STATE OF
MINNESOTA
NINETY-THIRD
SESSION - 2023
_____________________
FORTY-FIFTH
DAY
Saint Paul, Minnesota, Tuesday, April 4, 2023
The House of Representatives convened at
10:10 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.
Prayer was offered by Bhai Sahib Gurdial
Singh and Randeep Singh Arora, Sikh Society of Minnesota, Bloomington,
Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Berg
Bierman
Bliss
Brand
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Demuth
Dotseth
Elkins
Engen
Feist
Finke
Fischer
Franson
Frederick
Freiberg
Gillman
Gomez
Greenman
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
Olson, B.
Olson, L.
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Robbins
Schomacker
Schultz
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
A quorum was present.
Bennett, Burkel, Davis, Edelson, Fogelman,
Frazier, Garofalo, Grossell, Hudella, Hudson, Joy, Kiel, Koznick, Mekeland,
O'Driscoll, O'Neill, Richardson, Scott, Sencer-Mura, Urdahl, West and Wiener
were excused.
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.
REPORTS OF CHIEF CLERK
S. F. No. 1213 and
H. F. No. 1161, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Wolgamott moved that
S. F. No. 1213 be substituted for H. F. No. 1161
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Olson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 3, A bill for an act relating to elections; modifying provisions related to voter registration; absentee voting; requiring voting instructions and sample ballots to be multilingual and interpreters to be provided in certain situations; regulating intimidation, deceptive practices, and interference with voter registration and voting; campaign finance; expanding the definition of express advocacy; providing penalties; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 10A.01, subdivision 16a; 10A.27, subdivision 11; 13.607, by adding a subdivision; 171.06, subdivision 3; 201.054, subdivisions 1, 2; 201.061, by adding a subdivision; 201.071, subdivision 1, as amended; 201.091, subdivision 4; 201.161; 201.162; 203B.04, subdivisions 1, 5; 203B.06, subdivisions 1, 3; 203B.12, by adding subdivisions; 203B.121, subdivision 2; 211B.15, subdivisions 1, 7b, by adding subdivisions; 211B.32, subdivision 1; Laws 2023, chapter 12, section 9; proposing coding for new law in Minnesota Statutes, chapters 204B; 211B.
Reported the same back with the following amendments:
Page 1, delete section 2 and insert:
"Sec. 2. Minnesota Statutes 2022, section 171.06, subdivision 3, as amended by Laws 2023, chapter 13, article 1, section 3, is amended to read:
Subd. 3. Contents of application; other information. (a) An application must:
(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification card, instruction permit, or class D provisional or driver's license, that the applicant elects not to specify a Social Security number;
(4) contain a notification to the applicant
of the availability of a living will/health care directive designation on the
license under section 171.07, subdivision 7; and
(5) include a method for the applicant to:
(i) request a veteran designation on the license under section 171.07, subdivision 15, and the driving record under section 171.12, subdivision 5a;
(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);
(iii) as applicable, designate document retention as provided under section 171.12, subdivision 3c; and
(iv) indicate emergency contacts as
provided under section 171.12, subdivision 5b; and
(6) meet the requirements under section 201.161, subdivision 3.
(b) Applications must be accompanied by satisfactory evidence demonstrating:
(1) identity, date of birth, and any legal name change if applicable; and
(2) for driver's licenses and Minnesota identification cards that meet all requirements of the REAL ID Act:
(i) principal residence address in Minnesota, including application for a change of address, unless the applicant provides a designated address under section 5B.05;
(ii) Social Security number, or related documentation as applicable; and
(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced driver's license or enhanced identification card must be accompanied by:
(1) satisfactory evidence demonstrating the applicant's full legal name and United States citizenship; and
(2) a photographic identity document.
(d) A valid Department of Corrections or Federal Bureau of Prisons identification card containing the applicant's full name, date of birth, and photograph issued to the applicant is an acceptable form of proof of identity in an application for an identification card, instruction permit, or driver's license as a secondary document for purposes of Minnesota Rules, part 7410.0400, and successor rules.
(e) An application form must not provide for identification of (1) the accompanying documents used by an applicant to demonstrate identity, or (2) except as provided in paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence in the United States. The commissioner and a driver's license agent must not inquire about an applicant's citizenship, immigration status, or lawful presence in the United States, except as provided in paragraphs (b) and (c).
EFFECTIVE DATE. This section is effective June 1, 2023."
Page 10, line 26, after "given" insert ", contingent on appropriations being available for this purpose"
Page 12, line 10, delete "For"
Page 12, line 11, delete "purposes of this section,"
Page 12, line 15, delete "statute" and insert "chapter"
Page 20, line 15, delete "format" and insert "formats"
Page 20, line 22, delete "A"
Page 20, line 23, delete "district must" and insert "districts will"
Page 20, line 26, delete "designated interpreters" and insert "interpreter required"
Page 20, line 27, delete "of the population"
Page 21, line 5, delete "certified by the American Translators Association"
Page 21, line 32, delete "may" and insert "must demonstrate"
Page 21, line 33, delete "show"
Page 22, line 2, delete everything after the period
Page 22, delete lines 3 to 4
Page 22, delete lines 9 to 14
Page 22, line 15, delete "(c)" and insert "(b)"
Page 23, line 8, delete "a" and insert "any"
Page 23, line 16, delete "the day following final enactment" and insert "June 15, 2023,"
Page 24, line 26, delete "July 1, 2023" and insert "January 1, 2024"
Page 25, after line 19, insert:
"The calculation of a person's or entity's ownership interest for purposes of clauses (1) and (2) must exclude any portion of the person's or entity's direct or indirect beneficial ownership of equity, outstanding voting shares, membership units, or otherwise applicable ownership interests of a corporation that are held or owned in a mutual fund based in the United States."
Page 26, lines 5 and 21, delete "July 1, 2023" and insert "January 1, 2024"
Page 26, line 19, after "person" insert "or entity" and after "contribution" insert "or donation"
Page 27, lines 9 and 18, delete "July 1, 2023" and insert "January 1, 2024"
Page 27, after line 19, insert:
"ARTICLE 4
APPROPRIATIONS
Section 1.
APPROPRIATIONS.
Subdivision 1. Attorney
general. $100,000 in fiscal
year 2024 and $100,000 in fiscal year 2025 are appropriated from the general
fund to the attorney general for enforcement of Minnesota Statutes, section
211B.075.
Subd. 2. Secretary
of state. $709,000 in fiscal
year 2024 and $152,000 in fiscal year 2025 are appropriated from the general
fund to the secretary of state for implementation of the requirements of this
act. The base for this appropriation is
$470,000 in fiscal year 2026 and $152,000 in fiscal year 2027.
Subd. 3. Department
of Public Safety. $45,000 in
fiscal year 2024 is appropriated from the vehicle services operating account
under Minnesota Statutes, section 299A.705, to the commissioner of public
safety for implementation of Minnesota Statutes, section 201.161.
Subd. 4. Appropriations given effect once. If an appropriation in this section is enacted more than once during the 2023 regular legislative session, the appropriation must be given effect only once."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Gomez from the Committee on Taxes to which was referred:
H. F. No. 100, A bill for an act relating to cannabis; establishing the Office of Cannabis Management; establishing advisory councils; requiring reports relating to cannabis use and sales; legalizing and limiting the possession and use of cannabis and certain hemp products by adults; providing for the licensing, inspection, and regulation of cannabis businesses and hemp businesses; requiring testing of cannabis flower, cannabis products, and certain hemp products; requiring labeling of cannabis flower, cannabis products, and certain hemp products; limiting the advertisement of cannabis flower, cannabis products, and cannabis businesses, and hemp businesses; providing for the cultivation of cannabis in private residences; transferring regulatory authority for the medical cannabis program; taxing the sale of adult-use cannabis flower, cannabis products, and certain hemp products; establishing grant and loan programs; clarifying the prohibition on operating a motor vehicle while under the influence of certain products and chemicals; amending criminal penalties; establishing expungement procedures for certain individuals; requiring reports on expungements; providing for expungement of certain evictions; clarifying the rights of landlords and tenants regarding use of certain forms of cannabis; establishing labor standards for the use of cannabis flower, cannabis products, and certain hemp products by employees and testing of employees; providing for the temporary regulation of certain edible cannabinoid products; providing for professional licensing protections; providing for local registration of certain cannabis businesses and hemp businesses operating retail establishments; amending the scheduling of marijuana and tetrahydrocannabinols; classifying data; making miscellaneous cannabis‑related changes and additions; making clarifying and technical changes; appropriating money; amending Minnesota Statutes 2022, sections 13.411, by adding a subdivision; 13.871, by adding a subdivision; 34A.01, subdivision 4; 144.99, subdivision 1; 144A.4791, subdivision 14; 151.72; 152.01, by adding subdivisions; 152.02, subdivisions 2, 4; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, subdivisions 1, 2; 152.11, subdivision 2; 169A.03, by adding subdivisions; 169A.20, subdivision 1; 169A.51, subdivisions 1, 4; 169A.72; 175.45, subdivision 1; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951, subdivisions 4, 5, 6, by adding subdivisions; 181.952, by adding a subdivision; 181.953; 181.954; 181.955; 181.957, subdivision 1; 244.05, subdivision 2; 245C.08, subdivision 1; 256.01, subdivision 18c; 256B.0625, subdivision 13d; 256D.024, subdivisions 1, 3; 256J.26, subdivisions 1, 3; 273.13, subdivision 24; 275.025, subdivision 2; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.61, subdivision 3; 297A.67, subdivisions 2, 7; 297A.70, subdivisions 2, 18; 297A.99, by adding a subdivision; 297D.01; 297D.04; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 340A.412, subdivision 14; 484.014, subdivision 3; 504B.171, subdivision 1; 609.2112, subdivision 1; 609.2113, subdivisions 1, 2, 3; 609.2114, subdivisions 1, 2; 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision 2; 609A.01; 609A.03, subdivisions 5, 9; 609B.425, subdivision 2; 609B.435, subdivision 2; 624.712, by adding subdivisions; 624.713, subdivision 1; 624.714, subdivision 6; 624.7142, subdivision 1; 624.7151; proposing coding for new law in Minnesota Statutes, chapters 3; 116J; 116L; 120B; 144; 152; 169A; 289A; 295; 340A; 504B; 609A; 624; proposing coding for new law as Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2022, sections 151.72; 152.027, subdivisions 3, 4; 152.21; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, 4, 5; 152.37.
Reported the same back with the following amendments:
Page 38, after line 25, insert:
"(i) Notwithstanding the foregoing provisions, the state shall not issue a license to any cannabis business to operate in the Indian Country, as defined in United States Code, title 25, section 1151, of a Minnesota Tribal government without the consent of the Tribal government."
Page 143, delete article 2 and insert:
"ARTICLE 2
TAXES
Section 1. Minnesota Statutes 2022, section 270B.12, is amended by adding a subdivision to read:
Subd. 4a. Office
of Cannabis Management. The
commissioner may disclose return information to the Office of Cannabis
Management for the purpose of and to the extent necessary to administer section
270C.726.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 2. [270C.726]
POSTING OF TAX DELINQUENCY; SALE OF CANNABIS.
Subdivision 1. Posting;
notice. (a) Pursuant to the
authority to disclose under section 270B.12, subdivision 4a, the commissioner
shall, by the 15th of each month, submit to the Office of Cannabis Management a
list of all taxpayers subject to the tax imposed by section 295.81 that are
required to pay, withhold, or collect the tax imposed by section 290.02,
290.0922, 290.92, 290.9727, 290.9728, 290.9729, 295.81, or 297A.62; a local
sales and use tax payable to the commissioner; or a local sales and use tax
administered and collected by the commissioner, and that are ten days or more
delinquent in either filing a tax return or paying the tax.
(b) The commissioner is under no
obligation to list a taxpayer whose business is inactive. At least ten days before notifying the Office
of Cannabis Management, the commissioner shall notify the taxpayer of the
intended action.
(c) The Office of Cannabis Management
shall post the list required by this section on the Office of Cannabis
Management website. The list must
prominently show the date of posting. If
a previously listed taxpayer files all returns and pays all taxes specified in
this subdivision then due, the commissioner shall notify the Office of Cannabis
Management within two business days.
Subd. 2. Sales
prohibited. Beginning the
third business day after the list is posted, no cannabis cultivator, cannabis
manufacturer, cannabis microbusiness, cannabis mezzobusiness, cannabis
wholesaler, or industrial hemp grower as defined in chapter 342 may sell or
deliver any product to a taxpayer included on the posted list.
Subd. 3. Penalty. A cannabis cultivator, cannabis
manufacturer, cannabis microbusiness, cannabis mezzobusiness, cannabis
wholesaler, or industrial hemp grower who violates subdivision 2 of this
section is subject to the penalties provided in sections 342.19 and 342.21.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 3. Minnesota Statutes 2022, section 273.13, subdivision 24, is amended to read:
Subd. 24. Class 3. Commercial and industrial property and utility real and personal property is class 3a.
(1) Except as otherwise provided, each parcel of commercial, industrial, or utility real property has a classification rate of 1.5 percent of the first tier of market value, and 2.0 percent of the remaining market value. In the case of contiguous parcels of property owned by the same person or entity, only the value equal to the first-tier value of the contiguous parcels qualifies for the reduced classification rate, except that contiguous parcels owned by the same person or entity shall be eligible for the first-tier value classification rate on each separate business operated by the owner of the property, provided the business is housed in a separate structure. For the purposes of this subdivision, the first tier means the first $150,000 of market value. Real property owned in fee by a utility for transmission line right-of-way shall be classified at the classification rate for the higher tier.
For purposes of this subdivision, parcels are considered to be contiguous even if they are separated from each other by a road, street, waterway, or other similar intervening type of property. Connections between parcels that consist of power lines or pipelines do not cause the parcels to be contiguous. Property owners who have contiguous parcels of property that constitute separate businesses that may qualify for the first-tier classification rate shall notify the assessor by July 1, for treatment beginning in the following taxes payable year.
(2) All personal property that is: (i) part of an electric generation, transmission, or distribution system; or (ii) part of a pipeline system transporting or distributing water, gas, crude oil, or petroleum products; and (iii) not described in clause (3), and all railroad operating property has a classification rate as provided under clause (1) for the first tier of market value and the remaining market value. In the case of multiple parcels in one county that are owned by one person or entity, only one first tier amount is eligible for the reduced rate.
(3) The entire market value of personal property that is: (i) tools, implements, and machinery of an electric generation, transmission, or distribution system; (ii) tools, implements, and machinery of a pipeline system transporting or distributing water, gas, crude oil, or petroleum products; or (iii) the mains and pipes used in the distribution of steam or hot or chilled water for heating or cooling buildings, has a classification rate as provided under clause (1) for the remaining market value in excess of the first tier.
(4) Real property used for raising,
cultivating, processing, or storing cannabis plants, cannabis flower, or
cannabis products for sale has a classification rate as provided under clause
(1) for the first tier of market value and the remaining market value. As used in this paragraph, "cannabis
plant" has the meaning given in section 342.01, subdivision 18,
"cannabis flower" has the meaning given in section 342.01,
subdivision 15, and "cannabis product" has the meaning given in section
342.01, subdivision 19.
EFFECTIVE
DATE. This section is
effective beginning with assessment year 2024 and thereafter.
Sec. 4. Minnesota Statutes 2022, section 275.025, subdivision 2, is amended to read:
Subd. 2. Commercial-industrial tax capacity. For the purposes of this section, "commercial-industrial tax capacity" means the tax capacity of all taxable property classified as class 3 or class 5(1) under section 273.13, excluding:
(1) the tax capacity attributable to the
first $150,000 of market value of each parcel of commercial-industrial property
as defined under section 273.13, subdivision 24, clauses (1) and,
(2), and (4);
(2) electric generation attached machinery under class 3; and
(3) property described in section 473.625.
County commercial-industrial tax capacity amounts are not adjusted for the captured net tax capacity of a tax increment financing district under section 469.177, subdivision 2, the net tax capacity of transmission lines deducted from a local government's total net tax capacity under section 273.425, or fiscal disparities contribution and distribution net tax capacities under chapter 276A or 473F. For purposes of this subdivision, the procedures for determining eligibility for tier 1 under section 273.13, subdivision 24, clauses (1) and (2), shall apply in determining the portion of a property eligible to be considered within the first $150,000 of market value.
EFFECTIVE
DATE. This section is
effective beginning with assessment year 2024 and thereafter.
Sec. 5. [289A.33]
FILING REQUIREMENTS AND DUE DATES; SPECIAL RULES.
(a) Upon the request of any cannabis
business as defined by section 342.01, subdivision 13, required to collect and
remit taxes imposed under section 295.81, chapter 290, or chapter 297A, the
commissioner shall waive the requirement that payment of tax must be made
electronically if the failure to pay electronically is because the cannabis
business is unable to secure banking services and the inability to secure the
services is due to its engagement in cannabis-related business allowed under
Minnesota law.
(b) If, in consultation with the
commissioner of commerce, the commissioner determines the inability to find
banking services is widespread and enforcement of the electronic payment
requirement will significantly impede the ability of cannabis businesses to
timely pay taxes imposed under section 295.81, chapter 290, or chapter 297A,
the commissioner may publish notice on the department website that waives the
requirement to pay the tax electronically.
If such notice is published, a cannabis business must file returns and
pay taxes lawfully due in the form and manner prescribed by the commissioner.
(c) Nothing in this subdivision
relieves a cannabis business from timely filing and paying taxes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2022, section 290.0132, subdivision 29, is amended to read:
Subd. 29. Disallowed
section 280E expenses; medical cannabis manufacturers licensees. The amount of expenses of a medical
cannabis manufacturer business, as defined under section 152.22,
subdivision 7 342.01, subdivision 51, related to the business of
medical cannabis under sections 152.21 to 152.37 342.47 to 342.60,
or a license holder under chapter 342 related to the business of nonmedical
cannabis under that chapter, and not allowed for federal income tax
purposes under section 280E of the Internal Revenue Code is a subtraction.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2022.
Sec. 7. Minnesota Statutes 2022, section 290.0134, subdivision 19, is amended to read:
Subd. 19. Disallowed
section 280E expenses; medical cannabis manufacturers licensees. The amount of expenses of a medical
cannabis manufacturer business, as defined under section 152.22,
subdivision 7 342.01, subdivision 51, related to the business of
medical cannabis under sections 152.21 to 152.37 342.47 to 342.60,
or a license holder under chapter 342 related to the business of nonmedical
cannabis under that chapter, and not allowed for federal income tax
purposes under section 280E of the Internal Revenue Code is a subtraction.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2022.
Sec. 8. [295.81]
CANNABIS GROSS RECEIPTS TAX.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Cannabis flower" has the
meaning given in section 342.01, subdivision 15.
(c) "Cannabis product" has
the meaning given in section 342.01, subdivision 19.
(d) "Cannabis solution
product" means any cartridge, bottle, or other package that contains a
taxable cannabis product in a solution that is consumed or meant to be consumed
through the use of a heating element, power source, electronic circuit, or
other electronic, chemical, or mechanical means that produces vapor or aerosol. A cannabis solution product includes any
electronic delivery system, electronic vaping device, electronic vape pen,
electronic oral device, electronic delivery device, or similar product or
device, and any batteries, heating elements, or other components, parts, or
accessories sold with and meant to be used in the consumption of a solution
containing a taxable cannabis product.
(e) "Cannabis mezzobusiness"
means a cannabis business licensed under section 342.29.
(f) "Cannabis microbusiness"
means a cannabis business licensed under section 342.28.
(g) "Cannabis retailer" means
a cannabis business licensed under section 342.32.
(h) "Commissioner" means the
commissioner of revenue.
(i) "Gross receipts" means
the total amount received in money or by barter or exchange for all taxable
cannabis product sales at retail as measured by the sales price. Gross receipts include but are not limited to
delivery charges and packaging costs. Gross
receipts do not include:
(1) any taxes imposed directly on the
customer that are separately stated on the invoice, bill of sale, or similar
document given to the purchaser; and
(2) discounts, including cash, terms,
or coupons, that are not reimbursed by a third party and that are allowed by
the seller and taken by a purchaser on a sale.
(j) "Hemp-derived consumer
product" has the meaning given in section 342.01, subdivision 35.
(k) "Lower-potency hemp
edible" has the meaning given in section 342.01, subdivision 48.
(l) "Lower-potency hemp edible
retailer" means a cannabis business licensed under section 342.43,
subdivision 1, clause (1).
(m) "Medical cannabis
flower" has the meaning given in section 342.01, subdivision 52.
(n) "Medical cannabinoid
product" has the meaning given in section 342.10, subdivision 50.
(o) "Medical cannabis
paraphernalia" has the meaning given in section 342.01, subdivision 53.
(p) "Retail sale" has the
meaning given in section 297A.61, subdivision 4.
(q) "Taxable cannabis
product" means cannabis flower, cannabis product, cannabis solution
product, hemp‑derived consumer product, lower-potency hemp edible, and
any substantially similar product.
(r) "Taxable cannabis product
retailer" means a retailer that sells any taxable cannabis product, and
includes a cannabis retailer, cannabis microbusiness, cannabis mezzobusiness,
and lower-potency hemp edible retailer. Taxable
cannabis product retailer includes but is not limited to a:
(1) retailer maintaining a place of
business in this state;
(2) marketplace provider maintaining a
place of business in this state, as defined in section 297A.66, subdivision 1,
paragraph (a);
(3) retailer not maintaining a place of
business in this state; and
(4) marketplace provider not
maintaining a place of business in this state, as defined in section 297A.66,
subdivision 1, paragraph (b).
Subd. 2. Gross
receipts tax imposed. (a) A
tax equal to a rate established by subdivisions 2 and 3 of gross receipts from
retail sales in Minnesota of taxable cannabis products is imposed on any
taxable cannabis product retailer that sells these products to customers:
(1) beginning on July 1, 2023, to June
30, 2025, the rate is equal to eight percent;
(2) beginning on July 1, 2025, to June
30, 2027, the rate is equal to 5.25 percent; and
(3) beginning with fiscal year 2028,
the rate is equal to the amount established under subdivision 3.
(b) A taxable cannabis product retailer
may but is not required to collect the tax imposed by this section from the
purchaser as long as the tax is separately stated on the receipt, invoice, bill
of sale, or similar document given to the purchaser.
(c) If a product subject to the tax
imposed under this section is bundled in a single transaction with a product or
service that is not subject to the tax imposed under this section, the entire
sales price of the transaction is subject to the tax imposed under this
section.
(d) The tax imposed under this section
is in addition to any other tax imposed on the sale or use of taxable cannabis
products.
Subd. 3. Tax
rate adjustment. (a) In April
of each odd-numbered year, the commissioner of revenue must make reductions to
the tax imposed under this section if, on the basis of a February forecast of
general fund revenues and expenditures reflecting the most recently completed
fiscal year, the commissioner of management and budget determines that the
conditions in paragraph (b) are met.
(b) Revenues raised by the tax
imposed under this section combined with the tax imposed under chapter 297A on
taxable cannabis products exceed the projected expenditures related to the
ongoing regulation of cannabis for the upcoming biennium, including:
(1) the appropriations to the Office of
Cannabis Management;
(2) the appropriations to the Department
of Agriculture;
(3) the appropriations to the Cannabis
Expungement Board;
(4) the appropriations to the Department
of Commerce;
(5) the appropriations to the Department
of Corrections;
(6) the appropriations to the Department
of Education;
(7) the appropriations to the Department
of Employment and Economic Development;
(8) the appropriations to the Department
of Health;
(9) the appropriations to the Department
of Human Services;
(10) the appropriations to the
Department of Labor and Industry;
(11) the appropriations to the
Department of Natural Resources;
(12) the appropriations to the Office of
Higher Education;
(13) the appropriations to the Pollution
Control Agency;
(14) the appropriations to the
Department of Public Safety;
(15) the appropriations to the
Department of Revenue;
(16) the appropriations to the supreme
court; and
(17) the appropriations to the substance
use treatment, recovery, and prevention grant account.
(c) The new rate must be rounded to the
nearest one-quarter of one percent. The
first rate reduction must occur by April 15, 2027, using the February 2027
forecast. The commissioner of revenue
must post the new rate on the department website within five business days.
Subd. 4. Use
tax imposed; credit for taxes paid. (a)
A person that receives taxable cannabis products for use or storage in
Minnesota, other than from a taxable cannabis product retailer that paid the
tax under subdivision 2, is subject to tax at the rate imposed under
subdivision 2. Liability for the tax is
incurred when the person has possession of the taxable cannabis product in
Minnesota. The tax must be remitted to
the commissioner in the same manner prescribed for taxes imposed under chapter
297A.
(b) A person that has paid taxes to
another state or any subdivision thereof on the same transaction and is subject
to tax under this section is entitled to a credit for the tax legally due and
paid to another state or subdivision thereof to the extent of the lesser of (1)
the tax actually paid to the other state or subdivision thereof, or (2) the
amount of tax imposed by Minnesota on the transaction subject to tax in the
other state or subdivision thereof.
Subd. 5. Exemptions. (a) The use tax imposed under
subdivision 3, paragraph (c), does not apply to the possession, use, or storage
of taxable cannabis products if (1) the taxable cannabis products have an
aggregate cost in any calendar month to the customer of $100 or less, and (2)
the taxable cannabis products were carried into this state by the customer.
(b) The tax imposed under this section
does not apply to sales of medical cannabis flower, medical cannabinoid
products, or medical cannabis paraphernalia purchased by or for the patients
enrolled in the registry program.
(c) Unless otherwise specified in this
section, the exemptions applicable to taxes imposed under chapter 297A are not
applicable to the taxes imposed under this section.
Subd. 6. Tax
collection required. A
taxable cannabis product retailer with nexus in Minnesota that is not subject
to tax under subdivision 2 is required to collect the tax imposed under
subdivision 3 from the purchaser of the taxable cannabis product and give the
purchaser a receipt for the tax paid. The
tax collected must be remitted to the commissioner in the same manner
prescribed for the taxes imposed under chapter 297A.
Subd. 7. Taxes
paid to another state or any subdivision thereof; credit. A taxable cannabis product retailer
that has paid taxes to another state or any subdivision thereof measured by
gross receipts and is subject to tax under this section on the same gross
receipts is entitled to a credit for the tax legally due and paid to another
state or any subdivision thereof to the extent of the lesser of (1) the tax
actually paid to the other state or any subdivision thereof, or (2) the amount
of tax imposed by Minnesota on the gross receipts subject to tax in the other
taxing state or any subdivision thereof.
Subd. 8. Sourcing
of sales. Section 297A.668
applies to the taxes imposed by this section.
Subd. 9. Administration. Unless specifically provided
otherwise, the audit, assessment, refund, penalty, interest, enforcement,
collection remedies, appeal, and administrative provisions of chapters 270C and
289A that are applicable to taxes imposed under chapter 297A, except the
requirement to file returns and remit taxes due electronically if authorized
under section 289A.33, apply to the tax imposed under this section.
Subd. 10. Returns;
payment of tax. (a) A taxable
cannabis product retailer must report the tax on a return prescribed by the
commissioner and must remit the tax in a form and manner prescribed by the
commissioner. The return and the tax
must be filed and paid using the filing cycle and due dates provided for taxes
imposed under section 289A.20, subdivision 4, and chapter 297A.
