Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9013

 

 

STATE OF MINNESOTA

 

 

NINETY-THIRD SESSION - 2023

 

_____________________

 

SEVENTY-THIRD DAY

 

Saint Paul, Minnesota, Thursday, May 18, 2023

 

 

      The House of Representatives convened at 11:00 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.

 

      The members of the House paused for a brief meditation or moment of reflection.

 

      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.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Daudt

Davids

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Neu Brindley

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Quam

Rehm

Reyer

Richardson

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Anderson, P. H.; Kiel; McDonald and Newton were excused.

 

      Pursell was excused until 1:15 p.m.  Vang was excused until 1:55 p.m.  Nelson, N., was excused until 2:30 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9014

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Niska, Demuth, Scott, Torkelson, Engen, Baker, Schultz, Nash, Robbins, Hudson, Neu Brindley, O'Driscoll, Davis, Knudsen, Bennett, Bakeberg, Backer, Fogelman, Joy, Harder, Murphy, Altendorf, Grossell, Dotseth, Wiens, Skraba, McDonald, Koznick, Perryman, Mekeland, Burkel, Daniels, Wiener, West and Zeleznikar introduced:

 

H. F. No. 3328, A bill for an act relating to state government; creating an exclusion to protected classes; proposing coding for new law in Minnesota Statutes, chapter 645.

 

The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law.

 

 

Howard; Agbaje; Reyer; Hassan; Finke; Her; Kozlowski; Hussein; Keeler; Jordan; Cha; Greenman; Lee, F.; Sencer-Mura; Bierman; Hollins; Frazier; Brand; Bahner; Pérez-Vega; Freiberg and Coulter introduced:

 

H. F. No. 3329, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article XI; increasing the sales tax rate by three-eighths of one percent and dedicating the receipts for housing purposes; creating a homeownership opportunity fund, a rental opportunity fund, and a household and community stability fund; creating fund councils; providing appointments; requiring reports; proposing coding for new law in Minnesota Statutes, chapters 256K; 462A.

 

The bill was read for the first time and referred to the Committee on Housing Finance and Policy.

 

 

Hemmingsen-Jaeger, Reyer, Bierman and Quam introduced:

 

H. F. No. 3330, A bill for an act relating to insurance; requiring a health carrier to provide coverage for rapid whole genome sequencing; proposing coding for new law in Minnesota Statutes, chapter 62A.

 

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: 

 

H. F. No. 1370, A bill for an act relating to public safety; establishing a cause of action for nonconsensual dissemination of deep fake sexual images; establishing the crime of using deep fake technology to influence an election; establishing a crime for nonconsensual dissemination of deep fake sexual images; proposing coding for new law in Minnesota Statutes, chapters 604; 609; 617.


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9015

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said House File is herewith returned to the House.

 

Thomas S. Bottern, Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 3288, A bill for an act relating to claims against the state; providing for the settlement of certain claims; appropriating money.

 

Thomas S. Bottern, Secretary of the Senate

 

 

Madam Speaker:

 

      I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:

 

      S. F. No. 37.

 

Thomas S. Bottern, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 37, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article I, by adding a section; providing for equality under the law.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration. 

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. No. 2310

 

A bill for an act relating to state government; appropriating money for environment, natural resources, climate, and energy; modifying prior appropriations; providing for and modifying disposition of certain receipts; modifying and establishing duties, authorities, and prohibitions regarding environment and natural resources; modifying and creating environment and natural resources programs; modifying and creating grant programs; reestablishing Legislative Water Commission; modifying Legislative-Citizen Commission on Minnesota Resources; modifying permit and environmental review requirements; modifying requirements for recreational vehicles; modifying state trail and state park provisions; establishing Lowland Conifer Carbon Reserve; modifying forestry provisions; modifying game and fish provisions; modifying regulation of farmed Cervidae; regulating certain seeds and pesticides; modifying Water Law; providing appointments; modifying and providing for fees; establishing a biennial budget for Department of Commerce, Public Utilities Commission, and energy, climate, and clean energy activities; establishing and modifying provisions governing energy, clean and renewable energy, energy storage, energy use and conservation, and utility regulation; providing for enhanced transportation electrification; adding and modifying provisions governing Public Utilities Commission proceedings; establishing various clean and renewable energy grant programs; making technical changes; requiring reports; requiring rulemaking; amending Minnesota Statutes


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9016

2022, sections 13.643, subdivision 6; 16A.151, subdivision 2; 16A.152, subdivision 2; 16B.325; 16B.58, by adding a subdivision; 16C.135, subdivision 3; 16C.137, subdivision 1; 17.118, subdivision 2; 18B.01, subdivision 31; 18B.09, subdivision 2, by adding a subdivision; 21.82, subdivision 3; 21.86, subdivision 2; 35.155, subdivisions 1, 4, 10, 11, 12, by adding subdivisions; 35.156, subdivision 2, by adding subdivisions; 84.02, by adding a subdivision; 84.0274, subdivision 6; 84.0276; 84.415, subdivisions 3, 6, 7, by adding a subdivision; 84.788, subdivision 5; 84.82, subdivision 2, by adding a subdivision; 84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision 1; 84.90, subdivision 7; 84.992, subdivisions 2, 5; 84D.02, subdivision 3; 84D.10, subdivision 3; 84D.15, subdivision 2; 85.015, subdivision 10; 85.052, subdivision 6; 85.055, subdivision 1; 85A.01, subdivision 1; 86B.005, by adding a subdivision; 86B.313, subdivision 4; 86B.415, subdivisions 1, 1a, 2, 3, 4, 5, 7; 89A.03, subdivision 5; 90.181, subdivision 2; 97A.015, subdivision 51, by adding a subdivision; 97A.031; 97A.126; 97A.137, subdivision 3; 97A.315, subdivision 1; 97A.401, subdivision 1, by adding a subdivision; 97A.405, subdivision 5; 97A.421, subdivision 3; 97A.473, subdivisions 2, 2a, 2b, 5, 5a; 97A.474, subdivision 2; 97A.475, subdivisions 6, 7, 8, 10, 10a, 11, 12, 13, 41; 97B.031, subdivision 1; 97B.071; 97B.301, subdivision 6; 97B.516; 97B.645, subdivision 9; 97B.668; 97C.087, subdivision 2; 97C.315, subdivision 1; 97C.345, subdivision 1; 97C.355, by adding a subdivision; 97C.371, subdivisions 1, 2, 4; 97C.395, subdivision 1; 97C.601, subdivision 1; 97C.605, subdivisions 1, 2c, 3; 97C.611; 97C.836; 103B.101, subdivisions 2, 9, 16, by adding a subdivision; 103B.103; 103C.501, subdivisions 1, 4, 5, 6, by adding a subdivision; 103D.605, subdivision 5; 103F.505; 103F.511, by adding subdivisions; 103G.005, by adding subdivisions; 103G.2242, subdivision 1; 103G.271, subdivision 6; 103G.287, subdivisions 2, 3; 103G.299, subdivisions 1, 2, 5, 10; 103G.301, subdivisions 2, 6, 7; 115.01, by adding subdivisions; 115.03, subdivision 1, by adding a subdivision; 115.061; 115A.03, by adding a subdivision; 115A.1415; 115A.565, subdivisions 1, 3; 115B.17, subdivision 14; 115B.171, subdivision 3; 115B.52, subdivision 4; 116.06, subdivision 1, by adding subdivisions; 116.07, subdivision 6, by adding subdivisions; 116C.03, subdivision 2a; 116C.779, subdivision 1; 116C.7792; 116P.05, subdivisions 1, 1a, 2; 116P.09, subdivision 6; 116P.11; 116P.15; 116P.16; 116P.18; 168.1295, subdivision 1; 168.27, by adding a subdivision; 171.07, by adding a subdivision; 216B.096, subdivision 11; 216B.1611, by adding a subdivision; 216B.164, by adding a subdivision; 216B.1641; 216B.1645, subdivision 4; 216B.17, subdivision 1; 216B.2402, subdivision 16; 216B.2422, subdivision 7; 216B.2425, subdivision 3; 216B.243, subdivision 8, as amended; 216B.50, subdivision 1; 216B.62, subdivision 3b; 216C.05, subdivision 2; 216C.08; 216C.09; 216C.264, subdivision 5, by adding subdivisions; 216C.375; 216E.01, subdivision 6, by adding a subdivision; 216E.03, subdivisions 1, 3, 5, as amended, 6, 7, as amended; 216E.04, subdivision 2, as amended; 216E.05, subdivision 2; 216E.06; 216E.07; 216E.10; 216H.02, subdivision 1; 237.55; 297A.94; 325E.046; 325F.072, subdivisions 1, 3, by adding a subdivision; 326B.106, subdivision 1; 373.475; 515B.2-103; 515B.3-102; Laws 2005, chapter 97, article 10, section 3, as amended; Laws 2022, chapter 94, section 2, subdivisions 5, 8, 9; proposing coding for new law in Minnesota Statutes, chapters 3; 16B; 18B; 21; 84; 86B; 88; 97A; 97B; 97C; 103B; 103E; 103F; 103G; 115A; 116; 116C; 116P; 123B; 216B; 216C; 325E; 473; 500; repealing Minnesota Statutes 2022, sections 16B.24, subdivision 13; 84.033, subdivision 3; 84.944, subdivision 3; 86B.101; 86B.305; 86B.313, subdivisions 2, 3; 97A.145, subdivision 2; 97C.605, subdivisions 2, 2a, 2b, 5; 103C.501, subdivisions 2, 3; 115.44, subdivision 9; 116.011; 216B.16, subdivision 10; 216C.376; 325E.389; 325E.3891; Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4; 6115.1220, subpart 8; 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, 8; 8400.0500; 8400.0550; 8400.0600, subparts 4, 5; 8400.0900, subparts 1, 2, 4, 5; 8400.1650; 8400.1700; 8400.1750; 8400.1800; 8400.1900.

 

May 17, 2023

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Bobby Joe Champion

President of the Senate

 

We, the undersigned conferees for H. F. No. 2310 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendments and that H. F. No. 2310 be further amended as follows:


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9017

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

 

$305,345,000

 

$229,638,000

 

Appropriations by Fund

 

 

2024

 

2025

General

179,534,000

100,098,000

State Government

 Special Revenue

85,000

90,000

Environmental

106,055,000

109,203,000

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

 

79,311,000

 

72,785,000

 

Appropriations by Fund

 

 

2024

 

2025

General

60,103,000

53,047,000

Environmental

18,959,000

19,533,000

Remediation

249,000

205,000


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9018

(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.


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9019

(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) $50,266,000 the first year and $50,270,000 the second year are to establish and implement a local government climate resiliency and water infrastructure grant program for local governmental units and Tribal governments.  Of this amount, $49,100,000 each year is for grants to support communities in planning and implementing projects that will allow for adaptation for a changing climate.  At least 40 percent of the money granted under this paragraph must be for projects in areas that meet environmental justice criteria.  By December 30, 2027, the commissioner must submit a report on the use of grant money to the chairs and ranking minority members of the legislative committees with jurisdiction over environment and natural resources finance.  This appropriation is available until June 30, 2027.  The base for this appropriation in fiscal year 2026 and beyond is $270,000.

 

(l) $75,000 the first year is for a grant to the city of Fergus Falls to address water-quality concerns at Lake Alice.

 

(m) $150,000 the first year is for a grant to Rice County to address water-quality concerns at French Lake.

 

(n) $75,000 the first year is for a grant to Ramsey County to address water-quality concerns at Round Lake.

