Sec. 79. Minnesota Statutes 2014, section 103G.005, is amended by adding a subdivision to read:
Subd. 10g. In-lieu
fee program. "In-lieu
fee program" means a program in which wetland replacement requirements of
section 103G.222 are satisfied through payment of money to the board or a
board-approved sponsor to develop replacement credits according to section
103G.2242, subdivision 12.
Sec. 80. Minnesota Statutes 2014, section 103G.222, subdivision 1, is amended to read:
Subdivision 1. Requirements. (a) Wetlands must not be drained or
filled, wholly or partially, unless replaced by restoring or creating
wetland areas of actions that provide at least equal public value
under a replacement plan approved as provided in section 103G.2242, a
replacement plan under a local governmental unit's comprehensive wetland
protection and management plan approved by the board under section 103G.2243,
or, if a permit to mine is required under section 93.481, under a mining
reclamation plan approved by the commissioner under the permit to mine. For project-specific wetland replacement
completed prior to wetland impacts authorized or conducted under a permit to
mine within the Great Lakes and Rainy River watershed basins, those basins
shall be considered a single watershed for purposes of determining wetland
replacement ratios. Mining reclamation
plans shall apply the same principles and standards for replacing wetlands by
restoration or creation of wetland areas that are applicable to mitigation
plans approved as provided in section 103G.2242. Public value must be determined in accordance
with section 103B.3355 or a comprehensive wetland protection and management
plan established under section 103G.2243.
Sections 103G.221 to 103G.2372 also apply to excavation in permanently
and semipermanently flooded areas of types 3, 4, and 5 wetlands.
(b) Replacement must be guided by the following principles in descending order of priority:
(1) avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;
(2) minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment;
(4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing substitute wetland resources or environments.
For a project involving the draining or filling of wetlands in an amount not exceeding 10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, paragraph (a), the local government unit may make an on-site sequencing determination without a written alternatives analysis from the applicant.
(c) If a wetland is located in a cultivated field, then replacement must be accomplished through restoration only without regard to the priority order in paragraph (b), provided that the altered wetland is not converted to a nonagricultural use for at least ten years.
(d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241, subdivision 2, paragraph (b) or (e), the local government unit may require a deed restriction that prohibits nonagricultural use for at least ten years. The local government unit may require the deed restriction if it determines the wetland area drained is at risk of conversion to a nonagricultural use within ten years based on the zoning classification, proximity to a municipality or full service road, or other criteria as determined by the local government unit.
(e) Restoration and replacement of wetlands must be accomplished in accordance with the ecology of the landscape area affected and ponds that are created primarily to fulfill storm water management, and water quality treatment requirements may not be used to satisfy replacement requirements under this chapter unless the design includes pretreatment of runoff and the pond is functioning as a wetland.
(f) Except as provided in paragraph (g), for a wetland or public waters wetland located on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland for each acre of drained or filled wetland.
(g) For a wetland or public waters wetland located on agricultural land or in a greater than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for each acre of drained or filled wetland.
(h) Wetlands that are restored or created as a result of an approved replacement plan are subject to the provisions of this section for any subsequent drainage or filling.
(i) Except in a greater than 80 percent
area, only wetlands that have been restored from previously drained or filled
wetlands, wetlands created by excavation in nonwetlands, wetlands created by
dikes or dams along public or private drainage ditches, or wetlands created by
dikes or dams associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established in for
wetland replacement according to rules adopted under section 103G.2242,
subdivision 1. Modification or
conversion of nondegraded naturally occurring wetlands from one type to another
are not eligible for enrollment in a statewide wetlands bank wetland
replacement.
(j) The Technical Evaluation Panel established under section 103G.2242, subdivision 2, shall ensure that sufficient time has occurred for the wetland to develop wetland characteristics of soils, vegetation, and hydrology before recommending that the wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason to believe that the wetland characteristics may change substantially, the panel shall postpone its recommendation until the wetland has stabilized.
(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply to the state and its departments and agencies.
(l) For projects involving draining or filling of wetlands associated with a new public transportation project, and for projects expanded solely for additional traffic capacity, public transportation authorities may purchase credits from the board at the cost to the board to establish credits. Proceeds from the sale of credits provided under this paragraph are appropriated to the board for the purposes of this paragraph. For the purposes of this paragraph, "transportation project" does not include an airport project.