(b) Interest must be paid on an
overpayment refunded or credited to the taxpayer from the date of payment of
the tax until the date the refund is paid or credited. For purposes of this subdivision, the date of
payment is the due date of the return or the date of actual payment of the tax,
whichever is later.
Subd. 11. Deposit
of revenues. The commissioner
must deposit all revenues, including penalties and interest, derived from the
tax imposed by this section in the general fund.
Subd. 12. Personal
debt. The tax imposed by this
section, and interest and penalties imposed with respect to it, are a personal
debt of the person required to file a return from the time that the liability
for it arises, irrespective of when the time for payment of the liability
occurs. The debt must, in the case of
the executor or administrator of the estate of a decedent and in the case of a
fiduciary, only be that of the person in the person's official or fiduciary
capacity, unless the person has voluntarily distributed the assets held in that
capacity without reserving sufficient assets to pay the tax, interest, and
penalties, in which event the person is personally liable for any deficiency.
EFFECTIVE
DATE. This section is
effective for gross receipts received after June 30, 2023.
Sec. 9. Minnesota Statutes 2022, section 297A.61, subdivision 3, is amended to read:
Subd. 3. Sale and purchase. (a) "Sale" and "purchase" include, but are not limited to, each of the transactions listed in this subdivision. In applying the provisions of this chapter, the terms "tangible personal property" and "retail sale" include the taxable services listed in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable services, unless specifically provided otherwise. Services performed by an employee for an employer are not taxable. Services performed by a partnership or association for another partnership or association are not taxable if one of the entities owns or controls more than 80 percent of the voting power of the equity interest in the other entity. Services performed between members of an affiliated group of corporations are not taxable. For purposes of the preceding sentence, "affiliated group of corporations" means those entities that would be classified as members of an affiliated group as defined under United States Code, title 26, section 1504, disregarding the exclusions in section 1504(b).
(b) Sale and purchase include:
(1) any transfer of title or possession, or both, of tangible personal property, whether absolutely or conditionally, for a consideration in money or by exchange or barter; and
(2) the leasing of or the granting of a license to use or consume, for a consideration in money or by exchange or barter, tangible personal property, other than a manufactured home used for residential purposes for a continuous period of 30 days or more.
(c) Sale and purchase include the production, fabrication, printing, or processing of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the production, fabrication, printing, or processing.
(d) Sale and purchase include the preparing for a consideration of food. Notwithstanding section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following:
(1) prepared food sold by the retailer;
(2) soft drinks;
(3) candy; and
(4) dietary supplements.
(e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, water, or steam for use or consumption within this state.
(f) A sale and a purchase includes the transfer for a consideration of prewritten computer software whether delivered electronically, by load and leave, or otherwise.
(g) A sale and a purchase includes the furnishing for a consideration of the following services:
(1) the privilege of admission to places of amusement, recreational areas, or athletic events, and the making available of amusement devices, tanning facilities, reducing salons, steam baths, health clubs, and spas or athletic facilities;
(2) lodging and related services by a hotel, rooming house, resort, campground, motel, or trailer camp, including furnishing the guest of the facility with access to telecommunication services, and the granting of any similar license to use real property in a specific facility, other than the renting or leasing of it for a continuous period of 30 days or more under an enforceable written agreement that may not be terminated without prior notice and including accommodations intermediary services provided in connection with other services provided under this clause;
(3) nonresidential parking services, whether on a contractual, hourly, or other periodic basis, except for parking at a meter;
(4) the granting of membership in a club, association, or other organization if:
(i) the club, association, or other organization makes available for the use of its members sports and athletic facilities, without regard to whether a separate charge is assessed for use of the facilities; and
(ii) use of the sports and athletic facility is not made available to the general public on the same basis as it is made available to members.
Granting of membership means both onetime initiation fees and periodic membership dues. Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming pools; and other similar athletic or sports facilities;
(5) delivery of aggregate materials by a third party, excluding delivery of aggregate material used in road construction; and delivery of concrete block by a third party if the delivery would be subject to the sales tax if provided by the seller of the concrete block. For purposes of this clause, "road construction" means construction of:
(i) public roads;
(ii) cartways; and
(iii) private roads in townships located outside of the seven-county metropolitan area up to the point of the emergency response location sign; and
(6) services as provided in this clause:
(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not include services provided by coin operated facilities operated by the customer;
(ii) motor vehicle washing, waxing, and cleaning services, including services provided by coin operated facilities operated by the customer, and rustproofing, undercoating, and towing of motor vehicles;
(iii) building and residential cleaning, maintenance, and disinfecting services and pest control and exterminating services;
(iv) detective, security, burglar, fire alarm, and armored car services; but not including services performed within the jurisdiction they serve by off-duty licensed peace officers as defined in section 626.84, subdivision 1, or services provided by a nonprofit organization or any organization at the direction of a county for monitoring and electronic surveillance of persons placed on in-home detention pursuant to court order or under the direction of the Minnesota Department of Corrections;
(v) pet grooming services;
(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility lines. Services performed under a construction contract for the installation of shrubbery, plants, sod, trees, bushes, and similar items are not taxable;
(vii) massages, except when provided by a licensed health care facility or professional or upon written referral from a licensed health care facility or professional for treatment of illness, injury, or disease; and
(viii) the furnishing of lodging, board, and care services for animals in kennels and other similar arrangements, but excluding veterinary and horse boarding services.
(h) A sale and a purchase includes the furnishing for a consideration of tangible personal property or taxable services by the United States or any of its agencies or instrumentalities, or the state of Minnesota, its agencies, instrumentalities, or political subdivisions.
(i) A sale and a purchase includes the furnishing for a consideration of telecommunications services, ancillary services associated with telecommunication services, and pay television services. Telecommunication services include, but are not limited to, the following services, as defined in section 297A.669: air-to-ground radiotelephone service, mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid wireless calling service, and private communication services. The services in this paragraph are taxed to the extent allowed under federal law.
(j) A sale and a purchase includes the furnishing for a consideration of installation if the installation charges would be subject to the sales tax if the installation were provided by the seller of the item being installed.
(k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, subdivision 11.
(l) A sale and a purchase includes furnishing for a consideration of specified digital products or other digital products or granting the right for a consideration to use specified digital products or other digital products on a temporary or permanent basis and regardless of whether the purchaser is required to make continued payments for such right. Wherever the term "tangible personal property" is used in this chapter, other than in subdivisions 10 and 38, the provisions also apply to specified digital products, or other digital products, unless specifically provided otherwise or the context indicates otherwise.
(m) The sale of the privilege of admission under section 297A.61, subdivision 3, paragraph (g), clause (1), to a place of amusement, recreational area, or athletic event includes all charges included in the privilege of admission's sales price, without deduction for amenities that may be provided, unless the amenities are separately stated and the purchaser of the privilege of admission is entitled to add or decline the amenities, and the amenities are not otherwise taxable.
(n) A sale and purchase includes the
transfer for a consideration of a taxable cannabis product as defined in
section 295.81, subdivision 1, paragraph (q).
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2023.
Sec. 10. Minnesota Statutes 2022, section 297A.67, subdivision 2, is amended to read:
Subd. 2. Food
and food ingredients. Except as
otherwise provided in this subdivision, food and food ingredients are exempt. For purposes of this subdivision,
"food" and "food ingredients" mean substances, whether in
liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold
for ingestion or chewing by humans and are consumed for their taste or
nutritional value. Food and food
ingredients exempt under this subdivision do not include candy, soft drinks,
dietary supplements, and prepared foods.
Food and food ingredients do not include alcoholic beverages and,
tobacco, taxable cannabis products, medical cannabis flower, and medical
cannabinoid products. For purposes
of this subdivision, "alcoholic beverages" means beverages that are
suitable for human consumption and contain one-half of one percent or more of
alcohol by volume. For purposes of this
subdivision, "tobacco" means cigarettes, cigars, chewing or pipe
tobacco, or any other item that contains tobacco. For purposes of this subdivision,
"taxable cannabis product" has the meaning given in section 295.81,
subdivision 1, paragraph (q), "medical cannabis flower" has the
meaning given in section 342.01, subdivision 52, and "medical cannabinoid
product" has the meaning given in section 342.01, subdivision 50. For purposes of this subdivision,
"dietary supplements" means any product, other than tobacco, intended
to supplement the diet that:
(1) contains one or more of the following dietary ingredients:
(i) a vitamin;
(ii) a mineral;
(iii) an herb or other botanical;
(iv) an amino acid;
(v) a dietary substance for use by humans to supplement the diet by increasing the total dietary intake; and
(vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient described in items (i) to (v);
(2) is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in such form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and
(3) is required to be labeled as a dietary supplement, identifiable by the supplement facts box found on the label and as required pursuant to Code of Federal Regulations, title 21, section 101.36.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2023.
Sec. 11. Minnesota Statutes 2022, section 297A.67, subdivision 7, is amended to read:
Subd. 7. Drugs; medical devices. (a) Sales of the following drugs and medical devices for human use are exempt:
(1) drugs, including over-the-counter drugs;
(2) single-use finger-pricking devices for the extraction of blood and other single-use devices and single-use diagnostic agents used in diagnosing, monitoring, or treating diabetes;
(3) insulin and medical oxygen for human use, regardless of whether prescribed or sold over the counter;
(4) prosthetic devices;
(5) durable medical equipment for home use only;
(6) mobility enhancing equipment;
(7) prescription corrective eyeglasses; and
(8) kidney dialysis equipment, including repair and replacement parts.
(b) Items purchased in transactions covered by:
(1) Medicare as defined under title XVIII of the Social Security Act, United States Code, title 42, section 1395, et seq.; or
(2) Medicaid as defined under title XIX of the Social Security Act, United States Code, title 42, section 1396, et seq.
(c) For purposes of this subdivision:
(1) "Drug" means a compound, substance, or preparation, and any component of a compound, substance, or preparation, other than food and food ingredients, dietary supplements, taxable cannabis products as defined under section 295.81, subdivision 1, paragraph (q), or alcoholic beverages that is:
(i) recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, and supplement to any of them;
(ii) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; or
(iii) intended to affect the structure or any function of the body.
(2) "Durable medical equipment" means equipment, including repair and replacement parts, including single‑patient use items, but not including mobility enhancing equipment, that:
(i) can withstand repeated use;
(ii) is primarily and customarily used to serve a medical purpose;
(iii) generally is not useful to a person in the absence of illness or injury; and
(iv) is not worn in or on the body.
For purposes of this clause, "repair and replacement parts" includes all components or attachments used in conjunction with the durable medical equipment, including repair and replacement parts which are for single patient use only.
(3) "Mobility enhancing equipment" means equipment, including repair and replacement parts, but not including durable medical equipment, that:
(i) is primarily and customarily used to provide or increase the ability to move from one place to another and that is appropriate for use either in a home or a motor vehicle;
(ii) is not generally used by persons with normal mobility; and
(iii) does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer.
(4) "Over-the-counter drug" means a drug that contains a label that identifies the product as a drug as required by Code of Federal Regulations, title 21, section 201.66. The label must include a "drug facts" panel or a statement of the active ingredients with a list of those ingredients contained in the compound, substance, or preparation. Over‑the-counter drugs do not include grooming and hygiene products, regardless of whether they otherwise meet the definition. "Grooming and hygiene products" are soaps, cleaning solutions, shampoo, toothpaste, mouthwash, antiperspirants, and suntan lotions and sunscreens.
(5) "Prescribed" and "prescription" means a direction in the form of an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed health care professional.
(6) "Prosthetic device" means a replacement, corrective, or supportive device, including repair and replacement parts, worn on or in the body to:
(i) artificially replace a missing portion of the body;
(ii) prevent or correct physical deformity or malfunction; or
(iii) support a weak or deformed portion of the body.
Prosthetic device does not include corrective eyeglasses.
(7) "Kidney dialysis equipment" means equipment that:
(i) is used to remove waste products that build up in the blood when the kidneys are not able to do so on their own; and
(ii) can withstand repeated use, including multiple use by a single patient, notwithstanding the provisions of clause (2).
(8) A transaction is covered by Medicare or Medicaid if any portion of the cost of the item purchased in the transaction is paid for or reimbursed by the federal government or the state of Minnesota pursuant to the Medicare or Medicaid program, by a private insurance company administering the Medicare or Medicaid program on behalf of the federal government or the state of Minnesota, or by a managed care organization for the benefit of a patient enrolled in a prepaid program that furnishes medical services in lieu of conventional Medicare or Medicaid coverage pursuant to agreement with the federal government or the state of Minnesota.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2023.
Sec. 12. Minnesota Statutes 2022, section 297A.70, subdivision 2, is amended to read:
Subd. 2. Sales to government. (a) All sales, except those listed in paragraph (b), to the following governments and political subdivisions, or to the listed agencies or instrumentalities of governments and political subdivisions, are exempt:
(1) the United States and its agencies and instrumentalities;
(2) school districts, local governments, the University of Minnesota, state universities, community colleges, technical colleges, state academies, the Perpich Minnesota Center for Arts Education, and an instrumentality of a political subdivision that is accredited as an optional/special function school by the North Central Association of Colleges and Schools;
(3) hospitals and nursing homes owned and operated by political subdivisions of the state of tangible personal property and taxable services used at or by hospitals and nursing homes;
(4) notwithstanding paragraph (d), the sales and purchases by the Metropolitan Council of vehicles and repair parts to equip operations provided for in section 473.4051 are exempt through December 31, 2016;
(5) other states or political subdivisions of other states, if the sale would be exempt from taxation if it occurred in that state; and
(6) public libraries, public library systems, multicounty, multitype library systems as defined in section 134.001, county law libraries under chapter 134A, state agency libraries, the state library under section 480.09, and the Legislative Reference Library.
(b) This exemption does not apply to the sales of the following products and services:
(1) building, construction, or reconstruction materials purchased by a contractor or a subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed maximum price covering both labor and materials for use in the construction, alteration, or repair of a building or facility;
(2) construction materials purchased by tax exempt entities or their contractors to be used in constructing buildings or facilities which will not be used principally by the tax exempt entities;
(3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except for leases entered into by the United States or its agencies or instrumentalities;
(4) lodging as defined under section
297A.61, subdivision 3, paragraph (g), clause (2), and prepared food,
candy, soft drinks, and alcoholic beverages as defined in section
297A.67, subdivision 2, and taxable cannabis products as defined under
section 295.81, subdivision 1, paragraph (q), except for lodging, prepared
food, candy, soft drinks, and alcoholic beverages, and taxable
cannabis products purchased directly by the United States or its agencies
or instrumentalities; or
(5) goods or services purchased by a local government as inputs to a liquor store, gas or electric utility, solid waste hauling service, solid waste recycling service, landfill, golf course, marina, campground, cafe, or laundromat.
(c) As used in this subdivision, "school districts" means public school entities and districts of every kind and nature organized under the laws of the state of Minnesota, and any instrumentality of a school district, as defined in section 471.59.
(d) For purposes of the exemption granted under this subdivision, "local governments" has the following meaning:
(1) for the period prior to January 1, 2017, local governments means statutory or home rule charter cities, counties, and townships; and
(2) beginning January 1, 2017, local governments means statutory or home rule charter cities, counties, and townships; special districts as defined under section 6.465; any instrumentality of a statutory or home rule charter city, county, or township as defined in section 471.59; and any joint powers board or organization created under section 471.59.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2023.
Sec. 13. Minnesota Statutes 2022, section 297A.70, subdivision 4, is amended to read:
Subd. 4. Sales to nonprofit groups. (a) All sales, except those listed in paragraph (b), to the following "nonprofit organizations" are exempt:
(1) a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes if the item purchased is used in the performance of charitable, religious, or educational functions;
(2) any senior citizen group or association of groups that:
(i) in general limits membership to persons who are either age 55 or older, or persons with a physical disability;
(ii) is organized and operated exclusively for pleasure, recreation, and other nonprofit purposes, not including housing, no part of the net earnings of which inures to the benefit of any private shareholders; and
(iii) is an exempt organization under section 501(c) of the Internal Revenue Code; and
(3) an organization that qualifies for an exemption for memberships under subdivision 12 if the item is purchased and used in the performance of the organization's mission.
For purposes of this subdivision, charitable purpose includes the maintenance of a cemetery owned by a religious organization.
(b) This exemption does not apply to the following sales:
(1) building, construction, or reconstruction materials purchased by a contractor or a subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed maximum price covering both labor and materials for use in the construction, alteration, or repair of a building or facility;
(2) construction materials purchased by tax-exempt entities or their contractors to be used in constructing buildings or facilities that will not be used principally by the tax-exempt entities;
(3) lodging as defined under section
297A.61, subdivision 3, paragraph (g), clause (2), and prepared food,
candy, soft drinks, and alcoholic beverages as defined in section
297A.67, subdivision 2, except wine purchased by an established religious
organization for sacramental purposes or as allowed under subdivision 9a,
and taxable cannabis products as defined under section 295.81, subdivision 1,
paragraph (q); and
(4) leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except as provided in paragraph (c).
(c) This exemption applies to the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, only if the vehicle is:
(1) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a passenger automobile, as defined in section 168.002, if the automobile is designed and used for carrying more than nine persons including the driver; and
(2) intended to be used primarily to transport tangible personal property or individuals, other than employees, to whom the organization provides service in performing its charitable, religious, or educational purpose.
(d) A limited liability company also qualifies for exemption under this subdivision if (1) it consists of a sole member that would qualify for the exemption, and (2) the items purchased qualify for the exemption.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2023.
Sec. 14. Minnesota Statutes 2022, section 297A.70, subdivision 18, is amended to read:
Subd. 18. Nursing homes and boarding care homes. (a) All sales, except those listed in paragraph (b), to a nursing home licensed under section 144A.02 or a boarding care home certified as a nursing facility under title 19 of the Social Security Act are exempt if the facility:
(1) is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code; and
(2) is certified to participate in the medical assistance program under title 19 of the Social Security Act, or certifies to the commissioner that it does not discharge residents due to the inability to pay.
(b) This exemption does not apply to the following sales:
(1) building, construction, or reconstruction materials purchased by a contractor or a subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed maximum price covering both labor and materials for use in the construction, alteration, or repair of a building or facility;
(2) construction materials purchased by tax-exempt entities or their contractors to be used in constructing buildings or facilities that will not be used principally by the tax-exempt entities;
(3) lodging as defined under section
297A.61, subdivision 3, paragraph (g), clause (2), and prepared food,
candy, soft drinks, and alcoholic beverages as defined in section 297A.67,
subdivision 2, and taxable cannabis products as defined under section
295.81, subdivision 1, paragraph (q); and
(4) leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except as provided in paragraph (c).
(c) This exemption applies to the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, only if the vehicle is:
(1) a truck, as defined in section 168.002; a bus, as defined in section 168.002; or a passenger automobile, as defined in section 168.002, if the automobile is designed and used for carrying more than nine persons including the driver; and
(2) intended to be used primarily to transport tangible personal property or residents of the nursing home or boarding care home.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2023.
Sec. 15. Minnesota Statutes 2022, section 297A.85, is amended to read:
297A.85
CANCELLATION OF PERMITS.
The commissioner may cancel a permit if one of the following conditions occurs:
(1) the permit holder has not filed a sales or use tax return for at least one year;
(2) the permit holder has not reported any sales or use tax liability on the permit holder's returns for at least two years;
(3) the permit holder requests cancellation of the permit;
(4) the permit is subject to cancellation
under section 270C.722, subdivision 2, paragraph (a); or
(5) the permit is subject to cancellation
under section 297A.84.; or
(6) the permit holder is a taxable
cannabis product retailer as defined in section 295.81, subdivision 1,
paragraph (r), other than a lower-potency hemp edible retailer as licensed
under section 342.43, subdivision 1, and its license to sell a taxable cannabis
product as defined in section 295.81, subdivision 1, paragraph (q), has been
revoked by the Office of Cannabis Management.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 16. Minnesota Statutes 2022, section 297A.99, is amended by adding a subdivision to read:
Subd. 4a. Cannabis
local tax prohibited. A
political subdivision of this state is prohibited from imposing a tax under
this section solely on the sale of taxable cannabis products as defined under
section 295.81, subdivision 1, paragraph (q).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota Statutes 2022, section 297D.01, is amended to read:
297D.01
DEFINITIONS.
Subdivision 1. Marijuana
Illegal cannabis. "Marijuana"
"Illegal cannabis" means any marijuana taxable
cannabis product as defined in section 295.81, subdivision 1, paragraph (q),
whether real or counterfeit, as defined in section 152.01, subdivision 9,
that is held, possessed, transported, transferred, sold, or offered to be sold
in violation of chapter 342 or Minnesota criminal laws.
Subd. 2. Controlled
substance. "Controlled
substance" means any drug or substance, whether real or counterfeit, as
defined in section 152.01, subdivision 4, that is held, possessed, transported,
transferred, sold, or offered to be sold in violation of Minnesota laws. "Controlled substance" does not
include marijuana illegal cannabis.
Subd. 3. Tax
obligor or obligor. "Tax
obligor" or "obligor" means a person who in violation of
Minnesota law manufactures, produces, ships, transports, or imports into
Minnesota or in any manner acquires or possesses more than 42-1/2 grams of marijuana
illegal cannabis, or seven or more grams of any controlled substance, or
ten or more dosage units of any controlled substance which is not sold by
weight. A quantity of marijuana illegal
cannabis or other controlled substance is measured by the weight of the
substance whether pure or impure or dilute, or by dosage units when the
substance is not sold by weight, in the tax obligor's possession. A quantity of a controlled substance is
dilute if it consists of a detectable quantity of pure controlled substance and
any excipients or fillers.
Subd. 4. Commissioner. "Commissioner" means the commissioner of revenue.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 18. Minnesota Statutes 2022, section 297D.04, is amended to read:
297D.04
TAX PAYMENT REQUIRED FOR POSSESSION.
No tax obligor may possess any marijuana
illegal cannabis or controlled substance upon which a tax is imposed by
section 297D.08 unless the tax has been paid on the marijuana illegal
cannabis or other a controlled substance as evidenced by a
stamp or other official indicia.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 19. Minnesota Statutes 2022, section 297D.06, is amended to read:
297D.06
PHARMACEUTICALS.
Nothing in this chapter requires persons
registered under chapter 151 or otherwise lawfully in possession of marijuana
illegal cannabis or a controlled substance to pay the tax required under
this chapter.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 20. Minnesota Statutes 2022, section 297D.07, is amended to read:
297D.07
MEASUREMENT.
For the purpose of calculating the tax
under section 297D.08, a quantity of marijuana illegal cannabis
or other a controlled substance is measured by the weight of the
substance whether pure or impure or dilute, or by dosage units when the
substance is not sold by weight, in the tax obligor's possession. A quantity of a controlled substance is
dilute if it consists of a detectable quantity of pure controlled substance and
any excipients or fillers.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 21. Minnesota Statutes 2022, section 297D.08, is amended to read:
297D.08
TAX RATE.
A tax is imposed on marijuana illegal
cannabis and controlled substances as defined in section 297D.01 at the
following rates:
(1) on each gram of marijuana illegal
cannabis, or each portion of a gram, $3.50; and
(2) on each gram of controlled substance, or portion of a gram, $200; or
(3) on each ten dosage units of a controlled substance that is not sold by weight, or portion thereof, $400.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 22. Minnesota Statutes 2022, section 297D.085, is amended to read:
297D.085
CREDIT FOR PREVIOUSLY PAID TAXES.
If another state or local unit of
government has previously assessed an excise tax on the marijuana illegal
cannabis or controlled substances, the taxpayer must pay the difference
between the tax due under section 297D.08 and the tax previously paid. If the tax previously paid to the other state
or local unit of government was equal to or greater than
the tax due under section
297D.08, no tax is due. The burden is on
the taxpayer to show that an excise tax on the marijuana illegal
cannabis or controlled substances has been paid to another state or local
unit of government.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 23. Minnesota Statutes 2022, section 297D.09, subdivision 1a, is amended to read:
Subd. 1a. Criminal
penalty; sale without affixed stamps. In
addition to the tax penalty imposed, a tax obligor distributing or possessing marijuana
illegal cannabis or controlled substances without affixing the
appropriate stamps, labels, or other indicia is guilty of a crime and, upon
conviction, may be sentenced to imprisonment for not more than seven years or
to payment of a fine of not more than $14,000, or both.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 24. Minnesota Statutes 2022, section 297D.10, is amended to read:
297D.10
STAMP PRICE.
Official stamps, labels, or other indicia
to be affixed to all marijuana illegal cannabis or controlled
substances shall be purchased from the commissioner. The purchaser shall pay 100 percent of face
value for each stamp, label, or other indicia at the time of the purchase.
EFFECTIVE
DATE. This section is
effective June 30, 2023.
Sec. 25. Minnesota Statutes 2022, section 297D.11, is amended to read:
297D.11
PAYMENT DUE.
Subdivision 1. Stamps
affixed. When a tax obligor
purchases, acquires, transports, or imports into this state marijuana illegal
cannabis or controlled substances on which a tax is imposed by section
297D.08, and if the indicia evidencing the payment of the tax have not already
been affixed, the tax obligor shall have them permanently affixed on the marijuana
illegal cannabis or controlled substance immediately after receiving the
substance. Each stamp or other official
indicia may be used only once.
Subd. 2. Payable
on possession. Taxes imposed upon marijuana
illegal cannabis or controlled substances by this chapter are due and
payable immediately upon acquisition or possession in this state by a tax
obligor.
EFFECTIVE DATE. This section is effective June 30, 2023."
Page 211, delete section 2 and insert:
"Sec. 2. [3.9228]
ADULT-USE CANNABIS; COMPACTS TO BE NEGOTIATED.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Adult-use cannabis
flower" has the meaning given in section 342.01, subdivision 4.
(c) "Adult-use cannabinoid
product" has the meaning given in section 342.01, subdivision 2.
(d) "Cannabis
business" means a cannabis cultivator, manufacturer, retailer, wholesaler,
transporter, testing facility, microbusiness, event organizer, delivery
service, or lower potency edible retailer.
(e) "Cannabinoid product" has
the meaning given in section 342.01, subdivision 12.
(f) "Minnesota Tribal
governments" means the federally recognized Indian Tribes located in
Minnesota including:
(1) Bois Forte Band;
(2) Fond Du Lac Band;
(3) Grand Portage Band;
(4) Leech Lake Band;
(5) Mille Lacs Band;
(6) White Earth Band;
(7) Red Lake Nation;
(8) Lower Sioux Indian Community;
(9) Prairie Island Indian Community;
(10) Shakopee Mdewakanton Sioux
Community; and
(11) Upper Sioux Indian Community.
(g) "Tribal cannabis business"
means a cannabis business licensed by a Minnesota Tribal government, including
the business categories identified in paragraph (d) as well as any others that
may be provided under the law of a Minnesota Tribal government.
(h) "Tribally regulated land"
means:
(1) all land held in trust by the United
States for the benefit of a Minnesota Tribal government;
(2) all land held by a Minnesota Tribal
government in restricted fee status; and
(3) all land within the exterior
boundaries of the reservation of a Minnesota Tribal government that is subject
to the civil regulatory jurisdiction of the Tribal government. For the purposes of this section, land that
is subject to the civil regulatory jurisdiction of the Tribal government
includes:
(i) fee land held by the Tribe, entities
organized under Tribal law, or individual Indians; and
(ii) land held by non-Indian entities or
individuals who consent to the civil regulation of the Tribal government or are
otherwise subject to such regulation under federal law.