 

(o) Recipients of money appropriated in paragraphs (l), (m), and (n) may use the grants to contract for water-quality improvement services, testing, necessary infrastructure, training, and maintenance.

 

(p) $2,070,000 the first year and $2,070,000 the second year are from the environmental fund to develop and implement a program related to emerging issues, including Minnesota's PFAS Blueprint.


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9020

(q) $1,820,000 the first year and $1,820,000 the second year are 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.

 

(r) $500,000 the first year is from the general fund for the report on firefighter turnout gear and biomonitoring required under this act.  Of this amount, up to $250,000 may be transferred to the commissioner of health for biomonitoring of firefighters. 

 

(s) $500,000 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.

 

(t) $50,000 the first year is from the remediation fund for the work group on PFAS manufacturer fees and report required under this act.

 

(u) $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.

 

(v) $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.

 

(w) $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, 2027.

 

(x) $2,333,000 the first year and $2,333,000 the second year are to adopt rules and implement air toxics emissions requirements under Minnesota Statutes, section 116.062.  The general fund appropriations are onetime and are available until June 30, 2027.  The base for this appropriation is $0 in fiscal year 2026 and $1,400,000 from the environmental fund in fiscal year 2027 and beyond.


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9021

           Subd. 3.  Industrial

 

45,214,000

 

26,929,000

 

Appropriations by Fund

 

 

2024

 

2025

General

26,415,000

7,475,000

Environmental

17,078,000

17,681,000

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) $19,100,000 the first year and $300,000 the second year are to support research on innovative technologies to treat difficult‑to‑manage pollutants and for implementation grants based on this research at taconite facilities.  Of this amount, $2,100,000 is for the Board of Regents of the University of Minnesota for academic and applied research through the MnDRIVE program at the Natural Resources Research Institute for research to foster economic development of the state's natural resources in an environmentally sound manner and $16,700,000 is for grants.  This appropriation is onetime and is available until June 30, 2027.


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(g) $280,000 the first year and $140,000 the second year are from the general fund for the purposes of the public informational meeting requirements under Minnesota Statutes, section 116.07, subdivision 4m.  The general fund appropriations are onetime and are available until June 30, 2027.  The base for this appropriation in fiscal year 2026 is $0 and the base for fiscal year 2027 is $140,000 from the environmental fund.

 

(h) $250,000 the first year and $250,000 the second year are for rulemaking and implementation of the odor management requirements under Minnesota Statutes, section 116.064.

 

(i) 2,457,000 the first year and $2,457,000 the second year are from the general fund for implementation of the environmental justice, cumulative impact analysis and other requirements under Minnesota Statutes, section 116.065.  The general fund appropriations are onetime and are available until June 30, 2028.  The base for this appropriation in fiscal year 2026 is $0 and the base for fiscal year 2027 is $2,500,000 from the environmental fund.

 

(j) $1,088,000 the first year and $1,088,000 the second year are to support water permitting and compliance programs.  This appropriation is available until June 30, 2027.  This is a onetime appropriation. 

 

(k) The total general fund base budget for the industrial division for fiscal year 2026 and later is $250,000.

 

      Subd. 4.  Municipal

 

11,269,000

 

11,917,000

 

Appropriations by Fund

 

 

2024

 

2025

General

1,305,000

1,311,000

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;


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9023

(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) $1,088,000 the first year and $1,088,000 the second year are to support water permitting and compliance programs.  This appropriation is available until June 30, 2027.  This is a onetime appropriation. 

 

(f) 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.

 

(g) The total general fund base budget for the municipal division for fiscal year 2026 and later is $223,000.


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9024

           Subd. 5.  Operations

 

31,658,000

 

30,363,000

 

Appropriations by Fund

 

 

2024

 

2025

General

20,750,000

19,359,000

Environmental

8,291,000

8,513,000

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) $15,750,000 the first year and $14,250,000 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) $360,000 the first year and $360,000 the second are from the environmental fund to support financial planning and analysis to assist with risk and compliance management across agency programs and financial systems.


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           Subd. 6.  Remediation

 

42,458,000

 

16,162,000

 

Appropriations by Fund

 

 

2024

 

2025

General

27,140,000

140,000

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.

 

(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 and for the agency to conduct source investigations of PFAS contamination and to sample, address, and treat private drinking water wells.  This appropriation is available until June 30, 2027, and is a onetime appropriation.


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(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.

 

(g) $2,000,000 the first year is for a grant to St. Louis County to plan, design, and construct one or more facilities, structures, or other solutions to protect Lake Superior and other waters in the Great Lakes watershed from PFAS contamination from landfills.

 

(h) $140,000 the first year and $140,000 the second year are for the Pig's Eye Landfill Task Force.  This is a onetime appropriation.

 

      Subd. 7.  Resource Management and Assistance

 

82,000,000

 

57,974,000

 

Appropriations by Fund

 

 

2024

 

2025

General

38,464,000

13,850,000

Environmental

43,536,000

44,124,000

 

(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) $18,450,000 the first year and $18,450,000 the second year are from the environmental fund for SCORE block grants to counties.

 

(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.  This appropriation is available until June 30, 2027. 


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(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 $324,000 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.  This appropriation is available until June 30, 2026.

 

(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.  This appropriation is available until June 30, 2026.

 

(m) $420,000 the first year is to complete a study on the viability of recycling solar energy equipment.  This is a onetime appropriation and is available until June 30, 2026. 

 

(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.


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(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.  Of this amount in the first year, $7,950,000 is for waste prevention and reduction grants and loans and $3,000,000 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.  Of this amount in the second year, $10,950,000 is for waste prevention and reduction grants and loans.  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 for the wood dehydrator under this paragraph.

 

(q) $16,562,000 the first year is for grants to a Minnesota nonprofit corporation that owns a cogeneration facility that serves a St. Paul district heating and cooling system to preserve existing biomass energy infrastructure for purposes of local and regional emerald ash borer response efforts.  The commissioner of the Pollution Control Agency may require the nonprofit corporation to charge a fee per ton of wood waste delivered to the facility.  This is a onetime appropriation and is available until June 30, 2030.

 

(r) $1,163,000 the first year and $1,115,000 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.

 

(s) $680,000 the first year is for the resource management report required in this act.  This is a onetime appropriation and is available until June 30, 2026.

 

(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 from the environmental fund.

 

(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, 2027.


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(w) $17,000 the first year is for rulemaking for the capital assistance program.  This is a onetime appropriation.

 

(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

 

11,360,000

 

11,869,000

 

Appropriations by Fund

 

 

2024

 

2025

General

3,503,000

3,503,000

Environmental

7,484,000

7,982,000

Remediation

373,000

384,000

 

(a) $2,959,000 the first year and $2,959,000 the second year are for grants to delegated counties to administer the county feedlot program under Minnesota Statutes, section 116.0711, subdivisions 2 and 3.  Money remaining after the first year is available for the second year.

 

(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) $544,000 the first year and $544,000 the second year are to support water permitting and compliance programs.  This appropriation is available until June 30, 2027.  This is a onetime appropriation. 


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           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 $24,000,000 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 $27,397,000 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.

 

(c) Beginning in fiscal year 2024, the commissioner of management and budget must transfer $100,000 each year 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.

 

      Sec. 3.  NATURAL RESOURCES

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$535,868,000

 

$403,116,000

 

Appropriations by Fund

 

 

2024

 

2025

General

281,054,000

150,078,000

Natural Resources

123,986,000

123,706,000

Game and Fish

129,920,000

128,513,000

Remediation

117,000

117,000

Permanent School

791,000

702,000


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The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Land and Mineral Resources Management

 

9,937,000

 

9,670,000

 

Appropriations by Fund

 

 

2024

 

2025

General

4,937,000

4,670,000

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) $1,294,000 the first year and $484,000 the second year are for modernizing utility licensing for state lands and public waters.  These appropriations are available through fiscal year 2028.  This is a onetime appropriation.

 

(f) The total general fund base budget for the land and mineral resources management division for fiscal year 2026 and later is $3,586,000.


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           Subd. 3.  Ecological and Water Resources

 

48,738,000

 

45,797,000

 

Appropriations by Fund

 

 

2024

 

2025

General

27,083,000

26,142,000

Natural Resources

13,831,000

13,831,000

Game and Fish

7,824,000

5,824,000

 

(a) $4,222,000 the first year and $4,222,000 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) $2,598,000 the first year and $2,598,000 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).


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(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) $6,000,000 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) $2,410,000 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) $268,000 the first year and $268,000 the second year are for increased capacity for broadband utility licensing for state lands and public waters.  This is a onetime appropriation and is available until June 30, 2028.


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(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) $250,000 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) $1,720,000 the first year is to prevent and manage invasive carp.  This includes activities related to the Mississippi River Lock and Dam and stakeholder engagement.  Up to $325,000 may be used for a grant to the Board of Regents of the University of Minnesota to study the Mississippi River Lock Dam 5 spillway and provide preliminary design to optimize management to reduce invasive carp passage.

 

(o) Up to $6,000,000 the first year is available for transfer from the critical habitat private sector matching account to the reinvest in Minnesota fund to expand Grey Cloud Island Scientific and Natural Area and for other scientific and natural area acquisition, restoration, and enhancement according to Minnesota Statutes, section 84.943, subdivision 5b.

 

(p) $40,000 the first year is for a grant to the Stearns Coalition of Lake Associations to manage aquatic invasive species.  The unencumbered balance of the general fund appropriation in Laws 2021, First Special Session chapter 6, article 1, section 3, subdivision 3, paragraph (a), for the grant to the Stearns Coalition of Lake Associations, estimated to be $40,000, is canceled no later than June 29, 2023.

 

(q) $200,000 the first year is for a grant to the Board of Regents of the University of Minnesota for the University of Minnesota Water Council to develop a scope of work, timeline, and budget for a plan to promote and protect clean water in Minnesota for the next 50 years according to this act.

 

(r) The total general fund base budget for the ecological and water resources division for fiscal year 2026 and later is $24,870,000.


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           Subd. 4.  Forest Management

 

69,423,000

 

71,765,000

 

Appropriations by Fund

 

 

2024

 

2025

General

51,645,000

53,987,000

Natural Resources

16,161,000

16,161,000

Game and Fish

1,617,000

1,617,000

 

(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) $1,617,000 the first year and $1,617,000 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.


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(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) $400,000 the first year and $400,000 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) $7,998,000 the first year and $7,998,000 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) $1,500,000 the first year and $1,500,000 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.

 

      Subd. 5.  Parks and Trails Management

 

118,305,000

 

111,680,000

 

Appropriations by Fund

 

 

2024

 

2025

General

42,952,000

36,707,000

Natural Resources

73,053,000

72,673,000

Game and Fish

2,300,000

2,300,000

 

(a) $8,485,000 the first year and $8,735,000 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) $21,828,000 the first year and $22,078,000 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


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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 state capital investment appropriation.

 

(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


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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 state capital investment appropriation.

 

(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) $400,000 the first year and $600,000 the second year are from the natural resources fund for parks and trails of regional significance outside of the seven-county metropolitan area under Minnesota Statutes, section 85.535, based on the recommendations from the Greater Minnesota Regional Parks and Trails Commission.  This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (i).

 

(m) $400,000 the first year and $600,000 the second year are from the natural resources fund for projects and activities that connect diverse and underserved Minnesotans through expanding cultural environmental experiences, exploration of their environment, and outdoor recreational activities.  This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (j).