(m) A replacement plan for wetlands is not required for individual projects that result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or replacement of a currently serviceable existing state, city, county, or town public road necessary, as determined by the public transportation authority, to meet state or federal design or safety standards or requirements, excluding new roads or roads expanded solely for additional traffic capacity lanes. This paragraph only applies to authorities for public transportation projects that:
(1) minimize the amount of wetland filling or draining associated with the project and consider mitigating important site-specific wetland functions on site;
(2) except as provided in clause (3), submit project-specific reports to the board, the Technical Evaluation Panel, the commissioner of natural resources, and members of the public requesting a copy at least 30 days prior to construction that indicate the location, amount, and type of wetlands to be filled or drained by the project or, alternatively, convene an annual meeting of the parties required to receive notice to review projects to be commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less than 10,000 square feet, submit project-specific reports, within 30 days of commencing the activity, to the board that indicate the location, amount, and type of wetlands that have been filled or drained.
Those required to receive notice of public transportation projects may appeal minimization, delineation, and on‑site mitigation decisions made by the public transportation authority to the board according to the provisions of section 103G.2242, subdivision 9. The Technical Evaluation Panel shall review minimization and delineation decisions made by the public transportation authority and provide recommendations regarding on-site mitigation if requested to do so by the local government unit, a contiguous landowner, or a member of the Technical Evaluation Panel.
Except for state public transportation projects, for which the state Department of Transportation is responsible, the board must replace the wetlands, and wetland areas of public waters if authorized by the commissioner or a delegated authority, drained or filled by public transportation projects on existing roads.
Public transportation authorities at their discretion may deviate from federal and state design standards on existing road projects when practical and reasonable to avoid wetland filling or draining, provided that public safety is not unreasonably compromised. The local road authority and its officers and employees are exempt from liability for any tort claim for injury to persons or property arising from travel on the highway and related to the deviation from the design standards for construction or reconstruction under this paragraph. This paragraph does not preclude an action for damages arising from negligence in construction or maintenance on a highway.
(n) If a landowner seeks approval of a replacement plan after the proposed project has already affected the wetland, the local government unit may require the landowner to replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.
(o) A local government unit may request the board to reclassify a county or watershed on the basis of its percentage of presettlement wetlands remaining. After receipt of satisfactory documentation from the local government, the board shall change the classification of a county or watershed. If requested by the local government unit, the board must assist in developing the documentation. Within 30 days of its action to approve a change of wetland classifications, the board shall publish a notice of the change in the Environmental Quality Board Monitor.
(p) One hundred citizens who reside within the jurisdiction of the local government unit may request the local government unit to reclassify a county or watershed on the basis of its percentage of presettlement wetlands remaining. In support of their petition, the citizens shall provide satisfactory documentation to the local government unit. The local government unit shall consider the petition and forward the request to the board under paragraph (o) or provide a reason why the petition is denied.
Sec. 81. Minnesota Statutes 2014, section 103G.222, subdivision 3, is amended to read:
Subd. 3. Wetland replacement siting. (a) Impacted wetlands in a 50 to 80 percent area must be replaced in a 50 to 80 percent area or in a less than 50 percent area. Impacted wetlands in a less than 50 percent area must be replaced in a less than 50 percent area. All wetland replacement must follow this priority order:
(1) on site or in the same minor watershed as the impacted wetland;
(2) in the same watershed as the impacted wetland;
(3) in the same county or wetland bank
service area as the impacted wetland; and
(4) in another wetland bank service area;
and.
(5) statewide for public transportation
projects, except that wetlands impacted in less than 50 percent areas must be
replaced in less than 50 percent areas, and wetlands impacted in the
seven-county metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or, (ii) in another
of the seven metropolitan counties, or (iii) in one of the major watersheds
that are wholly or partially within the seven-county metropolitan area, but at
least one to one must be replaced within the seven-county metropolitan area.
(b) The exception in paragraph (a),
clause (5), does not apply to replacement completed using wetland banking
credits established by a person who submitted a complete wetland banking
application to a local government unit by April 1, 1996.