Subd. 2. Acknowledgment
and purpose; negotiations authorized.
(a) The state of Minnesota acknowledges the sovereign right of
Minnesota Tribal governments to regulate Tribal cannabis businesses and address
other matters of cannabis regulation related to the internal affairs of
Minnesota Tribal governments without regard to whether such Tribal government
has entered a compact authorized by this section. The purpose of this section is to provide for
the negotiation of compacts to proactively address jurisdictional issues
related to the regulation of adult‑use cannabis. The legislature finds that these agreements
will facilitate and promote a cooperative and mutually beneficial relationship
between the state and the Tribes regarding the legalization of cannabis. Such cooperative agreements will enhance
public health and safety, ensure a lawful and well-regulated cannabis market,
encourage economic development, and provide fiscal benefits to both Indian
Tribes and the state.
(b) The governor shall negotiate in
good faith, and has the authority to execute and bind the state to, a compact
with any Minnesota Tribal government wishing to enter into such compact
regulating adult-use cannabis flower and adult-use cannabinoid products.
(c) This subdivision shall be effective
upon enactment.
Subd. 3. Terms
of compact; rights of parties. (a)
A compact agreed to under this section may address any issues related to the
adult-use cannabis industry including adult-use cannabis flower, adult-use
cannabinoid products, extracts, concentrates, and artificially derived
cannabinoids that affect the interest of both the state and Minnesota Tribal
government or otherwise have an impact on Tribal-state relations. Indian Tribes are not required to enter into
compacts pursuant to this section in order to regulate or engage in cannabis
businesses or activities on reservation lands or participate as a licensee in
the state's legal cannabis market.
(b) The state shall not, as a condition
for entering into a compact under this section:
(1) require any Minnesota Tribal
government to waive any right, privilege, or immunity based on their status as
independent sovereigns;
(2) require that any revenue generated
by cannabis businesses licensed by a Minnesota Tribal government be subject to
any state cannabis gross receipt taxes imposed under section 295.81 or state
and local sales or use taxes on sales of cannabis;
(3) require any taxes collected by
Minnesota Tribal governments to be shared in any manner with the state or any
subdivisions thereof;
(4) require a Minnesota Tribal
government to consent to state licensing of cannabis businesses on the Tribally
regulated land of the Minnesota Tribal government; or
(5) require any cannabis business
licensed by a Minnesota Tribal government pursuant to a compact agreed to under
this section to comply with specific state regulations on Tribally regulated
land.
(c) Notwithstanding any law to the
contrary, the state shall not impose, attempt to impose, and shall not require
or attempt to require any Indian Tribe to impose, any taxes, fees, assessments,
and other charges related to the production, processing, sale, purchase,
distribution, or possession of adult-use cannabis flower and adult-use
cannabinoid products on Minnesota Tribal governments, or their members, on a
reservation or Tribally regulated land.
(d) Compacts agreed to under this
section may allow an exemption from any otherwise applicable tax for sales to a
Minnesota Tribal government, a Tribal cannabis business, or Tribal members, of
cannabis flower and adult use cannabinoid products grown, produced, or
processed as provided for in said compacts, or for activities, to the extent
they are not already exempt under state or federal law from the state cannabis
gross receipt tax under section 295.81 or state and local sales or use taxes on
sales of cannabis.
(e) This subdivision shall be effective
upon enactment.
Subd. 4. Tax
agreements. (a) For any
cannabis business owned by a Minnesota Tribal government or its
instrumentalities that is operated outside of Tribally regulated land, under a
state-issued license, the collection and administration of taxes on such
business may be governed through an agreement to be entered under section
270C.19.
(b) Any compact that provides for the
voluntary sharing of tax or fee revenue among a Minnesota Tribal government and
the state or a local government may provide that such sharing be carried out
through an agreement to be entered under section 270C.19.
Subd. 5. Civil
and criminal immunities. (a)
The following acts, when performed by a licensed Tribal cannabis business or an
employee in the course of their employment for a Tribal cannabis business,
pursuant to a compact entered into under this section, do not constitute a
criminal or civil offense under state law:
(1) the cultivation of cannabis flower,
and the extraction, processing, or manufacture of adult-use cannabinoid and
artificially derived cannabinoid products, extracts, or concentrates, as those
terms are defined in section 342.01;
(2) the possession, purchase, and
receipt of adult-use cannabis seed, flower, and adult-use cannabinoid products
that are properly packaged and labeled as authorized under a compact entered
into pursuant to this section, and the sale, delivery, transport, or
distribution of such products to a licensed cannabis business; and
(3) the delivery, distribution, and sale
of adult-use cannabis seed, flower, and adult-use cannabinoid products as
authorized under a compact entered into pursuant to this section and that takes
place on, or originates from, the premises of a Tribal cannabis business on
Tribally regulated land, to any person 21 years of age or older.
(b) The following acts, when performed
by a patron of a licensed Tribal cannabis business do not constitute a criminal
or civil offense under state law: the
purchase, possession, or receipt of adult-use cannabis seed, flower, and
adult-use cannabinoid products as authorized under a compact entered into
pursuant to this section.
(c) Actions by a Tribal cannabis
business, a Tribal member, employee, or agent of a Minnesota Tribal government
or Tribal cannabis business on Tribally regulated land pursuant to Tribal laws
governing cannabis, or a compact entered into under this section, do not
constitute a criminal or civil offense under state law.
(d) The following acts, when performed
by a state-licensed cannabis business, or an employee of such business, and
which would be permitted under the terms of the applicable cannabis business
license if undertaken with another state-licensed cannabis business, are
permitted under the state license conditions when undertaken with a Tribal
cannabis business and do not constitute a criminal or civil offense under state
law: the possession, purchase, wholesale
and retail sale, delivery, transport, distribution, and receipt of adult-use
cannabis, seed, flower, and adult‑use cannabinoid products that are
properly packaged and labeled as authorized under a compact entered into
pursuant to this section.
(e) The following acts, when performed
by a Minnesota Tribal government, a Tribal cannabis business licensed by such
Tribal government, or an employee of such Tribal government or Tribal cannabis
business, regardless of whether the Minnesota Tribal government issuing such
license has compacted with the state under this section, do not constitute a
criminal or civil offense under state law:
purchase, sale, receipt, or delivery (including delivery that involves
transit through the state, outside a reservation), from or to another Minnesota
Tribal government or cannabis business licensed by such government.
(f) Notwithstanding any other provision
of law, a state-licensed cannabis testing facility may provide cannabis testing
services to a Tribal cannabis business, and the possession or transport of
cannabis flower or cannabinoid products for
such purpose by a Tribal cannabis business shall not constitute a criminal or
civil offense under state law.
(g) This subdivision shall be effective
upon enactment.
Subd. 6. Publication. The governor shall post any compact entered into under this section on a publicly accessible website."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 11, delete "adult-use"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Olson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 463, A bill for an act relating to capital investment; appropriating money for the Rural Finance Authority; authorizing the sale and issuance of state bonds.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Olson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1999, A bill for an act relating to state government; appropriating money from outdoor heritage, clean water, parks and trails, and arts and cultural heritage funds; modifying prior appropriations; modifying provisions related to outdoor heritage fund and parks and trials fund; modifying Clean Water Legacy Act; requiring reports; amending Minnesota Statutes 2022, sections 85.53, subdivision 2, by adding a subdivision; 85.536, subdivisions 1, 2; 97A.056, subdivisions 2, 11, 22; 114D.20, subdivision 2; 114D.30, subdivisions 4, 6, 7; 114D.50, subdivision 4; 129D.17, by adding a subdivision; Laws 2020, chapter 104, article 1, section 2, subdivision 5, as amended.
Reported the same back with the following amendments:
Page 20, line 21, after the period, insert "Unless there are not enough eligible grant applications received,"
Page 30, line 30, after "Minnesota" insert ", including reaching low- and moderate-income households"
Page 63, line 6, after "Minnesota" insert ", including reaching low- and moderate-income households"
Page 70, line 18, after "Minnesota" insert ", including reaching low- and moderate-income households"
Page 74, line 31, delete "$18,500,000" and insert "$19,523,000" and delete "$18,561,000" and insert "$19,524,000"
Page 76, line 32, after the period, insert "The funding for the significant public art installations in this paragraph is available until June 30, 2028."
Page 77, line 1, delete "$936,000" and insert "Up to five percent of the totals in paragraphs (b) to (e)"
Page 86, line 6, delete "$2,000,000" and insert "$3,000,000"
Page 86, line 17, delete "$2,000,000" and insert "$3,000,000"
Page 91, after line 22, insert:
"(4) an assessment of whether the funding celebrates cultural diversity or reaches diverse communities in Minnesota;"
Page 91, line 23, delete "(4)" and insert "(5)"
Page 91, line 24, delete "(5)" and insert "(6)"
Page 91, after line 25, insert:
"ARTICLE 5
GRANTS MANAGEMENT
Section 1.
FINANCIAL REVIEW OF NONPROFIT
GRANT RECIPIENTS REQUIRED.
Subdivision 1. Financial
review required. (a) Before
awarding a competitive, legislatively named, single source, or sole source
grant to a nonprofit organization under this act, the grantor must require the
applicant to submit financial information sufficient for the grantor to
document and assess the applicant's current financial standing and management. Items of significant concern must be
addressed with the applicant and resolved to the satisfaction of the grantor
before a grant is awarded. The grantor
must document the material requested and reviewed; whether the applicant had a
significant operating deficit, a deficit in unrestricted net assets, or
insufficient internal controls; whether and how the applicant resolved the
grantor's concerns; and the grantor's final decision. This documentation must be maintained in the
grantor's files.
(b) At a minimum, the grantor must
require each applicant to provide the following information:
(1) the applicant's most recent Form
990, Form 990-EZ, or Form 990-N filed with the Internal Revenue Service. If the applicant has not been in existence
long enough or is not required to file Form 990, Form 990-EZ, or Form 990-N,
the applicant must demonstrate to the grantor that the applicant is exempt and
must instead submit documentation of internal controls and the applicant's most
recent financial statement prepared in accordance with generally accepted
accounting principles and approved by the applicant's board of directors or
trustees or, if there is no such board, by the applicant's managing group;
(2) evidence of registration and good
standing with the secretary of state under Minnesota Statutes, chapter 317A, or
other applicable law;
(3) unless exempt under Minnesota
Statutes, section 309.515, evidence of registration and good standing with the
attorney general under Minnesota Statutes, chapter 309; and
(4) if required under Minnesota
Statutes, section 309.53, subdivision 3, the applicant's most recent audited
financial statement prepared in accordance with generally accepted accounting
principles.
Subd. 2. Authority
to postpone or forgo. Notwithstanding
any contrary provision in this act, a grantor that identifies an area of
significant concern regarding the financial standing or management of a
legislatively named applicant may postpone or forgo awarding the grant.
Subd. 3. Authority
to award subject to additional assistance and oversight. A grantor that identifies an area of
significant concern regarding an applicant's financial standing or management
may award a grant to the applicant if the grantor provides or the grantee
otherwise obtains additional technical assistance, as needed, and the grantor
imposes additional requirements in the grant agreement. Additional requirements may include but are
not limited to enhanced monitoring, additional reporting, or other reasonable
requirements imposed by the grantor to protect the interests of the state.
Subd. 4. Relation to other law and policy. The requirements in this section are in addition to any other requirements imposed by law; the commissioner of administration under Minnesota Statutes, sections 16B.97 and 16B.98; or agency policy."
Amend the title as follows:
Page 1, line 5, delete "trials" and insert "trails" and after the second semicolon, insert "requiring financial review of certain grant recipients;"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Olson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 2073, A bill for an act relating to higher education; providing funding and policy related changes for the Office of Higher Education, Minnesota State Colleges and Universities, the University of Minnesota, and the Mayo Clinic; creating and modifying certain scholarships and student aid programs; creating and modifying grant programs to higher education institutions; establishing the Inclusive Higher Education Technical Assistance Center; creating a direct admissions program; establishing higher education bonding policy; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 136A.101, subdivisions 5a, 7; 136A.121, subdivisions 6, 9, 13; 136A.1241, subdivision 5; 136A.125, subdivision 4; 136A.126, subdivision 4; 136A.1312; 136A.1791, subdivision 3a; 136A.246, subdivisions 4, 5, 6, 8; 136F.04, subdivision 1; 136F.38, subdivisions 3, 4, 5; 175.45, subdivision 1; 354B.23, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; repealing Minnesota Statutes 2022, sections 136F.03; 136F.38, subdivision 2.
Reported the same back with the following amendments:
Page 13, line 10, delete "26" and insert "27"
Page 14, line 20, delete "27" and insert "28"
Page 27, after line 30, insert:
"Sec. 6. FINANCIAL
REVIEW OF NONPROFIT GRANT RECIPIENTS REQUIRED.
Subdivision 1. Financial
review required. (a) Before
awarding a competitive, legislatively named, single source, or sole source
grant to a nonprofit organization under this act, the grantor must require the
applicant to submit financial information sufficient for the grantor to
document and assess the applicant's current financial standing and
management. Items of significant concern must be
addressed with the applicant and resolved to the satisfaction of the grantor
before a grant is awarded. The grantor
must document the material requested and reviewed; whether the applicant had a
significant operating deficit, a deficit in unrestricted net assets, or
insufficient internal controls; whether and how the applicant resolved the
grantor's concerns; and the grantor's final decision. This documentation must be maintained in the
grantor's files.
(b) At a minimum, the grantor must
require each applicant to provide the following information:
(1) the applicant's most recent Form
990, Form 990-EZ, or Form 990-N filed with the Internal Revenue Service. If the applicant has not been in existence
long enough or is not required to file Form 990, Form 990-EZ, or Form 990-N,
the applicant must demonstrate to the grantor that the applicant is exempt and
must instead submit documentation of internal controls and the applicant's most
recent financial statement prepared in accordance with generally accepted
accounting principles and approved by the applicant's board of directors or
trustees, or if there is no such board, by the applicant's managing group;
(2) evidence of registration and good
standing with the secretary of state under Minnesota Statutes, chapter 317A, or
other applicable law;
(3) unless exempt under Minnesota
Statutes, section 309.515, evidence of registration and good standing with the
attorney general under Minnesota Statutes, chapter 309; and
(4) if required under Minnesota
Statutes, section 309.53, subdivision 3, the applicant's most recent audited
financial statement prepared in accordance with generally accepted accounting
principles.
Subd. 2. Authority
to postpone or forgo. Notwithstanding
any contrary provision in this act, a grantor that identifies an area of
significant concern regarding the financial standing or management of a
legislatively named applicant may postpone or forgo awarding the grant.
Subd. 3. Authority
to award subject to additional assistance and oversight. A grantor that identifies an area of
significant concern regarding an applicant's financial standing or management
may award a grant to the applicant if the grantor provides or the grantee
otherwise obtains additional technical assistance, as needed, and the grantor
imposes additional requirements in the grant agreement. Additional requirements may include but are
not limited to enhanced monitoring, additional reporting, or other reasonable
requirements imposed by the grantor to protect the interests of the state.
Subd. 4. Relation to other law and policy. The requirements in this section are in addition to any other requirements imposed by law, the commissioner of administration under Minnesota Statutes, sections 16B.97 to 16B.98, or agency policy."
Page 46, after line 21, insert:
"Sec. 25. [268.193]
POSTSECONDARY UNEMPLOYMENT INSURANCE AID.
Subdivision 1. Postsecondary
institutions. For the
purposes of this section, "eligible postsecondary institution" means:
(1) the University of Minnesota;
(2) a postsecondary institution governed
by the Board of Trustees of the Minnesota State Colleges and Universities; or
(3) a Tribal college, which includes
Leech Lake Tribal College, White Earth Tribal College, or Red Lake Nation
Tribal College.
Subd. 2. Unemployment
insurance aid. Eligible
postsecondary institutions are eligible to receive unemployment insurance aid
under this section. For each fiscal
year, an eligible entity's aid is the difference between fiscal year 2022's
unemployment insurance costs and the current year's unemployment insurance
costs, as reflected in the unemployment insurance employer accounts maintained
by the state. If the total eligible
unemployment insurance aid for a fiscal year is greater than the annual
appropriation for that year, the Board of Trustees of the Minnesota State
Colleges and Universities or the commissioner of the Office of Higher
Education, as applicable, must proportionately reduce the aid payment to each
eligible entity.
EFFECTIVE DATE. This section is effective for aid beginning in fiscal year 2024."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 7, after the second semicolon, insert "providing aid to postsecondary institutions for unemployment insurance;"
Page 1, line 8, after the first semicolon, insert "requiring financial review of nonprofit grant recipients;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:
H. F. No. 2310, A bill for an act relating to state government; appropriating money for environment and natural resources; modifying utilities license and permit provisions; modifying commissioner's duties; modifying disposition of certain receipts; modifying and providing for fees; modifying provisions for water and soil conservation; modifying requirements to notify of water pollution; modifying provisions for waste management assistance; modifying certain environmental stewardship and grant programs; providing for environmental justice considerations in certain permitting; prohibiting lead and cadmium in certain consumer products; modifying report requirements; requiring reports; requiring rulemaking; amending Minnesota Statutes 2022, sections 84.415, subdivisions 3, 6, 7, by adding a subdivision; 84D.15, subdivision 2; 85.055, subdivision 1; 86B.005, by adding a subdivision; 86B.415, subdivisions 1, 1a, 2, 3, 4, 5, 7; 97A.473, subdivisions 2, 2a, 2b, 5, 5a; 97A.474, subdivision 2; 97A.475, subdivisions 6, 7, 8, 10, 10a, 11, 12, 13; 97C.087, subdivision 2; 103B.101, subdivisions 9, 16, by adding a subdivision; 103B.103; 103C.501, subdivisions 1, 4, 5, 6; 103D.605, subdivision 5; 103F.505; 103F.511, by adding a subdivision; 103G.2242, subdivision 1; 103G.271, subdivision 6; 103G.301, subdivision 2; 115.03, subdivision 1; 115.061; 115A.03, by adding a subdivision; 115A.1415; 115A.49; 115A.51; 115A.54, subdivisions 1, 2, 2a; 115A.565, subdivisions 1, 3; 115B.17, subdivision 14; 115B.171, subdivision 3; 115B.52, subdivision 4; 116.06, by adding subdivisions; 116.07, subdivision 6, by adding a subdivision; 168.1295, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 103B; 103F; 116; 325E; repealing Minnesota Statutes 2022, sections 103C.501, subdivisions 2, 3; 115.44, subdivision 9; 116.011; 325E.389; 325E.3891; Minnesota Rules, parts 8400.0500; 8400.0550; 8400.0600, subparts 4, 5; 8400.0900, subparts 1, 2, 4, 5; 8400.1650; 8400.1700; 8400.1750; 8400.1800; 8400.1900.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
Section
1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2024" and
"2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025,
respectively. "The first year"
is fiscal year 2024. "The second
year" is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2024 |
2025 |
Sec. 2. POLLUTION
CONTROL AGENCY |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$276,096,000 |
|
$214,828,000 |
Appropriations
by Fund |
||
|
2024 |
2025
|
General |
151,113,000
|
81,891,000
|
State Government Special Revenue |
85,000
|
90,000
|
Environmental |
105,227,000
|
112,600,000
|
Remediation |
19,671,000
|
20,247,000
|
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 2026 and 2027 to the legislature in a
transparent way by agency division, including the proposed budget bill and presentations
of the budget to committees and divisions with jurisdiction over the agency's
budget.
Subd. 2. Environmental
Analysis and Outcomes |
|
46,983,000
|
|
41,231,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
28,970,000
|
20,714,000
|
Environmental |
17,764,000
|
20,312,000
|
Remediation |
249,000 |
205,000 |
(a) $122,000 the first year and $125,000
the second year are from the general fund for:
(1) a municipal liaison to assist
municipalities in implementing and participating in the rulemaking process for
water quality standards and navigating the NPDES/SDS permitting process;
(2) enhanced economic analysis in the
rulemaking process for water quality standards, including more-specific
analysis and identification of cost-effective permitting;
(3) developing statewide economic analyses
and templates to reduce the amount of information and time required for municipalities to apply for variances from water
quality standards; and
(4) coordinating with the Public
Facilities Authority to identify and advocate for the resources needed for
urban, suburban, and Greater Minnesota municipalities to achieve permit
requirements.
(b) $216,000 the first year and $219,000
the second year are from the environmental fund for a monitoring program under
Minnesota Statutes, section 116.454.
(c) $132,000 the first year and $137,000
the second year are for monitoring water quality and operating assistance
programs.
(d) $390,000 the first year and $399,000
the second year are from the environmental fund for monitoring ambient air for
hazardous pollutants.
(e) $106,000 the first year and $109,000
the second year are from the environmental fund for duties related to harmful
chemicals in children's products under Minnesota Statutes, sections 116.9401 to
116.9407. Of this amount, $68,000 the
first year and $70,000 the second year are transferred to the commissioner of
health.
(f) $128,000 the first year and $132,000
the second year are from the environmental fund for registering wastewater
laboratories.
(g) $1,492,000 the first year and
$1,519,000 the second year are from the environmental fund to continue
perfluorochemical biomonitoring in eastern metropolitan communities, as
recommended by the Environmental Health Tracking and Biomonitoring Advisory Panel,
and to address other environmental health risks, including air quality. The communities must include Hmong and other
immigrant farming communities. Of this
amount, up to $1,226,000 the first year and $1,248,000 the second year are for
transfer to the commissioner of health.
(h) $61,000 the first year and
$62,000 the second year are from the environmental fund for the listing
procedures for impaired waters required under this act.
(i) $72,000 the first year and $74,000 the
second year are from the remediation fund for the leaking underground storage
tank program to investigate, clean up, and prevent future releases from
underground petroleum storage tanks and for the petroleum remediation program
for vapor assessment and remediation. These
same annual amounts are transferred from the petroleum tank fund to the
remediation fund.
(j) $500,000 the first year is to
facilitate the collaboration and modeling of greenhouse gas impacts, costs, and
benefits of strategies to reduce statewide greenhouse gas emissions. This is a onetime appropriation.
(k) $20,266,000 the first year and
$20,270,000 the second year are to establish and implement a local government
water infrastructure grant program for local governmental units and Tribal
governments. Of this amount, $19,720,000
each year is for grants to support communities in planning and implementing
projects that will allow for adaptation for a changing climate. At least 50 percent of the money granted
under this paragraph must be for projects in the seven-county metropolitan area. This appropriation is available until June
30, 2027. The base for this
appropriation in fiscal year 2026 and beyond is $270,000.
(l) $2,070,000 the first year and
$2,070,000 the second year are from the environmental fund to develop and
implement a drinking water protection and PFAS response program related to
emerging issues, including Minnesota's
PFAS Blueprint.
(m) $1,820,000 the second year is from the
environmental fund to support improved management of data collected by the
agency and its partners and regulated parties to facilitate decision-making and
public access.
(n) $500,000 the first year is for
developing and implementing firefighter biomonitoring protocols required under
this act. Of this amount, up to $250,000
may be transferred to the commissioner of health for biomonitoring of
firefighters. This appropriation is
available until June 30, 2025.
(o) $2,000,000 the first year is to develop
protocols to be used by agencies and departments for sampling and testing
groundwater, surface water, public drinking water, and private wells for
microplastics and nanoplastics and to begin implementation. The commissioner of the Pollution Control
Agency may transfer money appropriated under this paragraph to the
commissioners of agriculture, natural resources, and health to implement the
protocols developed. This is a onetime
appropriation and is available until June 30, 2025.
(p) $50,000 the first year is
from the remediation fund for the work group
on PFAS manufacturer fees and report required under this act.
(q) $387,000 the first year and $90,000 the
second year are to develop and implement the requirements for fish kills under
Minnesota Statutes, sections 103G.216 and 103G.2165. Of this amount, up to $331,000 the first year
and $90,000 the second year may be transferred to the commissioners of health,
natural resources, agriculture, and public safety and to the Board of Regents
of the University of Minnesota as necessary to implement those sections. The base for this appropriation for fiscal
year 2026 and beyond is $7,000.
(r) $63,000 the first year and $92,000 the
second year are for transfer to the commissioner of health for amending the
health risk limit for PFOS. This is a
onetime appropriation and is available until June 30, 2026.
(s) $5,000,000 the first year is for
community air-monitoring grants as provided in this act. This is a onetime appropriation and is
available until June 30, 2025.
(t) $625,000 the first year and $779,000
the second year are from the environmental fund to adopt rules and implement
air toxics emissions requirements under Minnesota Statutes, section 116.062. The base for this appropriation is $669,000
in fiscal year 2026 and $1,400,000 in fiscal year 2027 and beyond.
Subd. 3. Industrial
|
|
54,056,000
|
|
34,308,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
34,980,000
|
14,577,000
|
Environmental |
17,355,000
|
17,958,000
|
Remediation |
1,721,000
|
1,773,000
|
(a) $1,621,000 the first year and
$1,670,000 the second year are from the remediation fund for the leaking
underground storage tank program to investigate, clean up, and prevent future releases
from underground petroleum storage tanks and for the petroleum remediation
program for vapor assessment and remediation.
These same annual amounts are transferred from the petroleum tank fund
to the remediation fund.
(b) $448,000 the first year and $457,000
the second year are from the environmental fund to further evaluate the use and
reduction of trichloroethylene around Minnesota and identify its potential
health effects on communities. Of this
amount, $145,000 the first year and $149,000 the second year are transferred to
the commissioner of health.
(c) $4,000 the first year and
$4,000 the second year are from the environmental fund to purchase air
emissions monitoring equipment to support compliance and enforcement
activities.
(d) $3,200,000 the first year and
$3,200,000 the second year are to provide air emission reduction grants. Of this amount, $2,800,000 each year is for
grants to reduce air pollution at regulated facilities within environmental
justice areas of concern. This
appropriation is available until June 30, 2027, and is a onetime appropriation.
(e)
$40,000 the first year and $40,000 the second year are for air compliance
equipment maintenance. This is a onetime
appropriation.
(f) $20,000,000 the first year and
$300,000 the second year are to support research on innovative technologies to
treat difficult‑to‑manage pollutants and for implementation grants
based on this research at taconite facilities.
Of this amount, $2,100,000 is for transfer to the Board of Regents of
the University of Minnesota for academic and applied research through the
MnDRIVE program at the Natural Resources Research Institute for research to
foster economic development of the state's natural resources in an
environmentally sound manner and $17,600,000 is for grants. Of the $2,100,000 transferred, at least
$900,000 is to develop and demonstrate technologies that enhance the long-term
health and management of Minnesota's water and mineral resources. This appropriation is for continued
characterization of Minnesota's iron resources and development of
next-generation process technologies for iron products and reduced effluent. This research must be conducted in
consultation with the Mineral Coordinating Committee established under
Minnesota Statutes, section 93.0015. This is a onetime appropriation and is available
until June 30, 2027.
(g) $500,000 the first year and $500,000
the second year are for the purposes of biofuel wastewater monitoring
requirements under Minnesota Statutes, section 115.03, subdivision 12.
(h) $250,000 the first year is for a life
cycle assessment of the presence of neonicotinoid pesticide in the production
of ethanol, biodiesel, and advanced biofuel, including feedstocks, coproducts,
air emissions, and the fuel itself. This
is a onetime appropriation and is available until June 30, 2025. No later than December 15, 2024, the
commissioner of the Pollution Control Agency must submit the assessment,
including recommendations, to the chairs and ranking minority members of the
legislative committees with jurisdiction over agriculture and environment.