 

(n) $250,000 the first year and $250,000 the second year are from the all-terrain vehicle account in the natural resources fund to the commissioner of natural resources for a grant to Aitkin County, in cooperation with the Northwoods Regional ATV Trail Alliance, to maintain and repair the Northwoods Regional ATV trail system.  This is a onetime appropriation and is available until June 30, 2026.

 

(o) $458,000 the first year is for a grant to Dakota County for improvements to the Swing Bridge Trailhead and historic Rock Island Swing Bridge along the Mississippi River Greenway, including LED lighting.

 

(p) $1,200,000 the first year is for a grant to Dakota County for adding a public boat launch along the Mississippi River between South St. Paul and Hastings.

 

(q) $400,000 the first year is for a grant to the city of Silver Bay for construction of the Silver Bay Trailhead.

 

(r) $500,000 the first year is for a grant to the city of Chisolm for trail development, maintenance, and related amenities at Redhead Mountain Bike Park.


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(s) $1,900,000 the first year is for a grant to the town of Crane Lake for construction, improvements, and maintenance at one or more of the following locations:  the Crane Lake Voyageurs National Park Visitor Center and Campground and the state‑operated boat ramp at Crane Lake.  This is a onetime appropriation and is available until June 30, 2026.

 

(t) The total general fund base budget for the parks and trails division for fiscal year 2026 and later is $35,707,000.

 

      Subd. 6.  Fish and Wildlife Management

 

111,125,000

 

96,963,000

 

Appropriations by Fund

 

 

2024

 

2025

General

23,643,000

9,888,000

Natural Resources

2,082,000

2,082,000

Game and Fish

85,400,000

84,993,000

 

(a) $11,158,000 the first year and $11,158,000 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) $5,150,000 the first year and $3,250,000 the second year are for inspections, investigations, and enforcement activities taken for the white-tailed deer farm program and for statewide response and management of chronic wasting disease.  This appropriation is available until June 30, 2029.

 

(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) $268,000 the first year and $268,000 the second year are for increased capacity for broadband utility licensing for state lands and public waters.  This is a onetime appropriation and is available until June 30, 2028.


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(f) $10,000,000 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) $2,300,000 the first year is for a grant 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.  Of this amount, $300,000 is for the department for the purposes of this paragraph.  This is a onetime appropriation and is available until June 30, 2026.

 

(i) $767,000 the first year is from the heritage enhancement account in the game and fish fund to examine the effects 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.

 

(j) $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.

 

(k) $82,000 the first year is for the native fish reports required under this act.  This is a onetime appropriation.

 

(l) $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.


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(m) Up to $5,750,000 the first year and up to $2,225,000 the second year are available for transfer from the critical habitat private sector matching account to the reinvest in Minnesota fund for wildlife management areas acquisition, restoration, and enhancement according to Minnesota Statutes, section 84.943, subdivision 5b.

 

(n) 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.  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.

 

(o) $75,000 the first year is from the heritage enhancement account in the game and fish fund for enhanced fish stocking of white bass and crappies in lakes in the metropolitan area that have pier and shore fishing opportunities where communities are currently underserved.

 

(p) $1,633,000 the first year is for a grant to the Board of Regents of the University of Minnesota for chronic wasting disease contingency plans developed by the Center for Infectious Disease Research and Policy.  This is a onetime appropriation.

 

(q) $900,000 the first year is to create new or expand existing outreach and education programs for non-native English-speaking communities.  Of this amount, $250,000 is for the commissioner of the Pollution Control Agency and $250,000 is for the Board of Water and Soil Resources for this purpose.  Up to $400,000 may be used to expand the Fishing in the Neighborhood program for outreach to new and underserved audiences.  This appropriation may be used for community outreach consultants for reaching new audiences.  This is a onetime appropriation and is available until June 30, 2027.

 

      Subd. 7.  Enforcement

 

62,062,000

 

61,618,000

 

Appropriations by Fund

 

 

2024

 

2025

General

15,599,000

14,055,000

Natural Resources

13,911,000

14,011,000

Game and Fish

32,435,000

33,435,000

Remediation

117,000

117,000


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(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) $2,980,000 the first year and $2,980,000 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.


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(g) $2,900,000 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.

 

(h) $3,050,000 the first year is for modernizing the enforcement aviation fleet.  This appropriation is available until June 30, 2027.

 

      Subd. 8.  Operations Support

 

1,984,000

 

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) $300,000 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 $300,000, is canceled no later than June 29, 2023.

 

      Subd. 9.  Pass Through Funds

 

4,294,000

 

4,215,000

 

Appropriations by Fund

 

 

2024

 

2025

General

3,211,000

3,221,000

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.


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(e) $3,000,000 the first year and $3,000,000 the second year are for proportional payments to Tribes receiving payments under Minnesota Statutes, section 97A.157.  This is a onetime appropriation.  The commissioner must work with the signatory Tribes to update and amend the affected agreement.

 

      Subd. 10.  Get Out MORE (Modernizing Outdoor Recreation Experiences)

 

110,000,000

 

 

-0-

 

(a) $110,000,000 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) $5,000,000 is for modernizing camping and related infrastructure, including improvements to improve climate resiliency;

 

(3) $35,000,000 is for modernizing fish hatcheries and fishing infrastructure;

 

(4) $10,000,000 is for restoring streams and modernizing water‑related infrastructure with priority given to fish habitat improvements, dam removal, and improvements to improve climate resiliency; and

 

(5) $35,000,000 is for modernizing boating access.

 

(b) Priority for money allocated under paragraph (a), clauses (1), (3), (4), and (5), must be given to projects where communities are currently underserved.

 

(c) 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.

 

(d) No later than November 30 each year, the commissioner must provide a progress report on the expenditure of money appropriated under this subdivision to the chairs of the legislative committees with jurisdiction over environment and natural resources finance.

 

      Subd. 11.  Fiscal Year 2023 Appropriation

 

 

 

 

 

$1,000,000 in fiscal year 2023 is from the general fund to address safety concerns at the drill core library.  This is a onetime appropriation and is available until June 30, 2026.


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           Subd. 12.  Transfer

 

 

 

 

 

By June 30, 2024, the commissioner of management and budget must transfer $58,000 from the water recreation account in the natural resources fund to the driver services operating account under Minnesota Statutes, section 299A.705.

 

      EFFECTIVE DATE.  Subdivisions 3, 7, 8, 11, and 12 are effective the day following final enactment.

 

      Sec. 4.  BOARD OF WATER AND SOIL RESOURCES

$61,943,000

 

$58,131,000

 

(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 the first year and $1,460,000 the second year are 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 the first year and $100,000 the second year are 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


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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) $190,000 the first year and $190,000 the second year are for grants to Area II Minnesota River Basin Projects for floodplain management.  The base for fiscal year 2026 and later is $140,000.

 

(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 is a onetime appropriation and is available until June 30, 2027. 

 

(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, 2027.

 

(k) $10,557,000 the first year and $10,557,000 the second year are for soil health activities to achieve water quality, soil productivity, climate change resiliency, or carbon sequestration benefits consistent with Minnesota Statutes, section 103F.06.  This is a onetime appropriation and is available until June 30, 2027.  The board may use grants to local governments, including soil and water conservation districts, and agreements with the United States Department of Agriculture; the University of Minnesota, Office for Soil Health; AgCentric, Minnesota State Northern Center of Excellence; and other practitioners and partners to accomplish this work.

 

(l) $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.


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(m) $10,500,000 the first year and $10,500,000 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.

 

(n) $4,000,000 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.

 

(o) $2,000,000 the first year and $2,000,000 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.

 

(p) $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


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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.

 

(q) $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.

 

(r) $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.

 

(s) $3,000,000 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.

 

(t) $2,000,000 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


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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.

 

(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) $500,000 the first year and $500,000 the second year are for the habitat-friendly utilities program under Minnesota Statutes, section 103B.105.  This is a onetime appropriation and is available until June 30, 2027. 

 

(w) 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.

 

(x) 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.

 

(y) 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

 

$32,240,000

 

$11,490,000

 

Appropriations by Fund

 

 

2024

 

2025

General

23,290,000

2,540,000

Natural Resources

8,950,000

8,950,000

 

(a) $8,540,000 the first year and $2,540,000 the second year are for metropolitan-area regional parks operation and maintenance according to Minnesota Statutes, section 473.351.

 

(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).


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(c) $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.

 

(d) $2,750,000 the first year is for capital improvements to the municipal wastewater collection system within the city of Newport to reduce the amount of inflow and infiltration to the sanitary sewer disposal system.  This is a onetime appropriation and is available until June 30, 2026.

 

(e) $1,000,000 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.

 

(f) $2,000,000 the first year is to develop a comprehensive plan to ensure communities in the White Bear Lake area have access to sufficient safe drinking water to allow for municipal growth while simultaneously ensuring the sustainability of surface water and groundwater resources to supply the needs of future generations.  The Metropolitan Council must establish a work group consisting of the commissioners of natural resources, health, and the Pollution Control Agency or their designees and representatives from the Metropolitan Area Water Supply Advisory Committee; the St. Paul Regional Water Services; the cities of Stillwater, Mahtomedi, Hugo, Lake Elmo, Lino Lakes, North St. Paul, Oakdale, Vadnais Heights, Shoreview, Woodbury, New Brighton, North Oaks, and White Bear Lake; and the town of White Bear to advise the council in developing the comprehensive plan.  This is a onetime appropriation and is available until June 30, 2027.  The comprehensive plan must:

 

(1) evaluate methods for conserving and recharging groundwater in the area, including:

 

(i) converting water supplies that are groundwater dependent to total or partial supplies from surface water sources;

 

(ii) reusing water, including water discharged from contaminated wells;

 

(iii) projects designed to increase groundwater recharge; and

 

(iv) other methods for reducing groundwater use;

 

(2) based on the evaluation conducted under clause (1), determine which existing groundwater supply wells, if converted to surface water sources, would be most effective and efficient in ensuring future water sustainability in the area;


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(3) identify a long-term plan for converting groundwater supply wells identified in clause (2) to surface water sources, including recommendations on water supply governance and concept-level engineering that addresses preliminary design considerations, including supply source, treatment, distribution, operation, and financing needed to complete any changes to water supply infrastructure;

 

(4) include any policy and funding recommendations for converting groundwater supply wells to surface water sources, recommendations for treating and reusing wastewater, and any other recommendations for additional measures that reduce groundwater use, promote water reuse, and increase groundwater recharge;

 

(5) include any policy and funding recommendations for local wastewater treatment and recharge; and

 

(6) be submitted to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources finance and policy by June 30, 2027.

 

      Sec. 6.  CONSERVATION CORPS MINNESOTA

 

$1,070,000

 

$1,070,000

 

Appropriations by Fund

 

 

2024

 

2025

General

580,000

580,000

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

 

$14,244,000

 

$13,812,000

 

Appropriations by Fund

 

 

2024

 

2025

General

13,989,000

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.


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           Sec. 8.  SCIENCE MUSEUM

 

$8,200,000

 

$1,260,000

 

$7,000,000 the first year is for debt reduction, rehiring and retaining employees, supporting employee contracts, and diversity and inclusion training and outreach.

 

      Sec. 9.  UNIVERSITY OF MINNESOTA

 

$1,500,000

 

$-0-

 

(a) $1,000,000 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.

 

(b) The board must ensure that the Minnesota Aquatic Invasive Species Research Center coordinates research activities funded under paragraph (a) with Tribal governments.

 

(c) The appropriation under paragraph (a) is onetime and available until June 30, 2027. 