(b) Notwithstanding paragraph (a),
wetland banking credits approved according to a complete wetland banking
application submitted to a local government unit by April 1, 1996, may be used
to replace wetland impacts resulting from public transportation projects
statewide.
(c) Notwithstanding paragraph (a),
clauses (1) and (2), the priority order for replacement by wetland banking
begins at paragraph (a), clause (3), according to rules adopted under section
103G.2242, subdivision 1.
(c) (d) When reasonable, practicable,
and environmentally beneficial replacement opportunities are not available in
siting priorities listed in paragraph (a), the applicant may seek opportunities
at the next level.
(d) (e) For the purposes of
this section, "reasonable, practicable, and environmentally beneficial
replacement opportunities" are defined as opportunities that:
(1) take advantage of naturally occurring hydrogeomorphological conditions and require minimal landscape alteration;
(2) have a high likelihood of becoming a functional wetland that will continue in perpetuity;
(3) do not adversely affect other habitat types or ecological communities that are important in maintaining the overall biological diversity of the area; and
(4) are available and capable of being done after taking into consideration cost, existing technology, and logistics consistent with overall project purposes.
(e) Applicants and local government units
shall rely on board-approved comprehensive inventories of replacement
opportunities and watershed conditions, including the Northeast Minnesota
Wetland Mitigation Inventory and Assessment (January 2010), in determining
whether reasonable, practicable, and environmentally beneficial replacement
opportunities are available.
(f) Regulatory agencies, local government units, and other entities involved in wetland restoration shall collaborate to identify potential replacement opportunities within their jurisdictional areas.
(g) The board must establish wetland
replacement ratios and wetland bank service area priorities to implement the
siting and targeting of wetland replacement and encourage the use of high
priority areas for wetland replacement.
Sec. 82. Minnesota Statutes 2014, 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, which may include including provisions allowing
monetary payment to the wetland banking program for alteration of wetlands on
agricultural land for an in-lieu fee program; the administrative,
monitoring, and enforcement procedures to be used; and a procedure for the
review and appeal of decisions under this section. In the case of peatlands, the replacement
plan rules must consider the impact on carbon balance described in the
report required by Laws 1990, chapter 587, and include the planting of trees or
shrubs. 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.
Sec. 83. Minnesota Statutes 2014, section 103G.2242, subdivision 2, is amended to read:
Subd. 2.
Evaluation. (a) Questions concerning the public
value, location, size, or type of a wetland shall be submitted to and
determined by a Technical Evaluation Panel after an on-site inspection. The Technical Evaluation Panel shall be
composed of a technical professional employee of the board, a technical
professional employee of the local soil and water conservation district or
districts, a technical professional with expertise in water resources
management appointed by the local government unit, and a technical professional
employee of the Department of Natural Resources for projects affecting public
waters or wetlands adjacent to public waters.
The panel shall use the "United States Army Corps of Engineers
Wetland Delineation Manual" (January 1987), including updates,
supplementary guidance, and replacements, if any, "Wetlands of the United
States" (United States Fish and Wildlife Service Circular 39, 1971
edition), and "Classification of Wetlands and Deepwater Habitats of the
United States" (1979 edition). The
panel shall provide the wetland determination and recommendations on other
technical matters to the local government unit that must approve a replacement
plan, wetland banking plan sequencing, exemption determination,
no-loss determination, or wetland boundary or type determination and may
recommend approval or denial of the plan.
The authority must consider and include the decision of the Technical
Evaluation Panel in their approval or denial of a plan or determination.
(b) Persons conducting wetland or public waters boundary delineations or type determinations are exempt from the requirements of chapter 326. The board may develop a professional wetland delineator certification program.
(c) The board must establish an
interagency team to assist in identifying and evaluating potential wetland
replacement sites. The team must consist
of members of the Technical Evaluation Panel and representatives from the
Department of Natural Resources; the Pollution Control Agency; the United
States Army Corps of Engineers, St. Paul district; and other organizations
as determined by the board.