(i) $670,000 the first year and $522,000
the second year are from the general fund and $277,000 the first year and
$277,000 the second year are from the environmental fund for the purposes of
the nonexpiring state individual air quality permit requirements under
Minnesota Statutes, section
116.07, subdivision 4m. The base for
this appropriation in fiscal year 2026 and beyond is $277,000 from the
environmental fund.
(j) $250,000 the first year and $250,000
the second year are for rulemaking and implementation of the odor management
requirements under Minnesota Statutes, section 116.063. The base for this appropriation is $250,000
in fiscal year 2026 and $500,000 in fiscal year 2027 and beyond.
(k) $9,526,000 the first year and
$9,221,000 the second year are from the general fund for implementation of the
environmental justice, cumulative impact analysis, and demographic analysis
requirements under this act. This is a
onetime appropriation and is available until June 30, 2028. The base for this appropriation in fiscal
year 2026 and beyond is $9,021,000 from the environmental fund.
Subd. 4. Municipal
|
|
10,725,000
|
|
11,373,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
761,000
|
767,000
|
State Government Special Revenue |
85,000
|
90,000
|
Environmental |
9,879,000
|
10,516,000
|
(a) $217,000 the first year and $223,000
the second year are for:
(1) a municipal liaison to assist
municipalities in implementing and participating in the rulemaking process for
water quality standards and navigating the NPDES/SDS permitting process;
(2) enhanced economic analysis in the
rulemaking process for water quality standards, including more-specific
analysis and identification of cost-effective permitting;
(3) developing statewide economic analyses
and templates to reduce the amount of information and time required for municipalities to apply for variances from water
quality standards; and
(4) coordinating with the Public
Facilities Authority to identify and advocate for the resources needed for
municipalities to achieve permit requirements.
(b) $50,000 the first year and $50,000 the
second year are from the environmental fund for transfer to the Office of
Administrative Hearings to establish sanitary districts.
(c) $1,240,000 the first year
and $1,338,000 the second year are from the environmental fund for subsurface
sewage treatment system (SSTS) program administration and community technical
assistance and education, including grants and technical assistance to
communities for water-quality protection.
Of this amount, $350,000 each year is for assistance to counties through
grants for SSTS program administration. A
county receiving a grant from this appropriation must submit the results
achieved with the grant to the commissioner as part of its annual SSTS report. Any unexpended balance in the first year does
not cancel but is available in the second year.
(d) $994,000 the first year and $1,094,000
the second year are from the environmental fund to address the need for
continued increased activity in new technology review, technical assistance for
local governments, and enforcement under Minnesota Statutes, sections 115.55 to
115.58, and to complete the requirements of Laws 2003, chapter 128, article 1,
section 165.
(e) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations encumbered on or before June 30, 2025, as
grants or contracts for subsurface sewage treatment systems, surface water and
groundwater assessments, storm water, and water-quality protection in this
subdivision are available until June 30, 2028.
Subd. 5. Operations
|
|
34,236,000
|
|
32,836,000
|
Appropriations
by Fund |
||
|
2024 |
2025
|
General |
23,250,000
|
21,859,000
|
Environmental |
8,369,000
|
8,486,000
|
Remediation |
2,617,000
|
2,491,000
|
(a) $1,154,000 the first year and
$1,124,000 the second year are from the remediation fund for the leaking
underground storage tank program to investigate, clean up, and prevent future
releases from underground petroleum storage tanks and for the petroleum
remediation program for vapor assessment and remediation. These same annual amounts are transferred
from the petroleum tank fund to the remediation fund.
(b) $3,000,000 the first year and
$3,109,000 the second year are to support agency information technology
services provided at the enterprise and agency level to improve operations.
(c) $906,000 the first year and $919,000
the second year are from the environmental fund to develop and maintain systems
to support agency permitting and regulatory business processes and data.
(d) $2,000,000 the first year
and $2,000,000 the second year are to provide technical assistance to Tribal
governments. This is a onetime
appropriation.
(e) $18,250,000 the first year and
$16,750,000 the second year are to support modernizing and automating agency
environmental programs and data systems and how the agency provides services to
regulated parties, partners, and the public.
This appropriation is available until June 30, 2027. This is a onetime appropriation.
(f) $270,000 the first year and $270,000
the second year are from the environmental fund to support current and future
career pathways for underrepresented students.
(g) $700,000 the first year and $700,000
the second year are from the environmental fund to improve the coordination,
effectiveness, transparency, and accountability of the environmental review and
permitting process.
(h) $438,000 the first year and $333,000
the second year are from the environmental fund for the Minnesota Pollution
Control Agency citizen members.
Subd. 6. Remediation
|
|
40,318,000
|
|
16,022,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
25,000,000
|
-0-
|
Environmental |
607,000
|
628,000
|
Remediation |
14,711,000
|
15,394,000
|
(a) All money for environmental response,
compensation, and compliance in the remediation fund not otherwise appropriated
is appropriated to the commissioners of the Pollution Control Agency and
agriculture for purposes of Minnesota Statutes, section 115B.20, subdivision 2,
clauses (1), (2), (3), (6), and (7). At
the beginning of each fiscal year, the two commissioners must jointly submit to
the commissioner of management and budget an annual spending plan that
maximizes resource use and appropriately allocates the money between the two
departments. This appropriation is
available until June 30, 2025.
(b) $415,000 the first year and $426,000
the second year are from the environmental fund to manage contaminated sediment
projects at multiple sites identified in the St. Louis River remedial
action plan to restore water quality in the St. Louis River Area of
Concern.
(c) $4,476,000 the first year
and $4,622,000 the second year are from the remediation fund for the leaking
underground storage tank program to investigate, clean up, and prevent future
releases from underground petroleum storage tanks and for the petroleum
remediation program for vapor assessment and remediation. These same annual amounts are transferred
from the petroleum tank fund to the remediation fund.
(d) $308,000 the first year and $316,000
the second year are from the remediation fund for transfer to the commissioner
of health for private water-supply monitoring and health assessment costs in
areas contaminated by unpermitted mixed municipal solid waste disposal
facilities and drinking water advisories and public information activities for
areas contaminated by hazardous releases.
(e) $25,000,000 the first year is for
grants to support planning, designing, and preparing for solutions for public
water treatment systems contaminated with PFAS.
The grants are to reimburse local public water supply operators for
source investigations, sampling and treating private drinking water wells, and
evaluating solutions for treating private drinking water wells. At least 50 percent of the money appropriated
under this paragraph must be for grants in the seven-county metropolitan area. This appropriation is available until June
30, 2027, and is a onetime appropriation.
(f) $76,000 the first year is from the
remediation fund for the petroleum tank release cleanup program duties and
report required under this act. This is
a onetime appropriation.
Subd. 7. Resource
Management and Assistance |
|
75,025,000
|
|
63,467,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
31,477,000
|
18,655,000
|
Environmental |
43,548,000
|
44,812,000
|
(a) Up to $150,000 the first year and
$150,000 the second year may be transferred from the environmental fund to the
small business environmental improvement loan account under Minnesota Statutes,
section 116.993.
(b) $1,000,000 the first year and
$1,000,000 the second year are for competitive recycling grants under Minnesota
Statutes, section 115A.565. Of this
amount, $300,000 the first year and $300,000 the second year are from the
general fund, and $700,000 the first year and $700,000 the second year are from
the environmental fund. This
appropriation is available until June 30, 2027.
(c) $694,000 the first year and $694,000
the second year are from the environmental fund for emission-reduction
activities and grants
to small businesses and other nonpoint-emission-reduction
efforts. Of this amount, $100,000 the
first year and $100,000 the second year are to continue work with Clean Air
Minnesota, and the commissioner may enter into an agreement with Environmental
Initiative to support this effort.
(d) $22,450,000 the first year and
$22,450,000 the second year are for SCORE block grants to counties. Of this amount, $4,000,000 the first year and
$4,000,000 the second year are from the general fund, and $18,450,000 the first
year and $18,450,000 the second year are from the environmental fund. The base in fiscal year 2026 and beyond is
$18,450,000 from the environmental fund.
For fiscal years 2024 and 2025, each county's allocation is based on
Minnesota Statutes, section 115A.557, and $2,000,000 must be used only for
waste prevention and reuse activities.
(e) $119,000 the first year and $119,000
the second year are from the environmental fund for environmental assistance
grants or loans under Minnesota Statutes, section 115A.0716.
(f) $400,000 the first year and $400,000
the second year are from the environmental fund for grants to develop and
expand recycling markets for Minnesota businesses.
(g) $767,000 the first year and $770,000
the second year are from the environmental fund for reducing and diverting food
waste, redirecting edible food for consumption, and removing barriers to
collecting and recovering organic waste.
Of this amount, $500,000 each year is for grants to increase food rescue
and waste prevention. This appropriation
is available until June 30, 2027.
(h) $2,797,000 the first year and
$2,811,000 the second year are from the environmental fund for the purposes of
Minnesota Statutes, section 473.844.
(i) $318,000 the first year and $474,000
the second year are from the environmental fund to address chemicals in
products, including to implement and enforce flame retardant provisions under
Minnesota Statutes, section 325F.071, and perfluoroalkyl and polyfluoroalkyl
substances in food packaging provisions under Minnesota Statutes, section
325F.075. Of this amount, $78,000 the
first year and $80,000 the second year are transferred to the commissioner of
health.
(j) $180,000 the first year and $140,000
the second year are for quantifying climate-related impacts from projects for
environmental review. This is a onetime
appropriation.
(k) $1,790,000 the first year and $70,000
the second year are for accelerating pollution prevention at small businesses. Of this
amount, $1,720,000 the first
year is for zero-interest loans to phase out high-polluting equipment,
products, and processes and replace with new options. This appropriation is available until June
30, 2027. This is a onetime
appropriation.
(l) $190,000 the first year and $190,000
the second year are to support the Greenstep Cities program. This is a onetime appropriation.
(m) $420,000 the first year is to complete
a study on the viability of recycling solar energy equipment. This is a onetime appropriation.
(n) $650,000 the first year and $650,000
the second year are from the environmental fund for Minnesota GreenCorps
investment.
(o) $4,210,000 the first year and $210,000
the second year are for PFAS reduction grants.
Of this amount, $4,000,000 the first year is for grants to industry and
public entities to identify sources of PFAS entering facilities and to develop
pollution prevention and reduction initiatives to reduce PFAS entering
facilities, prevent releases, and monitor the effectiveness of these projects. Priority must be given to projects in
underserved communities. This is a
onetime appropriation and is available until June 30, 2027.
(p) $12,940,000 the first year and
$12,940,000 the second year are for a waste prevention and reduction grants and
loan program. This is a onetime appropriation and is available until June 30, 2027.
(q) $825,000 the first year and $1,453,000
the second year are from the environmental fund for rulemaking and
implementation of the new PFAS requirements under Minnesota Statutes, section
116.943. Of this amount, $312,000 the
first year and $468,000 the second year are for transfer to the commissioner of
health. The base for this appropriation
is $1,115,000 in fiscal year 2026 and beyond.
The base for the transfer to the commissioner of health in fiscal year
2026 and beyond is $468,000.
(r) $680,000 the first year is for the
zero-waste report required in this act. This
is a onetime appropriation and is available until June 30, 2026.
(s) $1,592,000 the first year and $805,000
the second year are for zero-waste grants under Minnesota Statutes, section
115A.566.
(t) $35,000 the second year is from the
environmental fund for the compostable labeling requirements under Minnesota
Statutes, section 325E.046. The base for
this appropriation in fiscal year 2026 and beyond is $68,000.
(u) $175,000 the first year is for the
rulemaking required under this act providing for the safe and lawful disposal
of waste treated seed. This
appropriation is available until June 30, 2025.
(v) $1,000,000 the first year is for a
lead tackle reduction program that provides outreach, education, and
opportunities to safely dispose of and exchange lead tackle throughout the
state. This is a onetime appropriation
and is available until June 30, 2025.
(w) $4,000,000 is for a grant to the owner
of a biomass energy generation plant in Shakopee that uses waste heat from the
generation of electricity in the malting process to purchase a wood dehydrator
to facilitate disposal of wood that is infested by the emerald ash borer. By October 1, 2024, the commissioner of the
Pollution Control Agency must report to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over environment
and natural resources on the use of money appropriated under this paragraph.
(x) Any unencumbered grant and loan
balances in the first year do not cancel but are available for grants and loans
in the second year. Notwithstanding
Minnesota Statutes, section 16A.28, the appropriations encumbered on or before
June 30, 2025, as contracts or grants for environmental assistance awarded
under Minnesota Statutes, section 115A.0716; technical and research assistance
under Minnesota Statutes, section 115A.152; technical assistance under
Minnesota Statutes, section 115A.52; and pollution prevention assistance under
Minnesota Statutes, section 115D.04, are available until June 30, 2027.
Subd. 8. Watershed
|
|
12,678,000
|
|
13,952,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
4,821,000
|
3,906,000
|
Environmental |
7,484,000
|
9,662,000
|
Remediation |
373,000
|
384,000
|
(a) $3,000,000 the first year and
$3,000,000 the second year are for grants to delegated counties to administer
the county feedlot program under Minnesota Statutes, section 116.0711,
subdivisions 2 and 3. Money remaining
after the first year is available for the second year. The base for this appropriation in fiscal
year 2026 and beyond is $1,959,000.
(b) $236,000 the first year and $241,000
the second year are from the environmental fund for the costs of implementing
general operating permits for feedlots over 1,000 animal units.
(c) $125,000 the first year and $129,000
the second year are from the remediation fund for the leaking underground
storage tank program to investigate, clean up, and prevent future releases from
underground petroleum storage
tanks and for the petroleum remediation program for vapor assessment and
remediation. These same annual amounts
are transferred from the petroleum tank fund to the remediation fund.
(d) $459,000 the first year and $494,000
the second year are from the general fund and $1,680,000 the second year is
from the environmental fund to implement feedlot financial assurance
requirements and compile the annual feedlot and manure storage area lists
required under Minnesota Statutes, section 116.07, subdivisions 7f and 7g. The general fund base for this appropriation
in fiscal year 2026 and beyond is $315,000.
The environmental fund base in fiscal year 2026 and beyond is
$1,680,000.
(e) $700,000 the first year is for
distribution to delegated counties based on registered feedlots and manure
storage areas for inspections of manure storage areas and the abandoned manure
storage area reports required under this act.
This appropriation is available until June 30, 2025.
(f) $250,000 the first year is for a grant
to the Minnesota Association of County Feedlot Officers to provide training on
state feedlot requirements, working efficiently and effectively with producers,
and reducing the incidence of manure or nutrients entering surface water or
groundwater.
(g) $140,000 the first year and $140,000
the second year are for the Pig's Eye Landfill Task Force.
Subd. 9. Environmental
Quality Board |
|
2,075,000
|
|
1,639,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
1,854,000
|
1,413,000
|
Environmental |
221,000
|
226,000
|
$620,000 the first year and $140,000 the
second year are to develop a Minnesota-based greenhouse gas sector and source‑specific
guidance, including climate information, a greenhouse gas calculator, and
technical assistance for users. This is
a onetime appropriation.
Subd. 10. Transfers
|
|
|
|
|
(a) The commissioner must transfer up to
$23,000,000 the first year and $24,000,000 the second year from the
environmental fund to the
remediation fund for purposes
of the remediation fund under Minnesota Statutes, section 116.155, subdivision
2. The base for this transfer is
$24,000,000 in fiscal year 2026 and beyond.
(b) By June 30, 2024, the commissioner of
management and budget must transfer $29,055,000 from the general fund to the
metropolitan landfill contingency action trust account in the remediation fund
to restore the money transferred from the account as intended under Laws 2003,
chapter 128, article 1, section 10, paragraph (e), and Laws 2005, First Special
Session chapter 1, article 3, section 17, and to compensate the account for the
estimated lost investment income.
Sec. 3. NATURAL
RESOURCES |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$569,950,000 |
|
$424,403,000 |
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
307,778,000
|
165,064,000
|
Natural Resources |
125,611,000
|
124,456,000
|
Game and Fish |
129,903,000
|
131,814,000
|
Remediation |
117,000
|
117,000
|
Permanent School |
791,000
|
702,000
|
Reinvest in Minnesota Resources |
5,750,000
|
2,250,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Land
and Mineral Resources Management |
|
9,095,000
|
|
8,828,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
4,095,000
|
3,828,000
|
Natural Resources |
4,438,000
|
4,438,000
|
Game and Fish |
344,000
|
344,000
|
Permanent School |
218,000
|
218,000
|
(a) $319,000 the first year and $319,000
the second year are for environmental research relating to mine permitting, of
which $200,000 each year is from the minerals management account in the natural
resources fund and $119,000 each year is from the general fund.
(b) $3,383,000 the first year and
$3,383,000 the second year are from the minerals management account in the
natural resources fund for use as provided under Minnesota Statutes, section
93.2236, paragraph (c), for mineral resource management, projects to enhance
future mineral income, and projects to promote new mineral-resource
opportunities.
(c) $218,000 the first year and $218,000
the second year are transferred from the forest suspense account to the
permanent school fund and are appropriated from the permanent school fund to
secure maximum long-term economic return from the school trust lands consistent
with fiduciary responsibilities and sound natural resources conservation and
management principles.
(d) $338,000 the first year and $338,000
the second year are from the water management account in the natural resources
fund for mining hydrology.
(e) $1,052,000 the first year and $242,000
the second year are for modernizing utility licensing for state lands and
public waters. The first year
appropriation is available through fiscal year 2026.
(f) $125,000 the first year and $125,000
the second year are for conservation stewardship.
Subd. 3. Ecological
and Water Resources |
|
58,394,000
|
|
46,763,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
37,664,000
|
26,008,000
|
Natural Resources |
15,006,000
|
15,031,000
|
Game and Fish |
5,724,000
|
5,724,000
|
(a) $5,397,000 the first year and
$5,422,000 the second year are from the invasive species account in the natural
resources fund and $2,831,000 the first year and $2,831,000 the second year are
from the general fund for management, public awareness, assessment and
monitoring research, and water access inspection to prevent the spread of
invasive species; management of invasive plants in public waters; and
management of terrestrial invasive species on state-administered lands.
(b) $6,056,000 the first year and
$6,056,000 the second year are from the water management account in the natural
resources fund for only the purposes specified in Minnesota Statutes, section
103G.27, subdivision 2.
(c) $124,000 the first year and $124,000
the second year are for a grant to the Mississippi Headwaters Board for up to
50 percent of the cost of implementing the comprehensive plan for the upper
Mississippi within areas under the board's jurisdiction. By December 15, 2025, the board must submit a
report to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over environment and natural resources on the
activities funded under this paragraph and the progress made in implementing
the comprehensive plan.
(d) $10,000 the first year and $10,000 the
second year are for payment to the Leech Lake Band of Chippewa Indians to
implement the band's portion of the comprehensive plan for the upper
Mississippi River.
(e) $300,000 the first year and $300,000
the second year are for grants for up to 50 percent of the cost of implementing
the Red River mediation agreement. The
base for this appropriation in fiscal year 2026 and beyond is $264,000.
(f) $2,498,000 the first year and
$2,498,000 the second year are from the heritage enhancement account in the
game and fish fund for only the purposes specified in Minnesota Statutes,
section 297A.94, paragraph (h), clause (1).
(g) $1,150,000 the first year and
$1,150,000 the second year are from the nongame wildlife management account in
the natural resources fund for nongame wildlife management. Notwithstanding Minnesota Statutes, section
290.431, $100,000 the first year and $100,000 the second year may be used for
nongame wildlife information, education, and promotion.
(h) Notwithstanding Minnesota Statutes,
section 84.943, $48,000 the first year and $48,000 the second year from the
critical habitat private sector matching account may be used to publicize the
critical habitat license plate match program.
(i) $5,700,000 the first year and
$6,000,000 the second year are 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 installing 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 irrigation use;
(6) information technology, including
electronic permitting and integrated data systems; and
(7) compliance and monitoring.
(j) $410,000 the first year and
$410,000 the second year are from the heritage enhancement account in the game
and fish fund and $500,000 the first year and $500,000 the second year are from
the general fund for grants to the Minnesota Aquatic Invasive Species Research
Center at the University of Minnesota to prioritize, support, and develop
research-based solutions that can reduce the effects of aquatic invasive
species in Minnesota by preventing spread, controlling populations, and
managing ecosystems and to advance knowledge to inspire action by others.
(k) $134,000 the first year and $134,000
the second year are for increased capacity for broadband utility licensing for
state lands and public waters.
(l) $998,000 the first year and $568,000
the second year are for protecting and restoring carbon storage in
state-administered peatlands by reviewing and updating the state's peatland
inventory, piloting a restoration project, and piloting trust fund buyouts. This is a onetime appropriation and is
available until June 30, 2028.
(m) $900,000 the first year is for a grant
to the Minnesota Lakes and Rivers Advocates to work with civic leaders to
purchase, install, and operate waterless cleaning stations for watercraft;
conduct aquatic invasive species education; and implement education upgrades at
public accesses to prevent invasive starry stonewort spread beyond the lakes
already infested. This is a onetime
appropriation and is available until June 30, 2025.
(n) $300,000 the first year is to prepare
an analysis of alternative sources of water to resolve the water-use conflict
in the Little Rock Creek area and to protect the stream from negative impacts
due to groundwater use. The analysis
must be submitted to the legislative committees and divisions with jurisdiction
over environment and natural resources by June 30, 2027, and include:
(1) a conceptual engineering plan;
(2) an estimate of implementation costs
and funding needs;
(3) governance and operational
considerations;
(4) a development schedule; and
(5) an economic evaluation of lost revenue
if no action is taken.
(o) $6,000,000 the first year is for land
acquisition and maintenance and restoration at Grey Cloud Dunes Scientific and
Natural Area. This is a onetime
appropriation and is available until June 30, 2027.
(p) $6,000,000 the first year
is for improved maintenance at scientific and natural areas under Minnesota
Statutes, section 86A.05, subdivision 5, including additional natural resource
specialists and technicians, coordinators, seasonal crews, equipment, supplies,
and administrative support. This is a
onetime appropriation and is available until June 30, 2027.
(q) The general fund base for the
Ecological and Water Resources Division in fiscal year 2026 and beyond is
$25,004,000.
Subd. 4. Forest
Management |
|
116,725,000
|
|
76,067,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
99,072,000
|
58,389,000
|
Natural Resources |
16,161,000
|
16,161,000
|
Game and Fish |
1,492,000
|
1,517,000
|
(a) $7,521,000 the first year and
$7,521,000 the second year are for prevention, presuppression, and suppression
costs of emergency firefighting and other costs incurred under Minnesota
Statutes, section 88.12. The amount
necessary to pay for presuppression and suppression costs during the biennium
is appropriated from the general fund. By
January 15 each year, the commissioner of natural resources must submit a
report to the chairs and ranking minority members of the house and senate
committees and divisions having jurisdiction over environment and natural
resources finance that identifies all firefighting costs incurred and
reimbursements received in the prior fiscal year. These appropriations may not be transferred. Any reimbursement of firefighting
expenditures made to the commissioner from any source other than federal
mobilizations must be deposited into the general fund.
(b) $15,386,000 the first year and
$15,386,000 the second year are from the forest management investment account
in the natural resources fund for only the purposes specified in Minnesota
Statutes, section 89.039, subdivision 2.
(c) $1,492,000 the first year and
$1,517,000 the second year are from the heritage enhancement account in the
game and fish fund to advance ecological classification systems (ECS), forest
habitat, and invasive species management.
(d) $906,000 the first year and $926,000
the second year are for the Forest Resources Council to implement the
Sustainable Forest Resources Act.
(e) $1,143,000 the first year and
$1,143,000 the second year are for the Next Generation Core Forestry data
system. Of this
appropriation, $868,000 each
year is from the general fund and $275,000 each year is from the forest
management investment account in the natural resources fund.
(f) $500,000 the first year and $500,000
the second year are from the forest management investment account in the
natural resources fund for forest road maintenance on state forest roads.
(g) $500,000 the first year and $500,000
the second year are for forest road maintenance on county forest roads.
(h) $2,086,000 the first year and
$2,086,000 the second year are to support forest management, cost-share
assistance, and inventory on private woodlands.
This is a onetime appropriation.
(i) $800,000 the first year and $800,000
the second year are to accelerate tree seed collection to support a growing
demand for tree planting on public and private lands. This is a onetime appropriation and is
available until June 30, 2027.
(j) $10,400,000 the first year and
$10,400,000 the second year are for grants to local and Tribal governments and
nonprofit organizations to enhance community forest ecosystem health and
sustainability under Minnesota Statutes, section 88.82, the Minnesota ReLeaf
program. This appropriation is available
until June 30, 2027. Money appropriated
for grants under this paragraph may be used to pay reasonable costs incurred by
the commissioner of natural resources to administer the grants. The base is $400,000 beginning in fiscal year
2026.
(k) $3,000,000 the first year and
$3,000,000 the second year are for forest stand improvement and to meet the
reforestation requirements of Minnesota Statutes, section 89.002, subdivision 2. This is a onetime appropriation.
(l) $5,000,000 is for purposes of the
Lowland Conifer Carbon Reserve under Minnesota Statutes, section 88.85. This is a onetime appropriation and is
available until June 30, 2026.
(m) $37,000,000 the first year is for
emerald ash borer response grants under Minnesota Statutes, section 88.83. This is a onetime appropriation and is
available until June 30, 2030. The
commissioner may use up to two percent of this appropriation to administer the
grants. Of this amount:
(1) $9,000,000 is for grants to local
units of government responding or actively preparing to respond to an emerald
ash borer infestation; and
(2) $28,000,000 is for grants
to a Minnesota nonprofit corporation that owns a cogeneration facility that
serves a St. Paul district heating and cooling system.
(n) $1,000,000 the first year is for
grants to schools, including public and private schools, to plant trees on
school grounds while providing hands-on learning opportunities for students. A grant application under this section must
be prepared jointly with the parent-teacher organization or similar parent
organization for the school. This is a
onetime appropriation and is available until June 30, 2026.
Subd. 5. Parks
and Trails Management |
|
125,897,000
|
|
113,230,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
50,094,000
|
38,707,000
|
Natural Resources |
73,503,000
|
72,223,000
|
Game and Fish |
2,300,000
|
2,300,000
|
(a) $7,985,000 the first year and
$7,985,000 the second year are from the natural resources fund for state trail,
park, and recreation area operations. This
appropriation is from revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (h), clause (2).
(b) $23,828,000 the first year and
$23,828,000 the second year are from the state parks account in the natural
resources fund to operate and maintain state parks and state recreation areas.
(c) $1,300,000 the first year and
$1,300,000 the second year are from the natural resources fund for park and
trail grants to local units of government on land to be maintained for at least
20 years for parks or trails. Priority
must be given for projects that are in underserved communities or that increase
access to persons with disabilities. This
appropriation is from revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (h), clause (4). Any unencumbered balance does not cancel at the end of the first year and is
available for the second year.