 

(d) $500,000 the first year is for a multidisciplinary research study involving several departments of the University of Minnesota, including the Department of Forest Resources; Department of Soil, Water, and Climate; Department of Bioproducts and Biosystems Engineering; and Department of Applied Economics, of lowland conifer stands over 40 acres that are under state management.  The study must provide spatial estimates for carbon found in aboveground biomass, as well as soils and peat; develop strategies that maximize mitigation of global climate change; and provide


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9053

recommendations for maximizing climate resilience, encouraging biodiversity, and providing air- and water-quality benefits.  A report with the results of the study must be submitted to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources by January 15, 2027.  This is a onetime appropriation and is available until June 30, 2027.

 

      Sec. 10.  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.  This is a onetime appropriation and is available until June 30, 2026.

 

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.


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           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.


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(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.


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(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.


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(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-

 


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(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.


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(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.


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(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


Journal of the House - 73rd Day - Thursday, May 18, 2023 - Top of Page 9061

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.


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(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


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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.


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           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 CO2 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


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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.


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(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.


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(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.


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(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.


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(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.


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(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


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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


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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

 

 

 

 

 

(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.


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(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;


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(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


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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

 

 

 

 

(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

 

 

 

 

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.


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           Subd. 16.  Energy Conservation and Sustainable Building Guidelines

 

 

 

 

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

 

 

 

 

 

Structural and nonstructural facilities must meet the design standards in the Americans with Disabilities Act (ADA) accessibility guidelines.

 

      Subd. 18.  Carryforward; Extensions

 

 

 

 

 

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.


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           Subd. 19.  Repurpose

 

 

 

 

 

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 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.

 

(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.

 

(c) Seven citizens are members of the commission, five appointed by the governor, one appointed by the Senate Subcommittee on Committees of the Committee on Rules and Administration, and one appointed by the speaker of the house.  The citizen members are selected and recommended to the appointing authorities according to subdivision 1a and 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) Members shall 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 preside and convene meetings as often as necessary to conduct duties prescribed by this chapter.

 

(e) 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) A citizen member may be removed by an appointing authority for cause.  Vacancies occurring on the commission shall not affect the authority of the remaining members of the commission to carry out their duties, and vacancies shall be filled for the remainder of the term in the same manner under paragraphs (a) to (c).


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(g) 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.  One of the governor's appointments must be a member recommended by the Tribal government representatives of the Indian Affairs Council.

 

(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 July 1, 2023, and applies to appointments made on or after that date.

 

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).

 

(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


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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 July 1, 2023.

 

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 July 1, 2023.


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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 by the date the appropriation expires 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;


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(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.


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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, 2023.

 

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


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(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 25 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 2021, First Special Session chapter 6, article 5, section 2, subdivision 9, is amended to read:

 

      Subd. 9.  Land Acquisition, Habitat, and Recreation

-0-

 

29,901,000

 

(a) DNR Scientific and Natural Areas

 

 

 

 

 

$3,000,000 the second year is from the trust fund to the commissioner of natural resources for the scientific and natural area (SNA) program to restore, improve, and enhance wildlife habitat on SNAs; increase public involvement and outreach; and strategically acquire high-quality lands that meet criteria for SNAs under Minnesota Statutes, section 86A.05, from willing sellers.

 

(b) Private Native Prairie Conservation through Native Prairie Bank

 

 

 

 

$2,000,000 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


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baseline property assessments.  Up to $60,000 of this appropriation may be deposited in the natural resources conservation easement stewardship account, created in Minnesota Statutes, section 84.69, proportional to the number of easement acres acquired.

 

(c) Minnesota State Parks and State Trails Inholdings

 

 

 

 

 

$3,500,000 the second 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 promote tourism.

 

(d) Grants for Local Parks, Trails, and Natural Areas

 

 

 

 

 

$2,400,000 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.

 

(e) Mississippi River Aquatic Habitat Restoration and Mussel Reintroduction

 

 

 

 

$1,800,000 the second year is from the trust fund.  Of this amount, $1,549,000 is to the commissioner of natural resources for an agreement with the Minneapolis Park and Recreation Board and $251,000 is to the commissioner of natural resources to restore lost habitat and reintroduce mussels in the Mississippi River above St. Anthony Falls.  This work includes creating habitat and species restoration plans, implementing the restoration plans, and monitoring effectiveness of the restoration for multiple years after implementation.  This appropriation is available until June 30, 2027, by which time the project must be completed and final products delivered.

 

(f) Minnesota Hunter Walking Trails:  Public Land Recreational Access

 

 

 

 

$300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Ruffed Grouse Society to improve Minnesota's hunter walking trail system by restoring or upgrading trailheads and trails, developing new walking trails, and compiling enhanced maps for use by managers and the public.


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(g) Turning Back to Rivers:  Environmental and Recreational Protection

 

 

 

 

$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with The Trust for Public Land to help local communities acquire priority land along the Mississippi, St. Croix, and Minnesota Rivers and their tributaries to protect natural resources, provide buffers for flooding, and improve access for recreation.

 

(h) Metropolitan Regional Parks System Land Acquisition ‑ Phase VI

 

 

 

 

$1,000,000 the second year is from the trust fund to the Metropolitan Council for grants to acquire land within the approved park boundaries of the metropolitan regional park system.  This appropriation must be matched by at least 40 percent of nonstate money.

 

(i) Minnesota State Trails Development

 

 

 

 

 

$994,000 the second year is from the trust fund to the commissioner of natural resources to expand high-priority recreational opportunities on Minnesota's state trails by rehabilitating, improving, and enhancing existing state trails.  The high-priority trail bridges to be rehabilitated or replaced under this appropriation include, but are not limited to, those on the Taconite, Great River Ridge, and C.J. Ramstad/Northshore State Trails.

 

(j) Elm Creek Restoration - Phase IV

 

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Champlin to conduct habitat and stream restoration of approximately 0.7 miles of Elm Creek shoreline above Mill Pond Lake and through the Elm Creek Protection Area.

 

(k) Superior Hiking Trail as Environmental Showcase

 

 

 

 

 

$450,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Superior Hiking Trail Association to rebuild damaged and dangerous segments and create a new trail segment of the Superior Hiking Trail to minimize environmental impacts, make the trail safer for users, and make the trail more resilient for future use and conditions.

 

(l) Upper St. Anthony Falls Enhancements

 

 

 

 

 

$2,800,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Friends of the Lock and Dam in partnership with the city of


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Minneapolis to design and install green infrastructure, public access, and habitat restorations on riverfront land at Upper St. Anthony Falls for water protection, recreation, and environmental education purposes.  Of this amount, up to $600,000 is for planning, design, and engagement.  No funds from this appropriation may be spent until Congress directs the U.S. Army Corps of Engineers to convey an interest in the Upper St. Anthony Falls property to the city of Minneapolis for use as a visitor center.  After this congressional act is signed into law, up to $100,000 of the planning, design, and engagement funds may be spent.  The remaining planning, design, and engagement funds may be spent after a binding agreement has been secured to acquire the land or access and use rights to the land for at least 25 years.  Any remaining balance of the appropriation may be spent on installing enhancements after the Upper St. Anthony Falls land has been acquired by the city of Minneapolis.

 

(m) Whiskey Creek and Mississippi River Water Quality, Habitat, and Recreation

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Mississippi Headwaters Board for the city of Baxter to acquire and transfer approximately 13 acres of land to the city of Baxter for future construction of water quality, habitat, and recreational improvements to protect the Mississippi River. 

 

(n) Perham to Pelican Rapids Regional Trail (West Segment)

 

 

 

 

$2,600,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Otter Tail County to construct the west segment of the 32-mile Perham to Pelican Rapids Regional Trail that will connect the city of Pelican Rapids to Maplewood State Park.

 

(o) Crow Wing County Community Natural Area Acquisition

 

 

 

 

$400,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Crow Wing County to acquire approximately 65 acres of land adjacent to the historic fire tower property to allow for diverse recreational opportunities while protecting wildlife habitat and preventing forest fragmentation.  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. 


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(p) Rocori Trail - Phase III

 

 

 

 

 

$1,200,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Rocori Trail Construction Board to design and construct Phase III of the Rocori Trail along the old Burlington Northern Santa Fe rail corridor between the cities of Cold Spring and Rockville.

 

(q) Mesabi Trail:  New Trail and Additional Funding

 

 

 

 

 

$1,000,000 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 for constructing the Mesabi Trail beginning at the intersection of County Road 20 and Minnesota State Highway 135 and terminating at 1st Avenue North and 1st Street North in the city of Biwabik in St. Louis County.  This appropriation may not be spent until all Mesabi Trail projects funded with trust fund appropriations before fiscal year 2020, with the exception of the project funded under Laws 2017, chapter 96, section 2, subdivision 9, paragraph (g), are completed.

 

(r) Ranier Safe Harbor and Transient Dock on Rainy Lake

 

 

 

 

$762,000 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 dock that accommodates boats 26 feet or longer with the goal of increasing public access for boat recreation on Rainy Lake.  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.

 

(s) Crane Lake Voyageurs National Park Campground and Visitor Center

 

 

 

 

$3,100,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the town of Crane Lake to design and construct a new campground and to plan and preliminarily prepare a site for constructing a new Voyageurs National Park visitor center on land acquired for these purposes in Crane Lake.  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.


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(t) Chippewa County Acquisition, Recreation, and Education

 

 

 

 

$160,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Chippewa County to acquire wetland and floodplain forest and abandoned gravel pits along the Minnesota River to provide water filtration, education, and recreational opportunities.

 

(u) Sportsmen's Training and Developmental Learning Center

 

 

 

 

$85,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Forest Zone Trappers Association to complete a site evaluation and master plan for the Sportsmen's Training and Developmental Learning Center near Hibbing.  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.

 

(v) Birch Lake Recreation Area

 

 

 

 

 

$350,000 the second year is from the trust fund to the commissioner of natural resources for a grant to the city of Babbitt to expand the Birch Lake Recreation Area by adding a new campground to include new campsites, restrooms, and other facilities.  This appropriation is available until June 30, 2025.

 

      Sec. 13.  Laws 2022, chapter 94, section 2, subdivision 5, is amended to read:

 

      Subd. 5.  Environmental Education

 

-0-

 

4,269,000

 

(a) Teacher Field School:  Stewardship through Nature-Based Education

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Hamline University to create an immersive, research-backed field school for teachers to use nature-based education to benefit student well‑being and academic outcomes while increasing stewardship habits.

 

(b) Increasing K-12 Student Learning to Develop Environmental Awareness, Appreciation, and Interest

 

 

 

 

$1,602,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Osprey Wilds Environmental Learning Center to partner with Minnesota's five other accredited residential environmental learning centers to provide needs-based scholarships to at least 25,000 K-12 students statewide for immersive multiday environmental learning experiences.


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(c) Expanding Access to Wildlife Learning Bird by Bird

 

 

 

 

 

$276,000 the second year is from the trust fund to the commissioner of natural resources to engage young people from diverse communities in wildlife conservation through bird‑watching in schools, outdoor leadership training, and participating in neighborhood bird walks.

 

(d) Engaging a Diverse Public in Environmental Stewardship

 

 

 

 

$300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to increase participation in natural resources restoration efforts through volunteer, internship, and youth engagement activities that target diverse audiences more accurately reflecting local demographic and socioeconomic conditions in Minnesota.

 

(e) Bugs Below Zero:  Engaging Citizens in Winter Research

 

 

 

 

$198,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to raise awareness about the winter life of bugs, inspire learning about stream food webs, and engage citizen scientists in research and environmental stewardship.

 

(f) ESTEP:  Earth Science Teacher Education Project

 

 

 

 

 

$495,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Science Teachers Association to provide professional development for Minnesota science teachers in environmental and earth science to strengthen environmental education in schools.