Sec. 84. Minnesota Statutes 2014, section 103G.2242, subdivision 3, is amended to read:
Subd. 3. Replacement
completion. (a) Replacement
of wetland values must be completed prior to or concurrent with the actual
draining or filling of a wetland, unless:
(1) an irrevocable bank letter of
credit or other security financial assurance acceptable to the
local government unit or the board is given to the local government unit or the
board to guarantee the successful completion of the replacement.; or
(2) the replacement is approved under an in-lieu fee program according to rules adopted under subdivision 1. In the case of an in-lieu fee program established by a board-approved sponsor, the board may require that a financial assurance in an amount and method acceptable to the board be given to the board to ensure the approved sponsor fulfills the sponsor's obligation to complete the required wetland replacement.
The board may establish, sponsor, or
administer a wetland banking program, which may include provisions allowing
monetary payment to the wetland bank for impacts to wetlands on agricultural
land, for impacts that occur in greater than 80 percent areas, and for public
road projects. (b) The board may
acquire land in fee title, purchase or accept easements, enter into agreements,
and purchase existing wetland replacement credits to facilitate the wetland
banking program. The board may establish
in-lieu fee payment amounts and hold money in an account in the special revenue
fund, which is appropriated to the board to be used solely for establishing
replacement wetlands and administering the wetland banking program.
(c) The board shall coordinate the establishment and operation of a wetland bank with the United States Army Corps of Engineers, the Natural Resources Conservation Service of the United States Department of Agriculture, and the commissioners of natural resources, agriculture, and the Pollution Control Agency.
Sec. 85. Minnesota Statutes 2014, section 103G.2242, subdivision 4, is amended to read:
Subd. 4. Decision. Upon receiving and considering all
required data, the local government unit reviewing replacement plan
applications, banking plan sequencing applications, and exemption
or no-loss determination requests must act on all replacement plan
applications, banking plan sequencing applications, and exemption
or no‑loss determination requests in compliance with section 15.99.
Sec. 86. Minnesota Statutes 2014, section 103G.2242, subdivision 12, is amended to read:
Subd. 12. Replacement
credits. (a) No public or private
wetland restoration, enhancement, or construction may be allowed for
replacement unless specifically designated for replacement and paid for by the
individual or organization performing the wetland restoration, enhancement, or
construction, and is completed prior to any draining or filling of the
wetland.
(b) Paragraph (a) does not apply to a wetland whose owner has paid back with interest the individual or organization restoring, enhancing, or constructing the wetland.
(c) Notwithstanding section 103G.222, subdivision 1, paragraph (i), the following actions, and others established in rule, that are consistent with criteria in rules adopted by the board in conjunction with the commissioners of natural resources and agriculture, are eligible for replacement credit as determined by the local government unit or the board, including enrollment in a statewide wetlands bank:
(1) reestablishment of permanent native, noninvasive vegetative cover on a wetland on agricultural land that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes, or was in a land retirement program during the past ten years;
(2) buffer areas of permanent native, noninvasive vegetative cover established or preserved on upland adjacent to replacement wetlands;
(3) wetlands restored for conservation
purposes under terminated easements or contracts; and
(4) water quality treatment ponds
constructed to pretreat storm water runoff prior to discharge to wetlands,
public waters, or other water bodies, provided that the water quality treatment
ponds must be associated with an ongoing or proposed project that will impact a
wetland and replacement credit for the treatment ponds is based on the replacement of wetland functions and on an
approved storm water management plan for the local government.; and
(5) in a greater than 80 percent area,
restoration and protection of streams and riparian buffers that are important
to the functions and sustainability of aquatic resources.
(d) Notwithstanding section 103G.222, subdivision 1, paragraphs (f) and (g), the board may establish by rule different replacement ratios for restoration projects with exceptional natural resource value.
Sec. 87. Minnesota Statutes 2014, section 103G.2242, subdivision 14, is amended to read:
Subd. 14. Fees established. (a) Fees must be assessed for managing wetland bank accounts and transactions as follows:
(1) account maintenance annual fee: one percent of the value of credits not to exceed $500;
(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to exceed $1,000 per establishment, deposit, or transfer; and
(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.
(b) The board may establish fees at or below the amounts in paragraph (a) for single-user or other dedicated wetland banking accounts.
(c) Fees for single-user or other dedicated wetland banking accounts established pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment of a wetland banking account and are assessed at the rate of 6.5 percent of the value of the credits not to exceed $1,000.
(d) The board may assess a fee to pay the
costs associated with establishing conservation easements, or other long-term
protection mechanisms prescribed in the rules adopted under subdivision 1, on
property used for wetland replacement.