(d) $9,624,000 the first year and
$9,624,000 the second year are from the snowmobile trails and enforcement
account in the natural resources fund for the snowmobile grants-in-aid program. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
(e) $2,435,000 the first year and
$2,435,000 the second year are from the natural resources fund for the
off-highway vehicle grants‑in-aid program. Of this amount, $1,960,000 each year is from
the all-terrain vehicle account; $150,000 each year is from the off-highway
motorcycle account; and $325,000 each year is from
the off-road vehicle account. Any unencumbered balance does not cancel at the end of the first year and is
available for the second year.
(f) $2,250,000 the first year and
$2,250,000 the second year are from the state land and water conservation
account in the natural resources fund for priorities established by the
commissioner for eligible state projects and administrative and planning
activities consistent with Minnesota Statutes, section 84.0264, and the federal
Land and Water Conservation Fund Act. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
(g) $250,000 the first year and $250,000
the second year are for matching grants for local parks and outdoor recreation
areas under Minnesota Statutes, section 85.019, subdivision 2.
(h) $250,000 the first year and $250,000
the second year are for matching grants for local trail connections under
Minnesota Statutes, section 85.019, subdivision 4c.
(i) $750,000 the first year is from the
all-terrain vehicle account in the natural resources fund for a grant to St. Louis
County to match other funding sources for design, right-of-way acquisition,
permitting, and construction of trails within the Voyageur Country ATV trail
system. This is a onetime appropriation
and is available until June 30, 2026. This
appropriation may be used as a local match to a 2023 state bonding award.
(j) $700,000 the first year is from the
all-terrain vehicle account in the natural resources fund for a grant to St. Louis
County to match other funding sources for design, right-of-way acquisition,
permitting, and construction of a new trail within the Prospector trail system. This is a onetime appropriation and is
available until June 30, 2026. This
appropriation may be used as a local match to a 2023 state bonding award.
(k) $5,000,000 the first year is to
facilitate the transfer of land within Upper Sioux Agency State Park required
under this act, including but not limited to the acquisition of any land
necessary to facilitate the transfer. This
is a onetime appropriation and is available until June 30, 2033.
(l) $10,000,000 the first year is to remove
hazardous trees and replace ash trees with more diverse, climate-adapted
species within the state park system. This
is a onetime appropriation and is available until June 30, 2027.
(m) $100,000 the first year is for the
report on state trails required under this act.
(n) $1,075,000 the first year and
$1,075,000 the second year are from the water recreation account in the natural
resources fund for maintaining and enhancing public water-access facilities.
Subd. 6. Fish
and Wildlife Management |
|
116,489,000
|
|
99,230,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
20,936,000
|
3,616,000
|
Natural Resources |
2,082,000
|
2,082,000
|
Game and Fish |
87,721,000
|
91,282,000
|
Reinvest in Minnesota Resources |
5,750,000
|
2,250,000
|
(a) $10,458,000 the first year and
$10,658,000 the second year are from the heritage enhancement account in the
game and fish fund only for activities specified under Minnesota Statutes,
section 297A.94, paragraph (h), clause (1).
Notwithstanding Minnesota Statutes, section 297A.94, five percent of
this appropriation may be used for expanding hunter and angler recruitment and
retention.
(b) $982,000 the first year and $982,000
the second year are from the general fund and $1,675,000 the first year and
$1,675,000 the second year are from the game and fish fund for statewide
response and management of chronic wasting disease. The commissioner and the Board of Animal
Health must each submit annual reports on chronic wasting disease activities
funded in this biennium to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over environment and natural
resources and agriculture. The general
fund base for this appropriation in fiscal year 2026 and beyond is $282,000.
(c) $484,000 of the general fund
appropriation for fiscal year 2023 in Laws 2021, First Special Session chapter
6, article 1, section 3, subdivision 6, paragraph (b), for planning for and
emergency response to disease outbreaks in wildlife is canceled no later than
June 29, 2023.
(d) $8,546,000 the first year and
$8,546,000 the second year are from the deer management account for the
purposes identified in Minnesota Statutes, section 97A.075, subdivision 1.
(e) $134,000 the first year and $134,000
the second year are for increased capacity for broadband utility licensing for
state lands and public waters.
(f) $15,000,000 the first year is for
enhancing prairies and grasslands and restoring wetlands on state-owned
wildlife management areas to sequester more carbon and enhance climate
resiliency. This is a onetime
appropriation and is available until June 30, 2027.
(g) $500,000 the first year and $500,000
the second year are from the general fund and $500,000 the first year and
$500,000 the second
year are from the heritage
enhancement account in the game and fish fund for grants for
natural-resource-based education and recreation programs serving youth under
Minnesota Statutes, section 84.976, and for grant administration. Priority must be given to projects benefiting
underserved communities. The base for
this appropriation in fiscal year 2026 and beyond is $500,000 from the heritage
enhancement account in the game and fish fund.
The general fund appropriation is onetime.
(h) $400,000 the first year and $400,000
the second year are from the heritage enhancement account in the game and fish
fund for the walk-in access program under Minnesota Statutes, section 97A.126.
(i) $1,000,000 the first year and
$1,000,000 the second year are from the game and fish fund for investments in
fish management activities.
(j) $2,000,000 the first year and
$2,000,000 the second year are for grants to the Fond du Lac Band of Lake
Superior Chippewa to expand Minnesota's wild elk population and range. Consideration must be given to moving elk
from existing herds in northwest Minnesota to the area of the Fond du Lac State
Forest and the Fond du Lac Reservation in Carlton and southern St. Louis
Counties. The Fond du Lac Band of Lake
Superior Chippewa's elk reintroduction efforts must undergo thorough planning
with the Department of Natural Resources to develop necessary capture and
handling protocols, including protocols related to cervid disease management,
and to produce postrelease state and Tribal elk comanagement plans. This is a onetime appropriation and is
available until June 30, 2026.
(k) $773,000 the first year is to examine
the impacts of neonicotinoid exposure on the reproduction and survival of
Minnesota's game species, including deer and prairie chicken. This is a
onetime appropriation and is available until June 30, 2027.
(l) $134,000 the first year and $134,000
the second year are from the heritage enhancement account in the game and fish
fund for native fish conservation and classification.
(m) $1,400,000 the first year is for
designating swan protection areas under Minnesota Statutes, section 97A.096,
and to provide increased education and outreach promoting the protection of
swans in the state, including education regarding the restrictions on taking
swans. This is a onetime appropriation
and is available until June 30, 2026.
(n) $65,000 the first year is for
preparing the report on feral pigs and mink required under this act and holding
at least one public meeting on the topic.
(o) Notwithstanding Minnesota
Statutes, section 84.943, subdivision 3, $5,750,000 the first year and
$2,250,000 the second year are transferred from the Minnesota critical habitat
private sector matching account to the reinvest in Minnesota resources fund and
are appropriated from the reinvest in Minnesota resources fund for wildlife
management area acquisition. This
appropriation is available until June 30, 2027.
(p) $82,000 the first year is for the
native fish reports required under this act.
This is a onetime appropriation.
(q) Notwithstanding Minnesota Statutes,
section 297A.94, $300,000 the first year and $300,000 the second year are from
the heritage enhancement account in the game and fish fund for shooting sports
facility grants under Minnesota Statutes, section 87A.10, including grants for
archery facilities. Grants must be
matched with a nonstate match, which may include in-kind contributions. Priority must be given to facilities that
prohibit the use of lead ammunition. Recipients
of money appropriated under this paragraph must provide information on the
toxic effects of lead. This is a onetime
appropriation and is available until June 30, 2026. This appropriation must be allocated as
follows:
(1) $200,000 each fiscal year is for
grants of $25,000 or less; and
(2) $100,000 each fiscal year is for
grants in excess of $25,000.
Subd. 7. Enforcement
|
|
64,672,000
|
|
67,712,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
18,322,000
|
22,937,000
|
Natural Resources |
13,911,000
|
14,011,000
|
Game and Fish |
32,322,000
|
30,647,000
|
Remediation |
117,000
|
117,000
|
(a) $1,718,000 the first year and $1,718,000
the second year are from the general fund for enforcement efforts to prevent
the spread of aquatic invasive species.
(b) $2,080,000 the first year and
$1,892,000 the second year are from the heritage enhancement account in the
game and fish fund for only the purposes specified under Minnesota Statutes,
section 297A.94, paragraph (h), clause (1).
(c) $1,442,000 the first year and
$1,442,000 the second year are from the water recreation account in the natural
resources fund for grants to counties for boat and water safety. Any unencumbered
balance does not cancel at the
end of the first year and is available for the second year.
(d) $315,000 the first year and $315,000
the second year are from the snowmobile trails and enforcement account in the
natural resources fund for grants to local law enforcement agencies for
snowmobile enforcement activities. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
(e) $250,000 the first year and $250,000
the second year are from the all-terrain vehicle account in the natural
resources fund for grants to qualifying organizations to assist in safety and
environmental education and monitoring trails on public lands under Minnesota
Statutes, section 84.9011. Grants issued
under this paragraph must be issued through a formal agreement with the organization. By December 15 each year, an organization
receiving a grant under this paragraph must report to the commissioner with
details on expenditures and outcomes from the grant. Of this appropriation, $25,000 each year is
for administering these grants. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
(f) $510,000 the first year and $510,000
the second year are from the natural resources fund for grants to county law
enforcement agencies for off-highway vehicle enforcement and public education
activities based on off-highway vehicle use in the county. Of this amount, $498,000 each year is from
the all-terrain vehicle account, $11,000 each year is from the off-highway
motorcycle account, and $1,000 each year is from the off-road vehicle account. The county enforcement agencies may use money
received under this appropriation to make grants to other local enforcement
agencies within the county that have a high concentration of off-highway
vehicle use. Of this appropriation,
$25,000 each year is for administering the grants. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
(g) $2,250,000 the first year and
$5,734,000 the second year are appropriated for inspections, investigations,
and enforcement activities taken in conjunction with the Board of Animal Health
for the white-tailed deer farm program and for statewide response and
management of chronic wasting disease. This
appropriation is available until June 30, 2027.
The base for fiscal year 2026 and beyond is $3,250,000.
(h) $3,000,000 of the general fund
appropriation for fiscal years 2022 and 2023 in Laws 2021, First Special
Session chapter 6, article 1, section 3, subdivision 7, paragraph (i), for
inspections, investigations, and enforcement activities taken in conjunction
with
the Board of Animal Health for
the white-tailed deer farm program is canceled no later than June 29, 2023.
(i) $3,050,000 the first year is for
modernizing the enforcement aviation fleet.
This appropriation is available until June 30, 2027.
(j) $360,000 the first year and $360,000
the second year are for training department enforcement officers and for
maintaining and storing equipment for conservation officer public safety
responses. The training may not include
training for duties unrelated to enforcement of game and fish laws. This is a onetime appropriation.
Subd. 8. Operations
Support |
|
2,434,000
|
|
1,408,000
|
(a) $1,684,000 the first year and
$1,408,000 second year are for information technology security and
modernization. This is a onetime
appropriation.
(b) $750,000 the first year is for legal
costs. The unencumbered amount of the
general fund appropriation in Laws 2019, First Special Session chapter 4,
article 1, section 3, subdivision 8, for legal costs, estimated to be $750,000,
is canceled no later than June 29, 2023.
Subd. 9. Pass
Through Funds |
|
11,244,000
|
|
11,165,000
|
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
10,161,000
|
10,171,000
|
Natural Resources |
510,000
|
510,000
|
Permanent School |
573,000
|
484,000
|
(a) $510,000 the first year and $510,000
the second year are from the natural resources fund for grants to be divided
equally between the city of St. Paul for the Como Park Zoo and
Conservatory and the city of Duluth for the Lake Superior Zoo. This appropriation is from revenue deposited
to the natural resources fund under Minnesota Statutes, section 297A.94,
paragraph (h), clause (5).
(b) $211,000 the first year and $221,000
the second year are for the Office of School Trust Lands.
(c) $250,000 the first year and $150,000
the second year are transferred from the forest suspense account to the
permanent school fund and are appropriated from the permanent school fund for
transaction and project management costs for divesting of school trust lands
within Boundary Waters Canoe Area Wilderness.
(d) $323,000 the first year and $334,000
the second year are transferred from the forest suspense account to the
permanent school fund and are appropriated from the permanent school fund for
the Office of School Trust Lands.
(e) $9,950,000 the first year and
$9,950,000 the second year are to be added as a supplement to the 1854 Treaty
Area agreement payment under Minnesota Statutes, section 97A.165. This is a onetime appropriation.
Subd. 10. Get Out MORE (Modernizing Outdoor Recreation Experiences) |
65,000,000
|
|
-0-
|
(a) $65,000,000 the first year is for
modernizing Minnesota's state‑managed outdoor recreation experiences. Of this amount:
(1) $25,000,000 is for enhancing access
and welcoming new users to public lands and outdoor recreation facilities,
including improvements to improve climate resiliency;
(2) $4,000,000 is for modernizing camping
and related infrastructure, including improvements to improve climate
resiliency;
(3) $25,000,000 is for modernizing fish
hatcheries and fishing infrastructure; and
(4) $11,000,000 is for restoring streams
and modernizing water‑related infrastructure with priority given to fish
habitat improvements, dam removal, and improvements to improve climate
resiliency.
(b) The commissioner may reallocate money
appropriated in paragraph (a) across those purposes based on project readiness
and priority. The appropriations in
paragraph (a) are available until June 30, 2029.
EFFECTIVE
DATE. Subdivisions 6, 7, and
8 are effective the day following final enactment.
Sec. 4. BOARD
OF WATER AND SOIL RESOURCES |
$52,086,000 |
|
$46,574,000 |
(a) $3,116,000 the first year and
$3,116,000 the second year are for grants and payments to soil and water
conservation districts for accomplishing the purposes of Minnesota Statutes,
chapter 103C, and for other general purposes, nonpoint engineering, and
implementation and stewardship of the reinvest in Minnesota reserve program. Expenditures may be made from this
appropriation for supplies and services benefiting soil and water
conservation districts. Any district receiving a payment under this
paragraph must maintain a website that publishes, at a minimum, the district's
annual report, annual audit, annual budget, and meeting notices.
(b) $761,000 the first year and $761,000
the second year are to implement, enforce, and provide oversight for the
Wetland Conservation Act, including administering the wetland banking program
and in-lieu fee mechanism.
(c) $1,560,000 the first year and
$1,560,000 the second year are for the following:
(1) $1,460,000 each year is for
cost-sharing programs of soil and water conservation districts for
accomplishing projects and practices consistent with Minnesota Statutes,
section 103C.501, including perennially vegetated riparian buffers, erosion
control, water retention and treatment, water quality cost-sharing for feedlots
under 500 animal units and nutrient and manure management projects in
watersheds where there are impaired waters, and other high-priority
conservation practices; and
(2) $100,000 each year is for county
cooperative weed management programs and to restore native plants at selected
invasive species management sites.
(d) $166,000 the first year and $166,000
the second year are to provide technical assistance to local drainage
management officials and for the costs of the Drainage Work Group. The board must coordinate the activities of
the Drainage Work Group according to Minnesota Statutes, section 103B.101,
subdivision 13. The Drainage Work Group
must review a drainage authority's power under Minnesota Statutes, chapter
103E, to consider the abandonment or dismantling of drainage systems; to
re-meander, restore, or reconstruct a natural waterway that has been modified
by drainage; or to deconstruct dikes, dams, or other water-control structures.
(e) $100,000 the first year and $100,000
the second year are for a grant to the Red River Basin Commission for water
quality and floodplain management, including program administration. This appropriation must be matched by
nonstate funds.
(f) $140,000 the first year and $140,000
the second year are for grants to Area II Minnesota River Basin Projects for
floodplain management.
(g) $125,000 the first year and $125,000
the second year are for conservation easement stewardship.
(h) $240,000 the first year and $240,000
the second year are for a grant to the Lower Minnesota River Watershed District
to defray the
annual cost of operating and
maintaining sites for dredge spoil to sustain the state, national, and
international commercial and recreational navigation on the lower Minnesota
River.
(i) $2,000,000 the first year and
$2,000,000 the second year are for the lawns to legumes program under Minnesota
Statutes, section 103B.104. The board
may enter into agreements with local governments, Metro Blooms, and other
organizations to support this effort. This
appropriation is available until June 30, 2029.
The base for fiscal year 2026 and each year thereafter is $250,000.
(j) $2,000,000 the first year and
$2,000,000 the second year are for the habitat enhancement landscape program
under Minnesota Statutes, section 103B.106.
This is a onetime appropriation and is available until June 30, 2029.
(k) $203,000 the first year and $203,000
the second year are for soil health practice adoption purposes consistent with
the cost‑sharing provisions of Minnesota Statutes, section 103C.501, and
for soil health program responsibilities in consultation with the University of
Minnesota Office for Soil Health.
(l) $8,500,000 the first year and
$8,500,000 the second year are for conservation easements and to restore and
enhance grasslands and adjacent lands consistent with Minnesota Statutes,
sections 103F.501 to 103F.531, for the purposes of climate resiliency,
adaptation, carbon sequestration, and related benefits. Of this amount, up to $423,000 is for deposit
in the water and soil conservation easement stewardship account established
under Minnesota Statutes, section 103B.103.
This is a onetime appropriation and is available until June 30, 2029. The board must give priority to leveraging
nonstate funding, including practices, programs, and projects funded by the U.S.
Department of Agriculture via the Conservation Reserve Enhancement Program, the
Conservation Reserve Program, the Federal Inflation Reduction Act, the Federal
Farm Bill, or the Climate-Smart Commodities Program.
(m) $2,500,000 the first year and
$5,000,000 the second year are to acquire conservation easements and to restore
and enhance peatlands and adjacent lands consistent with Minnesota Statutes,
sections 103F.501 to 103F.531, for the purposes of climate resiliency,
adaptation, carbon sequestration, and related benefits. Of this amount, up to $299,000 is for deposit
in the water and soil conservation easement stewardship account established
under Minnesota Statutes, section 103B.103.
This is a onetime appropriation and is available until June 30, 2029. The board must give priority to leveraging
nonstate funding, including practices, programs, and projects funded by the U.S.
Department of Agriculture via the Conservation Reserve Enhancement Program, the
Conservation Reserve Program, the Federal Inflation Reduction
Act, the Federal Farm Bill, or
the Climate-Smart Commodities Program.
(n) $3,550,000 the first year and
$3,550,000 the second year are to enhance existing easements established under
Minnesota Statutes, sections 103F.501 to 103F.531. Enhancements are for the purposes of climate
resiliency, adaptation, and carbon sequestration and include but are not
limited to increasing biodiversity and mitigating the effects of rainfall and
runoff events. This is a onetime
appropriation and is available until June 30, 2029. The board must give priority to leveraging
nonstate funding, including practices, programs, and projects funded by the U.S.
Department of Agriculture via the Conservation Reserve Enhancement Program, the
Conservation Reserve Program, the Federal Inflation Reduction Act, the Federal
Farm Bill, or the Climate-Smart Commodities Program.
(o) $8,500,000 the first year and
$8,500,000 the second year are for water quality and storage practices and
projects to protect infrastructure, improve water quality and related public
benefits, and mitigate climate change impacts consistent with Minnesota
Statutes, section 103F.05. This is a
onetime appropriation and is available until June 30, 2029. The board must give priority to leveraging
nonstate funding, including practices, programs, and projects funded by the U.S.
Department of Agriculture via the Conservation Reserve Enhancement Program, the
Conservation Reserve Program, the Federal Inflation Reduction Act, the Federal
Farm Bill, or the Climate-Smart Commodities Program.
(p) $4,673,000 the first year and
$4,673,000 the second year are for natural resources block grants to local
governments to implement the Wetland Conservation Act and shoreland management
program under Minnesota Statutes, chapter 103F, and local water management
responsibilities under Minnesota Statutes, chapter 103B. The board may reduce the amount of the
natural resources block grant to a county by an amount equal to any reduction
in the county's general services allocation to a soil and water conservation
district from the county's previous year allocation when the board determines
that the reduction was disproportionate.
The base for this appropriation in fiscal year 2026 and beyond is
$3,423,000.
(q) $129,000 the first year and $136,000
the second year are to accomplish the objectives of Minnesota Statutes, section
10.65, and related Tribal government coordination. The base for fiscal year 2026 and each year
thereafter is $144,000.
(r) $5,000,000 the first year is to
provide onetime state incentive payments to enrollees in the federal
Conservation Reserve Program (CRP) during the continuous enrollment period and
to enroll complementary areas in conservation easements consistent with
Minnesota Statutes, section 103F.515. The
board may establish
payment rates based on land
valuation and on environmental benefit criteria, including but not limited to
surface water or groundwater pollution reduction, drinking water protection,
soil health, pollinator and wildlife habitat, and other conservation enhancements. The board may use state funds to implement
the program and to provide technical assistance to landowners or their agents
to fulfill enrollment and contract provisions.
The board must consult with the commissioners of agriculture, health,
natural resources, and the Pollution Control Agency and the United States
Department of Agriculture in establishing program criteria. This is a onetime appropriation and is
available until June 30, 2027.
(s) $3,000,000 the first year is to
acquire conservation easements from landowners to preserve, restore, create,
and enhance wetlands and associated uplands of prairie and grasslands and to
restore and enhance rivers and streams, riparian lands, and associated uplands
of prairie and grasslands, in order to protect soil and water quality, support
fish and wildlife habitat, reduce flood damage, and provide other public
benefits. Minnesota Statutes, section
103F.515, applies to this program. The
board must give priority to leveraging federal money by enrolling targeted new
lands or enrolling environmentally sensitive lands that have expiring federal
conservation agreements. The board is
authorized to enter into new agreements and amend past agreements with
landowners as required by Minnesota Statutes, section 103F.515, subdivision 5,
to allow for restoration. Up to five
percent of this appropriation may be used for restoration and enhancement.
(t) $200,000 the first year is to
establish the drainage registry information portal under Minnesota Statutes,
section 103E.122.
(u) $5,623,000 the first year and
$5,804,000 the second year are for agency administration and operation of the
Board of Water and Soil Resources.
(v) The board may shift money in this
section and may adjust the technical and administrative assistance portion of
the funds to leverage federal or other nonstate funds or to address
accountability, oversight, local government performance, or high‑priority
needs.
(w) Returned grants and payments are
available for two years after they are returned or regranted, whichever is
later. Funds must be regranted
consistent with the purposes of this section.
If an appropriation for grants in either year is insufficient, the
appropriation in the other year is available for it.
(x) Notwithstanding Minnesota Statutes,
section 16B.97, grants awarded from appropriations in this section are exempt
from the Department of Administration, Office of Grants Management Policy 08-08
Grant Payments and 08-10 Grant Monitoring.
Sec. 5. METROPOLITAN COUNCIL |
|
$35,540,000 |
|
$16,490,000 |
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
35,540,000
|
7,540,000
|
Natural Resources |
8,950,000
|
8,950,000
|
(a) $7,540,000 the first year and
$7,540,000 the second year are for metropolitan-area regional parks operation
and maintenance according to Minnesota Statutes, section 473.351. The base for this appropriation in fiscal
year 2026 and beyond is $2,540,000.
(b) $8,950,000 the first year and
$8,950,000 the second year are from the natural resources fund for
metropolitan-area regional parks and trails maintenance and operations. This appropriation is from revenue deposited
in the natural resources fund under Minnesota Statutes, section 297A.94,
paragraph (h), clause (3).
(c) $5,000,000 the first year is for
developing a decision-making support tool set to help local partners quantify
the risks of a changing climate and prioritize strategies that mitigate those
risks. This
is a onetime appropriation and is available until June 30, 2027.
(d) $9,000,000 the first year is to
modernize regional parks and trails. This
is a onetime appropriation and is available until June 30, 2027.
(e) $5,000,000 the first year is for
reducing the amount of inflow and infiltration to the Metropolitan Council's
metropolitan sanitary sewer disposal system.
Of this amount, $4,000,000 is for grants to cities for capital
improvements in municipal wastewater collection systems under Minnesota
Statutes, section 473.5491, and $1,000,000 is for grants and loans to inspect,
repair, and replace privately owned sewer service lines. Priority for grants and loans for privately
owned lines must be given to applicants with a household income at or below 80
percent of area median income. This is a onetime appropriation and is available
until June 30, 2026.
(f) $9,000,000 the first year is for grants
to implementing agencies to remove hazardous trees and replace ash trees with
more diverse, climate-adapted species within the metropolitan regional park
system. This is a onetime appropriation.
Sec. 6. CONSERVATION
CORPS MINNESOTA |
|
$1,195,000 |
|
$1,195,000 |
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
705,000
|
705,000
|
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 |
|
$14,494,000 |
|
$13,812,000 |
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
14,239,000
|
13,557,000
|
Natural Resources |
255,000
|
255,000
|
(a) $255,000 the first year and $255,000
the second year are from the natural resources fund from revenue deposited
under Minnesota Statutes, section 297A.94, paragraph (h), clause (5).
(b) $850,000 the first year is to improve
safety and security at the Minnesota Zoo.
This is a onetime appropriation.
(c) $250,000 the first year is for removing
hazardous trees and replacing ash trees with more diverse, climate-adapted
species. This is a onetime
appropriation.
Sec. 8. SCIENCE
MUSEUM |
|
$10,200,000 |
|
$1,710,000 |
$9,000,000 the first year and $450,000 the second
year are for debt reduction, rehiring and retaining employees, and reducing
entrance fees for fiscal years 2024 and 2025.
Sec. 9. LEGISLATIVE
COORDINATING COMMISSION |
$52,000 |
|
$52,000 |
$52,000 the first year and $52,000 the
second year are for the Legislative Water Commission established in this act.
Sec. 10. UNIVERSITY
OF MINNESOTA |
|
$8,433,000 |
|
$1,856,000 |
(a) $1,633,000 the first year and
$1,856,000 the second year are for chronic wasting disease contingency plans
developed by the Center for Infectious Disease Research and Policy. The center must develop, refine, and share
with relevant experts and stakeholders contingency plans regarding the
potential transmission of chronic wasting disease from Cervidae to humans,
livestock, and other species. The
contingency plans must provide a blueprint for preparedness and response
planning documents, including authoritative risk communication, education, and
outreach materials. This is a onetime
appropriation and is available until June 30, 2026.
(b) $200,000 the first year is for the University of
Minnesota Water Council to develop a scope of work, timeline, and budget for
the 50-year clean water plan as required under this act.
(c) $6,600,000 the first year is for the Minnesota Aquatic
Invasive Species Research Center to enhance and implement the center's aquatic
invasive species research-based solutions through:
(1) implementation of a watershed-scale carp management
plan and additional research focused on site-specific method refinement and
evaluation;
(2) creation of a long-term monitoring program with state
and local partners that evaluates the feasibility of whole-lake zebra mussel
control projects and the development of criteria for selecting and managing
lakes;
(3) refinement and implementation of large-scale
surveillance and early detection methods for high-priority aquatic invasive
species, including but not limited to zebra mussels, spiny water flea, and
starry stonewort; and
(4) development and sharing, with relevant experts and
stakeholders, contingency plans regarding the potential risks of aquatic
invasive species. The contingency plans
must provide a blueprint for preparedness and response planning documents,
including authoritative risk communication, education, and outreach materials. The communication, education, and outreach
materials must be prepared in multiple languages, including but not limited to
Tribal languages.
(d) The board must ensure that the Minnesota Aquatic
Invasive Species Research Center coordinates research activities funded under
paragraph (c) with Tribal governments.
(e) The appropriation under paragraph (c) is onetime and available until June 30, 2027.