 

(g) YES!  Students Take Action to Complete Eco Projects

 

 

 

 

 

$199,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Prairie Woods Environmental Learning Center, in partnership with Ney Nature Center and Laurentian Environmental Center, to empower Minnesota youth to connect with natural resource experts, identify ecological challenges, and take action to complete innovative projects in their communities.

 

(h) Increasing Diversity in Environmental Careers

 

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources, in cooperation with Conservation Corps Minnesota and Iowa, to encourage a diversity of students to pursue careers in the environment and natural resources through internships, mentorships, and fellowships with the Department of Natural Resources, the Board of Water and Soil Resources, and the Pollution Control Agency.


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(i) Diversity and Access to Wildlife-Related Opportunities

 

 

 

 

 

$199,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to broaden the state's conservation constituency by researching diverse communities' values about nature and wildlife experiences and identifying barriers to engagement.

 

      Sec. 14.  Laws 2022, chapter 94, section 2, subdivision 8, is amended to read:

 

      Subd. 8.  Methods to Protect, Restore, and Enhance Land, Water, and Habitat

-0-

 

11,294,000

 

(a) Minnesota's Volunteer Rare Plant Conservation Corps

 

 

 

 

 

$859,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Minnesota Landscape Arboretum to partner with the Department of Natural Resources and the Minnesota Native Plant Society to establish and train a volunteer corps to survey, monitor, and bank seed from Minnesota's rare plant populations and enhance the effectiveness and efficiencies of conservation efforts.

 

(b) Conservation Corps Veterans Service Corps Program

 

 

 

 

 

$1,339,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Conservation Corps Minnesota to create a Veterans Service Corps program to accelerate natural resource restorations in Minnesota while providing workforce development opportunities for the state's veterans.

 

(c) Creating Seed Sources of Early-Blooming Plants for Pollinators

 

 

 

 

$200,000 the second year is from the trust fund to the commissioner of natural resources to establish new populations of early-season flowers by hand-harvesting and propagating species that are currently lacking in prairie restorations and that are essential to pollinator health.  This appropriation is available until June 30, 2026, by which time the project must be completed and final products delivered.

 

(d) Hastings Lake Rebecca Park Area

 

 

 

 

 

$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Hastings to develop an ecological-based master plan for Lake Rebecca Park and to enhance habitat quality and construct passive recreational facilities consistent with the master plan.  No funds for implementation may be spent until the master plan is complete.


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(e) Pollinator Plantings and the Redistribution of Soil Toxins

 

 

 

 

$610,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to map urban and suburban soil toxins of concern, such as heavy metals and microplastics, and to test whether pollinator plantings can redistribute these toxins in the soil of yards, parks, and community gardens and reduce exposure to humans and wildlife.

 

(f) PFAS Fungal-Wood Chip Filtering System

 

 

 

 

 

$189,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to identify, develop, and field-test various types of waste wood chips and fungi to sequester and degrade PFAS leachate from contaminated waste sites.  This appropriation is subject to Minnesota Statutes, section 116P.10.

 

(g) Phytoremediation for Extracting Deicing Salt

 

 

 

 

 

$451,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to protect lands and waters from contamination by collaborating with the Department of Transportation to develop methods for using native plants to remediate roadside deicing salt.

 

(h) Mustinka River Fish and Wildlife Habitat Corridor Rehabilitation

 

 

 

 

$2,692,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Bois de Sioux Watershed District to permanently rehabilitate a straightened reach of the Mustinka River to a naturally functioning stream channel and floodplain corridor for water, fish, and wildlife benefits.

 

(i) Bohemian Flats Savanna Restoration

 

 

 

 

 

$286,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Minneapolis Park and Recreation Board to restore an area of compacted urban turf within Bohemian Flats Park and adjacent to the Mississippi River to an oak savanna ecosystem.

 

(j) Watershed and Forest Restoration:  What a Match! 

 

 

 

 

 

$3,318,000 the second year is from the trust fund to the Board of Water and Soil Resources, in cooperation with soil and water conservation districts, the Mille Lacs Band of Ojibwe, and the Department of Natural Resources, to acquire interests in land and to accelerate tree planting on privately owned, protected lands for water-quality protection and carbon sequestration. 


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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

 

 

 

 

 

$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. 15.  Laws 2022, chapter 94, section 2, subdivision 9, is amended to read:

 

      Subd. 9.  Habitat and Recreation

 

-0-

 

26,179,000

 

(a) Mesabi Trail:  Wahlsten Road (CR 26) to toward Tower

 

 

 

 

$1,307,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the St. Louis and Lake Counties Regional Railroad Authority to acquire easements, engineer, and construct a segment of the Mesabi Trail beginning at the intersection of Wahlsten Road (CR 26) and Benson Road in Embarrass and extending to toward Tower.

 

(b) Environmental Learning Classroom with Trails

 

 

 

 

 

$82,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Mountain Iron-Buhl Public Schools to build an outdoor classroom pavilion, accessible trails, and a footbridge within the Mountain Iron-Buhl School Forest to conduct environmental education that cultivates a lasting conservation ethic.

 

(c) Local Parks, Trails, and Natural Areas Grant Programs

 

 

 

 

$3,560,000 the second year is from the trust fund to the commissioner of natural resources to solicit, rank, and fund competitive matching grants for local parks, trail connections, and natural and scenic areas under Minnesota Statutes, section 85.019.  This appropriation is for local nature-based recreation, connections to regional and state natural areas, and recreation facilities and may not be used for athletic facilities such as sport fields, courts, and playgrounds.


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(d) St. Louis River Re-Connect

 

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Duluth to expand recreational access along the St. Louis River and estuary by implementing the St. Louis River National Water Trail outreach plan, designing and constructing upgrades and extensions to the Waabizheshikana Trail, and installing interpretive features that describe the cultural and ecological significance of the area.

 

(e) Native Prairie Stewardship and Prairie Bank Easement Acquisition

 

 

 

 

$1,353,000 the second year is from the trust fund to the commissioner of natural resources to provide technical stewardship assistance to private landowners, restore and enhance native prairie protected by easements in the native prairie bank, and acquire easements for the native prairie bank in accordance with Minnesota Statutes, section 84.96, including preparing initial baseline property assessments.  Up to $60,000 of this appropriation may be deposited in the natural resources conservation easement stewardship account created under Minnesota Statutes, section 84.69, proportional to the number of easements acquired.

 

(f) Minnesota State Parks and State Trails Maintenance and Development

 

 

 

 

$1,600,000 the second year is from the trust fund to the commissioner of natural resources for maintenance and development at state parks, recreation areas, and trails to protect Minnesota's natural heritage, enhance outdoor recreation, and improve the efficiency of public land management.

 

(g) Minnesota State Trails Development

 

 

 

 

 

$7,387,000 the second year is from the trust fund to the commissioner of natural resources to expand recreational opportunities on Minnesota state trails by rehabilitating and enhancing existing state trails and replacing or repairing existing state trail bridges.

 

(h) SNA Habitat Restoration and Public Engagement

 

 

 

 

 

$5,000,000 the second year is from the trust fund to the commissioner of natural resources for the scientific and natural areas (SNA) program to restore and enhance exceptional habitat on SNAs and increase public involvement and outreach.


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(i) The Missing Link:  Gull Lake Trail, Fairview Township

 

 

 

 

$1,394,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Fairview Township to complete the Gull Lake Trail by engineering and constructing the trail's final segment through Fairview Township in the Brainerd Lakes area.

 

(j) Silver Bay Multimodal Trailhead Project

 

 

 

 

 

$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Silver Bay to develop a multimodal trailhead center to provide safe access to the Superior, Gitchi-Gami, and C.J. Ramstad/North Shore trails; Black Beach Park; and other recreational destinations.

 

(k) Brookston Campground, Boat Launch, and Outdoor Recreational Facility

 

 

 

 

$453,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Brookston to build a campground, boat launch, and outdoor recreation area on the banks of the St. Louis River in northeastern Minnesota.  Before any trust fund dollars are spent, the city must demonstrate that all funds to complete the project are secured and a fiscal agent must be approved in the work plan.

 

(l) Silver Lake Trail Connection

 

 

 

 

 

$727,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Virginia to design, engineer, and construct a multiuse trail that will connect Silver Lake Trail to a new Miners Entertainment and Convention Center and provide lighting on Bailey Lake Trail.

 

(m) Floodwood Campground Improvement Project

 

 

 

 

 

$816,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Floodwood to upgrade the Floodwood Campground and connecting trails to provide high-quality nature and recreation experience for people of all ages.

 

(n) Ranier Safe Harbor/Transient Dock - Phase 2

 

 

 

 

 

$1,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Ranier to construct a safe harbor and transient dock to accommodate watercraft of many sizes to improve public access for boat recreation on Rainy Lake.  Before trust fund dollars are spent, a fiscal agent must be approved in the work plan.  Before


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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. 16.  EFFECTIVE DATE.

 

Unless otherwise provided, this article is effective the day following final enactment.

 

ARTICLE 3

POLLUTION CONTROL

 

Section 1.  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. 2.  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. 3.  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. 4.  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:


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(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


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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;

 

(h) (8) to conduct such investigations, issue such notices, public and otherwise, and hold such hearings as are necessary or which it may deem advisable for the discharge of its duties under this chapter and, with respect to the pollution of waters of the state, under chapter 116, including, but not limited to, the issuance of permits, and to authorize any member, employee, or agent appointed by it to conduct such investigations or, issue such notices and hold such hearings;

 

(i) (9) for the purpose of water pollution control planning by the state and pursuant to the Federal Water Pollution Control Act, as amended, to establish and revise planning areas, adopt plans and programs and continuing planning processes, including, but not limited to, basin plans and areawide waste treatment management plans, and to provide for the implementation of any such plans by means of, including, but not limited to, standards, plan elements, procedures for revision, intergovernmental cooperation, residual treatment process waste controls, and needs inventory and ranking for construction of disposal systems;

 

(j) (10) to train water pollution control personnel, and charge such training fees therefor as are necessary to cover the agency's costs.  All such fees received shall must be paid into the state treasury and credited to the Pollution Control Agency training account;

 

(11) to provide chloride reduction training and charge training fees as necessary to cover the agency's costs not to exceed $350.  All training fees received must be paid into the state treasury and credited to the Pollution Control Agency training account;


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(k) (12) to impose as additional conditions in permits to publicly owned disposal systems appropriate measures to insure compliance by industrial and other users with any pretreatment standard, including, but not limited to, those related to toxic pollutants, and any system of user charges ratably as is hereby required under state law or said Federal Water Pollution Control Act, as amended, or any regulations or guidelines promulgated thereunder;

 

(l) (13) to set a period not to exceed five years for the duration of any national pollutant discharge elimination system permit or not to exceed ten years for any permit issued as a state disposal system permit only;

 

(m) (14) to require each governmental subdivision identified as a permittee for a wastewater treatment works to evaluate in every odd-numbered year the condition of its existing system and identify future capital improvements that will be needed to attain or maintain compliance with a national pollutant discharge elimination system or state disposal system permit; and

 

(n) (15) to train subsurface sewage treatment system personnel, including persons who design, construct, install, inspect, service, and operate subsurface sewage treatment systems, and charge fees as necessary to pay the agency's costs.  All fees received must be paid into the state treasury and credited to the agency's training account.  Money in the account is appropriated to the agency to pay expenses related to training.