Sec. 88. Minnesota Statutes 2014, section 103G.2251, is amended to read:
103G.2251
STATE CONSERVATION EASEMENTS; WETLAND BANK CREDIT.
In greater than 80 percent areas, preservation of wetlands, riparian buffers, and watershed areas essential to maintaining important functions and sustainability of aquatic resources in the watershed that are protected by a permanent conservation easement as defined under section 84C.01 and held by the board may be eligible for wetland replacement or mitigation credits, according to rules adopted by the board. To be eligible for credit under this section, a conservation easement must be established after May 24, 2008, and approved by the board. Wetland areas on private lands preserved under this section are not eligible for replacement or mitigation credit if the area has been protected using public conservation funds.
Sec. 89. Minnesota Statutes 2014, section 103G.245, subdivision 2, is amended to read:
Subd. 2. Exceptions. A public waters work permit is not required for:
(1) work in altered natural watercourses
that are part of drainage systems established under chapter 103D or 103E if the
work in the waters is undertaken according to chapter 103D or 103E; or
(2) a drainage project for a drainage
system established under chapter 103E that does not substantially affect public
waters.; or
(3) culvert restoration or replacement
of the same size and elevation, if the restoration or replacement does not
impact a designated trout stream.
Sec. 90. Minnesota Statutes 2014, section 103G.271, subdivision 3, is amended to read:
Subd. 3. Permit
restriction during summer months. The
commissioner must not modify or restrict the amount of appropriation from a
groundwater source authorized in a water use permit issued to irrigate
agricultural land between May April 1 and October 1, or, for
agricultural land with a crop, until November 15, unless the commissioner
determines the authorized amount of appropriation endangers a domestic water
supply.
Sec. 91. Minnesota Statutes 2014, section 103G.271, subdivision 5, is amended to read:
Subd. 5. Prohibition on once-through water use permits. (a) Except as provided in paragraph (c), the commissioner may not issue a water use permit to increase the volume of appropriation from a groundwater source for a once-through cooling system.
(b) Except as provided in paragraph (c), once-through system water use permits using in excess of 5,000,000 gallons annually must be terminated by the commissioner, unless the discharge is into a public water basin within a nature preserve approved by the commissioner and established prior to January 1, 2001. The commissioner may issue a permit for a system in existence prior to January 1, 2015, for up to 5,000,000 gallons annually. Existing once-through systems must not be expanded and are required to convert to water efficient alternatives within the design life of existing equipment.
(c) Notwithstanding paragraphs (a) and (b), the commissioner, with the approval of the commissioners of health and the Pollution Control Agency, may issue once-through system water use permits on an annual basis for groundwater thermal exchange devices or aquifer storage and recovery systems that return all once-through system water to the source aquifer. Water use permit processing fees in subdivision 6, paragraph (a), apply to all water withdrawals under this paragraph, including any reuse of water returned to the source aquifer.
Sec. 92. Minnesota Statutes 2014, section 103G.271, subdivision 6a, is amended to read:
Subd. 6a. Payment
of fees for past unpermitted appropriations.
An entity that appropriates water without a required permit under
subdivision 1 must pay the applicable water use permit processing fee specified
in subdivision 6 for the period during which the unpermitted appropriation
occurred. The fees for unpermitted
appropriations are required for the previous seven calendar years after being
notified of the need for a permit. This
fee is in addition to any other fee or penalty assessed. The commissioner may waive payment of fees
for past unpermitted appropriations for a residential system permitted under
subdivision 5, paragraph (b).
Sec. 93. Minnesota Statutes 2014, section 103G.287, subdivision 1, is amended to read:
Subdivision 1. Applications for groundwater appropriations; preliminary well construction approval. (a) Groundwater use permit applications are not complete until the applicant has supplied:
(1) a water well record as required by section 103I.205, subdivision 9, information on the subsurface geologic formations penetrated by the well and the formation or aquifer that will serve as the water source, and geologic information from test holes drilled to locate the site of the production well;
(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;
(3) information on groundwater quality in terms of the measures of quality commonly specified for the proposed water use and details on water treatment necessary for the proposed use;
(4) an inventory of existing wells
within 1-1/2 miles of the proposed production well or within the area of
influence, as determined by the commissioner.