Sec. 11. PUBLIC
SAFETY |
|
$-0- |
|
$229,000 |
$229,000 the second year is from the fire safety account in
the special revenue fund for purposes of the class B firefighting foam
requirements under Minnesota Statutes, section 325F.072.
ARTICLE 2
ENVIRONMENT AND NATURAL RESOURCES TRUST FUND
Section
1. 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 environment and natural resources trust fund, or
another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2024"
and "2025" used in this article mean that the appropriations listed
under them are available for the fiscal year ending June 30, 2024, or June 30,
2025, respectively. "The first
year" is fiscal year 2024. "The
second year" is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
Any unencumbered balance remaining in the first year does not cancel and
is available for the second year or until the end of the appropriation. These are onetime appropriations.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2024 |
2025 |
Sec. 2. MINNESOTA
RESOURCES |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$79,833,000 |
|
$-0- |
Appropriations
by Fund |
||
|
2024
|
2025
|
Environment and Natural Resources Trust Fund |
79,644,000
|
-0-
|
Great Lakes Protection Account |
189,000
|
-0-
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Definitions
|
|
|
|
|
(a) "Trust fund" means the
Minnesota environment and natural resources trust fund established under the
Minnesota Constitution, article XI, section 14.
(b) "Great Lakes protection
account" means the account referred to in Minnesota Statutes, section
116Q.02.
Subd. 3. Foundational Natural Resource Data and Information |
8,219,000
|
|
-0-
|
(a) Assessing Restorations for Rusty-Patched and Other Bumblebee Habitat |
|
|
|
$75,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the Friends
of the Mississippi River to assess how prairie restoration and different
restoration seeding methods affect bumblebee abundance, diversity, and habitat
and make recommendations to improve restoration outcomes.
(b) Removing Barriers to Carbon Market Entry |
|
|
|
|
$482,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to develop
ground-tested carbon stock models of forest resources throughout Minnesota to
enable better resource management of public and private forests as well as
generate reliable tools for
landowners seeking to enter carbon markets.
(c) Mapping Migratory Bird Pit Stops in Minnesota |
|
|
|
|
$340,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the
National Audubon Society, Minnesota office, to identify avian migratory
stopover sites, develop a shared decision-support tool, and publish guidance
for conserving migratory birds in Minnesota.
This appropriation is available until June 30, 2027, by which time the
project must be completed and final products delivered.
(d) Enhancing Knowledge of Minnesota River Fish Ecology |
|
|
|
$199,000 the first year is from the trust
fund to the commissioner of natural resources to collect baseline information
about the diets, distribution, status, and movement patterns of fish in the
Minnesota River to inform management and conservation decisions.
(e) Changing Distribution of Flying Squirrel Species in Minnesota |
|
|
|
$186,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota for the Natural
Resources Research Institute in Duluth to determine current distribution and
habitat associations of northern and southern flying squirrels to fill key
knowledge gaps in flying squirrel status in Minnesota.
(f) Statewide Forest Carbon Inventory and Change Mapping |
|
|
|
$987,000 the first year is from the trust
fund to the commissioner of natural resources to work with Minnesota Forest
Resources Council, Minnesota Forestry Association, the Board of Water and Soil Resources,
and the University of Minnesota to develop a programmatic approach and begin
collecting plot-based inventories on private forestland for use with remote
sensing data to better assess changing forest conditions and climate mitigation
opportunities across all ownerships in the state.
(g) Predicting the Future of Aquatic Species by Understanding the Past |
|
|
|
$170,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to use past and
present information to model future ranges of native aquatic species in
Minnesota to generate publicly available tools for species and habitat
management.
(h) Assessing Status of Common Tern Populations in Minnesota |
|
|
|
$199,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota for the Natural
Resources Research Institute in Duluth to assess the population status of
Common Tern breeding colonies in Minnesota, implement management activities,
and develop a standardized monitoring protocol and online database for
accessing current and historic monitoring data to help prioritize conservation
and restoration actions for this state-threatened species.
(i) Salvaged Wildlife to Inform Environmental Health, Ecology, and Education |
|
|
|
$486,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota, Bell Museum of
Natural History, to establish a statewide network to collect, analyze, and
archive salvaged dead wildlife and build a foundation of biodiversity resources
to track ecosystem-wide changes, monitor environmental health, and educate
Minnesotans about the value of scientific specimens.
(j) Developing Conservation Priorities for Rare and Specialist Bees |
|
|
|
$619,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to collect data on
rare and specialist bees and their habitat preferences, determine their
conservation status, and develop strategies to improve their chances of survival.
(k) Efficacy of Urban Archery Hunting to Manage Deer |
|
|
|
|
$393,000 the first year is from the trust
fund to the Board of Trustees of the Minnesota State Colleges and Universities
for Bemidji State University to conduct an analysis of deer survival, habitat
use, and hunter data in the city of Bemidji to improve special archery hunt
management practices in urban areas of the state.
(l) Mapping the Ecology of Urban and Rural Canids |
|
|
|
|
$601,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to determine how
disease prevalence, diet, habitat use, and interspecies interactions of coyotes
and foxes change from urban to rural areas along the Mississippi River
corridor.
(m) Maximizing Lowland Conifer Ecosystem Services - Phase II |
|
|
|
$482,000 the first year is from
the trust fund to the Board of Regents of the University of Minnesota to
continue monitoring forested peatland hydrology and wildlife, conduct new
wildlife and habitat surveys, and quantify carbon storage to provide support
for management decisions.
(n) Modernizing Minnesota's Wildlife (and Plant) Action Plan |
|
|
|
$889,000 the first year is from the trust
fund to the commissioner of natural resources to modernize the Minnesota
Wildlife Action Plan by filling critical data gaps, including adding rare
plants to the plan, and standardizing conservation status assessment methods to
ensure Minnesota's natural heritage is protected into the future.
(o) Linking Breeding and Migratory Bird Populations in Minnesota |
|
|
|
$199,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Hawk Ridge
Bird Observatory to map year-round habitat use of understudied bird species of
special conservation concern and evaluate areas with the greatest risk of
contaminant exposure.
(p) Old Growth Forest Monitoring |
|
|
|
|
$441,000 the first year is from the trust
fund to the commissioner of natural resources to establish baseline conditions
and develop a cost-effective method to monitor approximately 93,000 acres of
old growth forest in Minnesota to ensure that these rare and important forest
resources are properly protected.
(q) Integrating Remotely Sensed Data with Traditional Forest Inventory |
|
|
|
$191,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota for the Natural
Resources Research Institute in Duluth to calibrate and optimize the use of
LiDAR for forest inventory purposes and estimate stand-level forest resource
metrics in northeastern Minnesota so ecosystem services can be better
considered in management decisions.
(r) Community Response Monitoring for Adaptive Management in Southeast Minnesota |
|
|
|
$483,000 the first year is from the trust
fund to the commissioner of natural
resources for an agreement with The Nature Conservancy to assess
community-level plant and animal responses to past restoration efforts in
select southeast Minnesota conservation focus areas to determine if management
outcomes are being achieved.
(s) Minnesota Biodiversity Atlas - Phase III |
|
|
|
|
$797,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota, Bell Museum of
Natural History, to expand the Minnesota Biodiversity Atlas to include more
than 2,000,000 records and images of Minnesota wildlife, plants, and fungi by
adding insect specimens, collections from new partners, historical data, and
repatriating records of Minnesota's biodiversity that exist in various federal
institutions.
Subd. 4. Water
Resources |
|
8,328,000
|
|
-0-
|
Appropriations
by Fund |
||
Environment and Natural Resources Trust Fund |
8,139,000
|
-0-
|
Great Lakes Protection Account |
189,000
|
-0-
|
(a) Ditching
Delinquent Ditches: Optimizing Wetland
Restoration |
|
|
|
$199,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to use new
techniques to identify and rank areas statewide where targeted removal of
poorly functioning drainage ditches and restoration to wetlands can provide
maximum human and ecological benefits, including aquifer recharge and flood
prevention.
(b) Assessment of Red River Basin Project Outcomes |
|
|
|
|
$920,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Red River
Watershed Management Board acting as fiscal agent for the Red River Basin Flood
Damage Reduction Work Group to plan and implement multiresource monitoring at
flood damage reduction and natural resource enhancement projects across the Red
River Basin to evaluate outcomes and improve design of future projects at a
regional scale. This appropriation is
available until June 30, 2028, by which time the project must be completed and
final products delivered.
(c) Wind Wave and Boating Impacts on Inland Lakes |
|
|
|
|
$415,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota for the St. Anthony
Falls Laboratory to conduct a field study to measure the impacts of boat
propeller wash and boat wakes on lake bottoms, shorelines, and water quality
compared to the impacts of wind-generated waves.
(d) Finding, Capturing, and Destroying PFAS in Minnesota Waters |
|
|
|
$478,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to develop novel
methods for the detection, sequestration, and degradation of poly- and
perfluoroalkyl substances (PFAS) in Minnesota's lakes and rivers.
(e) Sinking and Suspended Microplastic Particles in Lake Superior |
|
|
|
$412,000 the first year is to the Board of
Regents of the University of Minnesota for the Large Lakes Observatory in
Duluth to investigate the abundance, characteristics, and fate of microplastic
particles in Lake Superior to inform remediation strategies and analyses of
environmental impacts. Of this amount,
$189,000 is from the Great Lakes protection account and $223,000 is from the
trust fund. These appropriations may
also be used to educate the public about the research conducted with this
appropriation.
(f) Ecotoxicological Impacts of Quinone Outside Inhibitor (QoI) Fungicides |
|
|
|
$279,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the
University of St. Thomas to assess the ecological hazards associated with
QoI fungicides and their major environmental transformation products.
(g) Brightsdale Dam Channel Restoration |
|
|
|
|
$1,004,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with
Fillmore County Soil and Water Conservation District to reduce sedimentation
and improve aquatic habitat by restoring a channel of the north branch of the
Root River at the site of a failed hydroelectric power dam that was removed in
2003.
(h) Mapping Aquifer Recharge Potential |
|
|
|
|
$391,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota for the St. Anthony
Falls Laboratory to partner with the Freshwater Society to develop a practical
tool for mapping aquifer recharge potential, demonstrate the tool with
laboratory and field tests, use the tool to evaluate recharge potential of
several aquifers in Minnesota, and analyze aquifer recharge policy.
(i) ALASD's Chloride Source Reduction Pilot Program |
|
|
|
|
$764,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Alexandria
Lake Area Sanitary District (ALASD) to coordinate with Douglas County and the
Pollution Control Agency to pilot an incentive program for
residences and businesses to
install high-efficiency water softeners, salt-free systems, or softener
discharge disposal systems to reduce the annual salt load to Lake Winona and
downstream waters. The pilot program
includes rebates, inspections, community education, and water quality
monitoring to measure chloride reduction success. This appropriation is available until June
30, 2027, by which time the project must be completed and final products
delivered.
(j) Removing CECs from Stormwater with Biofiltration |
|
|
|
|
$641,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota for the St. Anthony
Falls Laboratory to develop a treatment practice design using biofiltration
media to remove contaminants of emerging concern (CECs) from stormwater runoff
and to provide statewide stormwater management guidance.
(k) Didymo II The North Shore Threat Continues |
|
|
|
|
$394,000 the first year is from the trust
fund to the Science Museum of Minnesota for the St. Croix Watershed
Research Station to identify North Shore streams with didymo, determine the
risk of invasion to other streams, document didymo impacts to stream
functioning, and develop strategies to prevent further spread of didymo.
(l) Leveraging Data Analytics Innovations for Watershed District Planning |
|
|
|
$738,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Minnehaha
Creek Watershed District to integrate local and statewide data sets into a
high-resolution planning tool that forecasts the impacts of changing
precipitation patterns and quantitatively compares cost effectiveness and
outcomes for water quality, ecological integrity, and flood prevention projects
in the district. Minnehaha Creek
Watershed District may license third parties to use products developed with
this appropriation without further approval from the legislature or the Legislative-Citizen
Commission on Minnesota Resources, provided the licensing does not generate
income. This appropriation is subject to
Minnesota Statutes, section 116P.10.
(m) Protecting Water in the Central Sands Region of the Mississippi River Headwaters |
|
|
|
$1,693,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with the
White Earth Band of Minnesota Chippewa Indians to conduct a policy analysis and
assess aggregate irrigation impacts on water quality and quantity in the
Pineland Sands region of the state.
Subd. 5. Environmental
Education |
|
3,905,000
|
|
-0-
|
(a) Fostering Conservation by Connecting Students to the BWCA |
|
|
|
$1,080,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with the
Friends of the Boundary Waters Wilderness to connect Minnesota youth to the
Boundary Waters through environmental education, experiential learning, and
wilderness canoe trips.
(b) Statewide Environmental Education via
PBS Outdoor Series |
|
|
|
$391,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Pioneer
Public Broadcasting Service to produce new episodes of a statewide public television
series and an educational web page designed to inspire Minnesotans to connect
with the outdoors and to restore and protect the state's natural resources.
(c) Increasing Diversity in Environmental Careers |
|
|
|
|
$763,000 the first year is from the trust
fund to the commissioner of natural resources in cooperation with Conservation
Corps Minnesota and Iowa to ensure a stable and prepared natural resources work
force in Minnesota by encouraging a diversity of students to pursue careers in
environment and natural resources through internships, mentorships, and
fellowships with the Department of Natural Resources, the Board of Water and
Soil Resources, and the Pollution Control Agency. This appropriation is available until June
30, 2028, by which time the project must be completed and final products
delivered.
(d) Reducing Biophobia & Fostering Environmental Stewardship in Underserved Schools |
|
|
|
$180,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota for the Raptor
Center to foster long-lasting environmental stewardship and literacy in
Minnesota youth in underserved schools by providing engaging, multiunit,
standards-based environmental programming featuring positive interactions with
raptors and evaluating program effectiveness and areas for improvement.
(e) Sharing Minnesota's Biggest Environmental Investment |
|
|
|
$628,000 the first year is from the trust
fund to the Science Museum of Minnesota, in coordination with the Legislative‑Citizen
Commission on Minnesota Resources (LCCMR), to increase public access to the
results of LCCMR‑recommended research, including through a free online
interactive map, in-depth videos, and public events.
(f) North Shore Private Forestry Outreach and Implementation |
|
|
|
$375,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Sugarloaf: The North Shore Stewardship Association to
conduct outreach to private forest landowners, develop site restoration plans,
and connect landowners with restoration assistance to encourage private forest
restoration and improve the ecological health of Minnesota's North Shore forest
landscape.
(g) Teaching Students about Watersheds through Outdoor Science |
|
|
|
$290,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Minnesota
Trout Unlimited to engage students in classroom and outdoor hands-on learning
focused on water quality, groundwater, aquatic life, and watershed stewardship
and provide youth and their families with fishing experiences to further foster
a conservation ethic.
(h) Bioblitz Urban Parks: Engaging Communities in Scientific Efforts |
|
|
|
$198,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the Minneapolis
Park and Recreation Board to work with volunteers to collect baseline
biodiversity data for neighborhood and regional parks to inspire stewardship
and inform habitat restoration work.
Subd. 6. Aquatic
and Terrestrial Invasive Species |
|
5,104,000
|
|
-0-
|
(a) Northward Expansion of Ecologically Damaging Amphibians and Reptiles |
|
|
|
$163,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to assess the
distribution and potential for expansion of key detrimental and nonnative
amphibians and reptiles in Minnesota.
(b) Developing Research-Based Solutions to Minnesota's AIS Problems |
|
|
|
$4,941,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota for the Minnesota
Aquatic Invasive Species Research Center to conduct high-priority projects
aimed at solving Minnesota's aquatic invasive species problems using rigorous
science and a collaborative process. Additionally,
funds may be spent to deliver research findings to end users through strategic
communication and outreach. This
appropriation is subject to Minnesota Statutes, section 116P.10. This appropriation is
available until June 30, 2027,
by which time the project must be completed and final products delivered.
Subd. 7. Air Quality, Climate Change, and Renewable Energy |
3,913,000
|
|
-0-
|
(a) Community Forestry AmeriCorps |
|
|
|
|
$1,500,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with
ServeMinnesota to preserve and increase tree canopy throughout the state by
training, supporting, and deploying AmeriCorps members to local agencies and
nonprofit organizations to plant and inventory trees, develop and implement
pest management plans, create and maintain nursery beds for replacement trees,
and organize opportunities for community engagement in tree stewardship
activities.
(b) Biochar Implementation in Habitat Restoration: A Pilot |
|
|
|
$185,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Great River
Greening to pilot the use of portable biochar kilns as an alternative to
open-pile burning of trees and shrubs to reduce smoke and carbon emissions and
produce beneficial by-products from invasive species removal and land
restoration efforts.
(c) Completing Installment of the Minnesota Ecological Monitoring Network |
|
|
|
$1,094,000 the first year is from the trust
fund to the commissioner of natural resources to improve conservation and
management of Minnesota's native forests, wetlands, and grasslands by
completing the Ecological Monitoring Network to measure ecosystems' change
through time.
(d) Lichens as Low-Cost Air Quality Monitors in Minnesota |
|
|
|
$341,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to develop
community science protocols for using lichens as indicators of air quality and
conduct an analysis of air pollution changes across Minnesota in the present
and in the past century.
(e) Environment-Friendly Decarbonizing of Steel Production with Hydrogen Plasma |
|
|
|
$739,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to investigate the
use of microwave hydrogen plasma to reduce fossil fuel use, carbon dioxide
emissions, and waste and enable the use of alternative iron resources,
including lower quality iron ores, tailings, and iron ore waste piles, in the
iron-making industry. This appropriation
is subject to Minnesota Statutes, section 116P.10.
(f) Economic Analysis Guide for Minnesota Climate Investments |
|
|
|
$54,000 the first year is from the trust
fund to the commissioner of the Minnesota Pollution Control Agency to create a
guide that will incorporate nation-wide best practices for considering costs,
benefits, economics, and equity in Minnesota climate policy decisions.
Subd. 8. Methods to Protect or Restore Land, Water, and Habitat |
15,997,000
|
|
-0-
|
(a) Minnesota Bee and Beneficial Species Habitat Enhancement II |
|
|
|
$876,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Pheasants
Forever Inc. to enhance grassland habitats to benefit pollinators and other
wildlife species on permanently protected lands and to collaborate with the
University of Minnesota to determine best practices for seeding timing and
techniques.
(b) Karner Blue Butterfly Insurance Population Establishment in Minnesota |
|
|
|
$405,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the Three
Rivers Park District to establish a breeding population of the federally
endangered Karner blue butterfly on protected lands within the butterfly's
northern expanding range, increase the habitat area, and evaluate the butterfly
establishment effort to assist with adaptive management. This appropriation is available until June
30, 2027, by which time the project must be completed and final products
delivered.
(c) Root River Habitat Restoration at Eagle Bluff |
|
|
|
|
$866,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Eagle Bluff
Environmental Learning Center to restore habitat in and alongside the Root
River north of Lanesboro, Minnesota, and to conduct monitoring to ensure water
quality and fish population improvements are achieved. This appropriation is available until June
30, 2028, by which time the project must be completed and final products
delivered.
(d) Restoring Mussels in Streams and Lakes - Continuation |
|
|
|
$825,000 the first year is from the trust
fund to the commissioner of natural resources to propagate, rear, and restore
native freshwater
mussel assemblages and the
ecosystem services they provide in the Mississippi, Cedar, and Cannon Rivers;
to evaluate reintroduction success; and to inform the public on mussels and
mussel conservation.
(e) Minnesota Million: Seedlings for Reforestation and CO 2 Sequestration |
|
|
|
$906,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota, Duluth, to
collaborate with The Nature Conservancy and Minnesota Extension to expand
networks of seed collectors and tree growers and to research tree planting
strategies to accelerate reforestation for carbon sequestration, wildlife
habitat, and watershed resilience.
(f) Panoway on Wayzata Bay Shoreline Restoration Project |
|
|
|
$200,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the city of
Wayzata to restore native lake bottom and shoreline vegetation to improve
shoreline stability, wildlife habitat, and the natural beauty of Lake
Minnetonka's Wayzata Bay. The recipient
must report to the Legislative-Citizen Commission on Minnesota Resources on the
effectiveness of any new methods tested while conducting the project and may
use a portion of the appropriation to prepare that report.
(g) Pollinator Central III: Habitat Improvement with Community Monitoring |
|
|
|
$190,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Great River
Greening to restore and enhance pollinator habitat in parks, schools, and other
public spaces to benefit pollinators and people and to build knowledge about
impacts of the pollinator plantings through community-based monitoring.
(h) Restoring Forests and Savannas Using Silvopasture ‑ Phase II |
|
|
|
$674,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Great River
Greening to continue to partner with the University of Minnesota and the
Sustainable Farming Association to demonstrate, evaluate, and increase adoption
of the combined use of intensive tree, forage, and grazing as a method to
restore and manage forest and savanna habitats.
(i) Minnesota Community Schoolyards |
|
|
|
|
$1,433,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with The
Trust for Public Land to engage students and communities to create
nature-focused habitat improvements at schoolyards across the state to increase
environmental outcomes and encourage outdoor learning.
(j) Pollinator Enhancement and Mississippi River Shoreline Restoration |
|
|
|
$187,000 the first year is from the trust
fund to the adjutant general of the Department of Military Affairs to restore
native prairie, support pollinator plantings, and stabilize a large section of
stream bank along the Mississippi River within Camp Ripley.
(k) Conservation Cooperative for Working Lands |
|
|
|
|
$2,611,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with
Pheasants Forever Inc. to collaborate with Natural Resources Conservation
Service, Board of Water and Soil Resources, and Minnesota Association of Soil
and Water Conservation Districts to accelerate adoption of voluntary
conservation practices on working lands in Minnesota by increasing technical
assistance to farmers and landowners while also attracting federal matching
funds.
(l) Quantifying Environmental Benefits of Peatland Restoration in Minnesota |
|
|
|
$754,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to quantify the
capacity of restored peatlands to store and accumulate atmospheric carbon and
prevent release of accumulated mercury into the surrounding environment. This appropriation is available until June
30, 2027, by which time the project must be completed and final products
delivered.
(m) Renewing Access to an Iconic North Shore Vista |
|
|
|
|
$197,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the
Superior Hiking Trail Association to use national trail design best practices
to renew trails and a campground along the Bean and Bear Lakes section of the
Superior Hiking Trail that provides access to one of Minnesota's most iconic
vistas.
(n) Addressing Erosion Along High Use River Loops |
|
|
|
|
$368,000 the first year is from
the trust fund to the commissioner of natural resources for an agreement with
the Superior Hiking Trail Association to rehabilitate and renew popular river
loops of the Superior Hiking Trail to withstand high visitor use and serve
Minnesotans for years to come.
(o) Pollinator Habitat Creation at Minnesota Closed Landfills |
|
|
|
$1,508,000 the first year is from the
trust fund to the commissioner of the Minnesota Pollution Control Agency to
conduct a pilot project to create pollinator habitat at closed landfill sites
in the closed landfill program. This appropriation is available until June
30, 2027, by which time the project must be completed and final products
delivered.
(p) Enhancing Habitat Connectivity within the Urban Mississippi Flyway |
|
|
|
$190,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the
Minneapolis Park and Recreation Board to enhance and restore habitat in and
between urban neighborhood parks and the Mississippi River to benefit animals,
plants, and neighborhoods traditionally disconnected from nature and to raise
awareness of the Mississippi River Flyway.
(q) Statewide Diversion of Furniture and Mattress Waste Pilots |
|
|
|
$2,833,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with EMERGE
Community Development to work collaboratively with the University of Minnesota,
Second Chance Recycling, and local governments to test and implement methods to
expand mattress and furniture recycling statewide, including by researching
value-add commodity markets for recycled materials, piloting mattress
collection in greater Minnesota counties, piloting curbside furniture
collection in the metropolitan area, and increasing facility capacity to
recycle collected mattresses. Any
revenue generated from selling products or assets developed or acquired with
this appropriation must be repaid to the trust fund unless a plan is approved
for reinvestment of income in the project.
This appropriation is subject to Minnesota Statutes, section 116P.10.
(r) Phelps Mill Wetland and Prairie Restoration |
|
|
|
|
$974,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Otter Tail
County to plan, engineer, and restore wetlands and prairie within the newly expanded
Phelps Mill County Park to improve habitat connectivity for wildlife and
enhance recreational experiences for users.
Up to $322,000 of this appropriation may be used to plan, engineer, and
construct a boardwalk, viewing platforms, and soft trails within the
park. This appropriation is available until June
30, 2027, by which time the project must be completed and final products
delivered.
Subd. 9. Land
Acquisition, Habitat, and Recreation |
|
31,241,000
|
|
-0-
|
(a) SNA Stewardship, Outreach, and Biodiversity Protection |
|
|
|
$1,919,000 the first year is from the
trust fund to the commissioner of natural resources to restore and enhance
exceptional habitat on scientific and natural areas (SNAs), increase public involvement
and outreach, and strategically acquire lands that meet criteria for SNAs under
Minnesota Statutes, section 86A.05, from willing sellers. This appropriation is available until June
30, 2027, by which time the project must be completed and final products
delivered.
(b) Wannigan Regional Park Land Acquisition |
|
|
|
|
$727,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the city of
Frazee to acquire land for protecting and enhancing natural resources and for
future development as Wannigan Regional Park, where the Heartland State, North
Country National, and Otter Tail River Water Trails will meet. Initial site development or restoration work
may be conducted with this appropriation.
(c) Local Parks, Trails, and Natural Areas Grant Programs |
|
|
|
$3,802,000 the first year is from the
trust fund to the commissioner of natural resources to solicit and rank
applications and fund competitive matching grants for local parks, trail
connections, and natural and scenic areas under Minnesota Statutes, section
85.019. This appropriation is for local
nature-based recreation, connections to regional and state natural areas, and
recreation facilities and may not be used for athletic facilities such as sport
fields, courts, and playgrounds.
(d) Outreach and Stewardship Through the Native Prairie Bank Program |
|
|
|
$620,000 the first year is from the trust
fund to the commissioner of natural resources to enhance and monitor lands
enrolled in the native prairie bank and to provide outreach and technical
assistance to landowners, practitioners, and the public to increase awareness
and stewardship of the state's remaining native prairie. This appropriation is available until June
30, 2027, by which time the project must be completed and final products
delivered.
(e) Minnesota State Trails Development |
|
|
|
|
$4,952,000 the first year is
from the trust fund to the commissioner of natural resources to expand
recreational opportunities on Minnesota state trails by rehabilitating and
enhancing existing state trails and replacing or repairing existing state trail
bridges.
(f) Construction of East Park |
|
|
|
|
$700,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the city of
St. Joseph to increase recreational opportunities and access at East Park
along the Sauk River in St. Joseph through enhancements such as a canoe
and kayak access, a floating dock, paved and mowed trails, and parking entrance
improvements.
(g) Scandia Gateway Trail to William O'Brien State Park |
|
|
|
|
$2,689,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with the
city of Scandia to engineer and construct a segment of the Gateway State Trail
between the city of Scandia and William O'Brien State Park that will be
maintained by the Department of Natural Resources. The segment to be constructed includes a
pedestrian tunnel and trailhead parking area.
This project must be designed and constructed in accordance with
Department of Natural Resources state trail standards. Engineering and construction plans must be
approved by the commissioner of natural resources before construction may
commence. This appropriation is
available until June 30, 2027, by which time the project must be completed and
final products delivered.
(h) Grand Marais Mountain Bike Trail
Rehabilitation - Phase II |
|
|
|
$200,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Superior
Cycling Association to rehabilitate and modify existing mountain bike trails at
Pincushion Mountain to increase the trail's environmental sustainability and
provide better access to beginner and adaptive cyclers.
(i) Acquisition of State Parks and Trails Inholdings |
|
|
|
|
$5,425,000 the first year is from the
trust fund to the commissioner of natural resources to acquire high-priority
inholdings from willing sellers within the legislatively authorized boundaries
of state parks, recreation areas, and trails to protect Minnesota's natural
heritage, enhance outdoor recreation, and improve the efficiency of public land
management. This appropriation is
available until June 30, 2027, by which time the project must be completed and
final products delivered.
(j) St. Louis River Re-Connect - Phase II |
|
|
|
|
$1,375,000 the first year is
from the trust fund to the commissioner of natural resources for an agreement
with the city of Duluth to increase recreational opportunities and access to
the Waabizheshikana hiking and water trails in West Duluth with trail and
trailhead enhancements such as accessible canoe and kayak launches, picnic
areas, and restrooms; restored habitat; stormwater improvements; directional
signage, and trailside interpretation. This
appropriation may also be used to partner with the St. Louis River
Alliance to create an ambassadors program to engage the surrounding community
and facilitate use of the trails.
(k) City of Biwabik Recreation |
|
|
|
|
$1,306,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with the
city of Biwabik to reconstruct and renovate Biwabik Recreation Area's access
road, parking area, and bathroom facilities.
(l) Silver Bay Multimodal Trailhead Project |
|
|
|
|
$1,970,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with the
city of Silver Bay to develop a multimodal trailhead center to provide safe
access to the Superior Hiking, Gitchi-Gami Bike, and C.J. Ramstad/North Shore
trails; Black Beach Park; and other recreational destinations. Before any construction costs are incurred,
the city must demonstrate that all funding to complete the project are secured.
(m) Above the Falls Regional Park Restoration Planning and Acquisition |
|
|
|
$1,376,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with the
Minneapolis Park and Recreation Board to acquire land along the Mississippi
River from willing sellers for habitat restoration, trail development, and
low-intensity recreational facilities in Above the Falls Regional Park. This appropriation may also be used to
prepare restoration plans for lands acquired.
This appropriation may not be used to purchase habitable residential
structures. Before the acquisition, a
phase 1 environmental assessment must be completed and the Minneapolis Park and
Recreation Board must not accept any liability for previous contamination of
lands acquired with this appropriation.
(n) Redhead Mountain Bike Park |
|
|
|
|
$1,666,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with the
city of Chisholm as the fiscal agent for the Minnesota Discovery Center to
enhance outdoor recreational opportunities by adding trails and amenities to
the Redhead Mountain Bike Park in Chisholm.
Amenities may
include such things as pump
tracks, skills courses, changing stations, shade shakes, and signage.
(o) Maplewood State Park Trail Segment of the Perham to Pelican Rapids Regional Trail |
|
|
|
$2,514,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with Otter
Tail County to partner with the Department of Natural Resources to construct
the Maplewood State Park segment of the Perham to Pelican Rapids Regional Trail. This project must be designed and constructed
in accordance with Department of Natural Resources state trail standards. Engineering and construction plans must be
approved by the commissioner of natural resources before construction may
commence.
Subd. 10. Administration, Emerging Issues, and Contract Agreement Reimbursement |
3,126,000
|
|
-0-
|
(a) LCCMR Administrative Budget |
|
|
|
|
$2,133,000 the first year is from the
trust fund to the Legislative‑Citizen Commission on Minnesota Resources
for administration in fiscal years 2024 and 2025 as provided in Minnesota
Statutes, section 116P.09, subdivision 5.
This appropriation is available until June 30, 2025. Notwithstanding Minnesota Statutes, section
116P.11, paragraph (b), Minnesota Statutes, section 16A.281, applies to this
appropriation.
(b) Emerging Issues |
|
|
|
|
$767,000 the first year is from the trust
fund to the Legislative‑Citizen Commission on Minnesota Resources to an
emerging issues account authorized in Minnesota Statutes, section 116P.08,
subdivision 4, paragraph (d).
(c) Contract Agreement Reimbursement |
|
|
|
|
$224,000 the first year is from the trust
fund to the commissioner of natural resources, at the direction of the
Legislative-Citizen Commission on Minnesota Resources, for expenses incurred in
preparing and administering contracts, including for the agreements specified
in this section.
(d) Legislative Coordinating Commission Legacy Website |
|
|
|
|
$2,000 the first year is from the trust
fund to the Legislative Coordinating Commission for the website required in
Minnesota Statutes, section 3.303, subdivision 10.
Subd. 11. Availability
of Appropriations |
|
|
|
|
Money appropriated in this section may not
be spent on activities unless they are directly related to and necessary for a
specific appropriation and are specified in the work plan approved by the
Legislative-Citizen Commission on Minnesota Resources. Money appropriated in this section must not
be spent on indirect costs or other institutional overhead charges that are not
directly related to and necessary for a specific appropriation. Costs that are directly related to and
necessary for an appropriation, including financial services, human resources,
information services, rent, and utilities, are eligible only if the costs can
be clearly justified and individually documented specific to the
appropriation's purpose and would not be generated by the recipient but for
receipt of the appropriation. No broad
allocations for costs in either dollars or percentages are allowed. Unless otherwise provided, the amounts in
this section are available for three years beginning July 1, 2023, and ending
June 30, 2026, when projects must be completed and final products delivered. For acquisition of real property, the
appropriations in this section are available for an additional fiscal year if a
binding contract for acquisition of the real property is entered into before
the expiration date of the appropriation.
If a project receives a federal award, the period of the appropriation
is extended to equal the federal award period to a maximum trust fund
appropriation length of six years.
Subd. 12. Data
Availability Requirements Data |
|
|
|
|
Data collected by the projects funded
under this section must conform to guidelines and standards adopted by
Minnesota IT Services. Spatial data must
also conform to additional guidelines and standards designed to support data
coordination and distribution that have been published by the Minnesota
Geospatial Information Office. Descriptions
of spatial data must be prepared as specified in the state's geographic
metadata guideline and must be submitted to the Minnesota Geospatial
Information Office. All data must be
accessible and free to the public unless made private under the Data Practices
Act, Minnesota Statutes, chapter 13. To
the extent practicable, summary data and results of projects funded under this
section should be readily accessible on the Internet and identified as having
received funding from the environment and natural resources trust fund.
Subd. 13. Project
Requirements |
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(a) As a condition of accepting an appropriation
under this section, an agency or entity receiving an appropriation or a party
to an agreement from an appropriation must comply with paragraphs (b) to (l)
and Minnesota Statutes, chapter 116P, and must submit a work plan and annual or
semiannual progress reports in the form
determined by the
Legislative-Citizen Commission on Minnesota Resources for any project funded in
whole or in part with funds from the appropriation. Modifications to the approved work plan and
budget expenditures must be made through the amendment process established by
the Legislative-Citizen Commission on Minnesota Resources.
(b) A recipient of money appropriated in
this section that conducts a restoration using funds appropriated in this
section must use native plant species according to the Board of Water and Soil
Resources' native vegetation establishment and enhancement guidelines and
include an appropriate diversity of native species selected to provide habitat
for pollinators throughout the growing season as required under Minnesota
Statutes, section 84.973.
(c) For all restorations conducted with
money appropriated under this section, a recipient must prepare an ecological
restoration and management plan that, to the degree practicable, is consistent
with the highest-quality conservation and ecological goals for the restoration
site. Consideration should be given to
soil, geology, topography, and other relevant factors that would provide the
best chance for long-term success and durability of the restoration project. The plan must include the proposed timetable
for implementing the restoration, including site preparation, establishment of
diverse plant species, maintenance, and additional enhancement to establish the
restoration; identify long-term maintenance and management needs of the
restoration and how the maintenance, management, and enhancement will be
financed; and take advantage of the best-available science and include
innovative techniques to achieve the best restoration.
(d) An entity receiving an appropriation
in this section for restoration activities must provide an initial restoration
evaluation at the completion of the appropriation and an evaluation three years
after the completion of the expenditure.
Restorations must be evaluated relative to the stated goals and
standards in the restoration plan, current science, and, when applicable, the
Board of Water and Soil Resources' native vegetation establishment and
enhancement guidelines. The evaluation
must determine whether the restorations are meeting planned goals, identify any
problems with implementing the restorations, and, if necessary, give
recommendations on improving restorations.
The evaluation must be focused on improving future restorations.
(e) All restoration and enhancement
projects funded with money appropriated in this section must be on land
permanently protected by a conservation easement or public ownership.
(f) A recipient of money from
an appropriation under this section must give consideration to contracting with
Conservation Corps Minnesota for contract restoration and enhancement services.
(g) All conservation easements acquired
with money appropriated under this section must:
(1) be permanent;
(2) specify the parties to an easement in
the easement;
(3) specify all provisions of an agreement
that are permanent;
(4) be sent to the Legislative-Citizen
Commission on Minnesota Resources in an electronic format at least ten business
days before closing;
(5) include a long-term monitoring and enforcement
plan and funding for monitoring and enforcing the easement agreement; and
(6) include requirements in the easement
document to protect the quantity and quality of groundwater and surface water
through specific activities such as keeping water on the landscape, reducing
nutrient and contaminant loading, and not permitting artificial hydrological
modifications.
(h) For any acquisition of lands or
interest in lands, a recipient of money appropriated under this section must
not agree to pay more than 100 percent of the appraised value for a parcel of
land using this money to complete the purchase, in part or in whole, except
that up to ten percent above the appraised value may be allowed to complete the
purchase, in part or in whole, using this money if permission is received in
advance of the purchase from the Legislative-Citizen Commission on Minnesota
Resources.
(i) For any acquisition of land or
interest in land, a recipient of money appropriated under this section must
give priority to high‑quality natural resources or conservation lands
that provide natural buffers to water resources.
(j) For new lands acquired with money
appropriated under this section, a recipient must prepare an ecological
restoration and management plan in compliance with paragraph (c), including
sufficient funding for implementation unless the work plan addresses why a
portion of the money is not necessary to achieve a high-quality restoration.
(k) To ensure public accountability for
using public funds, a recipient of money appropriated under this section must,
within 60 days of the transaction, provide to the Legislative-Citizen
Commission on Minnesota
Resources documentation of the selection process used to identify parcels
acquired and provide documentation of all related transaction costs, including
but not limited to appraisals, legal fees, recording fees, commissions, other
similar costs, and donations. This
information must be provided for all parties involved in the transaction. The recipient must also report to the
Legislative-Citizen Commission on Minnesota Resources any difference between
the acquisition amount paid to the seller and the state-certified or
state-reviewed appraisal, if a state-certified or state-reviewed appraisal was
conducted.
(l) A recipient of an appropriation from
the trust fund under this section must acknowledge financial support from the
environment and natural resources trust fund in project publications, signage,
and other public communications and outreach related to work completed using
the appropriation. Acknowledgment may
occur, as appropriate, through use of the trust fund logo or inclusion of
language attributing support from the trust fund. Each direct recipient of money appropriated
in this section, as well as each recipient of a grant awarded pursuant to this
section, must satisfy all reporting and other requirements incumbent upon
constitutionally dedicated funding recipients as provided in Minnesota
Statutes, section 3.303, subdivision 10, and Minnesota Statutes, chapter 116P.
(m) A recipient of an appropriation from
the trust fund under this section that is receiving funding to conduct
children's services, as defined in Minnesota Statutes, section 299C.61,
subdivision 7, must certify to the Legislative-Citizen Commission on Minnesota
Resources, as part of the required work plan, that criminal background checks
for background check crimes, as defined in Minnesota Statutes, section 299C.61,
subdivision 2, are performed on all employees, contractors, and volunteers that
have or may have access to a child to whom the recipient provides children's
services using the appropriation.
Subd. 14. Payment Conditions and Capital Equipment Expenditures |
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(a) All agreements, grants, or contracts
referred to in this section must be administered on a reimbursement basis
unless otherwise provided in this section.
Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on
or after July 1, 2023, or the date the work plan is approved, whichever is
later, are eligible for reimbursement unless otherwise provided in this section. Periodic payments must be made upon receiving
documentation that the deliverable items articulated in the approved work plan
have been achieved, including partial achievements as evidenced by approved
progress reports. Reasonable amounts may
be advanced to projects to accommodate cash-flow needs or match federal money. The advances must be approved as part of the
work plan. No
expenditures for capital
equipment are allowed unless expressly authorized in the project work plan.
(b) Single-source contracts as specified
in the approved work plan are allowed.
Subd. 15. Purchasing Recycled and Recyclable Materials |
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A political subdivision, public or private
corporation, or other entity that receives an appropriation under this section
must use the appropriation in compliance with Minnesota Statutes, section
16C.0725, regarding purchasing recycled, repairable, and durable materials, and
Minnesota Statutes, section 16C.073, regarding purchasing and using paper stock
and printing.
Subd. 16. Energy Conservation and Sustainable Building Guidelines |
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A recipient to whom an appropriation is
made under this section for a capital improvement project must ensure that the project
complies with the applicable energy conservation and sustainable building
guidelines and standards contained in law, including Minnesota Statutes,
sections 16B.325, 216C.19, and 216C.20, and rules adopted under those sections. The recipient may use the energy planning,
advocacy, and State Energy Office units of the Department of Commerce to obtain
information and technical assistance on energy conservation and
alternative-energy development relating to planning and constructing the
capital improvement project.
Subd. 17. Accessibility
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Structural and nonstructural facilities
must meet the design standards in the Americans with Disabilities Act (ADA)
accessibility guidelines.
Subd. 18. Carryforward;
Extensions |
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The availability of the appropriations for
the following projects is extended to June 30, 2024:
(1) Laws 2018, chapter 214, article 4,
section 2, subdivision 6, paragraph (a), Minnesota Invasive Terrestrial Plants
and Pests Center - Phase 4;
(2) Laws 2018, chapter 214, article 4,
section 2, subdivision 8, paragraph (e), Restoring Forests in Minnesota State
Parks;
(3) Laws 2019, First Special
Session chapter 4, article 2, section 2, subdivision 3, paragraph (d),
Minnesota Trumpeter Swan Migration Ecology and Conservation;
(4) Laws 2019, First Special Session
chapter 4, article 2, section 2, subdivision 8, paragraph (g), Agricultural
Weed Control Using Autonomous Mowers;
(5) Laws 2019, First Special Session
chapter 4, article 2, section 2, subdivision 10, paragraph (d), Grants
Management System; and
(6) Laws 2021, First Special Session
chapter 6, article 5, section 2, subdivision 10, Emerging Issues Account;
Wastewater Renewable Energy Demonstration Grants.
Subd. 19. Repurpose
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The unencumbered amount, estimated to be
$176,000, in Laws 2021, First Special Session chapter 6, article 6, section 2,
subdivision 8, paragraph (f), Restoring Upland Forests for Birds, is for
examining the impacts of neonicotinoid exposure on the reproduction and
survival of Minnesota's game species, including deer and prairie chicken. This amount is in addition to the
appropriation under article 1, section 3, subdivision 6, for these purposes and
is available until June 30, 2027.
Sec. 3. Minnesota Statutes 2022, section 116P.05, subdivision 1, is amended to read:
Subdivision 1. Membership. (a) A Legislative-Citizen Commission on
Minnesota Resources of 17 19 members is created in the
legislative branch, consisting of the chairs of the house of representatives
and senate committees on environment and natural resources finance or designees
appointed for the terms of the chairs, four members of the senate appointed by
the Subcommittee on Committees of the Committee on Rules and Administration,
and four members of the house of representatives appointed by the speaker ten
legislative members and nine citizen members.
(b) At least two members from the senate
and two members from the house of representatives must be from the minority
caucus. Members are entitled to
reimbursement for per diem expenses plus travel expenses incurred in the
services of the commission.
(b) The legislative members of the
commission consist of:
(1) three members of the house of
representatives appointed by the speaker of the house, including the chair of
the environment and natural resources finance committee or the chair's
designee;
(2) three members of the senate appointed
by the senate majority leader, including the chair of the environment and
natural resources finance committee or the chair's designee;
(3) two members of the house of
representatives appointed by the house minority leader; and
(4) two members of the senate appointed
by the senate minority leader.
(c) Seven citizens are The citizen
members of the commission, five consist of:
(1) four members appointed by the
governor, one;
(2) two members appointed by the Senate
Subcommittee on Committees of the Committee on Rules and Administration, and
one senate majority leader;
(3) two members appointed by the
speaker of the house. The; and
(4) one member appointed by the governor
as recommended by the Tribal government representatives of the Indian Affairs
Council.
(d) A citizen members are selected
and recommended to the appointing authorities according to subdivision 1a and
member must:
(1) have experience or expertise in the science, policy, or practice of the protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources;
(2) have strong knowledge in the state's
environment and natural resource issues around the state; and
(3) have demonstrated ability to work in a
collaborative environment; and
(4) not be a registered lobbyist.
(d) (e) Members shall must
develop procedures to elect a chair that rotates between legislative and
citizen members each meeting. A citizen
member, a senate member, and a house of representatives member shall serve as
chairs. The citizen members, senate
members, and house of representatives members must select their respective
chairs. The chair shall must
preside and convene meetings as often as necessary to conduct duties prescribed
by this chapter.
(e) (f) Appointed legislative
members shall serve on the commission for two-year terms, beginning in
January of each odd-numbered year and continuing through the end of December of
the next even-numbered year. Appointed
citizen members shall serve four-year terms, beginning in January of the
first year and continuing through the end of December of the final year. Citizen and legislative members continue to
serve until their successors are appointed.
(f) (g) A citizen member may
be removed by an appointing authority for cause. Vacancies occurring on the commission shall
do not affect the authority of the remaining members of the commission
to carry out their duties, and vacancies shall must be filled for
the remainder of the term in the same manner under paragraphs (a) to (c).
(g) (h) Legislative members are
entitled to reimbursement for per diem expenses plus travel expenses incurred
in the services of the commission.
Citizen members are entitled to per diem and reimbursement for expenses
incurred in the services of the commission, as provided in section 15.059,
subdivision 3, except that a citizen member may be compensated at the rate
of up to $125 a day.
(h) The governor's appointments are
subject to the advice and consent of the senate.
(i) A citizen member may serve no more
than eight years, except as necessary to fill a vacancy. A citizen member may not serve more than ten
years if serving additional time to fill a vacancy.
EFFECTIVE
DATE. This section is
effective January 1, 2026.
Sec. 4. Minnesota Statutes 2022, section 116P.05, subdivision 1a, is amended to read:
Subd. 1a. Citizen
selection committee. (a) The
governor shall must appoint a Trust Fund Citizen Selection
Committee of five members who come from different regions of the state and who
have knowledge and experience of state environment and natural resource issues to
provide recommendations for appointments under subdivision 1, paragraph (c),
clause (1).
(b) The duties of the Trust Fund Citizen
Selection Committee shall be are to:
(1) identify citizen candidates to be members of the commission as part of the open appointments process under section 15.0597;
(2) request and review citizen candidate applications to be members of the commission; and
(3) interview the citizen candidates and
recommend an adequate pool of candidates to be selected for commission
membership by the governor, the senate, and the house of representatives.
(c) Members serve three-year terms and
are entitled to travel expenses incurred to fulfill their duties under this
subdivision as provided in section 15.059, subdivision 6 per diem and
reimbursement for expenses incurred in the services of the committee, as
provided in section 15.059, subdivision 3, except that a citizen selection
committee member may be compensated at the rate of up to $125 a day.
(d) A member appointed under this
subdivision may not be a registered lobbyist.
EFFECTIVE
DATE. This section is
effective January 1, 2025.
Sec. 5. Minnesota Statutes 2022, section 116P.05, subdivision 2, is amended to read:
Subd. 2. Duties. (a) The commission shall must
recommend an annual or biennial legislative bill for appropriations from the
environment and natural resources trust fund and shall must adopt
a strategic plan as provided in section 116P.08. Except as provided under section 116P.09,
subdivision 6, paragraph (b), approval of the recommended legislative bill
requires an affirmative vote of at least 12 11 members of the
commission.
(b) It is a condition of acceptance of the
appropriations made from the Minnesota environment and natural resources trust
fund, and oil overcharge money under section 4.071, subdivision 2, that the
agency or entity receiving the appropriation must submit a work plan and annual
or semiannual progress reports in the form determined by the
Legislative-Citizen Commission on Minnesota Resources, and comply with
applicable reporting requirements under section 116P.16. None of the money provided may be spent unless
the commission has approved the pertinent work plan. Modifications to the approved work plan and
budget expenditures shall must be made through the amendment
process established by the commission. The
commission shall must ensure that the expenditures and outcomes
described in the work plan for appropriations funded by the environment and
natural resources trust fund are met.
(c) The peer review procedures created under section 116P.08 must also be used to review, comment, and report to the commission on research proposals applying for an appropriation from the oil overcharge money under section 4.071, subdivision 2.
(d) The commission may adopt operating procedures to fulfill its duties under this chapter.
(e) As part of the operating procedures, the
commission shall must:
(1) ensure that members' expectations are to participate in all meetings related to funding decision recommendations;
(2) recommend adequate funding for increased citizen outreach and communications for trust fund expenditure planning;
(3) allow administrative expenses as part of individual project expenditures based on need;
(4) provide for project outcome evaluation;
(5) keep the grant application, administration, and review process as simple as possible; and
(6) define and emphasize the leveraging of additional sources of money that project proposers should consider when making trust fund proposals.
EFFECTIVE
DATE. This section is
effective January 1, 2026.
Sec. 6. Minnesota Statutes 2022, section 116P.09, subdivision 6, is amended to read:
Subd. 6. Conflict
of interest. (a) A commission
member, a technical advisory committee member, a peer reviewer, or an employee
of the commission may not participate in or vote on a decision of the
commission, advisory committee, or peer review relating to an organization in
which the member, peer reviewer, or employee has either a direct or indirect
personal financial interest. While
serving on the commission or technical advisory committee or as a peer reviewer
or while an employee of the commission, a person shall must avoid
any potential conflict of interest.
(b) A commission member may not vote on
a motion regarding the final recommendations of the commission required under
section 116P.05, subdivision 2, paragraph (a), if the motion relates to an
organization in which the member has a direct personal financial interest. If a commission member is prohibited from
voting under this paragraph, the number of affirmative votes required under
section 116P.05, subdivision 2, paragraph (a), is reduced by the number of
members ineligible to vote under this paragraph.
EFFECTIVE
DATE. This section is
effective January 1, 2026.
Sec. 7. Minnesota Statutes 2022, section 116P.11, is amended to read:
116P.11
AVAILABILITY OF FUNDS FOR DISBURSEMENT.
(a) The amount annually available
from the trust fund for the legislative bill developed by the commission is as
defined in the Minnesota Constitution, article XI, section 14.
(b) Any appropriated funds not
encumbered in the biennium in which they are appropriated cancel and must be
credited to the principal of the trust fund.
Sec. 8. Minnesota Statutes 2022, section 116P.15, is amended to read:
116P.15
CAPITAL CONSTRUCTION AND LAND ACQUISITION; RESTRICTIONS.
Subdivision 1. Scope. A recipient of an appropriation from the
trust fund or the Minnesota future resources fund who acquires an interest in
real property with the appropriation must comply with this section subdivision
2. For the purposes of this
section, "interest in real property" includes, but is not limited to,
an easement or fee title to property.
A recipient of an appropriation from the trust fund who uses any
portion of the appropriation for a capital construction project with a total
cost of $10,000 or more must comply with subdivision 3.
Subd. 2. Land acquisition restrictions; modification procedure. (a) An easement, fee title, or other interest in real property acquired with an appropriation from the trust fund or the Minnesota future resources fund must be used in perpetuity or for the specific term of an easement interest for the purpose for which the appropriation was made. The ownership of the interest in real property transfers to the state if: (1) the holder of the interest in real property fails to comply with the terms and conditions of the grant agreement or work plan; or (2) restrictions are placed on the land that preclude its use for the intended purpose as specified in the appropriation.
(b) A recipient of funding who acquires an interest in real property subject to this section may not alter the intended use of the interest in real property or convey any interest in the real property acquired with the appropriation without the prior review and approval of the commission or its successor. The commission shall notify the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the trust fund or Minnesota future resources fund at least 15 business days before approval under this paragraph. The commission shall establish procedures to review requests from recipients to alter the use of or convey an interest in real property. These procedures shall allow for the replacement of the interest in real property with another interest in real property meeting the following criteria:
(1) the interest must be at least equal in fair market value, as certified by the commissioner of natural resources, to the interest being replaced; and
(2) the interest must be in a reasonably equivalent location, and have a reasonably equivalent useful conservation purpose compared to the interest being replaced, taking into consideration all effects from fragmentation of the whole habitat.
(c) A recipient of funding who acquires an interest in real property under paragraph (a) must separately record a notice of funding restrictions in the appropriate local government office where the conveyance of the interest in real property is filed. The notice of funding agreement must contain:
(1) a legal description of the interest in real property covered by the funding agreement;
(2) a reference to the underlying funding agreement;
(3) a reference to this section; and
(4) the following statement:
"This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreement controlling the acquisition of the property. The interest in real property, or any portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the Legislative-Citizen Commission on Minnesota Resources or its successor. The ownership of the interest in real property transfers to the state if: (1) the holder of the interest in real property fails to comply with the terms and conditions of the grant agreement or work plan; or (2) restrictions are placed on the land that preclude its use for the intended purpose as specified in the appropriation."
Subd. 3. Capital
construction restrictions; modification procedure. (a) A recipient of an appropriation
from the trust fund who uses the appropriation to wholly or partially construct
a building, trail, campground, or other capital asset may not alter the
intended use of the capital asset or convey any interest in the capital asset
for 25 years from the date the project is completed without the prior review
and approval of the commission or its successor. The commission must notify the chairs and
ranking minority members of the legislative committees and divisions with
jurisdiction over the trust fund at least 15 business days before approval
under this paragraph. The commission
must establish procedures to review requests from recipients to alter the use
of or convey an interest in a capital asset under this paragraph. These procedures must require that:
(1) the sale price must be at
least fair market value; and
(2) the trust fund must be repaid a
portion of the sale price equal to the percentage of the total funding provided
by the fund for constructing the capital asset.
(b) The commission or its successor may
waive the requirements under paragraph (a), clauses (1) and (2), by
recommendation to the legislature if the transfer allows for a continued use of
the asset in a manner consistent with the original appropriation purpose or
with the purposes of the trust fund.
(c) If both a capital asset and the
real property on which the asset is located were wholly or partially purchased
with an appropriation from the trust fund and the commission approves a request
to alter the use of or convey an interest in the real property under
subdivision 2, a separate approval under this subdivision to alter the use of
the capital asset is not required.
(d) A recipient of an appropriation
from the trust fund who uses the appropriation to wholly or partially construct
a building, trail, campground, or other capital asset must separately record a
notice of funding restrictions in the appropriate local government office. The notice of funding restrictions must
contain:
(1) a legal description of the interest
in real property covered by the funding agreement;
(2) a reference to the underlying
funding agreement;
(3) a reference to this subdivision;
and
(4) the following statement:
"This interest in real property
must be administered in accordance with the terms, conditions, and purposes of
the grant agreement controlling the improvement of the property. The interest in real property, or any portion
of the interest in real property, must not be altered from its intended use or
be sold, transferred, pledged, or otherwise disposed of or further encumbered
without obtaining the prior written approval of the Legislative-Citizen
Commission on Minnesota Resources or its successor."
EFFECTIVE DATE. This section is effective July 1, 2025, and
applies to money appropriated on or after that date.
Sec. 9. Minnesota Statutes 2022, section 116P.16, is amended to read:
116P.16
REAL PROPERTY INTERESTS; REPORT.
(a) By December 1 each year, a recipient of an appropriation from the trust fund, that is used for the acquisition of an interest in real property, including, but not limited to, an easement or fee title, or for the construction of a building, trail, campground, or other capital asset with a total cost of $10,000 or more must submit annual reports on the status of the real property to the Legislative-Citizen Commission on Minnesota Resources or its successor in a form determined by the commission. The responsibility for reporting under this section may be transferred by the recipient of the appropriation to another person who holds the interest in the real property. To complete the transfer of reporting responsibility, the recipient of the appropriation must:
(1) inform the person to whom the responsibility is transferred of that person's reporting responsibility;
(2)
inform the person to whom the responsibility is transferred of the property
restrictions under section 116P.15; and
(3) provide written notice to the commission of the transfer of reporting responsibility, including contact information for the person to whom the responsibility is transferred.
(b) After the transfer, the person who holds the interest in the real property is responsible for reporting requirements under this section.
(c) The annual reporting requirements on
the status of a building, trail, campground, or other capital asset with a
total cost of $10,000 or more and that was constructed with an appropriation
from the trust fund expire 25 years after the date the final progress report
under section 116P.05, subdivision 2, paragraph (b), is approved.
EFFECTIVE DATE. This section is effective July 1, 2025, and
applies to money appropriated on or after that date.
Sec. 10. Minnesota Statutes 2022, section 116P.18, is amended to read:
116P.18
LANDS IN PUBLIC DOMAIN.
Money appropriated from the trust fund must not be used to purchase any land in fee title or a permanent conservation easement if the land in question is fully or partially owned by the state or a political subdivision of the state or was acquired fully or partially with state money, unless:
(1) the purchase creates additional direct benefit to the protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources; and
(2) the purchase is approved, prior to the
acquisition, by an affirmative vote of at least 12 11 members of
the commission.
EFFECTIVE
DATE. This section is
effective January 1, 2026.
Sec. 11. [116P.21]
ADDITIONAL CAPITAL CONSTRUCTION PROJECT REQUIREMENTS.
Subdivision 1. Full
funding. If an appropriation
from the trust fund for a capital construction project or project phase is not
alone sufficient to complete the project or project phase and a commitment from
sources other than the trust fund is required:
(1) the commitment must be in an amount
that, when added to the appropriation from the trust fund, is sufficient to
complete the project or project phase; and
(2) the agency administering the
appropriation from the trust fund must not distribute the money until the
commitment is determined to be sufficient.
In determining the sufficiency of a commitment under this clause, the
agency must apply the standards and principles applied by the commissioner of
management and budget under section 16A.502.
Subd. 2. Match. A recipient of money appropriated from
the trust fund for a capital construction project must provide a cash or
in-kind match from nontrust fund sources of at least 50 percent of the total
costs to complete the project or project phase.
Subd. 3. Sustainable
building guidelines. The
sustainable building guidelines established under sections 16B.325 and
216B.241, subdivision 9, apply to new buildings and major renovations funded
from the trust fund. A
recipient of money appropriated
from the trust fund for a new building or major renovation must ensure that the
project complies with the guidelines.
Subd. 4. Applicability. (a) Subdivisions 1, 2, and 3 do not
apply to:
(1) a capital construction project with
a total cost of less than $10,000; or
(2) a land acquisition project.
(b) If land is acquired with trust fund
money for the purpose of capital construction, the land acquisition is not
exempted under paragraph (a), clause (2).
Subd. 5. Other
capital construction statutes. The
following statutes also apply to recipients of appropriations from the trust
fund: sections 16B.32; 16B.326; 16B.335,
subdivisions 3 and 4; 16C.054; 16C.16; 16C.28; 16C.285; 138.40; 138.665;
138.666; 177.41 to 177.44; and 471.345.
EFFECTIVE DATE. This section is effective July 1, 2025, and
applies to money appropriated on or after that date.
Sec. 12. Laws 2022, chapter 94, section 2, subdivision 5, is amended to read:
Subd. 5. Environmental
Education |
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4,269,000 |
(a) Teacher Field School: Stewardship through Nature-Based Education |
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$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Hamline University to create an immersive, research-backed field school for teachers to use nature-based education to benefit student well‑being and academic outcomes while increasing stewardship habits.
(b) Increasing K-12 Student Learning to Develop Environmental Awareness, Appreciation, and Interest |
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$1,602,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with Osprey
Wilds Environmental Learning Center to partner with Minnesota's five other
accredited residential environmental learning centers to provide needs-based
scholarships to at least 25,000 K-12 students statewide for immersive
multiday environmental learning experiences.
(c) Expanding Access to Wildlife Learning Bird by Bird |
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$276,000 the second year is from the trust fund to the commissioner of natural resources to engage young people from diverse communities in wildlife conservation through bird‑watching in schools, outdoor leadership training, and participating in neighborhood bird walks.
(d) Engaging a Diverse Public in Environmental Stewardship |
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$300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to increase participation in natural resources restoration efforts through volunteer, internship, and youth engagement activities that target diverse audiences more accurately reflecting local demographic and socioeconomic conditions in Minnesota.
(e) Bugs Below Zero: Engaging Citizens in Winter Research |
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$198,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to raise awareness about the winter life of bugs, inspire learning about stream food webs, and engage citizen scientists in research and environmental stewardship.
(f) ESTEP: Earth Science
Teacher Education Project |
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$495,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Science Teachers Association to provide professional development for Minnesota science teachers in environmental and earth science to strengthen environmental education in schools.
(g) YES! Students Take Action
to Complete Eco Projects |
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$199,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Prairie Woods Environmental Learning Center, in partnership with Ney Nature Center and Laurentian Environmental Center, to empower Minnesota youth to connect with natural resource experts, identify ecological challenges, and take action to complete innovative projects in their communities.
(h) Increasing Diversity in Environmental Careers |
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$500,000 the second year is from the trust fund to the commissioner of natural resources, in cooperation with Conservation Corps Minnesota and Iowa, to encourage a diversity of students to pursue careers in the environment and natural resources through internships, mentorships, and fellowships with the Department of Natural Resources, the Board of Water and Soil Resources, and the Pollution Control Agency.
(i) Diversity and Access to Wildlife-Related Opportunities |
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$199,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to broaden the state's conservation constituency by researching diverse communities' values about nature and wildlife experiences and identifying barriers to engagement.
Sec. 13. Laws 2022, chapter 94, section 2, subdivision 8, is amended to read:
Subd. 8. Methods to Protect, Restore, and Enhance Land, Water, and Habitat |
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11,294,000 |
(a) Minnesota's Volunteer Rare Plant Conservation Corps |
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$859,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Minnesota Landscape Arboretum to partner with the Department of Natural Resources and the Minnesota Native Plant Society to establish and train a volunteer corps to survey, monitor, and bank seed from Minnesota's rare plant populations and enhance the effectiveness and efficiencies of conservation efforts.
(b) Conservation Corps Veterans Service Corps Program |
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$1,339,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Conservation Corps Minnesota to create a Veterans Service Corps program to accelerate natural resource restorations in Minnesota while providing workforce development opportunities for the state's veterans.
(c) Creating Seed Sources of Early-Blooming Plants for Pollinators |
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$200,000 the second year is from the trust fund to the commissioner of natural resources to establish new populations of early-season flowers by hand-harvesting and propagating species that are currently lacking in prairie restorations and that are essential to pollinator health. This appropriation is available until June 30, 2026, by which time the project must be completed and final products delivered.
(d) Hastings Lake Rebecca Park Area |
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$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Hastings to develop an ecological-based master plan for Lake Rebecca Park and to enhance habitat quality and construct passive recreational facilities consistent with the master plan. No funds for implementation may be spent until the master plan is complete.
(e) Pollinator Plantings and the Redistribution of Soil Toxins |
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$610,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to map urban and suburban soil toxins of concern, such as heavy metals and microplastics, and to test whether pollinator plantings can redistribute these toxins in the soil of yards, parks, and community gardens and reduce exposure to humans and wildlife.
(f) PFAS Fungal-Wood Chip Filtering System |
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$189,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to identify, develop, and field-test various types of waste wood chips and fungi to sequester and degrade PFAS leachate from contaminated waste sites. This appropriation is subject to Minnesota Statutes, section 116P.10.
(g) Phytoremediation for Extracting Deicing Salt |
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$451,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to protect lands and waters from contamination by collaborating with the Department of Transportation to develop methods for using native plants to remediate roadside deicing salt.
(h) Mustinka River Fish and Wildlife Habitat Corridor Rehabilitation |
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$2,692,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Bois de Sioux Watershed District to permanently rehabilitate a straightened reach of the Mustinka River to a naturally functioning stream channel and floodplain corridor for water, fish, and wildlife benefits.
(i) Bohemian Flats Savanna Restoration |
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$286,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Minneapolis Park and Recreation Board to restore an area of compacted urban turf within Bohemian Flats Park and adjacent to the Mississippi River to an oak savanna ecosystem.
(j) Watershed and Forest Restoration:
What a Match! |
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$3,318,000 the second year is from the trust
fund to the Board of Water and Soil Resources, in cooperation with soil and
water conservation districts, the Mille Lacs Band of Ojibwe, and the Department
of Natural Resources, to acquire interests in land and to accelerate
tree planting on privately owned, protected lands for water-quality protection and carbon
sequestration. Notwithstanding
subdivision 14, paragraph (e), this appropriation may be spent to reforest
lands protected through long-term contracts as provided in the approved work
plan.
(k) River Habitat Restoration and Recreation in Melrose |
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$350,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Melrose to conduct habitat restoration and create fishing, canoeing, and camping opportunities along a segment of the Sauk River within the city of Melrose and to provide public education about stream restoration, fish habitat, and the importance of natural areas.
Sec. 14. Laws 2022, chapter 94, section 2, subdivision 9, is amended to read:
Subd. 9. Habitat
and Recreation |
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26,179,000 |
(a) Mesabi Trail: Wahlsten
Road (CR 26) |
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$1,307,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the St. Louis
and Lake Counties Regional Railroad Authority to acquire easements, engineer,
and construct a segment of the Mesabi Trail beginning at the intersection of
Wahlsten Road (CR 26) and Benson Road in Embarrass and extending to
toward Tower.
(b) Environmental Learning Classroom with Trails |
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$82,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Mountain Iron-Buhl Public Schools to build an outdoor classroom pavilion, accessible trails, and a footbridge within the Mountain Iron-Buhl School Forest to conduct environmental education that cultivates a lasting conservation ethic.
(c) Local Parks, Trails, and Natural Areas Grant Programs |
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$3,560,000 the second year is from the trust fund to the commissioner of natural resources to solicit, rank, and fund competitive matching grants for local parks, trail connections, and natural and scenic areas under Minnesota Statutes, section 85.019. This appropriation is for local nature-based recreation, connections to regional and state natural areas, and recreation facilities and may not be used for athletic facilities such as sport fields, courts, and playgrounds.
(d) St. Louis River Re-Connect |
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$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Duluth to expand recreational access along the St. Louis River and estuary by implementing the St. Louis River National Water Trail outreach plan, designing and constructing upgrades and extensions to the
Waabizheshikana Trail, and installing interpretive features that describe the cultural and ecological significance of the area.
(e) Native Prairie Stewardship and Prairie Bank Easement Acquisition |
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$1,353,000 the second year is from the trust fund to the commissioner of natural resources to provide technical stewardship assistance to private landowners, restore and enhance native prairie protected by easements in the native prairie bank, and acquire easements for the native prairie bank in accordance with Minnesota Statutes, section 84.96, including preparing initial baseline property assessments. Up to $60,000 of this appropriation may be deposited in the natural resources conservation easement stewardship account created under Minnesota Statutes, section 84.69, proportional to the number of easements acquired.
(f) Minnesota State Parks and State Trails Maintenance and Development |
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$1,600,000 the second year is from the trust fund to the commissioner of natural resources for maintenance and development at state parks, recreation areas, and trails to protect Minnesota's natural heritage, enhance outdoor recreation, and improve the efficiency of public land management.
(g) Minnesota State Trails Development |
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$7,387,000 the second year is from the trust fund to the commissioner of natural resources to expand recreational opportunities on Minnesota state trails by rehabilitating and enhancing existing state trails and replacing or repairing existing state trail bridges.
(h) SNA Habitat Restoration and Public Engagement |
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$5,000,000 the second year is from the trust fund to the commissioner of natural resources for the scientific and natural areas (SNA) program to restore and enhance exceptional habitat on SNAs and increase public involvement and outreach.
(i) The Missing Link: Gull Lake Trail, Fairview Township |
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$1,394,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Fairview Township to complete the Gull Lake Trail by engineering and constructing the trail's final segment through Fairview Township in the Brainerd Lakes area.
(j) Silver Bay Multimodal
Trailhead Project |
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$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Silver Bay to develop a multimodal trailhead center to provide safe access to the Superior, Gitchi-Gami, and C.J. Ramstad/North Shore trails; Black Beach Park; and other recreational destinations.
(k) Brookston Campground, Boat Launch, and Outdoor Recreational Facility |
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$453,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Brookston to build a campground, boat launch, and outdoor recreation area on the banks of the St. Louis River in northeastern Minnesota. Before any trust fund dollars are spent, the city must demonstrate that all funds to complete the project are secured and a fiscal agent must be approved in the work plan.
(l) Silver Lake Trail Connection |
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$727,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Virginia to design, engineer, and construct a multiuse trail that will connect Silver Lake Trail to a new Miners Entertainment and Convention Center and provide lighting on Bailey Lake Trail.
(m) Floodwood Campground Improvement Project |
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$816,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Floodwood to upgrade the Floodwood Campground and connecting trails to provide high-quality nature and recreation experience for people of all ages.
(n) Ranier Safe Harbor/Transient Dock - Phase 2 |
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$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Ranier to construct a safe harbor and transient dock to accommodate watercraft of many sizes to improve public access for boat recreation on Rainy Lake. Before trust fund dollars are spent, a fiscal agent must be approved in the work plan. Before any trust fund dollars are spent, the city must demonstrate that all funds to complete the project are secured. Any revenue generated from selling products or assets developed or acquired with this appropriation must be repaid to the trust fund unless a plan is approved for reinvestment of income in the project as provided under Minnesota Statutes, section 116P.10.
Sec. 15. INITIAL
CITIZEN APPOINTMENTS AND FIRST MEETING.
(a) Initial citizen appointments to the
Legislative-Citizen Commission on Minnesota Resources as amended in this act
must be made by February 1, 2026. The
first meeting of the revised Legislative-Citizen Commission on Minnesota
Resources must be convened by the chair or a designee of the Legislative
Coordinating Commission by June 15, 2026.
The Legislative-Citizen Commission on Minnesota Resources must select
cochairs from its membership at its first meeting.
(b) Citizen members of the
Legislative-Citizen Commission on Minnesota Resources must initially be
appointed according to the following schedule of terms:
(1) two citizen members appointed by the
governor for a term ending the first Monday in January 2028;
(2) three citizen members appointed by
the governor, including the member from a federally recognized Tribe, for a
term ending the first Monday in January 2030;
(3)
one citizen member appointed by the senate majority leader for a term ending
the first Monday in January 2028;
(4)
one citizen member appointed by the senate majority leader for a term ending
the first Monday in January 2030;
(5) one citizen member appointed by the
speaker of the house for a term ending the first Monday in January 2028; and
(6)
one citizen member appointed by the speaker of the house for a term ending the
first Monday in January 2030.
(c) Notwithstanding the law in effect at
the time of their appointment, the terms of all incumbent citizen members
appointed before the effective date of this act are terminated effective
January 1, 2026. An incumbent citizen member whose appointment is terminated by
this paragraph may apply for reappointment as provided in this act.
EFFECTIVE
DATE. This section is
effective January 1, 2026.
Sec. 16. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation or transfer in this
article is enacted more than once during the 2023 regular session, the
appropriation or transfer must be given effect once.
Sec. 17. EFFECTIVE
DATE.
Unless otherwise provided, this article
is effective the day following final enactment.
ARTICLE 3
POLLUTION CONTROL
Section 1. Minnesota Statutes 2022, section 16A.151, subdivision 2, is amended to read:
Subd. 2. Exceptions. (a) If a state official litigates or settles a matter on behalf of specific injured persons or entities, this section does not prohibit distribution of money to the specific injured persons or entities on whose behalf the litigation or settlement efforts were initiated. If money recovered on behalf of injured persons or entities cannot reasonably be distributed to those persons or entities because they cannot readily be located or identified or because the cost of distributing the money would outweigh the benefit to the persons or entities, the money must be paid into the general fund.
(b) Money recovered on behalf of a fund in the state treasury other than the general fund may be deposited in that fund.
(c) This section does not prohibit a state official from distributing money to a person or entity other than the state in litigation or potential litigation in which the state is a defendant or potential defendant.
(d) State agencies may accept funds as directed by a federal court for any restitution or monetary penalty under United States Code, title 18, section 3663(a)(3), or United States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue account and are appropriated to the commissioner of the agency for the purpose as directed by the federal court.
(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph (t), may be deposited as provided in section 16A.98, subdivision 12.
(f) Any money received by the state resulting from a settlement agreement or an assurance of discontinuance entered into by the attorney general of the state, or a court order in litigation brought by the attorney general of the state, on behalf of the state or a state agency, related to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids in this state or other alleged illegal actions that contributed to the excessive use of opioids, must be deposited in the settlement account established in the opiate epidemic response fund under section 256.043, subdivision 1. This paragraph does not apply to attorney fees and costs awarded to the state or the Attorney General's Office, to contract attorneys hired by the state or Attorney General's Office, or to other state agency attorneys.
(g) Notwithstanding paragraph (f), if money is received from a settlement agreement or an assurance of discontinuance entered into by the attorney general of the state or a court order in litigation brought by the attorney general of the state on behalf of the state or a state agency against a consulting firm working for an opioid manufacturer or opioid wholesale drug distributor, the commissioner shall deposit any money received into the settlement account established within the opiate epidemic response fund under section 256.042, subdivision 1. Notwithstanding section 256.043, subdivision 3a, paragraph (a), any amount deposited into the settlement account in accordance with this paragraph shall be appropriated to the commissioner of human services to award as grants as specified by the opiate epidemic response advisory council in accordance with section 256.043, subdivision 3a, paragraph (d).
(h) If the Minnesota Pollution Control
Agency, through litigation or settlement of a matter that could have resulted
in litigation, recovers $250,000 or more in a civil penalty from violations of
a permit issued by the agency, then 40 percent of the money recovered must be
distributed to the community health board, as defined in section 145A.02, where
the permitted facility is located. Within
30 days of a final court order in the litigation or the effective date of the
settlement agreement, the commissioner of the Minnesota Pollution Control
Agency must notify the applicable community health board that the litigation
has concluded or a settlement has been reached.
The commissioner must collect the money and transfer it to the
applicable community health board. The
community health board must meet directly with the residents potentially
affected by the pollution that was the subject of the litigation or settlement
to identify the residents' concerns and incorporate those concerns into a
project that benefits the residents. The
project must be implemented by the community health board and funded as
directed in this paragraph. The
community health board may recover the reasonable costs it incurs to administer
this paragraph from the funds transferred to the board under this paragraph. This paragraph directs the transfer and use
of money only and does not create a right of intervention in the litigation or
settlement of the enforcement action for any person or entity. A supplemental environmental project funded
as part of a settlement agreement is not part of a civil penalty and must not
be included in calculating the amount of funds required to be distributed to a
community health board under this paragraph.
For the purposes of this paragraph, "supplemental environmental
project" means a project that benefits the environment or public health
that a regulated facility agrees to undertake, though not legally required to
do so, as part of a settlement with respect to an enforcement action taken by
the Minnesota Pollution Control Agency to resolve noncompliance.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to all litigation
actions or settlements from which the Minnesota Pollution Control Agency
recovers $250,000 or more on or after that date.
Sec. 2. Minnesota Statutes 2022, section 115.01, is amended by adding a subdivision to read:
Subd. 8a. Microplastics. "Microplastics" means
particles of plastic less than 500 micrometers in size.
Sec. 3. Minnesota Statutes 2022, section 115.01, is amended by adding a subdivision to read:
Subd. 8b. Nanoplastics. "Nanoplastics" means plastic
particles less than or equal to 100 nanometers in size.
Sec. 4. Minnesota Statutes 2022, section 115.01, is amended by adding a subdivision to read:
Subd. 10a. Plastic. "Plastic" means a synthetic
material made from linking monomers through a chemical reaction to create a
polymer chain that can be molded or extruded at high heat into various solid
forms that retain their defined shapes during their life cycle and after
disposal. Plastic does not mean natural
polymers that have not been chemically modified.
Sec. 5. Minnesota Statutes 2022, section 115.03, subdivision 1, is amended to read:
Subdivision 1. Generally. (a) The agency commissioner
is hereby given and charged with the following powers and duties:
(a) (1) to administer and
enforce all laws relating to the pollution of any of the waters of the state;
(b) (2) to investigate the
extent, character, and effect of the pollution of the waters of this state and
to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of
the state as it may deem advisable;
(c) (3) to establish and
alter such reasonable pollution standards for any waters of the state in
relation to the public use to which they are or may be put as it shall deem
necessary for the purposes of this chapter and, with respect to the pollution
of waters of the state, chapter 116;
(d) (4) to encourage waste
treatment, including advanced waste treatment, instead of stream low-flow
augmentation for dilution purposes to control and prevent pollution;
(e) (5) to adopt, issue,
reissue, modify, deny, or revoke, enter into or enforce reasonable orders,
permits, variances, standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order to prevent,
control or abate water pollution, or for the installation or operation of
disposal systems or parts thereof, or for other equipment and facilities:
(1) (i) requiring the
discontinuance of the discharge of sewage, industrial waste or other wastes
into any waters of the state resulting in pollution in excess of the applicable
pollution standard established under this chapter;
(2) (ii) prohibiting or
directing the abatement of any discharge of sewage, industrial waste, or other
wastes, into any waters of the state or the deposit thereof or the discharge
into any municipal disposal system where the same is likely to get into any
waters of the state in violation of this chapter and, with respect to the
pollution of waters of the state, chapter 116, or standards or rules
promulgated or permits issued pursuant thereto, and specifying the schedule of
compliance within which such prohibition or abatement must be accomplished;
(3) (iii) prohibiting the
storage of any liquid or solid substance or other pollutant in a manner which
does not reasonably assure proper retention against entry into any waters of
the state that would be likely to pollute any waters of the state;
(4) (iv) requiring the
construction, installation, maintenance, and operation by any person of any
disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or
any part thereof, or the adoption of other remedial measures to prevent,
control or abate any discharge or deposit of sewage, industrial waste or other
wastes by any person;
(5) (v) establishing, and
from time to time revising, standards of performance for new sources taking
into consideration, among other things, classes, types, sizes, and categories
of sources, processes, pollution control technology, cost of achieving such
effluent reduction, and any nonwater quality environmental impact and energy
requirements. Said standards of
performance for new sources shall encompass those standards for the control of
the discharge of pollutants which reflect the greatest degree of effluent reduction
which the agency determines to be achievable through application of the best
available demonstrated control technology, processes, operating methods, or
other alternatives, including, where practicable, a standard permitting no
discharge of pollutants. New sources
shall encompass buildings, structures, facilities, or installations from which
there is or may be the discharge of pollutants, the construction of which is
commenced after the publication by the agency of proposed rules prescribing a
standard of performance which will be applicable to such source. Notwithstanding any other provision of the
law of this state, any point source the construction of which is commenced
after May 20, 1973, and which is so constructed as to meet all applicable
standards of performance for new sources shall, consistent with and subject to
the provisions of section 306(d) of the Amendments of 1972 to the Federal Water
Pollution Control Act, not be subject to any more stringent standard of
performance for new sources during a ten-year period beginning on the date of
completion of such construction or during the period of depreciation or
amortization of such facility for the purposes of section 167 or 169, or both,
of the Federal Internal Revenue Code of 1954, whichever period ends first. Construction shall encompass any placement,
assembly, or installation of facilities or equipment, including contractual
obligations to purchase such facilities or equipment, at the premises where
such equipment will be used, including preparation work at such premises;
(6) (vi) establishing and
revising pretreatment standards to prevent or abate the discharge of any
pollutant into any publicly owned disposal system, which pollutant interferes
with, passes through, or otherwise is incompatible with such disposal system;
(7) (vii) requiring the
owner or operator of any disposal system or any point source to establish and
maintain such records, make such reports, install, use, and maintain such
monitoring equipment or methods, including where appropriate biological
monitoring methods, sample such effluents in accordance with such methods, at
such locations, at such intervals, and in such a manner as the agency shall
prescribe, and providing such other information as the agency may reasonably
require;
(8) (viii) notwithstanding
any other provision of this chapter, and with respect to the pollution of
waters of the state, chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in order to meet any
applicable water quality standard by establishing new effluent limitations,
based upon section 115.01, subdivision 13, clause (b), including alternative
effluent control strategies for any point source or group of point sources to
insure the integrity of water quality classifications, whenever the agency
determines that discharges of pollutants from such point source or sources,
with the application of effluent limitations required to comply with any
standard of best available technology, would interfere with the attainment or
maintenance of the water quality classification in a specific portion of the
waters of the state. Prior to
establishment of any such effluent limitation, the agency shall hold a public
hearing to determine the relationship of the economic and social costs of
achieving such limitation or limitations, including any economic or social
dislocation in the affected community or communities, to the social and
economic benefits to be obtained and to determine whether or not such effluent limitation
can be implemented with available technology or other alternative control
strategies. If a person affected by such
limitation demonstrates at such hearing that, whether or not such technology or
other alternative control strategies are available, there is no reasonable
relationship between the economic and social costs and the benefits to be
obtained, such limitation shall not become effective and shall be adjusted as
it applies to such person;
(9) (ix) modifying, in its
discretion, any requirement or limitation based upon best available technology
with respect to any point source for which a permit application is filed after
July 1, 1977, upon a showing by the owner or operator of such point source satisfactory
to the agency that such modified requirements will represent the maximum use of
technology within the economic capability of the owner or operator and will
result in reasonable further progress toward the elimination of the discharge
of pollutants; and
(10) (x) requiring that
applicants for wastewater discharge permits evaluate in their applications the
potential reuses of the discharged wastewater;
(f) (6) to require to be
submitted and to approve plans and specifications for disposal systems or point
sources, or any part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;
(g) (7) to prescribe and
alter rules, not inconsistent with law, for the conduct of the agency and other
matters within the scope of the powers granted to and imposed upon it by this
chapter and, with respect to pollution of waters of the state, in chapter 116, provided
that every rule affecting any other department or agency of the state or any
person other than a member or employee of the agency shall be filed with the
secretary of state;