 

(b) The information required in paragraph (a), clause (m) (14), must be submitted in every odd-numbered year to the commissioner on a form provided by the commissioner.  The commissioner shall provide technical assistance if requested by the governmental subdivision.

 

(c) The powers and duties given the agency in this subdivision also apply to permits issued under chapter 114C.

 

Sec. 5.  Minnesota Statutes 2022, section 115.061, is amended to read:

 

115.061 DUTY TO NOTIFY; AVOIDING WATER POLLUTION.

 

(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency immediately of the discharge, accidental or otherwise, of any substance or material under its control which, if not recovered, may cause pollution of waters of the state, and the responsible person shall recover as rapidly and as thoroughly as possible such substance or material and take immediately such other action as may be reasonably possible to minimize or abate pollution of waters of the state caused thereby.

 

(b) Notification is not required under paragraph (a) for a discharge of five gallons or less of petroleum, as defined in section 115C.02, subdivision 10.  This paragraph does not affect the other requirements of paragraph (a).

 

(c) Promptly after notifying the agency of a discharge under paragraph (a), a publicly owned treatment works or a publicly or privately owned domestic sewer system owner must provide notice to the potentially impacted public and to any downstream drinking water facility that may be impacted by the discharge.  Notice to the public and to any drinking water facility must be made using the most efficient communications system available to the facility owner such as in person, telephone call, radio, social media, web page, or another expedited form.  In addition, signage must be posted at all impacted public use areas within the same jurisdiction or notification must be provided to the entity that has jurisdiction over any impacted public use areas.  A notice under this paragraph must include the date and time of the discharge, a description of the material released, a warning of the potential public health risk, and the permittee's contact information.

 

(d) The agency must provide guidance that includes but is not limited to methods and protocols for providing timely notice under this section.


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Sec. 6.  Minnesota Statutes 2022, section 115A.03, is amended by adding a subdivision to read:

 

Subd. 10b.  Environmental justice area.  "Environmental justice area" means one or more census tracts in Minnesota:

 

(1) in which, based on the most recent decennial census data published by the United States Census Bureau:

 

(i) 40 percent or more of the population is nonwhite;

 

(ii) 35 percent or more of the households have an income at or below 200 percent of the federal poverty level; or

 

(iii) 40 percent or more of the population over the age of five has limited English proficiency; or

 

(2) located within Indian Country, as defined under United States Code, title 18, section 1151.

 

Sec. 7.  Minnesota Statutes 2022, section 115A.03, is amended by adding a subdivision to read:

 

Subd. 37a.  Waste treated seed.  "Waste treated seed" means seed that is treated, as defined in section 21.81, subdivision 28, and that is withdrawn from sale or that the end user considers unusable or otherwise a waste.

 

Sec. 8.  Minnesota Statutes 2022, section 115A.1415, is amended to read:

 

115A.1415 ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP PROGRAM; STEWARDSHIP PLAN.

 

Subdivision 1.  Definitions.  For purposes of this section, the following terms have the meanings given:

 

(1) "annual operating expenses" means the total amount of a producer's or stewardship organization's expenses in a calendar year for developing a stewardship plan, operating and administering the program in accordance with the stewardship plan, and meeting the requirements of this section, determined at the time the annual report required under subdivision 12 is submitted;

 

(1) (2) "architectural paint" means interior and exterior architectural coatings sold in containers of five gallons or less.  Architectural paint does not include industrial coatings, original equipment coatings, or specialty coatings;

 

(2) (3) "brand" means a name, symbol, word, or mark that identifies architectural paint, rather than its components, and attributes the paint to the owner or licensee of the brand as the producer;

 

(3) (4) "discarded paint" means architectural paint that is no longer used for its manufactured purpose;

 

(4) (5) "producer" means a person that:

 

(i) has legal ownership of the brand, brand name, or cobrand of architectural paint sold in the state;

 

(ii) imports architectural paint branded by a producer that meets item (i) when the producer has no physical presence in the United States;

 

(iii) if items (i) and (ii) do not apply, makes unbranded architectural paint that is sold in the state; or


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(iv) sells architectural paint at wholesale or retail, does not have legal ownership of the brand, and elects to fulfill the responsibilities of the producer for the architectural paint by certifying that election in writing to the commissioner;

 

(5) (6) "recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use;

 

(6) (7) "retailer" means any person who offers architectural paint for sale at retail in the state;

 

(7) (8) "reuse" means donating or selling collected architectural paint back into the market for its original intended use, when the architectural paint retains its original purpose and performance characteristics;

 

(8) (9) "sale" or "sell" means transfer of title of architectural paint for consideration, including a remote sale conducted through a sales outlet, catalog, website, or similar electronic means.  Sale or sell includes a lease through which architectural paint is provided to a consumer by a producer, wholesaler, or retailer;

 

(9) (10) "stewardship assessment" means the amount added to the purchase price of architectural paint sold in the state that is necessary to cover the cost of collecting, transporting, and processing postconsumer architectural paint by the producer or stewardship organization pursuant to a product stewardship program to implement a product stewardship program according to an approved stewardship plan;

 

(10) (11) "stewardship organization" means an organization appointed by one or more producers to act as an agent on behalf of the producer to design, submit, and administer a product stewardship program under this section; and

 

(11) (12) "stewardship plan" means a detailed plan describing the manner in which a product stewardship program under subdivision 2 will be implemented.

 

Subd. 2.  Product stewardship program.  For architectural paint sold in the state, producers must, individually or through a stewardship organization, implement and finance a statewide product stewardship program that manages the architectural paint by reducing the paint's waste generation, promoting its reuse and recycling, and providing for negotiation and execution of agreements to collect, transport, and process the architectural paint for end-of-life recycling and reuse.

 

Subd. 3.  Participation required to sell.  (a) On and after July 1, 2014, or three months after program plan approval, whichever is sooner, No producer, wholesaler, or retailer may sell or offer for sale in the state architectural paint unless the paint's producer participates in an approved stewardship plan, either individually or through a stewardship organization.

 

(b) Each producer must operate a product stewardship program approved by the agency commissioner or enter into an agreement with a stewardship organization to operate, on the producer's behalf, a product stewardship program approved by the agency commissioner.

 

Subd. 4.  Stewardship plan required.  (a) On or before March 1, 2014, and Before offering architectural paint for sale in the state, a producer must submit a stewardship plan to the agency commissioner and receive approval of the plan or must submit documentation to the agency commissioner that demonstrates the producer has entered into an agreement with a stewardship organization to be an active participant in an approved product stewardship program as described in subdivision 2.  A stewardship plan must include all elements required under subdivision 5.

 

(b) An A proposed amendment to the plan, if determined necessary by the commissioner, must be submitted to the commissioner for review and approval or rejection every five years.


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(c) It is the responsibility of The entities responsible for each stewardship plan to must notify the agency commissioner within 30 days of any significant proposed changes or modifications to the plan or its implementation.  Within 30 days of the notification, a written proposed plan revision amendment must be submitted to the agency commissioner for review and approval or rejection.

 

Subd. 5.  Plan content.  A stewardship plan must contain:

 

(1) certification that the product stewardship program will accept all discarded paint regardless of which producer produced the architectural paint and its individual components;

 

(2) contact information for the individual and the entity submitting the stewardship plan, a list of all producers participating in the product stewardship program, and the brands covered by the product stewardship program;

 

(3) a description of the methods by which the discarded paint will be collected in all areas in the state without relying on end-of-life fees, including an explanation of how the collection system will be convenient and adequate to serve the needs of small businesses and residents in both urban and rural areas on an ongoing basis and a discussion of how the existing household hazardous waste infrastructure will be considered when selecting collection sites;

 

(4) a description of how the adequacy of the collection program will be monitored and maintained;

 

(5) the names and locations of collectors, transporters, and recyclers that will manage discarded paint;

 

(6) a description of how the discarded paint and the paint's components will be safely and securely transported, tracked, and handled from collection through final recycling and processing;

 

(7) a description of the method that will be used to reuse, deconstruct, or recycle the discarded paint to ensure that the paint's components, to the extent feasible, are transformed or remanufactured into finished products for use;

 

(8) a description of the promotion and outreach activities that will be used to encourage participation in the collection and recycling programs and how the activities' effectiveness will be evaluated and the program modified, if necessary;

 

(9) the proposed stewardship assessment.  The producer or stewardship organization shall propose a uniform stewardship assessment for any architectural paint sold in the state.  The proposed stewardship assessment shall be reviewed by an independent auditor to ensure that the assessment does not exceed the costs of the product stewardship program and the independent auditor shall recommend an amount for the stewardship assessment.  The agency must approve the stewardship assessment established according to subdivision 5a;

 

(10) evidence of adequate insurance and financial assurance that may be required for collection, handling, and disposal operations;

 

(11) five-year performance goals, including an estimate of the percentage of discarded paint that will be collected, reused, and recycled during each of the first five years of the stewardship plan.  The performance goals must include a specific goal for the amount of discarded paint that will be collected and recycled and reused during each year of the plan.  The performance goals must be based on:

 

(i) the most recent collection data available for the state;

 

(ii) the estimated amount of architectural paint disposed of annually;

 

(iii) the weight of the architectural paint that is expected to be available for collection annually; and

 

(iv) actual collection data from other existing stewardship programs.


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The stewardship plan must state the methodology used to determine these goals; and

 

(12) a discussion of the status of end markets for collected architectural paint and what, if any, additional end markets are needed to improve the functioning of the program.

 

Subd. 5a.  Stewardship assessment.  (a) The producer or stewardship organization must propose a uniform stewardship assessment for any architectural paint sold in the state that covers but does not exceed the costs of developing the stewardship plan, operating and administering the program in accordance with the stewardship plan and the requirements of this section, and maintaining a financial reserve.

 

(b) The producer or stewardship organization must retain an independent auditor to review the proposed stewardship assessment to ensure that the assessment meets the requirements of this section.  The independent auditor must recommend an amount for the stewardship assessment.

 

(c) A stewardship organization's or producer's product stewardship program must not maintain a financial reserve in excess of 75 percent of its annual operating expenses.

 

(d) If the financial reserve exceeds 75 percent of the producer's or stewardship organization's annual operating expenses, the producer or stewardship organization must submit a proposed plan amendment according to subdivision 4, paragraph (c), to comply with this subdivision.

 

(e) A producer or stewardship organization may submit a written request to the commissioner for an extension of the time to comply with paragraphs (c) and (d).  The commissioner must review and approve or reject the request.  If the commissioner approves a request, the commissioner must determine the length of the extension, which must not exceed two consecutive years.  The request must demonstrate that the financial reserve is projected to fall below 75 percent of the producer's or stewardship organization's annual operating expenses without a plan amendment within two years of the request.

 

(f) If the financial reserve falls below 60 percent of the producer's or stewardship organization's annual operating expenses, the producer or stewardship organization may submit a proposed plan amendment according to subdivision 4, paragraph (c), to comply with this subdivision.

 

(g) The commissioner must review and approve or reject the stewardship assessment according to subdivision 7.

 

(h) A producer or stewardship organization may not use any money collected through a stewardship assessment to pay for litigation against the state related to this section or to pay penalties imposed according to section 115.071 or 116.072.

 

Subd. 6.  Consultation required.  Each stewardship organization or individual producer submitting a stewardship plan or plan amendment must consult with stakeholders including retailers, contractors, collectors, recyclers, local government, and customers during the development of the plan or plan amendment.

 

Subd. 7.  Agency Commissioner review and approval.  (a) Within 90 days after receipt of receiving a proposed stewardship plan, the agency shall commissioner must determine whether the plan complies with subdivision 4 this section.  If the agency commissioner approves a plan, the agency shall commissioner must notify the applicant of the plan approval in writing.  If the agency commissioner rejects a plan, the agency shall commissioner must notify the applicant in writing of the reasons for rejecting the plan.

 

(b) An applicant whose plan is rejected by the agency commissioner must submit a revised stewardship plan to the agency commissioner within 60 days after receiving notice of rejection.


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(b) (c) Any proposed changes amendment to a stewardship plan must be reviewed and approved or rejected by the agency commissioner in writing according to this subdivision.

 

Subd. 8.  Plan availability.  All draft proposed stewardship plans and amendments and approved stewardship plans shall and amendments must be placed on the agency's website for at least 30 days and made available at the agency's headquarters for public review and comment.

 

Subd. 9.  Conduct authorized.  A producer or stewardship organization that organizes collection, transport, and processing of architectural paint under this section is immune from liability for the conduct under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce only to the extent that the conduct is necessary to plan and implement the producer's or organization's chosen organized collection or recycling system.

 

Subd. 10.  Producer responsibilities.  (a) On and after the date of implementation of a product stewardship program according to this section, a producer of architectural paint must add the stewardship assessment, as established under subdivision 5, clause (9) 5a, to the cost of architectural paint sold to retailers and distributors in the state by the producer.

 

(b) Producers of architectural paint or the stewardship organization shall must provide consumers with educational materials regarding the stewardship assessment and product stewardship program.  The materials must include, but are not limited to, information regarding available end-of-life management options for architectural paint offered through the product stewardship program and information that notifies consumers that a charge for the operation of the product stewardship program is included in the purchase price of architectural paint sold in the state.

 

Subd. 11.  Retailer responsibilities.  (a) On and after July 1, 2014, or three months after program plan approval, whichever is sooner, No architectural paint may be sold in the state unless the paint's producer is participating in an approved stewardship plan.

 

(b) On and after the implementation date of a product stewardship program according to this section, each retailer or distributor, as applicable, must ensure that the full amount of the stewardship assessment added to the cost of architectural paint by producers under subdivision 10 is included in the purchase price of all architectural paint sold in the state.

 

(c) Any retailer may participate, on a voluntary basis, as a designated collection point pursuant to a product stewardship program under this section and in accordance with applicable law.

 

(d) No retailer or distributor shall be found to be in violation of this subdivision if, on the date the architectural paint was ordered from the producer or its agent, the producer was listed as compliant on the agency's website according to subdivision 14.

 

Subd. 12.  Stewardship reports.  Beginning October 1, 2015, By April 1 each year, producers of architectural paint sold in the state must individually or through a stewardship organization submit an annual report to the agency commissioner describing the product stewardship program for the preceding calendar year.  At a minimum, the report must contain:

 

(1) a description of the methods used to collect, transport, and process architectural paint in all regions of the state;

 

(2) the weight of all architectural paint collected in all regions of the state and a comparison to the performance goals and recycling rates established in the stewardship plan;


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(3) the amount of unwanted architectural paint collected in the state by method of disposition, including reuse, recycling, and other methods of processing;

 

(4) samples of educational materials provided to consumers and an evaluation of the effectiveness of the materials and the methods used to disseminate the materials; and

 

(5) an independent financial audit.

 

Subd. 13.  Data classification.  Trade secret and sales information, as defined under section 13.37, submitted to the agency commissioner under this section are private or nonpublic data under section 13.37.

 

Subd. 14.  Agency Commissioner responsibilities.  The agency shall commissioner must provide, on its the agency's website, a list of all compliant producers and brands participating in stewardship plans that the agency commissioner has approved and a list of all producers and brands the agency commissioner has identified as noncompliant with this section.

 

Subd. 15.  Local government responsibilities.  (a) A city, county, or other public agency may choose to participate voluntarily in a product stewardship program.

 

(b) Cities, counties, and other public agencies are encouraged to work with producers and stewardship organizations to assist in meeting product stewardship program reuse and recycling obligations, by providing education and outreach or using other strategies.

 

(c) A city, county, or other public agency that participates in a product stewardship program must report for the first year of the program to the agency commissioner using the reporting form provided by the agency commissioner on the cost savings as a result of participation and must describe how the savings were used.

 

Subd. 16.  Administrative fee.  (a) The stewardship organization or individual producer submitting a stewardship plan shall must pay an annual administrative fee to the commissioner.  The agency commissioner may establish a variable fee based on relevant factors, including, but not limited to, the portion of architectural paint sold in the state by members of the organization compared to the total amount of architectural paint sold in the state by all organizations submitting a stewardship plan.

 

(b) Prior to July 1, 2014, and Before July 1 annually thereafter each year, the agency shall commissioner must identify the costs it the agency incurs under this section.  The agency shall commissioner must set the fee at an amount that, when paid by every stewardship organization or individual producer that submits a stewardship plan, is adequate to reimburse the agency's full costs of administering this section.  The total amount of annual fees collected under this subdivision must not exceed the amount necessary to reimburse costs incurred by the agency to administer this section.

 

(c) A stewardship organization or individual producer subject to this subdivision must pay the agency's commissioner's administrative fee under paragraph (a) on or before July 1, 2014, and annually thereafter each year.  Each year after the initial payment, the annual administrative fee may not exceed five percent of the aggregate stewardship assessment added to the cost of all architectural paint sold by producers in the state for the preceding calendar year.

 

(d) All fees received under this section shall must be deposited in the state treasury and credited to a product stewardship account in the special revenue fund.  For fiscal years 2014, 2015, 2016, and 2017, The amount collected under this section is annually appropriated to the agency commissioner to implement and enforce this section.


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Subd. 17.  Duty to provide information.  Upon request of the commissioner for purposes of determining compliance with this section, a person must furnish to the commissioner any information that the person has or may reasonably obtain.

 

Sec. 9.  Minnesota Statutes 2022, section 115A.49, is amended to read:

 

115A.49 SOLID WASTE MANAGEMENT PROJECTS CAPITAL ASSISTANCE PROGRAM.

 

(a) There is established a program to encourage and assist cities, counties, solid waste management districts, and sanitary districts in the development and implementation of solid waste management projects and to transfer the knowledge and experience gained from such projects to other communities in the state. 

 

(b) The program must be administered to encourage local communities to develop feasible and prudent alternatives to disposal, including: 

 

(1) waste reduction;

 

(2) reuse;

 

(3) recycling;

 

(4) composting source-separated compostable materials or yard waste;

 

(5) resource recovery;

 

(6) waste separation by generators, collectors, and other persons; and

 

(7) waste processing. 

 

(c) The commissioner shall administer the program in accordance with the requirements of according to sections 115A.49 to 115A.54 and rules promulgated adopted under chapter 14.  In administering the program, the commissioner shall give priority to projects in the order of preference of the waste management practices listed in section 115A.02.  The commissioner shall give special consideration to areas where natural geologic and soil conditions are especially unsuitable for land disposal of solid waste; areas where the capacity of existing solid waste disposal facilities is determined by the commissioner to be less than five years; and projects serving more than one local government unit.

 

Sec. 10.  Minnesota Statutes 2022, section 115A.51, is amended to read:

 

115A.51 APPLICATION REQUIREMENTS.

 

(a) Applications for assistance under the program must demonstrate:

 

(1) that the project is conceptually and technically feasible;

 

(2) that affected political subdivisions are committed to implement the project, to provide necessary local financing, and to accept and exercise the government powers necessary to the project;

 

(3) that operating revenues from the project, considering the availability and security of sources of solid waste and of markets for recovered resources or the availability of materials for waste reduction or reuse, together with any proposed federal, state, or local financial assistance, will be sufficient to pay all costs over the projected life of the project;


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(4) that the applicant has evaluated the feasible and prudent alternatives to disposal, including using existing solid waste management facilities and facilities conducting waste reduction or reuse with reasonably available capacity sufficient to accomplish the goals of the proposed project, and has compared and evaluated the costs of the alternatives, including capital and operating costs, and the effects of the alternatives on the cost to generators;

 

(5) that the applicant has identified:

 

(i) waste management objectives in applicable county and regional solid waste management plans consistent with section 115A.46, subdivision 2, paragraphs (e) and (f), or 473.149, subdivision 1; and

 

(ii) other solid waste management facilities and facilities conducting waste reduction or reuse identified in the county and regional plans; and

 

(6) that the applicant has conducted a comparative analysis of the project against existing public and private solid waste management facilities and facilities conducting waste reduction or reuse, including an analysis of potential displacement of those facilities, to determine whether the project is the most appropriate alternative to achieve the identified waste management objectives that considers:

 

(i) conformity with approved county or regional solid waste management plans;

 

(ii) consistency with the state's solid waste hierarchy and section 115A.46, subdivision 2, paragraphs (e) and (f), or 473.149, subdivision 1; and

 

(iii) environmental standards related to public health, air, surface water, and groundwater.;

 

(7) that the applicant has evaluated the project's environmental impact on climate change, including greenhouse gas emissions; and

 

(8) that the applicant has reviewed the project's impact on environmental justice areas, conducted stakeholder engagement, and assessed community input.

 

(b) The commissioner may must require completion of a comprehensive solid waste management plan conforming to the requirements of section 115A.46, before accepting an application.  Within five days of filing an application with the agency, the applicant must submit a copy of the application to each solid waste management facility, including each facility used for waste reduction or reuse, mentioned in the portion of the application addressing the requirements of paragraph (a), clauses (5) and (6).

 

Sec. 11.  Minnesota Statutes 2022, section 115A.54, subdivision 1, is amended to read:

 

Subdivision 1.  Purposes; public interest; declaration of policy.  The legislature finds that the establishment of waste processing acquiring, establishing, and improving facilities that conduct waste reduction, reuse, recycling, composting source-separated compostable materials or yard waste, resource recovery, and waste processing and transfer stations serving such facilities is needed to reduce and manage properly the solid waste generated in the state and to conserve and protect the natural resources in the state and the health, safety, and welfare of its citizens; that opportunities to acquire, establish, and improve the facilities and transfer stations are not being fully realized by individual political subdivisions or by agreements among subdivisions; and that therefore it is necessary to provide capital assistance to stimulate and encourage the acquisition, establishment, and betterment improvement of the facilities and transfer stations.


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Sec. 12.  Minnesota Statutes 2022, section 115A.54, subdivision 2, is amended to read:

 

Subd. 2.  Administration; assurance of funds.  The commissioner shall provide technical and financial assistance for the acquisition and betterment of to acquire, establish, and improve the facilities and transfer stations from revenues derived from the issuance of issuing bonds authorized by section 115A.58.  Facilities for the incineration of incinerating solid waste without resource recovery are not eligible for assistance.  Money appropriated for the purposes of the demonstration program may be distributed as grants or loans.  An individual project may receive assistance totaling up to 100 percent of the capital cost of the project and grants up to 50 75 percent of the capital cost of the project.  No grant or loan shall be disbursed to any recipient until the commissioner has determined the total estimated capital cost of the project and ascertained that financing of the cost is assured by funds provided by the state, by an agency of the federal government within the amount of funds then appropriated to that agency and allocated by it to projects within the state, by any person, or by the appropriation of proceeds of bonds or other funds of the recipient to a fund for the construction of constructing the project.

 

Sec. 13.  Minnesota Statutes 2022, section 115A.54, subdivision 2a, as amended by Laws 2023, chapter 25, section 34, is amended to read:

 

Subd. 2a.  Solid waste management projects.  (a) The commissioner shall provide technical and financial assistance for the acquisition and betterment of to acquire, establish, and improve solid waste management projects as provided in this subdivision and section 115A.52.  Money appropriated for the purposes of this subdivision must be distributed as grants.

 

(b) Except as provided in paragraph (c) or (d), a project may receive grant assistance up to 25 percent of the capital cost of the project or $2,000,000 $5,000,000, whichever is less, except that projects constructed as a result of intercounty cooperative agreements may receive the lesser of:

 

(1) grant assistance up to 25 percent of the capital cost of the project; or

 

(2) $2,000,000 $5,000,000 times the number of participating counties, whichever is less.

 

(c) A recycling project or, a project to compost or cocompost source-separated compostable material or yard waste, or a project to manage household hazardous waste may receive grant assistance up to 50 percent of the capital cost of the project or $2,000,000 $5,000,000, whichever is less, except that projects completed as a result of intercounty cooperative agreements may receive the lesser of: 

 

(1) grant assistance up to 50 percent of the capital cost of the project; or

 

(2) $2,000,000 $5,000,000 times the number of participating counties, whichever is less. 

 

(d) The following projects may also receive grant assistance in the amounts specified in paragraph (c):

 

(1) a project to improve control of or reduce air emissions at an existing resource recovery facility; and

 

(2) a project to substantially increase the recovery of materials or energy, substantially reduce the amount or toxicity of waste processing residuals, or expand the capacity of an existing resource recovery facility to meet the resource recovery needs of an expanded region if each county from which waste is or would be received has achieved a recycling rate in excess of the goals in section 115A.551, and is implementing aggressive waste reduction and household hazardous waste management programs.


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(e) A waste reduction project or reuse project may receive grant assistance up to 75 percent of the capital cost of the project or $5,000,000, whichever is less, except that projects completed as a result of intercounty cooperative agreements may receive the lesser of:

 

(1) grant assistance up to 75 percent of the capital cost of the project; or

 

(2) $5,000,000 times the number of participating counties.

 

(e) (f) Notwithstanding paragraph (f) (g), the commissioner may award grants for transfer stations that will initially transfer waste to landfills if the transfer stations are part of a planned resource recovery project, the county where the planned resource recovery facility will be located has a comprehensive solid waste management plan approved by the commissioner, and the solid waste management plan proposes the development of the resource recovery facility.  If the proposed resource recovery facility is not in place and operating within 16 years of the date of the grant award, the recipient shall repay the grant amount to the state.

 

(f) (g) Projects without waste reduction, reuse, recycling, composting source-separated compostable material or yard waste, or resource recovery are not eligible for assistance.  Solid waste disposal facilities and equipment are not eligible for assistance.

 

(g) (h) In addition to any assistance received under paragraph (b), (c), or (d), or (e), a project may receive grant assistance for the cost of tests necessary to determine the appropriate pollution control equipment for the project or the environmental effects of the use of any product or material produced by the project.

 

(h) (i) In addition to the application requirements of section 115A.51, an application for a project serving eligible jurisdictions in only a single county must demonstrate that cooperation with jurisdictions in other counties to develop the project is not needed or not feasible.  Each application must also demonstrate that the project is not financially prudent without the state assistance, because of the applicant's financial capacity and the problems inherent in the waste management situation in the area, particularly transportation distances and limited waste supply and markets for resources recovered.

 

(i) (j) For the purposes of this subdivision, a "project" means acquisition, establishment, or improvement of a processing facility, that conducts waste reduction, reuse, recycling, composting source-separated compostable materials or yard waste, resource recovery, or waste processing, together with any transfer stations, transmission facilities, and other related and appurtenant facilities primarily serving the processing facility. 

 

(k) The commissioner shall adopt rules for the program by July 1, 1985.

 

(j) (l) Notwithstanding anything in this subdivision to the contrary, a project to construct a new mixed municipal solid waste transfer station that has an enforceable commitment of at least ten years, or of sufficient length to retire bonds sold for the facility, to serve an existing resource recovery facility may receive grant assistance up to 75 percent of the capital cost of the project if addition of the transfer station will increase substantially the geographical area served by the resource recovery facility and the ability of the resource recovery facility to operate more efficiently on a regional basis and the facility meets the criteria in paragraph (d), clause (2).  A transfer station eligible for assistance under this paragraph is not eligible for assistance under any other paragraph of this subdivision.

 

Sec. 14.  Minnesota Statutes 2022, section 115A.565, subdivision 1, is amended to read:

 

Subdivision 1.  Grant program established.  The commissioner must make competitive grants to political subdivisions or federally recognized Tribes to establish curbside recycling or composting, increase for waste reduction, reuse, recycling or, and composting, reduce the amount of recyclable materials entering disposal facilities,


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or reduce the costs associated with hauling waste by locating collection sites as close as possible to the site where the waste is generated of source-separated compostable materials or yard waste.  To be eligible for grants under this section, a political subdivision or federally recognized Tribe must be located outside the seven-county metropolitan area and a city must have a population of less than 45,000.

 

Sec. 15.  Minnesota Statutes 2022, section 115A.565, subdivision 3, is amended to read:

 

Subd. 3.  Priorities; eligible projects.  (a) If applications for grants exceed the available appropriations, grants must be made for projects that, in the commissioner's judgment, provide the highest return in public benefits.

 

(b) To be eligible to receive a grant, a project must:

 

(1) be locally administered;

 

(2) have an educational component and measurable outcomes;

 

(3) request $250,000 or less;

 

(4) demonstrate local direct and indirect matching support of at least a quarter amount of the grant request; and

 

(5) include at least one of the following elements:

 

(i) transition to residential recycling through curbside or centrally located collection sites;

 

(ii) development of local recycling systems to support curbside recycling; or

 

(iii) development or expansion of local recycling systems to support recycling bulk materials, including, but not limited to, electronic waste.

 

(i) waste reduction;

 

(ii) reuse;

 

(iii) recycling; or

 

(iv) composting of source-separated compostable materials or yard waste; and

 

(6) demonstrate that the project will reduce waste generation through waste reduction or reuse or that the project will increase the amount of recyclable materials or source-separated compostable materials diverted from a disposal facility.

 

Sec. 16.  [115A.993] PROHIBITED DISPOSAL METHODS.

 

A person must not dispose of waste treated seed in a manner inconsistent with the product label, where applicable, or by:

 

(1) burial near a drinking water source or any creek, stream, river, lake, or other surface water;

 

(2) composting; or

 

(3) incinerating within a home or other dwelling.


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Sec. 17.  Minnesota Statutes 2022, section 115B.17, subdivision 14, is amended to read:

 

Subd. 14.  Requests for review, investigation, and oversight.  (a) The commissioner may, upon request, assist a person in determining whether real property has been the site of a release or threatened release of a hazardous substance, pollutant, or contaminant.  The commissioner may also assist in, or supervise, the development and implementation of reasonable and necessary response actions.  Assistance may include review of agency records and files, and review and approval of a requester's investigation plans and reports and response action plans and implementation.

 

(b) Except as otherwise provided in this paragraph, the person requesting assistance under this subdivision shall pay the agency for the agency's cost, as determined by the commissioner, of providing assistance.  A state agency, political subdivision, or other public entity is not required to pay for the agency's cost to review agency records and files.  Money received by the agency for assistance under this section The first $350,000 received annually by the agency for assistance under this subdivision from persons who are not otherwise responsible under sections 115B.01 to 115B.18 must be deposited in the remediation fund and is exempt from section 16A.1285.  Money received after the first $350,000 must be deposited in the state treasury and credited to an account in the special revenue fund.  Money in the account is annually appropriated to the commissioner for the purposes of administering this subdivision.

 

(c) When a person investigates a release or threatened release in accordance with an investigation plan approved by the commissioner under this subdivision, the investigation does not associate that person with the release or threatened release for the purpose of section 115B.03, subdivision 3, paragraph (a), clause (4).

 

Sec. 18.  Minnesota Statutes 2022, section 115B.171, subdivision 3, is amended to read:

 

Subd. 3.  Test reporting.  (a) By January March 15 each year, the commissioner of the Pollution Control Agency must report to each community in the east metropolitan area a summary of the results of the testing for private wells in the community.  The report must include information on the number of wells tested and trends of PFC contamination in private wells in the community.  Reports to communities under this section must also be published on the Pollution Control Agency's website.

 

(b) By January March 15 each year, the commissioner of the Pollution Control Agency must report to the legislature, as provided in section 3.195, on the testing for private wells conducted in the east metropolitan area, including copies of the community reports required in paragraph (a), the number of requests for well testing in each community, and the total amount spent for testing private wells in each community.

 

Sec. 19.  Minnesota Statutes 2022, section 115B.52, subdivision 4, is amended to read:

 

Subd. 4.  Reporting.  The commissioner of the Pollution Control Agency and the commissioner of natural resources must jointly submit:

 

(1) by April 1, 2019, an implementation plan detailing how the commissioners will:

 

(i) determine how the priorities in the settlement will be met and how the spending will move from the first priority to the second priority and the second priority to the third priority outlined in the settlement; and

 

(ii) evaluate and determine what projects receive funding;

 

(2) by February 1 and August 1 October 1 each year, a biannual report to the chairs and ranking minority members of the legislative policy and finance committees with jurisdiction over environment and natural resources on expenditures from the water quality and sustainability account during the previous six months fiscal year; and


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(3) by August October 1, 2019 2023, and each year thereafter, a report to the legislature on expenditures from the water quality and sustainability account during the previous fiscal year and a spending plan for anticipated expenditures from the account during the current fiscal year.

 

Sec. 20.  [116.064] ODOR MANAGEMENT.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Objectionable odor" means pollution of the ambient air beyond the property line of a facility consisting of an odor that, considering its characteristics, intensity, frequency, and duration:

 

(1) is, or can reasonably be expected to be, injurious to public health or welfare; or

 

(2) unreasonably interferes with the enjoyment of life or the use of property of persons exposed to the odor.

 

(c) "Odor complaint" means a notification received and recorded by the agency or by a political subdivision from an identifiable person that describes the nature, duration, and location of the odor.

 

Subd. 2.  Application.  This section applies to facilities that are located in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington.

 

Subd. 3.  Prohibition.  No person may cause or allow emission into the ambient air of any substance or combination of substances in quantities that produce an objectionable odor beyond the property line of the facility that is the source of the odor.

 

Subd. 4.  Odor complaints; investigation.  (a) The agency must conduct a site investigation of any facility against which ten or more verifiable odor complaints have been submitted to the agency or to local government officials within 48 hours.  The investigation must include:

 

(1) an interview with the owner or operator of the facility against which the complaint was made;

 

(2) a physical examination of the facilities, equipment, operations, conditions, methods, storage areas for material inputs, chemicals and waste, and any other factors that may contribute to or are designed to mitigate the emission of odors; and

 

(3) testing at locations identified in the odor complaints and at other locations beyond the property line of the facility that is the source of the odor using a precision instrument capable of measuring odors in ambient air.

 

(b) The commissioner, based upon the agency's site investigation and the results of odor testing and considering the nature, intensity, frequency, and duration of the odor and other relevant factors, shall determine whether the odor emitted from the facility constitutes an objectionable odor.  In making the determination, the commissioner may consider the opinions of a random sample of persons exposed to samples of the odor taken from ambient air beyond the property line of the facility that is the source of the odor.

 

(c) The agency must notify officials in local jurisdictions:

 

(1) of odor complaints filed with the agency regarding properties within the local jurisdiction;

 

(2) of any investigation of an odor complaint conducted by the agency at a facility within the local jurisdiction and the results of the investigation;