The inventory must include information on well locations, depths,
geologic formations, depth of the pump or intake, pumping and nonpumping water
levels, and details of well construction;
(5) (4) the results of an
aquifer test completed according to specifications approved by the commissioner. The test must be conducted at the maximum
pumping rate requested in the application and for a length of time adequate to
assess or predict impacts to other wells and surface water and groundwater
resources. The permit applicant is
responsible for all costs related to the aquifer test, including the
construction of groundwater and surface water monitoring installations, and
water level readings before, during, and after the aquifer test; and
(6) (5) the results of any
assessments conducted by the commissioner under paragraph (c).
(b) The commissioner may waive an application requirement in this subdivision if the information provided with the application is adequate to determine whether the proposed appropriation and use of water is sustainable and will protect ecosystems, water quality, and the ability of future generations to meet their own needs.
(c) The commissioner shall provide an assessment of a proposed well needing a groundwater appropriation permit. The commissioner shall evaluate the information submitted as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the anticipated appropriation request is likely to meet the applicable requirements of this chapter. If the appropriation request is likely to meet applicable requirements, the commissioner shall provide the person submitting the information with a letter providing preliminary approval to construct the well.
Sec. 94. [103G.289]
WELL INTERFERENCE; WELL SEALING.
The commissioner shall not validate a
well interference claim if the affected well has been sealed prior to the
completion of the commissioner's investigation of the complaint. If the well is sealed prior to completion of
the investigation, the commissioner must dismiss the complaint.
Sec. 95. Minnesota Statutes 2014, section 103G.291, subdivision 3, is amended to read:
Subd. 3. Water supply plans; demand reduction. (a) Every public water supplier serving more than 1,000 people must submit a water supply plan to the commissioner for approval by January 1, 1996. In accordance with guidelines developed by the commissioner, the plan must address projected demands, adequacy of the water supply system and planned improvements, existing and future water sources, natural resource impacts or limitations, emergency preparedness, water conservation, supply and demand reduction measures, and allocation priorities that are consistent with section 103G.261. Public water suppliers must update their plan and, upon notification, submit it to the commissioner for approval every ten years.
(b) The water supply plan in paragraph (a)
is required for all communities in the metropolitan area, as defined in section
473.121, with a municipal water supply system and is a required element of the
local comprehensive plan required under section 473.859. Water supply plans or updates submitted
after December 31, 2008, must be consistent with the metropolitan area master
water supply plan required under section 473.1565, subdivision 1, paragraph
(a), clause (2).
(c) Public water suppliers serving more than 1,000 people must encourage water conservation by employing water use demand reduction measures, as defined in subdivision 4, paragraph (a), before requesting approval from the commissioner of health under section 144.383, paragraph (a), to construct a public water supply well or requesting an increase in the authorized volume of appropriation. The commissioner of natural resources and the water supplier shall use a collaborative process to achieve demand reduction measures as a part of a water supply plan review process.
(d) Public water suppliers serving more than 1,000 people must submit records that indicate the number of connections and amount of use by customer category and volume of water unaccounted for with the annual report of water use required under section 103G.281, subdivision 3.
(e) For the purposes of this section, "public water supplier" means an entity that owns, manages, or operates a public water supply, as defined in section 144.382, subdivision 4.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 96. Minnesota Statutes 2014, section 103G.301, subdivision 5a, is amended to read:
Subd. 5a. Town
fees limited exemption. Notwithstanding
this section or any other law, no permit application, general permit
notification, or field inspection fee shall be charged to a town in
connection with the construction or alteration of a town road, bridge, or
culvert shall exceed $100.
Sec. 97. [114C.40]
VOLUNTARY SELF REPORTING OF VIOLATIONS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meaning given.
(b) "Commissioner" means the
commissioner of the Pollution Control Agency.
(c)
"Environmental requirement" means a requirement in a law administered
by the agency, a rule adopted by the agency, a permit or order issued by the
agency, an agreement entered into with the agency, or a court order issued
pursuant to any of the foregoing.
(d) "Regulated entity" means
a public or private organization that is subject to environmental requirements.
Subd. 2. Enforcement
delay. The commissioner must
defer for at least 90 days enforcement of an environmental requirement against
a regulated entity if: