1256 | | - | 36.12Sec. 6. CONSERVATION CORPS |
---|
1257 | | - | 36.13MINNESOTA AND IOWA |
---|
1258 | | - | 36.14 Appropriations by Fund |
---|
1259 | | - | 202736.15 2026 |
---|
1260 | | - | 580,000580,00036.16General |
---|
1261 | | - | 490,000490,00036.17Natural Resources |
---|
1262 | | - | 36.18Conservation Corps Minnesota and Iowa may |
---|
1263 | | - | 36.19receive money appropriated from the natural |
---|
1264 | | - | 36.20resources fund under this section only as |
---|
1265 | | - | 36.21provided in an agreement with the |
---|
1266 | | - | 36.22commissioner of natural resources. |
---|
1267 | | - | 14,532,000$14,180,000$36.23Sec. 7. ZOOLOGICAL BOARD |
---|
1268 | | - | 36.24 Appropriations by Fund |
---|
1269 | | - | 202736.25 2026 |
---|
1270 | | - | 14,277,00013,925,00036.26General |
---|
1271 | | - | 255,000255,00036.27Natural Resources |
---|
1272 | | - | 36.28$255,000 the first year and $255,000 the |
---|
1273 | | - | 36.29second year are from the natural resources |
---|
1274 | | - | 36.30fund from revenue deposited under Minnesota |
---|
1275 | | - | 36.31Statutes, section 297A.94, paragraph (h), |
---|
1276 | | - | 36.32clause (5). |
---|
1277 | | - | 1,260,000$1,260,000$36.33Sec. 8. SCIENCE MUSEUM |
---|
1278 | | - | 36Article 1 Sec. 8. |
---|
1279 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 0$198,000$ |
---|
1280 | | - | 37.1Sec. 9. LEGISLATIVE COORDINATING |
---|
1281 | | - | 37.2COMMISSION |
---|
1282 | | - | 37.3$198,000 the first year is for the administrative |
---|
1283 | | - | 37.4costs of the Sustainable Foraging Task Force. |
---|
1284 | | - | 37.5This is a onetime appropriation |
---|
1285 | | - | 37.6 Sec. 10. Laws 2023, chapter 60, article 1, section 2, subdivision 10, is amended to read: |
---|
1286 | | - | 37.7Subd. 10.Transfers |
---|
1287 | | - | 37.8(a) The commissioner must transfer up to |
---|
1288 | | - | 37.9$24,000,000 the first year and $24,000,000 |
---|
1289 | | - | 37.10the second year from the environmental fund |
---|
1290 | | - | 37.11to the remediation fund for purposes of the |
---|
1291 | | - | 37.12remediation fund under Minnesota Statutes, |
---|
1292 | | - | 37.13section 116.155, subdivision 2. The base for |
---|
1293 | | - | 37.14this transfer is $24,000,000 in fiscal year 2026 |
---|
1294 | | - | 37.15and beyond. |
---|
1295 | | - | 37.16(b) By June 30, 2024, the commissioner of |
---|
1296 | | - | 37.17management and budget must transfer |
---|
1297 | | - | 37.18$27,397,000 from the general fund to the |
---|
1298 | | - | 37.19metropolitan landfill contingency action trust |
---|
1299 | | - | 37.20account in the remediation fund to restore the |
---|
1300 | | - | 37.21money transferred from the account as |
---|
1301 | | - | 37.22intended under Laws 2003, chapter 128, article |
---|
1302 | | - | 37.231, section 10, paragraph (e), and Laws 2005, |
---|
1303 | | - | 37.24First Special Session chapter 1, article 3, |
---|
1304 | | - | 37.25section 17, and to compensate the account for |
---|
1305 | | - | 37.26the estimated lost investment income. |
---|
1306 | | - | 37.27(c) Beginning in fiscal year 2024, the |
---|
1307 | | - | 37.28commissioner of management and budget must |
---|
1308 | | - | 37.29transfer $100,000 each year from the general |
---|
1309 | | - | 37.30fund to the metropolitan landfill contingency |
---|
1310 | | - | 37.31action trust account in the remediation fund |
---|
1311 | | - | 37.32to restore the money transferred from the |
---|
1312 | | - | 37.33account as intended under Laws 2003, chapter |
---|
1313 | | - | 37.34128, article 1, section 10, paragraph (e), and |
---|
1314 | | - | 37Article 1 Sec. 10. |
---|
1315 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 38.1Laws 2005, First Special Session chapter 1, |
---|
1316 | | - | 38.2article 3, section 17. |
---|
1317 | | - | 38.3 Sec. 11. CANCELLATION. |
---|
1318 | | - | 38.4 $3,915,000 of the unencumbered balance of the general fund appropriation from Laws |
---|
1319 | | - | 38.52022, chapter 95, article 3, section 6, paragraph (b), cancels no later than June 30, 2025. |
---|
1320 | | - | 38.6 ARTICLE 2 |
---|
1321 | | - | 38.7ENVIRONMENT AND NATURAL RESOURCES TRUST FUND APPROPRIATIONS |
---|
1322 | | - | 38.8Section 1. APPROPRIATIONS. |
---|
1323 | | - | 38.9 The sums shown in the columns marked "Appropriations" are appropriated to the agencies |
---|
1324 | | - | 38.10and for the purposes specified in this article. The appropriations are from the environment |
---|
1325 | | - | 38.11and natural resources trust fund, or another named fund, and are available for the fiscal |
---|
1326 | | - | 38.12years indicated for each purpose. The figures "2026" and "2027" used in this article mean |
---|
1327 | | - | 38.13that the appropriations listed under them are available for the fiscal year ending June 30, |
---|
1328 | | - | 38.142026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" |
---|
1329 | | - | 38.15is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027. Any unencumbered |
---|
1330 | | - | 38.16balance remaining in the first year does not cancel and is available for the second year or |
---|
1331 | | - | 38.17until the end of the appropriation. These are onetime appropriations. |
---|
1332 | | - | 38.18 APPROPRIATIONS |
---|
1333 | | - | 38.19 Available for the Year |
---|
1334 | | - | 38.20 Ending June 30 |
---|
1335 | | - | 202738.21 2026 |
---|
1336 | | - | 38.22Sec. 2. MINNESOTA RESOURCES |
---|
1337 | | - | 0$103,326,000$38.23Subdivision 1.Total Appropriation |
---|
1338 | | - | 38.24This appropriation is from the environment |
---|
1339 | | - | 38.25and natural resources trust fund. The amounts |
---|
1340 | | - | 38.26that may be spent for each purpose are |
---|
1341 | | - | 38.27specified in the following subdivisions. |
---|
1342 | | - | 38.28Subd. 2.Definition |
---|
1343 | | - | 38.29"Trust fund" means the Minnesota |
---|
1344 | | - | 38.30environment and natural resources trust fund |
---|
1345 | | - | 38.31established under the Minnesota Constitution, |
---|
1346 | | - | 38.32article XI, section 14. |
---|
1347 | | - | 38Article 2 Sec. 2. |
---|
1348 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM -0-22,084,000 |
---|
1349 | | - | 39.1Subd. 3.Foundational Natural Resource Data |
---|
1350 | | - | 39.2and Information |
---|
1351 | | - | 39.3(a) Fond du Lac Deer Study - Phase 1 |
---|
1352 | | - | 39.4$1,441,000 the first year is from the trust fund |
---|
1353 | | - | 39.5to the Minnesota State Colleges and |
---|
1354 | | - | 39.6Universities for Bemidji State University to |
---|
1355 | | - | 39.7collect baseline deer demographic, movement, |
---|
1356 | | - | 39.8and habitat-use data before elk restoration to |
---|
1357 | | - | 39.9better inform management of both elk and deer |
---|
1358 | | - | 39.10populations on the Fond du Lac Reservation |
---|
1359 | | - | 39.11and surrounding areas. |
---|
1360 | | - | 39.12(b) Are All Walleye Created Equal? Probably |
---|
1361 | | - | 39.13Not. |
---|
1362 | | - | 39.14$298,000 the first year is from the trust fund |
---|
1363 | | - | 39.15to the Board of Regents of the University of |
---|
1364 | | - | 39.16Minnesota to investigate Minnesota walleye |
---|
1365 | | - | 39.17strain physiology and disease responses to |
---|
1366 | | - | 39.18warming water and to build a tool to guide |
---|
1367 | | - | 39.19adaptive management of walleye in a warming |
---|
1368 | | - | 39.20climate. |
---|
1369 | | - | 39.21(c) Deer Survival Within Minnesota's Densest |
---|
1370 | | - | 39.22Wolf Population |
---|
1371 | | - | 39.23$809,000 the first year is from the trust fund |
---|
1372 | | - | 39.24to the Board of Regents of the University of |
---|
1373 | | - | 39.25Minnesota to evaluate how wolves, winter |
---|
1374 | | - | 39.26severity, and habitat affect deer mortality and |
---|
1375 | | - | 39.27survival across space and time within the |
---|
1376 | | - | 39.28Voyageurs region. |
---|
1377 | | - | 39.29(d) Evaluating Anticoagulant Rodenticide |
---|
1378 | | - | 39.30Exposure in Minnesota's Carnivores |
---|
1379 | | - | 39.31$247,000 the first year is from the trust fund |
---|
1380 | | - | 39.32to the Board of Regents of the University of |
---|
1381 | | - | 39.33Minnesota for the Natural Resources Research |
---|
1382 | | - | 39.34Institute in Duluth to determine anticoagulant |
---|
1383 | | - | 39.35rodenticide exposure rates and concentrations |
---|
1384 | | - | 39Article 2 Sec. 2. |
---|
1385 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 40.1in Minnesota bobcats and fishers, factors |
---|
1386 | | - | 40.2influencing exposure risk, and negative effects |
---|
1387 | | - | 40.3of rodenticide exposure on carnivore health. |
---|
1388 | | - | 40.4(e) Digitizing the Science Museum of |
---|
1389 | | - | 40.5Minnesota's Mollusk Specimens |
---|
1390 | | - | 40.6$386,000 the first year is from the trust fund |
---|
1391 | | - | 40.7to the Science Museum of Minnesota to make |
---|
1392 | | - | 40.8the museum's Minnesota mollusk specimen |
---|
1393 | | - | 40.9collection available for research and education |
---|
1394 | | - | 40.10by identifying and organizing all relevant |
---|
1395 | | - | 40.11specimens and digitizing the museum's data. |
---|
1396 | | - | 40.12(f) Integrating Wildlife Objectives in Long-Term |
---|
1397 | | - | 40.13Forest Management Planning |
---|
1398 | | - | 40.14$316,000 the first year is from the trust fund |
---|
1399 | | - | 40.15to the Board of Regents of the University of |
---|
1400 | | - | 40.16Minnesota to develop a harvest-scheduling |
---|
1401 | | - | 40.17model that integrates wildlife habitat metrics |
---|
1402 | | - | 40.18with timber production objectives in the |
---|
1403 | | - | 40.19forest-planning process for more sustainable |
---|
1404 | | - | 40.20forest landscape-level outcomes. |
---|
1405 | | - | 40.21(g) Surveying Minnesota's Secretive Marsh |
---|
1406 | | - | 40.22Birds |
---|
1407 | | - | 40.23$413,000 the first year is from the trust fund |
---|
1408 | | - | 40.24to the commissioner of natural resources for |
---|
1409 | | - | 40.25an agreement with the National Audubon |
---|
1410 | | - | 40.26Society, Upper Mississippi River office, to |
---|
1411 | | - | 40.27conduct a breeding marsh bird survey and |
---|
1412 | | - | 40.28provide state and federal agencies with an |
---|
1413 | | - | 40.29assessment of marsh bird population status |
---|
1414 | | - | 40.30and wetland habitat. This appropriation is |
---|
1415 | | - | 40.31available until June 30, 2029, by which time |
---|
1416 | | - | 40.32the project must be completed and final |
---|
1417 | | - | 40.33products delivered. |
---|
1418 | | - | 40.34(h) Improving Conservation Outcomes for |
---|
1419 | | - | 40.35Imperiled Wood Turtles |
---|
1420 | | - | 40Article 2 Sec. 2. |
---|
1421 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 41.1$242,000 the first year is from the trust fund |
---|
1422 | | - | 41.2to the Minnesota Zoological Society to restore |
---|
1423 | | - | 41.3imperiled wood turtles by increasing remnant |
---|
1424 | | - | 41.4populations, quantifying effectiveness of |
---|
1425 | | - | 41.5habitat management strategies, establishing |
---|
1426 | | - | 41.6baseline information on disease prevalence, |
---|
1427 | | - | 41.7and creating a new decision-support tool for |
---|
1428 | | - | 41.8prioritizing future conservation actions. |
---|
1429 | | - | 41.9(i) Maximizing the Impact of Wildlife Movement |
---|
1430 | | - | 41.10Data |
---|
1431 | | - | 41.11$216,000 the first year is from the trust fund |
---|
1432 | | - | 41.12to the Board of Regents of the University of |
---|
1433 | | - | 41.13Minnesota to create a centralized and |
---|
1434 | | - | 41.14accessible database of wildlife movement data |
---|
1435 | | - | 41.15from prior trust fund-supported studies and |
---|
1436 | | - | 41.16demonstrate tools biologists can use to analyze |
---|
1437 | | - | 41.17these data to benefit Minnesota wildlife. |
---|
1438 | | - | 41.18(j) Expanding the Statewide Motus Wildlife |
---|
1439 | | - | 41.19Tracking Network |
---|
1440 | | - | 41.20$234,000 the first year is from the trust fund |
---|
1441 | | - | 41.21to the Minnesota Zoological Society to expand |
---|
1442 | | - | 41.22the statewide Motus Wildlife Tracking System |
---|
1443 | | - | 41.23network into southwestern Minnesota and the |
---|
1444 | | - | 41.24North Shore to guide the conservation of |
---|
1445 | | - | 41.25imperiled grassland and boreal migratory birds |
---|
1446 | | - | 41.26and other wildlife. This appropriation may |
---|
1447 | | - | 41.27also be used to develop outreach and |
---|
1448 | | - | 41.28interpretive materials for Motus sites. |
---|
1449 | | - | 41.29(k) Updating and Sharing Information on |
---|
1450 | | - | 41.30Minnesota's Tick Biodiversity |
---|
1451 | | - | 41.31$186,000 the first year is from the trust fund |
---|
1452 | | - | 41.32to the Board of Regents of the University of |
---|
1453 | | - | 41.33Minnesota to collaborate with wildlife |
---|
1454 | | - | 41.34organizations and community scientists to |
---|
1455 | | - | 41.35survey the biodiversity and distribution of |
---|
1456 | | - | 41Article 2 Sec. 2. |
---|
1457 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 42.1ticks in Minnesota and create a publicly |
---|
1458 | | - | 42.2accessible GIS dashboard to share results and |
---|
1459 | | - | 42.3potential disease implications with the public |
---|
1460 | | - | 42.4and wildlife managers. |
---|
1461 | | - | 42.5(l) Small Mammals and Hunter Participation: |
---|
1462 | | - | 42.6Expanded Offal Wildlife Watching |
---|
1463 | | - | 42.7$563,000 the first year is from the trust fund |
---|
1464 | | - | 42.8to the Board of Regents of the University of |
---|
1465 | | - | 42.9Minnesota to expand and assess hunter |
---|
1466 | | - | 42.10participation in monitoring scavenger use of |
---|
1467 | | - | 42.11deer gut piles, assess small mammal |
---|
1468 | | - | 42.12occurrence and contaminant and disease |
---|
1469 | | - | 42.13exposure risk at offal sites, and study how |
---|
1470 | | - | 42.14messaging impacts hunters' use of lead |
---|
1471 | | - | 42.15ammunition. |
---|
1472 | | - | 42.16(m) Green Heron as an Indicator of |
---|
1473 | | - | 42.17Wetland-Dependent Species |
---|
1474 | | - | 42.18$424,000 the first year is from the trust fund |
---|
1475 | | - | 42.19to the Board of Regents of the University of |
---|
1476 | | - | 42.20Minnesota to collect data on the year-round |
---|
1477 | | - | 42.21habitat use and migratory movements of green |
---|
1478 | | - | 42.22herons, assess potential factors leading to |
---|
1479 | | - | 42.23population decline, and identify conservation |
---|
1480 | | - | 42.24strategies to benefit the green heron and other |
---|
1481 | | - | 42.25wetland-dependent bird species. |
---|
1482 | | - | 42.26(n) Visualizing Minnesota's Natural Resources |
---|
1483 | | - | 42.27with CT Scanning |
---|
1484 | | - | 42.28$955,000 the first year is from the trust fund |
---|
1485 | | - | 42.29to the Board of Regents of the University of |
---|
1486 | | - | 42.30Minnesota, Bell Museum of Natural History, |
---|
1487 | | - | 42.31to acquire a CT scanner, scan Bell Museum |
---|
1488 | | - | 42.32organismal specimens, create 3D prints from |
---|
1489 | | - | 42.33the scans, and share the data and prints through |
---|
1490 | | - | 42.34environmental education and research |
---|
1491 | | - | 42.35programs. The CT scanner purchased with this |
---|
1492 | | - | 42Article 2 Sec. 2. |
---|
1493 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 43.1appropriation must prioritize use by and be |
---|
1494 | | - | 43.2made available cost-free to other |
---|
1495 | | - | 43.3Minnesota-focused researchers for the duration |
---|
1496 | | - | 43.4of this appropriation. This appropriation may |
---|
1497 | | - | 43.5also be used for equipment, tools, and supplies |
---|
1498 | | - | 43.6needed to acquire, install, and use the scanner |
---|
1499 | | - | 43.7and print 3D models of scanned organisms. |
---|
1500 | | - | 43.8Net income generated as part of this |
---|
1501 | | - | 43.9appropriation may be reinvested in the project |
---|
1502 | | - | 43.10if a plan for reinvestment is approved in the |
---|
1503 | | - | 43.11work plan as provided under Minnesota |
---|
1504 | | - | 43.12Statutes, section 116P.10. |
---|
1505 | | - | 43.13(o) Mapping Human-Carnivore Conflicts in |
---|
1506 | | - | 43.14Human-Dominated Landscapes |
---|
1507 | | - | 43.15$563,000 the first year is from the trust fund |
---|
1508 | | - | 43.16to the Board of Regents of the University of |
---|
1509 | | - | 43.17Minnesota for the Natural Resources Research |
---|
1510 | | - | 43.18Institute in Duluth to evaluate bear, bobcat, |
---|
1511 | | - | 43.19and coyote habitat use, activity, and diet in |
---|
1512 | | - | 43.20Duluth and surrounding areas to map hotspots |
---|
1513 | | - | 43.21for human-carnivore conflicts and fill |
---|
1514 | | - | 43.22knowledge gaps to reduce conflicts. This |
---|
1515 | | - | 43.23appropriation is available until June 30, 2029, |
---|
1516 | | - | 43.24by which time the project must be completed |
---|
1517 | | - | 43.25and final products delivered. |
---|
1518 | | - | 43.26(p) Geologic Atlases for Water Resource |
---|
1519 | | - | 43.27Management |
---|
1520 | | - | 43.28$1,260,000 the first year is from the trust fund |
---|
1521 | | - | 43.29to the Board of Regents of the University of |
---|
1522 | | - | 43.30Minnesota, Minnesota Geological Survey, to |
---|
1523 | | - | 43.31continue to produce geologic atlas maps and |
---|
1524 | | - | 43.32databases to inform management of |
---|
1525 | | - | 43.33groundwater and surface water. This |
---|
1526 | | - | 43.34appropriation is to complete Part A, which |
---|
1527 | | - | 43.35focuses on the properties and distribution of |
---|
1528 | | - | 43.36earth materials to define aquifer boundaries |
---|
1529 | | - | 43Article 2 Sec. 2. |
---|
1530 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 44.1and the connection of aquifers to the land |
---|
1531 | | - | 44.2surface and surface water resources. |
---|
1532 | | - | 44.3(q) Leveraging Statewide Datasets for Native |
---|
1533 | | - | 44.4Rough Fish |
---|
1534 | | - | 44.5$250,000 the first year is from the trust fund |
---|
1535 | | - | 44.6to the Board of Regents of the University of |
---|
1536 | | - | 44.7Minnesota to construct species distribution |
---|
1537 | | - | 44.8models that predict presence and abundance |
---|
1538 | | - | 44.9of native rough fish species and identify |
---|
1539 | | - | 44.10potential areas for protection, additional |
---|
1540 | | - | 44.11monitoring, or restoration across the state. This |
---|
1541 | | - | 44.12appropriation may also be used to build an |
---|
1542 | | - | 44.13interactive mapping tool and share results. |
---|
1543 | | - | 44.14(r) The Impacts of Climate Change on |
---|
1544 | | - | 44.15Northeastern Minnesota |
---|
1545 | | - | 44.16$772,000 the first year is from the trust fund |
---|
1546 | | - | 44.17to the commissioner of natural resources for |
---|
1547 | | - | 44.18an agreement with Friends of the Boundary |
---|
1548 | | - | 44.19Waters Wilderness to work with collaborators |
---|
1549 | | - | 44.20to aggregate research, data, and other |
---|
1550 | | - | 44.21information about the impacts of climate |
---|
1551 | | - | 44.22change on the habitat and wildlife of |
---|
1552 | | - | 44.23northeastern Minnesota into a publicly |
---|
1553 | | - | 44.24available, web-based database. This |
---|
1554 | | - | 44.25appropriation is available until June 30, 2029, |
---|
1555 | | - | 44.26by which time the project must be completed |
---|
1556 | | - | 44.27and final products delivered. |
---|
1557 | | - | 44.28(s) Health and Disease Monitoring in Minnesota |
---|
1558 | | - | 44.29Wildlife |
---|
1559 | | - | 44.30$750,000 the first year is from the trust fund |
---|
1560 | | - | 44.31to the Board of Regents of the University of |
---|
1561 | | - | 44.32Minnesota, Minnesota Veterinary Diagnostic |
---|
1562 | | - | 44.33Laboratory, to collaborate with wildlife |
---|
1563 | | - | 44.34rehabilitation organizations and other wildlife |
---|
1564 | | - | 44.35health professionals throughout Minnesota to |
---|
1565 | | - | 44Article 2 Sec. 2. |
---|
1566 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 45.1enhance the state's health and disease |
---|
1567 | | - | 45.2surveillance, preparedness, and response |
---|
1568 | | - | 45.3efforts. |
---|
1569 | | - | 45.4(t) Affordable Statewide Tracking of Forestry |
---|
1570 | | - | 45.5Fragmentation and Degradation |
---|
1571 | | - | 45.6$331,000 the first year is from the trust fund |
---|
1572 | | - | 45.7to the Board of Regents of the University of |
---|
1573 | | - | 45.8Minnesota to merge aircraft and satellite |
---|
1574 | | - | 45.9LiDAR data to build a model and an |
---|
1575 | | - | 45.10interactive real-time web dashboard of forest |
---|
1576 | | - | 45.11boundaries that provides business-ready |
---|
1577 | | - | 45.12information about statewide forest |
---|
1578 | | - | 45.13fragmentation and degradation due to human |
---|
1579 | | - | 45.14activities and natural disasters. |
---|
1580 | | - | 45.15(u) Safeguarding Bees While Monitoring |
---|
1581 | | - | 45.16Pollinators and Nesting Habitats |
---|
1582 | | - | 45.17$590,000 the first year is from the trust fund |
---|
1583 | | - | 45.18to the Board of Regents of the University of |
---|
1584 | | - | 45.19Minnesota to pioneer low-mortality methods |
---|
1585 | | - | 45.20for monitoring bee populations and to |
---|
1586 | | - | 45.21investigate nest habitat materials and |
---|
1587 | | - | 45.22antimicrobial properties in cooperation with |
---|
1588 | | - | 45.23community scientists and management |
---|
1589 | | - | 45.24agencies. This appropriation is available until |
---|
1590 | | - | 45.25June 30, 2029, by which time the project must |
---|
1591 | | - | 45.26be completed and final products delivered. |
---|
1592 | | - | 45.27(v) Expanding the Application of Minnesota's |
---|
1593 | | - | 45.28Wetland Monitoring Data |
---|
1594 | | - | 45.29$312,000 the first year is from the trust fund |
---|
1595 | | - | 45.30to the commissioner of natural resources to |
---|
1596 | | - | 45.31use existing LiDAR and recurring aerial |
---|
1597 | | - | 45.32photographs to determine state grassland |
---|
1598 | | - | 45.33acreage and change over the last twenty years, |
---|
1599 | | - | 45.34evaluate key drivers of wetland change, and |
---|
1600 | | - | 45Article 2 Sec. 2. |
---|
1601 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 46.1use technology to improve Minnesota's |
---|
1602 | | - | 46.2wetland monitoring. |
---|
1603 | | - | 46.3(w) Enhancing the Value of Minnesota Public |
---|
1604 | | - | 46.4Grasslands |
---|
1605 | | - | 46.5$390,000 the first year is from the trust fund |
---|
1606 | | - | 46.6to the Board of Regents of the University of |
---|
1607 | | - | 46.7Minnesota to evaluate a combination of |
---|
1608 | | - | 46.8prescribed fire, brush mowing, and targeted |
---|
1609 | | - | 46.9conservation grazing to develop ready-to-use |
---|
1610 | | - | 46.10management strategies for public land |
---|
1611 | | - | 46.11managers to mitigate woody species |
---|
1612 | | - | 46.12encroachment and increase biodiversity and |
---|
1613 | | - | 46.13carbon sequestration in public grasslands. |
---|
1614 | | - | 46.14(x) Foundational Precision Agriculture Data to |
---|
1615 | | - | 46.15Reduce Environmental Impacts |
---|
1616 | | - | 46.16$1,255,000 the first year is from the trust fund |
---|
1617 | | - | 46.17to the Board of Regents of the University of |
---|
1618 | | - | 46.18Minnesota for the West Central Research and |
---|
1619 | | - | 46.19Outreach Center at Morris to establish data |
---|
1620 | | - | 46.20collection systems and methods at sentinel |
---|
1621 | | - | 46.21farm sites, develop and evaluate best |
---|
1622 | | - | 46.22management practices, and provide outreach |
---|
1623 | | - | 46.23and training to farmers to encourage adoption |
---|
1624 | | - | 46.24of precision agriculture technologies that |
---|
1625 | | - | 46.25reduce fertilizer and chemical use and improve |
---|
1626 | | - | 46.26water and air quality. |
---|
1627 | | - | 46.27(y) Continued Aggregate Resource Mapping |
---|
1628 | | - | 46.28$621,000 the first year is from the trust fund |
---|
1629 | | - | 46.29to the commissioner of natural resources to |
---|
1630 | | - | 46.30map the aggregate resource potential in the |
---|
1631 | | - | 46.31state of Minnesota and to make the |
---|
1632 | | - | 46.32information available in print and electronic |
---|
1633 | | - | 46.33format to local units of government to support |
---|
1634 | | - | 46.34informed land-use decisions and resource |
---|
1635 | | - | 46.35conservation. |
---|
1636 | | - | 46Article 2 Sec. 2. |
---|
1637 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 47.1(z) Advancing Collaborative Wild Rice |
---|
1638 | | - | 47.2Monitoring Program Technologies |
---|
1639 | | - | 47.3$900,000 the first year is from the trust fund |
---|
1640 | | - | 47.4to the commissioner of natural resources to |
---|
1641 | | - | 47.5continue efforts to create a framework for |
---|
1642 | | - | 47.6long-term wild rice monitoring for |
---|
1643 | | - | 47.7conservation and collaborate with Tribal and |
---|
1644 | | - | 47.8nongovernmental organizations to collect |
---|
1645 | | - | 47.9additional data, improve collection and |
---|
1646 | | - | 47.10analysis methods, and develop a statewide |
---|
1647 | | - | 47.11estimate of wild rice abundance and coverage. |
---|
1648 | | - | 47.12(aa) Conserving Natural Resources by |
---|
1649 | | - | 47.13Advancing Forever Green Agriculture |
---|
1650 | | - | 47.14$2,146,000 the first year is from the trust fund |
---|
1651 | | - | 47.15to the Board of Regents of the University of |
---|
1652 | | - | 47.16Minnesota for the Forever Green Initiative to |
---|
1653 | | - | 47.17fund research projects to develop new |
---|
1654 | | - | 47.18perennial and winter-annual crops to protect |
---|
1655 | | - | 47.19water, wildlife, soil, other natural resources, |
---|
1656 | | - | 47.20and the climate. This appropriation is available |
---|
1657 | | - | 47.21until June 30, 2030, by which time the project |
---|
1658 | | - | 47.22must be completed and final products |
---|
1659 | | - | 47.23delivered. |
---|
1660 | | - | 47.24(bb) Minnesota's Priority Native Rough Fish: |
---|
1661 | | - | 47.25Gars and Bowfin |
---|
1662 | | - | 47.26$568,000 the first year is from the trust fund |
---|
1663 | | - | 47.27to the Board of Regents of the University of |
---|
1664 | | - | 47.28Minnesota to develop population dynamics, |
---|
1665 | | - | 47.29habitat use, and food web models for |
---|
1666 | | - | 47.30Minnesota gars and bowfins and conduct |
---|
1667 | | - | 47.31outreach to inform conservation and |
---|
1668 | | - | 47.32management and serve as a template for study |
---|
1669 | | - | 47.33of Minnesota's other native rough fish species. |
---|
1670 | | - | 47.34(cc) Understanding to Improve Minnesota's |
---|
1671 | | - | 47.35Future Lake Water Quality |
---|
1672 | | - | 47Article 2 Sec. 2. |
---|
1673 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 48.1$595,000 the first year is from the trust fund |
---|
1674 | | - | 48.2to the Board of Regents of the University of |
---|
1675 | | - | 48.3Minnesota to use decade-long comprehensive |
---|
1676 | | - | 48.4lake, watershed, and weather data and |
---|
1677 | | - | 48.5high-resolution climate models to understand |
---|
1678 | | - | 48.6lake-specific drivers of water quality and |
---|
1679 | | - | 48.7predict the effects of future warming on |
---|
1680 | | - | 48.8harmful algal blooms across Minnesota. |
---|
1681 | | - | 48.9(dd) Operationalizing State Zooplankton Data |
---|
1682 | | - | 48.10to Support Lake Health |
---|
1683 | | - | 48.11$423,000 the first year is from the trust fund |
---|
1684 | | - | 48.12to the Board of Regents of the University of |
---|
1685 | | - | 48.13Minnesota to use long-term monitoring data |
---|
1686 | | - | 48.14to determine the relationship between |
---|
1687 | | - | 48.15zooplankton communities and ecosystem |
---|
1688 | | - | 48.16services, like fisheries health and water |
---|
1689 | | - | 48.17quality, and develop biotic indices for lake |
---|
1690 | | - | 48.18health. |
---|
1691 | | - | 48.19(ee) Trialing Climate-Ready Woodland Trees |
---|
1692 | | - | 48.20in Urban Areas |
---|
1693 | | - | 48.21$255,000 the first year is from the trust fund |
---|
1694 | | - | 48.22to the Board of Regents of the University of |
---|
1695 | | - | 48.23Minnesota to demonstrate performance of |
---|
1696 | | - | 48.24climate-adaptive tree species and study land |
---|
1697 | | - | 48.25manager and public perceptions of these |
---|
1698 | | - | 48.26species to identify the best species and risk |
---|
1699 | | - | 48.27tolerance for future plantings in metropolitan |
---|
1700 | | - | 48.28areas of Minnesota. |
---|
1701 | | - | 48.29(ff) Superior Shores: Protecting Our Great |
---|
1702 | | - | 48.30Lakes Coastal Habitats |
---|
1703 | | - | 48.31$675,000 the first year is from the trust fund |
---|
1704 | | - | 48.32to the Science Museum of Minnesota for the |
---|
1705 | | - | 48.33St. Croix Watershed Research Station to map |
---|
1706 | | - | 48.34the locations and survey the biological |
---|
1707 | | - | 48.35diversity and water quality of Lake Superior |
---|
1708 | | - | 48Article 2 Sec. 2. |
---|
1709 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 49.1coastal rock pools. This appropriation may |
---|
1710 | | - | 49.2also be used to develop outreach materials and |
---|
1711 | | - | 49.3host programs on rock pool understanding and |
---|
1712 | | - | 49.4conservation. |
---|
1713 | | - | 49.5(gg) Recruitment and Fecundity of Minnesota |
---|
1714 | | - | 49.6Moose |
---|
1715 | | - | 49.7$2,007,000 the first year is from the trust fund |
---|
1716 | | - | 49.8to the commissioner of natural resources for |
---|
1717 | | - | 49.9state and Tribal biologists to work |
---|
1718 | | - | 49.10collaboratively to estimate survival and |
---|
1719 | | - | 49.11fecundity of yearling and 2-year-old moose in |
---|
1720 | | - | 49.12northeast Minnesota to inform future |
---|
1721 | | - | 49.13management efforts. Of this amount, $841,000 |
---|
1722 | | - | 49.14is for an agreement with the 1854 Treaty |
---|
1723 | | - | 49.15Authority. This appropriation is available until |
---|
1724 | | - | 49.16June 30, 2031, by which time the project must |
---|
1725 | | - | 49.17be completed and final products delivered. |
---|
1726 | | - | 49.18(hh) Fighting Insect Decline: Minnesota |
---|
1727 | | - | 49.19Bumblebees to the Rescue |
---|
1728 | | - | 49.20$249,000 the first year is from the trust fund |
---|
1729 | | - | 49.21to the Board of Regents of the University of |
---|
1730 | | - | 49.22Minnesota to map historical and current |
---|
1731 | | - | 49.23bumblebee distribution and develop an |
---|
1732 | | - | 49.24identification tool using molecular barcodes |
---|
1733 | | - | 49.25and an online resource hub to improve |
---|
1734 | | - | 49.26conservation of Minnesota's native |
---|
1735 | | - | 49.27bumblebees. |
---|
1736 | | - | 49.28(ii) Trace Metals in Municipal Yard Waste and |
---|
1737 | | - | 49.29Compost |
---|
1738 | | - | 49.30$120,000 the first year is from the trust fund |
---|
1739 | | - | 49.31to the Board of Regents of the University of |
---|
1740 | | - | 49.32Minnesota to assess trace metal contamination |
---|
1741 | | - | 49.33from collected residential yard waste, finished |
---|
1742 | | - | 49.34compost, and compost leachate in municipal |
---|
1743 | | - | 49.35yard waste recycling programs. |
---|
1744 | | - | 49Article 2 Sec. 2. |
---|
1745 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 50.1(jj) Chronic Wasting Disease Prions in |
---|
1746 | | - | 50.2Minnesota Waters |
---|
1747 | | - | 50.3$322,000 the first year is from the trust fund |
---|
1748 | | - | 50.4to the Board of Regents of the University of |
---|
1749 | | - | 50.5Minnesota to evaluate the movement of |
---|
1750 | | - | 50.6chronic wasting disease in Minnesota waters, |
---|
1751 | | - | 50.7assess the risk of spread, and share results with |
---|
1752 | | - | 50.8wildlife and watershed managers. |
---|
1753 | | - | -0-11,812,00050.9Subd. 4.Water Resources |
---|
1754 | | - | 50.10(a) Enhancing Our Resources - Rural Health |
---|
1755 | | - | 50.11and Drinking Water |
---|
1756 | | - | 50.12$994,000 the first year is from the trust fund |
---|
1757 | | - | 50.13to the commissioner of natural resources for |
---|
1758 | | - | 50.14an agreement with Freshwater Society to |
---|
1759 | | - | 50.15partner with the Mayo Clinic to educate well |
---|
1760 | | - | 50.16owners and family health providers about the |
---|
1761 | | - | 50.17geologic occurrence and risk of arsenic in |
---|
1762 | | - | 50.18drinking water. This appropriation is also to |
---|
1763 | | - | 50.19provide free arsenic testing to well owners in |
---|
1764 | | - | 50.20southeast Minnesota. |
---|
1765 | | - | 50.21(b) Restoration and Outreach for Minnesota's |
---|
1766 | | - | 50.22Native Mussels |
---|
1767 | | - | 50.23$1,258,000 the first year is from the trust fund |
---|
1768 | | - | 50.24to the commissioner of natural resources to |
---|
1769 | | - | 50.25propagate, rear, and restore native freshwater |
---|
1770 | | - | 50.26mussel populations and the ecosystem services |
---|
1771 | | - | 50.27they provide to Minnesota waters; to evaluate |
---|
1772 | | - | 50.28reintroduction success; and to inform the |
---|
1773 | | - | 50.29public on mussels and mussel conservation. |
---|
1774 | | - | 50.30(c) Pristine to Green: Toxic Blooms Threaten |
---|
1775 | | - | 50.31Northern Lakes |
---|
1776 | | - | 50.32$1,362,000 the first year is from the trust fund |
---|
1777 | | - | 50.33to the Science Museum of Minnesota for the |
---|
1778 | | - | 50.34St. Croix Watershed Research Station to |
---|
1779 | | - | 50.35evaluate drivers that contribute to the |
---|
1780 | | - | 50Article 2 Sec. 2. |
---|
1781 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 51.1formation of nuisance and toxic algal blooms |
---|
1782 | | - | 51.2in relatively pristine and protected lakes across |
---|
1783 | | - | 51.3Minnesota. |
---|
1784 | | - | 51.4(d) Training Lake Communities to Track |
---|
1785 | | - | 51.5Chloride and Algae |
---|
1786 | | - | 51.6$274,000 the first year is from the trust fund |
---|
1787 | | - | 51.7to the Board of Regents of the University of |
---|
1788 | | - | 51.8Minnesota for the Minnesota Sea Grant |
---|
1789 | | - | 51.9college program in Duluth to develop and train |
---|
1790 | | - | 51.10a network of community-based volunteers to |
---|
1791 | | - | 51.11track chloride and harmful algal blooms in |
---|
1792 | | - | 51.12rural Minnesota lakes. |
---|
1793 | | - | 51.13(e) Clean Sweep Solution to Nonpoint Source |
---|
1794 | | - | 51.14Pollution |
---|
1795 | | - | 51.15$386,000 the first year is from the trust fund |
---|
1796 | | - | 51.16to the Board of Regents of the University of |
---|
1797 | | - | 51.17Minnesota for the Water Resources Center to |
---|
1798 | | - | 51.18enhance Clean Sweep programs, identify the |
---|
1799 | | - | 51.19pollutants present in street-sweeping materials, |
---|
1800 | | - | 51.20explore material reuse options, and quantify |
---|
1801 | | - | 51.21benefits of enhanced street sweeping. This |
---|
1802 | | - | 51.22appropriation may also be used to coordinate |
---|
1803 | | - | 51.23county and regional collaborations, develop |
---|
1804 | | - | 51.24resources, and provide training to increase |
---|
1805 | | - | 51.25targeted street-sweeping practices to reduce |
---|
1806 | | - | 51.26nonpoint source pollution to Minnesota's water |
---|
1807 | | - | 51.27resources. |
---|
1808 | | - | 51.28(f) Cyanotoxins in Minnesota Lakes: The Role |
---|
1809 | | - | 51.29of Sunlight |
---|
1810 | | - | 51.30$220,000 the first year is from the trust fund |
---|
1811 | | - | 51.31to the Board of Regents of the University of |
---|
1812 | | - | 51.32Minnesota to quantify degradation of |
---|
1813 | | - | 51.33cyanobacterial toxins by sunlight to understand |
---|
1814 | | - | 51.34how increasing frequency of harmful algal |
---|
1815 | | - | 51.35blooms and changing environmental |
---|
1816 | | - | 51Article 2 Sec. 2. |
---|
1817 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 52.1conditions influence toxin persistence in |
---|
1818 | | - | 52.2natural waters. |
---|
1819 | | - | 52.3(g) Enhancing Degradation of Emerging |
---|
1820 | | - | 52.4Contaminants via Microbial Starvation |
---|
1821 | | - | 52.5$390,000 the first year is from the trust fund |
---|
1822 | | - | 52.6to the Board of Regents of the University of |
---|
1823 | | - | 52.7Minnesota to study how wastewater treatment |
---|
1824 | | - | 52.8systems can be improved to more effectively |
---|
1825 | | - | 52.9biodegrade mixtures of pharmaceuticals, |
---|
1826 | | - | 52.10pesticides, and other contaminants of emerging |
---|
1827 | | - | 52.11concern and protect Minnesota's water |
---|
1828 | | - | 52.12resources. |
---|
1829 | | - | 52.13(h) Soil Health Management for Water Storage |
---|
1830 | | - | 52.14$454,000 the first year is from the trust fund |
---|
1831 | | - | 52.15to the Board of Regents of the University of |
---|
1832 | | - | 52.16Minnesota for the Water Resources Center to |
---|
1833 | | - | 52.17conduct on-farm and model-based research |
---|
1834 | | - | 52.18and develop guidance for watershed planners |
---|
1835 | | - | 52.19and land managers to effectively use soil |
---|
1836 | | - | 52.20health management to achieve water storage |
---|
1837 | | - | 52.21and water quality goals. |
---|
1838 | | - | 52.22(i) Predicting Contaminant Movement in |
---|
1839 | | - | 52.23Minnesota's Fractured Aquifers |
---|
1840 | | - | 52.24$650,000 the first year is from the trust fund |
---|
1841 | | - | 52.25to the Board of Regents of the University of |
---|
1842 | | - | 52.26Minnesota, St. Anthony Falls Laboratory, to |
---|
1843 | | - | 52.27develop a software program that predicts the |
---|
1844 | | - | 52.28fate and movement of contaminants, such as |
---|
1845 | | - | 52.29PFAS, chloride, nitrate, and pathogens, in |
---|
1846 | | - | 52.30Minnesota's fractured aquifers. |
---|
1847 | | - | 52.31(j) Documentation and Toxicity of Microplastics |
---|
1848 | | - | 52.32in Urban Ecosystems |
---|
1849 | | - | 52.33$300,000 the first year is from the trust fund |
---|
1850 | | - | 52.34to the Board of Regents of the University of |
---|
1851 | | - | 52.35Minnesota to research how land use and |
---|
1852 | | - | 52Article 2 Sec. 2. |
---|
1853 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 53.1toxicity affect the accumulation of |
---|
1854 | | - | 53.2microplastics and associated contaminants of |
---|
1855 | | - | 53.3concern in stormwater ponds and the wildlife |
---|
1856 | | - | 53.4that use stormwater ponds. |
---|
1857 | | - | 53.5(k) Terminating PFAS-Type Pesticides via |
---|
1858 | | - | 53.6Enzyme Cocktails |
---|
1859 | | - | 53.7$297,000 the first year is from the trust fund |
---|
1860 | | - | 53.8to the Board of Regents of the University of |
---|
1861 | | - | 53.9Minnesota to evaluate the ability of selected |
---|
1862 | | - | 53.10enzymes and combinations of enzymes to |
---|
1863 | | - | 53.11biodegrade per- and polyfluoroalkyl |
---|
1864 | | - | 53.12substances (PFAS) found in pesticides and to |
---|
1865 | | - | 53.13design a pilot-scale biofilter for effective |
---|
1866 | | - | 53.14elimination of PFAS from water. |
---|
1867 | | - | 53.15(l) Addressing 21st Century Challenges for the |
---|
1868 | | - | 53.16St. Croix |
---|
1869 | | - | 53.17$243,000 the first year is from the trust fund |
---|
1870 | | - | 53.18to the Science Museum of Minnesota for the |
---|
1871 | | - | 53.19St. Croix Watershed Research Station to |
---|
1872 | | - | 53.20develop a watershed model to identify |
---|
1873 | | - | 53.21potential hydrologic and water quality impacts |
---|
1874 | | - | 53.22to the lower St. Croix River over the next 75 |
---|
1875 | | - | 53.23years and inform future planning and |
---|
1876 | | - | 53.24management in the watershed. |
---|
1877 | | - | 53.25(m) Impact of Statewide Conservation Practices |
---|
1878 | | - | 53.26on Stream Biodiversity |
---|
1879 | | - | 53.27$300,000 the first year is from the trust fund |
---|
1880 | | - | 53.28to the Board of Regents of the University of |
---|
1881 | | - | 53.29Minnesota to use existing monitoring data to |
---|
1882 | | - | 53.30evaluate the effects of wetlands and riparian |
---|
1883 | | - | 53.31buffers on stream and river biodiversity and |
---|
1884 | | - | 53.32biological condition and develop tools and |
---|
1885 | | - | 53.33materials to inform the public and natural |
---|
1886 | | - | 53.34resource managers. |
---|
1887 | | - | 53.35(n) Modeling the Future Mississippi River Gorge |
---|
1888 | | - | 53Article 2 Sec. 2. |
---|
1889 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 54.1$427,000 the first year is from the trust fund |
---|
1890 | | - | 54.2to the Board of Regents of the University of |
---|
1891 | | - | 54.3Minnesota, St. Anthony Falls Laboratory, to |
---|
1892 | | - | 54.4construct a reduced-scale physical model of |
---|
1893 | | - | 54.5Mississippi River Pool 1, Lock & Dam 1, and |
---|
1894 | | - | 54.6adjacent upstream and downstream reaches; |
---|
1895 | | - | 54.7analyze water flow and sediment movement |
---|
1896 | | - | 54.8under various pool management strategies; |
---|
1897 | | - | 54.9and share results with the public to inform |
---|
1898 | | - | 54.10decisions on the future management of the |
---|
1899 | | - | 54.11lock and dam. |
---|
1900 | | - | 54.12(o) Highly Efficient Nutrient Removal |
---|
1901 | | - | 54.13Technology for Agricultural Drainage |
---|
1902 | | - | 54.14$453,000 the first year is from the trust fund |
---|
1903 | | - | 54.15to the Board of Regents of the University of |
---|
1904 | | - | 54.16Minnesota to conduct lab- and field-scale tests |
---|
1905 | | - | 54.17of a novel bioreactor technology for removing |
---|
1906 | | - | 54.18nutrients from agricultural drainage and |
---|
1907 | | - | 54.19disseminate results to farmers and the public. |
---|
1908 | | - | 54.20(p) Citizen Scientists Capture Microplastic |
---|
1909 | | - | 54.21Pollution Around State |
---|
1910 | | - | 54.22$419,000 the first year is from the trust fund |
---|
1911 | | - | 54.23to the Board of Regents of the University of |
---|
1912 | | - | 54.24Minnesota to develop adaptable microplastic |
---|
1913 | | - | 54.25sampling and detection methods, develop a |
---|
1914 | | - | 54.26public-access database, and leverage citizen |
---|
1915 | | - | 54.27scientists to survey microplastic pollution |
---|
1916 | | - | 54.28throughout the state to allow for data-driven |
---|
1917 | | - | 54.29risk management decisions and solutions. |
---|
1918 | | - | 54.30(q) Healthy Native Prairie Microbiomes for |
---|
1919 | | - | 54.31Cleaner Water |
---|
1920 | | - | 54.32$468,000 the first year is from the trust fund |
---|
1921 | | - | 54.33to the Board of Regents of the University of |
---|
1922 | | - | 54.34Minnesota to identify and characterize prairie |
---|
1923 | | - | 54.35plant microbiomes and study the potential of |
---|
1924 | | - | 54Article 2 Sec. 2. |
---|
1925 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 55.1native prairie microbes to provide nitrogen for |
---|
1926 | | - | 55.2agricultural crops and reduce industrial |
---|
1927 | | - | 55.3fertilizer use and nitrate contamination of |
---|
1928 | | - | 55.4water. |
---|
1929 | | - | 55.5(r) Wastewater Chloride Reduction through |
---|
1930 | | - | 55.6Industrial Source Reduction Assistance |
---|
1931 | | - | 55.7$247,000 the first year is from the trust fund |
---|
1932 | | - | 55.8to the Board of Regents of the University of |
---|
1933 | | - | 55.9Minnesota for the Minnesota Technical |
---|
1934 | | - | 55.10Assistance Program to provide technical |
---|
1935 | | - | 55.11assistance to businesses to cost-effectively |
---|
1936 | | - | 55.12reduce industrial and commercial chloride use |
---|
1937 | | - | 55.13in communities with high chloride effluent |
---|
1938 | | - | 55.14concentrations. |
---|
1939 | | - | 55.15(s) Pilot Water Budget Framework for |
---|
1940 | | - | 55.16Managing Water Withdrawals |
---|
1941 | | - | 55.17$198,000 the first year is from the trust fund |
---|
1942 | | - | 55.18to the Board of Regents of the University of |
---|
1943 | | - | 55.19Minnesota to develop a pilot water budget |
---|
1944 | | - | 55.20framework to identify sensitive areas in |
---|
1945 | | - | 55.21Minnesota where net water withdrawals have |
---|
1946 | | - | 55.22a significant impact on surface water and |
---|
1947 | | - | 55.23groundwater. |
---|
1948 | | - | 55.24(t) Biofilm Mediated Destruction of PFAS in |
---|
1949 | | - | 55.25Groundwater |
---|
1950 | | - | 55.26$1,336,000 the first year is from the trust fund |
---|
1951 | | - | 55.27to the commissioner of natural resources for |
---|
1952 | | - | 55.28an agreement with Freshwater Society to |
---|
1953 | | - | 55.29develop biofilm treatment technology and |
---|
1954 | | - | 55.30demonstrate field-scale removal of per- and |
---|
1955 | | - | 55.31polyfluoroalkyl substances (PFAS) from |
---|
1956 | | - | 55.32contaminated groundwater. A fiscal |
---|
1957 | | - | 55.33management plan must be approved in the |
---|
1958 | | - | 55.34work plan before any trust fund money is |
---|
1959 | | - | 55.35spent. |
---|
1960 | | - | 55Article 2 Sec. 2. |
---|
1961 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 56.1(u) Impact of Microplastics on Wastewater |
---|
1962 | | - | 56.2Treatment in Minnesota |
---|
1963 | | - | 56.3$506,000 the first year is from the trust fund |
---|
1964 | | - | 56.4to the Board of Regents of the University of |
---|
1965 | | - | 56.5Minnesota to quantify the abundance of |
---|
1966 | | - | 56.6microplastics in wastewater treatment plants |
---|
1967 | | - | 56.7in Minnesota, determine how microplastics |
---|
1968 | | - | 56.8affect wastewater treatment plant performance, |
---|
1969 | | - | 56.9and evaluate how different wastewater |
---|
1970 | | - | 56.10treatment processes alter microplastics. |
---|
1971 | | - | 56.11(v) Portable Arsenic and Nitrate Detector for |
---|
1972 | | - | 56.12Well Water |
---|
1973 | | - | 56.13$358,000 the first year is from the trust fund |
---|
1974 | | - | 56.14to the Board of Regents of the University of |
---|
1975 | | - | 56.15Minnesota to develop a small, cheap, and |
---|
1976 | | - | 56.16easy-to-use system to detect arsenic and nitrate |
---|
1977 | | - | 56.17in well water and determine whether well |
---|
1978 | | - | 56.18water is safe to drink. |
---|
1979 | | - | 56.19(w) Recovering Salts from Highly Saline |
---|
1980 | | - | 56.20Wastewater |
---|
1981 | | - | 56.21$272,000 the first year is from the trust fund |
---|
1982 | | - | 56.22to the Board of Regents of the University of |
---|
1983 | | - | 56.23Minnesota to develop a method to recover |
---|
1984 | | - | 56.24useful salts from concentrated saline |
---|
1985 | | - | 56.25wastewater to increase the economic |
---|
1986 | | - | 56.26sustainability of high water-recovery |
---|
1987 | | - | 56.27softening, sulfate removal, and industrial |
---|
1988 | | - | 56.28wastewater treatment. |
---|
1989 | | - | -0-11,965,00056.29Subd. 5.Environmental Education |
---|
1990 | | - | 56.30(a) Eagle's Nest: Where the World Becomes |
---|
1991 | | - | 56.31Your Classroom |
---|
1992 | | - | 56.32$130,000 the first year is from the trust fund |
---|
1993 | | - | 56.33to the commissioner of natural resources for |
---|
1994 | | - | 56.34an agreement with Glacial Hills Elementary |
---|
1995 | | - | 56.35School to create interactive natural playground |
---|
1996 | | - | 56Article 2 Sec. 2. |
---|
1997 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 57.1and landscaping features for children and |
---|
1998 | | - | 57.2provide environmental education programming |
---|
1999 | | - | 57.3outside of regular school hours. |
---|
2000 | | - | 57.4(b) Advancing Equity in Environmental |
---|
2001 | | - | 57.5Education |
---|
2002 | | - | 57.6$700,000 the first year is from the trust fund |
---|
2003 | | - | 57.7to the commissioner of natural resources for |
---|
2004 | | - | 57.8an agreement with Camp Fire Minnesota to |
---|
2005 | | - | 57.9provide needs-based scholarships for |
---|
2006 | | - | 57.10Minnesota youth to attend |
---|
2007 | | - | 57.11state-standards-aligned environmental and |
---|
2008 | | - | 57.12outdoor education programs. |
---|
2009 | | - | 57.13(c) Teacher Field School - Phase 2: Increasing |
---|
2010 | | - | 57.14Impact |
---|
2011 | | - | 57.15$712,000 the first year is from the trust fund |
---|
2012 | | - | 57.16to the commissioner of natural resources for |
---|
2013 | | - | 57.17an agreement with Hamline University to |
---|
2014 | | - | 57.18continue the teacher field school program that |
---|
2015 | | - | 57.19trains teachers how to connect academic |
---|
2016 | | - | 57.20content with environmental stewardship, |
---|
2017 | | - | 57.21natural resource conservation, and outdoor |
---|
2018 | | - | 57.22recreation. This appropriation is also to pilot |
---|
2019 | | - | 57.23a train-the-trainer model for nature-based |
---|
2020 | | - | 57.24education practices. |
---|
2021 | | - | 57.25(d) Creating Future Leaders in Outdoor and |
---|
2022 | | - | 57.26Environmental Leadership |
---|
2023 | | - | 57.27$330,000 the first year is from the trust fund |
---|
2024 | | - | 57.28to the Board of Trustees of the Minnesota |
---|
2025 | | - | 57.29State Colleges and Universities for North |
---|
2026 | | - | 57.30Hennepin Community College to collaborate |
---|
2027 | | - | 57.31with K-12 education, higher education, and |
---|
2028 | | - | 57.32outdoor organizations to increase |
---|
2029 | | - | 57.33environmental education, leadership, |
---|
2030 | | - | 57.34internship, and career opportunities for |
---|
2031 | | - | 57Article 2 Sec. 2. |
---|
2032 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 58.1underrepresented college and high school |
---|
2033 | | - | 58.2students. |
---|
2034 | | - | 58.3(e) Engaging our Diverse Public in |
---|
2035 | | - | 58.4Environmental Stewardship - Phase 2 |
---|
2036 | | - | 58.5$249,000 the first year is from the trust fund |
---|
2037 | | - | 58.6to the commissioner of natural resources for |
---|
2038 | | - | 58.7an agreement with Great River Greening to |
---|
2039 | | - | 58.8increase participation in natural resources |
---|
2040 | | - | 58.9conservation and restoration efforts and |
---|
2041 | | - | 58.10careers through volunteer, internship, and |
---|
2042 | | - | 58.11youth engagement activities, with a focus on |
---|
2043 | | - | 58.12diverse audiences that more accurately reflect |
---|
2044 | | - | 58.13local demographic and socioeconomic |
---|
2045 | | - | 58.14conditions in Minnesota. |
---|
2046 | | - | 58.15(f) Outdoor School for Minnesota K-12 Students |
---|
2047 | | - | 58.16$3,992,000 the first year is from the trust fund |
---|
2048 | | - | 58.17to the commissioner of natural resources for |
---|
2049 | | - | 58.18an agreement with Osprey Wilds |
---|
2050 | | - | 58.19Environmental Learning Center to partner with |
---|
2051 | | - | 58.20four other accredited residential environmental |
---|
2052 | | - | 58.21learning centers in Minnesota to provide |
---|
2053 | | - | 58.22needs-based scholarships to K-12 students |
---|
2054 | | - | 58.23statewide for immersive multiday |
---|
2055 | | - | 58.24environmental learning experiences. |
---|
2056 | | - | 58.25(g) Statewide Environmental Education via PBS |
---|
2057 | | - | 58.26Outdoor Series |
---|
2058 | | - | 58.27$415,000 the first year is from the trust fund |
---|
2059 | | - | 58.28to the commissioner of natural resources for |
---|
2060 | | - | 58.29an agreement with Pioneer Public |
---|
2061 | | - | 58.30Broadcasting Service to produce, distribute, |
---|
2062 | | - | 58.31and promote new episodes of a statewide |
---|
2063 | | - | 58.32public television series that inspires |
---|
2064 | | - | 58.33Minnesotans to connect with the outdoors and |
---|
2065 | | - | 58.34to restore and protect the state's natural |
---|
2066 | | - | 58.35resources. |
---|
2067 | | - | 58Article 2 Sec. 2. |
---|
2068 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 59.1(h) Maajii-akii-gikenjigewin Conservation Crew |
---|
2069 | | - | 59.2Program |
---|
2070 | | - | 59.3$678,000 the first year is from the trust fund |
---|
2071 | | - | 59.4to the commissioner of natural resources for |
---|
2072 | | - | 59.5an agreement with Conservation Corps |
---|
2073 | | - | 59.6Minnesota & Iowa to expand a conservation |
---|
2074 | | - | 59.7corps program developed to provide natural |
---|
2075 | | - | 59.8resources career development opportunities |
---|
2076 | | - | 59.9for indigenous young adults and cultivate an |
---|
2077 | | - | 59.10enduring action-based conservation ethic |
---|
2078 | | - | 59.11through the integration of traditional |
---|
2079 | | - | 59.12knowledge, nature immersion, and the |
---|
2080 | | - | 59.13implementation of conservation and |
---|
2081 | | - | 59.14restoration practices in the field. |
---|
2082 | | - | 59.15(i) Reuse for the Future: Youth Education and |
---|
2083 | | - | 59.16Engagement |
---|
2084 | | - | 59.17$225,000 the first year is from the trust fund |
---|
2085 | | - | 59.18to the commissioner of natural resources for |
---|
2086 | | - | 59.19an agreement with Reuse Minnesota to provide |
---|
2087 | | - | 59.20curriculum-based opportunities for students |
---|
2088 | | - | 59.21to learn about the reuse economy, reuse skills, |
---|
2089 | | - | 59.22and other opportunities to reduce waste. This |
---|
2090 | | - | 59.23appropriation may also be used to align |
---|
2091 | | - | 59.24materials to state standards and translate |
---|
2092 | | - | 59.25materials to additional languages. |
---|
2093 | | - | 59.26(j) River Bend Nature Center Outdoor Diversity |
---|
2094 | | - | 59.27Initiative |
---|
2095 | | - | 59.28$247,000 the first year is from the trust fund |
---|
2096 | | - | 59.29to the commissioner of natural resources for |
---|
2097 | | - | 59.30an agreement with River Bend Nature Center |
---|
2098 | | - | 59.31to lead a coalition of educational partners and |
---|
2099 | | - | 59.32culturally specific organizations to expand |
---|
2100 | | - | 59.33recognized environmental education |
---|
2101 | | - | 59.34curriculum and provide conservation-based |
---|
2102 | | - | 59.35career exploration and job placement |
---|
2103 | | - | 59Article 2 Sec. 2. |
---|
2104 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 60.1opportunities for diverse communities in |
---|
2105 | | - | 60.2southern Minnesota. |
---|
2106 | | - | 60.3(k) Camp Parsons Mississippi Summer |
---|
2107 | | - | 60.4$225,000 the first year is from the trust fund |
---|
2108 | | - | 60.5to the commissioner of natural resources for |
---|
2109 | | - | 60.6an agreement with the Phyllis Wheatley |
---|
2110 | | - | 60.7Community Center to provide environmental |
---|
2111 | | - | 60.8education to Minneapolis urban youth through |
---|
2112 | | - | 60.9the Camp Parsons Mississippi Summer |
---|
2113 | | - | 60.10program that fosters connections to nature and |
---|
2114 | | - | 60.11encourages responsible stewardship of our |
---|
2115 | | - | 60.12natural resources. |
---|
2116 | | - | 60.13(l) Adult Outdoor Education for Minnesota's |
---|
2117 | | - | 60.14Underrepresented Communities |
---|
2118 | | - | 60.15$247,000 the first year is from the trust fund |
---|
2119 | | - | 60.16to the commissioner of natural resources for |
---|
2120 | | - | 60.17an agreement with Baztec Fishing & Outdoors |
---|
2121 | | - | 60.18to create fishing and hunting education, |
---|
2122 | | - | 60.19training, and opportunities for underserved |
---|
2123 | | - | 60.20and underrepresented communities in |
---|
2124 | | - | 60.21Minnesota. All fishing tackle purchased with |
---|
2125 | | - | 60.22this appropriation must be lead-free. A fiscal |
---|
2126 | | - | 60.23management plan must be approved in the |
---|
2127 | | - | 60.24work plan before any trust fund money is |
---|
2128 | | - | 60.25spent. |
---|
2129 | | - | 60.26(m) Minnesota's Road Map for Sustainability |
---|
2130 | | - | 60.27and Climate Education |
---|
2131 | | - | 60.28$491,000 the first year is from the trust fund |
---|
2132 | | - | 60.29to the commissioner of natural resources for |
---|
2133 | | - | 60.30an agreement with Climate Generation to |
---|
2134 | | - | 60.31convene community gatherings and partner |
---|
2135 | | - | 60.32with institutions and organizations across the |
---|
2136 | | - | 60.33education sector to develop a road map on |
---|
2137 | | - | 60.34how to build capacity for equitable and |
---|
2138 | | - | 60.35accessible sustainability and climate education |
---|
2139 | | - | 60Article 2 Sec. 2. |
---|
2140 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 61.1programs that align with the Minnesota |
---|
2141 | | - | 61.2Climate Action Framework. |
---|
2142 | | - | 61.3(n) ESTEP 2.0: Earth Science Teacher |
---|
2143 | | - | 61.4Education Project |
---|
2144 | | - | 61.5$643,000 the first year is from the trust fund |
---|
2145 | | - | 61.6to the commissioner of natural resources for |
---|
2146 | | - | 61.7an agreement with Minnesota Science |
---|
2147 | | - | 61.8Teachers Association to provide professional |
---|
2148 | | - | 61.9development for Minnesota science teachers |
---|
2149 | | - | 61.10statewide in environmental and earth science |
---|
2150 | | - | 61.11content to strengthen environmental education |
---|
2151 | | - | 61.12in schools. |
---|
2152 | | - | 61.13(o) Engaging Latine Communities in |
---|
2153 | | - | 61.14Conservation and Preservation |
---|
2154 | | - | 61.15$400,000 the first year is from the trust fund |
---|
2155 | | - | 61.16to the commissioner of natural resources for |
---|
2156 | | - | 61.17an agreement with Comunidades Organizando |
---|
2157 | | - | 61.18el Poder y la Accion Latina to use |
---|
2158 | | - | 61.19community-based partnerships and |
---|
2159 | | - | 61.20communications platforms to host outdoor |
---|
2160 | | - | 61.21events and conduct educational outreach |
---|
2161 | | - | 61.22focused on Latine and BIPOC communities |
---|
2162 | | - | 61.23about the need to protect Minnesota's |
---|
2163 | | - | 61.24environment and natural resources. |
---|
2164 | | - | 61.25(p) Inclusive Wildlife Engagement in Classrooms |
---|
2165 | | - | 61.26and Communities |
---|
2166 | | - | 61.27$712,000 the first year is from the trust fund |
---|
2167 | | - | 61.28to the commissioner of natural resources for |
---|
2168 | | - | 61.29the nongame wildlife program to provide three |
---|
2169 | | - | 61.30wildlife conservation, action-based outdoor |
---|
2170 | | - | 61.31educational opportunities to engage |
---|
2171 | | - | 61.32needs-based schools, young adults, and |
---|
2172 | | - | 61.33communities underrepresented in natural |
---|
2173 | | - | 61.34resources through the Bird by Bird, |
---|
2174 | | - | 61Article 2 Sec. 2. |
---|
2175 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 62.1Empowering Pathways into Conservation, and |
---|
2176 | | - | 62.2Community Science programs. |
---|
2177 | | - | 62.3(q) Activating Youth and Family Environmental |
---|
2178 | | - | 62.4Stewardship through Raptors |
---|
2179 | | - | 62.5$228,000 the first year is from the trust fund |
---|
2180 | | - | 62.6to the Board of Regents of the University of |
---|
2181 | | - | 62.7Minnesota for the Raptor Center to deliver |
---|
2182 | | - | 62.8standards-based environmental education |
---|
2183 | | - | 62.9featuring live raptors through school programs |
---|
2184 | | - | 62.10and community events across Minnesota. |
---|
2185 | | - | 62.11(r) Moving Minnesota toward a Lead-Free |
---|
2186 | | - | 62.12Sporting Future |
---|
2187 | | - | 62.13$250,000 the first year is from the trust fund |
---|
2188 | | - | 62.14to the Board of Trustees of the Minnesota |
---|
2189 | | - | 62.15State Colleges and Universities for Bemidji |
---|
2190 | | - | 62.16State University to conduct educational |
---|
2191 | | - | 62.17outreach directed at hunters and anglers to |
---|
2192 | | - | 62.18increase awareness of lead-free options for |
---|
2193 | | - | 62.19big-game hunting, small-game hunting, and |
---|
2194 | | - | 62.20fishing as a means of reducing wildlife |
---|
2195 | | - | 62.21exposure to lead. |
---|
2196 | | - | 62.22(s) Science Centers Supporting Northern Boys |
---|
2197 | | - | 62.23and Girls Clubs |
---|
2198 | | - | 62.24$1,091,000 the first year is from the trust fund |
---|
2199 | | - | 62.25to the commissioner of natural resources for |
---|
2200 | | - | 62.26an agreement with the Headwaters Science |
---|
2201 | | - | 62.27Center to expand access to environmental |
---|
2202 | | - | 62.28science education in northern Minnesota and |
---|
2203 | | - | 62.29leverage partnerships between rural and urban |
---|
2204 | | - | 62.30organizations to deliver culturally relevant, |
---|
2205 | | - | 62.31hands-on learning experiences to underserved |
---|
2206 | | - | 62.32students. |
---|
2207 | | - | 62Article 2 Sec. 2. |
---|
2208 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM -0-6,713,000 |
---|
2209 | | - | 63.1Subd. 6.Aquatic and Terrestrial Invasive |
---|
2210 | | - | 63.2Species |
---|
2211 | | - | 63.3(a) Aquatic Invasive Species: From Problems to |
---|
2212 | | - | 63.4Real-World Solutions |
---|
2213 | | - | 63.5$5,771,000 the first year is from the trust fund |
---|
2214 | | - | 63.6to the Board of Regents of the University of |
---|
2215 | | - | 63.7Minnesota for the Minnesota Aquatic Invasive |
---|
2216 | | - | 63.8Species Research Center to conduct |
---|
2217 | | - | 63.9high-priority projects aimed at solving |
---|
2218 | | - | 63.10Minnesota's aquatic invasive species problems |
---|
2219 | | - | 63.11using rigorous science and a collaborative |
---|
2220 | | - | 63.12process. This appropriation may also be used |
---|
2221 | | - | 63.13to deliver research findings to end users |
---|
2222 | | - | 63.14through strategic communication and outreach. |
---|
2223 | | - | 63.15This appropriation is available until June 30, |
---|
2224 | | - | 63.162029, by which time the project must be |
---|
2225 | | - | 63.17completed and final products delivered. |
---|
2226 | | - | 63.18(b) Optimizing Nonnative Cattail Treatment |
---|
2227 | | - | 63.19Effectiveness in Prairie Wetlands |
---|
2228 | | - | 63.20$942,000 the first year is from the trust fund |
---|
2229 | | - | 63.21to the commissioner of natural resources to |
---|
2230 | | - | 63.22compare the effectiveness of invasive cattail |
---|
2231 | | - | 63.23treatment methods and provide |
---|
2232 | | - | 63.24recommendations for managers to maximize |
---|
2233 | | - | 63.25benefits of conservation money for native |
---|
2234 | | - | 63.26wetland plants and wildlife. This appropriation |
---|
2235 | | - | 63.27is available until June 30, 2031, by which time |
---|
2236 | | - | 63.28the project must be completed and final |
---|
2237 | | - | 63.29products delivered. |
---|
2238 | | - | -0-11,744,000 |
---|
2239 | | - | 63.30Subd. 7.Air Quality, Climate Change, and |
---|
2240 | | - | 63.31Renewable Energy |
---|
2241 | | - | 63.32(a) Protecting Coldwater Fish Habitat in |
---|
2242 | | - | 63.33Minnesota Lakes |
---|
2243 | | - | 63.34$561,000 the first year is from the trust fund |
---|
2244 | | - | 63.35to the Board of Regents of the University of |
---|
2245 | | - | 63.36Minnesota to identify lake-specific watershed |
---|
2246 | | - | 63Article 2 Sec. 2. |
---|
2247 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 64.1protection targets and management practices |
---|
2248 | | - | 64.2needed to maintain coldwater fish habitat |
---|
2249 | | - | 64.3threatened by warming temperatures and |
---|
2250 | | - | 64.4increasing extreme rain events and to integrate |
---|
2251 | | - | 64.5this information into conservation planning |
---|
2252 | | - | 64.6tools. |
---|
2253 | | - | 64.7(b) Agrivoltaics 2.0 Building a Resilient E-Farm |
---|
2254 | | - | 64.8$535,000 the first year is from the trust fund |
---|
2255 | | - | 64.9to the Board of Regents of the University of |
---|
2256 | | - | 64.10Minnesota for the West Central Research and |
---|
2257 | | - | 64.11Outreach Center at Morris to evaluate |
---|
2258 | | - | 64.12emerging solar system designs and solar |
---|
2259 | | - | 64.13technology integration with vegetable and |
---|
2260 | | - | 64.14livestock production systems to maximize |
---|
2261 | | - | 64.15energy production and benefits to farmers. |
---|
2262 | | - | 64.16(c) Pine Needles Reveal Past and Present |
---|
2263 | | - | 64.17Airborne PFAS |
---|
2264 | | - | 64.18$550,000 the first year is from the trust fund |
---|
2265 | | - | 64.19to the commissioner of the Pollution Control |
---|
2266 | | - | 64.20Agency to use current and historic pine |
---|
2267 | | - | 64.21needles as a low-cost method to assess |
---|
2268 | | - | 64.22statewide per- and polyfluoroalkyl substances |
---|
2269 | | - | 64.23(PFAS) levels in ambient air. |
---|
2270 | | - | 64.24(d) Facilitated Transport Hybrid Membranes |
---|
2271 | | - | 64.25for CO |
---|
2272 | | - | 2 Separation |
---|
2273 | | - | 64.26$1,050,000 the first year is from the trust fund |
---|
2274 | | - | 64.27to the Board of Regents of the University of |
---|
2275 | | - | 64.28Minnesota to develop and test advanced |
---|
2276 | | - | 64.29polymeric membranes for capture and reuse |
---|
2277 | | - | 64.30of carbon dioxide at industrial sources. |
---|
2278 | | - | 64.31(e) Renewable Energy Conversion for Farm |
---|
2279 | | - | 64.32Diesel and Ammonia |
---|
2280 | | - | 64.33$726,000 the first year is from the trust fund |
---|
2281 | | - | 64.34to the Board of Regents of the University of |
---|
2282 | | - | 64.35Minnesota to develop a novel charge-swing |
---|
2283 | | - | 64Article 2 Sec. 2. |
---|
2284 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 65.1catalytic condenser that will enable the |
---|
2285 | | - | 65.2low-cost production of hydrogen from water |
---|
2286 | | - | 65.3using rural electricity for on-the-farm energy |
---|
2287 | | - | 65.4storage or renewable diesel and ammonia |
---|
2288 | | - | 65.5fertilizer. |
---|
2289 | | - | 65.6(f) Innovative Solution to Renewable Energy |
---|
2290 | | - | 65.7from Food Waste |
---|
2291 | | - | 65.8$5,167,000 the first year is from the trust fund |
---|
2292 | | - | 65.9to the commissioner of natural resources for |
---|
2293 | | - | 65.10an agreement with the Ramsey/Washington |
---|
2294 | | - | 65.11Recycling and Energy Board to provide |
---|
2295 | | - | 65.12reimbursements to offset the processing fees |
---|
2296 | | - | 65.13for the public to divert organic materials from |
---|
2297 | | - | 65.14landfills and produce renewable natural gas |
---|
2298 | | - | 65.15through anaerobic digestion and sequestration |
---|
2299 | | - | 65.16of carbon into biochar. Net income generated |
---|
2300 | | - | 65.17as part of this appropriation may be reinvested |
---|
2301 | | - | 65.18in the project if a plan for reinvestment is |
---|
2302 | | - | 65.19approved in the work plan as provided under |
---|
2303 | | - | 65.20Minnesota Statutes, section 116P.10. This |
---|
2304 | | - | 65.21appropriation is available until June 30, 2029, |
---|
2305 | | - | 65.22by which time the project must be completed |
---|
2306 | | - | 65.23and final products delivered. |
---|
2307 | | - | 65.24(g) Fueling the Future: Decarbonizing Regional |
---|
2308 | | - | 65.25Transportation Project |
---|
2309 | | - | 65.26$3,155,000 the first year is from the trust fund |
---|
2310 | | - | 65.27to the commissioner of natural resources for |
---|
2311 | | - | 65.28an agreement with the city of St. Cloud to |
---|
2312 | | - | 65.29install a green hydrogen production, storage, |
---|
2313 | | - | 65.30and fueling station that provides a renewable, |
---|
2314 | | - | 65.31carbon-free, alternate fuel source to |
---|
2315 | | - | 65.32decarbonize community transportation and |
---|
2316 | | - | 65.33manufacturing sectors. This appropriation may |
---|
2317 | | - | 65.34also be used to convert city fleet and public |
---|
2318 | | - | 65.35transit vehicles to hydrogen fuel. Net income |
---|
2319 | | - | 65.36generated as part of this appropriation may be |
---|
2320 | | - | 65Article 2 Sec. 2. |
---|
2321 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 66.1reinvested in the project if a plan for |
---|
2322 | | - | 66.2reinvestment is approved in the work plan as |
---|
2323 | | - | 66.3provided under Minnesota Statutes, section |
---|
2324 | | - | 66.4116P.10. This appropriation is available until |
---|
2325 | | - | 66.5June 30, 2029, by which time the project must |
---|
2326 | | - | 66.6be completed and final products delivered. |
---|
2327 | | - | -0-12,188,000 |
---|
2328 | | - | 66.7Subd. 8.Methods to Protect or Restore Land, |
---|
2329 | | - | 66.8Water, and Habitat |
---|
2330 | | - | 66.9(a) Minnesota PlantWatch: Community |
---|
2331 | | - | 66.10Scientists Conserving Rare Plants |
---|
2332 | | - | 66.11$1,086,000 the first year is from the trust fund. |
---|
2333 | | - | 66.12Of this amount, $518,000 is to the Board of |
---|
2334 | | - | 66.13Regents of the University of Minnesota for |
---|
2335 | | - | 66.14the Minnesota Landscape Arboretum and |
---|
2336 | | - | 66.15$568,000 is to the commissioner of natural |
---|
2337 | | - | 66.16resources to enhance the Minnesota |
---|
2338 | | - | 66.17PlantWatch program to improve the |
---|
2339 | | - | 66.18conservation of Minnesota's natural resources |
---|
2340 | | - | 66.19and support community scientist-driven rare |
---|
2341 | | - | 66.20plant surveys and seed banking and |
---|
2342 | | - | 66.21preservation. |
---|
2343 | | - | 66.22(b) Grassland Restoration for Pollinator |
---|
2344 | | - | 66.23Conservation and Demonstration |
---|
2345 | | - | 66.24$250,000 the first year is from the trust fund |
---|
2346 | | - | 66.25to the Board of Regents of the University of |
---|
2347 | | - | 66.26Minnesota for the Minnesota Landscape |
---|
2348 | | - | 66.27Arboretum to restore a degraded pasture to |
---|
2349 | | - | 66.28grassland as a model for climate-resilient |
---|
2350 | | - | 66.29pollinator habitat; provide interpretive signage, |
---|
2351 | | - | 66.30education, and community engagement; and |
---|
2352 | | - | 66.31conduct species monitoring. This appropriation |
---|
2353 | | - | 66.32is available until June 30, 2031, by which time |
---|
2354 | | - | 66.33the project must be completed and final |
---|
2355 | | - | 66.34products delivered. |
---|
2356 | | - | 66.35(c) Planning for Long-Term Natural Resources |
---|
2357 | | - | 66.36Protection in Hennepin County |
---|
2358 | | - | 66Article 2 Sec. 2. |
---|
2359 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 67.1$250,000 the first year is from the trust fund |
---|
2360 | | - | 67.2to the commissioner of natural resources for |
---|
2361 | | - | 67.3an agreement with Hennepin County to |
---|
2362 | | - | 67.4develop a publicly available interactive map |
---|
2363 | | - | 67.5of natural systems, create a centralized |
---|
2364 | | - | 67.6clearinghouse of data and best practices |
---|
2365 | | - | 67.7toolkit, and provide ongoing technical |
---|
2366 | | - | 67.8assistance for local communities with limited |
---|
2367 | | - | 67.9resources to manage complex natural resources |
---|
2368 | | - | 67.10challenges. Net income generated as part of |
---|
2369 | | - | 67.11this appropriation may be reinvested in the |
---|
2370 | | - | 67.12project if a plan for reinvestment is approved |
---|
2371 | | - | 67.13in the work plan as provided under Minnesota |
---|
2372 | | - | 67.14Statutes, section 116P.10. |
---|
2373 | | - | 67.15(d) Native Forages: Growing Drought and |
---|
2374 | | - | 67.16Climate Resiliency |
---|
2375 | | - | 67.17$2,254,000 the first year is from the trust fund |
---|
2376 | | - | 67.18to the commissioner of natural resources for |
---|
2377 | | - | 67.19an agreement with Ducks Unlimited to |
---|
2378 | | - | 67.20collaborate with livestock farmers to establish |
---|
2379 | | - | 67.21native grassland wildlife habitat and enhance |
---|
2380 | | - | 67.22native forages on working lands to improve |
---|
2381 | | - | 67.23ecological, economic, and climate resiliency. |
---|
2382 | | - | 67.24Notwithstanding subdivision 13, paragraph |
---|
2383 | | - | 67.25(e), restoration efforts may be undertaken on |
---|
2384 | | - | 67.26private lands but must occur on properties |
---|
2385 | | - | 67.27enrolled in long-term agreements to protect |
---|
2386 | | - | 67.28and maintain the restored areas in |
---|
2387 | | - | 67.29conformance with approved restoration and |
---|
2388 | | - | 67.30grazing plans as approved in the work plan. |
---|
2389 | | - | 67.31This appropriation is available until June 30, |
---|
2390 | | - | 67.322031, by which time the project must be |
---|
2391 | | - | 67.33completed and final products delivered. |
---|
2392 | | - | 67.34(e) Accelerated Genetic Migration of Bur Oak |
---|
2393 | | - | 67.35- Ten-Year Data |
---|
2394 | | - | 67Article 2 Sec. 2. |
---|
2395 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 68.1$223,000 the first year is from the trust fund |
---|
2396 | | - | 68.2to the commissioner of natural resources for |
---|
2397 | | - | 68.3an agreement with Great River Greening to |
---|
2398 | | - | 68.4assess the growth and survival of previously |
---|
2399 | | - | 68.5restored bur oak ecotypes to inform techniques |
---|
2400 | | - | 68.6for improved climate resiliency. This |
---|
2401 | | - | 68.7appropriation may also be used to enhance the |
---|
2402 | | - | 68.8previous plantings and disseminate results of |
---|
2403 | | - | 68.9the study to practitioners, students, |
---|
2404 | | - | 68.10landowners, and others. This appropriation is |
---|
2405 | | - | 68.11available until June 30, 2029, by which time |
---|
2406 | | - | 68.12the project must be completed and final |
---|
2407 | | - | 68.13products delivered. |
---|
2408 | | - | 68.14(f) Superior Hiking Trail Bridge, Boardwalk, |
---|
2409 | | - | 68.15and Trailhead Renewal |
---|
2410 | | - | 68.16$532,000 the first year is from the trust fund |
---|
2411 | | - | 68.17to the commissioner of natural resources for |
---|
2412 | | - | 68.18an agreement with the Superior Hiking Trail |
---|
2413 | | - | 68.19Association to renew Superior Hiking Trail |
---|
2414 | | - | 68.20bridges, boardwalks, and trailheads to increase |
---|
2415 | | - | 68.21user safety, improve the user experience, and |
---|
2416 | | - | 68.22protect adjacent land and water. |
---|
2417 | | - | 68.23(g) Mississippi Gateway Shoreline Stabilization |
---|
2418 | | - | 68.24and Fishing Improvements |
---|
2419 | | - | 68.25$735,000 the first year is from the trust fund |
---|
2420 | | - | 68.26to the commissioner of natural resources for |
---|
2421 | | - | 68.27an agreement with Three Rivers Park District |
---|
2422 | | - | 68.28to improve water quality and shoreline fishing |
---|
2423 | | - | 68.29access through shoreline stabilization and |
---|
2424 | | - | 68.30construction of accessible trails and fishing |
---|
2425 | | - | 68.31platforms within Mississippi Gateway |
---|
2426 | | - | 68.32Regional Park. |
---|
2427 | | - | 68.33(h) Phytoremediation of PFAS from Soil |
---|
2428 | | - | 68.34$1,066,000 the first year is from the trust fund |
---|
2429 | | - | 68.35to the Board of Regents of the University of |
---|
2430 | | - | 68Article 2 Sec. 2. |
---|
2431 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 69.1Minnesota to use interdisciplinary research in |
---|
2432 | | - | 69.2biology, nanotechnology, chemistry, and |
---|
2433 | | - | 69.3genetic engineering to develop technology to |
---|
2434 | | - | 69.4remediate soils contaminated with per- and |
---|
2435 | | - | 69.5polyfluoroalkyl substances (PFAS). This |
---|
2436 | | - | 69.6appropriation may also be used to convene |
---|
2437 | | - | 69.7stakeholders to coordinate and advance PFAS |
---|
2438 | | - | 69.8remediation research in Minnesota. This |
---|
2439 | | - | 69.9appropriation is subject to Minnesota Statutes, |
---|
2440 | | - | 69.10section 116P.10. |
---|
2441 | | - | 69.11(i) Removing Mercury from Minnesota Waters |
---|
2442 | | - | 69.12$247,000 the first year is from the trust fund |
---|
2443 | | - | 69.13to the Board of Regents of the University of |
---|
2444 | | - | 69.14Minnesota to test and refine a biotechnology |
---|
2445 | | - | 69.15approach to remove mercury from the food |
---|
2446 | | - | 69.16chain in Minnesota's lakes and rivers and |
---|
2447 | | - | 69.17potentially make fish consumption in |
---|
2448 | | - | 69.18Minnesota safer. This appropriation is subject |
---|
2449 | | - | 69.19to Minnesota Statutes, section 116P.10. |
---|
2450 | | - | 69.20(j) Evaluating Native Seed Mixes for Grazing |
---|
2451 | | - | 69.21$208,000 the first year is from the trust fund |
---|
2452 | | - | 69.22to the commissioner of natural resources for |
---|
2453 | | - | 69.23an agreement with Restoravore to assess the |
---|
2454 | | - | 69.24use of native hay and pasture mixes to benefit |
---|
2455 | | - | 69.25biodiversity, soil health, and Minnesota |
---|
2456 | | - | 69.26farmers. A fiscal management plan must be |
---|
2457 | | - | 69.27approved in the work plan before any trust |
---|
2458 | | - | 69.28fund money is spent. |
---|
2459 | | - | 69.29(k) Improving Minnesota Forest Health via |
---|
2460 | | - | 69.30Post-Duff-Burning Soil Analysis |
---|
2461 | | - | 69.31$646,000 the first year is from the trust fund |
---|
2462 | | - | 69.32to the Board of Regents of the University of |
---|
2463 | | - | 69.33Minnesota to thoroughly investigate the impact |
---|
2464 | | - | 69.34of forest floor duff fires on soil dynamics, |
---|
2465 | | - | 69.35nutrient cycles, invasive shrubs, earthworms, |
---|
2466 | | - | 69Article 2 Sec. 2. |
---|
2467 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 70.1and root systems to improve fire management |
---|
2468 | | - | 70.2for Minnesota's forest preservation. This |
---|
2469 | | - | 70.3appropriation may also be used to develop an |
---|
2470 | | - | 70.4outdoor lab-scale duff-burning device. |
---|
2471 | | - | 70.5(l) Minnesota Riverbank Protection and Parks |
---|
2472 | | - | 70.6Improvements |
---|
2473 | | - | 70.7$1,400,000 the first year is from the trust fund |
---|
2474 | | - | 70.8to the commissioner of natural resources for |
---|
2475 | | - | 70.9an agreement with the city of Shakopee to |
---|
2476 | | - | 70.10restore Minnesota River shoreline at Huber |
---|
2477 | | - | 70.11Park by regrading and establishing native |
---|
2478 | | - | 70.12vegetation to protect fish and wildlife habitat, |
---|
2479 | | - | 70.13reduce erosion, and provide public access to |
---|
2480 | | - | 70.14the river. This appropriation is available until |
---|
2481 | | - | 70.15June 30, 2029, by which time the project must |
---|
2482 | | - | 70.16be completed and final products delivered. |
---|
2483 | | - | 70.17(m) Restoration at Wakan Tipi and Bruce Vento |
---|
2484 | | - | 70.18Nature Sanctuary |
---|
2485 | | - | 70.19$669,000 the first year is from the trust fund |
---|
2486 | | - | 70.20to the commissioner of natural resources for |
---|
2487 | | - | 70.21an agreement with the Lower Phalen Creek |
---|
2488 | | - | 70.22Project to conduct citizen-science natural |
---|
2489 | | - | 70.23resource data collection events, recruit and |
---|
2490 | | - | 70.24train volunteer site stewards, and enhance |
---|
2491 | | - | 70.25habitat at Wakan Tipi and the Bruce Vento |
---|
2492 | | - | 70.26Nature Sanctuary. |
---|
2493 | | - | 70.27(n) Promoting Pollinators on Corporate |
---|
2494 | | - | 70.28Campuses |
---|
2495 | | - | 70.29$547,000 the first year is from the trust fund |
---|
2496 | | - | 70.30to the commissioner of natural resources for |
---|
2497 | | - | 70.31an agreement with the University of St. |
---|
2498 | | - | 70.32Thomas to use experimental bee lawn |
---|
2499 | | - | 70.33installations on corporate campuses, combined |
---|
2500 | | - | 70.34with landscape modeling and employee |
---|
2501 | | - | 70.35surveys, to determine potential ecological, |
---|
2502 | | - | 70Article 2 Sec. 2. |
---|
2503 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 71.1economic, and societal benefits of widespread |
---|
2504 | | - | 71.2commercial lawn habitat transformation. This |
---|
2505 | | - | 71.3appropriation is available until June 30, 2029, |
---|
2506 | | - | 71.4by which time the project must be completed |
---|
2507 | | - | 71.5and final products delivered. |
---|
2508 | | - | 71.6(o) Riparian Area Adaptation Strategy for |
---|
2509 | | - | 71.7Southeast Minnesota |
---|
2510 | | - | 71.8$243,000 the first year is from the trust fund |
---|
2511 | | - | 71.9to the commissioner of natural resources for |
---|
2512 | | - | 71.10an agreement with The Nature Conservancy, |
---|
2513 | | - | 71.11in partnership with the University of |
---|
2514 | | - | 71.12Minnesota, to assess an alternative adaptation |
---|
2515 | | - | 71.13strategy to restore riparian areas by excavating |
---|
2516 | | - | 71.14and planting riparian shrubs to reconnect the |
---|
2517 | | - | 71.15floodplains. This appropriation may also be |
---|
2518 | | - | 71.16used for outreach materials and educational |
---|
2519 | | - | 71.17activities. |
---|
2520 | | - | 71.18(p) Minnehaha Park South Plateau Oak Savanna |
---|
2521 | | - | 71.19Restoration |
---|
2522 | | - | 71.20$242,000 the first year is from the trust fund |
---|
2523 | | - | 71.21to the commissioner of natural resources for |
---|
2524 | | - | 71.22an agreement with the Minneapolis Park and |
---|
2525 | | - | 71.23Recreation Board to improve wildlife habitat, |
---|
2526 | | - | 71.24enhance recreational experiences, and restore |
---|
2527 | | - | 71.25an area of urban parkland in Minnehaha Park |
---|
2528 | | - | 71.26to an oak savanna ecosystem. This |
---|
2529 | | - | 71.27appropriation is available until June 30, 2029, |
---|
2530 | | - | 71.28by which time the project must be completed |
---|
2531 | | - | 71.29and final products delivered. |
---|
2532 | | - | 71.30(q) Tree Protection for Minnesota's Tamarack |
---|
2533 | | - | 71.31Against Larch Beetle |
---|
2534 | | - | 71.32$321,000 the first year is from the trust fund |
---|
2535 | | - | 71.33to the Board of Regents of the University of |
---|
2536 | | - | 71.34Minnesota to evaluate new insect management |
---|
2537 | | - | 71.35techniques and key factors for predicting |
---|
2538 | | - | 71Article 2 Sec. 2. |
---|
2539 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 72.1future infestations to protect and preserve trees |
---|
2540 | | - | 72.2from native eastern larch beetle infestations. |
---|
2541 | | - | 72.3(r) Shoreline Restoration and Enhancement at |
---|
2542 | | - | 72.4Minneapolis Lakes |
---|
2543 | | - | 72.5$819,000 the first year is from the trust fund |
---|
2544 | | - | 72.6to the commissioner of natural resources for |
---|
2545 | | - | 72.7an agreement with the Minneapolis Park and |
---|
2546 | | - | 72.8Recreation Board to restore and enhance areas |
---|
2547 | | - | 72.9of turf-dominated, eroding, and low habitat |
---|
2548 | | - | 72.10value lakeshore that impacts the water quality |
---|
2549 | | - | 72.11of the Minneapolis Chain of Lakes. |
---|
2550 | | - | 72.12(s) Developing Markets for CLC Crops |
---|
2551 | | - | 72.13$450,000 the first year is from the trust fund |
---|
2552 | | - | 72.14to the commissioner of agriculture to provide |
---|
2553 | | - | 72.15grants to organizations in Minnesota to |
---|
2554 | | - | 72.16develop enterprises, supply chains, and |
---|
2555 | | - | 72.17markets for continuous living cover crops and |
---|
2556 | | - | 72.18cropping systems in the early stage of |
---|
2557 | | - | 72.19commercial development. This appropriation |
---|
2558 | | - | 72.20is exempt from the income repayment |
---|
2559 | | - | 72.21requirements in Minnesota Statutes, section |
---|
2560 | | - | 72.22116P.10, paragraph (c). |
---|
2561 | | - | -0-19,553,000 |
---|
2562 | | - | 72.23Subd. 9.Land Acquisition, Habitat, and |
---|
2563 | | - | 72.24Recreation |
---|
2564 | | - | 72.25(a) Cannon River Preservation and Access |
---|
2565 | | - | 72.26$2,717,000 the first year is from the trust fund |
---|
2566 | | - | 72.27to the commissioner of natural resources for |
---|
2567 | | - | 72.28an agreement with Dakota County to |
---|
2568 | | - | 72.29rehabilitate the historic Waterford Bridge for |
---|
2569 | | - | 72.30the Mill Towns State Trail; restore and |
---|
2570 | | - | 72.31enhance upland shoreline, forest, and prairie |
---|
2571 | | - | 72.32habitats; and develop a trailhead and |
---|
2572 | | - | 72.33recreational access to the Cannon River. |
---|
2573 | | - | 72.34(b) Mesabi Trail: Aurora to Hoyt Lakes |
---|
2574 | | - | 72Article 2 Sec. 2. |
---|
2575 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 73.1$1,325,000 the first year is from the trust fund |
---|
2576 | | - | 73.2to the commissioner of natural resources for |
---|
2577 | | - | 73.3an agreement with St. Louis and Lake |
---|
2578 | | - | 73.4Counties Regional Railroad Authority for |
---|
2579 | | - | 73.5environmental review and permitting and to |
---|
2580 | | - | 73.6engineer, design, and construct a segment of |
---|
2581 | | - | 73.7the Mesabi Trail beginning at the intersection |
---|
2582 | | - | 73.8of Main Street and Forestry Road in Aurora |
---|
2583 | | - | 73.9toward Hoyt Lakes. |
---|
2584 | | - | 73.10(c) RTA Maintenance Trail Stabilization Project |
---|
2585 | | - | 73.11$500,000 the first year is from the trust fund |
---|
2586 | | - | 73.12to the commissioner of natural resources for |
---|
2587 | | - | 73.13an agreement with the city of Eden Prairie to |
---|
2588 | | - | 73.14construct a retaining wall and restore adjacent |
---|
2589 | | - | 73.15remnant prairie along the maintenance trail at |
---|
2590 | | - | 73.16Richard T. Anderson (RTA) Conservation |
---|
2591 | | - | 73.17Area to mitigate ongoing erosion and protect |
---|
2592 | | - | 73.18native habitat and plant communities. |
---|
2593 | | - | 73.19(d) Local Parks, Trails, and Natural Areas Grant |
---|
2594 | | - | 73.20Programs |
---|
2595 | | - | 73.21$4,769,000 the first year is from the trust fund |
---|
2596 | | - | 73.22to the commissioner of natural resources to |
---|
2597 | | - | 73.23solicit, rank, and fund competitive matching |
---|
2598 | | - | 73.24grants for local parks, trail connections, and |
---|
2599 | | - | 73.25natural and scenic areas under Minnesota |
---|
2600 | | - | 73.26Statutes, section 85.019. This appropriation is |
---|
2601 | | - | 73.27for local nature-based recreation, connections |
---|
2602 | | - | 73.28to regional and state natural areas, and |
---|
2603 | | - | 73.29recreation facilities and may not be used for |
---|
2604 | | - | 73.30athletic facilities such as sport fields, courts, |
---|
2605 | | - | 73.31and playgrounds. This appropriation is exempt |
---|
2606 | | - | 73.32from subdivision 13, paragraph (k). |
---|
2607 | | - | 73.33(e) Boardwalk Over Boggy Land for |
---|
2608 | | - | 73.34Recreational Purposes |
---|
2609 | | - | 73Article 2 Sec. 2. |
---|
2610 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 74.1$148,000 the first year is from the trust fund |
---|
2611 | | - | 74.2to the commissioner of natural resources for |
---|
2612 | | - | 74.3an agreement with the city of Battle Lake to |
---|
2613 | | - | 74.4design and construct a boardwalk over city |
---|
2614 | | - | 74.5land to protect wetlands and to increase |
---|
2615 | | - | 74.6community access to natural areas and wildlife |
---|
2616 | | - | 74.7habitat. |
---|
2617 | | - | 74.8(f) Lake Zumbro Park Water Access and Site |
---|
2618 | | - | 74.9Improvements |
---|
2619 | | - | 74.10$1,978,000 the first year is from the trust fund |
---|
2620 | | - | 74.11to the commissioner of natural resources for |
---|
2621 | | - | 74.12an agreement with Olmsted County to enhance |
---|
2622 | | - | 74.13the Lake Zumbro Park water access and the |
---|
2623 | | - | 74.14federal Americans with Disabilities Act |
---|
2624 | | - | 74.15(ADA) accessibility for boating, fishing, and |
---|
2625 | | - | 74.16viewing, while creating new user-friendly and |
---|
2626 | | - | 74.17accessible amenities for individuals and |
---|
2627 | | - | 74.18families. This may include new fishing docks |
---|
2628 | | - | 74.19or piers, restored shoreline, improved parking, |
---|
2629 | | - | 74.20and ADA accessible access to an existing |
---|
2630 | | - | 74.21kayak and canoe launch. |
---|
2631 | | - | 74.22(g) Scientific and Natural Area (SNA) |
---|
2632 | | - | 74.23Biodiversity Protection |
---|
2633 | | - | 74.24$1,104,000 the first year is from the trust fund |
---|
2634 | | - | 74.25to the commissioner of natural resources for |
---|
2635 | | - | 74.26the scientific and natural area program to |
---|
2636 | | - | 74.27conserve Minnesota's most unique places and |
---|
2637 | | - | 74.28rare species and strategically acquire lands |
---|
2638 | | - | 74.29that meet criteria for SNAs under Minnesota |
---|
2639 | | - | 74.30Statutes, section 86A.05. This appropriation |
---|
2640 | | - | 74.31is available until June 30, 2029, by which time |
---|
2641 | | - | 74.32the project must be completed and final |
---|
2642 | | - | 74.33products delivered. |
---|
2643 | | - | 74.34(h) Scandia Gateway Trail Connection: |
---|
2644 | | - | 74.35Recreation, Wetlands, and Environmental |
---|
2645 | | - | 74.36Education |
---|
2646 | | - | 74Article 2 Sec. 2. |
---|
2647 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 75.1$907,000 the first year is from the trust fund |
---|
2648 | | - | 75.2to the commissioner of natural resources for |
---|
2649 | | - | 75.3an agreement with the city of Scandia to |
---|
2650 | | - | 75.4engineer, design, and construct a bike and |
---|
2651 | | - | 75.5pedestrian trail to connect recreational, |
---|
2652 | | - | 75.6cultural, and environmental resources in |
---|
2653 | | - | 75.7Scandia to the state Gateway Trail. This |
---|
2654 | | - | 75.8appropriation is also to create and install |
---|
2655 | | - | 75.9educational interpretive signage about |
---|
2656 | | - | 75.10wetlands and rain gardens near the trail. |
---|
2657 | | - | 75.11(i) Lake Byllesby Regional Park Restoration and |
---|
2658 | | - | 75.12Recreation |
---|
2659 | | - | 75.13$1,120,000 the first year is from the trust fund |
---|
2660 | | - | 75.14to the commissioner of natural resources for |
---|
2661 | | - | 75.15an agreement with Dakota County to restore |
---|
2662 | | - | 75.16prairie, woodland, and shoreline habitat and |
---|
2663 | | - | 75.17design and install trails, birding and picnic |
---|
2664 | | - | 75.18areas, and other recreational amenities to |
---|
2665 | | - | 75.19enhance the visitor experience and stewardship |
---|
2666 | | - | 75.20at Lake Byllesby Regional Park. This |
---|
2667 | | - | 75.21appropriation is available until June 30, 2029, |
---|
2668 | | - | 75.22by which time the project must be completed |
---|
2669 | | - | 75.23and final products delivered. |
---|
2670 | | - | 75.24(j) Thompson County Park Restoration and |
---|
2671 | | - | 75.25Accessibility Improvements |
---|
2672 | | - | 75.26$867,000 the first year is from the trust fund |
---|
2673 | | - | 75.27to the commissioner of natural resources for |
---|
2674 | | - | 75.28an agreement with Dakota County to develop |
---|
2675 | | - | 75.29a pollinator promenade with accessible natural |
---|
2676 | | - | 75.30surface paths, native plantings, and interpretive |
---|
2677 | | - | 75.31signage at Thompson County Park. This |
---|
2678 | | - | 75.32appropriation may also be used to conduct |
---|
2679 | | - | 75.33stream restoration to enhance visitor |
---|
2680 | | - | 75.34experience and provide stormwater storage, |
---|
2681 | | - | 75.35sediment and nutrient reduction, and increased |
---|
2682 | | - | 75.36habitat and species diversity within the park. |
---|
2683 | | - | 75Article 2 Sec. 2. |
---|
2684 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 76.1This appropriation is available until June 30, |
---|
2685 | | - | 76.22029, by which time the project must be |
---|
2686 | | - | 76.3completed and final products delivered. |
---|
2687 | | - | 76.4(k) Thom Storm Chalet and Outdoor Recreation |
---|
2688 | | - | 76.5Center |
---|
2689 | | - | 76.6$2,312,000 the first year is from the trust fund |
---|
2690 | | - | 76.7to the commissioner of natural resources for |
---|
2691 | | - | 76.8an agreement with the city of Duluth to |
---|
2692 | | - | 76.9construct a new building and accessible |
---|
2693 | | - | 76.10parking for the Thom Storm Chalet and |
---|
2694 | | - | 76.11Outdoor Recreation Center at Chester Park to |
---|
2695 | | - | 76.12expand high-quality outdoor recreation and |
---|
2696 | | - | 76.13environmental education opportunities that |
---|
2697 | | - | 76.14enhance youth and family understanding of |
---|
2698 | | - | 76.15the importance of natural resource protection, |
---|
2699 | | - | 76.16conservation, and preservation. Net income |
---|
2700 | | - | 76.17generated as part of this appropriation may be |
---|
2701 | | - | 76.18reinvested in the project if a plan for |
---|
2702 | | - | 76.19reinvestment is approved in the work plan as |
---|
2703 | | - | 76.20provided under Minnesota Statutes, section |
---|
2704 | | - | 76.21116P.10. |
---|
2705 | | - | 76.22(l) Enhancing Preservation and Accessibility at |
---|
2706 | | - | 76.23Hawk Ridge Nature Reserve |
---|
2707 | | - | 76.24$155,000 the first year is from the trust fund |
---|
2708 | | - | 76.25to the commissioner of natural resources for |
---|
2709 | | - | 76.26an agreement with the city of Duluth to |
---|
2710 | | - | 76.27develop accessible trails and remove invasive |
---|
2711 | | - | 76.28species to enhance outdoor recreation and |
---|
2712 | | - | 76.29education opportunities that promote |
---|
2713 | | - | 76.30conservation of raptors and preservation of |
---|
2714 | | - | 76.31natural resources at Hawk Ridge Nature |
---|
2715 | | - | 76.32Reserve. |
---|
2716 | | - | 76.33(m) Echo Bay County Park - Phase 1 |
---|
2717 | | - | 76.34Construction |
---|
2718 | | - | 76Article 2 Sec. 2. |
---|
2719 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 77.1$1,122,000 the first year is from the trust fund |
---|
2720 | | - | 77.2to the commissioner of natural resources for |
---|
2721 | | - | 77.3an agreement with Otter Tail County to |
---|
2722 | | - | 77.4construct, in accordance with the Echo Bay |
---|
2723 | | - | 77.5County Park Master Plan, access roads, trails, |
---|
2724 | | - | 77.6parking, and bathroom facilities that create |
---|
2725 | | - | 77.7designated public access and use corridors for |
---|
2726 | | - | 77.8outdoor recreation and limit natural resource |
---|
2727 | | - | 77.9impacts in Echo Bay County Park. |
---|
2728 | | - | 77.10(n) Chaska Big Woods Property Acquisition |
---|
2729 | | - | 77.11$529,000 the first year is from the trust fund |
---|
2730 | | - | 77.12to the commissioner of natural resources for |
---|
2731 | | - | 77.13an agreement with the city of Chaska to |
---|
2732 | | - | 77.14acquire property that contains remnant Big |
---|
2733 | | - | 77.15Woods to protect Minnesota forests and |
---|
2734 | | - | 77.16wetlands and to increase community access |
---|
2735 | | - | 77.17to natural areas. |
---|
2736 | | - | -0-7,267,000 |
---|
2737 | | - | 77.18Subd. 10.Administration, Emerging Issues, and |
---|
2738 | | - | 77.19Contract Agreement Reimbursement |
---|
2739 | | - | 77.20(a) Emerging Issues Account |
---|
2740 | | - | 77.21$2,984,000 the first year is from the trust fund |
---|
2741 | | - | 77.22to the Legislative-Citizen Commission on |
---|
2742 | | - | 77.23Minnesota Resources to an emerging issues |
---|
2743 | | - | 77.24account authorized in Minnesota Statutes, |
---|
2744 | | - | 77.25section 116P.08, subdivision 4, paragraph (d). |
---|
2745 | | - | 77.26(b) 2025 Contract Agreement Reimbursement |
---|
2746 | | - | 77.27$280,000 the first year is from the trust fund |
---|
2747 | | - | 77.28to the commissioner of natural resources, at |
---|
2748 | | - | 77.29the direction of the Legislative-Citizen |
---|
2749 | | - | 77.30Commission on Minnesota Resources, for |
---|
2750 | | - | 77.31expenses incurred in preparing and |
---|
2751 | | - | 77.32administering contracts, including for the |
---|
2752 | | - | 77.33agreements specified in this section. |
---|
2753 | | - | 77.34(c) LCCMR Administrative Budget |
---|
2754 | | - | 77Article 2 Sec. 2. |
---|
2755 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 78.1$4,000,000 the first year is from the trust fund |
---|
2756 | | - | 78.2to the Legislative-Citizen Commission on |
---|
2757 | | - | 78.3Minnesota Resources for administration in |
---|
2758 | | - | 78.4fiscal years 2026 and 2027 as provided in |
---|
2759 | | - | 78.5Minnesota Statutes, section 116P.09, |
---|
2760 | | - | 78.6subdivision 5. This appropriation is available |
---|
2761 | | - | 78.7until June 30, 2027. Notwithstanding |
---|
2762 | | - | 78.8Minnesota Statutes, section 116P.11, |
---|
2763 | | - | 78.9paragraph (b), Minnesota Statutes, section |
---|
2764 | | - | 78.1016A.281, applies to this appropriation. |
---|
2765 | | - | 78.11(d) Legislative Coordinating Commission Legacy |
---|
2766 | | - | 78.12Website |
---|
2767 | | - | 78.13$3,000 the first year is from the trust fund to |
---|
2768 | | - | 78.14the Legislative Coordinating Commission for |
---|
2769 | | - | 78.15the website required in Minnesota Statutes, |
---|
2770 | | - | 78.16section 3.303, subdivision 10. |
---|
2771 | | - | 78.17Subd. 11.Availability of appropriations |
---|
2772 | | - | 78.18Money appropriated in this section may not |
---|
2773 | | - | 78.19be spent on activities unless they are directly |
---|
2774 | | - | 78.20related to and necessary for a specific |
---|
2775 | | - | 78.21appropriation and are specified in the work |
---|
2776 | | - | 78.22plan approved by the Legislative-Citizen |
---|
2777 | | - | 78.23Commission on Minnesota Resources. Money |
---|
2778 | | - | 78.24appropriated in this section must not be spent |
---|
2779 | | - | 78.25on indirect costs or other institutional overhead |
---|
2780 | | - | 78.26charges that are not directly related to and |
---|
2781 | | - | 78.27necessary for a specific appropriation. Costs |
---|
2782 | | - | 78.28that are directly related to and necessary for |
---|
2783 | | - | 78.29an appropriation, including financial services, |
---|
2784 | | - | 78.30human resources, information services, rent, |
---|
2785 | | - | 78.31and utilities, are eligible only if the costs can |
---|
2786 | | - | 78.32be clearly justified and individually |
---|
2787 | | - | 78.33documented specific to the appropriation's |
---|
2788 | | - | 78.34purpose and would not be generated by the |
---|
2789 | | - | 78.35recipient but for receipt of the appropriation. |
---|
2790 | | - | 78Article 2 Sec. 2. |
---|
2791 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 79.1No broad allocations for costs in either dollars |
---|
2792 | | - | 79.2or percentages are allowed. Unless otherwise |
---|
2793 | | - | 79.3provided, the amounts in this section are |
---|
2794 | | - | 79.4available for three years beginning July 1, |
---|
2795 | | - | 79.52025, and ending June 30, 2028, when projects |
---|
2796 | | - | 79.6must be completed and final products |
---|
2797 | | - | 79.7delivered. For acquisition of real property, the |
---|
2798 | | - | 79.8appropriations in this section are available for |
---|
2799 | | - | 79.9an additional fiscal year if a binding contract |
---|
2800 | | - | 79.10for acquisition of the real property is entered |
---|
2801 | | - | 79.11into before the expiration date of the |
---|
2802 | | - | 79.12appropriation. If a project receives a federal |
---|
2803 | | - | 79.13award, the period of the appropriation is |
---|
2804 | | - | 79.14extended to equal the federal award period to |
---|
2805 | | - | 79.15a maximum trust fund appropriation length of |
---|
2806 | | - | 79.16six years. |
---|
2807 | | - | 79.17Subd. 12.Data availability requirements |
---|
2808 | | - | 79.18Data collected by the projects funded under |
---|
2809 | | - | 79.19this section must conform to guidelines and |
---|
2810 | | - | 79.20standards adopted by Minnesota IT Services. |
---|
2811 | | - | 79.21Spatial data must also conform to additional |
---|
2812 | | - | 79.22guidelines and standards designed to support |
---|
2813 | | - | 79.23data coordination and distribution that have |
---|
2814 | | - | 79.24been published by the Minnesota Geospatial |
---|
2815 | | - | 79.25Information Office. Descriptions of spatial |
---|
2816 | | - | 79.26data must be prepared as specified in the state's |
---|
2817 | | - | 79.27geographic metadata guidelines and final data |
---|
2818 | | - | 79.28must be uploaded to the Minnesota Geospatial |
---|
2819 | | - | 79.29Commons upon project completion. All data |
---|
2820 | | - | 79.30must be accessible and free to the public |
---|
2821 | | - | 79.31unless made private under the Data Practices |
---|
2822 | | - | 79.32Act, Minnesota Statutes, chapter 13. To the |
---|
2823 | | - | 79.33extent practicable, summary data and results |
---|
2824 | | - | 79.34of projects funded under this section should |
---|
2825 | | - | 79.35be readily accessible on the Internet and |
---|
2826 | | - | 79Article 2 Sec. 2. |
---|
2827 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 80.1identified as having received funding from the |
---|
2828 | | - | 80.2environment and natural resources trust fund. |
---|
2829 | | - | 80.3Subd. 13.Project requirements |
---|
2830 | | - | 80.4(a) As a condition of accepting an |
---|
2831 | | - | 80.5appropriation under this section, an agency or |
---|
2832 | | - | 80.6entity receiving an appropriation or a party to |
---|
2833 | | - | 80.7an agreement from an appropriation must |
---|
2834 | | - | 80.8comply with paragraphs (b) to (m) and |
---|
2835 | | - | 80.9Minnesota Statutes, chapter 116P, and must |
---|
2836 | | - | 80.10submit a work plan and annual or semiannual |
---|
2837 | | - | 80.11progress reports in the form determined by the |
---|
2838 | | - | 80.12Legislative-Citizen Commission on Minnesota |
---|
2839 | | - | 80.13Resources for any project funded in whole or |
---|
2840 | | - | 80.14in part with money from the appropriation. |
---|
2841 | | - | 80.15Modifications to the approved work plan and |
---|
2842 | | - | 80.16budget expenditures must be made through |
---|
2843 | | - | 80.17the amendment process established by the |
---|
2844 | | - | 80.18Legislative-Citizen Commission on Minnesota |
---|
2845 | | - | 80.19Resources. |
---|
2846 | | - | 80.20(b) A recipient of money appropriated in this |
---|
2847 | | - | 80.21section that conducts a restoration using |
---|
2848 | | - | 80.22money appropriated in this section must use |
---|
2849 | | - | 80.23native plant species according to the Board of |
---|
2850 | | - | 80.24Water and Soil Resources' native vegetation |
---|
2851 | | - | 80.25establishment and enhancement guidelines |
---|
2852 | | - | 80.26and include an appropriate diversity of native |
---|
2853 | | - | 80.27species selected to provide habitat for |
---|
2854 | | - | 80.28pollinators throughout the growing season as |
---|
2855 | | - | 80.29required under Minnesota Statutes, section |
---|
2856 | | - | 80.3084.973. |
---|
2857 | | - | 80.31(c) For all restorations conducted with money |
---|
2858 | | - | 80.32appropriated under this section, a recipient |
---|
2859 | | - | 80.33must prepare an ecological restoration and |
---|
2860 | | - | 80.34management plan that, to the degree |
---|
2861 | | - | 80.35practicable, is consistent with the |
---|
2862 | | - | 80Article 2 Sec. 2. |
---|
2863 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 81.1highest-quality conservation and ecological |
---|
2864 | | - | 81.2goals for the restoration site. Consideration |
---|
2865 | | - | 81.3should be given to soil, geology, topography, |
---|
2866 | | - | 81.4and other relevant factors that would provide |
---|
2867 | | - | 81.5the best chance for long-term success and |
---|
2868 | | - | 81.6durability of the restoration project. The plan |
---|
2869 | | - | 81.7must include the proposed timetable for |
---|
2870 | | - | 81.8implementing the restoration, including site |
---|
2871 | | - | 81.9preparation, establishment of diverse plant |
---|
2872 | | - | 81.10species, maintenance, and additional |
---|
2873 | | - | 81.11enhancement to establish the restoration; |
---|
2874 | | - | 81.12identify long-term maintenance and |
---|
2875 | | - | 81.13management needs of the restoration and how |
---|
2876 | | - | 81.14the maintenance, management, and |
---|
2877 | | - | 81.15enhancement will be financed; and take |
---|
2878 | | - | 81.16advantage of the best-available science and |
---|
2879 | | - | 81.17include innovative techniques to achieve the |
---|
2880 | | - | 81.18best restoration. |
---|
2881 | | - | 81.19(d) An entity receiving an appropriation in this |
---|
2882 | | - | 81.20section for restoration activities must provide |
---|
2883 | | - | 81.21an initial restoration evaluation at the |
---|
2884 | | - | 81.22completion of the appropriation and an |
---|
2885 | | - | 81.23evaluation three years after the completion of |
---|
2886 | | - | 81.24the expenditure. Restorations must be |
---|
2887 | | - | 81.25evaluated relative to the stated goals and |
---|
2888 | | - | 81.26standards in the restoration plan, current |
---|
2889 | | - | 81.27science, and, when applicable, the Board of |
---|
2890 | | - | 81.28Water and Soil Resources' native vegetation |
---|
2891 | | - | 81.29establishment and enhancement guidelines. |
---|
2892 | | - | 81.30The evaluation must determine whether the |
---|
2893 | | - | 81.31restorations are meeting planned goals, |
---|
2894 | | - | 81.32identify any problems with implementing the |
---|
2895 | | - | 81.33restorations, and, if necessary, give |
---|
2896 | | - | 81.34recommendations on improving restorations. |
---|
2897 | | - | 81.35The evaluation must be focused on improving |
---|
2898 | | - | 81.36future restorations. |
---|
2899 | | - | 81Article 2 Sec. 2. |
---|
2900 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 82.1(e) All restoration and enhancement projects |
---|
2901 | | - | 82.2funded with money appropriated in this section |
---|
2902 | | - | 82.3must be on land permanently protected by a |
---|
2903 | | - | 82.4conservation easement or public ownership. |
---|
2904 | | - | 82.5(f) A recipient of money from an appropriation |
---|
2905 | | - | 82.6under this section must give consideration to |
---|
2906 | | - | 82.7contracting with Conservation Corps |
---|
2907 | | - | 82.8Minnesota for contract restoration and |
---|
2908 | | - | 82.9enhancement services. |
---|
2909 | | - | 82.10(g) All conservation easements acquired with |
---|
2910 | | - | 82.11money appropriated under this section must: |
---|
2911 | | - | 82.12(1) be permanent; |
---|
2912 | | - | 82.13(2) specify the parties to the easement in the |
---|
2913 | | - | 82.14easement document; |
---|
2914 | | - | 82.15(3) specify all provisions of an agreement that |
---|
2915 | | - | 82.16are permanent; |
---|
2916 | | - | 82.17(4) be sent to the Legislative-Citizen |
---|
2917 | | - | 82.18Commission on Minnesota Resources in an |
---|
2918 | | - | 82.19electronic format at least 20 business days |
---|
2919 | | - | 82.20before closing; |
---|
2920 | | - | 82.21(5) include a long-term monitoring and |
---|
2921 | | - | 82.22enforcement plan and funding for monitoring |
---|
2922 | | - | 82.23and enforcing the easement agreement; and |
---|
2923 | | - | 82.24(6) include requirements in the easement |
---|
2924 | | - | 82.25document to protect the quantity and quality |
---|
2925 | | - | 82.26of groundwater and surface water through |
---|
2926 | | - | 82.27specific activities, such as keeping water on |
---|
2927 | | - | 82.28the landscape, reducing nutrient and |
---|
2928 | | - | 82.29contaminant loading, and not permitting |
---|
2929 | | - | 82.30artificial hydrological modifications. |
---|
2930 | | - | 82.31(h) For any acquisition of lands or interest in |
---|
2931 | | - | 82.32lands, a recipient of money appropriated under |
---|
2932 | | - | 82.33this section must not agree to pay more than |
---|
2933 | | - | 82Article 2 Sec. 2. |
---|
2934 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 83.1100 percent of the appraised value for a parcel |
---|
2935 | | - | 83.2of land using this money to complete the |
---|
2936 | | - | 83.3purchase, in part or in whole, except that up |
---|
2937 | | - | 83.4to ten percent above the appraised value may |
---|
2938 | | - | 83.5be allowed to complete the purchase, in part |
---|
2939 | | - | 83.6or in whole, using this money if permission is |
---|
2940 | | - | 83.7received in advance of the purchase from the |
---|
2941 | | - | 83.8Legislative-Citizen Commission on Minnesota |
---|
2942 | | - | 83.9Resources. |
---|
2943 | | - | 83.10(i) For any acquisition of land or interest in |
---|
2944 | | - | 83.11land, a recipient of money appropriated under |
---|
2945 | | - | 83.12this section must give priority to high-quality |
---|
2946 | | - | 83.13natural resources or conservation lands that |
---|
2947 | | - | 83.14provide natural buffers to water resources. |
---|
2948 | | - | 83.15(j) For new lands acquired with money |
---|
2949 | | - | 83.16appropriated under this section, a recipient |
---|
2950 | | - | 83.17must prepare an ecological restoration and |
---|
2951 | | - | 83.18management plan in compliance with |
---|
2952 | | - | 83.19paragraph (c), including sufficient funding for |
---|
2953 | | - | 83.20implementation unless the work plan addresses |
---|
2954 | | - | 83.21why a portion of the money is not necessary |
---|
2955 | | - | 83.22to achieve a high-quality restoration. |
---|
2956 | | - | 83.23(k) To ensure public accountability for using |
---|
2957 | | - | 83.24public money, a recipient of money |
---|
2958 | | - | 83.25appropriated under this section must, within |
---|
2959 | | - | 83.2660 days of a land acquisition, provide to the |
---|
2960 | | - | 83.27Legislative-Citizen Commission on Minnesota |
---|
2961 | | - | 83.28Resources documentation of the selection |
---|
2962 | | - | 83.29process used to identify parcels acquired and |
---|
2963 | | - | 83.30provide documentation of all related |
---|
2964 | | - | 83.31transaction costs, including but not limited to |
---|
2965 | | - | 83.32appraisals, legal fees, recording fees, |
---|
2966 | | - | 83.33commissions, other similar costs, and |
---|
2967 | | - | 83.34donations. This information must be provided |
---|
2968 | | - | 83.35for all parties involved in the transaction. The |
---|
2969 | | - | 83Article 2 Sec. 2. |
---|
2970 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 84.1recipient must also report to the |
---|
2971 | | - | 84.2Legislative-Citizen Commission on Minnesota |
---|
2972 | | - | 84.3Resources any difference between the |
---|
2973 | | - | 84.4acquisition amount paid to the seller and the |
---|
2974 | | - | 84.5state-certified or state-reviewed appraisal, if |
---|
2975 | | - | 84.6a state-certified or state-reviewed appraisal |
---|
2976 | | - | 84.7was conducted. |
---|
2977 | | - | 84.8(l) A recipient of an appropriation from the |
---|
2978 | | - | 84.9trust fund under this section must acknowledge |
---|
2979 | | - | 84.10financial support from the environment and |
---|
2980 | | - | 84.11natural resources trust fund in project |
---|
2981 | | - | 84.12publications, signage, and other public |
---|
2982 | | - | 84.13communications and outreach related to work |
---|
2983 | | - | 84.14completed using the appropriation. |
---|
2984 | | - | 84.15Acknowledgment may occur, as appropriate, |
---|
2985 | | - | 84.16through use of the trust fund logo or inclusion |
---|
2986 | | - | 84.17of language attributing support from the trust |
---|
2987 | | - | 84.18fund. Each direct recipient of money |
---|
2988 | | - | 84.19appropriated in this section, as well as each |
---|
2989 | | - | 84.20recipient of a grant awarded pursuant to this |
---|
2990 | | - | 84.21section, must satisfy all reporting and other |
---|
2991 | | - | 84.22requirements incumbent upon constitutionally |
---|
2992 | | - | 84.23dedicated funding recipients as provided in |
---|
2993 | | - | 84.24Minnesota Statutes, section 3.303, subdivision |
---|
2994 | | - | 84.2510, and chapter 116P. |
---|
2995 | | - | 84.26(m) A recipient of an appropriation from the |
---|
2996 | | - | 84.27trust fund under this section that is receiving |
---|
2997 | | - | 84.28funding to conduct children's services, as |
---|
2998 | | - | 84.29defined in Minnesota Statutes, section |
---|
2999 | | - | 84.30299C.61, subdivision 7, must certify to the |
---|
3000 | | - | 84.31Legislative-Citizen Commission on Minnesota |
---|
3001 | | - | 84.32Resources, as part of the required work plan, |
---|
3002 | | - | 84.33that criminal background checks for |
---|
3003 | | - | 84.34background check crimes, as defined in |
---|
3004 | | - | 84.35Minnesota Statutes, section 299C.61, |
---|
3005 | | - | 84Article 2 Sec. 2. |
---|
3006 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 85.1subdivision 2, are performed on all employees, |
---|
3007 | | - | 85.2contractors, and volunteers that have or may |
---|
3008 | | - | 85.3have access to a child to whom the recipient |
---|
3009 | | - | 85.4provides children's services using the |
---|
3010 | | - | 85.5appropriation. |
---|
3011 | | - | 85.6Subd. 14.Payment conditions and capital |
---|
3012 | | - | 85.7equipment expenditures |
---|
3013 | | - | 85.8(a) All agreements, grants, or contracts |
---|
3014 | | - | 85.9referred to in this section must be administered |
---|
3015 | | - | 85.10on a reimbursement basis unless otherwise |
---|
3016 | | - | 85.11provided in this section. Notwithstanding |
---|
3017 | | - | 85.12Minnesota Statutes, section 16A.41, |
---|
3018 | | - | 85.13expenditures made on or after July 1, 2025, |
---|
3019 | | - | 85.14or the date the work plan is approved, |
---|
3020 | | - | 85.15whichever is later, are eligible for |
---|
3021 | | - | 85.16reimbursement unless otherwise provided in |
---|
3022 | | - | 85.17this section. Periodic payments must be made |
---|
3023 | | - | 85.18upon receiving documentation that the |
---|
3024 | | - | 85.19deliverable items articulated in the approved |
---|
3025 | | - | 85.20work plan have been achieved, including |
---|
3026 | | - | 85.21partial achievements as evidenced by approved |
---|
3027 | | - | 85.22progress reports. Reasonable amounts may be |
---|
3028 | | - | 85.23advanced to projects to accommodate |
---|
3029 | | - | 85.24cash-flow needs or match federal money. The |
---|
3030 | | - | 85.25advances must be approved as part of the work |
---|
3031 | | - | 85.26plan. No expenditures for capital equipment |
---|
3032 | | - | 85.27are allowed unless expressly authorized in the |
---|
3033 | | - | 85.28project work plan. |
---|
3034 | | - | 85.29(b) Single-source contracts as specified in the |
---|
3035 | | - | 85.30approved work plan are allowed. |
---|
3036 | | - | 85.31Subd. 15.Purchasing recycled and recyclable |
---|
3037 | | - | 85.32materials |
---|
3038 | | - | 85.33A political subdivision, public or private |
---|
3039 | | - | 85.34corporation, or other entity that receives an |
---|
3040 | | - | 85.35appropriation under this section must use the |
---|
3041 | | - | 85Article 2 Sec. 2. |
---|
3042 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 86.1appropriation in compliance with Minnesota |
---|
3043 | | - | 86.2Statutes, section 16C.0725, regarding |
---|
3044 | | - | 86.3purchasing recycled, repairable, and durable |
---|
3045 | | - | 86.4materials, and Minnesota Statutes, section |
---|
3046 | | - | 86.516C.073, regarding purchasing and using |
---|
3047 | | - | 86.6paper stock and printing. |
---|
3048 | | - | 86.7Subd. 16.Accessibility |
---|
3049 | | - | 86.8Structural and nonstructural facilities must |
---|
3050 | | - | 86.9meet the design standards in the Americans |
---|
3051 | | - | 86.10with Disabilities Act (ADA) accessibility |
---|
3052 | | - | 86.11guidelines. |
---|
3053 | | - | 86.12Subd. 17.Carryforward; extensions |
---|
3054 | | - | 86.13(a) The availability of the appropriations for |
---|
3055 | | - | 86.14the following projects is extended to June 30, |
---|
3056 | | - | 86.152026: |
---|
3057 | | - | 86.16(1) Laws 2021, First Special Session chapter |
---|
3058 | | - | 86.176, article 5, section 2, subdivision 3, paragraph |
---|
3059 | | - | 86.18(d), Foundational Hydrology Data for Wetland |
---|
3060 | | - | 86.19Protection and Restoration; |
---|
3061 | | - | 86.20(2) Laws 2021, First Special Session chapter |
---|
3062 | | - | 86.216, article 5, section 2, subdivision 6, paragraph |
---|
3063 | | - | 86.22(b), Protect Community Forests by Managing |
---|
3064 | | - | 86.23Ash for Emerald Ash Borer; |
---|
3065 | | - | 86.24(3) Laws 2021, First Special Session chapter |
---|
3066 | | - | 86.256, article 5, section 2, subdivision 9, paragraph |
---|
3067 | | - | 86.26(t), Chippewa County Acquisition, Recreation, |
---|
3068 | | - | 86.27and Education; |
---|
3069 | | - | 86.28(4) Laws 2021, First Special Session chapter |
---|
3070 | | - | 86.296, article 6, section 2, subdivision 3, paragraph |
---|
3071 | | - | 86.30(g), Geologic Atlases for Water Resource |
---|
3072 | | - | 86.31Management; |
---|
3073 | | - | 86.32(5) Laws 2021, First Special Session chapter |
---|
3074 | | - | 86.336, article 6, section 2, subdivision 3, paragraph |
---|
3075 | | - | 86Article 2 Sec. 2. |
---|
3076 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 87.1(n), Bioacoustics for Broad-Scale Species |
---|
3077 | | - | 87.2Monitoring and Conservation; |
---|
3078 | | - | 87.3(6) Laws 2022, chapter 94, section 2, |
---|
3079 | | - | 87.4subdivision 4, paragraph (f), Water and |
---|
3080 | | - | 87.5Climate Information to Enhance Community |
---|
3081 | | - | 87.6Resilience; |
---|
3082 | | - | 87.7(7) Laws 2022, chapter 94, section 2, |
---|
3083 | | - | 87.8subdivision 4, paragraph (i), Is the Tire |
---|
3084 | | - | 87.9Chemical 6PPDq Killing Minnesota's Fish?; |
---|
3085 | | - | 87.10(8) Laws 2022, chapter 94, section 2, |
---|
3086 | | - | 87.11subdivision 7, paragraph (a), Green Solar Cells |
---|
3087 | | - | 87.12from a Minnesota Natural Resource; |
---|
3088 | | - | 87.13(9) Laws 2022, chapter 94, section 2, |
---|
3089 | | - | 87.14subdivision 8, paragraph (d), Hastings Lake |
---|
3090 | | - | 87.15Rebecca Park Area; |
---|
3091 | | - | 87.16(10) Laws 2022, chapter 94, section 2, |
---|
3092 | | - | 87.17subdivision 9, paragraph (a), as amended by |
---|
3093 | | - | 87.18Laws 2023, chapter 60, article 2, section 15, |
---|
3094 | | - | 87.19Mesabi Trail: Wahlsten Road (CR 26) to |
---|
3095 | | - | 87.20Tower; and |
---|
3096 | | - | 87.21(11) Laws 2022, chapter 94, section 2, |
---|
3097 | | - | 87.22subdivision 9, paragraph (j), as amended by |
---|
3098 | | - | 87.23Laws 2024, chapter 83, section 5, Silver Bay |
---|
3099 | | - | 87.24Multimodal Trailhead Project. |
---|
3100 | | - | 87.25(b) The availability of the appropriations for |
---|
3101 | | - | 87.26the following projects is extended to June 30, |
---|
3102 | | - | 87.272027: |
---|
3103 | | - | 87.28(1) Laws 2022, chapter 94, section 2, |
---|
3104 | | - | 87.29subdivision 4, paragraph (g), Catch and |
---|
3105 | | - | 87.30Reveal: Discovering Unknown Fish |
---|
3106 | | - | 87.31Contamination Threats; |
---|
3107 | | - | 87.32(2) Laws 2022, chapter 94, section 2, |
---|
3108 | | - | 87.33subdivision 9, paragraph (e), Native Prairie |
---|
3109 | | - | 87Article 2 Sec. 2. |
---|
3110 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 88.1Stewardship and Prairie Bank Easement |
---|
3111 | | - | 88.2Acquisition; |
---|
3112 | | - | 88.3(3) Laws 2022, chapter 94, section 2, |
---|
3113 | | - | 88.4subdivision 9, paragraph (h), SNA Habitat |
---|
3114 | | - | 88.5Restoration and Public Engagement; and |
---|
3115 | | - | 88.6(4) Laws 2022, chapter 94, section 2, |
---|
3116 | | - | 88.7subdivision 9, paragraph (n), Ranier Safe |
---|
3117 | | - | 88.8Harbor/Transient Dock - Phase 2. |
---|
3118 | | - | 88.9 EFFECTIVE DATE.Subdivision 17 is effective the day following final enactment. |
---|
3119 | | - | 88.10Sec. 3. Laws 2024, chapter 83, section 2, subdivision 3, is amended to read: |
---|
3120 | | - | 14,993,000-0- |
---|
3121 | | - | 88.11Subd. 3.Foundational Natural Resource Data |
---|
3122 | | - | 88.12and Information |
---|
3123 | | - | 88.13(a) Native Plant Community Data in the City of |
---|
3124 | | - | 88.14Duluth |
---|
3125 | | - | 88.15$198,000 the second year is from the trust |
---|
3126 | | - | 88.16fund to the commissioner of natural resources |
---|
3127 | | - | 88.17for an agreement with Minnesota Land Trust |
---|
3128 | | - | 88.18to develop field-verified native plant |
---|
3129 | | - | 88.19community data and maps for the city of |
---|
3130 | | - | 88.20Duluth and the St. Louis River estuary to |
---|
3131 | | - | 88.21support conservation and restoration activities. |
---|
3132 | | - | 88.22(b) Reconstructing Historical Wild Rice to |
---|
3133 | | - | 88.23Understand Its Future |
---|
3134 | | - | 88.24$200,000 the second year is from the trust |
---|
3135 | | - | 88.25fund to the Science Museum of Minnesota for |
---|
3136 | | - | 88.26the St. Croix Watershed Research Station to |
---|
3137 | | - | 88.27characterize environmental drivers |
---|
3138 | | - | 88.28contributing to the decline of wild rice using |
---|
3139 | | - | 88.29lake sediment cores to reconstruct historical |
---|
3140 | | - | 88.30wild rice abundance in relation to lake and |
---|
3141 | | - | 88.31watershed stressors. |
---|
3142 | | - | 88.32(c) Characterizing Tree Cavities and Use by |
---|
3143 | | - | 88.33Minnesota's Wildlife |
---|
3144 | | - | 88Article 2 Sec. 3. |
---|
3145 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 89.1$349,000 the second year is from the trust |
---|
3146 | | - | 89.2fund to the Board of Regents of the University |
---|
3147 | | - | 89.3of Minnesota for the Natural Resources |
---|
3148 | | - | 89.4Research Institute in Duluth to assess the |
---|
3149 | | - | 89.5effects of forest management on Minnesota's |
---|
3150 | | - | 89.6primary cavity engineer, the pileated |
---|
3151 | | - | 89.7woodpecker, and on the wildlife that rely on |
---|
3152 | | - | 89.8the cavities that pileated woodpeckers create. |
---|
3153 | | - | 89.9This appropriation is also to develop |
---|
3154 | | - | 89.10management guidelines. |
---|
3155 | | - | 89.11(d) Fate of Minnesota's Lakes in the Next |
---|
3156 | | - | 89.12Century |
---|
3157 | | - | 89.13$453,000 the second year is from the trust |
---|
3158 | | - | 89.14fund to the Board of Regents of the University |
---|
3159 | | - | 89.15of Minnesota to use new modeling techniques |
---|
3160 | | - | 89.16to quantify how water quality of Minnesota's |
---|
3161 | | - | 89.17lakes will change in the next century under |
---|
3162 | | - | 89.18future land use and climate change scenarios |
---|
3163 | | - | 89.19and to create an online web tool to display the |
---|
3164 | | - | 89.20results. This appropriation is subject to |
---|
3165 | | - | 89.21Minnesota Statutes, section 116P.10.This |
---|
3166 | | - | 89.22appropriation is available until June 30, 2028, |
---|
3167 | | - | 89.23by which time the project must be completed |
---|
3168 | | - | 89.24and final products delivered. |
---|
3169 | | - | 89.25(e) Turtle Island Skywatchers - Minnesota |
---|
3170 | | - | 89.26Research and Data Visualization |
---|
3171 | | - | 89.27$200,000 the second year is from the trust |
---|
3172 | | - | 89.28fund to the commissioner of natural resources |
---|
3173 | | - | 89.29for an agreement with Native Skywatchers |
---|
3174 | | - | 89.30Inc. to engage youth in environmental |
---|
3175 | | - | 89.31stewardship by collecting images and acoustic |
---|
3176 | | - | 89.32data from turtles and other culturally |
---|
3177 | | - | 89.33significant animals and their habitats, |
---|
3178 | | - | 89.34evaluating the differences in these soundscapes |
---|
3179 | | - | 89.35across landscapes, and sharing the results |
---|
3180 | | - | 89Article 2 Sec. 3. |
---|
3181 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 90.1through scientific storytelling and online |
---|
3182 | | - | 90.2platforms. |
---|
3183 | | - | 90.3(f) Monitoring Minnesota's Insects: Connecting |
---|
3184 | | - | 90.4Habitat to Insect Prey |
---|
3185 | | - | 90.5$199,000 the second year is from the trust |
---|
3186 | | - | 90.6fund to the Board of Regents of the University |
---|
3187 | | - | 90.7of Minnesota to investigate the ecological |
---|
3188 | | - | 90.8roles of and energy transfer by certain |
---|
3189 | | - | 90.9Minnesota insects throughout their life cycles |
---|
3190 | | - | 90.10and to train future insect researchers on field |
---|
3191 | | - | 90.11techniques. |
---|
3192 | | - | 90.12(g) Determining Ambient Background PFAS |
---|
3193 | | - | 90.13Concentrations in Minnesota Soils |
---|
3194 | | - | 90.14$621,000 the second year is from the trust |
---|
3195 | | - | 90.15fund to the commissioner of the Pollution |
---|
3196 | | - | 90.16Control Agency to determine ambient |
---|
3197 | | - | 90.17background per- and polyfluoroalkyl substance |
---|
3198 | | - | 90.18(PFAS) levels in urban and nonurban soils to |
---|
3199 | | - | 90.19help Minnesota develop management |
---|
3200 | | - | 90.20strategies for PFAS-contaminated soils. This |
---|
3201 | | - | 90.21appropriation is available until June 30, 2028, |
---|
3202 | | - | 90.22by which time the project must be completed |
---|
3203 | | - | 90.23and final products delivered. |
---|
3204 | | - | 90.24(h) Investigating Life History Characteristics of |
---|
3205 | | - | 90.25Minnesota Elk |
---|
3206 | | - | 90.26$933,000 the second year is from the trust |
---|
3207 | | - | 90.27fund to the commissioner of natural resources |
---|
3208 | | - | 90.28to assess Minnesota elk herd health and |
---|
3209 | | - | 90.29genetic diversity, movements, survival, and |
---|
3210 | | - | 90.30causes of mortality and to develop a |
---|
3211 | | - | 90.31noninvasive, safer, and more accurate method |
---|
3212 | | - | 90.32to estimate population size. This appropriation |
---|
3213 | | - | 90.33is available until June 30, 2028, by which time |
---|
3214 | | - | 90.34the project must be completed and final |
---|
3215 | | - | 90.35products delivered. |
---|
3216 | | - | 90Article 2 Sec. 3. |
---|
3217 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 91.1(i) Foundational Data for Moth and Butterfly |
---|
3218 | | - | 91.2Conservation |
---|
3219 | | - | 91.3$195,000 the second year is from the trust |
---|
3220 | | - | 91.4fund to the commissioner of natural resources |
---|
3221 | | - | 91.5to perform field surveys and consolidate |
---|
3222 | | - | 91.6existing data to create the first comprehensive |
---|
3223 | | - | 91.7list of Minnesota moths and butterflies. This |
---|
3224 | | - | 91.8appropriation is also to conduct outreach to |
---|
3225 | | - | 91.9inform land managers and to facilitate public |
---|
3226 | | - | 91.10appreciation of these species. |
---|
3227 | | - | 91.11(j) DNR County Groundwater Atlas |
---|
3228 | | - | 91.12$3,200,000 the second year is from the trust |
---|
3229 | | - | 91.13fund to the commissioner of natural resources |
---|
3230 | | - | 91.14to continue producing county groundwater |
---|
3231 | | - | 91.15atlases to inform management of surface water |
---|
3232 | | - | 91.16and groundwater resources for drinking and |
---|
3233 | | - | 91.17other purposes. This appropriation is for Part |
---|
3234 | | - | 91.18B, to characterize the potential water yields of |
---|
3235 | | - | 91.19aquifers and aquifers' sensitivity to |
---|
3236 | | - | 91.20contamination. |
---|
3237 | | - | 91.21(k) Voyageurs Wolf Project - Phase III |
---|
3238 | | - | 91.22$996,000 the second year is from the trust |
---|
3239 | | - | 91.23fund to the Board of Regents of the University |
---|
3240 | | - | 91.24of Minnesota to continue to study summertime |
---|
3241 | | - | 91.25wolf predation on deer, moose, and other |
---|
3242 | | - | 91.26species in the greater Voyageurs ecosystem |
---|
3243 | | - | 91.27to inform wildlife management and to share |
---|
3244 | | - | 91.28natural history of this species with the public. |
---|
3245 | | - | 91.29This appropriation is available until June 30, |
---|
3246 | | - | 91.302028, by which time the project must be |
---|
3247 | | - | 91.31completed and final products delivered. |
---|
3248 | | - | 91.32(l) Distribution and Population Status of Weasels |
---|
3249 | | - | 91.33in Minnesota |
---|
3250 | | - | 91.34$400,000 the second year is from the trust |
---|
3251 | | - | 91.35fund to the Board of Regents of the University |
---|
3252 | | - | 91Article 2 Sec. 3. |
---|
3253 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 92.1of Minnesota for the Natural Resources |
---|
3254 | | - | 92.2Research Institute in Duluth to determine the |
---|
3255 | | - | 92.3distribution, relative abundance, and spatial |
---|
3256 | | - | 92.4occupancy patterns of small weasel species in |
---|
3257 | | - | 92.5Minnesota to fill key knowledge gaps in |
---|
3258 | | - | 92.6weasel distribution and status in Minnesota. |
---|
3259 | | - | 92.7(m) Improving Aquatic Plant Knowledge for |
---|
3260 | | - | 92.8Healthy Waters |
---|
3261 | | - | 92.9$198,000 the second year is from the trust |
---|
3262 | | - | 92.10fund to the commissioner of natural resources |
---|
3263 | | - | 92.11to collect foundational data on Minnesota's |
---|
3264 | | - | 92.12native aquatic plant biodiversity through new |
---|
3265 | | - | 92.13and enhanced lake surveys and to disseminate |
---|
3266 | | - | 92.14results to state resource managers, scientists, |
---|
3267 | | - | 92.15and the public. |
---|
3268 | | - | 92.16(n) New Small Mammal Monitoring Methods |
---|
3269 | | - | 92.17for Minnesota |
---|
3270 | | - | 92.18$199,000 the second year is from the trust |
---|
3271 | | - | 92.19fund to the Board of Regents of the University |
---|
3272 | | - | 92.20of Minnesota for the Natural Resources |
---|
3273 | | - | 92.21Research Institute in Duluth to develop camera |
---|
3274 | | - | 92.22trapping methods as a new tool to collect |
---|
3275 | | - | 92.23foundational data and fill key knowledge gaps |
---|
3276 | | - | 92.24in the status of small mammal species in |
---|
3277 | | - | 92.25Minnesota. |
---|
3278 | | - | 92.26(o) Status of Bats and Roost Trees after |
---|
3279 | | - | 92.27White-Nose Syndrome |
---|
3280 | | - | 92.28$195,000 the second year is from the trust |
---|
3281 | | - | 92.29fund to the Board of Regents of the University |
---|
3282 | | - | 92.30of Minnesota for the Natural Resources |
---|
3283 | | - | 92.31Research Institute in Duluth to study changes |
---|
3284 | | - | 92.32in maternity roost trees and bat populations in |
---|
3285 | | - | 92.33the forested areas of Minnesota and to evaluate |
---|
3286 | | - | 92.34the effects of years of white-nose syndrome |
---|
3287 | | - | 92.35on Minnesota bats. |
---|
3288 | | - | 92Article 2 Sec. 3. |
---|
3289 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 93.1(p) Sublethal Effects of Pesticides on the |
---|
3290 | | - | 93.2Invertebrate Community |
---|
3291 | | - | 93.3$387,000 the second year is from the trust |
---|
3292 | | - | 93.4fund to the Board of Regents of the University |
---|
3293 | | - | 93.5of Minnesota to provide data on pesticide |
---|
3294 | | - | 93.6contamination in soil and the insect |
---|
3295 | | - | 93.7community across the state and the effect of |
---|
3296 | | - | 93.8insecticide exposure on insect reproduction. |
---|
3297 | | - | 93.9This appropriation is available until June 30, |
---|
3298 | | - | 93.102029, by which time the project must be |
---|
3299 | | - | 93.11completed and final products delivered. |
---|
3300 | | - | 93.12(q) Modernizing Minnesota's Plant Community |
---|
3301 | | - | 93.13Classification and Field Guides |
---|
3302 | | - | 93.14$1,800,000 the second year is from the trust |
---|
3303 | | - | 93.15fund to the commissioner of natural resources |
---|
3304 | | - | 93.16to collect additional vegetation and |
---|
3305 | | - | 93.17environmental data and update the state's |
---|
3306 | | - | 93.1820-year-old native plant community |
---|
3307 | | - | 93.19classification guides to incorporate new data, |
---|
3308 | | - | 93.20streamline user application and access to |
---|
3309 | | - | 93.21products, and include analysis of climate and |
---|
3310 | | - | 93.22vegetation trends. Net income generated as |
---|
3311 | | - | 93.23part of this appropriation may be reinvested |
---|
3312 | | - | 93.24in the project if a plan for reinvestment is |
---|
3313 | | - | 93.25approved in the work plan. This appropriation |
---|
3314 | | - | 93.26is subject to Minnesota Statutes, section |
---|
3315 | | - | 93.27116P.10. |
---|
3316 | | - | 93.28(r) Assessing Prairie Health to Inform Pollinator |
---|
3317 | | - | 93.29Conservation |
---|
3318 | | - | 93.30$297,000 the second year is from the trust |
---|
3319 | | - | 93.31fund to the Minnesota Zoological Society to |
---|
3320 | | - | 93.32assess habitat quality and pesticide occurrence |
---|
3321 | | - | 93.33in Minnesota prairies to help inform |
---|
3322 | | - | 93.34management actions, endangered species |
---|
3323 | | - | 93.35recovery plans, and pollinator reintroduction |
---|
3324 | | - | 93Article 2 Sec. 3. |
---|
3325 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 94.1efforts for endangered and threatened |
---|
3326 | | - | 94.2butterflies and other wildlife. |
---|
3327 | | - | 94.3(s) Understanding Native Fishes in the |
---|
3328 | | - | 94.4Bowfishing Era |
---|
3329 | | - | 94.5$588,000 the second year is from the trust |
---|
3330 | | - | 94.6fund to the Board of Regents of the University |
---|
3331 | | - | 94.7of Minnesota, Duluth, to collect foundational |
---|
3332 | | - | 94.8biological information on a selection of native |
---|
3333 | | - | 94.9Minnesota fish to aid in sustainable |
---|
3334 | | - | 94.10management, improve recreational |
---|
3335 | | - | 94.11opportunities, and educate the public about |
---|
3336 | | - | 94.12these shared aquatic resources. This |
---|
3337 | | - | 94.13appropriation is available until June 30, 2028, |
---|
3338 | | - | 94.14by which time the project must be completed |
---|
3339 | | - | 94.15and final products delivered. |
---|
3340 | | - | 94.16(t) Preserving Minnesota Wildflower |
---|
3341 | | - | 94.17Information |
---|
3342 | | - | 94.18$199,000 the second year is from the trust |
---|
3343 | | - | 94.19fund to the Board of Regents of the University |
---|
3344 | | - | 94.20of Minnesota, Bell Museum of Natural |
---|
3345 | | - | 94.21History, to preserve and enhance Minnesota |
---|
3346 | | - | 94.22Wildflowers Information, an online tool for |
---|
3347 | | - | 94.23plant identification, by integrating the content |
---|
3348 | | - | 94.24and functionality of the website with the |
---|
3349 | | - | 94.25Minnesota Biodiversity Atlas for public use |
---|
3350 | | - | 94.26as required by Laws 2017, chapter 96, section |
---|
3351 | | - | 94.272, subdivision 3, paragraph (e). |
---|
3352 | | - | 94.28(u) White-Tailed Deer Movement and Disease |
---|
3353 | | - | 94.29in Suburban Areas |
---|
3354 | | - | 94.30$699,000 the second year is from the trust |
---|
3355 | | - | 94.31fund to the Board of Regents of the University |
---|
3356 | | - | 94.32of Minnesota to better understand white-tailed |
---|
3357 | | - | 94.33deer movement, habitat use, and disease |
---|
3358 | | - | 94.34dynamics at the suburban-agricultural interface |
---|
3359 | | - | 94Article 2 Sec. 3. |
---|
3360 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 95.1to inform more efficient deer management and |
---|
3361 | | - | 95.2disease control. |
---|
3362 | | - | 95.3(v) Highly Pathogenic Avian Influenza and |
---|
3363 | | - | 95.4Minnesota Raptors |
---|
3364 | | - | 95.5$187,000 the second year is from the trust |
---|
3365 | | - | 95.6fund to the Board of Regents of the University |
---|
3366 | | - | 95.7of Minnesota for the Raptor Center to evaluate |
---|
3367 | | - | 95.8Minnesota raptors for current or past infections |
---|
3368 | | - | 95.9with highly pathogenic avian influenza virus |
---|
3369 | | - | 95.10to better understand disease transmission and |
---|
3370 | | - | 95.11outbreak impacts on raptor populations. |
---|
3371 | | - | 95.12(w) Geologic Atlases for Water Resource |
---|
3372 | | - | 95.13Management |
---|
3373 | | - | 95.14$1,236,000 the second year is from the trust |
---|
3374 | | - | 95.15fund to the Board of Regents of the University |
---|
3375 | | - | 95.16of Minnesota, Minnesota Geological Survey, |
---|
3376 | | - | 95.17to continue producing county geologic atlases |
---|
3377 | | - | 95.18to inform management of surface water and |
---|
3378 | | - | 95.19groundwater resources. This appropriation is |
---|
3379 | | - | 95.20to complete Part A, which focuses on the |
---|
3380 | | - | 95.21properties and distribution of earth materials |
---|
3381 | | - | 95.22to define aquifer boundaries and the |
---|
3382 | | - | 95.23connection of aquifers to the land surface and |
---|
3383 | | - | 95.24surface water resources. |
---|
3384 | | - | 95.25(x) Remote Sensing for Pollinator Habitat |
---|
3385 | | - | 95.26$180,000 the second year is from the trust |
---|
3386 | | - | 95.27fund to the commissioner of natural resources |
---|
3387 | | - | 95.28for an agreement with Monarch Joint Venture |
---|
3388 | | - | 95.29to use remote sensing technology to evaluate |
---|
3389 | | - | 95.30pollinator habitat on energy and transportation |
---|
3390 | | - | 95.31corridors across Minnesota and to host |
---|
3391 | | - | 95.32field-day training workshops. Net income |
---|
3392 | | - | 95.33generated as part of this appropriation may be |
---|
3393 | | - | 95.34reinvested in the project if a plan for |
---|
3394 | | - | 95.35reinvestment is approved in the work plan as |
---|
3395 | | - | 95Article 2 Sec. 3. |
---|
3396 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 96.1provided under Minnesota Statutes, section |
---|
3397 | | - | 96.2116P.10. |
---|
3398 | | - | 96.3(y) Harnessing Cover Crops and Roots for |
---|
3399 | | - | 96.4Sustainable Cropping |
---|
3400 | | - | 96.5$375,000 the second year is from the trust |
---|
3401 | | - | 96.6fund to the Board of Regents of the University |
---|
3402 | | - | 96.7of Minnesota to determine carbon |
---|
3403 | | - | 96.8sequestration, nitrogen credit potential, water |
---|
3404 | | - | 96.9use, and performance of cover crops in |
---|
3405 | | - | 96.10corn-soybean and corn-soybean-wheat |
---|
3406 | | - | 96.11rotations in southern Minnesota. |
---|
3407 | | - | 96.12(z) Effects of Conservation Grazing on Solar |
---|
3408 | | - | 96.13Sites Managed for Pollinator Habitat |
---|
3409 | | - | 96.14$88,000 the second year is from the trust fund |
---|
3410 | | - | 96.15to the commissioner of natural resources for |
---|
3411 | | - | 96.16an agreement with Minnesota Native |
---|
3412 | | - | 96.17Landscapes, in partnership with Temple |
---|
3413 | | - | 96.18University, to analyze the effects of sheep |
---|
3414 | | - | 96.19grazing and mowing on the vegetation and |
---|
3415 | | - | 96.20soils of solar sites managed for pollinator |
---|
3416 | | - | 96.21habitat and to improve understanding of the |
---|
3417 | | - | 96.22environmental outcomes from the colocation |
---|
3418 | | - | 96.23of solar panels; grazing; and native, |
---|
3419 | | - | 96.24pollinator-friendly vegetation. This |
---|
3420 | | - | 96.25appropriation is available until June 30, 2029, |
---|
3421 | | - | 96.26by which time the project must be completed |
---|
3422 | | - | 96.27and final products delivered. |
---|
3423 | | - | 96.28(aa) Genetic Detection of Endangered Mussels |
---|
3424 | | - | 96.29in the Mississippi |
---|
3425 | | - | 96.30$241,000 the second year is from the trust |
---|
3426 | | - | 96.31fund to the commissioner of natural resources |
---|
3427 | | - | 96.32for an agreement with the United States |
---|
3428 | | - | 96.33Geological Survey, Ohio Water Microbiology |
---|
3429 | | - | 96.34Lab, to create, optimize, and use eDNA assays |
---|
3430 | | - | 96.35to detect the presence of endangered or |
---|
3431 | | - | 96Article 2 Sec. 3. |
---|
3432 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 97.1threatened mussel species around Buffalo |
---|
3433 | | - | 97.2Slough near the Prairie Island Indian |
---|
3434 | | - | 97.3Community. |
---|
3435 | | - | 97.4(bb) Integrated Population Modeling for |
---|
3436 | | - | 97.5Trumpeter Swans |
---|
3437 | | - | 97.6$180,000 the second year is from the trust |
---|
3438 | | - | 97.7fund to the Board of Regents of the University |
---|
3439 | | - | 97.8of Minnesota to compile and use all available |
---|
3440 | | - | 97.9data to model historical population abundance |
---|
3441 | | - | 97.10and estimate future population dynamics of |
---|
3442 | | - | 97.11Minnesota trumpeter swans. |
---|
3443 | | - | 97.12 EFFECTIVE DATE.This section is effective retroactively from July 1, 2024. |
---|
3444 | | - | 97.13Sec. 4. Laws 2024, chapter 83, section 2, subdivision 8, is amended to read: |
---|
3445 | | - | 10,910,000-0- |
---|
3446 | | - | 97.14Subd. 8.Methods to Protect or Restore Land, |
---|
3447 | | - | 97.15Water, and Habitat |
---|
3448 | | - | 97.16(a) Long-Term Preservation of Minnesota's Ball |
---|
3449 | | - | 97.17Cactus Population |
---|
3450 | | - | 97.18$100,000 the second year is from the trust |
---|
3451 | | - | 97.19fund to the Board of Regents of the University |
---|
3452 | | - | 97.20of Minnesota for the Minnesota Landscape |
---|
3453 | | - | 97.21Arboretum to protect Minnesota's only |
---|
3454 | | - | 97.22population of ball cactus by supporting |
---|
3455 | | - | 97.23population expansion and establishment, |
---|
3456 | | - | 97.24monitoring transferred plants, and training |
---|
3457 | | - | 97.25long-term volunteer monitors. This |
---|
3458 | | - | 97.26appropriation is available until June 30, 2029, |
---|
3459 | | - | 97.27by which time the project must be completed |
---|
3460 | | - | 97.28and final products delivered. |
---|
3461 | | - | 97.29(b) Morrison County Historical Society |
---|
3462 | | - | 97.30Streambank Stabilization and Restoration |
---|
3463 | | - | 97.31$519,000 the second year is from the trust |
---|
3464 | | - | 97.32fund to the commissioner of natural resources |
---|
3465 | | - | 97.33for an agreement with the Morrison Soil and |
---|
3466 | | - | 97.34Water Conservation District to stabilize and |
---|
3467 | | - | 97Article 2 Sec. 4. |
---|
3468 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 98.1restore land along the Mississippi River owned |
---|
3469 | | - | 98.2by the Morrison County Historical Society |
---|
3470 | | - | 98.3within the statutory boundaries of Charles A. |
---|
3471 | | - | 98.4Lindbergh State Park to improve water quality |
---|
3472 | | - | 98.5and improve aquatic and terrestrial habit. For |
---|
3473 | | - | 98.6purposes of this appropriation, subdivision 13, |
---|
3474 | | - | 98.7paragraph (e), does not apply. The |
---|
3475 | | - | 98.8commissioner of natural resources may make |
---|
3476 | | - | 98.9reasonable amounts of this appropriation |
---|
3477 | | - | 98.10available on an advance basis to accommodate |
---|
3478 | | - | 98.11the Morrison Soil and Water Conservation |
---|
3479 | | - | 98.12District's cash-flow needs if a plan for the |
---|
3480 | | - | 98.13advances is approved as part of the work plan. |
---|
3481 | | - | 98.14(c) Can Increased Tree Diversity Increase |
---|
3482 | | - | 98.15Community Diversity? |
---|
3483 | | - | 98.16$415,000 the second year is from the trust |
---|
3484 | | - | 98.17fund to the Board of Regents of the University |
---|
3485 | | - | 98.18of Minnesota to evaluate impacts of increasing |
---|
3486 | | - | 98.19tree diversity on wildlife, plant and fungal |
---|
3487 | | - | 98.20communities, and carbon storage within aspen |
---|
3488 | | - | 98.21forests in northern Minnesota to develop best |
---|
3489 | | - | 98.22management practices for mixed woodland |
---|
3490 | | - | 98.23systems. |
---|
3491 | | - | 98.24(d) Restoration of Riverside Park |
---|
3492 | | - | 98.25$141,000 the second year is from the trust |
---|
3493 | | - | 98.26fund to the commissioner of natural resources |
---|
3494 | | - | 98.27for an agreement with the city of Long Prairie |
---|
3495 | | - | 98.28to improve water retention, increase native |
---|
3496 | | - | 98.29habitat, and enhance footpaths for recreation |
---|
3497 | | - | 98.30at Riverside Park in Todd County, Minnesota. |
---|
3498 | | - | 98.31The project must create a net increase in |
---|
3499 | | - | 98.32habitat, and this appropriation may not be used |
---|
3500 | | - | 98.33to meet the conditions of any permits received |
---|
3501 | | - | 98.34for the project. |
---|
3502 | | - | 98Article 2 Sec. 4. |
---|
3503 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 99.1(e) Pollinator Central IV: Habitat Improvement |
---|
3504 | | - | 99.2with Public Engagement |
---|
3505 | | - | 99.3$698,000 the second year is from the trust |
---|
3506 | | - | 99.4fund to the commissioner of natural resources |
---|
3507 | | - | 99.5for an agreement with Great River Greening |
---|
3508 | | - | 99.6to partner with municipalities, educational |
---|
3509 | | - | 99.7organizations, and volunteers to create and |
---|
3510 | | - | 99.8enhance pollinator habitat along public |
---|
3511 | | - | 99.9corridors from Lakeville to St. Cloud and to |
---|
3512 | | - | 99.10engage youth and the public through education |
---|
3513 | | - | 99.11and monitoring the impact of habitat |
---|
3514 | | - | 99.12improvements. This appropriation is available |
---|
3515 | | - | 99.13until June 30, 2028, by which time the project |
---|
3516 | | - | 99.14must be completed and final products |
---|
3517 | | - | 99.15delivered. |
---|
3518 | | - | 99.16(f) Conservation Grazing for Birds, Beef, and |
---|
3519 | | - | 99.17Better Soil |
---|
3520 | | - | 99.18$342,000 the second year is from the trust |
---|
3521 | | - | 99.19fund to the commissioner of natural resources |
---|
3522 | | - | 99.20for an agreement with the National Audubon |
---|
3523 | | - | 99.21Society, Minnesota office, to assess Audubon |
---|
3524 | | - | 99.22Conservation Ranching as a strategic approach |
---|
3525 | | - | 99.23to improve grassland biodiversity, soils, and |
---|
3526 | | - | 99.24ecosystem resilience. This appropriation is |
---|
3527 | | - | 99.25available until June 30, 2028, by which time |
---|
3528 | | - | 99.26the project must be completed and final |
---|
3529 | | - | 99.27products delivered. |
---|
3530 | | - | 99.28(g) Minnesota Microbes for Enhanced |
---|
3531 | | - | 99.29Biodegradation of Microplastics |
---|
3532 | | - | 99.30$524,000 the second year is from the trust |
---|
3533 | | - | 99.31fund to the Board of Regents of the University |
---|
3534 | | - | 99.32of Minnesota to investigate the potential of |
---|
3535 | | - | 99.33natural and indigenous microbes to biodegrade |
---|
3536 | | - | 99.34conventional plastics in contaminated soils |
---|
3537 | | - | 99.35and waters across the state. This appropriation |
---|
3538 | | - | 99Article 2 Sec. 4. |
---|
3539 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 100.1is subject to Minnesota Statutes, section |
---|
3540 | | - | 100.2116P.10. |
---|
3541 | | - | 100.3(h) Completing the Mississippi River Greenway: |
---|
3542 | | - | 100.4Dakota County |
---|
3543 | | - | 100.5$657,000 the second year is from the trust |
---|
3544 | | - | 100.6fund to the commissioner of natural resources |
---|
3545 | | - | 100.7for an agreement with Dakota County to |
---|
3546 | | - | 100.8restore and enhance habitat on public lands, |
---|
3547 | | - | 100.9establish linear native plantings, and install |
---|
3548 | | - | 100.10electric-vehicle charging stations within and |
---|
3549 | | - | 100.11along the 27-mile Mississippi River Greenway |
---|
3550 | | - | 100.12in Dakota County. Net income generated as |
---|
3551 | | - | 100.13part of this appropriation may be reinvested |
---|
3552 | | - | 100.14in the project if a plan for reinvestment is |
---|
3553 | | - | 100.15approved in the work plan. This appropriation |
---|
3554 | | - | 100.16is subject to Minnesota Statutes, section |
---|
3555 | | - | 100.17116P.10, and is available until June 30, 2028, |
---|
3556 | | - | 100.18by which time the project must be completed |
---|
3557 | | - | 100.19and final products delivered. |
---|
3558 | | - | 100.20(i) Enabling Nature to Destroy Environmental |
---|
3559 | | - | 100.21PFAS Contaminants |
---|
3560 | | - | 100.22$378,000 the second year is from the trust |
---|
3561 | | - | 100.23fund to the Board of Regents of the University |
---|
3562 | | - | 100.24of Minnesota to identify enzymes and |
---|
3563 | | - | 100.25microbes that can break down soil-based per- |
---|
3564 | | - | 100.26and polyfluoroalkyl substances (PFAS) into |
---|
3565 | | - | 100.27nontoxic elements. This appropriation is |
---|
3566 | | - | 100.28subject to Minnesota Statutes, section 116P.10. |
---|
3567 | | - | 100.29(j) Bioacoustics for Species Monitoring and |
---|
3568 | | - | 100.30Conservation - Phase 2 |
---|
3569 | | - | 100.31$568,000 the second year is from the trust |
---|
3570 | | - | 100.32fund to the Board of Regents of the University |
---|
3571 | | - | 100.33of Minnesota to assess avian diversity at the |
---|
3572 | | - | 100.34statewide scale by developing a citizen science |
---|
3573 | | - | 100Article 2 Sec. 4. |
---|
3574 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 101.1bioacoustics monitoring program with an |
---|
3575 | | - | 101.2initial focus on private lands. |
---|
3576 | | - | 101.3(k) Preventing PFAS and Microplastics |
---|
3577 | | - | 101.4Contaminants Across Minnesota |
---|
3578 | | - | 101.5$656,000 the second year is from the trust |
---|
3579 | | - | 101.6fund to the Board of Regents of the University |
---|
3580 | | - | 101.7of Minnesota to help stop the flow of per- and |
---|
3581 | | - | 101.8polyfluoroalkyl substances (PFAS) and |
---|
3582 | | - | 101.9microplastics contaminants into Minnesota's |
---|
3583 | | - | 101.10environment by developing strategies and |
---|
3584 | | - | 101.11technologies to manage solid waste streams |
---|
3585 | | - | 101.12on site. This appropriation is subject to |
---|
3586 | | - | 101.13Minnesota Statutes, section 116P.10. |
---|
3587 | | - | 101.14(l) Shingle Creek Aquatic and Shoreline Habitat |
---|
3588 | | - | 101.15Enhancement |
---|
3589 | | - | 101.16$1,100,000 the second year is from the trust |
---|
3590 | | - | 101.17fund to the commissioner of natural resources |
---|
3591 | | - | 101.18for an agreement with the Minneapolis Park |
---|
3592 | | - | 101.19and Recreation Board to plan and restore a |
---|
3593 | | - | 101.20section of Shingle Creek in north Minneapolis |
---|
3594 | | - | 101.21with native aquatic and shoreline vegetation, |
---|
3595 | | - | 101.22channel and bank modification, and natural |
---|
3596 | | - | 101.23stream features. This appropriation is also to |
---|
3597 | | - | 101.24monitor plant and animal health following |
---|
3598 | | - | 101.25construction to ensure that the ecological |
---|
3599 | | - | 101.26functioning of the creek corridor is restored. |
---|
3600 | | - | 101.27This appropriation is available until June 30, |
---|
3601 | | - | 101.282030, by which time the project must be |
---|
3602 | | - | 101.29completed and final products delivered. |
---|
3603 | | - | 101.30(m) LiDAR Technology to Help Prevent Wildlife |
---|
3604 | | - | 101.31Fatalities from Wind Turbines |
---|
3605 | | - | 101.32$525,000 the second year is from the trust |
---|
3606 | | - | 101.33fund to the Board of Regents of the University |
---|
3607 | | - | 101.34of Minnesota to create a low-cost and |
---|
3608 | | - | 101.35advanced LiDAR system to detect bats and |
---|
3609 | | - | 101Article 2 Sec. 4. |
---|
3610 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 102.1birds approaching wind turbines that may be |
---|
3611 | | - | 102.2used in concert with deterrence or impact |
---|
3612 | | - | 102.3avoidance methods to prevent collisions. This |
---|
3613 | | - | 102.4appropriation is subject to Minnesota Statutes, |
---|
3614 | | - | 102.5section 116P.10. |
---|
3615 | | - | 102.6(n) Road Salt Pollution of Surface Waters from |
---|
3616 | | - | 102.7Groundwater |
---|
3617 | | - | 102.8$622,000 the second year is from the trust |
---|
3618 | | - | 102.9fund to the Board of Regents of the University |
---|
3619 | | - | 102.10of Minnesota to inform source-reduction |
---|
3620 | | - | 102.11efforts by developing a model to identify hot |
---|
3621 | | - | 102.12spots where road-salt-contaminated |
---|
3622 | | - | 102.13groundwater leads to chloride pollution of |
---|
3623 | | - | 102.14surface waters. |
---|
3624 | | - | 102.15(o) Growing the Minnesota Bison Conservation |
---|
3625 | | - | 102.16Herd |
---|
3626 | | - | 102.17$1,775,000 the second year is from the trust |
---|
3627 | | - | 102.18fund to the commissioner of natural resources |
---|
3628 | | - | 102.19to reintroduce bison to Camden State Park as |
---|
3629 | | - | 102.20part of a statewide effort to preserve the |
---|
3630 | | - | 102.21American Plains bison genome. |
---|
3631 | | - | 102.22Reintroduction includes the design, |
---|
3632 | | - | 102.23construction, and installation of fencing, a |
---|
3633 | | - | 102.24handling facility, signage, exhibits, and other |
---|
3634 | | - | 102.25site improvements. This appropriation is |
---|
3635 | | - | 102.26available until June 30, 2030, by which time |
---|
3636 | | - | 102.27the project must be completed and final |
---|
3637 | | - | 102.28products delivered. |
---|
3638 | | - | 102.29(p) Priority Lakes: Meeting Protection Goals |
---|
3639 | | - | 102.30and Multiplying Benefits |
---|
3640 | | - | 102.31$1,890,000 the second year is from the trust |
---|
3641 | | - | 102.32fund to the commissioner of natural resources |
---|
3642 | | - | 102.33for an agreement with the Hubbard County |
---|
3643 | | - | 102.34Soil and Water Conservation District, in |
---|
3644 | | - | 102.35cooperation with Minnesota Land Trust, to |
---|
3645 | | - | 102Article 2 Sec. 4. |
---|
3646 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 103.1protect habitat, forest health, and water quality |
---|
3647 | | - | 103.2in the best fishing lakes by creating lake |
---|
3648 | | - | 103.3implementation action plans, conducting |
---|
3649 | | - | 103.4community-based habitat restorations and |
---|
3650 | | - | 103.5improvements, and protecting forest lands with |
---|
3651 | | - | 103.6conservation easements and Sustainable Forest |
---|
3652 | | - | 103.7Incentive Act (SFIA) enrollments within |
---|
3653 | | - | 103.8prioritized areas of the upper Mississippi River |
---|
3654 | | - | 103.9basin in Hubbard County. Of this amount, up |
---|
3655 | | - | 103.10to $168,000 is for deposit in a monitoring fund |
---|
3656 | | - | 103.11to be used by Minnesota Land Trust as |
---|
3657 | | - | 103.12approved in the work plan and subject to |
---|
3658 | | - | 103.13Minnesota Statutes, section 116P.20. |
---|
3659 | | - | 103.14 EFFECTIVE DATE.This section is effective retroactively from July 1, 2024. |
---|
3660 | | - | 103.15 ARTICLE 3 |
---|
3661 | | - | 103.16ENVIRONMENT AND NATURAL RESOURCES TRUST FUND COMMUNITY |
---|
3662 | | - | 103.17 GRANTS APPROPRIATIONS |
---|
3663 | | - | 103.18Section 1. APPROPRIATION; ENRTF COMMUNITY GRANT PROGRAM. |
---|
3664 | | - | 103.19 $28,180,000 in fiscal year 2026 and $28,180,000 in fiscal year 2027 are appropriated |
---|
3665 | | - | 103.20from the environment and natural resources trust fund to the commissioner of natural |
---|
3666 | | - | 103.21resources to make grants under the environment and natural resources trust fund community |
---|
3667 | | - | 103.22grant program established in Minnesota Statutes, section 116X.03. These are onetime |
---|
3668 | | - | 103.23appropriations and are available until June 30, 2029. |
---|
3669 | | - | 103.24 ARTICLE 4 |
---|
3670 | | - | 103.25 ENVIRONMENT AND NATURAL RESOURCES POLICY |
---|
3671 | | - | 103.26Section 1. Minnesota Statutes 2024, section 84.027, is amended by adding a subdivision |
---|
3672 | | - | 103.27to read: |
---|
3673 | | - | 103.28 Subd. 21.Outreach to culturally diverse communities.The commissioner must ensure |
---|
3674 | | - | 103.29that, to the maximum extent practicable, the commissioner's work and the work of the |
---|
3675 | | - | 103.30department are carried out in a manner that facilitates outreach to and communication with |
---|
3676 | | - | 103.31Minnesotans of diverse backgrounds, cultures, and languages. To the maximum extent |
---|
3677 | | - | 103.32practicable, public hearings, solicitations for grant proposals, and other interactions with |
---|
3678 | | - | 103Article 4 Section 1. |
---|
3679 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 104.1the public must include audiovisual communication components and must not rely exclusively |
---|
3680 | | - | 104.2on written forms of communication. |
---|
3681 | | - | 104.3Sec. 2. Minnesota Statutes 2024, section 84.03, is amended to read: |
---|
3682 | | - | 104.4 84.03 ADDITIONAL DUTIES AND POWERS. |
---|
3683 | | - | 104.5 (a) So far as practicable the commissioner shall collect and arrange statistics and other |
---|
3684 | | - | 104.6information in reference to the lands and general and special resources of the state. |
---|
3685 | | - | 104.7 (b) The commissioner is hereby authorized and empowered to take such measures as |
---|
3686 | | - | 104.8the commissioner may deem advisable to advertise, both within and without the state, sales |
---|
3687 | | - | 104.9of all state lands, and to secure, compile, and issue such valuable statistics of the resources |
---|
3688 | | - | 104.10of the state. |
---|
3689 | | - | 104.11 (c) The commissioner may adopt and promulgate reasonable rules, not inconsistent with |
---|
3690 | | - | 104.12law, governing the use and enjoyment of state land reserved from sale, state parks, state |
---|
3691 | | - | 104.13water-access sites, state trails, state monuments, state scientific and natural areas, state |
---|
3692 | | - | 104.14wilderness areas, and recreational areas owned by other state, local and federal agencies |
---|
3693 | | - | 104.15and operated under agreement by the Department of Natural Resources, which shall have |
---|
3694 | | - | 104.16the force and effect of law. A reasonable fee may be fixed, charged, and collected by the |
---|
3695 | | - | 104.17commissioner for the privilege of the use of any or all of the foregoing privileges and |
---|
3696 | | - | 104.18facilities. |
---|
3697 | | - | 104.19 (d) The commissioner, on or before November 15 of each even-numbered year, shall |
---|
3698 | | - | 104.20report to the legislature the commissioner's acts and doings, with recommendation for the |
---|
3699 | | - | 104.21improvement or conservation of state parks, state water-access sites, state trails, and state |
---|
3700 | | - | 104.22monuments, state scientific and natural areas, state forests, state wildlife management areas, |
---|
3701 | | - | 104.23public hunting grounds, public shooting grounds, food and cover planting areas, wildlife |
---|
3702 | | - | 104.24lands, recreational or public hunting areas, state wild and scenic rivers, state wilderness |
---|
3703 | | - | 104.25areas, and all other recreational lands under the jurisdiction of the Department of Natural |
---|
3704 | | - | 104.26Resources, and for desirable accessions thereto, such report to include an inventory of the |
---|
3705 | | - | 104.27tracts and parcels of land, and rights, interests, and easements therein, held by the state or |
---|
3706 | | - | 104.28withdrawn from sale for any of these purposes, with the value thereof, and a list of the name, |
---|
3707 | | - | 104.29location, size, and description of each state trail, state scientific and natural area, state wildlife |
---|
3708 | | - | 104.30management area, state water-access site, and state wild, scenic, or recreational river |
---|
3709 | | - | 104.31designated by the commissioner, and each public hunting grounds, public shooting grounds, |
---|
3710 | | - | 104.32food and cover planting area, wildlife lands, and recreational or public hunting area acquired |
---|
3711 | | - | 104.33by the commissioner since the last report. The commissioner shall maintain a long range |
---|
3712 | | - | 104.34plan governing the use of the public domain under the commissioner's jurisdiction. |
---|
3713 | | - | 104Article 4 Sec. 2. |
---|
3714 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 105.1Sec. 3. [84.1515] WILD RICE POLICY. |
---|
3715 | | - | 105.2 It is the policy of the state to recognize the innate significance of uncultivated wild rice's |
---|
3716 | | - | 105.3ability to exist and thrive in Minnesota. The legislature finds that wild rice: |
---|
3717 | | - | 105.4 (1) is a nutrient-rich, natural food source that has been sustainably harvested in this state |
---|
3718 | | - | 105.5for centuries; |
---|
3719 | | - | 105.6 (2) is sacred to Indian Tribes and is a core component of their cultural identity; |
---|
3720 | | - | 105.7 (3) thrives in clean, shallow water, without requiring pesticides, fertilizers, or harmful |
---|
3721 | | - | 105.8chemicals; |
---|
3722 | | - | 105.9 (4) supports rural economies by providing jobs, fostering local businesses, and supporting |
---|
3723 | | - | 105.10ecotourism; |
---|
3724 | | - | 105.11 (5) plays a crucial role in preventing toxic algae blooms, absorbing carbon dioxide, |
---|
3725 | | - | 105.12fostering vital habitat for fish, and stabilizing lake beds; and |
---|
3726 | | - | 105.13 (6) is essential for safeguarding Tribal food security and upholding Tribal treaty rights. |
---|
3727 | | - | 105.14Sec. 4. Minnesota Statutes 2024, section 84.8035, subdivision 1, is amended to read: |
---|
3728 | | - | 105.15 Subdivision 1.Pass required; fee.(a) Except as provided under paragraph (c), a person |
---|
3729 | | - | 105.16may not operate an off-road vehicle on a state or grant-in-aid off-road vehicle trail or use |
---|
3730 | | - | 105.17area unless the vehicle displays an operator carries a valid off-road vehicle state trail pass |
---|
3731 | | - | 105.18issued according to this section. The pass must be available to be viewed for inspection by |
---|
3732 | | - | 105.19a peace officer, a conservation officer, or an employee designated under section 84.0835. |
---|
3733 | | - | 105.20 (b) The commissioner of natural resources shall issue a pass upon application and payment |
---|
3734 | | - | 105.21of the fee. Fees collected under this section, except for the issuing fee for licensing agents, |
---|
3735 | | - | 105.22shall be deposited in the state treasury and credited to the off-road vehicle account in the |
---|
3736 | | - | 105.23natural resources fund and, except for the electronic licensing system commission established |
---|
3737 | | - | 105.24by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid |
---|
3738 | | - | 105.25to counties and municipalities for off-road vehicle organizations to construct and maintain |
---|
3739 | | - | 105.26off-road vehicle trails and use areas. |
---|
3740 | | - | 105.27 (c) An off-road vehicle state trail pass is not required for: |
---|
3741 | | - | 105.28 (1) an off-road vehicle that is owned and used by the United States, another state, or a |
---|
3742 | | - | 105.29political subdivision thereof that is exempt from registration under section 84.798, subdivision |
---|
3743 | | - | 105.302; |
---|
3744 | | - | 105Article 4 Sec. 4. |
---|
3745 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 106.1 (2) a person operating an off-road vehicle only on the portion of a trail that is owned by |
---|
3746 | | - | 106.2the person or the person's spouse, child, or parent; or |
---|
3747 | | - | 106.3 (3) a person operating an off-road vehicle that is registered according to section 84.798. |
---|
3748 | | - | 106.4 (d) The fee for an annual nonresident off-road vehicle state trail pass is $20. The |
---|
3749 | | - | 106.5nonresident pass is valid from January 1 through December 31. The fee for a nonresident |
---|
3750 | | - | 106.6three-year pass is $30. |
---|
3751 | | - | 106.7 (e) The fee for a resident off-road vehicle state trail pass is $20. The resident pass is |
---|
3752 | | - | 106.8valid for 30 consecutive days after the date of issuance. |
---|
3753 | | - | 106.9Sec. 5. [84.9766] OUTDOOR SCHOOL FOR ALL; GRANT PROGRAM. |
---|
3754 | | - | 106.10 Subdivision 1.Establishment.The commissioner of natural resources must establish |
---|
3755 | | - | 106.11and administer a program to provide grants to learning centers eligible under subdivision |
---|
3756 | | - | 106.122 for outdoor education programs serving students in grades 4 through 12. |
---|
3757 | | - | 106.13 Subd. 2.Eligibility.(a) The commissioner may award grants under this section to |
---|
3758 | | - | 106.14overnight outdoor school experience providers accredited by a state-recognized school |
---|
3759 | | - | 106.15accrediting agency and to other outdoor school experience accredited providers offering |
---|
3760 | | - | 106.16similar programming. |
---|
3761 | | - | 106.17 (b) To be eligible for a grant under this section, the outdoor education program must: |
---|
3762 | | - | 106.18 (1) provide a multiday, overnight educational experience that is comprised mainly of |
---|
3763 | | - | 106.19outdoor-based learning activities; |
---|
3764 | | - | 106.20 (2) provide students with opportunities to directly experience and understand nature and |
---|
3765 | | - | 106.21the natural world, including field study opportunities for student learning; |
---|
3766 | | - | 106.22 (3) use a research-based environmental, ecological, agricultural, or other |
---|
3767 | | - | 106.23natural-resource-based educational curriculum; |
---|
3768 | | - | 106.24 (4) be integrated with local school curricula to help students meet academic standards; |
---|
3769 | | - | 106.25 (5) provide students with opportunities to develop: |
---|
3770 | | - | 106.26 (i) leadership; |
---|
3771 | | - | 106.27 (ii) critical thinking; |
---|
3772 | | - | 106.28 (iii) self-sufficiency; |
---|
3773 | | - | 106.29 (iv) decision-making skills; and |
---|
3774 | | - | 106.30 (v) social and emotional skills; and |
---|
3775 | | - | 106Article 4 Sec. 5. |
---|
3776 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 107.1 (6) address accessibility of outdoor educational opportunities for underserved students, |
---|
3777 | | - | 107.2including students with disabilities. |
---|
3778 | | - | 107.3Sec. 6. Minnesota Statutes 2024, section 84D.01, is amended by adding a subdivision to |
---|
3779 | | - | 107.4read: |
---|
3780 | | - | 107.5 Subd. 6a.Eviscerated."Eviscerated" means to have the internal organs removed from |
---|
3781 | | - | 107.6the body cavity or to have the gills severed to ensure that an organism is dead. |
---|
3782 | | - | 107.7Sec. 7. Minnesota Statutes 2024, section 84D.05, subdivision 1, is amended to read: |
---|
3783 | | - | 107.8 Subdivision 1.Prohibited activities.A person may not possess, import, purchase, sell, |
---|
3784 | | - | 107.9propagate, transport, or introduce a prohibited invasive species, except: |
---|
3785 | | - | 107.10 (1) under a permit issued by the commissioner under section 84D.11; |
---|
3786 | | - | 107.11 (2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88; |
---|
3787 | | - | 107.12 (3) under a restricted species permit issued under section 17.457; |
---|
3788 | | - | 107.13 (4) a person may possess, import, purchase, sell, and transport bighead carp, grass carp, |
---|
3789 | | - | 107.14and silver carp if they are dead and eviscerated; |
---|
3790 | | - | 107.15 (4) (5) when being transported to the department, or another destination as the |
---|
3791 | | - | 107.16commissioner may direct, in a sealed container for purposes of identifying the species or |
---|
3792 | | - | 107.17reporting the presence of the species; |
---|
3793 | | - | 107.18 (5) (6) when being transported for disposal as part of a harvest or control activity when |
---|
3794 | | - | 107.19specifically authorized under a permit issued by the commissioner according to section |
---|
3795 | | - | 107.20103G.615, when being transported for disposal as specified under a commercial fishing |
---|
3796 | | - | 107.21license issued by the commissioner according to section 97A.418, 97C.801, 97C.811, |
---|
3797 | | - | 107.2297C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner; |
---|
3798 | | - | 107.23 (6) (7) when being removed from watercraft and equipment, or caught while angling, |
---|
3799 | | - | 107.24and immediately returned to the water from which they came; |
---|
3800 | | - | 107.25 (7) (8) when being transported from riparian property to a legal disposal site that is at |
---|
3801 | | - | 107.26least 100 feet from any surface water, ditch, or seasonally flooded land, provided the |
---|
3802 | | - | 107.27prohibited invasive species are in a covered commercial vehicle specifically designed and |
---|
3803 | | - | 107.28used for hauling trash; or |
---|
3804 | | - | 107.29 (8) (9) as the commissioner may otherwise prescribe by rule. |
---|
3805 | | - | 107Article 4 Sec. 7. |
---|
3806 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 108.1Sec. 8. [86B.109] ABANDONED WATERCRAFT. |
---|
3807 | | - | 108.2 Subdivision 1.Tagging authority; notice to owner.(a) A peace officer or an employee |
---|
3808 | | - | 108.3designated by the commissioner under section 84.0835 may place a tag on a watercraft |
---|
3809 | | - | 108.4unlawfully located on public accesses, public lands, and waters of this state or unlawfully |
---|
3810 | | - | 108.5located on property adjacent to waters of this state. A watercraft is unlawfully located if the |
---|
3811 | | - | 108.6watercraft appears to be: |
---|
3812 | | - | 108.7 (1) inoperative and neglected, wrecked, stranded, or substantially dismantled; |
---|
3813 | | - | 108.8 (2) in immediate danger of sinking; or |
---|
3814 | | - | 108.9 (3) unmoored and unattended. |
---|
3815 | | - | 108.10 (b) A peace officer or employee who places a tag on a watercraft under this subdivision |
---|
3816 | | - | 108.11must notify the commissioner of placing the tag within 48 hours. The notification must |
---|
3817 | | - | 108.12include a statement of the basis for the decision to place a tag on the watercraft. |
---|
3818 | | - | 108.13 (c) Upon receiving notification under paragraph (b), the commissioner must send a notice |
---|
3819 | | - | 108.14by certified mail, return receipt requested, to the registered owner of the watercraft. The |
---|
3820 | | - | 108.15notice must state that: |
---|
3821 | | - | 108.16 (1) the watercraft has been tagged and the condition that resulted in the watercraft being |
---|
3822 | | - | 108.17tagged must be remedied immediately; and |
---|
3823 | | - | 108.18 (2) failure to remedy within 14 days of the notice being sent is a criminal violation that |
---|
3824 | | - | 108.19may result in civil and criminal penalties and the forfeiture of the watercraft. |
---|
3825 | | - | 108.20 Subd. 2.Failure to remedy.The registered owner of a watercraft who knowingly fails |
---|
3826 | | - | 108.21to remedy the condition that resulted in the watercraft being tagged within 14 days of the |
---|
3827 | | - | 108.22commissioner sending the notice required by subdivision 1, paragraph (c), is guilty of a |
---|
3828 | | - | 108.23misdemeanor. In addition, the owner is liable to the Department of Natural Resources for |
---|
3829 | | - | 108.24all costs incurred by the commissioner in enforcing this section against the owner and is |
---|
3830 | | - | 108.25subject to a civil penalty of not less than two times nor more than five times the costs incurred |
---|
3831 | | - | 108.26by the commissioner to remove, process, and dispose of the watercraft. Civil penalties |
---|
3832 | | - | 108.27imposed under this subdivision may be enforced and distributed as provided in section |
---|
3833 | | - | 108.28115A.99. |
---|
3834 | | - | 108.29 Subd. 3.Seizure of abandoned watercraft.Fourteen days after the commissioner sends |
---|
3835 | | - | 108.30the notice required by subdivision 1, paragraph (c), to the registered owner, or concludes |
---|
3836 | | - | 108.31that there is no registered owner, the commissioner must investigate the watercraft. If, upon |
---|
3837 | | - | 108.32inspection, the watercraft has not been removed and the condition that prompted the peace |
---|
3838 | | - | 108.33officer or employee to tag it has not been substantially remedied, the watercraft is considered |
---|
3839 | | - | 108Article 4 Sec. 8. |
---|
3840 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 109.1abandoned and the commissioner must seize and forfeit the watercraft according to section |
---|
3841 | | - | 109.297A.223. |
---|
3842 | | - | 109.3 Subd. 4.Relation to other law.An abandoned watercraft that becomes submerged and |
---|
3843 | | - | 109.4subject to section 86B.107 must be removed and disposed of in accordance with that section. |
---|
3844 | | - | 109.5 Subd. 5.Exceptions.This section does not apply to previously sunk watercraft of |
---|
3845 | | - | 109.6historical significance or that are currently a destination for scuba divers or commercial |
---|
3846 | | - | 109.7tourism that do not pose an ongoing environmental or public safety risk. |
---|
3847 | | - | 109.8Sec. 9. Minnesota Statutes 2024, section 86B.415, subdivision 7, is amended to read: |
---|
3848 | | - | 109.9 Subd. 7.Watercraft surcharge.A $10.60 surcharge is placed on each watercraft licensed |
---|
3849 | | - | 109.10under subdivisions 1 to 5 for control, public awareness, law enforcement, monitoring, and |
---|
3850 | | - | 109.11research of aquatic invasive species such as zebra mussel, purple loosestrife, and Eurasian |
---|
3851 | | - | 109.12watermilfoil in public waters and public wetlands. The surcharge is: |
---|
3852 | | - | 109.13 (1) for a watercraft 19 feet or less in length, other than a watercraft listed in clauses (2) |
---|
3853 | | - | 109.14to (8), $29; |
---|
3854 | | - | 109.15 (2) for a watercraft, other than personal watercraft, 19 feet in length or less that is offered |
---|
3855 | | - | 109.16for rent or lease, $25; |
---|
3856 | | - | 109.17 (3) for a sailboat 19 feet in length or less, $20; |
---|
3857 | | - | 109.18 (4) for a watercraft used by a nonprofit corporation for teaching boat and water safety, |
---|
3858 | | - | 109.19$14; |
---|
3859 | | - | 109.20 (5) for a watercraft owned by a dealer under a dealer's license, $50; |
---|
3860 | | - | 109.21 (6) for a personal watercraft, including one offered for rent or lease, $25; |
---|
3861 | | - | 109.22 (7) for a watercraft less than 17 feet in length, other than a watercraft listed in clauses |
---|
3862 | | - | 109.23(2) to (6), $25; |
---|
3863 | | - | 109.24 (8) for a canoe, kayak, sailboard, paddleboard, paddleboat, or rowing shell over ten feet |
---|
3864 | | - | 109.25in length, $20; |
---|
3865 | | - | 109.26 (9) for a watercraft more than 19 feet but less than 26 feet in length, other than a |
---|
3866 | | - | 109.27watercraft listed in clauses (4), (5), (8), and (12), $38; |
---|
3867 | | - | 109.28 (10) for a watercraft 26 feet but less than 40 feet in length, other than a watercraft listed |
---|
3868 | | - | 109.29in clauses (4), (5), (8), and (12), $50; |
---|
3869 | | - | 109.30 (11) for a watercraft 40 feet in length or longer, other than a watercraft listed in clauses |
---|
3870 | | - | 109.31(4), (5), (8), and (12), $62; and |
---|
3871 | | - | 109Article 4 Sec. 9. |
---|
3872 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 110.1 (12) for a watercraft used primarily for charter fishing, commercial fishing, commercial |
---|
3873 | | - | 110.2passenger carrying, or other commercial operation, $50. |
---|
3874 | | - | 110.3 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
3875 | | - | 110.4Sec. 10. Minnesota Statutes 2024, section 97A.223, subdivision 1, is amended to read: |
---|
3876 | | - | 110.5 Subdivision 1.Property subject to seizure and forfeiture.(a) An enforcement officer |
---|
3877 | | - | 110.6must seize: |
---|
3878 | | - | 110.7 (1) firearms possessed in violation of state or federal law or court order; and |
---|
3879 | | - | 110.8 (2) property described in section 97A.221, subdivision 1, where no owner can be |
---|
3880 | | - | 110.9determined.; and |
---|
3881 | | - | 110.10 (3) a watercraft that is abandoned according to section 86B.109, subdivision 3. |
---|
3882 | | - | 110.11 (b) Property seized under this section is subject to administrative forfeiture. |
---|
3883 | | - | 110.12Sec. 11. Minnesota Statutes 2024, section 97A.421, is amended by adding a subdivision |
---|
3884 | | - | 110.13to read: |
---|
3885 | | - | 110.14 Subd. 3c.Restrictions after conviction; abandoned watercraft.(a) After a conviction |
---|
3886 | | - | 110.15under section 86B.109, subdivision 2, the following license and registration restrictions |
---|
3887 | | - | 110.16remain in effect until the person reimburses the Department of Natural Resources for all |
---|
3888 | | - | 110.17the department's costs under section 86B.109, subdivision 2: |
---|
3889 | | - | 110.18 (1) all the person's annual game and fish licenses are void; |
---|
3890 | | - | 110.19 (2) the person may not act under any lifetime game and fish license; |
---|
3891 | | - | 110.20 (3) all the person's watercraft licenses and registrations that are required to operate |
---|
3892 | | - | 110.21watercraft in the state are void; |
---|
3893 | | - | 110.22 (4) all the person's off-highway vehicle and snowmobile licenses and registrations that |
---|
3894 | | - | 110.23are required to operate those vehicles in the state are void; and |
---|
3895 | | - | 110.24 (5) the person may not obtain any of the licenses or registrations described in clauses |
---|
3896 | | - | 110.25(1) to (4). |
---|
3897 | | - | 110.26 (b) If a conviction under section 86B.109, subdivision 2, was for abandoning a watercraft |
---|
3898 | | - | 110.27in a boundary water of the state, the commissioner must coordinate with neighboring |
---|
3899 | | - | 110.28jurisdictions to ensure that, to the maximum extent practicable, the person is subject to |
---|
3900 | | - | 110.29similar consequences in the neighboring jurisdiction as those imposed under paragraph (a). |
---|
3901 | | - | 110Article 4 Sec. 11. |
---|
3902 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 111.1Sec. 12. Minnesota Statutes 2024, section 97A.465, is amended by adding a subdivision |
---|
3903 | | - | 111.2to read: |
---|
3904 | | - | 111.3 Subd. 9.Resident disabled veterans; reduced fee licenses.A person authorized to |
---|
3905 | | - | 111.4issue licenses must issue the following licenses for the reduced fee specified under section |
---|
3906 | | - | 111.597A.475 to a resident who is a veteran, as defined in section 197.447, and who has a 50 to |
---|
3907 | | - | 111.699 percent service-connected disability as defined by the United States Department of |
---|
3908 | | - | 111.7Veterans Affairs upon being furnished satisfactory evidence: |
---|
3909 | | - | 111.8 (1) a license to take deer by firearms, archery, or muzzleloader; |
---|
3910 | | - | 111.9 (2) a license to take small game; and |
---|
3911 | | - | 111.10 (3) a license to take fish by angling. |
---|
3912 | | - | 111.11Sec. 13. Minnesota Statutes 2024, section 97A.475, subdivision 2, is amended to read: |
---|
3913 | | - | 111.12 Subd. 2.Resident hunting.Fees for the following licenses, to be issued to residents |
---|
3914 | | - | 111.13only, are: |
---|
3915 | | - | 111.14 (1) for persons age 18 or over and under age 65 to take small game, $15.50; |
---|
3916 | | - | 111.15 (2) for persons age 65 or over, $7 to take small game; |
---|
3917 | | - | 111.16 (3) for persons age 18 or over to take turkey, $26; |
---|
3918 | | - | 111.17 (4) for persons age 13 or over and under age 18 to take turkey, $5; |
---|
3919 | | - | 111.18 (5) for persons age 18 or over to take deer with firearms during the regular firearms |
---|
3920 | | - | 111.19season, $34; |
---|
3921 | | - | 111.20 (6) for persons age 18 or over to take deer by archery, $34; |
---|
3922 | | - | 111.21 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader |
---|
3923 | | - | 111.22season, $34; |
---|
3924 | | - | 111.23 (8) to take moose, for a party of not more than six persons, $356; |
---|
3925 | | - | 111.24 (9) for persons age 18 or over to take bear, $44; |
---|
3926 | | - | 111.25 (10) to take elk, for a party of not more than two persons, $287; |
---|
3927 | | - | 111.26 (11) to take light geese during the light goose conservation order, $2.50; |
---|
3928 | | - | 111.27 (12) to take sandhill crane during the sandhill crane season, $3; |
---|
3929 | | - | 111.28 (13) to take prairie chickens, $23; |
---|
3930 | | - | 111Article 4 Sec. 13. |
---|
3931 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 112.1 (14) for persons age 13 or over and under age 18 to take deer with firearms during the |
---|
3932 | | - | 112.2regular firearms season, $5; |
---|
3933 | | - | 112.3 (15) for persons age 13 or over and under age 18 to take deer by archery, $5; |
---|
3934 | | - | 112.4 (16) for persons age 13 or over and under age 18 to take deer by muzzleloader during |
---|
3935 | | - | 112.5the muzzleloader season, $5; |
---|
3936 | | - | 112.6 (17) for persons age 10, 11, or 12 to take bear, no fee; |
---|
3937 | | - | 112.7 (18) for persons age 13 or over and under age 18 to take bear, $5; |
---|
3938 | | - | 112.8 (19) for persons age 18 or over to take small game for a consecutive 72-hour period |
---|
3939 | | - | 112.9selected by the licensee, $19, of which an amount equal to one-half of the fee for the |
---|
3940 | | - | 112.10migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the |
---|
3941 | | - | 112.11waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of |
---|
3942 | | - | 112.12the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the |
---|
3943 | | - | 112.13pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half |
---|
3944 | | - | 112.14of the small-game surcharge under subdivision 4, shall be deposited in the wildlife acquisition |
---|
3945 | | - | 112.15account; |
---|
3946 | | - | 112.16 (20) for persons age 16 or over and under age 18 to take small game, $5; |
---|
3947 | | - | 112.17 (21) to take wolf, $30; |
---|
3948 | | - | 112.18 (22) for persons age 12 and under to take turkey, no fee; |
---|
3949 | | - | 112.19 (23) for persons age 10, 11, or 12 to take deer by firearm, no fee; |
---|
3950 | | - | 112.20 (24) for persons age 10, 11, or 12 to take deer by archery, no fee; and |
---|
3951 | | - | 112.21 (25) for persons age 10, 11, or 12 to take deer by muzzleloader during the muzzleloader |
---|
3952 | | - | 112.22season, no fee.; and |
---|
3953 | | - | 112.23 (26) for disabled veterans to take deer or small game under section 97A.465, subdivision |
---|
3954 | | - | 112.249, $5. |
---|
3955 | | - | 112.25Sec. 14. Minnesota Statutes 2024, section 97A.475, subdivision 6, is amended to read: |
---|
3956 | | - | 112.26 Subd. 6.Resident fishing.Fees for the following licenses, to be issued to residents only, |
---|
3957 | | - | 112.27are: |
---|
3958 | | - | 112.28 (1) for persons age 18 or over to take fish by angling, $25; |
---|
3959 | | - | 112.29 (2) for persons age 18 or over to take fish by angling, for a combined license for a married |
---|
3960 | | - | 112.30couple, $40; |
---|
3961 | | - | 112Article 4 Sec. 14. |
---|
3962 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 113.1 (3) for persons age 18 or over to take fish by spearing from a dark house, $6, and the |
---|
3963 | | - | 113.2person must possess an angling license; |
---|
3964 | | - | 113.3 (4) for persons age 18 or over to take fish by angling for a 24-hour period selected by |
---|
3965 | | - | 113.4the licensee, $12; |
---|
3966 | | - | 113.5 (5) for persons age 18 or over to take fish by angling for a consecutive 72-hour period |
---|
3967 | | - | 113.6selected by the licensee, $14; |
---|
3968 | | - | 113.7 (6) for persons age 18 or over to take fish by angling for three consecutive years, $71; |
---|
3969 | | - | 113.8and |
---|
3970 | | - | 113.9 (7) for persons age 16 or over and under age 18 to take fish by angling, $5.; and |
---|
3971 | | - | 113.10 (8) for disabled veterans to take fish by angling under section 97A.465, subdivision 9, |
---|
3972 | | - | 113.11$5. |
---|
3973 | | - | 113.12Sec. 15. Minnesota Statutes 2024, section 97B.001, subdivision 4, is amended to read: |
---|
3974 | | - | 113.13 Subd. 4.Entering posted land prohibited; signs.(a) Except as provided in subdivision |
---|
3975 | | - | 113.146, a person may not: |
---|
3976 | | - | 113.15 (1) enter, for outdoor recreation purposes, any land that is posted under this subdivision |
---|
3977 | | - | 113.16without first obtaining permission of the owner, occupant, or lessee; or |
---|
3978 | | - | 113.17 (2) knowingly enter, for outdoor recreation purposes, any land that is posted under this |
---|
3979 | | - | 113.18subdivision without first obtaining permission of the owner, occupant, or lessee. A person |
---|
3980 | | - | 113.19who violates this clause is subject to the penalty provided in section 97A.315, subdivision |
---|
3981 | | - | 113.201, paragraph (b). |
---|
3982 | | - | 113.21 (b) The owner, occupant, or lessee of private land, or an authorized manager of public |
---|
3983 | | - | 113.22land may prohibit outdoor recreation on the land by posting signs once each year that: |
---|
3984 | | - | 113.23 (1) state "no trespassing" or similar terms; |
---|
3985 | | - | 113.24 (2) display letters at least two inches high; |
---|
3986 | | - | 113.25 (3) either: |
---|
3987 | | - | 113.26 (i) are signed by the owner, occupant, lessee, or authorized manager; or |
---|
3988 | | - | 113.27 (ii) include the legible name and telephone number of the owner, occupant, lessee, or |
---|
3989 | | - | 113.28authorized manager; and |
---|
3990 | | - | 113.29 (4) either: |
---|
3991 | | - | 113Article 4 Sec. 15. |
---|
3992 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 114.1 (i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded |
---|
3993 | | - | 114.2area where boundary lines are not clear, at intervals of 500 feet or less; or |
---|
3994 | | - | 114.3 (ii) mark the primary corners of each parcel of land and access roads and trails at the |
---|
3995 | | - | 114.4point of entrance to each parcel of land except that corners only accessible through |
---|
3996 | | - | 114.5agricultural land need not be posted. |
---|
3997 | | - | 114.6 (c) A person may not erect a sign that prohibits outdoor recreation or trespassing act |
---|
3998 | | - | 114.7under paragraph (b) or (d) where the person does not have a property right, title, or interest |
---|
3999 | | - | 114.8to use the land. |
---|
4000 | | - | 114.9 (d) As an alternative to posting signage under paragraph (b), the owner, occupant, or |
---|
4001 | | - | 114.10lessee of private land or an authorized manager of public land may prohibit outdoor recreation |
---|
4002 | | - | 114.11on the land by: |
---|
4003 | | - | 114.12 (1) applying purple paint to trees along the perimeter of the area to which the person |
---|
4004 | | - | 114.13wants to prohibit entrance. Paint applied under this paragraph must be applied: |
---|
4005 | | - | 114.14 (i) at least three feet off the ground; |
---|
4006 | | - | 114.15 (ii) to trees that are at least one inch wide; and |
---|
4007 | | - | 114.16 (iii) in a strip that is at least eight inches tall; and |
---|
4008 | | - | 114.17 (2) posting signs once each year that mark the primary corners of the area to which the |
---|
4009 | | - | 114.18person wants to prohibit entrance. |
---|
4010 | | - | 114.19Sec. 16. Minnesota Statutes 2024, section 97B.037, is amended to read: |
---|
4011 | | - | 114.20 97B.037 CROSSBOW HUNTING AND FISHING. |
---|
4012 | | - | 114.21 (a) Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer, |
---|
4013 | | - | 114.22bear, turkey, common carp, or native rough fish by crossbow during the respective regular |
---|
4014 | | - | 114.23archery seasons. The transportation requirements of section 97B.051 apply to crossbows |
---|
4015 | | - | 114.24during the regular archery deer, bear, turkey, common carp, or native rough fish season. |
---|
4016 | | - | 114.25Crossbows must meet the requirements of section 97B.106, subdivision 2. A person taking |
---|
4017 | | - | 114.26deer, bear, turkey, common carp, or native rough fish by crossbow under this section must |
---|
4018 | | - | 114.27have a valid license to take the respective game. |
---|
4019 | | - | 114.28 (b) This section expires June 30, 2025 2026. |
---|
4020 | | - | 114Article 4 Sec. 16. |
---|
4021 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 115.1Sec. 17. Minnesota Statutes 2024, section 97B.318, subdivision 1, is amended to read: |
---|
4022 | | - | 115.2 Subdivision 1.Shotgun use area.(a) During the regular firearms season in the shotgun |
---|
4023 | | - | 115.3use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading |
---|
4024 | | - | 115.4long guns, and legal handguns may be used for taking deer. Legal shotguns include those |
---|
4025 | | - | 115.5with rifled barrels. The shotgun use area is that portion of the state lying within the following |
---|
4026 | | - | 115.6described boundary: Beginning on the west boundary of the state at the northern boundary |
---|
4027 | | - | 115.7of Clay County; thence along the northern boundary of Clay County to State Trunk Highway |
---|
4028 | | - | 115.8(STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 |
---|
4029 | | - | 115.9(I-94); thence along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence |
---|
4030 | | - | 115.10along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas |
---|
4031 | | - | 115.11County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to |
---|
4032 | | - | 115.12CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to |
---|
4033 | | - | 115.13CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd |
---|
4034 | | - | 115.14County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH |
---|
4035 | | - | 115.1527; thence along STH 27 to the Mississippi River; thence along the east bank of the |
---|
4036 | | - | 115.16Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to |
---|
4037 | | - | 115.17U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence |
---|
4038 | | - | 115.18along the east, south, and west boundaries of the state to the point of beginning consists of |
---|
4039 | | - | 115.19the counties that have passed a resolution as provided under paragraph (b). |
---|
4040 | | - | 115.20 (b) A county board may adopt an ordinance after notice and public hearing to limit the |
---|
4041 | | - | 115.21type of firearms that may be used to hunt deer within the county. To be included in the |
---|
4042 | | - | 115.22shotgun use area beginning January 1, the county board must submit the resolution to the |
---|
4043 | | - | 115.23commissioner of natural resources on or before October 1 of the prior year. |
---|
4044 | | - | 115.24Sec. 18. Minnesota Statutes 2024, section 97B.405, is amended to read: |
---|
4045 | | - | 115.25 97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS. |
---|
4046 | | - | 115.26 (a) The commissioner may limit the number of persons that may hunt bear in an area, |
---|
4047 | | - | 115.27if it is necessary to prevent an overharvest or improve the distribution of hunters. The |
---|
4048 | | - | 115.28commissioner may establish, by rule, a method, including a drawing, to impartially select |
---|
4049 | | - | 115.29the hunters for an area. The commissioner shall give preference to hunters that have |
---|
4050 | | - | 115.30previously applied and have not been selected. Additionally, the commissioner may award |
---|
4051 | | - | 115.31points toward a preference under this section to a person who is at least six years of age, so |
---|
4052 | | - | 115.32that by the time the person is old enough to be a bear hunter the person has accumulated a |
---|
4053 | | - | 115.33number of preference points. |
---|
4054 | | - | 115Article 4 Sec. 18. |
---|
4055 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 116.1 (b) If the commissioner limits the number of persons that may hunt bear in an area under |
---|
4056 | | - | 116.2paragraph (a), the commissioner must reserve one permit and give first preference for that |
---|
4057 | | - | 116.3permit to a resident of a Minnesota veterans home. |
---|
4058 | | - | 116.4 (c) A person selected through a drawing must purchase a license by August 1. Any |
---|
4059 | | - | 116.5remaining available licenses not purchased shall be issued to any eligible person as prescribed |
---|
4060 | | - | 116.6by the commissioner on a first-come, first-served basis beginning three business days after |
---|
4061 | | - | 116.7August 1. |
---|
4062 | | - | 116.8Sec. 19. Minnesota Statutes 2024, section 97B.667, subdivision 3, is amended to read: |
---|
4063 | | - | 116.9 Subd. 3.Permits and notice; requirements.(a) Before killing or arranging to kill a |
---|
4064 | | - | 116.10beaver under this section, the road authority or government unit must contact a conservation |
---|
4065 | | - | 116.11officer for a special beaver permit if the beaver will be killed within two weeks before or |
---|
4066 | | - | 116.12after the trapping season for beaver, and the conservation officer must issue the permit for |
---|
4067 | | - | 116.13any beaver subject to this section. A permit is not required: |
---|
4068 | | - | 116.14 (1) for a licensed trapper during the open trapping season for beaver; or |
---|
4069 | | - | 116.15 (2) when the trapping season for beaver is closed and it is not within two weeks before |
---|
4070 | | - | 116.16or after the trapping season for beaver. |
---|
4071 | | - | 116.17 (b) A road authority or government unit that kills or arranges to have killed a beaver |
---|
4072 | | - | 116.18under this section must notify a conservation officer or employee of the Fish and Wildlife |
---|
4073 | | - | 116.19Division within ten days after the animal is killed. |
---|
4074 | | - | 116.20 (c) Unless otherwise directed by a conservation officer, the road authority, local |
---|
4075 | | - | 116.21government unit, the landowner, or their agent may dispose of or retain beaver killed under |
---|
4076 | | - | 116.22this section. Human consumption of a retained beaver is prohibited. |
---|
4077 | | - | 116.23 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
4078 | | - | 116.24Sec. 20. [97B.902] OPENING HOUR FOR TRAPPING SEASONS. |
---|
4079 | | - | 116.25 A season for taking fur-bearing animals by trapping begins at sunrise on the opening |
---|
4080 | | - | 116.26day prescribed by rule adopted by the commissioner. |
---|
4081 | | - | 116Article 4 Sec. 20. |
---|
4082 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 117.1Sec. 21. Minnesota Statutes 2024, section 97B.945, is amended to read: |
---|
4083 | | - | 117.2 97B.945 SETTING TRAPS NEAR WATER RESTRICTED. |
---|
4084 | | - | 117.3 (a) Except as provided in paragraph (b), a person may not set a trap within 50 feet of |
---|
4085 | | - | 117.4any water other than temporary surface water within 30 days before the open season for |
---|
4086 | | - | 117.5mink and muskrat without a special permit by the commissioner. |
---|
4087 | | - | 117.6 (b) A person may set a foot-encapsulating trap within 50 feet of any water other than |
---|
4088 | | - | 117.7temporary surface water within 30 days before the open season for mink and muskrat without |
---|
4089 | | - | 117.8a special permit by the commissioner. For purposes of this paragraph, "foot-encapsulating |
---|
4090 | | - | 117.9trap" means a trap for which: |
---|
4091 | | - | 117.10 (1) the triggering and restraining mechanisms are enclosed within a housing and are |
---|
4092 | | - | 117.11only accessible through a single opening when set; and |
---|
4093 | | - | 117.12 (2) the opening does not exceed two inches in diameter. |
---|
4094 | | - | 117.13Sec. 22. Minnesota Statutes 2024, section 97C.395, is amended to read: |
---|
4095 | | - | 117.14 97C.395 OPEN SEASONS FOR ANGLING. |
---|
4096 | | - | 117.15 Subdivision 1.Dates for certain species.(a) The open seasons to take fish by angling |
---|
4097 | | - | 117.16are as follows: |
---|
4098 | | - | 117.17 (1) for walleye, sauger, northern pike, and muskellunge, largemouth bass, and smallmouth |
---|
4099 | | - | 117.18bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend through the |
---|
4100 | | - | 117.19last Sunday in February; |
---|
4101 | | - | 117.20 (2) for brown trout, brook trout, lake trout, rainbow trout, and splake, between January |
---|
4102 | | - | 117.211 through October 31 as prescribed by the commissioner by rule except as provided in |
---|
4103 | | - | 117.22section 97C.415, subdivision 2; and |
---|
4104 | | - | 117.23 (3) for salmon, as prescribed by the commissioner by rule. |
---|
4105 | | - | 117.24 (b) The commissioner shall close the season in areas of the state where fish are spawning |
---|
4106 | | - | 117.25and closing the season will protect the resource. |
---|
4107 | | - | 117.26 Subd. 2.Continuous season for certain species.For largemouth bass, smallmouth bass, |
---|
4108 | | - | 117.27sunfish, white crappie, black crappie, yellow perch, channel catfish, rock bass, white bass, |
---|
4109 | | - | 117.28yellow bass, burbot, cisco (tullibee), lake whitefish, common carp, and native rough fish, |
---|
4110 | | - | 117.29the open season is continuous. |
---|
4111 | | - | 117Article 4 Sec. 22. |
---|
4112 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 118.1Sec. 23. Minnesota Statutes 2024, section 97C.835, subdivision 2, is amended to read: |
---|
4113 | | - | 118.2 Subd. 2.Types of fish permitted.Lake trout, ciscoes, chubs, alewives, lake whitefish, |
---|
4114 | | - | 118.3round whitefish, pygmy whitefish, rainbow smelt, common carp, burbot, and native rough |
---|
4115 | | - | 118.4fish may be taken by licensed commercial fishing operators from Lake Superior, in |
---|
4116 | | - | 118.5accordance with this section. |
---|
4117 | | - | 118.6Sec. 24. Minnesota Statutes 2024, section 103G.005, subdivision 15, is amended to read: |
---|
4118 | | - | 118.7 Subd. 15.Public waters.(a) "Public waters" means: |
---|
4119 | | - | 118.8 (1) water basins assigned a shoreland management classification by the commissioner |
---|
4120 | | - | 118.9under sections 103F.201 to 103F.221; |
---|
4121 | | - | 118.10 (2) waters of the state that have been finally determined to be public waters or navigable |
---|
4122 | | - | 118.11waters by a court of competent jurisdiction; |
---|
4123 | | - | 118.12 (3) meandered lakes, excluding lakes that have been legally drained; |
---|
4124 | | - | 118.13 (4) water basins previously designated by the commissioner for management for a |
---|
4125 | | - | 118.14specific purpose such as trout lakes and game lakes pursuant to applicable laws; |
---|
4126 | | - | 118.15 (5) water basins designated as scientific and natural areas under section 84.033; |
---|
4127 | | - | 118.16 (6) water basins located within and totally surrounded by publicly owned lands; |
---|
4128 | | - | 118.17 (7) water basins where the state of Minnesota or the federal government holds title to |
---|
4129 | | - | 118.18any of the beds or shores, unless the owner declares that the water is not necessary for the |
---|
4130 | | - | 118.19purposes of the public ownership; |
---|
4131 | | - | 118.20 (8) water basins where there is a publicly owned and controlled access that is intended |
---|
4132 | | - | 118.21to provide for public access to the water basin; |
---|
4133 | | - | 118.22 (9) natural and altered watercourses with a total drainage area greater than two square |
---|
4134 | | - | 118.23miles; |
---|
4135 | | - | 118.24 (10) natural and altered watercourses designated by the commissioner as trout streams; |
---|
4136 | | - | 118.25and |
---|
4137 | | - | 118.26 (11) public waters wetlands, unless the statute expressly states otherwise. |
---|
4138 | | - | 118.27 (b) Public waters are not determined exclusively by: |
---|
4139 | | - | 118.28 (1) the proprietorship of the underlying, overlying, or surrounding land; or |
---|
4140 | | - | 118.29 (2) whether it is a body or stream of water that was navigable in fact or susceptible of |
---|
4141 | | - | 118.30being used as a highway for commerce at the time this state was admitted to the union; or. |
---|
4142 | | - | 118Article 4 Sec. 24. |
---|
4143 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 119.1 (3) their inclusion in or exclusion from the public waters inventory required under section |
---|
4144 | | - | 119.2103G.201. This clause is effective July 1, 2027. |
---|
4145 | | - | 119.3Sec. 25. Minnesota Statutes 2024, section 103G.201, is amended to read: |
---|
4146 | | - | 119.4 103G.201 PUBLIC WATERS INVENTORY. |
---|
4147 | | - | 119.5 (a) The commissioner shall maintain a public waters inventory map of each county that |
---|
4148 | | - | 119.6shows the waters of this state that are designated as public waters under the public waters |
---|
4149 | | - | 119.7inventory and classification procedures prescribed under Laws 1979, chapter 199, and shall |
---|
4150 | | - | 119.8provide access to a copy of the maps. As county public waters inventory maps are revised |
---|
4151 | | - | 119.9according to this section, the commissioner shall send a notification or a copy of the maps |
---|
4152 | | - | 119.10to the auditor of each affected county. |
---|
4153 | | - | 119.11 (b) The commissioner must may revise the map of public waters established under Laws |
---|
4154 | | - | 119.121979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously identified as |
---|
4155 | | - | 119.13public waters wetlands under Laws 1979, chapter 199, as public waters or as wetlands under |
---|
4156 | | - | 119.14section 103G.005, subdivision 19. The commissioner may only reclassify public waters |
---|
4157 | | - | 119.15wetlands as public waters if: |
---|
4158 | | - | 119.16 (1) they are assigned a shoreland management classification by the commissioner under |
---|
4159 | | - | 119.17sections 103F.201 to 103F.221; |
---|
4160 | | - | 119.18 (2) they are classified as lacustrine wetlands or deepwater habitats according to |
---|
4161 | | - | 119.19Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al., |
---|
4162 | | - | 119.201979 edition); or |
---|
4163 | | - | 119.21 (3) the state or federal government has become titleholder to any of the beds or shores |
---|
4164 | | - | 119.22of the public waters wetlands, subsequent to the preparation of the public waters inventory |
---|
4165 | | - | 119.23map filed with the auditor of the county, pursuant to paragraph (a), and the responsible state |
---|
4166 | | - | 119.24or federal agency declares that the water is necessary for the purposes of the public |
---|
4167 | | - | 119.25ownership. |
---|
4168 | | - | 119.26 (c) The commissioner must provide notice of the reclassification to the local government |
---|
4169 | | - | 119.27unit, the county board, the watershed district, if one exists for the area, and the soil and |
---|
4170 | | - | 119.28water conservation district. Within 60 days of receiving notice from the commissioner, a |
---|
4171 | | - | 119.29party required to receive the notice may provide a resolution stating objections to the |
---|
4172 | | - | 119.30reclassification. If the commissioner receives an objection from a party required to receive |
---|
4173 | | - | 119.31the notice, the reclassification is not effective. If the commissioner does not receive an |
---|
4174 | | - | 119.32objection from a party required to receive the notice, the reclassification of a wetland under |
---|
4175 | | - | 119.33paragraph (b) is effective 60 days after the notice is received by all of the parties. |
---|
4176 | | - | 119Article 4 Sec. 25. |
---|
4177 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 120.1 (d) The commissioner shall give priority to the reclassification of public waters wetlands |
---|
4178 | | - | 120.2that are or have the potential to be affected by public works projects. |
---|
4179 | | - | 120.3 (e) The commissioner may must revise the public waters inventory map of each county: |
---|
4180 | | - | 120.4 (1) to reflect the changes authorized in paragraph (b); and |
---|
4181 | | - | 120.5 (2) as needed, to: |
---|
4182 | | - | 120.6 (i) correct errors in the original inventory; |
---|
4183 | | - | 120.7 (ii) add or subtract trout stream tributaries within sections that contain a designated trout |
---|
4184 | | - | 120.8stream following written notice to the landowner; |
---|
4185 | | - | 120.9 (iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 50 |
---|
4186 | | - | 120.10acres and the shoreland has been zoned for residential development; and |
---|
4187 | | - | 120.11 (iv) add or subtract public waters that have been created or eliminated as a requirement |
---|
4188 | | - | 120.12of a permit authorized by the commissioner under section 103G.245. |
---|
4189 | | - | 120.13 (f) $1,000,000 is appropriated from the general fund each year in fiscal years 2025 |
---|
4190 | | - | 120.14through 2032 to the commissioner to update the public water inventory as required in this |
---|
4191 | | - | 120.15section. The commissioner must develop and implement a process to update the public |
---|
4192 | | - | 120.16water inventory. This paragraph expires June 30, 2032. |
---|
4193 | | - | 120.17Sec. 26. Minnesota Statutes 2024, section 103G.271, subdivision 6, is amended to read: |
---|
4194 | | - | 120.18 Subd. 6.Water-use permit; processing fee.(a) Except as described in paragraphs (b) |
---|
4195 | | - | 120.19to (g), a water-use permit processing fee must be prescribed by the commissioner in |
---|
4196 | | - | 120.20accordance with the schedule of fees in this subdivision for each water-use permit in force |
---|
4197 | | - | 120.21at any time during the year. Fees collected under this paragraph are credited to the water |
---|
4198 | | - | 120.22management account in the natural resources fund. The schedule is as follows, with the |
---|
4199 | | - | 120.23stated fee in each clause applied to the total amount appropriated: |
---|
4200 | | - | 120.24 (1) $140 $200 for amounts not exceeding 50,000,000 gallons per year; |
---|
4201 | | - | 120.25 (2) $3.50 $6 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less |
---|
4202 | | - | 120.26than 100,000,000 gallons per year; |
---|
4203 | | - | 120.27 (3) $4 $7 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less |
---|
4204 | | - | 120.28than 150,000,000 gallons per year; |
---|
4205 | | - | 120.29 (4) $4.50 $8 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but |
---|
4206 | | - | 120.30less than 200,000,000 gallons per year; |
---|
4207 | | - | 120Article 4 Sec. 26. |
---|
4208 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 121.1 (5) $5 $9 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less |
---|
4209 | | - | 121.2than 250,000,000 gallons per year; |
---|
4210 | | - | 121.3 (6) $5.50 $10 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but |
---|
4211 | | - | 121.4less than 300,000,000 gallons per year; |
---|
4212 | | - | 121.5 (7) $6 $11 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less |
---|
4213 | | - | 121.6than 350,000,000 gallons per year; |
---|
4214 | | - | 121.7 (8) $6.50 $12 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but |
---|
4215 | | - | 121.8less than 400,000,000 gallons per year; |
---|
4216 | | - | 121.9 (9) $7 $13 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less |
---|
4217 | | - | 121.10than 450,000,000 gallons per year; |
---|
4218 | | - | 121.11 (10) $7.50 $14 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but |
---|
4219 | | - | 121.12less than 500,000,000 gallons per year; and |
---|
4220 | | - | 121.13 (11) $8 $15 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per |
---|
4221 | | - | 121.14year. |
---|
4222 | | - | 121.15 (b) For once-through cooling systems, a water-use processing fee must be prescribed |
---|
4223 | | - | 121.16by the commissioner in accordance with the following schedule of fees for each water-use |
---|
4224 | | - | 121.17permit in force at any time during the year: |
---|
4225 | | - | 121.18 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and |
---|
4226 | | - | 121.19 (2) for all other users, $420 per 1,000,000 gallons. |
---|
4227 | | - | 121.20 (c) The fee is payable based on the amount of water appropriated during the year and, |
---|
4228 | | - | 121.21except as provided in paragraph (f), the minimum fee is $100. |
---|
4229 | | - | 121.22 (d) For water-use processing fees other than once-through cooling systems: |
---|
4230 | | - | 121.23 (1) the fee for a city of the first class may not exceed $250,000 $325,000 per year; |
---|
4231 | | - | 121.24 (2) the fee for other entities for any permitted use may not exceed: |
---|
4232 | | - | 121.25 (i) $60,000 $75,000 per year for an entity holding three or fewer permits; |
---|
4233 | | - | 121.26 (ii) $90,000 $125,000 per year for an entity holding four or five permits; or |
---|
4234 | | - | 121.27 (iii) $300,000 $400,000 per year for an entity holding more than five permits; |
---|
4235 | | - | 121.28 (3) the fee for agricultural irrigation may not exceed $750 $1,500 per year; |
---|
4236 | | - | 121Article 4 Sec. 26. |
---|
4237 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 122.1 (4) the fee for a municipality that furnishes electric service and cogenerates steam for |
---|
4238 | | - | 122.2home heating may not exceed $10,000 for its permit for water use related to the cogeneration |
---|
4239 | | - | 122.3of electricity and steam; |
---|
4240 | | - | 122.4 (5) the fee for a facility that temporarily diverts a water of the state from its natural |
---|
4241 | | - | 122.5channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per |
---|
4242 | | - | 122.6year. A permit for such a facility does not count toward the number of permits held by an |
---|
4243 | | - | 122.7entity as described in this paragraph; and |
---|
4244 | | - | 122.8 (6) no fee is required for a project involving the appropriation of surface water to prevent |
---|
4245 | | - | 122.9flood damage or to remove floodwaters during a period of flooding, as determined by the |
---|
4246 | | - | 122.10commissioner. |
---|
4247 | | - | 122.11 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten |
---|
4248 | | - | 122.12percent per month calculated from the original due date must be imposed on the unpaid |
---|
4249 | | - | 122.13balance of fees remaining 30 days after the sending of a second notice of fees due. A fee |
---|
4250 | | - | 122.14may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal |
---|
4251 | | - | 122.15governmental agency holding a water appropriation permit. |
---|
4252 | | - | 122.16 (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural |
---|
4253 | | - | 122.17land is $20 $100 for years in which: |
---|
4254 | | - | 122.18 (1) there is no appropriation of water under the permit; or |
---|
4255 | | - | 122.19 (2) the permit is suspended for more than seven consecutive days between May 1 and |
---|
4256 | | - | 122.20October 1. |
---|
4257 | | - | 122.21 (g) The commissioner shall waive the water-use permit fee for installations and projects |
---|
4258 | | - | 122.22that use stormwater runoff or where public entities are diverting water to treat a water quality |
---|
4259 | | - | 122.23issue and returning the water to its source without using the water for any other purpose, |
---|
4260 | | - | 122.24unless the commissioner determines that the proposed use adversely affects surface water |
---|
4261 | | - | 122.25or groundwater. |
---|
4262 | | - | 122.26 (h) A surcharge of $50 per million gallons in addition to the fee prescribed in paragraph |
---|
4263 | | - | 122.27(a) shall be is applied to the volume of water used in each of the months of May, June, July, |
---|
4264 | | - | 122.28August, and September that exceeds the volume of water used in January for municipal |
---|
4265 | | - | 122.29water use, irrigation of golf courses, and landscape irrigation. The surcharge for |
---|
4266 | | - | 122.30municipalities with more than one permit shall be is determined based on the total |
---|
4267 | | - | 122.31appropriations from all permits that supply a common distribution system. |
---|
4268 | | - | 122.32 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
4269 | | - | 122Article 4 Sec. 26. |
---|
4270 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 123.1Sec. 27. Minnesota Statutes 2024, section 103G.301, subdivision 2, is amended to read: |
---|
4271 | | - | 123.2 Subd. 2.Permit application and notification fees.(a) A fee to defray the costs of |
---|
4272 | | - | 123.3receiving, recording, and processing must be paid for a permit application authorized under |
---|
4273 | | - | 123.4this chapter, except for a general permit application, for each request to amend or transfer |
---|
4274 | | - | 123.5an existing permit, and for a notification to request authorization to conduct a project under |
---|
4275 | | - | 123.6a general permit. Fees established under this subdivision, unless specified in paragraph (c), |
---|
4276 | | - | 123.7must comply with section 16A.1285. |
---|
4277 | | - | 123.8 (b) Proposed projects that require water in excess of 100 million gallons per year must |
---|
4278 | | - | 123.9be assessed fees to recover the costs incurred to evaluate the project and the costs incurred |
---|
4279 | | - | 123.10for environmental review. Fees collected under this paragraph must be credited to an account |
---|
4280 | | - | 123.11in the natural resources fund and are appropriated to the commissioner. |
---|
4281 | | - | 123.12 (c) The fee to apply for a permit to appropriate water, in addition to any fee under |
---|
4282 | | - | 123.13paragraph (b), is $150 $600. The application fee for a permit to construct or repair a dam |
---|
4283 | | - | 123.14that is subject to a dam safety inspection, to work in public waters, or to divert waters for |
---|
4284 | | - | 123.15mining must be at least $1,200, but not more than $12,000. The fee for a notification to |
---|
4285 | | - | 123.16request authorization to conduct a project under a general permit is $400, except that the |
---|
4286 | | - | 123.17fee for a notification to request authorization to appropriate water under a general permit |
---|
4287 | | - | 123.18is $100. |
---|
4288 | | - | 123.19 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
4289 | | - | 123.20Sec. 28. Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to |
---|
4290 | | - | 123.21read: |
---|
4291 | | - | 123.22 Subd. 2a.Commissioner."Commissioner" means the commissioner of the Pollution |
---|
4292 | | - | 123.23Control Agency. |
---|
4293 | | - | 123.24Sec. 29. [115.033] OUTDOOR USE OF RAINWATER AND STORMWATER. |
---|
4294 | | - | 123.25 (a) A state agency, political subdivision of the state, joint powers organization, or special |
---|
4295 | | - | 123.26purpose unit of government with authority to establish water-quality standards may allow |
---|
4296 | | - | 123.27using untreated rainwater or stormwater for outdoor purposes when the probability of |
---|
4297 | | - | 123.28consumption or immersion by humans or animals is low or nonexistent. |
---|
4298 | | - | 123.29 (b) For purposes of this section, "using untreated rainwater or stormwater for outdoor |
---|
4299 | | - | 123.30purposes" does not include using the water: |
---|
4300 | | - | 123.31 (1) as a source of drinking water; |
---|
4301 | | - | 123Article 4 Sec. 29. |
---|
4302 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 124.1 (2) for swimming or immersion; or |
---|
4303 | | - | 124.2 (3) for agricultural activities that produce food crops for humans or livestock. |
---|
4304 | | - | 124.3Sec. 30. Minnesota Statutes 2024, section 115B.421, is amended to read: |
---|
4305 | | - | 124.4 115B.421 CLOSED LANDFILL INVESTMENT FUND. |
---|
4306 | | - | 124.5 Subdivision 1.Establishment.(a) The closed landfill investment fund is established in |
---|
4307 | | - | 124.6the state treasury. The fund consists of money credited to the fund and interest and other |
---|
4308 | | - | 124.7earnings on money in the fund. Funds must be deposited as described in section 115B.445. |
---|
4309 | | - | 124.8The fund must be managed to maximize long-term gain through the State Board of |
---|
4310 | | - | 124.9Investment. |
---|
4311 | | - | 124.10 (b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment |
---|
4312 | | - | 124.11fund to the commissioner for the purposes of sections 115B.39 to 115B.444. |
---|
4313 | | - | 124.12 (c) If the commissioner determines that a release or threatened release from a qualified |
---|
4314 | | - | 124.13facility for which the commissioner has assumed obligations for environmental response |
---|
4315 | | - | 124.14actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate |
---|
4316 | | - | 124.15action to prevent, minimize, or mitigate damage either to the public health or welfare or the |
---|
4317 | | - | 124.16environment or to a system designed to protect the public health or welfare or the |
---|
4318 | | - | 124.17environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b) |
---|
4319 | | - | 124.18is appropriated to the commissioner in the first year of the biennium and may be spent by |
---|
4320 | | - | 124.19the commissioner to take reasonable and necessary emergency response actions. Money |
---|
4321 | | - | 124.20not spent in the first year of the biennium may be spent in the second year. If money is |
---|
4322 | | - | 124.21appropriated under this paragraph, the commissioner must notify the chairs of the senate |
---|
4323 | | - | 124.22and house of representatives committees having jurisdiction over environment policy and |
---|
4324 | | - | 124.23finance as soon as possible. The commissioner must maintain the fund balance to ensure |
---|
4325 | | - | 124.24long-term viability of the fund and reflect the responsibility of the landfill cleanup program |
---|
4326 | | - | 124.25in perpetuity. |
---|
4327 | | - | 124.26 (d) Paragraphs (b) and (c) expire June 30, 2025. |
---|
4328 | | - | 124.27 Subd. 2.Local notification.If money in the closed landfill investment fund is spent or |
---|
4329 | | - | 124.28transferred for purposes other than the purposes provided under sections 115B.39 to |
---|
4330 | | - | 124.29115B.444, the commissioner of the Pollution Control Agency must provide written |
---|
4331 | | - | 124.30notification to each county with a qualified facility within 30 days of the transfer or |
---|
4332 | | - | 124.31expenditure that includes the amount, purpose, and authority used to spend or transfer the |
---|
4333 | | - | 124.32money. |
---|
4334 | | - | 124Article 4 Sec. 30. |
---|
4335 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 125.1Sec. 31. Minnesota Statutes 2024, section 116.07, is amended by adding a subdivision to |
---|
4336 | | - | 125.2read: |
---|
4337 | | - | 125.3 Subd. 13.Outreach to culturally diverse communities.The commissioner must ensure |
---|
4338 | | - | 125.4that, to the maximum extent practicable, the commissioner's work and the work of the agency |
---|
4339 | | - | 125.5are carried out in a manner that facilitates outreach to and communication with Minnesotans |
---|
4340 | | - | 125.6of diverse backgrounds, cultures, and languages. To the maximum extent practicable, public |
---|
4341 | | - | 125.7hearings, solicitations for grant proposals, and other interactions with the public must include |
---|
4342 | | - | 125.8audiovisual communication components and must not rely exclusively on written forms of |
---|
4343 | | - | 125.9communication. |
---|
4344 | | - | 125.10Sec. 32. Minnesota Statutes 2024, section 116.073, subdivision 1, is amended to read: |
---|
4345 | | - | 125.11 Subdivision 1.Authority to issue.(a) Pollution Control Agency staff designated by the |
---|
4346 | | - | 125.12commissioner and Department of Natural Resources conservation officers may issue citations |
---|
4347 | | - | 125.13to a person who: |
---|
4348 | | - | 125.14 (1) disposes of solid waste as defined in section 116.06, subdivision 22, at a location |
---|
4349 | | - | 125.15not authorized by law for the disposal of solid waste without permission of the owner of |
---|
4350 | | - | 125.16the property; |
---|
4351 | | - | 125.17 (2) fails to report or recover discharges as required under section 115.061; |
---|
4352 | | - | 125.18 (3) fails to take discharge preventive or preparedness measures required under chapter |
---|
4353 | | - | 125.19115E; |
---|
4354 | | - | 125.20 (4) fails to install or use vapor recovery equipment during the transfer of gasoline from |
---|
4355 | | - | 125.21a transport delivery vehicle to an underground storage tank as required in section 116.49, |
---|
4356 | | - | 125.22subdivisions 3 and 4; |
---|
4357 | | - | 125.23 (5) performs labor or services designing, installing, constructing, inspecting, servicing, |
---|
4358 | | - | 125.24repairing, or operating a subsurface sewage treatment system (SSTS) as defined in chapter |
---|
4359 | | - | 125.25115 and has violated rules adopted under chapters 115 and 116 in any of the following |
---|
4360 | | - | 125.26categories: |
---|
4361 | | - | 125.27 (i) failure to acquire or maintain a current state-issued SSTS license; |
---|
4362 | | - | 125.28 (ii) failure to acquire or maintain a current surety bond for SSTS activities; |
---|
4363 | | - | 125.29 (iii) failure to acquire or maintain a required local permit for SSTS activities; or |
---|
4364 | | - | 125.30 (iv) failure to submit SSTS as-built plans or compliance inspection forms to the local |
---|
4365 | | - | 125.31governmental unit; or |
---|
4366 | | - | 125Article 4 Sec. 32. |
---|
4367 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 126.1 (6) performs labor or services pumping, hauling, treating, spreading, dumping, |
---|
4368 | | - | 126.2discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100, subpart |
---|
4369 | | - | 126.369, and has violated rules adopted under chapters 115 and 116 or Code of Federal |
---|
4370 | | - | 126.4Regulations, title 40, section 503, in any of the following categories: |
---|
4371 | | - | 126.5 (i) failure to acquire or maintain a current state-issued SSTS license; |
---|
4372 | | - | 126.6 (ii) failure to acquire or maintain a current surety bond for SSTS activities; |
---|
4373 | | - | 126.7 (iii) failure to provide control measures to prevent the pollution of underground waters |
---|
4374 | | - | 126.8from the discharge of septage into the saturated or unsaturated zone; |
---|
4375 | | - | 126.9 (iv) failure to produce records or maintain records in accordance with Code of Federal |
---|
4376 | | - | 126.10Regulations, title 40, section 503; or |
---|
4377 | | - | 126.11 (v) failure to treat septage for pathogens and vectors in accordance with Code of Federal |
---|
4378 | | - | 126.12Regulations, title 40, section 503; or |
---|
4379 | | - | 126.13 (7) fails to self-certify that they have received the skin-lightener notice and will comply |
---|
4380 | | - | 126.14with the law, as required by section 325F.998. |
---|
4381 | | - | 126.15 (b) Agency staff designated by the commissioner may issue citations to facility owners |
---|
4382 | | - | 126.16and operators who fail to produce, within 30 days or within a reasonable alternative time |
---|
4383 | | - | 126.17frame as determined and required by the commissioner, information or reports necessary |
---|
4384 | | - | 126.18for developing and reissuing permits and permit amendments under chapters 114C and 115 |
---|
4385 | | - | 126.19to 116. If the owner or operator cannot produce the information or reports within 30 days |
---|
4386 | | - | 126.20or according to an alternative time frame required by the commissioner, the owner or operator |
---|
4387 | | - | 126.21may request an extension within 30 days of the request for information or reports. The |
---|
4388 | | - | 126.22commissioner must keep records of citations issued under this paragraph that identify the |
---|
4389 | | - | 126.23facility, the owner or operator, and any person hired by or representing the owner or operator |
---|
4390 | | - | 126.24to prepare or assist in preparing the permit application or other information or report requested |
---|
4391 | | - | 126.25by the commissioner. |
---|
4392 | | - | 126.26 (b) (c) In addition, Pollution Control Agency staff designated by the commissioner may |
---|
4393 | | - | 126.27issue citations to owners and operators of facilities who violate sections 116.46 to 116.50 |
---|
4394 | | - | 126.28and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation |
---|
4395 | | - | 126.29issued under this subdivision must include a requirement that the person cited remove and |
---|
4396 | | - | 126.30properly dispose of or otherwise manage the waste or discharged oil or hazardous substance, |
---|
4397 | | - | 126.31reimburse any government agency that has disposed of the waste or discharged oil or |
---|
4398 | | - | 126.32hazardous substance and contaminated debris for the reasonable costs of disposal, or correct |
---|
4399 | | - | 126.33any storage tank violations. |
---|
4400 | | - | 126Article 4 Sec. 32. |
---|
4401 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 127.1 (c) (d) Citations for violations of sections 115E.045 and 116.46 to 116.50 and Minnesota |
---|
4402 | | - | 127.2Rules, chapters 7150 and 7151, may be issued only after the owners and operators have had |
---|
4403 | | - | 127.3a 60-day period to correct violations stated in writing by Pollution Control Agency staff, |
---|
4404 | | - | 127.4unless there is a discharge associated with the violation or the violation is a repeat violation |
---|
4405 | | - | 127.5from a previous inspection. |
---|
4406 | | - | 127.6Sec. 33. Minnesota Statutes 2024, section 116.073, subdivision 2, is amended to read: |
---|
4407 | | - | 127.7 Subd. 2.Penalty amount.The citation must impose the following penalty amounts: |
---|
4408 | | - | 127.8 (1) $100 per major appliance, as defined in section 115A.03, subdivision 17a, up to a |
---|
4409 | | - | 127.9maximum of $2,000; |
---|
4410 | | - | 127.10 (2) $25 per waste tire, as defined in section 115A.90, subdivision 11, up to a maximum |
---|
4411 | | - | 127.11of $2,000; |
---|
4412 | | - | 127.12 (3) $25 per lead acid battery governed by section 115A.915, up to a maximum of $2,000; |
---|
4413 | | - | 127.13 (4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000; |
---|
4414 | | - | 127.14 (5) up to $200 for any amount of waste that escapes from a vehicle used for the |
---|
4415 | | - | 127.15transportation of solid waste if, after receiving actual notice that waste has escaped the |
---|
4416 | | - | 127.16vehicle, the person or company transporting the waste fails to immediately collect the waste; |
---|
4417 | | - | 127.17 (6) $50 per violation of rules adopted under section 116.49, relating to underground |
---|
4418 | | - | 127.18storage tank system design, construction, installation, and notification requirements, up to |
---|
4419 | | - | 127.19a maximum of $2,000; |
---|
4420 | | - | 127.20 (7) $500 per violation of rules adopted under section 116.49, relating to upgrading of |
---|
4421 | | - | 127.21existing underground storage tank systems, up to a maximum of $2,000 per tank system; |
---|
4422 | | - | 127.22 (8) $250 per violation of rules adopted under section 116.49, relating to underground |
---|
4423 | | - | 127.23storage tank system general operating requirements, up to a maximum of $2,000; |
---|
4424 | | - | 127.24 (9) $250 per violation of rules adopted under section 116.49, relating to underground |
---|
4425 | | - | 127.25storage tank system release detection requirements, up to a maximum of $2,000; |
---|
4426 | | - | 127.26 (10) $50 per violation of rules adopted under section 116.49, relating to out-of-service |
---|
4427 | | - | 127.27underground storage tank systems and closure, up to a maximum of $2,000; |
---|
4428 | | - | 127.28 (11) $50 per violation of sections 116.48 to 116.491 relating to underground storage |
---|
4429 | | - | 127.29tank system notification, monitoring, environmental protection, and tank installers training |
---|
4430 | | - | 127.30and certification requirements, up to a maximum of $2,000; |
---|
4431 | | - | 127Article 4 Sec. 33. |
---|
4432 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 128.1 (12) $25 per gallon of oil or hazardous substance discharged which is not reported or |
---|
4433 | | - | 128.2recovered under section 115.061, up to a maximum of $2,000; |
---|
4434 | | - | 128.3 (13) $1 per gallon of oil or hazardous substance being stored, transported, or otherwise |
---|
4435 | | - | 128.4handled without the prevention or preparedness measures required under chapter 115E, up |
---|
4436 | | - | 128.5to a maximum of $2,000; |
---|
4437 | | - | 128.6 (14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter |
---|
4438 | | - | 128.77151, related to aboveground storage tank systems, up to a maximum of $2,000; |
---|
4439 | | - | 128.8 (15) $250 per delivery made in violation of section 116.49, subdivision 3 or 4, levied |
---|
4440 | | - | 128.9against: |
---|
4441 | | - | 128.10 (i) the retail location if vapor recovery equipment is not installed or maintained properly; |
---|
4442 | | - | 128.11 (ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery |
---|
4443 | | - | 128.12equipment; or |
---|
4444 | | - | 128.13 (iii) the driver for failure to use supplied vapor recovery equipment; |
---|
4445 | | - | 128.14 (16) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
4446 | | - | 128.15to comply with state subsurface sewage treatment system (SSTS) license requirements, up |
---|
4447 | | - | 128.16to a maximum of $2,000; |
---|
4448 | | - | 128.17 (17) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
4449 | | - | 128.18to comply with SSTS surety bond requirements, up to a maximum of $2,000; |
---|
4450 | | - | 128.19 (18) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
4451 | | - | 128.20to provide control measures to prevent the pollution of underground waters from the discharge |
---|
4452 | | - | 128.21of septage into the saturated or unsaturated zone, up to a maximum of $2,000; |
---|
4453 | | - | 128.22 (19) $500 per violation of rules adopted under chapters 115 and 116 or Code of Federal |
---|
4454 | | - | 128.23Regulations, title 40, section 503, relating to failure to treat septage for pathogens and |
---|
4455 | | - | 128.24vectors, up to a maximum of $2,000; |
---|
4456 | | - | 128.25 (20) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal |
---|
4457 | | - | 128.26Regulations, title 40, section 503, relating to failure to produce records or maintain records, |
---|
4458 | | - | 128.27up to a maximum of $2,000; |
---|
4459 | | - | 128.28 (21) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal |
---|
4460 | | - | 128.29Regulations, title 40, section 503, relating to failure to submit as-built plans or compliance |
---|
4461 | | - | 128.30inspection forms to the local governmental unit, up to a maximum of $2,000; and |
---|
4462 | | - | 128.31 (22) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
4463 | | - | 128.32to obtain required local permits, up to a maximum of $2,000; |
---|
4464 | | - | 128Article 4 Sec. 33. |
---|
4465 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 129.1 (23) $100 per violation of section 325F.998, relating to certification that businesses will |
---|
4466 | | - | 129.2comply with skin-lightener requirements; and |
---|
4467 | | - | 129.3 (24) $50 per day under subdivision 1, paragraph (b), for each information item or report |
---|
4468 | | - | 129.4requested for the first 30 days delinquent and $500 per day thereafter, up to a maximum of |
---|
4469 | | - | 129.5$20,000 for each information item or report requested, until the commissioner determines |
---|
4470 | | - | 129.6the request for information or report is complete. |
---|
4471 | | - | 129.7Sec. 34. Minnesota Statutes 2024, section 116.182, subdivision 5, is amended to read: |
---|
4472 | | - | 129.8 Subd. 5.Rules.(a) The agency shall adopt rules for the administration of the financial |
---|
4473 | | - | 129.9assistance program. For wastewater treatment projects, the rules must include: |
---|
4474 | | - | 129.10 (1) application requirements; |
---|
4475 | | - | 129.11 (2) criteria for the ranking of projects in order of priority based on factors including the |
---|
4476 | | - | 129.12type of project and the degree of environmental impact, and scenic and wild river standards; |
---|
4477 | | - | 129.13and |
---|
4478 | | - | 129.14 (3) criteria for determining essential project components. |
---|
4479 | | - | 129.15 (b) Notwithstanding any provision in Minnesota Rules, chapter 7077, to the contrary, |
---|
4480 | | - | 129.16for purposes of Minnesota Rules, parts 7077.0117, 7077.0118, and 7077.0119, the |
---|
4481 | | - | 129.17commissioner must assign 40 points if a municipality is proposing a project to address |
---|
4482 | | - | 129.18emerging contaminants, as defined by the United States Environmental Protection Agency. |
---|
4483 | | - | 129.19This paragraph expires June 30, 2030. |
---|
4484 | | - | 129.20Sec. 35. Minnesota Statutes 2024, section 116.943, subdivision 1, is amended to read: |
---|
4485 | | - | 129.21 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
---|
4486 | | - | 129.22the meanings given. |
---|
4487 | | - | 129.23 (b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress. |
---|
4488 | | - | 129.24 (c) "Air care product" means a chemically formulated consumer product labeled to |
---|
4489 | | - | 129.25indicate that the purpose of the product is to enhance or condition the indoor environment |
---|
4490 | | - | 129.26by eliminating odors or freshening the air. |
---|
4491 | | - | 129.27 (d) "Automotive maintenance product" means a chemically formulated consumer product |
---|
4492 | | - | 129.28labeled to indicate that the purpose of the product is to maintain the appearance of a motor |
---|
4493 | | - | 129.29vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior |
---|
4494 | | - | 129.30or interior surfaces of motor vehicles. Automotive maintenance product does not include |
---|
4495 | | - | 129.31automotive paint or paint repair products. |
---|
4496 | | - | 129Article 4 Sec. 35. |
---|
4497 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 130.1 (e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering. |
---|
4498 | | - | 130.2 (f) "Cleaning product" means a finished product used primarily for domestic, commercial, |
---|
4499 | | - | 130.3or institutional cleaning purposes, including but not limited to an air care product, an |
---|
4500 | | - | 130.4automotive maintenance product, a general cleaning product, or a polish or floor maintenance |
---|
4501 | | - | 130.5product. |
---|
4502 | | - | 130.6 (g) "Commissioner" means the commissioner of the Pollution Control Agency. |
---|
4503 | | - | 130.7 (h) "Cookware" means durable houseware items used to prepare, dispense, or store food, |
---|
4504 | | - | 130.8foodstuffs, or beverages. Cookware includes but is not limited to pots, pans, skillets, grills, |
---|
4505 | | - | 130.9baking sheets, baking molds, trays, bowls, and cooking utensils. |
---|
4506 | | - | 130.10 (i) "Cosmetic" means articles, excluding soap: |
---|
4507 | | - | 130.11 (1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise |
---|
4508 | | - | 130.12applied to the human body or any part thereof for the purpose of cleansing, beautifying, |
---|
4509 | | - | 130.13promoting attractiveness, or altering the appearance; and |
---|
4510 | | - | 130.14 (2) intended for use as a component of any such article. |
---|
4511 | | - | 130.15 (j) "Currently unavoidable use" means a use of PFAS that the commissioner has |
---|
4512 | | - | 130.16determined by rule under this section to be essential for health, safety, or the functioning |
---|
4513 | | - | 130.17of society and for which alternatives are not reasonably available. |
---|
4514 | | - | 130.18 (k) "Fabric treatment" means a substance applied to fabric to give the fabric one or more |
---|
4515 | | - | 130.19characteristics, including but not limited to stain resistance or water resistance. |
---|
4516 | | - | 130.20 (l) "Intentionally added" means PFAS deliberately added during the manufacture of a |
---|
4517 | | - | 130.21product where the continued presence of PFAS is desired in the final product or one of the |
---|
4518 | | - | 130.22product's components to perform a specific function. |
---|
4519 | | - | 130.23 (m) "Juvenile product" means a product designed or marketed for use by infants and |
---|
4520 | | - | 130.24children under 12 years of age: |
---|
4521 | | - | 130.25 (1) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper; |
---|
4522 | | - | 130.26booster seat; changing pad; child restraint system for use in motor vehicles and aircraft; |
---|
4523 | | - | 130.27co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant |
---|
4524 | | - | 130.28seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing |
---|
4525 | | - | 130.29pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow; |
---|
4526 | | - | 130.30portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable |
---|
4527 | | - | 130.31crib; stroller; and toddler mattress; and |
---|
4528 | | - | 130Article 4 Sec. 35. |
---|
4529 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 131.1 (2) not including a children's electronic product such as a personal computer, audio and |
---|
4530 | | - | 131.2video equipment, calculator, wireless phone, game console, handheld device incorporating |
---|
4531 | | - | 131.3a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, |
---|
4532 | | - | 131.4or power cord; or an adult mattress; and |
---|
4533 | | - | 131.5 (3) not including: |
---|
4534 | | - | 131.6 (i) an off-highway vehicle made for children; |
---|
4535 | | - | 131.7 (ii) an all-terrain vehicle made for children; |
---|
4536 | | - | 131.8 (iii) an off-highway motorcycle made for children; |
---|
4537 | | - | 131.9 (iv) a snowmobile made for children; |
---|
4538 | | - | 131.10 (v) an electric-assisted bicycle made for children; or |
---|
4539 | | - | 131.11 (vi) a replacement part for a vehicle described in items (i) through (v). |
---|
4540 | | - | 131.12 (n) "Manufacturer" means the person that creates or produces a product or whose brand |
---|
4541 | | - | 131.13name is affixed to the product. In the case of a product imported into the United States, |
---|
4542 | | - | 131.14manufacturer includes the importer or first domestic distributor of the product if the person |
---|
4543 | | - | 131.15that manufactured or assembled the product or whose brand name is affixed to the product |
---|
4544 | | - | 131.16does not have a presence in the United States. |
---|
4545 | | - | 131.17 (o) "Medical device" has the meaning given "device" under United States Code, title |
---|
4546 | | - | 131.1821, section 321, subsection (h). |
---|
4547 | | - | 131.19 (p) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of |
---|
4548 | | - | 131.20fluorinated organic chemicals containing at least one fully fluorinated carbon atom. |
---|
4549 | | - | 131.21 (q) "Product" means an item manufactured, assembled, packaged, or otherwise prepared |
---|
4550 | | - | 131.22for sale to consumers, including but not limited to its product components, sold or distributed |
---|
4551 | | - | 131.23for personal, residential, commercial, or industrial use, including for use in making other |
---|
4552 | | - | 131.24products. |
---|
4553 | | - | 131.25 (r) "Product component" means an identifiable component of a product, regardless of |
---|
4554 | | - | 131.26whether the manufacturer of the product is the manufacturer of the component. |
---|
4555 | | - | 131.27 (s) "Ski wax" means a lubricant applied to the bottom of snow runners, including but |
---|
4556 | | - | 131.28not limited to skis and snowboards, to improve their grip or glide properties. Ski wax includes |
---|
4557 | | - | 131.29related tuning products. |
---|
4558 | | - | 131Article 4 Sec. 35. |
---|
4559 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 132.1 (t) "Textile" means an item made in whole or part from a natural or synthetic fiber, yarn, |
---|
4560 | | - | 132.2or fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose, |
---|
4561 | | - | 132.3nylon, and polyester. |
---|
4562 | | - | 132.4 (u) "Textile furnishings" means textile goods of a type customarily used in households |
---|
4563 | | - | 132.5and businesses, including but not limited to draperies, floor coverings, furnishings, bedding, |
---|
4564 | | - | 132.6towels, and tablecloths. |
---|
4565 | | - | 132.7 (v) "Upholstered furniture" means an article of furniture that is designed to be used for |
---|
4566 | | - | 132.8sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling |
---|
4567 | | - | 132.9material. |
---|
4568 | | - | 132.10 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
4569 | | - | 132.11Sec. 36. Minnesota Statutes 2024, section 116.943, subdivision 5, is amended to read: |
---|
4570 | | - | 132.12 Subd. 5.Prohibitions.(a) Beginning January 1, 2025, a person may not sell, offer for |
---|
4571 | | - | 132.13sale, or distribute for sale in this state the following products if the product contains |
---|
4572 | | - | 132.14intentionally added PFAS: |
---|
4573 | | - | 132.15 (1) carpets or rugs; |
---|
4574 | | - | 132.16 (2) cleaning products; |
---|
4575 | | - | 132.17 (3) cookware; |
---|
4576 | | - | 132.18 (4) cosmetics; |
---|
4577 | | - | 132.19 (5) dental floss; |
---|
4578 | | - | 132.20 (6) fabric treatments; |
---|
4579 | | - | 132.21 (7) juvenile products; |
---|
4580 | | - | 132.22 (8) menstruation products; |
---|
4581 | | - | 132.23 (9) textile furnishings; |
---|
4582 | | - | 132.24 (10) ski wax; or |
---|
4583 | | - | 132.25 (11) upholstered furniture. |
---|
4584 | | - | 132.26 (b) Paragraph (a) does not prohibit the sale, offering for sale, or distribution of a product |
---|
4585 | | - | 132.27that contains intentionally added PFAS only in internal components that do not come into |
---|
4586 | | - | 132.28direct contact with a person's skin or mouth during reasonably foreseeable use or abuse of |
---|
4587 | | - | 132.29the product. |
---|
4588 | | - | 132Article 4 Sec. 36. |
---|
4589 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 133.1 (b) (c) The commissioner may by rule identify additional products by category or use |
---|
4590 | | - | 133.2that may not be sold, offered for sale, or distributed for sale in this state if they contain |
---|
4591 | | - | 133.3intentionally added PFAS and designate effective dates. A prohibition adopted under this |
---|
4592 | | - | 133.4paragraph must be effective no earlier than January 1, 2025, and no later than January 1, |
---|
4593 | | - | 133.52032. The commissioner must prioritize the prohibition of the sale of product categories |
---|
4594 | | - | 133.6that, in the commissioner's judgment, are most likely to contaminate or harm the state's |
---|
4595 | | - | 133.7environment and natural resources if they contain intentionally added PFAS. |
---|
4596 | | - | 133.8 (c) (d) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for |
---|
4597 | | - | 133.9sale in this state any product that contains intentionally added PFAS, unless the commissioner |
---|
4598 | | - | 133.10has determined by rule that the use of PFAS in the product is a currently unavoidable use. |
---|
4599 | | - | 133.11The commissioner may specify specific products or product categories for which the |
---|
4600 | | - | 133.12commissioner has determined the use of PFAS is a currently unavoidable use. The |
---|
4601 | | - | 133.13commissioner may not determine that the use of PFAS in a product is a currently unavoidable |
---|
4602 | | - | 133.14use if the product is listed in paragraph (a). |
---|
4603 | | - | 133.15 (d) (e) The commissioner may not take action under paragraph (b) (c) or (c) (d) with |
---|
4604 | | - | 133.16respect to a pesticide, as defined under chapter 18B, a fertilizer, an agricultural liming |
---|
4605 | | - | 133.17material, a plant amendment, or a soil amendment as defined under chapter 18C, unless the |
---|
4606 | | - | 133.18commissioner of agriculture approves the action. |
---|
4607 | | - | 133.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
4608 | | - | 133.20Sec. 37. Minnesota Statutes 2024, section 325E.3892, subdivision 1, is amended to read: |
---|
4609 | | - | 133.21 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
---|
4610 | | - | 133.22the meanings given. |
---|
4611 | | - | 133.23 (b) "Covered product" means any of the following products or product components: |
---|
4612 | | - | 133.24 (1) jewelry; |
---|
4613 | | - | 133.25 (2) toys; |
---|
4614 | | - | 133.26 (3) cosmetics and personal care products; |
---|
4615 | | - | 133.27 (4) puzzles, board games, card games, and similar games; |
---|
4616 | | - | 133.28 (5) play sets and play structures; |
---|
4617 | | - | 133.29 (6) outdoor games; |
---|
4618 | | - | 133.30 (7) school supplies, except ink pens and mechanical pencils; |
---|
4619 | | - | 133.31 (8) pots and pans; |
---|
4620 | | - | 133Article 4 Sec. 37. |
---|
4621 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 134.1 (9) cups, bowls, and other food containers; |
---|
4622 | | - | 134.2 (10) craft supplies and jewelry-making supplies; |
---|
4623 | | - | 134.3 (11) chalk, crayons, children's paints, and other art supplies except professional artist |
---|
4624 | | - | 134.4materials, including but not limited to oil-based paints, water-based paints, paints, pastels, |
---|
4625 | | - | 134.5pigments, ceramic glazes, and markers; |
---|
4626 | | - | 134.6 (12) fidget spinners; |
---|
4627 | | - | 134.7 (13) costumes, costume accessories, and children's and seasonal party supplies; |
---|
4628 | | - | 134.8 (14) keys, key chains, and key rings; and |
---|
4629 | | - | 134.9 (15) clothing, footwear, headwear, and accessories. |
---|
4630 | | - | 134.10 (c) "Pastels" means a crayon composed of powdered pigments bonded with gum or resin. |
---|
4631 | | - | 134.11 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
4632 | | - | 134.12Sec. 38. Minnesota Statutes 2024, section 325E.3892, subdivision 2, is amended to read: |
---|
4633 | | - | 134.13 Subd. 2.Prohibition.(a) A person must not import, manufacture, sell, hold for sale, or |
---|
4634 | | - | 134.14distribute or offer for use in this state any covered product containing: |
---|
4635 | | - | 134.15 (1) lead at more than 0.009 percent by total weight (90 parts per million); or |
---|
4636 | | - | 134.16 (2) cadmium at more than 0.0075 percent by total weight (75 parts per million). |
---|
4637 | | - | 134.17 (b) This section does not apply to: |
---|
4638 | | - | 134.18 (1) covered products containing lead or cadmium, or both, when regulation is preempted |
---|
4639 | | - | 134.19by federal law; or |
---|
4640 | | - | 134.20 (2) covered products that contain lead only in solder used in internal components or in |
---|
4641 | | - | 134.21pen tips so long as: |
---|
4642 | | - | 134.22 (i) the product is not imported, manufactured, sold, held for sale, distributed, or offered |
---|
4643 | | - | 134.23for use in this state after July 1, 2028; and |
---|
4644 | | - | 134.24 (ii) the manufacturer of the product submits biennial reports to the commissioner of the |
---|
4645 | | - | 134.25Pollution Control Agency that explain the barriers to removing lead from the product, |
---|
4646 | | - | 134.26progress toward adoption of lead-free alternatives, and a timeline for full adoption of those |
---|
4647 | | - | 134.27alternatives. |
---|
4648 | | - | 134.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
4649 | | - | 134Article 4 Sec. 38. |
---|
4650 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 135.1Sec. 39. Minnesota Statutes 2024, section 325F.072, subdivision 3, is amended to read: |
---|
4651 | | - | 135.2 Subd. 3.Prohibition.(a) No person, political subdivision, or state agency shall |
---|
4652 | | - | 135.3manufacture or knowingly sell, offer for sale, distribute for sale, or distribute for use in this |
---|
4653 | | - | 135.4state, and no person shall use in this state, class B firefighting foam containing PFAS |
---|
4654 | | - | 135.5chemicals. |
---|
4655 | | - | 135.6 (b) This subdivision does not apply to the manufacture, sale, distribution, or use of class |
---|
4656 | | - | 135.7B firefighting foam for which the inclusion of PFAS chemicals is required by federal law, |
---|
4657 | | - | 135.8including but not limited to Code of Federal Regulations, title 14, section 139.317. If a |
---|
4658 | | - | 135.9federal requirement to include PFAS chemicals in class B firefighting foam is revoked after |
---|
4659 | | - | 135.10January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer |
---|
4660 | | - | 135.11exempt under this paragraph effective one year after the day of revocation. |
---|
4661 | | - | 135.12 (c) This subdivision does not apply to the manufacture, sale, distribution, or use of class |
---|
4662 | | - | 135.13B firefighting foam for purposes of use at an airport, as defined under section 360.013, |
---|
4663 | | - | 135.14subdivision 39, until the state fire marshal makes a determination that: |
---|
4664 | | - | 135.15 (1) the Federal Aviation Administration has provided policy guidance on the transition |
---|
4665 | | - | 135.16to fluorine-free firefighting foam; |
---|
4666 | | - | 135.17 (2) a fluorine-free firefighting foam product is included in the Federal Aviation |
---|
4667 | | - | 135.18Administration's Qualified Product Database; and |
---|
4668 | | - | 135.19 (3) a firefighting foam product included in the database under clause (2) is commercially |
---|
4669 | | - | 135.20available in quantities sufficient to reliably meet the requirements under Code of Federal |
---|
4670 | | - | 135.21Regulations, title 14, part 139. |
---|
4671 | | - | 135.22 (d) Until the state fire marshal makes a determination under paragraph (c), the operator |
---|
4672 | | - | 135.23of an airport using class B firefighting foam containing PFAS chemicals must, on or before |
---|
4673 | | - | 135.24December 31 each calendar year, submit a report to the state fire marshal regarding the |
---|
4674 | | - | 135.25status of the airport's conversion to class B firefighting foam products without intentionally |
---|
4675 | | - | 135.26added PFAS, the disposal of class B firefighting foam products with intentionally added |
---|
4676 | | - | 135.27PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport. |
---|
4677 | | - | 135.28 (e) Until January 1, 2028, this subdivision does not apply to the manufacture, sale, |
---|
4678 | | - | 135.29distribution, or use of class B firefighting foam for use in hangar fixed firefighting systems |
---|
4679 | | - | 135.30at an airport, as defined under section 360.013, subdivision 39. The commissioner of the |
---|
4680 | | - | 135.31Pollution Control Agency, in consultation with the state fire marshal, may provide the |
---|
4681 | | - | 135.32operator of an airport using class B firefighting foam containing PFAS chemicals one year |
---|
4682 | | - | 135.33extensions beyond this date upon a showing that the need for additional time is beyond the |
---|
4683 | | - | 135Article 4 Sec. 39. |
---|
4684 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 136.1operator's control and that public safety and the environment will be protected during the |
---|
4685 | | - | 136.2period of the extension. |
---|
4686 | | - | 136.3Sec. 40. [325F.998] SKIN-LIGHTENER NOTICE REQUIRED. |
---|
4687 | | - | 136.4 Subdivision 1.Notice required.After August 1, 2026, and annually thereafter, the |
---|
4688 | | - | 136.5commissioner of the Pollution Control Agency must send a notice to retailers who sell |
---|
4689 | | - | 136.6skin-lightening products that states that selling skin-lightening products that contain mercury |
---|
4690 | | - | 136.7is illegal and subject to penalties. Additionally, the commissioner must engage in outreach |
---|
4691 | | - | 136.8to retailers who sell skin-lightening products in order to convey the dangers of using |
---|
4692 | | - | 136.9skin-lightening products that contain mercury. |
---|
4693 | | - | 136.10 Subd. 2.Certification.Businesses who receive notice from the commissioner must |
---|
4694 | | - | 136.11self-certify on a form prescribed by the commissioner that they have received the notice |
---|
4695 | | - | 136.12and will comply with the law. |
---|
4696 | | - | 136.13Sec. 41. Minnesota Statutes 2024, section 446A.07, subdivision 8, is amended to read: |
---|
4697 | | - | 136.14 Subd. 8.Other uses of revolving fund.(a) The clean water revolving fund may be used |
---|
4698 | | - | 136.15as provided in title VI of the Federal Water Pollution Control Act, including the following |
---|
4699 | | - | 136.16uses: |
---|
4700 | | - | 136.17 (1) to buy or refinance the debt obligation of governmental units for treatment works |
---|
4701 | | - | 136.18where debt was incurred and construction begun after March 7, 1985, at or below market |
---|
4702 | | - | 136.19rates; |
---|
4703 | | - | 136.20 (2) to guarantee or purchase insurance for local obligations to improve credit market |
---|
4704 | | - | 136.21access or reduce interest rates; |
---|
4705 | | - | 136.22 (3) to provide a source of revenue or security for the payment of principal and interest |
---|
4706 | | - | 136.23on revenue or general obligation bonds issued by the authority if the bond proceeds are |
---|
4707 | | - | 136.24deposited in the fund; |
---|
4708 | | - | 136.25 (4) to provide loan guarantees, loans, or set-aside for similar revolving funds established |
---|
4709 | | - | 136.26by a governmental unit other than state agencies, or state agencies under sections 17.117, |
---|
4710 | | - | 136.27103F.725, subdivision 1a, and 116J.617; |
---|
4711 | | - | 136.28 (5) to earn interest on fund accounts; and |
---|
4712 | | - | 136.29 (6) to pay the reasonable costs incurred by the authority and the Pollution Control Agency |
---|
4713 | | - | 136.30of administering the fund and conducting activities required under the Federal Water Pollution |
---|
4714 | | - | 136Article 4 Sec. 41. |
---|
4715 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 137.1Control Act, including water quality management planning under section 205(j) of the act |
---|
4716 | | - | 137.2and water quality standards continuing planning under section 303(e) of the act;. |
---|
4717 | | - | 137.3 (b) The clean water revolving fund may be used to provide additional subsidization as |
---|
4718 | | - | 137.4permitted under the federal Water Pollution Control Act and other federal law to provide |
---|
4719 | | - | 137.5principal forgiveness or grants: |
---|
4720 | | - | 137.6 (7) to provide principal forgiveness or grants to the extent permitted under the Federal |
---|
4721 | | - | 137.7Water Pollution Control Act and other federal law, (1) based on the affordability criteria |
---|
4722 | | - | 137.8and requirements established for the wastewater water infrastructure funding program under |
---|
4723 | | - | 137.9section 446A.072; and |
---|
4724 | | - | 137.10 (8) to provide loans, principal forgiveness, or grants to the extent permitted under the |
---|
4725 | | - | 137.11Federal Water Pollution Control Act and other federal law (2) for 25 percent of project costs |
---|
4726 | | - | 137.12up to a maximum of $1,000,000 for projects to address green infrastructure, water or energy |
---|
4727 | | - | 137.13efficiency improvements, or other environmentally innovative activities.; and |
---|
4728 | | - | 137.14 (3) for 50 percent of project costs up to a maximum of $3,000,000 for projects that |
---|
4729 | | - | 137.15address emerging contaminants as defined by the United States Environmental Protection |
---|
4730 | | - | 137.16Agency. |
---|
4731 | | - | 137.17 (b) Amounts spent under paragraph (a), clause (6), may not exceed the amount allowed |
---|
4732 | | - | 137.18under the Federal Water Pollution Control Act. |
---|
4733 | | - | 137.19 (c) Principal forgiveness or grants provided under paragraph (a), clause (8), may not |
---|
4734 | | - | 137.20exceed 25 percent of the eligible project costs as determined by the Pollution Control Agency |
---|
4735 | | - | 137.21for project components directly related to green infrastructure, water or energy efficiency |
---|
4736 | | - | 137.22improvements, or other environmentally innovative activities, up to a maximum of |
---|
4737 | | - | 137.23$1,000,000. |
---|
4738 | | - | 137.24Sec. 42. Minnesota Statutes 2024, section 473.355, subdivision 2, is amended to read: |
---|
4739 | | - | 137.25 Subd. 2.Grants.(a) The Metropolitan Council must establish a grant program to provide |
---|
4740 | | - | 137.26grants to cities, counties, townships, Tribal governments, and implementing agencies for |
---|
4741 | | - | 137.27the following purposes: |
---|
4742 | | - | 137.28 (1) removing and planting shade trees on public land to provide environmental benefits; |
---|
4743 | | - | 137.29 (2) replacing trees lost to forest pests, disease, or storms; and |
---|
4744 | | - | 137.30 (3) establishing a more diverse community forest better able to withstand disease and |
---|
4745 | | - | 137.31forest pests. |
---|
4746 | | - | 137Article 4 Sec. 42. |
---|
4747 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 138.1 (b) Any tree planted with money granted under this section must be a climate-adapted |
---|
4748 | | - | 138.2species to Minnesota. |
---|
4749 | | - | 138.3Sec. 43. Minnesota Statutes 2024, section 473.859, subdivision 2, is amended to read: |
---|
4750 | | - | 138.4 Subd. 2.Land use plan.(a) A land use plan must include the water management plan |
---|
4751 | | - | 138.5required by section 103B.235, and shall designate the existing and proposed location, |
---|
4752 | | - | 138.6intensity and extent of use of land and water, including lakes, wetlands, rivers, streams, |
---|
4753 | | - | 138.7natural drainage courses, and adjoining land areas that affect water natural resources, for |
---|
4754 | | - | 138.8agricultural, residential, commercial, industrial and other public and private purposes, or |
---|
4755 | | - | 138.9any combination of such purposes. |
---|
4756 | | - | 138.10 (b) A land use plan must contain a protection element, as appropriate, for historic sites, |
---|
4757 | | - | 138.11the matters listed in the water management plan required by section 103B.235, and an |
---|
4758 | | - | 138.12element for protection and development of access to direct sunlight for solar energy systems. |
---|
4759 | | - | 138.13 (c) A land use plan must also include a housing element containing standards, plans and |
---|
4760 | | - | 138.14programs for providing adequate housing opportunities to meet existing and projected local |
---|
4761 | | - | 138.15and regional housing needs, including but not limited to the use of official controls and land |
---|
4762 | | - | 138.16use planning to promote the availability of land for the development of low and moderate |
---|
4763 | | - | 138.17income housing. |
---|
4764 | | - | 138.18 (d) A land use plan must also include an assessment of the impact of all land use |
---|
4765 | | - | 138.19designations and easements on access to aggregate resources and the local government's |
---|
4766 | | - | 138.20goals, intentions, and priorities concerning aggregate and other natural resources, |
---|
4767 | | - | 138.21transportation infrastructure, land use compatibility, habitat, agricultural preservation, and |
---|
4768 | | - | 138.22other planning priorities, considering information regarding supply from the Minnesota |
---|
4769 | | - | 138.23Geological Survey Information Circular No. 46. |
---|
4770 | | - | 138.24 (e) A land use plan must also include an inventory and projections pertaining to |
---|
4771 | | - | 138.25greenhouse gas emissions and vehicle miles traveled that are generated from activity that |
---|
4772 | | - | 138.26occurs within the local government's jurisdiction. The inventory and projections must include |
---|
4773 | | - | 138.27the emission sources from transportation, land use, energy use, solid waste, and, where |
---|
4774 | | - | 138.28available and applicable, livestock and agriculture. The inventory and projections must |
---|
4775 | | - | 138.29include the estimated impact of strategies, including efficient land use and compact growth, |
---|
4776 | | - | 138.30that reduce or naturally sequester greenhouse gas emissions across sectors. |
---|
4777 | | - | 138.31Sec. 44. Laws 2023, chapter 60, article 1, section 2, subdivision 2, is amended to read: |
---|
4778 | | - | 72,785,00079,311,000138.32Subd. 2.Environmental Analysis and Outcomes |
---|
4779 | | - | 138Article 4 Sec. 44. |
---|
4780 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 139.1 Appropriations by Fund |
---|
4781 | | - | 2025139.2 2024 |
---|
4782 | | - | 53,047,00060,103,000139.3General |
---|
4783 | | - | 19,533,00018,959,000139.4Environmental |
---|
4784 | | - | 205,000249,000139.5Remediation |
---|
4785 | | - | 139.6(a) $122,000 the first year and $125,000 the |
---|
4786 | | - | 139.7second year are from the general fund for: |
---|
4787 | | - | 139.8(1) a municipal liaison to assist municipalities |
---|
4788 | | - | 139.9in implementing and participating in the |
---|
4789 | | - | 139.10rulemaking process for water quality standards |
---|
4790 | | - | 139.11and navigating the NPDES/SDS permitting |
---|
4791 | | - | 139.12process; |
---|
4792 | | - | 139.13(2) enhanced economic analysis in the |
---|
4793 | | - | 139.14rulemaking process for water quality |
---|
4794 | | - | 139.15standards, including more-specific analysis |
---|
4795 | | - | 139.16and identification of cost-effective permitting; |
---|
4796 | | - | 139.17(3) developing statewide economic analyses |
---|
4797 | | - | 139.18and templates to reduce the amount of |
---|
4798 | | - | 139.19information and time required for |
---|
4799 | | - | 139.20municipalities to apply for variances from |
---|
4800 | | - | 139.21water quality standards; and |
---|
4801 | | - | 139.22(4) coordinating with the Public Facilities |
---|
4802 | | - | 139.23Authority to identify and advocate for the |
---|
4803 | | - | 139.24resources needed for urban, suburban, and |
---|
4804 | | - | 139.25Greater Minnesota municipalities to achieve |
---|
4805 | | - | 139.26permit requirements. |
---|
4806 | | - | 139.27(b) $216,000 the first year and $219,000 the |
---|
4807 | | - | 139.28second year are from the environmental fund |
---|
4808 | | - | 139.29for a monitoring program under Minnesota |
---|
4809 | | - | 139.30Statutes, section 116.454. |
---|
4810 | | - | 139.31(c) $132,000 the first year and $137,000 the |
---|
4811 | | - | 139.32second year are for monitoring water quality |
---|
4812 | | - | 139.33and operating assistance programs. |
---|
4813 | | - | 139Article 4 Sec. 44. |
---|
4814 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 140.1(d) $390,000 the first year and $399,000 the |
---|
4815 | | - | 140.2second year are from the environmental fund |
---|
4816 | | - | 140.3for monitoring ambient air for hazardous |
---|
4817 | | - | 140.4pollutants. |
---|
4818 | | - | 140.5(e) $106,000 the first year and $109,000 the |
---|
4819 | | - | 140.6second year are from the environmental fund |
---|
4820 | | - | 140.7for duties related to harmful chemicals in |
---|
4821 | | - | 140.8children's products under Minnesota Statutes, |
---|
4822 | | - | 140.9sections 116.9401 to 116.9407. Of this |
---|
4823 | | - | 140.10amount, $68,000 the first year and $70,000 |
---|
4824 | | - | 140.11the second year are transferred to the |
---|
4825 | | - | 140.12commissioner of health. |
---|
4826 | | - | 140.13(f) $128,000 the first year and $132,000 the |
---|
4827 | | - | 140.14second year are from the environmental fund |
---|
4828 | | - | 140.15for registering wastewater laboratories. |
---|
4829 | | - | 140.16(g) $1,492,000 the first year and $1,519,000 |
---|
4830 | | - | 140.17the second year are from the environmental |
---|
4831 | | - | 140.18fund to continue perfluorochemical |
---|
4832 | | - | 140.19biomonitoring in eastern metropolitan |
---|
4833 | | - | 140.20communities, as recommended by the |
---|
4834 | | - | 140.21Environmental Health Tracking and |
---|
4835 | | - | 140.22Biomonitoring Advisory Panel, and to address |
---|
4836 | | - | 140.23other environmental health risks, including air |
---|
4837 | | - | 140.24quality. The communities must include Hmong |
---|
4838 | | - | 140.25and other immigrant farming communities. |
---|
4839 | | - | 140.26Of this amount, up to $1,226,000 the first year |
---|
4840 | | - | 140.27and $1,248,000 the second year are for transfer |
---|
4841 | | - | 140.28to the commissioner of health. |
---|
4842 | | - | 140.29(h) $61,000 the first year and $62,000 the |
---|
4843 | | - | 140.30second year are from the environmental fund |
---|
4844 | | - | 140.31for the listing procedures for impaired waters |
---|
4845 | | - | 140.32required under this act. |
---|
4846 | | - | 140.33(i) $72,000 the first year and $74,000 the |
---|
4847 | | - | 140.34second year are from the remediation fund for |
---|
4848 | | - | 140Article 4 Sec. 44. |
---|
4849 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 141.1the leaking underground storage tank program |
---|
4850 | | - | 141.2to investigate, clean up, and prevent future |
---|
4851 | | - | 141.3releases from underground petroleum storage |
---|
4852 | | - | 141.4tanks and for the petroleum remediation |
---|
4853 | | - | 141.5program for vapor assessment and |
---|
4854 | | - | 141.6remediation. These same annual amounts are |
---|
4855 | | - | 141.7transferred from the petroleum tank fund to |
---|
4856 | | - | 141.8the remediation fund. |
---|
4857 | | - | 141.9(j) $500,000 the first year is to facilitate the |
---|
4858 | | - | 141.10collaboration and modeling of greenhouse gas |
---|
4859 | | - | 141.11impacts, costs, and benefits of strategies to |
---|
4860 | | - | 141.12reduce statewide greenhouse gas emissions. |
---|
4861 | | - | 141.13This is a onetime appropriation. |
---|
4862 | | - | 141.14(k) $50,266,000 the first year and $50,270,000 |
---|
4863 | | - | 141.15the second year are to establish and implement |
---|
4864 | | - | 141.16a local government climate resiliency and |
---|
4865 | | - | 141.17water infrastructure grant program for local |
---|
4866 | | - | 141.18governmental units and Tribal governments. |
---|
4867 | | - | 141.19Of this amount, $49,100,000 each year is for |
---|
4868 | | - | 141.20grants to support communities in planning and |
---|
4869 | | - | 141.21implementing projects that will allow for |
---|
4870 | | - | 141.22adaptation for a changing climate. At least 40 |
---|
4871 | | - | 141.23percent of the money granted under this |
---|
4872 | | - | 141.24paragraph must be for projects in areas that |
---|
4873 | | - | 141.25meet environmental justice criteria. By |
---|
4874 | | - | 141.26December 30, 2027, the commissioner must |
---|
4875 | | - | 141.27submit a report on the use of grant money to |
---|
4876 | | - | 141.28the chairs and ranking minority members of |
---|
4877 | | - | 141.29the legislative committees with jurisdiction |
---|
4878 | | - | 141.30over environment and natural resources |
---|
4879 | | - | 141.31finance. This appropriation is available until |
---|
4880 | | - | 141.32June 30, 2027. The base for this appropriation |
---|
4881 | | - | 141.33in fiscal year 2026 and beyond is $270,000. |
---|
4882 | | - | 141Article 4 Sec. 44. |
---|
4883 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 142.1(l) $75,000 the first year is for a grant to the |
---|
4884 | | - | 142.2city of Fergus Falls to address water-quality |
---|
4885 | | - | 142.3concerns at Lake Alice. |
---|
4886 | | - | 142.4(m) $150,000 the first year is for a grant to |
---|
4887 | | - | 142.5Rice County to address water-quality concerns |
---|
4888 | | - | 142.6at French Lake. |
---|
4889 | | - | 142.7(n) $75,000 the first year is for a grant to |
---|
4890 | | - | 142.8Ramsey County to address water-quality |
---|
4891 | | - | 142.9concerns at Round Lake. |
---|
4892 | | - | 142.10(o) Recipients of money appropriated in |
---|
4893 | | - | 142.11paragraphs (l), (m), and (n) may use the grants |
---|
4894 | | - | 142.12to contract for water-quality improvement |
---|
4895 | | - | 142.13services, testing, necessary infrastructure, |
---|
4896 | | - | 142.14training, and maintenance. |
---|
4897 | | - | 142.15(p) $2,070,000 the first year and $2,070,000 |
---|
4898 | | - | 142.16the second year are from the environmental |
---|
4899 | | - | 142.17fund to develop and implement a program |
---|
4900 | | - | 142.18related to emerging issues, including |
---|
4901 | | - | 142.19Minnesota's PFAS Blueprint. |
---|
4902 | | - | 142.20(q) $1,820,000 the first year and $1,820,000 |
---|
4903 | | - | 142.21the second year are from the environmental |
---|
4904 | | - | 142.22fund to support improved management of data |
---|
4905 | | - | 142.23collected by the agency and its partners and |
---|
4906 | | - | 142.24regulated parties to facilitate decision-making |
---|
4907 | | - | 142.25and public access. |
---|
4908 | | - | 142.26(r) $500,000 the first year is from the general |
---|
4909 | | - | 142.27fund for the report on firefighter turnout gear |
---|
4910 | | - | 142.28and biomonitoring required under this act. Of |
---|
4911 | | - | 142.29this amount, up to $250,000 $425,000 may be |
---|
4912 | | - | 142.30transferred to the commissioner of health for |
---|
4913 | | - | 142.31biomonitoring of firefighters. This |
---|
4914 | | - | 142.32appropriation is available until June 30, 2027. |
---|
4915 | | - | 142.33(s) $500,000 the first year is to develop |
---|
4916 | | - | 142.34protocols to be used by agencies and |
---|
4917 | | - | 142Article 4 Sec. 44. |
---|
4918 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 143.1departments for sampling and testing |
---|
4919 | | - | 143.2groundwater, surface water, public drinking |
---|
4920 | | - | 143.3water, and private wells for microplastics and |
---|
4921 | | - | 143.4nanoplastics and to begin implementation. The |
---|
4922 | | - | 143.5commissioner of the Pollution Control Agency |
---|
4923 | | - | 143.6may transfer money appropriated under this |
---|
4924 | | - | 143.7paragraph to the commissioners of agriculture, |
---|
4925 | | - | 143.8natural resources, and health to implement the |
---|
4926 | | - | 143.9protocols developed. This is a onetime |
---|
4927 | | - | 143.10appropriation and is available until June 30, |
---|
4928 | | - | 143.112025. |
---|
4929 | | - | 143.12(t) $50,000 the first year is from the |
---|
4930 | | - | 143.13remediation fund for the work group on PFAS |
---|
4931 | | - | 143.14manufacturer fees and report required under |
---|
4932 | | - | 143.15this act. |
---|
4933 | | - | 143.16(u) $387,000 the first year and $90,000 the |
---|
4934 | | - | 143.17second year are to develop and implement the |
---|
4935 | | - | 143.18requirements for fish kills under Minnesota |
---|
4936 | | - | 143.19Statutes, sections 103G.216 and 103G.2165. |
---|
4937 | | - | 143.20Of this amount, up to $331,000 the first year |
---|
4938 | | - | 143.21and $90,000 the second year may be |
---|
4939 | | - | 143.22transferred to the commissioners of health, |
---|
4940 | | - | 143.23natural resources, agriculture, and public |
---|
4941 | | - | 143.24safety and to the Board of Regents of the |
---|
4942 | | - | 143.25University of Minnesota as necessary to |
---|
4943 | | - | 143.26implement those sections. The base for this |
---|
4944 | | - | 143.27appropriation for fiscal year 2026 and beyond |
---|
4945 | | - | 143.28is $7,000. |
---|
4946 | | - | 143.29(v) $63,000 the first year and $92,000 the |
---|
4947 | | - | 143.30second year are for transfer to the |
---|
4948 | | - | 143.31commissioner of health for amending the |
---|
4949 | | - | 143.32health risk limit for PFOS. This is a onetime |
---|
4950 | | - | 143.33appropriation and is available until June 30, |
---|
4951 | | - | 143.342026. |
---|
4952 | | - | 143Article 4 Sec. 44. |
---|
4953 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 144.1(w) $5,000,000 the first year is for community |
---|
4954 | | - | 144.2air-monitoring grants as provided in this act. |
---|
4955 | | - | 144.3This is a onetime appropriation and is |
---|
4956 | | - | 144.4available until June 30, 2027. |
---|
4957 | | - | 144.5(x) $2,333,000 the first year and $2,333,000 |
---|
4958 | | - | 144.6the second year are to adopt rules and |
---|
4959 | | - | 144.7implement air toxics emissions requirements |
---|
4960 | | - | 144.8under Minnesota Statutes, section 116.062. |
---|
4961 | | - | 144.9The general fund appropriations are onetime |
---|
4962 | | - | 144.10and are available until June 30, 2027. The base |
---|
4963 | | - | 144.11for this appropriation is $0 in fiscal year 2026 |
---|
4964 | | - | 144.12and $1,400,000 from the environmental fund |
---|
4965 | | - | 144.13in fiscal year 2027 and beyond. |
---|
4966 | | - | 144.14 EFFECTIVE DATE.This section is effective retroactively from July 1, 2023. |
---|
4967 | | - | 144.15Sec. 45. Laws 2023, chapter 60, article 1, section 2, subdivision 7, is amended to read: |
---|
4968 | | - | 57,974,00082,000,000144.16Subd. 7.Resource Management and Assistance |
---|
4969 | | - | 144.17 Appropriations by Fund |
---|
4970 | | - | 2025144.18 2024 |
---|
4971 | | - | 13,850,00038,464,000144.19General |
---|
4972 | | - | 44,124,00043,536,000144.20Environmental |
---|
4973 | | - | 144.21(a) Up to $150,000 the first year and $150,000 |
---|
4974 | | - | 144.22the second year may be transferred from the |
---|
4975 | | - | 144.23environmental fund to the small business |
---|
4976 | | - | 144.24environmental improvement loan account |
---|
4977 | | - | 144.25under Minnesota Statutes, section 116.993. |
---|
4978 | | - | 144.26(b) $1,000,000 the first year and $1,000,000 |
---|
4979 | | - | 144.27the second year are for competitive recycling |
---|
4980 | | - | 144.28grants under Minnesota Statutes, section |
---|
4981 | | - | 144.29115A.565. Of this amount, $300,000 the first |
---|
4982 | | - | 144.30year and $300,000 the second year are from |
---|
4983 | | - | 144.31the general fund, and $700,000 the first year |
---|
4984 | | - | 144.32and $700,000 the second year are from the |
---|
4985 | | - | 144Article 4 Sec. 45. |
---|
4986 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 145.1environmental fund. This appropriation is |
---|
4987 | | - | 145.2available until June 30, 2027. |
---|
4988 | | - | 145.3(c) $694,000 the first year and $694,000 the |
---|
4989 | | - | 145.4second year are from the environmental fund |
---|
4990 | | - | 145.5for emission-reduction activities and grants to |
---|
4991 | | - | 145.6small businesses and other |
---|
4992 | | - | 145.7nonpoint-emission-reduction efforts. Of this |
---|
4993 | | - | 145.8amount, $100,000 the first year and $100,000 |
---|
4994 | | - | 145.9the second year are to continue work with |
---|
4995 | | - | 145.10Clean Air Minnesota, and the commissioner |
---|
4996 | | - | 145.11may enter into an agreement with |
---|
4997 | | - | 145.12Environmental Initiative to support this effort. |
---|
4998 | | - | 145.13(d) $18,450,000 the first year and $18,450,000 |
---|
4999 | | - | 145.14the second year are from the environmental |
---|
5000 | | - | 145.15fund for SCORE block grants to counties. |
---|
5001 | | - | 145.16(e) $119,000 the first year and $119,000 the |
---|
5002 | | - | 145.17second year are from the environmental fund |
---|
5003 | | - | 145.18for environmental assistance grants or loans |
---|
5004 | | - | 145.19under Minnesota Statutes, section 115A.0716. |
---|
5005 | | - | 145.20(f) $400,000 the first year and $400,000 the |
---|
5006 | | - | 145.21second year are from the environmental fund |
---|
5007 | | - | 145.22for grants to develop and expand recycling |
---|
5008 | | - | 145.23markets for Minnesota businesses. This |
---|
5009 | | - | 145.24appropriation is available until June 30, 2027. |
---|
5010 | | - | 145.25(g) $767,000 the first year and $770,000 the |
---|
5011 | | - | 145.26second year are from the environmental fund |
---|
5012 | | - | 145.27for reducing and diverting food waste, |
---|
5013 | | - | 145.28redirecting edible food for consumption, and |
---|
5014 | | - | 145.29removing barriers to collecting and recovering |
---|
5015 | | - | 145.30organic waste. Of this amount, $500,000 each |
---|
5016 | | - | 145.31year is for grants to increase food rescue and |
---|
5017 | | - | 145.32waste prevention. This appropriation is |
---|
5018 | | - | 145.33available until June 30, 2027. |
---|
5019 | | - | 145Article 4 Sec. 45. |
---|
5020 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 146.1(h) $2,797,000 the first year and $2,811,000 |
---|
5021 | | - | 146.2the second year are from the environmental |
---|
5022 | | - | 146.3fund for the purposes of Minnesota Statutes, |
---|
5023 | | - | 146.4section 473.844. |
---|
5024 | | - | 146.5(i) $318,000 the first year and $324,000 the |
---|
5025 | | - | 146.6second year are from the environmental fund |
---|
5026 | | - | 146.7to address chemicals in products, including to |
---|
5027 | | - | 146.8implement and enforce flame retardant |
---|
5028 | | - | 146.9provisions under Minnesota Statutes, section |
---|
5029 | | - | 146.10325F.071, and perfluoroalkyl and |
---|
5030 | | - | 146.11polyfluoroalkyl substances in food packaging |
---|
5031 | | - | 146.12provisions under Minnesota Statutes, section |
---|
5032 | | - | 146.13325F.075. Of this amount, $78,000 the first |
---|
5033 | | - | 146.14year and $80,000 the second year are |
---|
5034 | | - | 146.15transferred to the commissioner of health. |
---|
5035 | | - | 146.16(j) $180,000 the first year and $140,000 the |
---|
5036 | | - | 146.17second year are for quantifying climate-related |
---|
5037 | | - | 146.18impacts from projects for environmental |
---|
5038 | | - | 146.19review. This is a onetime appropriation. This |
---|
5039 | | - | 146.20appropriation is available until June 30, 2026. |
---|
5040 | | - | 146.21(k) $1,790,000 the first year and $70,000 the |
---|
5041 | | - | 146.22second year are for accelerating pollution |
---|
5042 | | - | 146.23prevention at small businesses. Of this amount, |
---|
5043 | | - | 146.24$1,720,000 the first year is for transfer to the |
---|
5044 | | - | 146.25environmental fund for zero-interest loans |
---|
5045 | | - | 146.26under Minnesota Statutes, section 116.993, to |
---|
5046 | | - | 146.27phase out high-polluting equipment, products, |
---|
5047 | | - | 146.28and processes and replace with new options. |
---|
5048 | | - | 146.29This appropriation is available until June 30, |
---|
5049 | | - | 146.302027. This is a onetime appropriation. |
---|
5050 | | - | 146.31(l) $190,000 the first year and $190,000 the |
---|
5051 | | - | 146.32second year are to support the Greenstep Cities |
---|
5052 | | - | 146.33program. This is a onetime appropriation. This |
---|
5053 | | - | 146.34appropriation is available until June 30, 2026. |
---|
5054 | | - | 146Article 4 Sec. 45. |
---|
5055 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 147.1(m) $420,000 the first year is to complete a |
---|
5056 | | - | 147.2study on the viability of recycling solar energy |
---|
5057 | | - | 147.3equipment. This is a onetime appropriation |
---|
5058 | | - | 147.4and is available until June 30, 2026. |
---|
5059 | | - | 147.5(n) $650,000 the first year and $650,000 the |
---|
5060 | | - | 147.6second year are from the environmental fund |
---|
5061 | | - | 147.7for Minnesota GreenCorps investment. |
---|
5062 | | - | 147.8(o) $4,210,000 the first year and $210,000 the |
---|
5063 | | - | 147.9second year are for PFAS reduction grants. |
---|
5064 | | - | 147.10Of this amount, $4,000,000 the first year is |
---|
5065 | | - | 147.11for grants to industry and public entities to |
---|
5066 | | - | 147.12identify sources of PFAS entering facilities |
---|
5067 | | - | 147.13and to develop pollution prevention and |
---|
5068 | | - | 147.14reduction initiatives to reduce PFAS entering |
---|
5069 | | - | 147.15facilities, prevent releases, and monitor the |
---|
5070 | | - | 147.16effectiveness of these projects. Priority must |
---|
5071 | | - | 147.17be given to projects in underserved |
---|
5072 | | - | 147.18communities. This is a onetime appropriation |
---|
5073 | | - | 147.19and is available until June 30, 2027. |
---|
5074 | | - | 147.20(p) $12,940,000 the first year and $12,940,000 |
---|
5075 | | - | 147.21the second year are for a waste prevention and |
---|
5076 | | - | 147.22reduction grants and loan program. This is a |
---|
5077 | | - | 147.23onetime appropriation and is available until |
---|
5078 | | - | 147.24June 30, 2027. Of this amount in the first year, |
---|
5079 | | - | 147.25$7,950,000 is for waste prevention and |
---|
5080 | | - | 147.26reduction grants and loans and $3,000,000 is |
---|
5081 | | - | 147.27for a grant to the owner of a biomass energy |
---|
5082 | | - | 147.28generation plant in Shakopee that uses waste |
---|
5083 | | - | 147.29heat from the generation of electricity in the |
---|
5084 | | - | 147.30malting process to purchase a wood dehydrator |
---|
5085 | | - | 147.31to facilitate disposal of wood that is infested |
---|
5086 | | - | 147.32by the emerald ash borer. Of this amount in |
---|
5087 | | - | 147.33the second year, $10,950,000 is for waste |
---|
5088 | | - | 147.34prevention and reduction grants and loans, |
---|
5089 | | - | 147.35including $1,000,000 for transfer to the |
---|
5090 | | - | 147Article 4 Sec. 45. |
---|
5091 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 148.1environmental fund for the purposes of |
---|
5092 | | - | 148.2Minnesota Statutes, section 115A.0716. By |
---|
5093 | | - | 148.3October 1, 2024, the commissioner of the |
---|
5094 | | - | 148.4Pollution Control Agency must report to the |
---|
5095 | | - | 148.5chairs and ranking minority members of the |
---|
5096 | | - | 148.6legislative committees and divisions with |
---|
5097 | | - | 148.7jurisdiction over environment and natural |
---|
5098 | | - | 148.8resources on the use of money appropriated |
---|
5099 | | - | 148.9for the wood dehydrator under this paragraph. |
---|
5100 | | - | 148.10(q) $16,562,000 the first year is for grants to |
---|
5101 | | - | 148.11a Minnesota nonprofit corporation that owns |
---|
5102 | | - | 148.12a cogeneration facility that serves a St. Paul |
---|
5103 | | - | 148.13district heating and cooling system to preserve |
---|
5104 | | - | 148.14existing biomass energy infrastructure for |
---|
5105 | | - | 148.15purposes of local and regional emerald ash |
---|
5106 | | - | 148.16borer response efforts. The commissioner of |
---|
5107 | | - | 148.17the Pollution Control Agency may require the |
---|
5108 | | - | 148.18nonprofit corporation to charge a fee per ton |
---|
5109 | | - | 148.19of wood waste delivered to the facility. This |
---|
5110 | | - | 148.20is a onetime appropriation and is available |
---|
5111 | | - | 148.21until June 30, 2030. |
---|
5112 | | - | 148.22(r) $1,163,000 the first year and $1,115,000 |
---|
5113 | | - | 148.23the second year are from the environmental |
---|
5114 | | - | 148.24fund for rulemaking and implementation of |
---|
5115 | | - | 148.25the new PFAS requirements under Minnesota |
---|
5116 | | - | 148.26Statutes, section 116.943. Of this amount, |
---|
5117 | | - | 148.27$312,000 the first year and $468,000 the |
---|
5118 | | - | 148.28second year are for transfer to the |
---|
5119 | | - | 148.29commissioner of health. |
---|
5120 | | - | 148.30(s) $680,000 the first year is for the resource |
---|
5121 | | - | 148.31management report required in this act. This |
---|
5122 | | - | 148.32is a onetime appropriation and is available |
---|
5123 | | - | 148.33until June 30, 2026. |
---|
5124 | | - | 148.34(t) $35,000 the second year is from the |
---|
5125 | | - | 148.35environmental fund for the compostable |
---|
5126 | | - | 148Article 4 Sec. 45. |
---|
5127 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 149.1labeling requirements under Minnesota |
---|
5128 | | - | 149.2Statutes, section 325E.046. The base for this |
---|
5129 | | - | 149.3appropriation in fiscal year 2026 and beyond |
---|
5130 | | - | 149.4is $68,000 from the environmental fund. |
---|
5131 | | - | 149.5(u) $175,000 the first year is for the |
---|
5132 | | - | 149.6rulemaking required under this act providing |
---|
5133 | | - | 149.7for the safe and lawful disposal of waste |
---|
5134 | | - | 149.8treated seed. This appropriation is available |
---|
5135 | | - | 149.9until June 30, 2025. |
---|
5136 | | - | 149.10(v) $1,000,000 the first year is for a lead tackle |
---|
5137 | | - | 149.11reduction program that provides outreach, |
---|
5138 | | - | 149.12education, and opportunities to safely dispose |
---|
5139 | | - | 149.13of and exchange lead tackle throughout the |
---|
5140 | | - | 149.14state. This is a onetime appropriation and is |
---|
5141 | | - | 149.15available until June 30, 2027. |
---|
5142 | | - | 149.16(w) $17,000 the first year is for rulemaking |
---|
5143 | | - | 149.17for the capital assistance program. This is a |
---|
5144 | | - | 149.18onetime appropriation. |
---|
5145 | | - | 149.19(x) Any unencumbered grant and loan |
---|
5146 | | - | 149.20balances in the first year do not cancel but are |
---|
5147 | | - | 149.21available for grants and loans in the second |
---|
5148 | | - | 149.22year. Notwithstanding Minnesota Statutes, |
---|
5149 | | - | 149.23section 16A.28, the appropriations |
---|
5150 | | - | 149.24encumbered on or before June 30, 2025, as |
---|
5151 | | - | 149.25contracts or grants for environmental |
---|
5152 | | - | 149.26assistance awarded under Minnesota Statutes, |
---|
5153 | | - | 149.27section 115A.0716; technical and research |
---|
5154 | | - | 149.28assistance under Minnesota Statutes, section |
---|
5155 | | - | 149.29115A.152; technical assistance under |
---|
5156 | | - | 149.30Minnesota Statutes, section 115A.52; and |
---|
5157 | | - | 149.31pollution prevention assistance under |
---|
5158 | | - | 149.32Minnesota Statutes, section 115D.04, are |
---|
5159 | | - | 149.33available until June 30, 2027. |
---|
5160 | | - | 149.34 EFFECTIVE DATE.This section is effective retroactively from July 1, 2023. |
---|
5161 | | - | 149Article 4 Sec. 45. |
---|
5162 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 150.1Sec. 46. Laws 2023, chapter 60, article 1, section 3, subdivision 6, is amended to read: |
---|
5163 | | - | 96,963,000111,125,000150.2Subd. 6.Fish and Wildlife Management |
---|
5164 | | - | 150.3 Appropriations by Fund |
---|
5165 | | - | 2025150.4 2024 |
---|
5166 | | - | 9,888,00023,643,000150.5General |
---|
5167 | | - | 2,082,0002,082,000150.6Natural Resources |
---|
5168 | | - | 84,993,00085,400,000150.7Game and Fish |
---|
5169 | | - | 150.8(a) $11,158,000 the first year and $11,158,000 |
---|
5170 | | - | 150.9the second year are from the heritage |
---|
5171 | | - | 150.10enhancement account in the game and fish |
---|
5172 | | - | 150.11fund only for activities specified under |
---|
5173 | | - | 150.12Minnesota Statutes, section 297A.94, |
---|
5174 | | - | 150.13paragraph (h), clause (1). Notwithstanding |
---|
5175 | | - | 150.14Minnesota Statutes, section 297A.94, five |
---|
5176 | | - | 150.15percent of this appropriation may be used for |
---|
5177 | | - | 150.16expanding hunter and angler recruitment and |
---|
5178 | | - | 150.17retention. |
---|
5179 | | - | 150.18(b) $982,000 the first year and $982,000 the |
---|
5180 | | - | 150.19second year are from the general fund and |
---|
5181 | | - | 150.20$1,675,000 the first year and $1,675,000 the |
---|
5182 | | - | 150.21second year are from the game and fish fund |
---|
5183 | | - | 150.22for statewide response and management of |
---|
5184 | | - | 150.23chronic wasting disease. The commissioner |
---|
5185 | | - | 150.24and the Board of Animal Health must each |
---|
5186 | | - | 150.25submit annual reports on chronic wasting |
---|
5187 | | - | 150.26disease activities funded in this biennium to |
---|
5188 | | - | 150.27the chairs and ranking minority members of |
---|
5189 | | - | 150.28the legislative committees and divisions with |
---|
5190 | | - | 150.29jurisdiction over environment and natural |
---|
5191 | | - | 150.30resources and agriculture. The general fund |
---|
5192 | | - | 150.31base for this appropriation in fiscal year 2026 |
---|
5193 | | - | 150.32and beyond is $282,000. |
---|
5194 | | - | 150.33(c) $5,150,000 the first year and $3,250,000 |
---|
5195 | | - | 150.34the second year are for inspections, |
---|
5196 | | - | 150.35investigations, and enforcement activities |
---|
5197 | | - | 150Article 4 Sec. 46. |
---|
5198 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 151.1taken for the white-tailed deer farm program |
---|
5199 | | - | 151.2and for statewide response and management |
---|
5200 | | - | 151.3of chronic wasting disease. This appropriation |
---|
5201 | | - | 151.4is available until June 30, 2029. |
---|
5202 | | - | 151.5(d) $8,546,000 the first year and $8,546,000 |
---|
5203 | | - | 151.6the second year are from the deer management |
---|
5204 | | - | 151.7account for the purposes identified in |
---|
5205 | | - | 151.8Minnesota Statutes, section 97A.075, |
---|
5206 | | - | 151.9subdivision 1. |
---|
5207 | | - | 151.10(e) $268,000 the first year and $268,000 the |
---|
5208 | | - | 151.11second year are for increased capacity for |
---|
5209 | | - | 151.12broadband utility licensing for state lands and |
---|
5210 | | - | 151.13public waters. This is a onetime appropriation |
---|
5211 | | - | 151.14and is available until June 30, 2028. |
---|
5212 | | - | 151.15(f) $10,000,000 the first year is for enhancing |
---|
5213 | | - | 151.16prairies and grasslands and restoring wetlands |
---|
5214 | | - | 151.17on state-owned wildlife management areas to |
---|
5215 | | - | 151.18sequester more carbon and enhance climate |
---|
5216 | | - | 151.19resiliency. This is a onetime appropriation and |
---|
5217 | | - | 151.20is available until June 30, 2027. |
---|
5218 | | - | 151.21(g) $500,000 the first year and $500,000 the |
---|
5219 | | - | 151.22second year are from the general fund and |
---|
5220 | | - | 151.23$500,000 the first year and $500,000 the |
---|
5221 | | - | 151.24second year are from the heritage enhancement |
---|
5222 | | - | 151.25account in the game and fish fund for grants |
---|
5223 | | - | 151.26for natural-resource-based education and |
---|
5224 | | - | 151.27recreation programs serving youth under |
---|
5225 | | - | 151.28Minnesota Statutes, section 84.976, and for |
---|
5226 | | - | 151.29grant administration. Priority must be given |
---|
5227 | | - | 151.30to projects benefiting underserved |
---|
5228 | | - | 151.31communities. The base for this appropriation |
---|
5229 | | - | 151.32in fiscal year 2026 and beyond is $500,000 |
---|
5230 | | - | 151.33from the heritage enhancement account in the |
---|
5231 | | - | 151.34game and fish fund. The general fund |
---|
5232 | | - | 151.35appropriation is onetime. |
---|
5233 | | - | 151Article 4 Sec. 46. |
---|
5234 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 152.1(h) $2,300,000 the first year is for a grant to |
---|
5235 | | - | 152.2the Fond du Lac Band of Lake Superior |
---|
5236 | | - | 152.3Chippewa to expand Minnesota's wild elk |
---|
5237 | | - | 152.4population and range. Consideration must be |
---|
5238 | | - | 152.5given to moving elk from existing herds in |
---|
5239 | | - | 152.6northwest Minnesota to the area of the Fond |
---|
5240 | | - | 152.7du Lac State Forest and the Fond du Lac |
---|
5241 | | - | 152.8Reservation in Carlton and southern St. Louis |
---|
5242 | | - | 152.9Counties. The Fond du Lac Band of Lake |
---|
5243 | | - | 152.10Superior Chippewa's elk reintroduction efforts |
---|
5244 | | - | 152.11must undergo thorough planning with the |
---|
5245 | | - | 152.12Department of Natural Resources to develop |
---|
5246 | | - | 152.13necessary capture and handling protocols, |
---|
5247 | | - | 152.14including protocols related to cervid disease |
---|
5248 | | - | 152.15management, and to produce postrelease state |
---|
5249 | | - | 152.16and Tribal elk comanagement plans. Of this |
---|
5250 | | - | 152.17amount, $300,000 is for the department for |
---|
5251 | | - | 152.18the purposes of this paragraph. This is a |
---|
5252 | | - | 152.19onetime appropriation and is available until |
---|
5253 | | - | 152.20June 30, 2026. |
---|
5254 | | - | 152.21(i) $767,000 the first year is from the heritage |
---|
5255 | | - | 152.22enhancement account in the game and fish |
---|
5256 | | - | 152.23fund to examine the effects of neonicotinoid |
---|
5257 | | - | 152.24exposure on the reproduction and survival of |
---|
5258 | | - | 152.25Minnesota's game species, including deer and |
---|
5259 | | - | 152.26prairie chicken. This is a onetime |
---|
5260 | | - | 152.27appropriation and is available until June 30, |
---|
5261 | | - | 152.282027. |
---|
5262 | | - | 152.29(j) $134,000 the first year and $134,000 the |
---|
5263 | | - | 152.30second year are from the heritage enhancement |
---|
5264 | | - | 152.31account in the game and fish fund for native |
---|
5265 | | - | 152.32fish conservation and classification. |
---|
5266 | | - | 152.33(k) $82,000 the first year is for the native fish |
---|
5267 | | - | 152.34reports required under this act. This is a |
---|
5268 | | - | 152.35onetime appropriation. |
---|
5269 | | - | 152Article 4 Sec. 46. |
---|
5270 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 153.1(l) $65,000 the first year is for preparing the |
---|
5271 | | - | 153.2report on feral pigs and mink required under |
---|
5272 | | - | 153.3this act and holding at least one public meeting |
---|
5273 | | - | 153.4on the topic. |
---|
5274 | | - | 153.5(m) Up to $5,750,000 the first year and up to |
---|
5275 | | - | 153.6$2,225,000 the second year are available for |
---|
5276 | | - | 153.7transfer from the critical habitat private sector |
---|
5277 | | - | 153.8matching account to the reinvest in Minnesota |
---|
5278 | | - | 153.9fund for wildlife management areas |
---|
5279 | | - | 153.10acquisition, restoration, and enhancement |
---|
5280 | | - | 153.11according to Minnesota Statutes, section |
---|
5281 | | - | 153.1284.943, subdivision 5b. |
---|
5282 | | - | 153.13(n) Notwithstanding Minnesota Statutes, |
---|
5283 | | - | 153.14section 297A.94, $300,000 the first year and |
---|
5284 | | - | 153.15$300,000 the second year are from the heritage |
---|
5285 | | - | 153.16enhancement account in the game and fish |
---|
5286 | | - | 153.17fund for shooting sports facility grants under |
---|
5287 | | - | 153.18Minnesota Statutes, section 87A.10, including |
---|
5288 | | - | 153.19grants for archery facilities. Grants must be |
---|
5289 | | - | 153.20matched with a nonstate match, which may |
---|
5290 | | - | 153.21include in-kind contributions. This is a |
---|
5291 | | - | 153.22onetime appropriation and is available until |
---|
5292 | | - | 153.23June 30, 2026 2028. This appropriation must |
---|
5293 | | - | 153.24be allocated as follows: |
---|
5294 | | - | 153.25(1) $200,000 each fiscal year is for grants of |
---|
5295 | | - | 153.26$25,000 or less; and |
---|
5296 | | - | 153.27(2) $100,000 each fiscal year is for grants in |
---|
5297 | | - | 153.28excess of $25,000. |
---|
5298 | | - | 153.29(o) $75,000 the first year is from the heritage |
---|
5299 | | - | 153.30enhancement account in the game and fish |
---|
5300 | | - | 153.31fund for enhanced fish stocking of white bass |
---|
5301 | | - | 153.32and crappies in lakes in the metropolitan area |
---|
5302 | | - | 153.33that have pier and shore fishing opportunities |
---|
5303 | | - | 153.34where communities are currently underserved. |
---|
5304 | | - | 153Article 4 Sec. 46. |
---|
5305 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 154.1(p) $1,633,000 the first year is for a grant to |
---|
5306 | | - | 154.2the Board of Regents of the University of |
---|
5307 | | - | 154.3Minnesota for chronic wasting disease |
---|
5308 | | - | 154.4contingency plans developed by the Center |
---|
5309 | | - | 154.5for Infectious Disease Research and Policy. |
---|
5310 | | - | 154.6This is a onetime appropriation. |
---|
5311 | | - | 154.7(q) $900,000 the first year is to create new or |
---|
5312 | | - | 154.8expand existing outreach and education |
---|
5313 | | - | 154.9programs for non-native English-speaking |
---|
5314 | | - | 154.10communities. Of this amount, $250,000 is for |
---|
5315 | | - | 154.11the commissioner of the Pollution Control |
---|
5316 | | - | 154.12Agency and $250,000 is for the Board of |
---|
5317 | | - | 154.13Water and Soil Resources for this purpose. Up |
---|
5318 | | - | 154.14to $400,000 may be used to expand the |
---|
5319 | | - | 154.15Fishing in the Neighborhood program for |
---|
5320 | | - | 154.16outreach to new and underserved audiences. |
---|
5321 | | - | 154.17This appropriation may be used for community |
---|
5322 | | - | 154.18outreach consultants for reaching new |
---|
5323 | | - | 154.19audiences. This is a onetime appropriation and |
---|
5324 | | - | 154.20is available until June 30, 2027. |
---|
5325 | | - | 154.21 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
5326 | | - | 154.22Sec. 47. MINNESOTA SUSTAINABLE FORAGING TASK FORCE. |
---|
5327 | | - | 154.23 Subdivision 1.Membership.(a) The task force shall consist of the following members: |
---|
5328 | | - | 154.24 (1) two members of the senate, one appointed by the majority leader of the senate and |
---|
5329 | | - | 154.25one appointed by the minority leader of the senate; |
---|
5330 | | - | 154.26 (2) two members of the house of representatives, one appointed by the speaker of the |
---|
5331 | | - | 154.27house of representatives and one appointed by the minority leader of the house of |
---|
5332 | | - | 154.28representatives; |
---|
5333 | | - | 154.29 (3) two members appointed by the Minnesota Mycological Society, of which one member |
---|
5334 | | - | 154.30must be an owner of a small business; |
---|
5335 | | - | 154.31 (4) two members appointed by the Minnesota Foraging Alliance, of which one member |
---|
5336 | | - | 154.32must be from an underrepresented cultural group; |
---|
5337 | | - | 154Article 4 Sec. 47. |
---|
5338 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 155.1 (5) two scientists with expertise in botany, ecology, and environmental science appointed |
---|
5339 | | - | 155.2by the Board of Regents of the University of Minnesota; |
---|
5340 | | - | 155.3 (6) three representatives of the Department of Natural Resources involved with managing |
---|
5341 | | - | 155.4state parks, forestry, fish and wildlife, and public lands appointed by the commissioner of |
---|
5342 | | - | 155.5natural resources; |
---|
5343 | | - | 155.6 (7) one member of the Minnesota Ojibwe Tribe appointed by the Minnesota Indian |
---|
5344 | | - | 155.7Affairs Council; |
---|
5345 | | - | 155.8 (8) one member of the Minnesota Dakota Tribe appointed by the Minnesota Indian |
---|
5346 | | - | 155.9Affairs Council; and |
---|
5347 | | - | 155.10 (9) two representatives with expertise on local ecosystems, species recovery, and |
---|
5348 | | - | 155.11sustainable harvesting appointed by the Board of Regents of the University of Minnesota |
---|
5349 | | - | 155.12Extension. |
---|
5350 | | - | 155.13 (b) A member appointed under paragraph (a) may not be a registered lobbyist. |
---|
5351 | | - | 155.14 (c) The appointing authorities must make the appointments by August 1, 2025. |
---|
5352 | | - | 155.15 Subd. 2.Duties.The task force must: |
---|
5353 | | - | 155.16 (1) gather and review data and information, including traditional ecological knowledge, |
---|
5354 | | - | 155.17on the impact of foraging on species resilience, ecosystem health, and other aspects of |
---|
5355 | | - | 155.18Minnesota's diverse biomes; |
---|
5356 | | - | 155.19 (2) review existing regulations governing foraging activities on state lands; |
---|
5357 | | - | 155.20 (3) develop recommendations for science-based, including traditional ecological |
---|
5358 | | - | 155.21knowledge, foraging guidelines for state lands that balance public access with conservation |
---|
5359 | | - | 155.22needs, setting limits on foraging activities only where supported by data. The |
---|
5360 | | - | 155.23recommendations must be in the form of draft statutory or rule language and must be |
---|
5361 | | - | 155.24consistent with Indigenous and other cultural practices and traditions; |
---|
5362 | | - | 155.25 (4) develop recommendations for increasing public understanding of sustainable foraging |
---|
5363 | | - | 155.26practices that include safety and ecological considerations; |
---|
5364 | | - | 155.27 (5) solicit public input, when appropriate; and |
---|
5365 | | - | 155.28 (6) develop recommendations for reduced-priced foraging permits. |
---|
5366 | | - | 155.29 Subd. 3.Administrative support; meetings.(a) The Legislative Coordinating |
---|
5367 | | - | 155.30Commission must provide administrative support and convene the first meeting by September |
---|
5368 | | - | 155.311, 2025. |
---|
5369 | | - | 155Article 4 Sec. 47. |
---|
5370 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 156.1 (b) The commissioner of natural resources must provide subject matter resources and |
---|
5371 | | - | 156.2expertise, including information on the management of, and flora and fauna on, state lands, |
---|
5372 | | - | 156.3as requested by the task force. |
---|
5373 | | - | 156.4 (c) The task force must meet at regular intervals as often as necessary to accomplish the |
---|
5374 | | - | 156.5goals enumerated under subdivision 2. Meetings of the task force are subject to the Minnesota |
---|
5375 | | - | 156.6Open Meeting Law under Minnesota Statutes, chapter 13D. |
---|
5376 | | - | 156.7 Subd. 4.Chair.The task force must elect a chair at its first meeting from among the |
---|
5377 | | - | 156.8legislative members. |
---|
5378 | | - | 156.9 Subd. 5.Legislative recommendations; expiration.By February 28, 2026, the task |
---|
5379 | | - | 156.10force must submit a written report containing its findings and recommendations to the |
---|
5380 | | - | 156.11commissioner of natural resources and to the chairs and ranking minority members of the |
---|
5381 | | - | 156.12legislative committees with primary jurisdiction over natural resources policy. The |
---|
5382 | | - | 156.13recommendations in the report must be specific and actionable. The report must detail the |
---|
5383 | | - | 156.14proposals for changes or additions to statute or rules to effectuate the task force's |
---|
5384 | | - | 156.15recommendations. The task force expires March 15, 2026, or upon submission of the report |
---|
5385 | | - | 156.16required by this subdivision, whichever occurs later. |
---|
5386 | | - | 156.17 Subd. 6.Compensation; expense reimbursement.Members of the task force appointed |
---|
5387 | | - | 156.18under subdivision 1, paragraph (a), clauses (1) and (2), may receive per diem and |
---|
5388 | | - | 156.19reimbursement for expenses as provided in the rules of their respective bodies. Other |
---|
5389 | | - | 156.20members of the task force may be compensated and have expenses reimbursed as provided |
---|
5390 | | - | 156.21in Minnesota Statutes, section 15.059, subdivision 3. |
---|
5391 | | - | 156.22Sec. 48. MORATORIUM ON FORAGING RULES. |
---|
5392 | | - | 156.23 The commissioner of natural resources shall not commence or complete any rulemaking |
---|
5393 | | - | 156.24on foraging before July 1, 2027. |
---|
5394 | | - | 156.25Sec. 49. EXTENSION OF CERTAIN TIMBER PERMITS. |
---|
5395 | | - | 156.26 If the holder of a timber permit that expires in 2025 has been unable to cut and remove |
---|
5396 | | - | 156.27some or all of the timber described in the permit, then, notwithstanding any provisions to |
---|
5397 | | - | 156.28the contrary in Minnesota Statutes, chapter 90, the commissioner of natural resources must |
---|
5398 | | - | 156.29grant an extension of the permit for two years without penalty or interest upon written |
---|
5399 | | - | 156.30request to the commissioner by the holder of the permit. |
---|
5400 | | - | 156.31 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
5401 | | - | 156Article 4 Sec. 49. |
---|
5402 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 157.1Sec. 50. AUDIT OF AGGREGATE TAX AND THE USE OF THE REVENUES |
---|
5403 | | - | 157.2COLLECTED BY COUNTIES. |
---|
5404 | | - | 157.3 The Office of the Legislative Auditor is directed to conduct a program audit of the |
---|
5405 | | - | 157.4aggregate production tax established by Minnesota Statutes, section 298.75, to include the |
---|
5406 | | - | 157.5following by individual participating county and covering all fiscal years since the county |
---|
5407 | | - | 157.6established the tax: |
---|
5408 | | - | 157.7 (1) a report on total revenues collected by fiscal year; |
---|
5409 | | - | 157.8 (2) a report on how revenues are distributed between maintenance, construction, and |
---|
5410 | | - | 157.9reconstruction of roads, highways, and bridges; |
---|
5411 | | - | 157.10 (3) a report as to the funding priority given to roads, highways, and bridges that service |
---|
5412 | | - | 157.11or are impacted by aggregate operations; |
---|
5413 | | - | 157.12 (4) a report as to whether the county distributes aggregate tax revenues on a project or |
---|
5414 | | - | 157.13formula basis; |
---|
5415 | | - | 157.14 (5) a report as to distribution and expenditure of funds for aggregate mine reclamation |
---|
5416 | | - | 157.15activities; and |
---|
5417 | | - | 157.16 (6) a report on how tax revenue deposited in the special reserve fund established in |
---|
5418 | | - | 157.17Minnesota Statutes, section 298.75, subdivision 7, paragraph (c), clause (3), has been |
---|
5419 | | - | 157.18expended since each county began collecting the tax. |
---|
5420 | | - | 157.19Sec. 51. RECOMMENDA TIONS FOR LOCAL GOVERNMENT PERMITTING |
---|
5421 | | - | 157.20CHANGES TO PROTECT AGGREGATE RESOURCES. |
---|
5422 | | - | 157.21 By February 1, 2027, the commissioner of natural resources, in consultation with the |
---|
5423 | | - | 157.22Minnesota Asphalt Paving Association, the Aggregate and Ready Mix Association of |
---|
5424 | | - | 157.23Minnesota, the Association of Minnesota Counties, and other interested stakeholders, must |
---|
5425 | | - | 157.24make recommendations to the chairs and ranking minority members of the legislative |
---|
5426 | | - | 157.25committees with primary jurisdiction over environment and local government for statutory |
---|
5427 | | - | 157.26changes that would facilitate local government permitting processes that adequately protect |
---|
5428 | | - | 157.27the state's aggregate resources and foster environmentally responsible reclamation of former |
---|
5429 | | - | 157.28aggregate mining sites. |
---|
5430 | | - | 157.29Sec. 52. REPEALER. |
---|
5431 | | - | 157.30 Minnesota Statutes 2024, sections 103E.067; 116C.04, subdivision 11; 116C.991; and |
---|
5432 | | - | 157.31116D.04, subdivision 5b, are repealed. |
---|
5433 | | - | 157Article 4 Sec. 52. |
---|
5434 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 158.1 ARTICLE 5 |
---|
5435 | | - | 158.2 STATE LANDS |
---|
5436 | | - | 158.3Section 1. ADDITION TO STATE PARK. |
---|
5437 | | - | 158.4 [85.012] [Subd. 11] Carley State Park, Wabasha County. The following area is added |
---|
5438 | | - | 158.5to Carley State Park: That part of Section 32, Township 108 North, Range 11 West, Wabasha |
---|
5439 | | - | 158.6County, Minnesota, described as follows: Beginning at the South Quarter corner stake of |
---|
5440 | | - | 158.7said Section 32; thence North 15-1/2 degrees East along road 425 feet; thence North 17 |
---|
5441 | | - | 158.8degrees East 290 feet; thence North 53 degrees East 280 feet; thence North 17 degrees East |
---|
5442 | | - | 158.9115 feet; thence North 6-1/2 degrees West 643 feet; thence North 72-1/2 degrees West 720 |
---|
5443 | | - | 158.10feet; thence North across river 690 feet; thence South 62 degrees East 263 feet along northerly |
---|
5444 | | - | 158.11bank of river; thence North 250 feet to center of said Section 32; thence East 1,320 feet; |
---|
5445 | | - | 158.12thence North 440 feet to river; thence North 54-1/2 degrees East 224 feet along center of |
---|
5446 | | - | 158.13river; thence North 75 degrees East 192 feet; thence South 49 degrees East 115 feet; thence |
---|
5447 | | - | 158.14North 79 degrees East 155 feet; thence North 62 degrees East 232 feet; thence North 86 |
---|
5448 | | - | 158.15degrees East 293 feet; thence North 64 degrees East 255 feet; thence South 3,368 feet, more |
---|
5449 | | - | 158.16or less to the southeast corner of Section 32; thence West 2,643.13 feet to the place of |
---|
5450 | | - | 158.17beginning. |
---|
5451 | | - | 158.18 EXCEPTING therefrom that portion lying West of the centerline of Wabasha County |
---|
5452 | | - | 158.19Road No. 4 owned by the State of Minnesota and A. M. Christenson. |
---|
5453 | | - | 158.20 ALSO EXCEPTING that part of the East Half of Section 32, Township 108 North, |
---|
5454 | | - | 158.21Range 11 West, Wabasha County, Minnesota, described as follows: Beginning at the South |
---|
5455 | | - | 158.22Quarter corner stake of said Section 32; thence North 15-1/2 degrees East along road 425 |
---|
5456 | | - | 158.23feet; thence North 17 degrees East 290 feet; thence North 53 degrees East 280 feet; thence |
---|
5457 | | - | 158.24South 80 degrees 02 minutes 23 seconds East 304.46 feet; thence North 6 degrees 12 minutes |
---|
5458 | | - | 158.2549 seconds West 483.31 feet; thence South 89 degrees 54 minutes 25 seconds East 386.31 |
---|
5459 | | - | 158.26feet; thence North 1 degree 39 minutes 32 seconds East 358.66 feet; thence North 36 degrees |
---|
5460 | | - | 158.2714 minutes 35 seconds East 693.46 feet; thence North 81 degrees 03 minutes 15 seconds |
---|
5461 | | - | 158.28East 349.81 feet; thence North 1 degree 49 minutes 43 seconds West 298.16 feet; thence |
---|
5462 | | - | 158.29North 79 degrees 04 minutes 47 seconds East 529.39 feet; thence South 35 degrees 46 |
---|
5463 | | - | 158.30minutes 01 seconds East to the east line of the Southeast Quarter of Section 32; thence |
---|
5464 | | - | 158.31southerly along the east line of said Southeast Quarter to the southeast corner of said |
---|
5465 | | - | 158.32Southeast Quarter of Section 32; thence on a bearing of West along the south line of said |
---|
5466 | | - | 158.33Southeast Quarter 2,643.13 feet to the point of beginning. |
---|
5467 | | - | 158.34 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
5468 | | - | 158Article 5 Section 1. |
---|
5469 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 159.1Sec. 2. PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN COUNTY. |
---|
5470 | | - | 159.2 (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or |
---|
5471 | | - | 159.3other law to the contrary, Aitkin County may sell by private sale the tax-forfeited land |
---|
5472 | | - | 159.4described in paragraph (c). |
---|
5473 | | - | 159.5 (b) The conveyance must be in a form approved by the attorney general. The attorney |
---|
5474 | | - | 159.6general may make changes to the land description to correct errors and ensure accuracy. |
---|
5475 | | - | 159.7 (c) The land to be sold is located in Aitkin County and is described as: the West 20 feet |
---|
5476 | | - | 159.8of the East 932 feet of the South 208 feet of the Southeast Quarter of the Southeast Quarter, |
---|
5477 | | - | 159.9as in DOC 203542, Section 32, Township 46 North, Range 25 West (0.1 acres) (parcel |
---|
5478 | | - | 159.10number 09-0-054803). |
---|
5479 | | - | 159.11 (d) The county has determined that the county's land management interests would best |
---|
5480 | | - | 159.12be served if the lands were returned to private ownership. |
---|
5481 | | - | 159.13Sec. 3. PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN COUNTY. |
---|
5482 | | - | 159.14 (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or |
---|
5483 | | - | 159.15other law to the contrary, Aitkin County may sell by private sale the tax-forfeited lands |
---|
5484 | | - | 159.16described in paragraph (c). |
---|
5485 | | - | 159.17 (b) The conveyance must be in a form approved by the attorney general. The attorney |
---|
5486 | | - | 159.18general may make changes to the land description to correct errors and ensure accuracy. |
---|
5487 | | - | 159.19 (c) The land to be sold is located in Aitkin County and is described as: the East 32 feet |
---|
5488 | | - | 159.20of the West 250 feet of Lot 5 and the East 32 feet of the West 250 feet of the North 10 feet |
---|
5489 | | - | 159.21of Lot 3, Hill City Realty Cos Fourth Addition, Section 14, Township 52 North, Range 26 |
---|
5490 | | - | 159.22West, Aitkin County, Minnesota (0.1 acres) (parcel number 57-1-073003). |
---|
5491 | | - | 159.23 (d) The county has determined that the county's land management interests would best |
---|
5492 | | - | 159.24be served if the lands were returned to private ownership. |
---|
5493 | | - | 159.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
5494 | | - | 159.26Sec. 4. PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA COUNTY. |
---|
5495 | | - | 159.27 (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or |
---|
5496 | | - | 159.28other law to the contrary, Itasca County may sell by private sale the tax-forfeited lands |
---|
5497 | | - | 159.29described in paragraph (c). |
---|
5498 | | - | 159.30 (b) The conveyance must be in a form approved by the attorney general. The attorney |
---|
5499 | | - | 159.31general may make changes to the land description to correct errors and ensure accuracy. |
---|
5500 | | - | 159Article 5 Sec. 4. |
---|
5501 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 160.1 (c) The lands to be sold are located in Itasca County and are described as: That part of |
---|
5502 | | - | 160.2the Southwest Quarter of the Southeast Quarter, Section 15, Township 59 North, Range 24 |
---|
5503 | | - | 160.3west of the Fourth Principal Meridian, Itasca County, Minnesota, further described as |
---|
5504 | | - | 160.4follows: Commencing at the northwest corner of said Southwest Quarter of the Southeast |
---|
5505 | | - | 160.5Quarter; thence North 89 degrees 01 minutes 34 seconds East, assigned bearing, along the |
---|
5506 | | - | 160.6north line of said Southwest Quarter of the Southeast Quarter a distance of 255.80 feet to |
---|
5507 | | - | 160.7the point of beginning; thence South 10 degrees 50 minutes 31 seconds East a distance of |
---|
5508 | | - | 160.8604.37 feet; thence North 55 degrees 26 minutes 17 seconds East a distance of 672.63 feet, |
---|
5509 | | - | 160.9more or less to the centerline of County Road 52; thence North 51 degrees 32 minutes 12 |
---|
5510 | | - | 160.10seconds West along said centerline a distance of 351.56 feet to said north line of the |
---|
5511 | | - | 160.11Southwest Quarter of the Southeast Quarter; thence South 89 degrees 01 minutes 34 seconds |
---|
5512 | | - | 160.12West along said north line a distance of 392.39 feet to the point of beginning. |
---|
5513 | | - | 160.13 (d) The county has determined that the county's land management interests would best |
---|
5514 | | - | 160.14be served if the lands were returned to private ownership. |
---|
5515 | | - | 160.15 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
5516 | | - | 160.16Sec. 5. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. |
---|
5517 | | - | 160.17 (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or |
---|
5518 | | - | 160.18other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land |
---|
5519 | | - | 160.19described in paragraph (c). |
---|
5520 | | - | 160.20 (b) The conveyance must be in a form approved by the attorney general. The attorney |
---|
5521 | | - | 160.21general may make changes to the land description to correct errors and ensure accuracy. |
---|
5522 | | - | 160.22 (c) The land to be sold is located in St. Louis County and is described as: |
---|
5523 | | - | 160.23 (1) the easterly 15 feet of Lot 5, Block 47, West Duluth 6th Division, Section 7, Township |
---|
5524 | | - | 160.2449, Range 14 (parcel number 010-4520-06505); and |
---|
5525 | | - | 160.25 (2) that part of the Northwest Quarter of the Northwest Quarter described as follows: |
---|
5526 | | - | 160.26beginning at the northwest corner continue due East parallel with the north boundary line |
---|
5527 | | - | 160.27a distance of 330 feet to a point of beginning; thence due South parallel with the west |
---|
5528 | | - | 160.28boundary line a distance of 400 feet to a point; thence due East parallel with the north |
---|
5529 | | - | 160.29boundary line a distance of 190 feet to a point; thence due North parallel with the west |
---|
5530 | | - | 160.30boundary a distance of 60 feet to a point; thence due East parallel with the north boundary |
---|
5531 | | - | 160.31line a distance of 140 feet to a point; thence due North parallel with the west boundary line |
---|
5532 | | - | 160.32a distance of 340 feet to a point; thence due West parallel with the north boundary line a |
---|
5533 | | - | 160Article 5 Sec. 5. |
---|
5534 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 161.1distance of 330 feet to the point of beginning, Section 14, Township 54, Range 20 (parcel |
---|
5535 | | - | 161.2number 550-0020-02294). |
---|
5536 | | - | 161.3 (d) The county has determined that the county's land management interests would best |
---|
5537 | | - | 161.4be served if the lands were returned to private ownership. |
---|
5538 | | - | 161.5 ARTICLE 6 |
---|
5539 | | - | 161.6 ELECTRONIC WASTE AND BATTERY STEWARDSHIP |
---|
5540 | | - | 161.7Section 1. Minnesota Statutes 2024, section 115.071, subdivision 1, is amended to read: |
---|
5541 | | - | 161.8 Subdivision 1.Remedies available.The provisions of sections 103F.701 to 103F.755, |
---|
5542 | | - | 161.9this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 325E.12 |
---|
5543 | | - | 161.10and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance, |
---|
5544 | | - | 161.11and permits adopted or issued by the agency thereunder or under any other law now in force |
---|
5545 | | - | 161.12or hereafter enacted for the prevention, control, or abatement of pollution may be enforced |
---|
5546 | | - | 161.13by any one or any combination of the following: criminal prosecution; action to recover |
---|
5547 | | - | 161.14civil penalties; injunction; action to compel or cease performance; or other appropriate |
---|
5548 | | - | 161.15action, in accordance with the provisions of said chapters and this section. |
---|
5549 | | - | 161.16 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
5550 | | - | 161.17Sec. 2. Minnesota Statutes 2024, section 115A.121, is amended to read: |
---|
5551 | | - | 161.18 115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION; |
---|
5552 | | - | 161.19CONSOLIDATED REPORT. |
---|
5553 | | - | 161.20 The commissioner shall prepare and adopt a report on pollution prevention activities |
---|
5554 | | - | 161.21required in chapters 115A, 115D, and 325E. The report must include activities required |
---|
5555 | | - | 161.22under section 115A.1320. The commissioner must submit the report to the senate and house |
---|
5556 | | - | 161.23of representatives committees having jurisdiction over environment and natural resources |
---|
5557 | | - | 161.24by December 31, 2013, and every four years thereafter. |
---|
5558 | | - | 161.25 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
5559 | | - | 161.26Sec. 3. [115A.1331] STEWARDSHIP PROGRAM FOR CIRCUIT BOARDS, |
---|
5560 | | - | 161.27BATTERIES, AND ELECTRICAL PRODUCTS; DEFINITIONS. |
---|
5561 | | - | 161.28 (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this |
---|
5562 | | - | 161.29section. |
---|
5563 | | - | 161.30 (b) "Battery" means one or more galvanic cells, including any structural members, |
---|
5564 | | - | 161.31insulative casing, and terminals. |
---|
5565 | | - | 161Article 6 Sec. 3. |
---|
5566 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 162.1 (c) "Board" means the Covered Products Reimbursement Board established under section |
---|
5567 | | - | 162.2115A.1333. |
---|
5568 | | - | 162.3 (d) "Brand" means a trademark, including both a registered and an unregistered trademark; |
---|
5569 | | - | 162.4a logo; a name; a symbol; a word; an identifier; or a traceable mark that identifies a covered |
---|
5570 | | - | 162.5product or other electrical product and identifies the owner or licensee of the brand as the |
---|
5571 | | - | 162.6producer of the product. |
---|
5572 | | - | 162.7 (e) "Circuit board" means a nonconductive substrate onto which one or more layers of |
---|
5573 | | - | 162.8conductive paths have been printed or wires attached for mounting and interconnecting |
---|
5574 | | - | 162.9electronic components, such as resistors, capacitors, diodes, transistors, integrated circuit |
---|
5575 | | - | 162.10chips, and connecting wires. Circuit boards include printed circuit boards, printed wiring |
---|
5576 | | - | 162.11boards, and any other style or type of circuit board. |
---|
5577 | | - | 162.12 (f) "Collection site" means a physical location where a collector collects covered products |
---|
5578 | | - | 162.13and other electrical products from members of the public and businesses. Collection site |
---|
5579 | | - | 162.14includes a location regardless of whether it is operated permanently, temporarily, or for |
---|
5580 | | - | 162.15purposes of a collection event. |
---|
5581 | | - | 162.16 (g) "Collector" means a person that collects covered products and other electrical products |
---|
5582 | | - | 162.17on behalf of the stewardship organization and receives reimbursement from the stewardship |
---|
5583 | | - | 162.18organization for the collector's costs to collect and manage the products. |
---|
5584 | | - | 162.19 (h) "Covered battery" means a battery of any type, physical size, or energy capacity |
---|
5585 | | - | 162.20including but not limited to batteries designed and marketed for sale or resale for use in |
---|
5586 | | - | 162.21lawn care equipment as defined in section 181A.116, off-highway vehicles, snowmobiles, |
---|
5587 | | - | 162.22watercraft, tools, household items, lights, or devices powered by an internal combustion |
---|
5588 | | - | 162.23engine. A covered battery does not include: |
---|
5589 | | - | 162.24 (1) a lead acid battery subject to sections 325E.115 and 325E.1151; |
---|
5590 | | - | 162.25 (2) a battery designed, manufactured, and intended solely for use in manufacturing, |
---|
5591 | | - | 162.26industrial, or other commercial settings; or |
---|
5592 | | - | 162.27 (3) a battery designed, manufactured, and intended solely for use in a medical device, |
---|
5593 | | - | 162.28as defined in the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section |
---|
5594 | | - | 162.29301 et seq. |
---|
5595 | | - | 162.30 (i) "Covered circuit board" means any circuit board except a circuit board from: |
---|
5596 | | - | 162.31 (1) a major appliance; |
---|
5597 | | - | 162Article 6 Sec. 3. |
---|
5598 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 163.1 (2) an appliance or tool powered by electrical power of equal to or greater than 240 volts |
---|
5599 | | - | 163.2alternating current; or |
---|
5600 | | - | 163.3 (3) an appliance or tool designed, manufactured, and intended solely for use in |
---|
5601 | | - | 163.4manufacturing, industrial, or other commercial settings. |
---|
5602 | | - | 163.5 (j) "Covered product" means: |
---|
5603 | | - | 163.6 (1) a covered circuit board; |
---|
5604 | | - | 163.7 (2) a covered battery; |
---|
5605 | | - | 163.8 (3) a cathode-ray tube; or |
---|
5606 | | - | 163.9 (4) a product that has a covered circuit board, a covered battery, or a cathode-ray tube |
---|
5607 | | - | 163.10contained within it or otherwise attached or connected to it, except: |
---|
5608 | | - | 163.11 (i) a medical device, as defined in the Federal Food, Drug, and Cosmetic Act, United |
---|
5609 | | - | 163.12States Code, title 21, section 301 et seq.; |
---|
5610 | | - | 163.13 (ii) any device powered by an internal combustion engine; |
---|
5611 | | - | 163.14 (iii) an off-highway vehicle, watercraft, or snowmobile; and |
---|
5612 | | - | 163.15 (iv) a motor vehicle, as defined in section 168.002. |
---|
5613 | | - | 163.16 (k) "Covered services" means collection, sorting, storage, transport, processing, repair, |
---|
5614 | | - | 163.17refurbishment, reuse, recycling, reclamation of useful materials from, or disposal of covered |
---|
5615 | | - | 163.18products, other electrical products, and residual materials. |
---|
5616 | | - | 163.19 (l) "De minimis producer" means a producer that, in the most recent calendar year, had |
---|
5617 | | - | 163.20fewer than 100 covered products that were sold in or into the state and for which the producer |
---|
5618 | | - | 163.21was responsible. |
---|
5619 | | - | 163.22 (m) "Facilitate a sale" means to assist a person in transferring title or possession of a |
---|
5620 | | - | 163.23covered product or other electrical product, regardless of whether title or possession is ever |
---|
5621 | | - | 163.24acquired by the person facilitating a sale, such as by operating an online marketplace, |
---|
5622 | | - | 163.25publishing an offer for sale on a website, physically storing inventory of products, entering |
---|
5623 | | - | 163.26into a contract to allow another person to list a product for sale, processing payment on |
---|
5624 | | - | 163.27behalf of another person, entering into a contract with a buyer or a seller related to a sale, |
---|
5625 | | - | 163.28or otherwise providing a sales process. Facilitate a sale does not include acting solely as: |
---|
5626 | | - | 163.29 (1) an advertiser; |
---|
5627 | | - | 163.30 (2) a payment processor; or |
---|
5628 | | - | 163.31 (3) a common carrier. |
---|
5629 | | - | 163Article 6 Sec. 3. |
---|
5630 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 164.1 (n) "Full collection site" means a collection site that meets the requirements of section |
---|
5631 | | - | 164.2115A.1341, subdivision 1, paragraph (b). |
---|
5632 | | - | 164.3 (o) "Household hazardous waste collection program" means a program established under |
---|
5633 | | - | 164.4section 115A.96 to collect and manage household hazardous waste as defined in that section. |
---|
5634 | | - | 164.5 (p) "Independent auditor" means an independent and actively licensed certified public |
---|
5635 | | - | 164.6accountant that is: |
---|
5636 | | - | 164.7 (1) retained by the stewardship organization; |
---|
5637 | | - | 164.8 (2) not otherwise employed by or affiliated with the stewardship organization; and |
---|
5638 | | - | 164.9 (3) qualified to conduct an audit under section 115A.1337, subdivision 5, paragraph (b), |
---|
5639 | | - | 164.10clause (8). |
---|
5640 | | - | 164.11 (q) "Off-highway vehicle" has the meaning given in section 84.771. |
---|
5641 | | - | 164.12 (r) "Organohalogenated chemical" has the meaning given in section 325F.071. |
---|
5642 | | - | 164.13 (s) "Other electrical product" means an appliance or tool that is powered by electricity |
---|
5643 | | - | 164.14provided through a flexible cord with an attached standardized plug intended for temporary, |
---|
5644 | | - | 164.15manual connection to the electrical distribution system in a residential or commercial |
---|
5645 | | - | 164.16structure. Other electrical product does not include: |
---|
5646 | | - | 164.17 (1) a covered product; |
---|
5647 | | - | 164.18 (2) a major appliance; |
---|
5648 | | - | 164.19 (3) an appliance or tool powered by electrical power of greater than 240 volts alternating |
---|
5649 | | - | 164.20current; or |
---|
5650 | | - | 164.21 (4) an appliance or tool designed, manufactured, and intended solely for use in |
---|
5651 | | - | 164.22manufacturing, industrial, or other commercial settings. |
---|
5652 | | - | 164.23 (t) "Partial collection site" means a collection site that meets the requirements of section |
---|
5653 | | - | 164.24115A.1341, subdivision 1, paragraph (c), and does not meet the requirements of paragraph |
---|
5654 | | - | 164.25(b) of that subdivision. |
---|
5655 | | - | 164.26 (u) "Participant" means a producer that is named by the stewardship organization as |
---|
5656 | | - | 164.27meeting the producer's obligations under sections 115A.1331 to 115A.1347 to contract with |
---|
5657 | | - | 164.28a stewardship organization and to pay for a stewardship program that meets the producer's |
---|
5658 | | - | 164.29obligations on the producer's behalf. |
---|
5659 | | - | 164Article 6 Sec. 3. |
---|
5660 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 165.1 (v) "Producer" means, with respect to a covered product or other electrical product that |
---|
5661 | | - | 165.2is sold, including online sales; offered for sale or promotional purposes; or distributed in |
---|
5662 | | - | 165.3or into the state: |
---|
5663 | | - | 165.4 (1) a person that manufactured: |
---|
5664 | | - | 165.5 (i) the covered product; |
---|
5665 | | - | 165.6 (ii) any component of the covered product if the component is also a covered product; |
---|
5666 | | - | 165.7or |
---|
5667 | | - | 165.8 (iii) the other electrical product; |
---|
5668 | | - | 165.9 (2) a person that imported into the United States: |
---|
5669 | | - | 165.10 (i) the covered product; |
---|
5670 | | - | 165.11 (ii) any component of the covered product if the component is also a covered product; |
---|
5671 | | - | 165.12or |
---|
5672 | | - | 165.13 (iii) the other electrical product; and |
---|
5673 | | - | 165.14 (3) a person that owns or controls or is licensed to use a brand under which the covered |
---|
5674 | | - | 165.15product or other electrical product is sold, including online sales; offered for sale or |
---|
5675 | | - | 165.16promotional purposes; or distributed in or into the state. |
---|
5676 | | - | 165.17 (w) "Responsible market" means a market for covered products and other electrical |
---|
5677 | | - | 165.18products, for reusable or repairable components of covered products and other electrical |
---|
5678 | | - | 165.19products, for reclaimed materials from covered products and other electrical products, or |
---|
5679 | | - | 165.20for any other recyclable residues from covered products and other electrical products that: |
---|
5680 | | - | 165.21 (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a |
---|
5681 | | - | 165.22manner that protects the environment and minimizes risks to public health and worker health |
---|
5682 | | - | 165.23and safety; |
---|
5683 | | - | 165.24 (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and |
---|
5684 | | - | 165.25other laws governing environmental, health, safety, and financial responsibility; |
---|
5685 | | - | 165.26 (3) possesses all licenses and permits required by a federal or state agency or political |
---|
5686 | | - | 165.27subdivision; |
---|
5687 | | - | 165.28 (4) if operating in the state, recycles covered products and other electrical products to |
---|
5688 | | - | 165.29the maximum extent practicable in accordance with section 115A.02, paragraph (b); and |
---|
5689 | | - | 165.30 (5) minimizes adverse impacts to environmental justice areas. |
---|
5690 | | - | 165.31 (x) "Snowmobile" has the meaning given in section 84.81, subdivision 3. |
---|
5691 | | - | 165Article 6 Sec. 3. |
---|
5692 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 166.1 (y) "Specialized battery or circuit board recycler" means a person that, if and as |
---|
5693 | | - | 166.2applicable, is properly authorized by the commissioner or, if operating in another state, an |
---|
5694 | | - | 166.3equivalent state or federal governmental body, to process, repair, refurbish, facilitate reuse |
---|
5695 | | - | 166.4of, recycle, or reclaim useful materials from covered products. |
---|
5696 | | - | 166.5 (z) "Stewardship organization" means a nonprofit organization as described in section |
---|
5697 | | - | 166.6501(c)(3) of the Internal Revenue Code that enters into a contract with producers to draft |
---|
5698 | | - | 166.7and submit a plan for a stewardship program under sections 115A.1331 to 115A.1347, and |
---|
5699 | | - | 166.8to be responsible for administering and implementing that plan on the producers' behalf. |
---|
5700 | | - | 166.9 (aa) "Stewardship plan" means a plan that is prepared according to section 115A.1335 |
---|
5701 | | - | 166.10and submitted to the commissioner by a stewardship organization. |
---|
5702 | | - | 166.11 (bb) "Stewardship program" means a system implemented by a stewardship organization |
---|
5703 | | - | 166.12that provides and pays for covered services and all other activities described in a stewardship |
---|
5704 | | - | 166.13plan approved by the commissioner under section 115A.1335, subdivision 4. |
---|
5705 | | - | 166.14 (cc) "Watercraft" has the meaning given in section 86B.005, subdivision 18, |
---|
5706 | | - | 166.15notwithstanding the exceptions contained therein. |
---|
5707 | | - | 166.16 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
5708 | | - | 166.17Sec. 4. [115A.1333] COVERED PRODUCTS REIMBURSEMENT BOARD. |
---|
5709 | | - | 166.18 Subdivision 1.Establishment.The Covered Products Reimbursement Board is |
---|
5710 | | - | 166.19established to recommend reimbursement rates to the commissioner. Except as provided in |
---|
5711 | | - | 166.20this section, chapter 15 does not apply to the board. |
---|
5712 | | - | 166.21 Subd. 2.Membership.(a) By January 1, 2027, the commissioner must appoint the initial |
---|
5713 | | - | 166.22membership of the Covered Products Reimbursement Board. Membership must consist of: |
---|
5714 | | - | 166.23 (1) two members representing household hazardous waste collection programs; |
---|
5715 | | - | 166.24 (2) two members representing collectors, according to paragraph (c); and |
---|
5716 | | - | 166.25 (3) four members representing and nominated by the stewardship organization. |
---|
5717 | | - | 166.26 (b) In making appointments under paragraph (a), the commissioner may not appoint |
---|
5718 | | - | 166.27persons who are: |
---|
5719 | | - | 166.28 (1) current or elected Minnesota state representatives or senators; |
---|
5720 | | - | 166.29 (2) required to register as lobbyists under section 10A.03; or |
---|
5721 | | - | 166.30 (3) employees of the agency. |
---|
5722 | | - | 166Article 6 Sec. 4. |
---|
5723 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 167.1 (c) Initial appointments under paragraph (a), clause (2), must represent potential |
---|
5724 | | - | 167.2collectors. After January 1, 2028, whenever the terms of these members expire according |
---|
5725 | | - | 167.3to subdivision 3, the new appointments must represent collectors. Members appointed under |
---|
5726 | | - | 167.4paragraph (a), clause (2), must not represent household hazardous waste collection programs. |
---|
5727 | | - | 167.5 Subd. 3.Terms; removal.Members serve for a term of four years, except that one |
---|
5728 | | - | 167.6member appointed under subdivision 2, paragraph (a), clause (1); one member appointed |
---|
5729 | | - | 167.7under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision |
---|
5730 | | - | 167.82, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that |
---|
5731 | | - | 167.9membership terms are staggered. Members may be reappointed to another term following |
---|
5732 | | - | 167.10the end of a term. The removal of members is governed by section 15.059, subdivision 4. |
---|
5733 | | - | 167.11 Subd. 4.Quorum; voting.Meetings of the board must have at least a quorum of |
---|
5734 | | - | 167.12members, consisting of six members. Recommendations of the board require the affirmative |
---|
5735 | | - | 167.13vote of at least five members. |
---|
5736 | | - | 167.14 Subd. 5.Administrative support; facilitator.(a) The commissioner must provide |
---|
5737 | | - | 167.15administrative support to the board. The commissioner must ensure that all activities of the |
---|
5738 | | - | 167.16board that require public notice, such as notice of meetings, agendas and materials related |
---|
5739 | | - | 167.17to agenda items, and minutes, are published on the agency's publicly accessible website. |
---|
5740 | | - | 167.18The commissioner must provide meeting space and public access for meetings conducted |
---|
5741 | | - | 167.19by telephone or interactive technology. |
---|
5742 | | - | 167.20 (b) The commissioner must contract for a professional facilitator for the board. The |
---|
5743 | | - | 167.21facilitator must schedule and chair the meetings of the board but is not a member for purposes |
---|
5744 | | - | 167.22of quorum or voting. The facilitator must ensure that all activities of the board that require |
---|
5745 | | - | 167.23public notice are timely provided to the commissioner for publication. |
---|
5746 | | - | 167.24 Subd. 6.Meetings.(a) The board must meet at least biannually and as necessary to meet |
---|
5747 | | - | 167.25the requirements of subdivisions 7 to 9. Meetings may be scheduled at the request of the |
---|
5748 | | - | 167.26facilitator or a majority of the members. |
---|
5749 | | - | 167.27 (b) The board must comply with the Open Meeting Law under chapter 13D. |
---|
5750 | | - | 167.28 Subd. 7.Recommendations for reimbursement rates.(a) By July 1, 2027, and annually |
---|
5751 | | - | 167.29thereafter, the board must submit to the commissioner a recommendation for reimbursement |
---|
5752 | | - | 167.30rates to collectors for the following calendar year. |
---|
5753 | | - | 167.31 (b) Recommended rates must be differentiated by methods recommended by the board |
---|
5754 | | - | 167.32under subdivision 4, such as local property lease or purchase costs, prevailing local wages, |
---|
5755 | | - | 167Article 6 Sec. 4. |
---|
5756 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 168.1or other factors to ensure convenient collection statewide according to section 115A.1335, |
---|
5757 | | - | 168.2subdivision 3, and that all costs of collection are covered according to paragraph (c). |
---|
5758 | | - | 168.3 (c) Recommended rates must cover all costs of collecting covered products and other |
---|
5759 | | - | 168.4electrical products incurred by collectors, including at least: |
---|
5760 | | - | 168.5 (1) labor and overhead; |
---|
5761 | | - | 168.6 (2) covered services performed by a collector in accordance with section 115A.1337, |
---|
5762 | | - | 168.7subdivision 1, paragraph (b); |
---|
5763 | | - | 168.8 (3) necessary collection and storage structures and containers as provided in section |
---|
5764 | | - | 168.9115A.1347, subdivision 1, paragraph (d); |
---|
5765 | | - | 168.10 (4) employee training; |
---|
5766 | | - | 168.11 (5) necessary safety equipment, including appropriate fire protection and suppression |
---|
5767 | | - | 168.12equipment and supplies; and |
---|
5768 | | - | 168.13 (6) any other costs determined necessary by the commissioner. |
---|
5769 | | - | 168.14 (d) In making determinations under paragraph (c), clause (6), the commissioner may |
---|
5770 | | - | 168.15consider data submitted according to section 115A.1337, subdivision 5; the volume of |
---|
5771 | | - | 168.16covered products collected; the estimated volume of covered products sold in or into the |
---|
5772 | | - | 168.17state; the estimated volume of covered products disposed of in the state; and other information |
---|
5773 | | - | 168.18related to the effectiveness of the stewardship program. |
---|
5774 | | - | 168.19 (e) The board must also consider any additional financial incentives necessary to induce |
---|
5775 | | - | 168.20collectors to join the stewardship program in locations that would otherwise not be served, |
---|
5776 | | - | 168.21so that the stewardship organization can meet or exceed the required convenience standards |
---|
5777 | | - | 168.22under section 115A.1335, subdivision 3. |
---|
5778 | | - | 168.23 Subd. 8.Review and approval of reimbursement rates.(a) Within 90 days after |
---|
5779 | | - | 168.24receiving a recommendation on reimbursement rates submitted under subdivision 7, the |
---|
5780 | | - | 168.25commissioner must review the recommendation and approve or reject the recommendation. |
---|
5781 | | - | 168.26 (b) In conducting a review of a recommendation, the commissioner may consult with |
---|
5782 | | - | 168.27interested parties. |
---|
5783 | | - | 168.28 (c) For at least 30 days and before approving a recommendation under this subdivision, |
---|
5784 | | - | 168.29the commissioner must post the recommendation on the agency's publicly accessible website |
---|
5785 | | - | 168.30for public review and comment. |
---|
5786 | | - | 168.31 (d) If the commissioner determines that a recommendation does not meet the requirements |
---|
5787 | | - | 168.32of this section, the commissioner must reject the recommendation. The commissioner must |
---|
5788 | | - | 168Article 6 Sec. 4. |
---|
5789 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 169.1provide a written notice of determination describing the reasons for the rejection to the |
---|
5790 | | - | 169.2board. The board must meet as necessary to submit a revised recommendation to the |
---|
5791 | | - | 169.3commissioner. |
---|
5792 | | - | 169.4 (e) After consultation under paragraph (b) and review of public comments under |
---|
5793 | | - | 169.5paragraph (c), if the commissioner determines that a recommendation meets the requirements |
---|
5794 | | - | 169.6of this section, the commissioner may approve the recommendation. The commissioner |
---|
5795 | | - | 169.7must provide a written notice of approval to the board and to the stewardship organization. |
---|
5796 | | - | 169.8In the notice, the commissioner must specify the effective date of the approved reimbursement |
---|
5797 | | - | 169.9rates. |
---|
5798 | | - | 169.10 (f) The stewardship organization must publish approved reimbursement rates on its |
---|
5799 | | - | 169.11publicly accessible website within 30 days after receiving the commissioner's written notice |
---|
5800 | | - | 169.12of approval. The commissioner may also publish the approved reimbursement rates on the |
---|
5801 | | - | 169.13agency's publicly accessible website. |
---|
5802 | | - | 169.14 Subd. 9.More-frequent rate changes.The board may, for good cause, submit a |
---|
5803 | | - | 169.15recommendation for reimbursement rates to the commissioner at less than an annual interval. |
---|
5804 | | - | 169.16The commissioner must review the recommendation according to subdivision 8. If the |
---|
5805 | | - | 169.17commissioner rejects the recommendation, then the previously approved reimbursement |
---|
5806 | | - | 169.18rates for that calendar year continue to be in effect. |
---|
5807 | | - | 169.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
5808 | | - | 169.20Sec. 5. [115A.1335] STEWARDSHIP PLAN AND BUDGET. |
---|
5809 | | - | 169.21 Subdivision 1.Due date.By October 1, 2027, all producers must contract with a single |
---|
5810 | | - | 169.22stewardship organization to act on the producers' behalf. By that date, the stewardship |
---|
5811 | | - | 169.23organization must submit a single stewardship plan meeting the requirements of subdivision |
---|
5812 | | - | 169.242 to the commissioner to review for approval or rejection. |
---|
5813 | | - | 169.25 Subd. 2.Plan content; budget requirement.(a) The stewardship plan must include: |
---|
5814 | | - | 169.26 (1) identification of and contact information for the stewardship organization; |
---|
5815 | | - | 169.27 (2) identification of and contact information for all other persons that the stewardship |
---|
5816 | | - | 169.28organization has contracted, subcontracted, or partnered with to administer and implement |
---|
5817 | | - | 169.29the stewardship program that are not participants identified in clause (3) or collectors or |
---|
5818 | | - | 169.30persons providing covered services identified in clause (4), unless such participants, |
---|
5819 | | - | 169.31collectors, or persons providing covered services are also in any way administering or |
---|
5820 | | - | 169.32implementing the stewardship program beyond participation, collection, or provision of |
---|
5821 | | - | 169Article 6 Sec. 5. |
---|
5822 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 170.1covered services. The relationship of the other organizations and role in administration and |
---|
5823 | | - | 170.2implementation of the stewardship program must be described; |
---|
5824 | | - | 170.3 (3) identification of and contact information for all participants in the stewardship |
---|
5825 | | - | 170.4program; |
---|
5826 | | - | 170.5 (4) identification of and contact information for each collector; each person providing |
---|
5827 | | - | 170.6covered services for covered products or other electrical products, including any collector |
---|
5828 | | - | 170.7that will perform covered services other than collection; and each facility at which covered |
---|
5829 | | - | 170.8products and other electrical products will be managed under the stewardship plan; |
---|
5830 | | - | 170.9 (5) the address; county of location; and, in a form prescribed by the commissioner, |
---|
5831 | | - | 170.10geolocation data for each collection site to be served by the stewardship organization under |
---|
5832 | | - | 170.11the stewardship program and identification of the site as a full collection site, as a partial |
---|
5833 | | - | 170.12collection site, or as operated by a household hazardous waste collection program; |
---|
5834 | | - | 170.13 (6) a list of the brands covered under the stewardship program; |
---|
5835 | | - | 170.14 (7) eligibility criteria for prospective collectors of covered products and other electrical |
---|
5836 | | - | 170.15products under the stewardship program according to section 115A.1337, subdivision 3, |
---|
5837 | | - | 170.16paragraph (c); |
---|
5838 | | - | 170.17 (8) a description of how the stewardship program will accept and provide covered services |
---|
5839 | | - | 170.18and reimbursement under this section to any household hazardous waste collection program |
---|
5840 | | - | 170.19in a manner that is equal to the services and reimbursement provided to all other collectors, |
---|
5841 | | - | 170.20if the operator of the household hazardous waste collection program requests covered |
---|
5842 | | - | 170.21services and reimbursement; |
---|
5843 | | - | 170.22 (9) a description of how the stewardship program will provide convenient, statewide |
---|
5844 | | - | 170.23collection according to subdivision 3; |
---|
5845 | | - | 170.24 (10) a description of how the stewardship organization will annually monitor and ensure |
---|
5846 | | - | 170.25continuing compliance with the convenience standards under subdivision 3; |
---|
5847 | | - | 170.26 (11) a description of how the stewardship organization will provide each collector served |
---|
5848 | | - | 170.27by the stewardship program with the materials specified in section 115A.1337, subdivision |
---|
5849 | | - | 170.281, including specifications for appropriate containers, signage templates, and a copy of all |
---|
5850 | | - | 170.29training and educational materials to be provided; |
---|
5851 | | - | 170.30 (12) a description of how collection sites will be accessible according to section |
---|
5852 | | - | 170.31115A.1337, subdivision 2; |
---|
5853 | | - | 170Article 6 Sec. 5. |
---|
5854 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 171.1 (13) the performance standards for persons providing covered services for covered |
---|
5855 | | - | 171.2products and other electrical products on behalf of the stewardship organization and the |
---|
5856 | | - | 171.3oversight methods by which the stewardship organization will ensure continuing compliance |
---|
5857 | | - | 171.4with the performance standards. The performance standards must: |
---|
5858 | | - | 171.5 (i) meet the requirements of section 115A.1337, subdivision 3; |
---|
5859 | | - | 171.6 (ii) ensure that covered products and materials resulting from recycling covered products |
---|
5860 | | - | 171.7are managed only by specialized battery or electronics recyclers and through responsible |
---|
5861 | | - | 171.8markets; and |
---|
5862 | | - | 171.9 (iii) ensure that other electrical products and materials resulting from recycling of other |
---|
5863 | | - | 171.10electrical products are managed through responsible markets; |
---|
5864 | | - | 171.11 (14) a description of methods by which the stewardship organization will ensure that |
---|
5865 | | - | 171.12covered products and any other electrical products that are waste for which the stewardship |
---|
5866 | | - | 171.13organization is responsible are managed while in the state in compliance with rules adopted |
---|
5867 | | - | 171.14under section 116.07 for managing solid waste and hazardous waste and, when outside the |
---|
5868 | | - | 171.15state, with all federal, state, and local requirements applicable to managing solid waste and |
---|
5869 | | - | 171.16hazardous waste, as applicable; |
---|
5870 | | - | 171.17 (15) a description of methods by which the stewardship organization will ensure that |
---|
5871 | | - | 171.18covered products and any other electrical products for which the stewardship organization |
---|
5872 | | - | 171.19is responsible are managed in compliance with safety and health requirements for employees |
---|
5873 | | - | 171.20administered by the Department of Labor and Industry and with fire protection requirements |
---|
5874 | | - | 171.21administered by the Department of Public Safety while in the state and, when outside the |
---|
5875 | | - | 171.22state, with all federal, state, and local requirements applicable to safety and health |
---|
5876 | | - | 171.23requirements for employees and fire protection requirements; |
---|
5877 | | - | 171.24 (16) a description of methods by which the stewardship organization will ensure that |
---|
5878 | | - | 171.25covered products and other electrical products for which the stewardship organization is |
---|
5879 | | - | 171.26responsible are transported in compliance with applicable regulations incorporated by |
---|
5880 | | - | 171.27reference under section 221.033 for transporting hazardous materials while in the state and, |
---|
5881 | | - | 171.28when outside the state, with all federal, state, and local requirements applicable to |
---|
5882 | | - | 171.29transportation of hazardous materials; |
---|
5883 | | - | 171.30 (17) a statement of indemnification by the stewardship organization to collectors for |
---|
5884 | | - | 171.31potential liability for improper downstream management of covered products and other |
---|
5885 | | - | 171.32electrical products or residual materials by providers of covered services contracted for by |
---|
5886 | | - | 171.33the stewardship organization and identified in the stewardship plan under clause (3); |
---|
5887 | | - | 171Article 6 Sec. 5. |
---|
5888 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 172.1 (18) a description of how the stewardship organization will determine the mass of covered |
---|
5889 | | - | 172.2products and other electrical products for which it has provided covered services under the |
---|
5890 | | - | 172.3stewardship program by county of collection and, for covered batteries and covered products |
---|
5891 | | - | 172.4that have covered batteries contained within them or otherwise attached or connected to |
---|
5892 | | - | 172.5them, by battery chemistry; |
---|
5893 | | - | 172.6 (19) a description of the outreach and education methods and activities that the |
---|
5894 | | - | 172.7stewardship organization will provide according to section 115A.1337, subdivision 4; |
---|
5895 | | - | 172.8 (20) a description of how the stewardship organization will employ at least one full-time |
---|
5896 | | - | 172.9employee who is solely dedicated to implementing the stewardship program in this state |
---|
5897 | | - | 172.10and serving as the primary contact between the stewardship organization and the agency; |
---|
5898 | | - | 172.11 (21) a description of the system by which the stewardship organization will provide |
---|
5899 | | - | 172.12advance funding of or reimbursement to collectors in a manner that provides: |
---|
5900 | | - | 172.13 (i) a clear process for submitting and paying invoices; |
---|
5901 | | - | 172.14 (ii) reasonable timelines for reimbursement, at intervals no longer than monthly unless |
---|
5902 | | - | 172.15otherwise agreed to by the person providing covered services to be reimbursed; and |
---|
5903 | | - | 172.16 (iii) a third-party mediator to resolve disputes that arise between the stewardship |
---|
5904 | | - | 172.17organization and a person providing covered services regarding determining or paying |
---|
5905 | | - | 172.18reimbursements; |
---|
5906 | | - | 172.19 (22) identification of groups of producers, such as by industry, covered product and |
---|
5907 | | - | 172.20other electrical product type, or other method proposed by the stewardship organization, |
---|
5908 | | - | 172.21and the proposed allocation of stewardship program costs among the groups of producers, |
---|
5909 | | - | 172.22such that the costs of managing covered products or other electrical products produced by |
---|
5910 | | - | 172.23a group of producers are not borne by other groups of producers; |
---|
5911 | | - | 172.24 (23) a description of how the stewardship organization will comply with subdivision 6, |
---|
5912 | | - | 172.25paragraph (b); |
---|
5913 | | - | 172.26 (24) a description of how the stewardship organization will assist producers in complying |
---|
5914 | | - | 172.27with the labeling requirements of section 115A.1347, subdivision 2, paragraph (a); |
---|
5915 | | - | 172.28 (25) a description of how the stewardship organization will ensure that covered products |
---|
5916 | | - | 172.29and other electrical products managed under the stewardship program are recycled to the |
---|
5917 | | - | 172.30maximum extent practicable in accordance with section 115A.02, paragraph (b); |
---|
5918 | | - | 172.31 (26) a description of how the stewardship organization will incentivize investment in |
---|
5919 | | - | 172.32processes, product design and material use, technology, and personnel training that could |
---|
5920 | | - | 172Article 6 Sec. 5. |
---|
5921 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 173.1raise the future maximum extent practicable for recycling described in clause (25), including |
---|
5922 | | - | 173.2consideration of covered product reuse, repair, and product life cycle; |
---|
5923 | | - | 173.3 (27) a description of how the stewardship organization will annually report to the |
---|
5924 | | - | 173.4commissioner the number, type, and volume of covered products and other electrical products |
---|
5925 | | - | 173.5collected during each calendar year, specifying the categories of the covered products and |
---|
5926 | | - | 173.6other electrical products and the chemistries of the covered batteries collected; |
---|
5927 | | - | 173.7 (28) a description of how the stewardship organization will annually report to the |
---|
5928 | | - | 173.8commissioner the end management, through reuse, repair, reclamation, recycling, or disposal, |
---|
5929 | | - | 173.9of the covered products and other electrical products shipped from collection sites under |
---|
5930 | | - | 173.10the stewardship program during each calendar year; |
---|
5931 | | - | 173.11 (29) a description of how the stewardship organization will take action to decrease the |
---|
5932 | | - | 173.12incidence of covered products in solid waste in the state according to section 115A.1337, |
---|
5933 | | - | 173.13subdivision 4, paragraph (c), including providing collection opportunities under section |
---|
5934 | | - | 173.14115A.1337, subdivision 2, paragraph (b); |
---|
5935 | | - | 173.15 (30) a description of how the stewardship organization will assist persons providing |
---|
5936 | | - | 173.16covered services after collection to identify, segregate, and properly manage |
---|
5937 | | - | 173.17organohalogenated chemicals contained in or separated from covered products and reduce |
---|
5938 | | - | 173.18the prevalence of organohalogenated chemicals in products derived from recycled covered |
---|
5939 | | - | 173.19products; and |
---|
5940 | | - | 173.20 (31) a description of how the stewardship organization will, where feasible, assist |
---|
5941 | | - | 173.21producers in reducing the occurrence of organohalogenated chemicals in covered products. |
---|
5942 | | - | 173.22 (b) By January 1, 2028, and by April 1 each year thereafter, the stewardship organization |
---|
5943 | | - | 173.23must submit an anticipated annual budget for the stewardship program, broken down into |
---|
5944 | | - | 173.24the stewardship program's estimated costs for administration, collection, sorting, storage, |
---|
5945 | | - | 173.25transportation, processing, refurbishment, repair, reuse, recycling, disposal, and |
---|
5946 | | - | 173.26communication costs, including the cost of fees under section 115A.1339 but not including |
---|
5947 | | - | 173.27costs for lobbying, costs associated with litigation against the state, or penalties imposed |
---|
5948 | | - | 173.28by the state. The budget is not subject to review and approval under subdivisions 4 and 5. |
---|
5949 | | - | 173.29 Subd. 3.Convenience standards.(a) The stewardship plan must provide convenient, |
---|
5950 | | - | 173.30statewide collection for all covered products that are offered to collectors by a person in the |
---|
5951 | | - | 173.31state, regardless of: |
---|
5952 | | - | 173.32 (1) a covered product's brand; |
---|
5953 | | - | 173.33 (2) a covered battery's energy capacity or chemistry; |
---|
5954 | | - | 173Article 6 Sec. 5. |
---|
5955 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 174.1 (3) whether the producer of a covered product is a participant in the stewardship program; |
---|
5956 | | - | 174.2or |
---|
5957 | | - | 174.3 (4) whether the brand of a covered product is covered under the stewardship program. |
---|
5958 | | - | 174.4 (b) The stewardship plan must meet the following convenience standards: |
---|
5959 | | - | 174.5 (1) for each county with a population of 10,000 or less, maintain at least two full |
---|
5960 | | - | 174.6collection sites; |
---|
5961 | | - | 174.7 (2) for each county with a population greater than 10,000 but less than or equal to |
---|
5962 | | - | 174.8100,000, maintain at least two full collection sites and at least one additional full collection |
---|
5963 | | - | 174.9site for each additional 10,000 in population above a population of 10,000; |
---|
5964 | | - | 174.10 (3) for each county with a population greater than 100,000, maintain at least 11 full |
---|
5965 | | - | 174.11collection sites and at least one additional full collection site for each additional 50,000 in |
---|
5966 | | - | 174.12population above a population of 100,000; |
---|
5967 | | - | 174.13 (4) maintain a full collection site located within ten miles of the household of at least |
---|
5968 | | - | 174.1495 percent of the residents of the state; |
---|
5969 | | - | 174.15 (5) ensure no net loss in estimated collection convenience and capacity for covered |
---|
5970 | | - | 174.16products of any type; and |
---|
5971 | | - | 174.17 (6) any additional convenience standards that the commissioner determines are necessary |
---|
5972 | | - | 174.18to provide convenient, statewide collection for covered products, including operation of |
---|
5973 | | - | 174.19partial collection sites and additional full collection sites. |
---|
5974 | | - | 174.20 (c) In making a determination under paragraph (b), clause (6), the commissioner may |
---|
5975 | | - | 174.21consider data submitted according to section 115A.1337, subdivision 5; the volume of |
---|
5976 | | - | 174.22covered products collected; the estimated volume of covered products sold in or into the |
---|
5977 | | - | 174.23state; the estimated volume of covered products disposed of in the state; the stewardship |
---|
5978 | | - | 174.24organization's plans under subdivision 2, paragraph (a), clause (28); and other information |
---|
5979 | | - | 174.25related to the effectiveness of the stewardship program. |
---|
5980 | | - | 174.26 Subd. 4.Review of stewardship plan; implementation.(a) Within 120 days after |
---|
5981 | | - | 174.27receiving a complete stewardship plan submitted under this section, the commissioner must |
---|
5982 | | - | 174.28determine whether the stewardship plan complies with the requirements of this section and |
---|
5983 | | - | 174.29will ensure that elements required by subdivision 2, paragraph (a), will be met to the |
---|
5984 | | - | 174.30maximum extent practicable. The commissioner must provide a written notice of |
---|
5985 | | - | 174.31determination according to this subdivision. |
---|
5986 | | - | 174Article 6 Sec. 5. |
---|
5987 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 175.1 (b) In conducting a review of a stewardship plan, the commissioner may consult with |
---|
5988 | | - | 175.2interested parties. |
---|
5989 | | - | 175.3 (c) For at least 30 days and before approving a stewardship plan, the commissioner must |
---|
5990 | | - | 175.4place the stewardship plan on the agency's publicly accessible website for public review |
---|
5991 | | - | 175.5and comment. |
---|
5992 | | - | 175.6 (d) If the commissioner determines that a stewardship plan fails to meet the requirements |
---|
5993 | | - | 175.7of this section or will not ensure that elements required by subdivision 2, paragraph (a), will |
---|
5994 | | - | 175.8be met to the maximum extent practicable, the commissioner must reject the stewardship |
---|
5995 | | - | 175.9plan. The commissioner must provide a written notice of determination to the stewardship |
---|
5996 | | - | 175.10organization describing the reasons for the rejection. |
---|
5997 | | - | 175.11 (e) After any consultation under paragraph (b) and review of public comments received |
---|
5998 | | - | 175.12under paragraph (c), if the commissioner determines that a stewardship plan meets the |
---|
5999 | | - | 175.13requirements of subdivision 2, the commissioner must approve the stewardship plan. The |
---|
6000 | | - | 175.14commissioner must provide a written notice of determination to the stewardship organization. |
---|
6001 | | - | 175.15 (f) The stewardship organization must publish its approved stewardship plan on its |
---|
6002 | | - | 175.16publicly accessible website within 30 days after receiving written notice of approval but is |
---|
6003 | | - | 175.17not required to publish nonpublic data as defined under chapter 13. The commissioner may |
---|
6004 | | - | 175.18publish the approved stewardship plan on the agency's publicly accessible website but must |
---|
6005 | | - | 175.19not publish nonpublic data. |
---|
6006 | | - | 175.20 (g) The stewardship organization must implement the stewardship plan approved by the |
---|
6007 | | - | 175.21commissioner, including any amendments to the stewardship plan that are approved by the |
---|
6008 | | - | 175.22commissioner according to subdivision 5, within 60 days after receiving written notice of |
---|
6009 | | - | 175.23approval. |
---|
6010 | | - | 175.24 (h) For each stewardship plan or amendment submitted to the commissioner for review, |
---|
6011 | | - | 175.25the commissioner may consider the data submitted according to section 115A.1337, |
---|
6012 | | - | 175.26subdivision 5, and other relevant information to establish requirements to improve the |
---|
6013 | | - | 175.27effectiveness, performance, and awareness of the stewardship program. |
---|
6014 | | - | 175.28 Subd. 5.Amending or terminating stewardship plan.(a) The stewardship organization |
---|
6015 | | - | 175.29may amend a stewardship plan approved under subdivision 4 without review or approval |
---|
6016 | | - | 175.30by the commissioner to make the changes specified in clauses (1) to (3). Within 30 days |
---|
6017 | | - | 175.31after adopting an amendment under this paragraph, the stewardship organization must report |
---|
6018 | | - | 175.32the amendment to the commissioner and must publish the amended stewardship plan on the |
---|
6019 | | - | 175.33stewardship organization's publicly accessible website. The stewardship organization must |
---|
6020 | | - | 175Article 6 Sec. 5. |
---|
6021 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 176.1implement amendments made to a stewardship plan under this paragraph within 60 days |
---|
6022 | | - | 176.2after adopting the amendment. The stewardship organization may: |
---|
6023 | | - | 176.3 (1) add, terminate, or replace a collector, collection site, person providing covered |
---|
6024 | | - | 176.4services, or facility at which covered services will be performed; |
---|
6025 | | - | 176.5 (2) add or remove participants or brands covered under the stewardship plan; or |
---|
6026 | | - | 176.6 (3) change contact staff or contact staff information for the stewardship organization, |
---|
6027 | | - | 176.7participants, collectors, persons transporting covered products or other electrical products, |
---|
6028 | | - | 176.8or facilities to be used for storage, processing, recycling, or disposal. |
---|
6029 | | - | 176.9 (b) Except for an amendment under paragraph (a), a proposed amendment to a |
---|
6030 | | - | 176.10stewardship plan approved under subdivision 4 must be submitted to and reviewed and |
---|
6031 | | - | 176.11approved by the commissioner before it may be implemented by the stewardship organization. |
---|
6032 | | - | 176.12The commissioner must review and approve or reject the proposed amendment according |
---|
6033 | | - | 176.13to subdivision 4. |
---|
6034 | | - | 176.14 (c) The stewardship organization with an approved stewardship plan must submit an |
---|
6035 | | - | 176.15amended stewardship plan for review at least every five years according to this subdivision |
---|
6036 | | - | 176.16and subdivision 4 if the commissioner has not during that time approved amendments |
---|
6037 | | - | 176.17submitted for review under paragraph (b). |
---|
6038 | | - | 176.18 (d) The stewardship organization may terminate a stewardship plan by providing at least |
---|
6039 | | - | 176.1990 days' written notice to the commissioner and to all participants in the stewardship program. |
---|
6040 | | - | 176.20Before the stewardship plan is terminated, each participant must meet the requirements of |
---|
6041 | | - | 176.21section 115A.1335, subdivision 1, by contracting with a new stewardship organization, |
---|
6042 | | - | 176.22which must submit and obtain the commissioner's approval for a stewardship plan. |
---|
6043 | | - | 176.23 (e) The commissioner may terminate a stewardship plan for good cause, such as |
---|
6044 | | - | 176.24significant noncompliance with this section; failure to ensure that covered products and |
---|
6045 | | - | 176.25other electrical products collected in the state are being managed in responsible markets |
---|
6046 | | - | 176.26and according to subdivision 2, paragraph (a), clauses (13) to (15); failure to timely submit |
---|
6047 | | - | 176.27a stewardship plan for review according to paragraph (c); or failure to pay fees assessed |
---|
6048 | | - | 176.28under section 115A.1339. If the commissioner terminates a stewardship plan, the |
---|
6049 | | - | 176.29commissioner must provide the stewardship organization with written notice of termination |
---|
6050 | | - | 176.30describing the good cause for termination. The commissioner must also notify all participants |
---|
6051 | | - | 176.31in the stewardship program in writing using the contact information for the participants |
---|
6052 | | - | 176.32provided in the stewardship plan. |
---|
6053 | | - | 176Article 6 Sec. 5. |
---|
6054 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 177.1 Subd. 6.Compliance.(a) The stewardship organization must comply with its stewardship |
---|
6055 | | - | 177.2plan approved by the commissioner, including any amendments to the stewardship plan |
---|
6056 | | - | 177.3that are made according to subdivision 5, paragraph (a) or (b). |
---|
6057 | | - | 177.4 (b) The stewardship organization must comply with the reimbursement rates approved |
---|
6058 | | - | 177.5by the commissioner. |
---|
6059 | | - | 177.6 (c) The stewardship organization must ensure that all costs of the stewardship program |
---|
6060 | | - | 177.7are fully paid for by producers as a whole, except for de minimis producers. All costs of |
---|
6061 | | - | 177.8the stewardship program must be allocated fairly between groups of producers without any |
---|
6062 | | - | 177.9fee, charge, surcharge, or any other cost to: |
---|
6063 | | - | 177.10 (1) any member of the public; |
---|
6064 | | - | 177.11 (2) any business other than a producer; |
---|
6065 | | - | 177.12 (3) any collector; |
---|
6066 | | - | 177.13 (4) any person providing covered services; |
---|
6067 | | - | 177.14 (5) the state or any political subdivision; |
---|
6068 | | - | 177.15 (6) de minimis producers; or |
---|
6069 | | - | 177.16 (7) any other person who is not a producer. |
---|
6070 | | - | 177.17 (d) In implementing paragraph (c), the stewardship organization must ensure that costs |
---|
6071 | | - | 177.18of managing covered products and other electrical products produced by a group of producers |
---|
6072 | | - | 177.19are not shifted to nor borne by any other group of producers. |
---|
6073 | | - | 177.20 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
6074 | | - | 177.21Sec. 6. [115A.1337] STEWARDSHIP ORGANIZATION DUTIES. |
---|
6075 | | - | 177.22 Subdivision 1.Duties to collectors.(a) The stewardship organization must provide the |
---|
6076 | | - | 177.23following to each collector: |
---|
6077 | | - | 177.24 (1) reimbursement at the rates approved by the commissioner; |
---|
6078 | | - | 177.25 (2) all covered services after the initial collection of covered products and other electrical |
---|
6079 | | - | 177.26products by the collector; |
---|
6080 | | - | 177.27 (3) containers as described in section 115A.1347, subdivision 1, paragraph (d); |
---|
6081 | | - | 177.28 (4) consistent signage identifying a collection site; |
---|
6082 | | - | 177.29 (5) training for collection site employees on identifying and safely handling and storing |
---|
6083 | | - | 177.30covered batteries and covered products that have covered batteries contained within them |
---|
6084 | | - | 177Article 6 Sec. 6. |
---|
6085 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 178.1or otherwise attached or connected to them, including damaged, defective, or recalled |
---|
6086 | | - | 178.2batteries, also known as DDR batteries; |
---|
6087 | | - | 178.3 (6) educational materials that address the information described in subdivision 4, |
---|
6088 | | - | 178.4paragraph (a), clause (3), for distribution to members of the public and businesses in |
---|
6089 | | - | 178.5Minnesota. The educational materials must be made available in English and at least the |
---|
6090 | | - | 178.6three most frequent languages spoken at home in the state other than English, according to |
---|
6091 | | - | 178.7the state demographer; and |
---|
6092 | | - | 178.8 (7) direction to an alternate collector whenever a collector determines and reports to the |
---|
6093 | | - | 178.9stewardship organization, according to section 115A.1341, subdivision 1, paragraph (e), |
---|
6094 | | - | 178.10that the collector cannot safely collect a covered product. The stewardship organization |
---|
6095 | | - | 178.11must ensure that the covered product is collected by another collector. |
---|
6096 | | - | 178.12 (b) The stewardship organization must allow a collector to perform covered services |
---|
6097 | | - | 178.13other than collection if the collector meets the performance standards in the stewardship |
---|
6098 | | - | 178.14plan under section 115A.1335, subdivision 2, paragraph (a), clause (13), and the collector |
---|
6099 | | - | 178.15is identified in the stewardship plan as providing covered services other than collection |
---|
6100 | | - | 178.16according to section 115A.1335, subdivision 2, paragraph (a), clause (4). |
---|
6101 | | - | 178.17 (c) For covered services provided under paragraph (b), the stewardship organization |
---|
6102 | | - | 178.18must reimburse the collector for the cost of the performed covered services according to |
---|
6103 | | - | 178.19section 115A.1335, subdivision 2, paragraph (a), clause (21). |
---|
6104 | | - | 178.20 (d) A collector may request the stewardship organization to add a person to provide |
---|
6105 | | - | 178.21covered services to the stewardship plan as an amendment under section 115A.1335, |
---|
6106 | | - | 178.22subdivision 5, paragraph (a), and the stewardship organization must consider the request if |
---|
6107 | | - | 178.23the person meets the performance standards in the stewardship plan. |
---|
6108 | | - | 178.24 Subd. 2.Accessibility.(a) The stewardship organization must provide convenient, |
---|
6109 | | - | 178.25equitable, and accessible service to all Minnesotans, including but not limited to people of |
---|
6110 | | - | 178.26color; Minnesota Tribal governments as defined in section 10.65, subdivision 2; those that |
---|
6111 | | - | 178.27are non-English speaking; immigrant and refugee communities; those with limited access |
---|
6112 | | - | 178.28to transportation; and those in environmental justice areas. |
---|
6113 | | - | 178.29 (b) The stewardship program must include collection opportunities beyond those required |
---|
6114 | | - | 178.30under section 115A.1335, subdivision 3, to better serve populations under paragraph (a), |
---|
6115 | | - | 178.31such as additional partial collection sites, individual pickup from households, and temporary |
---|
6116 | | - | 178.32events to provide enhanced collection availability. |
---|
6117 | | - | 178Article 6 Sec. 6. |
---|
6118 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 179.1 (c) Where feasible, the stewardship organization must encourage establishing collection |
---|
6119 | | - | 179.2sites in proximity to local public transit. |
---|
6120 | | - | 179.3 Subd. 3.Oversight; eligibility of persons providing covered services.(a) The |
---|
6121 | | - | 179.4stewardship organization must ensure that: |
---|
6122 | | - | 179.5 (1) covered products and other electrical products managed under the stewardship |
---|
6123 | | - | 179.6program are recycled to the maximum extent practicable in accordance with section 115A.02, |
---|
6124 | | - | 179.7paragraph (b); and |
---|
6125 | | - | 179.8 (2) residual materials are managed in compliance with applicable hazardous waste or |
---|
6126 | | - | 179.9solid waste requirements by: |
---|
6127 | | - | 179.10 (i) each person transporting covered products or other electrical products; and |
---|
6128 | | - | 179.11 (ii) each facility listed in the stewardship plan at which storage, processing, recycling, |
---|
6129 | | - | 179.12or disposal of covered products and other electrical products is performed. |
---|
6130 | | - | 179.13 (b) To ensure that covered products and other electrical products are managed to the |
---|
6131 | | - | 179.14maximum extent practicable in accordance with section 115A.02, paragraph (b), the |
---|
6132 | | - | 179.15commissioner may require performance standards and oversight methods in lieu of or in |
---|
6133 | | - | 179.16addition to the performance standards and oversight methods used by a stewardship |
---|
6134 | | - | 179.17organization under paragraph (a) and section 115A.1335, subdivision 2, paragraph (a), |
---|
6135 | | - | 179.18clause (13), for persons providing covered services for covered products and other electrical |
---|
6136 | | - | 179.19products. The commissioner may consider data submitted under subdivision 5; the availability |
---|
6137 | | - | 179.20and feasibility of technology, processes, and methods for managing covered products and |
---|
6138 | | - | 179.21other electrical products; and other information related to the effectiveness of the stewardship |
---|
6139 | | - | 179.22program. |
---|
6140 | | - | 179.23 (c) The stewardship organization must allow any person that agrees to operate or |
---|
6141 | | - | 179.24continues to operate a full collection site in compliance with section 115A.1341 and any |
---|
6142 | | - | 179.25household hazardous waste collection program to serve as a collector. The stewardship |
---|
6143 | | - | 179.26organization must consider allowing any person that agrees to operate or continues to operate |
---|
6144 | | - | 179.27a partial collection site in compliance with section 115A.1341 to serve as a collector. Except |
---|
6145 | | - | 179.28for a household hazardous waste collection program, a stewardship organization may |
---|
6146 | | - | 179.29terminate a collector and cease payment to the collector for good cause. |
---|
6147 | | - | 179.30 Subd. 4.Stewardship program effectiveness.(a) To support the effectiveness of the |
---|
6148 | | - | 179.31stewardship program, the stewardship organization must provide outreach and education |
---|
6149 | | - | 179.32to: |
---|
6150 | | - | 179Article 6 Sec. 6. |
---|
6151 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 180.1 (1) persons that might sell, offer for sale or promotional purposes, or distribute covered |
---|
6152 | | - | 180.2products or other electrical products in or into the state, to inform the persons of the |
---|
6153 | | - | 180.3requirements of section 115A.1347, subdivision 2; |
---|
6154 | | - | 180.4 (2) potential collectors and persons who are collecting covered products before the |
---|
6155 | | - | 180.5effective date of this section to inform the collectors how to request coverage by the |
---|
6156 | | - | 180.6stewardship program; and |
---|
6157 | | - | 180.7 (3) members of the public to raise awareness of: |
---|
6158 | | - | 180.8 (i) public health and safety and environmental risks caused by improperly charging, |
---|
6159 | | - | 180.9storing, and disposing of covered batteries and covered products that have covered batteries |
---|
6160 | | - | 180.10contained within them or otherwise attached or connected to them; |
---|
6161 | | - | 180.11 (ii) public health and environmental risks caused by improperly disposing of covered |
---|
6162 | | - | 180.12products; |
---|
6163 | | - | 180.13 (iii) methods to safely charge and store covered batteries and covered products that have |
---|
6164 | | - | 180.14covered batteries contained within them or otherwise attached or connected to them; |
---|
6165 | | - | 180.15 (iv) the benefits of repairing, reusing, and recycling covered products and other electrical |
---|
6166 | | - | 180.16products in contrast to disposal; and |
---|
6167 | | - | 180.17 (v) the existence of the stewardship program and the ability to recycle covered products |
---|
6168 | | - | 180.18and other electrical products at no cost, including the location and convenience of collection |
---|
6169 | | - | 180.19sites in the state. |
---|
6170 | | - | 180.20 (b) The stewardship organization must maintain a publicly accessible website to locate |
---|
6171 | | - | 180.21collection sites through map-based and text-based searches. |
---|
6172 | | - | 180.22 (c) The stewardship organization must, in addition to the requirements of paragraphs |
---|
6173 | | - | 180.23(a) and (b), take action to decrease the incidence of covered products in solid waste generated |
---|
6174 | | - | 180.24in the state as soon as practicable and to the maximum extent achievable. The commissioner |
---|
6175 | | - | 180.25may determine the effectiveness of the stewardship program using information from waste |
---|
6176 | | - | 180.26composition studies conducted under section 115A.412 and other information available to |
---|
6177 | | - | 180.27the commissioner and may require the stewardship organization to submit information and |
---|
6178 | | - | 180.28implement actions to decrease the incidence of covered products in solid waste in accordance |
---|
6179 | | - | 180.29with section 115A.1335, subdivisions 2, paragraph (a), clause (29); and 3, paragraph (b), |
---|
6180 | | - | 180.30clause (6). |
---|
6181 | | - | 180.31 Subd. 5.Reporting.(a) The stewardship organization must report an amendment to the |
---|
6182 | | - | 180.32stewardship plan made under section 115A.1335, subdivision 5, paragraph (a), to the |
---|
6183 | | - | 180.33commissioner within 30 days after making the amendment. |
---|
6184 | | - | 180Article 6 Sec. 6. |
---|
6185 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 181.1 (b) By April 1 each year, the stewardship organization must report to the commissioner, |
---|
6186 | | - | 181.2in a form and manner prescribed by the commissioner, on the stewardship organization's |
---|
6187 | | - | 181.3activities during the preceding calendar year. The stewardship organization must also submit |
---|
6188 | | - | 181.4a copy of the report to the board. The report must include: |
---|
6189 | | - | 181.5 (1) the address, county of location, and geolocation data for each collection site used by |
---|
6190 | | - | 181.6the stewardship organization under the stewardship program during the preceding calendar |
---|
6191 | | - | 181.7year; |
---|
6192 | | - | 181.8 (2) the number, type, and volume of covered products and other electrical products |
---|
6193 | | - | 181.9collected during each calendar year, specifying the categories of the covered products and |
---|
6194 | | - | 181.10other electrical products and the chemistries of the covered batteries collected, in accordance |
---|
6195 | | - | 181.11with section 115A.1335, subdivision 2, paragraph (a), clause (27); |
---|
6196 | | - | 181.12 (3) the end management, through reuse, repair, reclamation, recycling, or disposal, of |
---|
6197 | | - | 181.13the covered products and other electrical products shipped from collection sites under the |
---|
6198 | | - | 181.14stewardship program, in accordance with section 115A.1335, subdivision 2, paragraph (a), |
---|
6199 | | - | 181.15clause (28); |
---|
6200 | | - | 181.16 (4) the effectiveness of the stewardship organization's actions to decrease the incidence |
---|
6201 | | - | 181.17of covered products in solid waste in the state, in accordance with section 115A.1335, |
---|
6202 | | - | 181.18subdivision 2, paragraph (a), clause (29), including the support of partial collection sites; |
---|
6203 | | - | 181.19 (5) a description of the actions taken by the stewardship organization regarding |
---|
6204 | | - | 181.20identification, management, and reduction in prevalence of organohalogenated chemicals |
---|
6205 | | - | 181.21in covered products under section 115A.1335, subdivision 2, paragraph (a), clauses (30) |
---|
6206 | | - | 181.22and (31); |
---|
6207 | | - | 181.23 (6) the results of the oversight according to section 115A.1335, subdivision 2, paragraph |
---|
6208 | | - | 181.24(a), clause (13), verifying that the performance standards were met by each of the persons |
---|
6209 | | - | 181.25providing covered services; |
---|
6210 | | - | 181.26 (7) a description of outreach and education activities performed by the stewardship |
---|
6211 | | - | 181.27organization during the preceding calendar year according to subdivision 4; |
---|
6212 | | - | 181.28 (8) a financial report on the stewardship program, including actual costs and funding |
---|
6213 | | - | 181.29compared to the budget for the year submitted under section 115A.1335, subdivision 2, |
---|
6214 | | - | 181.30paragraph (b). The financial report must include an audit report of the stewardship program |
---|
6215 | | - | 181.31by an independent auditor. The independent auditor must be selected by the stewardship |
---|
6216 | | - | 181.32organization and approved or rejected by the commissioner. If the commissioner rejects an |
---|
6217 | | - | 181.33independent auditor, the stewardship organization must select a different independent auditor |
---|
6218 | | - | 181Article 6 Sec. 6. |
---|
6219 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 182.1for approval or rejection by the commissioner. The independent audit must meet the |
---|
6220 | | - | 182.2requirements of Accounting Standards Update 2018-08, Not-for-Profit Entities (Topic 958), |
---|
6221 | | - | 182.3Financial Accounting Standards Board, as amended; |
---|
6222 | | - | 182.4 (9) the proposed and actual budget for the year in which the report is submitted; and |
---|
6223 | | - | 182.5 (10) starting on the second April after the stewardship organization's first stewardship |
---|
6224 | | - | 182.6plan is approved by the commissioner, and then every third year thereafter, a performance |
---|
6225 | | - | 182.7audit of the stewardship program. The performance audit must conform to audit standards |
---|
6226 | | - | 182.8established by the United States Government Accountability Office; the National Association |
---|
6227 | | - | 182.9of State Auditors, Comptrollers and Treasurers; or another nationally recognized organization |
---|
6228 | | - | 182.10approved by the commissioner. |
---|
6229 | | - | 182.11 Subd. 6.Organization of the stewardship organization.(a) The stewardship |
---|
6230 | | - | 182.12organization may function as a coordinating board and contract, subcontract, or partner with |
---|
6231 | | - | 182.13any other person to administer and implement the stewardship program. |
---|
6232 | | - | 182.14 (b) A contract, subcontract, or partnership established according to paragraph (a) must |
---|
6233 | | - | 182.15be described under section 115A.1335, subdivision 2, paragraph (a), clause (2). |
---|
6234 | | - | 182.16 (c) Notwithstanding any contract, subcontract, or partnership established according to |
---|
6235 | | - | 182.17paragraph (a), the stewardship organization must: |
---|
6236 | | - | 182.18 (1) remain responsible for compliance with sections 115A.1331 to 115A.1347; |
---|
6237 | | - | 182.19 (2) submit a single stewardship plan meeting the requirements of sections 115A.1331 |
---|
6238 | | - | 182.20to 115A.1347; |
---|
6239 | | - | 182.21 (3) submit a single report according to subdivision 5 meeting the requirements of sections |
---|
6240 | | - | 182.22115A.1331 to 115A.1347; |
---|
6241 | | - | 182.23 (4) serve as the single point of contact for reporting and reimbursement for: |
---|
6242 | | - | 182.24 (i) each collector; |
---|
6243 | | - | 182.25 (ii) each person providing covered services for covered products or other electrical |
---|
6244 | | - | 182.26products, including any collector that will perform covered services other than collection; |
---|
6245 | | - | 182.27and |
---|
6246 | | - | 182.28 (iii) each facility at which covered products and other electrical products will be managed |
---|
6247 | | - | 182.29under the stewardship plan; and |
---|
6248 | | - | 182.30 (5) serve as the single point of contact for the agency. |
---|
6249 | | - | 182.31 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
6250 | | - | 182Article 6 Sec. 6. |
---|
6251 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 183.1Sec. 7. [115A.1339] FEES. |
---|
6252 | | - | 183.2 Subdivision 1.Administrative fees.(a) By January 1, 2028, and by July 1 each year |
---|
6253 | | - | 183.3thereafter, the commissioner must calculate the sum of all costs that the agency incurs under |
---|
6254 | | - | 183.4sections 115A.1331 to 115A.1347, exclusive of recovery and management of covered |
---|
6255 | | - | 183.5products under subdivision 2. The sum calculated for the period preceding January 1, 2028, |
---|
6256 | | - | 183.6must include the agency's costs of implementing sections 115A.1331 to 115A.1347. For |
---|
6257 | | - | 183.7the purposes of this paragraph, costs of the board are considered costs incurred by the |
---|
6258 | | - | 183.8agency. |
---|
6259 | | - | 183.9 (b) Notwithstanding section 16A.1283, the commissioner must assess administrative |
---|
6260 | | - | 183.10fees at an amount that is adequate to reimburse the agency's sum costs of administering |
---|
6261 | | - | 183.11sections 115A.1331 to 115A.1347. The stewardship organization must pay the assessed |
---|
6262 | | - | 183.12administrative fees by the due dates set by the commissioner. |
---|
6263 | | - | 183.13 Subd. 2.Recovery and proper management fees.(a) When the commissioner intends |
---|
6264 | | - | 183.14to spend money for the recovery and proper management of covered products under section |
---|
6265 | | - | 183.15115A.1343, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess |
---|
6266 | | - | 183.16the estimated cost of recovery and proper management of covered products to the stewardship |
---|
6267 | | - | 183.17organization. |
---|
6268 | | - | 183.18 (b) The cost under paragraph (a) must not include any subsequent remediation of the |
---|
6269 | | - | 183.19real properties where the covered products are located nor the cost of any environmental |
---|
6270 | | - | 183.20assessment of the properties to determine appropriate subsequent remediation under other |
---|
6271 | | - | 183.21law. Such costs must not be paid from any funds assessed, collected, or appropriated under |
---|
6272 | | - | 183.22this section. The stewardship organization must pay the assessed recovery and management |
---|
6273 | | - | 183.23fee by the due date set by the commissioner. |
---|
6274 | | - | 183.24 (c) If, after the covered products have been recovered and properly managed, the actual |
---|
6275 | | - | 183.25cost of recovery and proper management of the recovered products is less than the fee paid |
---|
6276 | | - | 183.26by the stewardship organization, the commissioner must refund the excess payment. If the |
---|
6277 | | - | 183.27cost of recovery and proper management exceeds the fee paid by the stewardship |
---|
6278 | | - | 183.28organization, the commissioner must assess the stewardship organization for the deficit. |
---|
6279 | | - | 183.29The stewardship organization must pay the assessed recovery and management fee deficit |
---|
6280 | | - | 183.30by the due date set by the commissioner. |
---|
6281 | | - | 183.31 Subd. 3.Disposition of fees.The total amount of net fees collected under this section |
---|
6282 | | - | 183.32must not exceed the amount necessary to reimburse agency costs as calculated under |
---|
6283 | | - | 183.33subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the |
---|
6284 | | - | 183.34state treasury and credited to a product stewardship account in the special revenue fund. |
---|
6285 | | - | 183Article 6 Sec. 7. |
---|
6286 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 184.1The amount collected under this section is annually appropriated to the commissioner to |
---|
6287 | | - | 184.2implement and enforce sections 115A.1331 to 115A.1347. |
---|
6288 | | - | 184.3 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
6289 | | - | 184.4Sec. 8. [115A.1341] COLLECTOR DUTIES. |
---|
6290 | | - | 184.5 Subdivision 1.Accepting covered products.(a) All collectors must accept covered |
---|
6291 | | - | 184.6products without imposing a fee, charge, surcharge, or other cost to any person other than |
---|
6292 | | - | 184.7the stewardship organization. |
---|
6293 | | - | 184.8 (b) At a full collection site, a collector must accept from any person at least ten covered |
---|
6294 | | - | 184.9products daily of any brand, any type, any physical size, and, in the case of covered batteries |
---|
6295 | | - | 184.10and covered products that have covered batteries contained within them or otherwise attached |
---|
6296 | | - | 184.11or connected to them, any energy capacity or chemistry, unless the collector determines a |
---|
6297 | | - | 184.12specific covered product cannot be safely collected by the collector at a specific collection |
---|
6298 | | - | 184.13site at a specific time under paragraph (e). A full collection site must be open to receiving |
---|
6299 | | - | 184.14covered products at least 12 operating hours per week, 50 weeks each calendar year. |
---|
6300 | | - | 184.15 (c) At a partial collection site, a collector must accept from any person covered products |
---|
6301 | | - | 184.16of any brand, but may limit the number, type, physical size, and, in the case of covered |
---|
6302 | | - | 184.17batteries and covered products that have covered batteries contained within them or otherwise |
---|
6303 | | - | 184.18attached or connected to them, the energy capacity or chemistry of the covered battery of |
---|
6304 | | - | 184.19the covered products accepted. |
---|
6305 | | - | 184.20 (d) A household hazardous waste collection program may accept covered products at |
---|
6306 | | - | 184.21any collection site it operates. The household hazardous waste collection program may limit |
---|
6307 | | - | 184.22the persons from which it will accept covered products and may limit the number, type, |
---|
6308 | | - | 184.23physical size, and, in the case of covered batteries and covered products that have covered |
---|
6309 | | - | 184.24batteries contained within them or otherwise attached or connected to them, the energy |
---|
6310 | | - | 184.25capacity or chemistry of the covered battery of the covered products accepted. The |
---|
6311 | | - | 184.26stewardship organization may count a collection site operated by the household hazardous |
---|
6312 | | - | 184.27waste collection program as a full collection site when demonstrating compliance with the |
---|
6313 | | - | 184.28convenience standards of section 115A.1335, subdivision 3, if the household hazardous |
---|
6314 | | - | 184.29waste collection program voluntarily agrees in writing with the stewardship organization |
---|
6315 | | - | 184.30to comply with paragraph (b) at the site. |
---|
6316 | | - | 184.31 (e) A collector that determines that it cannot safely accept a specific covered product |
---|
6317 | | - | 184.32must document the reason for not accepting the covered product and immediately notify |
---|
6318 | | - | 184.33the stewardship organization of the nonacceptance in order to allow the stewardship |
---|
6319 | | - | 184Article 6 Sec. 8. |
---|
6320 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 185.1organization to arrange for alternate collection of the covered product under section |
---|
6321 | | - | 185.2115A.1337, subdivision 1, paragraph (a), clause (7). |
---|
6322 | | - | 185.3 Subd. 2.Accepting other electrical products.A collector may accept other electrical |
---|
6323 | | - | 185.4products from a person. If a collector accepts other electrical products, the collector may |
---|
6324 | | - | 185.5not impose a fee, charge, surcharge, or other cost to any person other than the stewardship |
---|
6325 | | - | 185.6organization. |
---|
6326 | | - | 185.7 Subd. 3.Storing accepted products.A collector must manage and store all accepted |
---|
6327 | | - | 185.8covered products and other electrical products safely and in compliance with section |
---|
6328 | | - | 185.9115A.1347, subdivision 1, paragraphs (c) and (d). |
---|
6329 | | - | 185.10 Subd. 4.Training.A collector must ensure and document that training is provided for |
---|
6330 | | - | 185.11collection site employees on identifying and safely handling and storing covered batteries |
---|
6331 | | - | 185.12and covered products that have covered batteries contained within them or otherwise attached |
---|
6332 | | - | 185.13or connected to them, including damaged, defective, or recalled batteries, also known as |
---|
6333 | | - | 185.14DDR batteries. The collector may provide the training or may receive training from the |
---|
6334 | | - | 185.15stewardship organization or the stewardship organization's representative. |
---|
6335 | | - | 185.16 Subd. 5.Recordkeeping.A collector must maintain the following records for at least |
---|
6336 | | - | 185.17three years and make them available to the commissioner for inspection: |
---|
6337 | | - | 185.18 (1) records of covered products and other electrical products accepted at a collection |
---|
6338 | | - | 185.19site; |
---|
6339 | | - | 185.20 (2) records of covered products and other electrical products shipped from a collection |
---|
6340 | | - | 185.21site; and |
---|
6341 | | - | 185.22 (3) documentation of employee training. The three-year record retention period for |
---|
6342 | | - | 185.23employee documentation begins on the day following the last day the employee worked for |
---|
6343 | | - | 185.24the collector. |
---|
6344 | | - | 185.25 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
6345 | | - | 185.26Sec. 9. [115A.1343] COVERED PRODUCTS RECOVERY AND PROPER |
---|
6346 | | - | 185.27MANAGEMENT . |
---|
6347 | | - | 185.28 Subdivision 1.Recovery and proper management.(a) In addition to any authority |
---|
6348 | | - | 185.29granted by other law and without limiting that authority, whenever the commissioner |
---|
6349 | | - | 185.30determines that covered products have been abandoned, improperly disposed of, or stored |
---|
6350 | | - | 185.31on real property within the state in a manner not in compliance with sections 115A.1331 to |
---|
6351 | | - | 185.32115A.1347 or with applicable rules adopted under section 116.07, subdivision 2, paragraph |
---|
6352 | | - | 185Article 6 Sec. 9. |
---|
6353 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 186.1(d), or 4, paragraph (g), the commissioner may issue an order under section 115.071, |
---|
6354 | | - | 186.2subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible |
---|
6355 | | - | 186.3for the abandonment, improper disposal, or noncompliant storage of the covered products |
---|
6356 | | - | 186.4to recover and properly manage the covered products according to sections 115A.1331 to |
---|
6357 | | - | 186.5115A.1347 and applicable rules. An order under this paragraph must notify the person of |
---|
6358 | | - | 186.6the provisions of this subdivision. |
---|
6359 | | - | 186.7 (b) If a person that receives an order under paragraph (a) fails to complete the ordered |
---|
6360 | | - | 186.8actions to recover and properly manage the covered products within the time specified in |
---|
6361 | | - | 186.9the order, then after that time or upon expiration of the appeal period for the order, whichever |
---|
6362 | | - | 186.10is later, the commissioner must notify the stewardship organization in writing of: |
---|
6363 | | - | 186.11 (1) the commissioner's determination that the covered products have been abandoned, |
---|
6364 | | - | 186.12improperly disposed of, or stored in a noncompliant manner; |
---|
6365 | | - | 186.13 (2) the name of the person that was issued the order under paragraph (a) and the location |
---|
6366 | | - | 186.14of the covered products; |
---|
6367 | | - | 186.15 (3) the actions required to recover and properly manage the covered products; and |
---|
6368 | | - | 186.16 (4) the amount of time that the stewardship organization may, with the consent of the |
---|
6369 | | - | 186.17person, attempt to complete the actions to recover and properly manage the covered products |
---|
6370 | | - | 186.18on behalf of the person. |
---|
6371 | | - | 186.19 (c) If the stewardship organization intends to recover and properly manage the covered |
---|
6372 | | - | 186.20products, the stewardship organization must notify the commissioner of its intent and submit |
---|
6373 | | - | 186.21a plan to recover and properly manage the covered products to the commissioner. The |
---|
6374 | | - | 186.22stewardship organization must comply with its submitted recovery and management plan. |
---|
6375 | | - | 186.23 (d) If, after the period specified in paragraph (b), the ordered actions to recover and |
---|
6376 | | - | 186.24properly manage the covered products have not been completed, or upon earlier notice from |
---|
6377 | | - | 186.25the stewardship organization that it does not intend to take the actions, the commissioner |
---|
6378 | | - | 186.26may recover and properly manage the covered products. The commissioner must estimate |
---|
6379 | | - | 186.27the cost for a person contracted to the agency to perform the recovery and management. |
---|
6380 | | - | 186.28The commissioner must assess the estimated cost to the stewardship organization according |
---|
6381 | | - | 186.29to section 115A.1339, subdivision 2. After the stewardship organization pays the assessed |
---|
6382 | | - | 186.30fee, the commissioner may recover and properly manage the covered products. Money |
---|
6383 | | - | 186.31appropriated to the commissioner from the product stewardship account may be spent by |
---|
6384 | | - | 186.32the commissioner to recover and properly manage the covered products. |
---|
6385 | | - | 186Article 6 Sec. 9. |
---|
6386 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 187.1 (e) In addition to the authority to enter upon any public or private property for the purpose |
---|
6387 | | - | 187.2of obtaining information or conducting surveys or investigations under section 115A.06, |
---|
6388 | | - | 187.3the commissioner or any designee or agent may enter upon the property to recover covered |
---|
6389 | | - | 187.4products when acting under this subdivision. |
---|
6390 | | - | 187.5 Subd. 2.Limited private right of action for recovery and proper management.(a) |
---|
6391 | | - | 187.6The stewardship organization that recovers and properly manages covered products under |
---|
6392 | | - | 187.7subdivision 1, paragraph (c), may maintain a civil action against a person issued an order |
---|
6393 | | - | 187.8to recover and properly manage those covered products under subdivision 1, paragraph (a). |
---|
6394 | | - | 187.9The stewardship organization is entitled to damages under this paragraph of twice its actual |
---|
6395 | | - | 187.10cost of recovery and proper management of the covered products. Additional amounts |
---|
6396 | | - | 187.11recoverable under this paragraph include an award of reasonable attorney fees and costs. |
---|
6397 | | - | 187.12 (b) When the stewardship organization is assessed and pays the cost to recover and |
---|
6398 | | - | 187.13properly manage covered products under subdivision 1, paragraph (d), and section |
---|
6399 | | - | 187.14115A.1339, subdivision 2, the stewardship organization may maintain a civil action against |
---|
6400 | | - | 187.15a person issued an order to recover and properly manage those covered products under |
---|
6401 | | - | 187.16subdivision 1, paragraph (a). The stewardship organization is entitled to damages under this |
---|
6402 | | - | 187.17paragraph equal to the cost of recovery and proper management of covered products assessed |
---|
6403 | | - | 187.18by the commissioner to the stewardship organization. Additional amounts recoverable under |
---|
6404 | | - | 187.19this paragraph include an award of reasonable attorney fees and costs. |
---|
6405 | | - | 187.20 (c) The commissioner may not be a party to or be required to provide assistance or |
---|
6406 | | - | 187.21otherwise participate in a civil action authorized under this subdivision unless subject to a |
---|
6407 | | - | 187.22subpoena before a court of jurisdiction. |
---|
6408 | | - | 187.23 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
6409 | | - | 187.24Sec. 10. [115A.1345] OTHER AUTHORITIES AND DUTIES. |
---|
6410 | | - | 187.25 Subdivision 1.Limited private right of action against producers.(a) Except as |
---|
6411 | | - | 187.26provided in paragraph (d), the stewardship organization may maintain a civil action against |
---|
6412 | | - | 187.27one or more producers, except a de minimis producer, to recover a portion of the stewardship |
---|
6413 | | - | 187.28organization's costs and additional amounts according to this subdivision. |
---|
6414 | | - | 187.29 (b) Damages recoverable under this subdivision may not exceed a fair share of the actual |
---|
6415 | | - | 187.30costs incurred by the plaintiff stewardship organization in managing covered products or |
---|
6416 | | - | 187.31other electrical products of a defendant producer subject to section 115A.1347, subdivision |
---|
6417 | | - | 187.322, paragraph (b), and covered products or other electrical products of other producers that |
---|
6418 | | - | 187.33were not participants. Additional amounts recoverable under this subdivision include an |
---|
6419 | | - | 187Article 6 Sec. 10. |
---|
6420 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 188.1award of reasonable attorney fees and costs. If a defendant producer did not participate in |
---|
6421 | | - | 188.2the stewardship program established under sections 115A.1331 to 115A.1347 during the |
---|
6422 | | - | 188.3period in which covered products or other electrical products of the defendant producer |
---|
6423 | | - | 188.4were managed by the plaintiff stewardship organization, a punitive sum of up to three times |
---|
6424 | | - | 188.5the damages awarded may be assessed. |
---|
6425 | | - | 188.6 (c) A plaintiff stewardship organization may establish a defendant producer's fair share |
---|
6426 | | - | 188.7of the plaintiff's actual costs by providing the court with information establishing the process |
---|
6427 | | - | 188.8by which the defendant producer's share of stewardship program costs would have been |
---|
6428 | | - | 188.9allocated had the defendant producer been a participant in the program or paid its allocated |
---|
6429 | | - | 188.10share if it was a participant. The plaintiff stewardship organization may use data from |
---|
6430 | | - | 188.11producers similar in covered product, financial status, or market share to the defendant |
---|
6431 | | - | 188.12producer to provide the information. |
---|
6432 | | - | 188.13 (d) An action may not be commenced under this subdivision against a potential defendant |
---|
6433 | | - | 188.14producer until 60 days after the plaintiff stewardship organization provides to all potential |
---|
6434 | | - | 188.15defendants a written notice of the claim setting forth the amount of the claim and the basis |
---|
6435 | | - | 188.16for the calculation of the amount. |
---|
6436 | | - | 188.17 (e) No action may be brought under this subdivision against a person other than a |
---|
6437 | | - | 188.18producer. |
---|
6438 | | - | 188.19 (f) The commissioner may not be a party to or be required to provide assistance or |
---|
6439 | | - | 188.20otherwise participate in a civil action authorized under this subdivision unless subject to a |
---|
6440 | | - | 188.21subpoena before a court of jurisdiction. |
---|
6441 | | - | 188.22 Subd. 2.Conduct authorized.A producer or stewardship organization that organizes |
---|
6442 | | - | 188.23covered services for covered products or other electrical products under sections 115A.1331 |
---|
6443 | | - | 188.24to 115A.1347 is immune from liability for the conduct under state laws relating to antitrust, |
---|
6444 | | - | 188.25restraint of trade, unfair trade practices, and other regulation of trade or commerce only to |
---|
6445 | | - | 188.26the extent that the conduct is necessary to plan and implement the producer's or stewardship |
---|
6446 | | - | 188.27organization's chosen system. |
---|
6447 | | - | 188.28 Subd. 3.Duty to provide information.Upon request of the commissioner for purposes |
---|
6448 | | - | 188.29of implementing sections 115A.1331 to 115A.1347, a person must furnish to the |
---|
6449 | | - | 188.30commissioner any information that the person has or may reasonably obtain. |
---|
6450 | | - | 188.31 Subd. 4.Contracts.(a) Any person awarded a contract under chapter 16C for purchase |
---|
6451 | | - | 188.32or lease of covered products or other electrical products that is found to be in violation of |
---|
6452 | | - | 188.33sections 115A.1331 to 115A.1347 is subject to the following sanctions: |
---|
6453 | | - | 188Article 6 Sec. 10. |
---|
6454 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 189.1 (1) the contract must be voided if the commissioner of administration determines that |
---|
6455 | | - | 189.2the potential adverse impact to the state is exceeded by the benefit obtained from voiding |
---|
6456 | | - | 189.3the contract; and |
---|
6457 | | - | 189.4 (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part |
---|
6458 | | - | 189.51230.1150. |
---|
6459 | | - | 189.6 (b) If the attorney general establishes that any money, property, or benefit was obtained |
---|
6460 | | - | 189.7by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in |
---|
6461 | | - | 189.8addition to any other remedy, order the disgorgement of the unlawfully obtained money, |
---|
6462 | | - | 189.9property, or benefit. |
---|
6463 | | - | 189.10 Subd. 5.Multistate implementation.The commissioner may participate in establishing |
---|
6464 | | - | 189.11a regional multistate organization or compact to assist in carrying out the requirements of |
---|
6465 | | - | 189.12sections 115A.1331 to 115A.1347. |
---|
6466 | | - | 189.13 Subd. 6.Rules.The commissioner may adopt rules to implement sections 115A.1331 |
---|
6467 | | - | 189.14to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking |
---|
6468 | | - | 189.15under this subdivision. |
---|
6469 | | - | 189.16 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
6470 | | - | 189.17Sec. 11. [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING; |
---|
6471 | | - | 189.18COVERED PRODUCT SALES RESTRICTION. |
---|
6472 | | - | 189.19 Subdivision 1.Disposal prohibition.(a) A person may not place a covered product |
---|
6473 | | - | 189.20into: |
---|
6474 | | - | 189.21 (1) solid waste; or |
---|
6475 | | - | 189.22 (2) a recycling container that a collector has not clearly marked for use for collecting |
---|
6476 | | - | 189.23covered products. |
---|
6477 | | - | 189.24 (b) A person must manage a covered product that is discarded by delivering the covered |
---|
6478 | | - | 189.25product to a collection site or to a recycling facility for covered products. |
---|
6479 | | - | 189.26 (c) Until recycled, covered products are not exempt from any applicable rules adopted |
---|
6480 | | - | 189.27under section 116.07 for managing hazardous waste. |
---|
6481 | | - | 189.28 (d) Covered batteries and covered products that have covered batteries contained within |
---|
6482 | | - | 189.29them or otherwise attached or connected to them must be stored in containers that are: |
---|
6483 | | - | 189.30 (1) designed, constructed, and used in a manner to suppress battery fires in the container |
---|
6484 | | - | 189.31or to prevent ignition of materials outside the container; and |
---|
6485 | | - | 189Article 6 Sec. 11. |
---|
6486 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 190.1 (2) held in structures compliant with the local fire code. |
---|
6487 | | - | 190.2 Subd. 2.Labeling and sale; requirements.(a) A person may not sell, including online |
---|
6488 | | - | 190.3sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a |
---|
6489 | | - | 190.4sale of a covered battery or covered product that has a covered battery contained within it |
---|
6490 | | - | 190.5or otherwise attached or connected to it unless the covered battery and covered product is |
---|
6491 | | - | 190.6labeled to identify the chemistry employed to store energy in the battery. Labeling under |
---|
6492 | | - | 190.7this paragraph must be permanently marked on or affixed to the covered battery and covered |
---|
6493 | | - | 190.8product and must use either language or graphics that identifies the battery chemistry |
---|
6494 | | - | 190.9employed or a QR code compliant with International Organization of Standardization |
---|
6495 | | - | 190.1018004:2015, that accesses equivalent data via the Internet that is available without fee or |
---|
6496 | | - | 190.11requirement to create an account. |
---|
6497 | | - | 190.12 (b) A person may not sell, including online sales; offer for sale or promotional purposes; |
---|
6498 | | - | 190.13distribute in or into the state; or facilitate a sale of a covered product or other electrical |
---|
6499 | | - | 190.14product unless the producer of the covered product or other electrical product is named as |
---|
6500 | | - | 190.15a participant in a stewardship plan published under section 115A.1335, subdivision 4, |
---|
6501 | | - | 190.16paragraph (f), or the brand is named as covered in a stewardship plan published under section |
---|
6502 | | - | 190.17115A.1335, subdivision 4, paragraph (f), and the stewardship plan has not been terminated |
---|
6503 | | - | 190.18under section 115A.1335, subdivision 5. |
---|
6504 | | - | 190.19 (c) This subdivision does not apply to isolated and occasional sales of a covered product |
---|
6505 | | - | 190.20or other electrical product that are not made in the normal course of business, as exempted |
---|
6506 | | - | 190.21from sales tax under section 297A.67, subdivision 23. |
---|
6507 | | - | 190.22 (d) This subdivision does not apply to sales, including online sales; offers for sale or |
---|
6508 | | - | 190.23promotional purposes; distribution; or facilitation of a sale of a used covered product or |
---|
6509 | | - | 190.24used other electrical product. |
---|
6510 | | - | 190.25 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
6511 | | - | 190.26Sec. 12. Minnesota Statutes 2024, section 115A.554, is amended to read: |
---|
6512 | | - | 190.27 115A.554 AUTHORITY OF SANITARY DISTRICTS. |
---|
6513 | | - | 190.28 A sanitary district has the authorities and duties of counties within the district's boundary |
---|
6514 | | - | 190.29for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551; |
---|
6515 | | - | 190.30115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961; |
---|
6516 | | - | 190.31116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161. |
---|
6517 | | - | 190.32 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
6518 | | - | 190Article 6 Sec. 12. |
---|
6519 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 191.1Sec. 13. Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read: |
---|
6520 | | - | 191.2 Subd. 6.Mercury thermometers prohibited.(a) A manufacturer, wholesaler, or retailer |
---|
6521 | | - | 191.3may not sell or distribute at no cost a thermometer containing mercury that was manufactured |
---|
6522 | | - | 191.4after June 1, 2001. |
---|
6523 | | - | 191.5 (b) Paragraph (a) does not apply to an electronic thermometer with a battery containing |
---|
6524 | | - | 191.6mercury if the battery is in compliance with section 325E.125 subdivision 8l. |
---|
6525 | | - | 191.7 (c) A manufacturer is in compliance with this subdivision if the manufacturer: |
---|
6526 | | - | 191.8 (1) has received an exclusion or exemption from a state that is a member of the Interstate |
---|
6527 | | - | 191.9Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no |
---|
6528 | | - | 191.10alternative is available or for an application when no feasible alternative is available; |
---|
6529 | | - | 191.11 (2) submits a copy of the approved exclusion or exemption to the commissioner; and |
---|
6530 | | - | 191.12 (3) meets all of the requirements in the approved exclusion or exemption for the |
---|
6531 | | - | 191.13manufacturer's activities within the state. |
---|
6532 | | - | 191.14 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
6533 | | - | 191.15Sec. 14. Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to |
---|
6534 | | - | 191.16read: |
---|
6535 | | - | 191.17 Subd. 8l.Ban; mercury in batteries.A person may not sell, offer for sale, or distribute |
---|
6536 | | - | 191.18in or into the state: |
---|
6537 | | - | 191.19 (1) an alkaline manganese battery that contains mercury that is not a button cell |
---|
6538 | | - | 191.20nonrechargeable battery; |
---|
6539 | | - | 191.21 (2) a nonrechargeable button cell battery that contains more than 25 milligrams of |
---|
6540 | | - | 191.22mercury; or |
---|
6541 | | - | 191.23 (3) a dry cell battery containing a mercuric oxide electrode. |
---|
6542 | | - | 191.24 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
6543 | | - | 191.25Sec. 15. REPEALER. |
---|
6544 | | - | 191.26 Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, |
---|
6545 | | - | 191.2711, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316; |
---|
6546 | | - | 191.28115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328; |
---|
6547 | | - | 191.29115A.1330; 115A.9155; 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9; 115A.961, |
---|
6548 | | - | 191.30subdivisions 1, 2, and 3; 325E.125; and 325E.1251, are repealed. |
---|
6549 | | - | 191Article 6 Sec. 15. |
---|
6550 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 192.1 EFFECTIVE DATE.This section is effective January 1, 2028. |
---|
6551 | | - | 192.2 ARTICLE 7 |
---|
6552 | | - | 192.3 ENVIRONMENT AL PERMITTING REFORM |
---|
6553 | | - | 192.4Section 1. Minnesota Statutes 2024, section 115.542, is amended to read: |
---|
6554 | | - | 192.5 115.542 NOTICE REQUIREMENTS FOR PUBLICLY OWNED WASTEWATER |
---|
6555 | | - | 192.6TREATMENT FACILITIES. |
---|
6556 | | - | 192.7 Subdivision 1.Definitions.For the purpose of this section, the following terms have |
---|
6557 | | - | 192.8the meanings given: |
---|
6558 | | - | 192.9 (1) "permit" means a national pollutant discharge elimination system (NPDES) permit |
---|
6559 | | - | 192.10or state disposal system (SDS) permit; and |
---|
6560 | | - | 192.11 (2) "permit applicant" means a person or entity submitting an application for a new |
---|
6561 | | - | 192.12permit or renewal, modification, or revocation of an existing permit for a publicly owned |
---|
6562 | | - | 192.13wastewater treatment facility. |
---|
6563 | | - | 192.14 Subd. 2.Applicability.This section applies to all draft permits and permits for publicly |
---|
6564 | | - | 192.15owned wastewater treatment facilities for which the commissioner of the Pollution Control |
---|
6565 | | - | 192.16Agency makes a preliminary determination whether to issue or deny. |
---|
6566 | | - | 192.17 Subd. 3.Prepublic notice review requirements.Unless waived by the permit applicant, |
---|
6567 | | - | 192.18the commissioner of the Pollution Control Agency must provide a permit applicant with a |
---|
6568 | | - | 192.19copy of the draft permit and any fact sheets required by agency rules at least 30 days before |
---|
6569 | | - | 192.20the distribution and public notice of the permit application and preliminary determination. |
---|
6570 | | - | 192.21 Subd. 4.Permitting efficiency Public notice requirements.The commissioner must |
---|
6571 | | - | 192.22prepare and issue a public notice of a completed application and the commissioner's |
---|
6572 | | - | 192.23preliminary determination as to whether the permit should be issued or denied. The public |
---|
6573 | | - | 192.24comment period must be at least 60 days for permit applications under this section but may |
---|
6574 | | - | 192.25be reduced to 30 days if: |
---|
6575 | | - | 192.26 (1) a request for the reduction is made by the permit applicant; and |
---|
6576 | | - | 192.27 (2) the commissioner approves the request based on consideration of public or Tribal |
---|
6577 | | - | 192.28interest in the permit action. |
---|
6578 | | - | 192.29 Subd. 5.Permitting efficiency.Notwithstanding section 116.03, it is the goal of the |
---|
6579 | | - | 192.30state that tier 2 permits for publicly owned wastewater treatment facilities be issued or |
---|
6580 | | - | 192.31denied within 210 days following submission of a permit application. |
---|
6581 | | - | 192Article 7 Section 1. |
---|
6582 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 193.1Sec. 2. Minnesota Statutes 2024, section 116.03, subdivision 2b, is amended to read: |
---|
6583 | | - | 193.2 Subd. 2b.Permitting efficiency.(a) It is the goal of the state that environmental and |
---|
6584 | | - | 193.3resource management permits be issued or denied within 90 days for tier 1 permits or 150 |
---|
6585 | | - | 193.4days for tier 2 permits following submission of a permit application. The commissioner of |
---|
6586 | | - | 193.5the Pollution Control Agency shall must establish management systems designed to achieve |
---|
6587 | | - | 193.6the goal. For the purposes of this section, "tier 1 permits" are permits that do not require |
---|
6588 | | - | 193.7individualized actions or public comment periods, and "tier 2 permits" are permits that |
---|
6589 | | - | 193.8require individualized actions or public comment periods. Goals established in this paragraph |
---|
6590 | | - | 193.9do not apply to permit applications required due to agency enforcement actions. |
---|
6591 | | - | 193.10 (b) The commissioner shall must prepare an annual permitting efficiency report that |
---|
6592 | | - | 193.11includes statistics on meeting the tier 2 goal in paragraph (a) and the criteria for tier 2 by |
---|
6593 | | - | 193.12permit categories. The report must also provide information on consultants regarding |
---|
6594 | | - | 193.13achievement of the performance standards under paragraph (e), clauses (1) to (4). The report |
---|
6595 | | - | 193.14is due must be submitted to the governor and to the chairs and ranking minority members |
---|
6596 | | - | 193.15of the house of representatives and senate committees having jurisdiction over environment |
---|
6597 | | - | 193.16policy and finance by October 1 August 1 each year and must be posted on the agency's |
---|
6598 | | - | 193.17website. Each report must include: |
---|
6599 | | - | 193.18 (1) for each permit applications application that have has not met the goal, the report |
---|
6600 | | - | 193.19must state the reasons for not meeting the goal. In stating the reasons for not meeting the |
---|
6601 | | - | 193.20goal, the commissioner shall separately identify delays an explanation of whether the delay |
---|
6602 | | - | 193.21was caused by the responsiveness of the proposer, lack of staff, scientific or technical |
---|
6603 | | - | 193.22disagreements, or the level of public engagement. The report must specify; |
---|
6604 | | - | 193.23 (2) for each permit that has not met the goal, the number of days from initial submission |
---|
6605 | | - | 193.24of the application to the day of determination that the application is complete. The report |
---|
6606 | | - | 193.25must aggregate; |
---|
6607 | | - | 193.26 (3) a summary of the data for the year reporting period and assess an assessment of |
---|
6608 | | - | 193.27whether program or system changes are necessary to achieve the tier 2 goal. The report |
---|
6609 | | - | 193.28must be posted on the agency's website and submitted to the governor and the chairs and |
---|
6610 | | - | 193.29ranking minority members of the house of representatives and senate committees having |
---|
6611 | | - | 193.30jurisdiction over environment policy and finance. in paragraph (a); |
---|
6612 | | - | 193.31 (4) a statement of the number of tier 2 permits completed within the reporting period |
---|
6613 | | - | 193.32and, immediately following in parentheses, a statement of the percentage of total applications |
---|
6614 | | - | 193.33received for that tier 2 permit category that the number represents, stated separately for |
---|
6615 | | - | 193.34industrial and municipal permits; and |
---|
6616 | | - | 193Article 7 Sec. 2. |
---|
6617 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 194.1 (5) for permits that did not meet the goal due to lack of staff, a combined estimate of |
---|
6618 | | - | 194.2the aggregate staff resources that would have been necessary for all affected permits to meet |
---|
6619 | | - | 194.3the goal. |
---|
6620 | | - | 194.4 (c) The commissioner shall must allow electronic submission of environmental review |
---|
6621 | | - | 194.5and permit documents to the agency. |
---|
6622 | | - | 194.6 (d) Within 30 business days of application for a permit subject to paragraph (a), the |
---|
6623 | | - | 194.7commissioner of the Pollution Control Agency shall must notify the permit applicant, in |
---|
6624 | | - | 194.8writing, whether the application is complete or incomplete. If the commissioner determines |
---|
6625 | | - | 194.9that an application is incomplete, the notice to the applicant must enumerate of all |
---|
6626 | | - | 194.10deficiencies, while citing specific provisions of the applicable rules and statutes, and must |
---|
6627 | | - | 194.11advise the applicant on how the deficiencies can be remedied. The applicant shall have five |
---|
6628 | | - | 194.12business days to remedy all identified deficiencies before the commissioner determines that |
---|
6629 | | - | 194.13the application is complete or incomplete. If the commissioner determines that the application |
---|
6630 | | - | 194.14is complete, the notice commissioner must confirm the application's tier 1 or tier 2 permit |
---|
6631 | | - | 194.15status. If the commissioner believes that a complete application for a tier 2 construction |
---|
6632 | | - | 194.16permit cannot be issued within the 150-day goal, the commissioner must provide notice to |
---|
6633 | | - | 194.17the applicant with the commissioner's notice that the application is complete and, upon |
---|
6634 | | - | 194.18request of the applicant, provide the permit applicant with a schedule estimating when the |
---|
6635 | | - | 194.19agency will begin drafting the permit and issue the public notice of the draft permit. This |
---|
6636 | | - | 194.20paragraph does not apply to an application for a permit that is subject to a grant or loan |
---|
6637 | | - | 194.21agreement under chapter 446A. |
---|
6638 | | - | 194.22 (e) The commissioner must credential consultants who meet the requirements of this |
---|
6639 | | - | 194.23paragraph and must provide a logo or similar indicator with the credential that can be used |
---|
6640 | | - | 194.24by a consultant in marketing their services. For purposes of this section, "consultant" means |
---|
6641 | | - | 194.25a third-party professional representing a facility owner or operator to prepare or assist in |
---|
6642 | | - | 194.26preparing a permit application or other similar documentation required by the commissioner |
---|
6643 | | - | 194.27for authorizations under chapters 115 to 116. A consultant is credentialed on January 1 each |
---|
6644 | | - | 194.28odd-numbered year if, in the preceding two years, the consultant: |
---|
6645 | | - | 194.29 (1) submitted permit applications deemed complete under paragraph (d) at a rate of at |
---|
6646 | | - | 194.30least 80 percent; |
---|
6647 | | - | 194.31 (2) when applicable, met agreed-upon deadlines as part of a plan designed to increase |
---|
6648 | | - | 194.32the coordination and efficiency of regulatory activities, such as a plan described under |
---|
6649 | | - | 194.33section 116.035; |
---|
6650 | | - | 194Article 7 Sec. 2. |
---|
6651 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 195.1 (3) did not represent an owner or operator to prepare or assist in preparing a permit |
---|
6652 | | - | 195.2application or other similar documentation when the owner or operator received a citation |
---|
6653 | | - | 195.3under section 116.073, subdivision 1, paragraph (b); and |
---|
6654 | | - | 195.4 (4) was not found in violation of Minnesota Rules, part 7000.0300, relating to duty of |
---|
6655 | | - | 195.5candor. |
---|
6656 | | - | 195.6 (f) If, after notifying the permit applicant that the application is complete, the |
---|
6657 | | - | 195.7commissioner determines that additional information is needed, the commissioner must |
---|
6658 | | - | 195.8notify the applicant. Upon notice under this paragraph, counting days toward the 90- or |
---|
6659 | | - | 195.9150-day goal described in paragraph (a) stops until the applicant has responded with the |
---|
6660 | | - | 195.10additional information. Once the applicant has responded with all the additional information |
---|
6661 | | - | 195.11required, counting resumes from where it stopped. The applicant has 30 business days to |
---|
6662 | | - | 195.12provide the additional information to the commissioner, but the commissioner may extend |
---|
6663 | | - | 195.13the time upon the applicant's request. |
---|
6664 | | - | 195.14 (e) (g) For purposes of this subdivision, "permit professional" means an individual not |
---|
6665 | | - | 195.15employed by the Pollution Control Agency who: |
---|
6666 | | - | 195.16 (1) has a professional license issued by the state of Minnesota in the subject area of the |
---|
6667 | | - | 195.17permit; |
---|
6668 | | - | 195.18 (2) has at least ten years of experience in the subject area of the permit; and |
---|
6669 | | - | 195.19 (3) abides by the duty of candor applicable to employees of the Pollution Control Agency |
---|
6670 | | - | 195.20under agency rules and complies with all applicable requirements under chapter 326. |
---|
6671 | | - | 195.21 (f) (h) Upon the agency's request, an applicant relying on a permit professional must |
---|
6672 | | - | 195.22participate in a meeting with the agency before submitting an application: |
---|
6673 | | - | 195.23 (1) at least two weeks prior to the preapplication meeting, the applicant must submit at |
---|
6674 | | - | 195.24least the following: |
---|
6675 | | - | 195.25 (i) project description, including, but not limited to, scope of work, primary emissions |
---|
6676 | | - | 195.26points, discharge outfalls, and water intake points; |
---|
6677 | | - | 195.27 (ii) location of the project, including county, municipality, and location on the site; |
---|
6678 | | - | 195.28 (iii) business schedule for project completion; and |
---|
6679 | | - | 195.29 (iv) other information requested by the agency at least four weeks prior to the scheduled |
---|
6680 | | - | 195.30meeting; and |
---|
6681 | | - | 195.31 (2) during the preapplication meeting, the agency shall must provide for the applicant |
---|
6682 | | - | 195.32at least the following: |
---|
6683 | | - | 195Article 7 Sec. 2. |
---|
6684 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 196.1 (i) an overview of the permit review program; |
---|
6685 | | - | 196.2 (ii) a determination of which specific application or applications will be necessary to |
---|
6686 | | - | 196.3complete the project; |
---|
6687 | | - | 196.4 (iii) a statement notifying the applicant if the specific permit being sought requires a |
---|
6688 | | - | 196.5mandatory public hearing or comment period; |
---|
6689 | | - | 196.6 (iv) a review of the timetable established in the permit review program for the specific |
---|
6690 | | - | 196.7permit being sought; and |
---|
6691 | | - | 196.8 (v) a determination of what information must be included in the application, including |
---|
6692 | | - | 196.9a description of any required modeling or testing. |
---|
6693 | | - | 196.10 (g) (i) The applicant may select a permit professional to undertake the preparation of |
---|
6694 | | - | 196.11the permit application and draft permit. |
---|
6695 | | - | 196.12 (h) (j) If a preapplication meeting was held, the agency shall must, within seven business |
---|
6696 | | - | 196.13days of receipt of an application, notify the applicant and submitting permit professional |
---|
6697 | | - | 196.14that the application is complete or is denied, specifying the deficiencies of the application. |
---|
6698 | | - | 196.15 (i) (k) Upon receipt of notice that the application is complete, the permit professional |
---|
6699 | | - | 196.16shall must submit to the agency a timetable for submitting a draft permit. The permit |
---|
6700 | | - | 196.17professional shall must submit a draft permit on or before the date provided in the timetable. |
---|
6701 | | - | 196.18Within 60 days after the close of the public comment period, the commissioner shall must |
---|
6702 | | - | 196.19notify the applicant whether the permit can be issued. |
---|
6703 | | - | 196.20 (j) (l) Nothing in this section shall be construed to modify: |
---|
6704 | | - | 196.21 (1) any requirement of law that is necessary to retain federal delegation to or assumption |
---|
6705 | | - | 196.22by the state; or |
---|
6706 | | - | 196.23 (2) the authority to implement a federal law or program. |
---|
6707 | | - | 196.24 (k) (m) The permit application and draft permit shall must identify or include as an |
---|
6708 | | - | 196.25appendix all studies and other sources of information used to substantiate the analysis |
---|
6709 | | - | 196.26contained in the permit application and draft permit. The commissioner shall must request |
---|
6710 | | - | 196.27additional studies, if needed, and the permit applicant shall must submit all additional studies |
---|
6711 | | - | 196.28and information necessary for the commissioner to perform the commissioner's responsibility |
---|
6712 | | - | 196.29to review, modify, and determine the completeness of the application and approve the draft |
---|
6713 | | - | 196.30permit. |
---|
6714 | | - | 196Article 7 Sec. 2. |
---|
6715 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 197.1Sec. 3. Minnesota Statutes 2024, section 116.07, subdivision 4a, is amended to read: |
---|
6716 | | - | 197.2 Subd. 4a.Permits.(a) The Pollution Control Agency may issue, continue in effect or |
---|
6717 | | - | 197.3deny permits, under such conditions as it may prescribe for the prevention of pollution, for |
---|
6718 | | - | 197.4the emission of air contaminants, or for the installation or operation of any emission facility, |
---|
6719 | | - | 197.5air contaminant treatment facility, treatment facility, potential air contaminant storage |
---|
6720 | | - | 197.6facility, or storage facility, or any part thereof, or for the sources or emissions of noise |
---|
6721 | | - | 197.7pollution. The Pollution Control Agency may issue separate permits for constructing a |
---|
6722 | | - | 197.8facility described in this paragraph and for its operation, except for a facility required to |
---|
6723 | | - | 197.9complete a mandatory environmental impact statement under Minnesota Rules, part |
---|
6724 | | - | 197.104410.4400. The Pollution Control Agency must prioritize these permits in a manner that |
---|
6725 | | - | 197.11minimizes the time required to construct and begin operation of the permitted facility while |
---|
6726 | | - | 197.12complying with state and federal requirements. |
---|
6727 | | - | 197.13 (b) The Pollution Control Agency may also issue, continue in effect or deny permits, |
---|
6728 | | - | 197.14under such conditions as it may prescribe for the prevention of pollution, for the storage, |
---|
6729 | | - | 197.15collection, transportation, processing, or disposal of waste, or for the installation or operation |
---|
6730 | | - | 197.16of any system or facility, or any part thereof, related to the storage, collection, transportation, |
---|
6731 | | - | 197.17processing, or disposal of waste. |
---|
6732 | | - | 197.18 (c) The agency may not issue a permit to a facility without analyzing and considering |
---|
6733 | | - | 197.19the cumulative levels and effects of past and current environmental pollution from all sources |
---|
6734 | | - | 197.20on the environment and residents of the geographic area within which the facility's emissions |
---|
6735 | | - | 197.21are likely to be deposited, provided that the facility is located in a community in a city of |
---|
6736 | | - | 197.22the first class in Hennepin County that meets all of the following conditions: |
---|
6737 | | - | 197.23 (1) is within a half mile of a site designated by the federal government as an EPA |
---|
6738 | | - | 197.24superfund site due to residential arsenic contamination; |
---|
6739 | | - | 197.25 (2) a majority of the population are low-income persons of color and American Indians; |
---|
6740 | | - | 197.26 (3) a disproportionate percent of the children have childhood lead poisoning, asthma, |
---|
6741 | | - | 197.27or other environmentally related health problems; |
---|
6742 | | - | 197.28 (4) is located in a city that has experienced numerous air quality alert days of dangerous |
---|
6743 | | - | 197.29air quality for sensitive populations between February 2007 and February 2008; and |
---|
6744 | | - | 197.30 (5) is located near the junctions of several heavily trafficked state and county highways |
---|
6745 | | - | 197.31and two one-way streets which carry both truck and auto traffic. |
---|
6746 | | - | 197Article 7 Sec. 3. |
---|
6747 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 198.1 (d) The Pollution Control Agency may revoke or modify any permit issued under this |
---|
6748 | | - | 198.2subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to |
---|
6749 | | - | 198.3prevent or abate pollution. |
---|
6750 | | - | 198.4 (e) The Pollution Control Agency has the authority for approval over the siting, expansion, |
---|
6751 | | - | 198.5or operation of a solid waste facility with regard to environmental issues. However, the |
---|
6752 | | - | 198.6agency's issuance of a permit does not release the permittee from any liability, penalty, or |
---|
6753 | | - | 198.7duty imposed by any applicable county ordinances. Nothing in this chapter precludes, or |
---|
6754 | | - | 198.8shall be construed to preclude, a county from enforcing land use controls, regulations, and |
---|
6755 | | - | 198.9ordinances existing at the time of the permit application and adopted pursuant to Minnesota |
---|
6756 | | - | 198.10Statutes 2020, sections 366.10 to 366.181, or sections 394.21 to 394.37, or 462.351 to |
---|
6757 | | - | 198.11462.365, with regard to the siting, expansion, or operation of a solid waste facility. |
---|
6758 | | - | 198.12 (f) Except as prohibited by federal law, a person may commence construction, |
---|
6759 | | - | 198.13reconstruction, replacement, or modification of any facility prior to the issuance of a |
---|
6760 | | - | 198.14construction permit by the agency. |
---|
6761 | | - | 198.15 (g) For the purposes of this subdivision, the Pollution Control Agency may require the |
---|
6762 | | - | 198.16owners and operators of any emission facility, air containment treatment facility, treatment |
---|
6763 | | - | 198.17facility, potential air containment storage facility, or storage facility, or any part thereof, to |
---|
6764 | | - | 198.18conduct air dispersion modeling of air contaminants. |
---|
6765 | | - | 198.19Sec. 4. Minnesota Statutes 2024, section 116.07, subdivision 4d, is amended to read: |
---|
6766 | | - | 198.20 Subd. 4d.Permit fees.(a) The agency may collect permit fees in amounts not greater |
---|
6767 | | - | 198.21than those necessary to cover the reasonable costs of developing, reviewing, and acting |
---|
6768 | | - | 198.22upon applications for agency permits and implementing and enforcing the conditions of the |
---|
6769 | | - | 198.23permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The |
---|
6770 | | - | 198.24fee schedule must reflect reasonable and routine direct and indirect costs associated with |
---|
6771 | | - | 198.25permitting, implementation, and enforcement. The agency may impose an additional |
---|
6772 | | - | 198.26enforcement fee to be collected for a period of up to two years to cover the reasonable costs |
---|
6773 | | - | 198.27of implementing and enforcing the conditions of a permit under the rules of the agency. |
---|
6774 | | - | 198.28Any money collected under this paragraph shall be deposited in the environmental fund. |
---|
6775 | | - | 198.29 (b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner |
---|
6776 | | - | 198.30or operator of all stationary sources, emission facilities, emissions units, air contaminant |
---|
6777 | | - | 198.31treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage |
---|
6778 | | - | 198.32facilities subject to a notification, permit, or license requirement under this chapter, |
---|
6779 | | - | 198.33subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 |
---|
6780 | | - | 198.34et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and |
---|
6781 | | - | 198Article 7 Sec. 4. |
---|
6782 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 199.1indirect reasonable costs, including legal costs, required to develop and administer the |
---|
6783 | | - | 199.2notification, permit, or license program requirements of this chapter, subchapters I and V |
---|
6784 | | - | 199.3of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules |
---|
6785 | | - | 199.4adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon |
---|
6786 | | - | 199.5an application for a permit; implementing and enforcing statutes, rules, and the terms and |
---|
6787 | | - | 199.6conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally |
---|
6788 | | - | 199.7applicable regulations; responding to federal guidance; modeling, analyses, and |
---|
6789 | | - | 199.8demonstrations; preparing inventories and tracking emissions; and providing information |
---|
6790 | | - | 199.9to the public about these activities. |
---|
6791 | | - | 199.10 (c) The agency shall set fees that: |
---|
6792 | | - | 199.11 (1) will result in the collection, in the aggregate, from the sources listed in paragraph |
---|
6793 | | - | 199.12(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant |
---|
6794 | | - | 199.13regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of |
---|
6795 | | - | 199.14the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national |
---|
6796 | | - | 199.15primary ambient air quality standard has been promulgated; |
---|
6797 | | - | 199.16 (2) may result in the collection, in the aggregate, from the sources listed in paragraph |
---|
6798 | | - | 199.17(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is |
---|
6799 | | - | 199.18regulated under this chapter or air quality rules adopted under this chapter; and |
---|
6800 | | - | 199.19 (3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount |
---|
6801 | | - | 199.20needed to match grant funds received by the state under United States Code, title 42, section |
---|
6802 | | - | 199.217405 (section 105 of the federal Clean Air Act). |
---|
6803 | | - | 199.22The agency must not include in the calculation of the aggregate amount to be collected |
---|
6804 | | - | 199.23under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant |
---|
6805 | | - | 199.24from a source. The increase in air permit fees to match federal grant funds shall be a surcharge |
---|
6806 | | - | 199.25on existing fees. The commissioner may not collect the surcharge after the grant funds |
---|
6807 | | - | 199.26become unavailable. In addition, the commissioner shall use nonfee funds to the extent |
---|
6808 | | - | 199.27practical to match the grant funds so that the fee surcharge is minimized. |
---|
6809 | | - | 199.28 (d) To cover the reasonable costs described in paragraph (b), the agency shall provide |
---|
6810 | | - | 199.29in the rules promulgated under paragraph (c) for an increase in the fee collected in each |
---|
6811 | | - | 199.30year by the percentage, if any, by which the Consumer Price Index for the most recent |
---|
6812 | | - | 199.31calendar year ending before the beginning of the year the fee is collected exceeds the |
---|
6813 | | - | 199.32Consumer Price Index for the calendar year 1989. For purposes of this paragraph the |
---|
6814 | | - | 199.33Consumer Price Index for any calendar year is the average of the Consumer Price Index for |
---|
6815 | | - | 199.34all-urban consumers published by the United States Department of Labor, as of the close |
---|
6816 | | - | 199Article 7 Sec. 4. |
---|
6817 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 200.1of the 12-month period ending on August 31 of each calendar year. The revision of the |
---|
6818 | | - | 200.2Consumer Price Index that is most consistent with the Consumer Price Index for calendar |
---|
6819 | | - | 200.3year 1989 shall be used. |
---|
6820 | | - | 200.4 (e) Any money collected under paragraphs (b) to (d) must be deposited in the |
---|
6821 | | - | 200.5environmental fund and must be used solely for the activities listed in paragraph (b). |
---|
6822 | | - | 200.6 (f) Permit applicants who wish to construct, reconstruct, or modify a project may offer |
---|
6823 | | - | 200.7request expedited permitting under this paragraph. An applicant requesting expedited |
---|
6824 | | - | 200.8permitting under this paragraph must agree to reimburse the agency for the costs of staff |
---|
6825 | | - | 200.9time or consultant services needed to expedite the preapplication process and permit |
---|
6826 | | - | 200.10development process through the final decision on the permit, including the analysis of |
---|
6827 | | - | 200.11environmental review documents. The reimbursement shall be is in addition to permit |
---|
6828 | | - | 200.12application fees imposed by law. When the agency determines that it needs additional |
---|
6829 | | - | 200.13resources to develop the permit application in an expedited manner, and that expediting the |
---|
6830 | | - | 200.14development is consistent with permitting program priorities, the agency may accept the |
---|
6831 | | - | 200.15reimbursement. The commissioner must give the applicant an estimate of the timeline and |
---|
6832 | | - | 200.16costs to be incurred by the commissioner. The estimate must include a brief description of |
---|
6833 | | - | 200.17the tasks to be performed, a schedule for completing the tasks, and the estimated cost for |
---|
6834 | | - | 200.18each task. If the applicant agrees to the estimated timeline and costs negotiated with the |
---|
6835 | | - | 200.19commissioner, the applicant and the commissioner must enter into a written agreement |
---|
6836 | | - | 200.20detailing the estimated costs for the expedited permit decision-making process to be incurred |
---|
6837 | | - | 200.21by the agency to proceed accordingly. The agreement must also identify staff anticipated |
---|
6838 | | - | 200.22to be assigned to the project. The agreement may provide that, if permitting is completed |
---|
6839 | | - | 200.23ahead of the schedule set forth in the written agreement, the commissioner may retain any |
---|
6840 | | - | 200.24fees that would have been due if the permitting had taken the time contemplated in the |
---|
6841 | | - | 200.25written agreement. Fees retained by the commissioner under this paragraph are appropriated |
---|
6842 | | - | 200.26to the commissioner for administering the commissioner's permitting duties. The |
---|
6843 | | - | 200.27commissioner must not issue a permit until the applicant has paid all fees in full. The |
---|
6844 | | - | 200.28commissioner must refund any unobligated balance of fees paid. Reimbursements accepted |
---|
6845 | | - | 200.29by the agency are appropriated to the agency for the purpose of developing the permit or |
---|
6846 | | - | 200.30analyzing environmental review documents. Reimbursement by a permit applicant shall |
---|
6847 | | - | 200.31precede and not be contingent upon issuance of a permit; shall not affect the agency's decision |
---|
6848 | | - | 200.32on whether to issue or deny a permit, what conditions are included in a permit, or the |
---|
6849 | | - | 200.33application of state and federal statutes and rules governing permit determinations; and shall |
---|
6850 | | - | 200.34not affect final decisions regarding environmental review. |
---|
6851 | | - | 200.35 (g) The fees under this subdivision are exempt from section 16A.1285. |
---|
6852 | | - | 200Article 7 Sec. 4. |
---|
6853 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 201.1Sec. 5. Minnesota Statutes 2024, section 116D.04, subdivision 2a, is amended to read: |
---|
6854 | | - | 201.2 Subd. 2a.When prepared.(a) Where there is potential for significant environmental |
---|
6855 | | - | 201.3effects resulting from any major governmental action, the action must be preceded by a |
---|
6856 | | - | 201.4detailed environmental impact statement prepared by the responsible governmental unit. |
---|
6857 | | - | 201.5The environmental impact statement must be an analytical rather than an encyclopedic |
---|
6858 | | - | 201.6document that describes the proposed action in detail, analyzes its significant environmental |
---|
6859 | | - | 201.7impacts, discusses appropriate alternatives to the proposed action and their impacts, and |
---|
6860 | | - | 201.8explores methods by which adverse environmental impacts of an action could be mitigated. |
---|
6861 | | - | 201.9The environmental impact statement must also analyze those economic, employment, and |
---|
6862 | | - | 201.10sociological effects that cannot be avoided should the action be implemented. To ensure its |
---|
6863 | | - | 201.11use in the decision-making process, the environmental impact statement must be prepared |
---|
6864 | | - | 201.12as early as practical in the formulation of an action. |
---|
6865 | | - | 201.13 (b) The board shall by rule establish categories of actions for which environmental |
---|
6866 | | - | 201.14impact statements and for which environmental assessment worksheets must be prepared |
---|
6867 | | - | 201.15as well as categories of actions for which no environmental review is required under this |
---|
6868 | | - | 201.16section. A mandatory environmental assessment worksheet is not required for the expansion |
---|
6869 | | - | 201.17of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the |
---|
6870 | | - | 201.18conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol |
---|
6871 | | - | 201.19facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded |
---|
6872 | | - | 201.20or converted facility to produce alcohol fuel, but must be required if the ethanol plant or |
---|
6873 | | - | 201.21biobutanol facility meets or exceeds thresholds of other categories of actions for which |
---|
6874 | | - | 201.22environmental assessment worksheets must be prepared. The responsible governmental unit |
---|
6875 | | - | 201.23for an ethanol plant or biobutanol facility project for which an environmental assessment |
---|
6876 | | - | 201.24worksheet is prepared is the state agency with the greatest responsibility for supervising or |
---|
6877 | | - | 201.25approving the project as a whole. |
---|
6878 | | - | 201.26 (c) A mandatory environmental impact statement is not required for a facility or plant |
---|
6879 | | - | 201.27located outside the seven-county metropolitan area that produces less than 125,000,000 |
---|
6880 | | - | 201.28gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000 |
---|
6881 | | - | 201.29tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section |
---|
6882 | | - | 201.3041A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15, |
---|
6883 | | - | 201.31subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic |
---|
6884 | | - | 201.32feedstock to produce chemical products for use by another facility as a feedstock is not |
---|
6885 | | - | 201.33considered a fuel conversion facility as used in rules adopted under this chapter. |
---|
6886 | | - | 201.34 (d) The responsible governmental unit shall promptly publish notice of the completion |
---|
6887 | | - | 201.35of an environmental assessment worksheet by publishing the notice in at least one newspaper |
---|
6888 | | - | 201Article 7 Sec. 5. |
---|
6889 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 202.1of general circulation in the geographic area where the project is proposed, by posting the |
---|
6890 | | - | 202.2notice on a website that has been designated as the official publication site for publication |
---|
6891 | | - | 202.3of proceedings, public notices, and summaries of a political subdivision in which the project |
---|
6892 | | - | 202.4is proposed, or in any other manner determined by the board and shall provide copies of |
---|
6893 | | - | 202.5the environmental assessment worksheet to the board and its member agencies. Comments |
---|
6894 | | - | 202.6on the need for an environmental impact statement may be submitted to the responsible |
---|
6895 | | - | 202.7governmental unit during a 30-day period following publication of the notice that an |
---|
6896 | | - | 202.8environmental assessment worksheet has been completed. The responsible governmental |
---|
6897 | | - | 202.9unit may extend the 30-day comment period for an additional 30 days one time. Further |
---|
6898 | | - | 202.10extensions of the comment period may not be made unless approved by the project's proposer. |
---|
6899 | | - | 202.11The responsible governmental unit's decision on the need for an environmental impact |
---|
6900 | | - | 202.12statement must be based on the environmental assessment worksheet and the comments |
---|
6901 | | - | 202.13received during the comment period, and must be made within 15 days after the close of |
---|
6902 | | - | 202.14the comment period. The board's chair may extend the 15-day period by not more than 15 |
---|
6903 | | - | 202.15additional days upon the request of the responsible governmental unit. |
---|
6904 | | - | 202.16 (e) An environmental assessment worksheet must also be prepared for a proposed action |
---|
6905 | | - | 202.17whenever material evidence accompanying a petition by not less than 100 individuals who |
---|
6906 | | - | 202.18reside or own property in the state, submitted before the proposed project has received final |
---|
6907 | | - | 202.19approval by the appropriate governmental units, demonstrates that, because of the nature |
---|
6908 | | - | 202.20or location of a proposed action, there may be potential for significant environmental effects. |
---|
6909 | | - | 202.21Petitions may be submitted by: |
---|
6910 | | - | 202.22 (1) a Minnesota Tribal government as defined under section 10.65, subdivision 2; or |
---|
6911 | | - | 202.23 (2) not less than 100 individuals who reside or own property in the state. |
---|
6912 | | - | 202.24 (f) Petitions requesting the preparation of an environmental assessment worksheet under |
---|
6913 | | - | 202.25paragraph (e) must be submitted to the board. The chair of the board or designee shall |
---|
6914 | | - | 202.26determine the appropriate responsible governmental unit and forward the petition to it. A |
---|
6915 | | - | 202.27decision on the need for an environmental assessment worksheet must be made by the |
---|
6916 | | - | 202.28responsible governmental unit within 15 days after the petition is received by the responsible |
---|
6917 | | - | 202.29governmental unit. The board's chair or designee may extend the 15-day period by not more |
---|
6918 | | - | 202.30than 15 additional days upon request of the responsible governmental unit. |
---|
6919 | | - | 202.31 (f) (g) Except in an environmentally sensitive location where Minnesota Rules, part |
---|
6920 | | - | 202.324410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental |
---|
6921 | | - | 202.33review under this chapter and rules of the board, if: |
---|
6922 | | - | 202.34 (1) the proposed action is: |
---|
6923 | | - | 202Article 7 Sec. 5. |
---|
6924 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 203.1 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or |
---|
6925 | | - | 203.2 (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity |
---|
6926 | | - | 203.3of less than 1,000 animal units; |
---|
6927 | | - | 203.4 (2) the application for the animal feedlot facility includes a written commitment by the |
---|
6928 | | - | 203.5proposer to design, construct, and operate the facility in full compliance with Pollution |
---|
6929 | | - | 203.6Control Agency feedlot rules; and |
---|
6930 | | - | 203.7 (3) the county board holds a public meeting for citizen input at least ten business days |
---|
6931 | | - | 203.8before the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot |
---|
6932 | | - | 203.9facility unless another public meeting for citizen input has been held with regard to the |
---|
6933 | | - | 203.10feedlot facility to be permitted. The exemption in this paragraph is in addition to other |
---|
6934 | | - | 203.11exemptions provided under other law and rules of the board. |
---|
6935 | | - | 203.12 (g) (h) The board may, before final approval of a proposed project, require preparation |
---|
6936 | | - | 203.13of an environmental assessment worksheet by a responsible governmental unit selected by |
---|
6937 | | - | 203.14the board for any action where environmental review under this section has not been |
---|
6938 | | - | 203.15specifically provided for by rule or otherwise initiated. |
---|
6939 | | - | 203.16 (h) (i) An early and open process must be used to limit the scope of the environmental |
---|
6940 | | - | 203.17impact statement to a discussion of those impacts that, because of the nature or location of |
---|
6941 | | - | 203.18the project, have the potential for significant environmental effects. The same process must |
---|
6942 | | - | 203.19be used to determine the form, content, and level of detail of the statement as well as the |
---|
6943 | | - | 203.20alternatives that are appropriate for consideration in the statement. In addition, the permits |
---|
6944 | | - | 203.21that will be required for the proposed action must be identified during the scoping process. |
---|
6945 | | - | 203.22Further, the process must identify those permits for which information will be developed |
---|
6946 | | - | 203.23concurrently with the environmental impact statement. The board shall provide in its rules |
---|
6947 | | - | 203.24for the expeditious completion of the scoping process. The determinations reached in the |
---|
6948 | | - | 203.25process must be incorporated into the order requiring the preparation of an environmental |
---|
6949 | | - | 203.26impact statement. |
---|
6950 | | - | 203.27 (i) (j) The responsible governmental unit shall, to the extent practicable, avoid duplication |
---|
6951 | | - | 203.28and ensure coordination between state and federal environmental review and between |
---|
6952 | | - | 203.29environmental review and environmental permitting. Whenever practical, information |
---|
6953 | | - | 203.30needed by a governmental unit for making final decisions on permits or other actions required |
---|
6954 | | - | 203.31for a proposed project must be developed in conjunction with the preparation of an |
---|
6955 | | - | 203.32environmental impact statement. When an environmental impact statement is prepared for |
---|
6956 | | - | 203.33a project requiring multiple permits for which two or more agencies' decision processes |
---|
6957 | | - | 203.34include either mandatory or discretionary hearings before a hearing officer before the |
---|
6958 | | - | 203Article 7 Sec. 5. |
---|
6959 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 204.1agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the |
---|
6960 | | - | 204.2contrary, conduct the hearings in a single consolidated hearing process if requested by the |
---|
6961 | | - | 204.3proposer. All agencies having jurisdiction over a permit that is included in the consolidated |
---|
6962 | | - | 204.4hearing shall participate. The responsible governmental unit shall establish appropriate |
---|
6963 | | - | 204.5procedures for the consolidated hearing process, including procedures to ensure that the |
---|
6964 | | - | 204.6consolidated hearing process is consistent with the applicable requirements for each permit |
---|
6965 | | - | 204.7regarding the rights and duties of parties to the hearing, and shall use the earliest applicable |
---|
6966 | | - | 204.8hearing procedure to initiate the hearing. All agencies having jurisdiction over a permit |
---|
6967 | | - | 204.9identified in the draft environmental assessment worksheet scoping document must begin |
---|
6968 | | - | 204.10reviewing any permit application upon publication of the notice of preparation of the |
---|
6969 | | - | 204.11environmental impact statement. |
---|
6970 | | - | 204.12 (j) (k) An environmental impact statement must be prepared and its adequacy determined |
---|
6971 | | - | 204.13within 280 days after notice of its preparation unless the time is extended by consent of the |
---|
6972 | | - | 204.14parties or by the governor for good cause. The responsible governmental unit shall determine |
---|
6973 | | - | 204.15the adequacy of an environmental impact statement, unless within 60 days after notice is |
---|
6974 | | - | 204.16published that an environmental impact statement will be prepared, the board chooses to |
---|
6975 | | - | 204.17determine the adequacy of an environmental impact statement. If an environmental impact |
---|
6976 | | - | 204.18statement is found to be inadequate, the responsible governmental unit has 60 days to prepare |
---|
6977 | | - | 204.19an adequate environmental impact statement. |
---|
6978 | | - | 204.20 (k) (l) The proposer of a specific action may include in the information submitted to the |
---|
6979 | | - | 204.21responsible governmental unit a preliminary draft environmental impact statement under |
---|
6980 | | - | 204.22this section on that action for review, modification, and determination of completeness and |
---|
6981 | | - | 204.23adequacy by the responsible governmental unit. A preliminary draft environmental impact |
---|
6982 | | - | 204.24statement prepared by the project proposer and submitted to the responsible governmental |
---|
6983 | | - | 204.25unit must identify or include as an appendix all studies and other sources of information |
---|
6984 | | - | 204.26used to substantiate the analysis contained in the preliminary draft environmental impact |
---|
6985 | | - | 204.27statement. The responsible governmental unit shall require additional studies, if needed, |
---|
6986 | | - | 204.28and obtain from the project proposer all additional studies and information necessary for |
---|
6987 | | - | 204.29the responsible governmental unit to perform its responsibility to review, modify, and |
---|
6988 | | - | 204.30determine the completeness and adequacy of the environmental impact statement. |
---|
6989 | | - | 204.31Sec. 6. Minnesota Statutes 2024, section 116D.04, subdivision 2b, is amended to read: |
---|
6990 | | - | 204.32 Subd. 2b.Project prerequisites.(a) If an environmental assessment worksheet or an |
---|
6991 | | - | 204.33environmental impact statement is required for a governmental action under subdivision |
---|
6992 | | - | 204Article 7 Sec. 6. |
---|
6993 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 205.12a, a project may not be started and a final governmental decision may not be made to grant |
---|
6994 | | - | 205.2a permit, approve a project, or begin a project, until: |
---|
6995 | | - | 205.3 (1) a petition for an environmental assessment worksheet is dismissed; |
---|
6996 | | - | 205.4 (2) a negative declaration has been issued on the need for an environmental impact |
---|
6997 | | - | 205.5statement; |
---|
6998 | | - | 205.6 (3) the environmental impact statement has been determined adequate; or |
---|
6999 | | - | 205.7 (4) a variance has been granted from making an environmental impact statement by the |
---|
7000 | | - | 205.8environmental quality board. |
---|
7001 | | - | 205.9 (b) Nothing in this subdivision precludes a local unit of government from beginning to |
---|
7002 | | - | 205.10review a feedlot permit application for a feedlot subject to environmental review under this |
---|
7003 | | - | 205.11chapter. |
---|
7004 | | - | 205.12Sec. 7. Minnesota Statutes 2024, section 116D.04, subdivision 5a, is amended to read: |
---|
7005 | | - | 205.13 Subd. 5a.Rules.The board shall, by January 1, 1981, promulgate rules in conformity |
---|
7006 | | - | 205.14with this chapter and the provisions of chapter 15, establishing: |
---|
7007 | | - | 205.15 (1) the governmental unit which shall be responsible for environmental review of a |
---|
7008 | | - | 205.16proposed action; |
---|
7009 | | - | 205.17 (2) the form and content of environmental assessment worksheets; |
---|
7010 | | - | 205.18 (3) a scoping process in conformance with subdivision 2a, paragraph (h) (i); |
---|
7011 | | - | 205.19 (4) a procedure for identifying during the scoping process the permits necessary for a |
---|
7012 | | - | 205.20proposed action and a process for coordinating review of appropriate permits with the |
---|
7013 | | - | 205.21preparation of the environmental impact statement; |
---|
7014 | | - | 205.22 (5) a standard format for environmental impact statements; |
---|
7015 | | - | 205.23 (6) standards for determining the alternatives to be discussed in an environmental impact |
---|
7016 | | - | 205.24statement; |
---|
7017 | | - | 205.25 (7) alternative forms of environmental review which are acceptable pursuant to |
---|
7018 | | - | 205.26subdivision 4a; |
---|
7019 | | - | 205.27 (8) a model ordinance which may be adopted and implemented by local governmental |
---|
7020 | | - | 205.28units in lieu of the environmental impact statement process required by this section, providing |
---|
7021 | | - | 205.29for an alternative form of environmental review where an action does not require a state |
---|
7022 | | - | 205.30agency permit and is consistent with an applicable comprehensive plan. The model ordinance |
---|
7023 | | - | 205.31shall provide for adequate consideration of appropriate alternatives, and shall ensure that |
---|
7024 | | - | 205Article 7 Sec. 7. |
---|
7025 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 206.1decisions are made in accordance with the policies and purposes of Laws 1980, chapter |
---|
7026 | | - | 206.2447; |
---|
7027 | | - | 206.3 (9) procedures to reduce paperwork and delay through intergovernmental cooperation |
---|
7028 | | - | 206.4and the elimination of unnecessary duplication of environmental reviews; |
---|
7029 | | - | 206.5 (10) procedures for expediting the selection of consultants by the governmental unit |
---|
7030 | | - | 206.6responsible for the preparation of an environmental impact statement; and |
---|
7031 | | - | 206.7 (11) any additional rules which are reasonably necessary to carry out the requirements |
---|
7032 | | - | 206.8of this section. |
---|
7033 | | - | 206.9Sec. 8. Minnesota Statutes 2024, section 116D.045, subdivision 1, is amended to read: |
---|
7034 | | - | 206.10 Subdivision 1.Assessment.The board must by rule adopt procedures to: |
---|
7035 | | - | 206.11 (1) assess the proposer of a specific action for the responsible governmental unit's |
---|
7036 | | - | 206.12reasonable costs of preparing, reviewing, and distributing the environmental impact statement. |
---|
7037 | | - | 206.13The costs must be determined by the responsible governmental unit according to the rules |
---|
7038 | | - | 206.14adopted by the board; and |
---|
7039 | | - | 206.15 (2) authorize a responsible governmental unit to allow a proposer of a specific action to |
---|
7040 | | - | 206.16prepare a draft environmental impact statement according to section 116D.04, subdivision |
---|
7041 | | - | 206.172a, paragraph (k) (l). |
---|
7042 | | - | 206.18Sec. 9. SCOPING ENVIRONMENT AL ASSESSMENT WORKSHEET NOT |
---|
7043 | | - | 206.19REQUIRED FOR PROJECTS THAT REQUIRE A MANDATORY |
---|
7044 | | - | 206.20ENVIRONMENT AL IMPACT STATEMENT. |
---|
7045 | | - | 206.21 (a) The Environmental Quality Board must amend Minnesota Rules, part 4410.2100, as |
---|
7046 | | - | 206.22follows: |
---|
7047 | | - | 206.23 (1) to provide that an environmental assessment worksheet does not need to be prepared |
---|
7048 | | - | 206.24for a project that falls within a mandatory environmental impact statement category under |
---|
7049 | | - | 206.25Minnesota Rules, part 4410.4400, or other applicable law; and |
---|
7050 | | - | 206.26 (2) to provide that a scoping process undertaken under Minnesota Rules, part 4410.2100, |
---|
7051 | | - | 206.27must be completed no later than 280 days after the process begins. |
---|
7052 | | - | 206.28 (b) The board may use the good-cause exemption under Minnesota Statutes, section |
---|
7053 | | - | 206.2914.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, |
---|
7054 | | - | 206.30section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388. |
---|
7055 | | - | 206Article 7 Sec. 9. |
---|
7056 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM 207.1Sec. 10. STATE IMPLEMENTATION PLAN REVISIONS. |
---|
7057 | | - | 207.2 The commissioner of the Pollution Control Agency must seek approval from the federal |
---|
7058 | | - | 207.3Environmental Protection Agency for revisions to the state's federal Clean Air Act state |
---|
7059 | | - | 207.4implementation plan if changes are needed to reflect the requirements of Minnesota Statutes, |
---|
7060 | | - | 207.5section 116.07, subdivision 4a, as amended by this act. |
---|
7061 | | - | 207.6Sec. 11. REPORT ON USE OF AUTHORITY TO EXTEND TIMELINE FOR |
---|
7062 | | - | 207.7CERTAIN AGENCY ACTIONS. |
---|
7063 | | - | 207.8 By February 15, 2028, the Board of Water and Soil Resources must report to the chairs |
---|
7064 | | - | 207.9and ranking minority members of the legislative committees with jurisdiction over |
---|
7065 | | - | 207.10environment and natural resources policy on the number of extensions noticed under |
---|
7066 | | - | 207.11Minnesota Statutes, section 15.99, subdivision 3, paragraph (f), that are made for any decision |
---|
7067 | | - | 207.12under Minnesota Rules, chapter 8420, between January 1, 2026, and December 31, 2027. |
---|
7068 | | - | 207.13A local government unit must supply the board with information necessary to prepare the |
---|
7069 | | - | 207.14report required by this section. |
---|
7070 | | - | 207Article 7 Sec. 11. |
---|
7071 | | - | S2077-1 1st EngrossmentSF2077 REVISOR CKM Page.Ln 2.2 |
---|
7072 | | - | ENVIRONMENT AND NATURAL RESOURCES |
---|
7073 | | - | APPROPRIATIONS...............................................................................ARTICLE 1 |
---|
7074 | | - | Page.Ln 38.6 |
---|
7075 | | - | ENVIRONMENT AND NATURAL RESOURCES TRUST FUND |
---|
7076 | | - | APPROPRIATIONS...............................................................................ARTICLE 2 |
---|
7077 | | - | Page.Ln 103.15 |
---|
7078 | | - | ENVIRONMENT AND NATURAL RESOURCES TRUST FUND |
---|
7079 | | - | COMMUNITY GRANTS APPROPRIATIONS....................................ARTICLE 3 |
---|
7080 | | - | Page.Ln 103.24ENVIRONMENT AND NATURAL RESOURCES POLICY..............ARTICLE 4 |
---|
7081 | | - | Page.Ln 158.1STATE LANDS......................................................................................ARTICLE 5 |
---|
7082 | | - | Page.Ln 161.5ELECTRONIC WASTE AND BATTERY STEWARDSHIP................ARTICLE 6 |
---|
7083 | | - | Page.Ln 192.2ENVIRONMENTAL PERMITTING REFORM...................................ARTICLE 7 |
---|
| 1125 | + | 32.28Sec. 6. CONSERVATION CORPS |
---|
| 1126 | + | 32.29MINNESOTA AND IOWA |
---|
| 1127 | + | 32.30 Appropriations by Fund |
---|
| 1128 | + | 202732.31 2026 |
---|
| 1129 | + | 580,000580,00032.32General |
---|
| 1130 | + | 490,000490,00032.33Natural Resources |
---|
| 1131 | + | 32Article 1 Sec. 6. |
---|
| 1132 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 33.1Conservation Corps Minnesota and Iowa may |
---|
| 1133 | + | 33.2receive money appropriated from the natural |
---|
| 1134 | + | 33.3resources fund under this section only as |
---|
| 1135 | + | 33.4provided in an agreement with the |
---|
| 1136 | + | 33.5commissioner of natural resources. |
---|
| 1137 | + | 14,532,000$14,180,000$33.6Sec. 7. ZOOLOGICAL BOARD |
---|
| 1138 | + | 33.7 Appropriations by Fund |
---|
| 1139 | + | 202733.8 2026 |
---|
| 1140 | + | 14,277,00013,925,00033.9General |
---|
| 1141 | + | 255,000255,00033.10Natural Resources |
---|
| 1142 | + | 33.11$255,000 the first year and $255,000 the |
---|
| 1143 | + | 33.12second year are from the natural resources |
---|
| 1144 | + | 33.13fund from revenue deposited under Minnesota |
---|
| 1145 | + | 33.14Statutes, section 297A.94, paragraph (h), |
---|
| 1146 | + | 33.15clause (5). |
---|
| 1147 | + | 1,260,000$1,260,000$33.16Sec. 8. SCIENCE MUSEUM |
---|
| 1148 | + | 33.17Sec. 9. CANCELLATION. |
---|
| 1149 | + | 33.18 Up to $3,915,000 of the unencumbered balance of the general fund appropriation from |
---|
| 1150 | + | 33.19Laws 2022, chapter 95, article 3, section 6, paragraph (b), cancels no later than June 30, |
---|
| 1151 | + | 33.202026. |
---|
| 1152 | + | 33.21 ARTICLE 2 |
---|
| 1153 | + | 33.22 ENVIRONMENT AND NATURAL RESOURCES POLICY |
---|
| 1154 | + | 33.23Section 1. Minnesota Statutes 2024, section 85.055, subdivision 1, is amended to read: |
---|
| 1155 | + | 33.24 Subdivision 1.Fees.(a) The fee for state park permits for: |
---|
| 1156 | + | 33.25 (1) an annual use of state parks is $35 $45; |
---|
| 1157 | + | 33.26 (2) a second or subsequent vehicle state park permit is $26 $35; |
---|
| 1158 | + | 33.27 (3) a state park permit valid for one day is $7 $10; |
---|
| 1159 | + | 33.28 (4) a daily vehicle state park permit for groups is $5 $8; |
---|
| 1160 | + | 33.29 (5) an annual permit for motorcycles is $30 $40; |
---|
| 1161 | + | 33.30 (6) an employee's state park permit is without charge; and |
---|
| 1162 | + | 33Article 2 Section 1. |
---|
| 1163 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 34.1 (7) a state park permit for persons with disabilities under section 85.053, subdivision 7, |
---|
| 1164 | + | 34.2paragraph (a), clauses (1) to (3), is $12 $20. |
---|
| 1165 | + | 34.3 (b) The fees specified in this subdivision include any sales tax required by state law. |
---|
| 1166 | + | 34.4 Sec. 2. Minnesota Statutes 2024, section 86B.415, subdivision 7, is amended to read: |
---|
| 1167 | + | 34.5 Subd. 7.Watercraft surcharge.A $10.60 surcharge is placed on each watercraft licensed |
---|
| 1168 | + | 34.6under subdivisions 1 to 5 for control, public awareness, law enforcement, monitoring, and |
---|
| 1169 | + | 34.7research of aquatic invasive species such as zebra mussel, purple loosestrife, and Eurasian |
---|
| 1170 | + | 34.8watermilfoil in public waters and public wetlands. The surcharge is: |
---|
| 1171 | + | 34.9 (1) for a watercraft 19 feet or less in length, other than a watercraft listed in clauses (2) |
---|
| 1172 | + | 34.10to (8), $29; |
---|
| 1173 | + | 34.11 (2) for a watercraft, other than personal watercraft, 19 feet in length or less that is offered |
---|
| 1174 | + | 34.12for rent or lease, $25; |
---|
| 1175 | + | 34.13 (3) for a sailboat 19 feet in length or less, $20; |
---|
| 1176 | + | 34.14 (4) for a watercraft used by a nonprofit corporation for teaching boat and water safety, |
---|
| 1177 | + | 34.15$14; |
---|
| 1178 | + | 34.16 (5) for a watercraft owned by a dealer under a dealer's license, $50; |
---|
| 1179 | + | 34.17 (6) for a personal watercraft, including one offered for rent or lease, $25; |
---|
| 1180 | + | 34.18 (7) for a watercraft less than 17 feet in length, other than a watercraft listed in clauses |
---|
| 1181 | + | 34.19(2) to (6), $25; |
---|
| 1182 | + | 34.20 (8) for a canoe, kayak, sailboard, paddleboard, paddleboat, or rowing shell over ten feet |
---|
| 1183 | + | 34.21in length, $20; |
---|
| 1184 | + | 34.22 (9) for a watercraft more than 19 feet but less than 26 feet in length, other than a |
---|
| 1185 | + | 34.23watercraft listed in clauses (4), (5), (8), and (12), $38; |
---|
| 1186 | + | 34.24 (10) for a watercraft 26 feet but less than 40 feet in length, other than a watercraft listed |
---|
| 1187 | + | 34.25in clauses (4), (5), (8), and (12), $50; |
---|
| 1188 | + | 34.26 (11) for a watercraft 40 feet in length or longer, other than a watercraft listed in clauses |
---|
| 1189 | + | 34.27(4), (5), (8), and (12), $62; and |
---|
| 1190 | + | 34.28 (12) for a watercraft used primarily for charter fishing, commercial fishing, commercial |
---|
| 1191 | + | 34.29passenger carrying, or other commercial operation, $50. |
---|
| 1192 | + | 34.30 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
| 1193 | + | 34Article 2 Sec. 2. |
---|
| 1194 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 35.1 Sec. 3. Minnesota Statutes 2024, section 103G.271, subdivision 6, is amended to read: |
---|
| 1195 | + | 35.2 Subd. 6.Water-use permit; processing fee.(a) Except as described in paragraphs (b) |
---|
| 1196 | + | 35.3to (g), a water-use permit processing fee must be prescribed by the commissioner in |
---|
| 1197 | + | 35.4accordance with the schedule of fees in this subdivision for each water-use permit in force |
---|
| 1198 | + | 35.5at any time during the year. Fees collected under this paragraph are credited to the water |
---|
| 1199 | + | 35.6management account in the natural resources fund. The schedule is as follows, with the |
---|
| 1200 | + | 35.7stated fee in each clause applied to the total amount appropriated: |
---|
| 1201 | + | 35.8 (1) $140 $200 for amounts not exceeding 50,000,000 gallons per year; |
---|
| 1202 | + | 35.9 (2) $3.50 $6 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less |
---|
| 1203 | + | 35.10than 100,000,000 gallons per year; |
---|
| 1204 | + | 35.11 (3) $4 $7 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less |
---|
| 1205 | + | 35.12than 150,000,000 gallons per year; |
---|
| 1206 | + | 35.13 (4) $4.50 $8 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but |
---|
| 1207 | + | 35.14less than 200,000,000 gallons per year; |
---|
| 1208 | + | 35.15 (5) $5 $9 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less |
---|
| 1209 | + | 35.16than 250,000,000 gallons per year; |
---|
| 1210 | + | 35.17 (6) $5.50 $10 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but |
---|
| 1211 | + | 35.18less than 300,000,000 gallons per year; |
---|
| 1212 | + | 35.19 (7) $6 $11 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less |
---|
| 1213 | + | 35.20than 350,000,000 gallons per year; |
---|
| 1214 | + | 35.21 (8) $6.50 $12 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but |
---|
| 1215 | + | 35.22less than 400,000,000 gallons per year; |
---|
| 1216 | + | 35.23 (9) $7 $13 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less |
---|
| 1217 | + | 35.24than 450,000,000 gallons per year; |
---|
| 1218 | + | 35.25 (10) $7.50 $14 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but |
---|
| 1219 | + | 35.26less than 500,000,000 gallons per year; and |
---|
| 1220 | + | 35.27 (11) $8 $15 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per |
---|
| 1221 | + | 35.28year. |
---|
| 1222 | + | 35.29 (b) For once-through cooling systems, a water-use processing fee must be prescribed |
---|
| 1223 | + | 35.30by the commissioner in accordance with the following schedule of fees for each water-use |
---|
| 1224 | + | 35.31permit in force at any time during the year: |
---|
| 1225 | + | 35Article 2 Sec. 3. |
---|
| 1226 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 36.1 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and |
---|
| 1227 | + | 36.2 (2) for all other users, $420 per 1,000,000 gallons. |
---|
| 1228 | + | 36.3 (c) The fee is payable based on the amount of water appropriated during the year and, |
---|
| 1229 | + | 36.4except as provided in paragraph (f), the minimum fee is $100. |
---|
| 1230 | + | 36.5 (d) For water-use processing fees other than once-through cooling systems: |
---|
| 1231 | + | 36.6 (1) the fee for a city of the first class may not exceed $250,000 $325,000 per year; |
---|
| 1232 | + | 36.7 (2) the fee for other entities for any permitted use may not exceed: |
---|
| 1233 | + | 36.8 (i) $60,000 $75,000 per year for an entity holding three or fewer permits; |
---|
| 1234 | + | 36.9 (ii) $90,000 $125,000 per year for an entity holding four or five permits; or |
---|
| 1235 | + | 36.10 (iii) $300,000 $400,000 per year for an entity holding more than five permits; |
---|
| 1236 | + | 36.11 (3) the fee for agricultural irrigation may not exceed $750 $1,500 per year; |
---|
| 1237 | + | 36.12 (4) the fee for a municipality that furnishes electric service and cogenerates steam for |
---|
| 1238 | + | 36.13home heating may not exceed $10,000 for its permit for water use related to the cogeneration |
---|
| 1239 | + | 36.14of electricity and steam; |
---|
| 1240 | + | 36.15 (5) the fee for a facility that temporarily diverts a water of the state from its natural |
---|
| 1241 | + | 36.16channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per |
---|
| 1242 | + | 36.17year. A permit for such a facility does not count toward the number of permits held by an |
---|
| 1243 | + | 36.18entity as described in this paragraph; and |
---|
| 1244 | + | 36.19 (6) no fee is required for a project involving the appropriation of surface water to prevent |
---|
| 1245 | + | 36.20flood damage or to remove floodwaters during a period of flooding, as determined by the |
---|
| 1246 | + | 36.21commissioner. |
---|
| 1247 | + | 36.22 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten |
---|
| 1248 | + | 36.23percent per month calculated from the original due date must be imposed on the unpaid |
---|
| 1249 | + | 36.24balance of fees remaining 30 days after the sending of a second notice of fees due. A fee |
---|
| 1250 | + | 36.25may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal |
---|
| 1251 | + | 36.26governmental agency holding a water appropriation permit. |
---|
| 1252 | + | 36.27 (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural |
---|
| 1253 | + | 36.28land is $20 $100 for years in which: |
---|
| 1254 | + | 36.29 (1) there is no appropriation of water under the permit; or |
---|
| 1255 | + | 36.30 (2) the permit is suspended for more than seven consecutive days between May 1 and |
---|
| 1256 | + | 36.31October 1. |
---|
| 1257 | + | 36Article 2 Sec. 3. |
---|
| 1258 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 37.1 (g) The commissioner shall waive the water-use permit fee for installations and projects |
---|
| 1259 | + | 37.2that use stormwater runoff or where public entities are diverting water to treat a water quality |
---|
| 1260 | + | 37.3issue and returning the water to its source without using the water for any other purpose, |
---|
| 1261 | + | 37.4unless the commissioner determines that the proposed use adversely affects surface water |
---|
| 1262 | + | 37.5or groundwater. |
---|
| 1263 | + | 37.6 (h) A surcharge of $50 per million gallons in addition to the fee prescribed in paragraph |
---|
| 1264 | + | 37.7(a) shall be is applied to the volume of water used in each of the months of May, June, July, |
---|
| 1265 | + | 37.8August, and September that exceeds the volume of water used in January for municipal |
---|
| 1266 | + | 37.9water use, irrigation of golf courses, and landscape irrigation. The surcharge for |
---|
| 1267 | + | 37.10municipalities with more than one permit shall be is determined based on the total |
---|
| 1268 | + | 37.11appropriations from all permits that supply a common distribution system. |
---|
| 1269 | + | 37.12 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
| 1270 | + | 37.13Sec. 4. Minnesota Statutes 2024, section 103G.301, subdivision 2, is amended to read: |
---|
| 1271 | + | 37.14 Subd. 2.Permit application and notification fees.(a) A fee to defray the costs of |
---|
| 1272 | + | 37.15receiving, recording, and processing must be paid for a permit application authorized under |
---|
| 1273 | + | 37.16this chapter, except for a general permit application, for each request to amend or transfer |
---|
| 1274 | + | 37.17an existing permit, and for a notification to request authorization to conduct a project under |
---|
| 1275 | + | 37.18a general permit. Fees established under this subdivision, unless specified in paragraph (c), |
---|
| 1276 | + | 37.19must comply with section 16A.1285. |
---|
| 1277 | + | 37.20 (b) Proposed projects that require water in excess of 100 million gallons per year must |
---|
| 1278 | + | 37.21be assessed fees to recover the costs incurred to evaluate the project and the costs incurred |
---|
| 1279 | + | 37.22for environmental review. Fees collected under this paragraph must be credited to an account |
---|
| 1280 | + | 37.23in the natural resources fund and are appropriated to the commissioner. |
---|
| 1281 | + | 37.24 (c) The fee to apply for a permit to appropriate water, in addition to any fee under |
---|
| 1282 | + | 37.25paragraph (b), is $150 $600. The application fee for a permit to construct or repair a dam |
---|
| 1283 | + | 37.26that is subject to a dam safety inspection, to work in public waters, or to divert waters for |
---|
| 1284 | + | 37.27mining must be at least $1,200, but not more than $12,000. The fee for a notification to |
---|
| 1285 | + | 37.28request authorization to conduct a project under a general permit is $400, except that the |
---|
| 1286 | + | 37.29fee for a notification to request authorization to appropriate water under a general permit |
---|
| 1287 | + | 37.30is $100. |
---|
| 1288 | + | 37.31 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
| 1289 | + | 37Article 2 Sec. 4. |
---|
| 1290 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 38.1 Sec. 5. Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to |
---|
| 1291 | + | 38.2read: |
---|
| 1292 | + | 38.3 Subd. 2a.Commissioner."Commissioner" means the commissioner of the Pollution |
---|
| 1293 | + | 38.4Control Agency. |
---|
| 1294 | + | 38.5 Sec. 6. Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to |
---|
| 1295 | + | 38.6read: |
---|
| 1296 | + | 38.7 Subd. 15a.Release."Release" has the meaning given in section 115B.02, subdivision |
---|
| 1297 | + | 38.815. |
---|
| 1298 | + | 38.9 Sec. 7. Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to |
---|
| 1299 | + | 38.10read: |
---|
| 1300 | + | 38.11 Subd. 15b.Respond or response."Respond" or "response" means to remedy or a |
---|
| 1301 | + | 38.12remedial action as defined under section 115B.02, subdivision 16, or to remove or a removal |
---|
| 1302 | + | 38.13as defined under section 115B.02, subdivision 17. |
---|
| 1303 | + | 38.14Sec. 8. Minnesota Statutes 2024, section 115.071, subdivision 1, is amended to read: |
---|
| 1304 | + | 38.15 Subdivision 1.Remedies available.The provisions of sections 103F.701 to 103F.755, |
---|
| 1305 | + | 38.16this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 325E.12 |
---|
| 1306 | + | 38.17and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance, |
---|
| 1307 | + | 38.18and permits adopted or issued by the agency thereunder or under any other law now in force |
---|
| 1308 | + | 38.19or hereafter enacted for the prevention, control, or abatement of pollution may be enforced |
---|
| 1309 | + | 38.20by any one or any combination of the following: criminal prosecution; action to recover |
---|
| 1310 | + | 38.21civil penalties; injunction; action to compel or cease performance; or other appropriate |
---|
| 1311 | + | 38.22action, in accordance with the provisions of said chapters and this section. |
---|
| 1312 | + | 38.23 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 1313 | + | 38.24Sec. 9. Minnesota Statutes 2024, section 115.072, is amended to read: |
---|
| 1314 | + | 38.25 115.072 RECOVERING LITIGATION COSTS AND EXPENSES INCURRED IN |
---|
| 1315 | + | 38.26RESPONDING TO A RELEASE OR THREATENED RELEASE OF POLLUTANTS |
---|
| 1316 | + | 38.27AND CONTAMINANTS. |
---|
| 1317 | + | 38.28 (a) In any action brought by the attorney general, in the name of the state, pursuant to |
---|
| 1318 | + | 38.29the provisions of this chapter and chapters 114C, 114E, and 116, for civil penalties, injunctive |
---|
| 1319 | + | 38.30relief, or in an action to compel compliance, if the state shall finally prevail, and if the |
---|
| 1320 | + | 38Article 2 Sec. 9. |
---|
| 1321 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 39.1proven violation was willful, the state, in addition to other penalties provided in this chapter, |
---|
| 1322 | + | 39.2may be allowed an amount determined by the court to be the reasonable value of all or a |
---|
| 1323 | + | 39.3part of the litigation expenses incurred by the state. In determining the amount of such |
---|
| 1324 | + | 39.4litigation expenses to be allowed, the court shall give consideration to the economic |
---|
| 1325 | + | 39.5circumstances of the defendant. |
---|
| 1326 | + | 39.6 (b) Amounts recovered under the provisions of this section paragraph (a) and section |
---|
| 1327 | + | 39.7115.071, subdivisions 3 to 5, shall must be paid into the environmental fund in the state |
---|
| 1328 | + | 39.8treasury to the extent provided in section 115.073. |
---|
| 1329 | + | 39.9 (c) Any reasonable and necessary expenses, including all response costs, corrective |
---|
| 1330 | + | 39.10action costs, staff time, and administrative and legal expenses, incurred by the commissioner |
---|
| 1331 | + | 39.11to respond to releases or threatened releases from pollutants or contaminants that are |
---|
| 1332 | + | 39.12otherwise excluded from recovery under chapter 115B may be recovered in a civil action |
---|
| 1333 | + | 39.13brought by the attorney general against any person. The commissioner's certification of |
---|
| 1334 | + | 39.14expenses is prima facie evidence that the expenses are reasonable and necessary. Any |
---|
| 1335 | + | 39.15expenses that are recovered by the attorney general under this paragraph must be deposited |
---|
| 1336 | + | 39.16in the fund from which they were paid. |
---|
| 1337 | + | 39.17 (d) Any reasonable and necessary expenses, including all response costs, corrective |
---|
| 1338 | + | 39.18action costs, staff time, and administrative and legal expenses, incurred by a local unit of |
---|
| 1339 | + | 39.19government to respond to releases or threatened releases from pollutants or contaminants |
---|
| 1340 | + | 39.20that are otherwise excluded from recovery under chapter 115B may be recovered in a civil |
---|
| 1341 | + | 39.21action brought by the local unit of government against any person. |
---|
| 1342 | + | 39.22Sec. 10. Minnesota Statutes 2024, section 115A.121, is amended to read: |
---|
| 1343 | + | 39.23 115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION; |
---|
| 1344 | + | 39.24CONSOLIDATED REPORT. |
---|
| 1345 | + | 39.25 The commissioner shall prepare and adopt a report on pollution prevention activities |
---|
| 1346 | + | 39.26required in chapters 115A, 115D, and 325E. The report must include activities required |
---|
| 1347 | + | 39.27under section 115A.1320. The commissioner must submit the report to the senate and house |
---|
| 1348 | + | 39.28of representatives committees having jurisdiction over environment and natural resources |
---|
| 1349 | + | 39.29by December 31, 2013, and every four years thereafter. |
---|
| 1350 | + | 39.30 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 1351 | + | 39Article 2 Sec. 10. |
---|
| 1352 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 40.1 Sec. 11. [115A.1331] STEWARDSHIP PROGRAM FOR CIRCUIT BOARDS, |
---|
| 1353 | + | 40.2BATTERIES, AND ELECTRICAL PRODUCTS; DEFINITIONS. |
---|
| 1354 | + | 40.3 (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this |
---|
| 1355 | + | 40.4section. |
---|
| 1356 | + | 40.5 (b) "Battery" means a device that contains one or more voltaic or galvanic cells that are |
---|
| 1357 | + | 40.6electrically connected to produce electric energy, including any structural members, insulative |
---|
| 1358 | + | 40.7casing surrounding the cells, and electrical connectors. |
---|
| 1359 | + | 40.8 (c) "Board" means the Covered Products Reimbursement Board established under section |
---|
| 1360 | + | 40.9115A.1333. |
---|
| 1361 | + | 40.10 (d) "Brand" means a trademark, including both a registered and an unregistered trademark; |
---|
| 1362 | + | 40.11a logo; a name; a symbol; a word; an identifier; or a traceable mark that identifies a covered |
---|
| 1363 | + | 40.12product or other electrical product and identifies the owner or licensee of the brand as the |
---|
| 1364 | + | 40.13producer of the product. |
---|
| 1365 | + | 40.14 (e) "Circuit board" means a nonconductive substrate onto which one or more layers of |
---|
| 1366 | + | 40.15conductive paths have been printed or wires attached for mounting and interconnecting |
---|
| 1367 | + | 40.16electronic components, such as resistors, capacitors, diodes, transistors, integrated circuit |
---|
| 1368 | + | 40.17chips, and connecting wires. Circuit boards include printed circuit boards, printed wiring |
---|
| 1369 | + | 40.18boards, and any other style or type of circuit board. |
---|
| 1370 | + | 40.19 (f) "Collection site" means a physical location where a collector collects covered products |
---|
| 1371 | + | 40.20and other electrical products from members of the public and businesses. Collection site |
---|
| 1372 | + | 40.21includes a location regardless of whether it is operated permanently, temporarily, or for |
---|
| 1373 | + | 40.22purposes of a collection event. |
---|
| 1374 | + | 40.23 (g) "Collector" means a person that collects covered products and other electrical products |
---|
| 1375 | + | 40.24on behalf of the stewardship organization and receives reimbursement from the stewardship |
---|
| 1376 | + | 40.25organization for the collector's costs to collect and manage the products. |
---|
| 1377 | + | 40.26 (h) "Covered battery" means a battery of any type, physical size, or energy capacity |
---|
| 1378 | + | 40.27except a lead-acid battery with a free liquid electrolyte. |
---|
| 1379 | + | 40.28 (i) "Covered circuit board" means any circuit board except a circuit board in: |
---|
| 1380 | + | 40.29 (1) a major appliance; |
---|
| 1381 | + | 40.30 (2) an appliance or tool powered by electrical power of greater than 240 volts alternating |
---|
| 1382 | + | 40.31current; or |
---|
| 1383 | + | 40Article 2 Sec. 11. |
---|
| 1384 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 41.1 (3) an appliance or tool designed, manufactured, and intended solely for use in |
---|
| 1385 | + | 41.2manufacturing, industrial, or other commercial settings. |
---|
| 1386 | + | 41.3 (j) "Covered product" means: |
---|
| 1387 | + | 41.4 (1) a covered circuit board; |
---|
| 1388 | + | 41.5 (2) a covered battery; |
---|
| 1389 | + | 41.6 (3) a cathode-ray tube; and |
---|
| 1390 | + | 41.7 (4) a product that has a covered circuit board, a covered battery, or a cathode-ray tube |
---|
| 1391 | + | 41.8contained within it or otherwise attached or connected to it, except; |
---|
| 1392 | + | 41.9 (i) a medical device meeting the definition of a device under United States Code, title |
---|
| 1393 | + | 41.1021, section 321, unless it is marketed for use in a household, as defined in section 115A.96; |
---|
| 1394 | + | 41.11and |
---|
| 1395 | + | 41.12 (ii) a motor vehicle, as defined in section 168.002. |
---|
| 1396 | + | 41.13 (k) "Covered services" means collection, sorting, storage, transport, processing, repair, |
---|
| 1397 | + | 41.14refurbishment, reuse, recycling, or disposal of covered products, other electrical products, |
---|
| 1398 | + | 41.15and residual materials. |
---|
| 1399 | + | 41.16 (l) "De minimis producer" means a producer that, in the most recent calendar year, had |
---|
| 1400 | + | 41.17fewer than 100 covered products that were sold in or into the state and for which the producer |
---|
| 1401 | + | 41.18was responsible. |
---|
| 1402 | + | 41.19 (m) "Facilitate a sale" means to assist a person in transferring title or possession of a |
---|
| 1403 | + | 41.20covered product or other electrical product, regardless of whether title or possession is ever |
---|
| 1404 | + | 41.21acquired by the person facilitating a sale, such as by operating an online marketplace, |
---|
| 1405 | + | 41.22publishing an offer for sale on a website, physically storing inventory of products, entering |
---|
| 1406 | + | 41.23into a contract to allow another person to list a product for sale, processing payment on |
---|
| 1407 | + | 41.24behalf of another person, entering into a contract with a buyer or a seller related to a sale, |
---|
| 1408 | + | 41.25or otherwise providing a sales process. Facilitate a sale does not include acting solely as: |
---|
| 1409 | + | 41.26 (1) an advertiser; |
---|
| 1410 | + | 41.27 (2) a payment processor; or |
---|
| 1411 | + | 41.28 (3) a common carrier. |
---|
| 1412 | + | 41.29 (n) "Independent auditor" means an independent and actively licensed certified public |
---|
| 1413 | + | 41.30accountant that is: |
---|
| 1414 | + | 41.31 (1) retained by the stewardship organization; |
---|
| 1415 | + | 41Article 2 Sec. 11. |
---|
| 1416 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 42.1 (2) not otherwise employed by or affiliated with the stewardship organization; and |
---|
| 1417 | + | 42.2 (3) qualified to conduct an audit under section 115A.1337, subdivision 5, paragraph (b), |
---|
| 1418 | + | 42.3clause (6). |
---|
| 1419 | + | 42.4 (o) "Other electrical product" means an appliance or tool that is powered by electricity |
---|
| 1420 | + | 42.5provided through a flexible cord with an attached standardized plug intended for temporary, |
---|
| 1421 | + | 42.6manual connection to the electrical distribution system in a residential or commercial |
---|
| 1422 | + | 42.7structure. Other electrical product does not include: |
---|
| 1423 | + | 42.8 (1) a covered product; |
---|
| 1424 | + | 42.9 (2) a major appliance; |
---|
| 1425 | + | 42.10 (3) an appliance or tool powered by electrical power of greater than 240 volts alternating |
---|
| 1426 | + | 42.11current; or |
---|
| 1427 | + | 42.12 (4) an appliance or tool designed, manufactured, and intended solely for use in |
---|
| 1428 | + | 42.13manufacturing, industrial, or other commercial settings. |
---|
| 1429 | + | 42.14 (p) "Participant" means a producer that is named by the stewardship organization as |
---|
| 1430 | + | 42.15meeting the producer's obligations under sections 115A.1331 to 115A.1347 to contract with |
---|
| 1431 | + | 42.16a stewardship organization and to pay for a stewardship program that meets the producer's |
---|
| 1432 | + | 42.17obligations on the producer's behalf. |
---|
| 1433 | + | 42.18 (q) "Permanent year-round collection site" means a collection site that is open at least |
---|
| 1434 | + | 42.1912 operating hours per week, 50 weeks each calendar year. |
---|
| 1435 | + | 42.20 (r) "Producer" means, with respect to a covered product or other electrical product that |
---|
| 1436 | + | 42.21is sold, including online sales; offered for sale or promotional purposes; or distributed in |
---|
| 1437 | + | 42.22or into the state: |
---|
| 1438 | + | 42.23 (1) a person that manufactured: |
---|
| 1439 | + | 42.24 (i) the covered product; |
---|
| 1440 | + | 42.25 (ii) any component of the covered product if the component is also a covered product; |
---|
| 1441 | + | 42.26or |
---|
| 1442 | + | 42.27 (iii) the other electrical product; |
---|
| 1443 | + | 42.28 (2) a person that imported into the United States: |
---|
| 1444 | + | 42.29 (i) the covered product; |
---|
| 1445 | + | 42.30 (ii) any component of the covered product if the component is also a covered product; |
---|
| 1446 | + | 42.31or |
---|
| 1447 | + | 42Article 2 Sec. 11. |
---|
| 1448 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 43.1 (iii) the other electrical product; and |
---|
| 1449 | + | 43.2 (3) a person that owns or controls or is licensed to use a brand under which the covered |
---|
| 1450 | + | 43.3product or other electrical product is sold, including online sales; offered for sale or |
---|
| 1451 | + | 43.4promotional purposes; or distributed in or into the state. |
---|
| 1452 | + | 43.5 (s) "Responsible market" means a market for covered products and other electrical |
---|
| 1453 | + | 43.6products, for reusable or repairable components of covered products and other electrical |
---|
| 1454 | + | 43.7products, for reclaimed materials from covered products and other electrical products, or |
---|
| 1455 | + | 43.8for any other recyclable residues from covered products and other electrical products that: |
---|
| 1456 | + | 43.9 (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a |
---|
| 1457 | + | 43.10manner that protects the environment and minimizes risks to public health and worker health |
---|
| 1458 | + | 43.11and safety; |
---|
| 1459 | + | 43.12 (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and |
---|
| 1460 | + | 43.13other laws governing environmental, health, safety, and financial responsibility; |
---|
| 1461 | + | 43.14 (3) possesses all licenses and permits required by a federal or state agency or political |
---|
| 1462 | + | 43.15subdivision; |
---|
| 1463 | + | 43.16 (4) if operating in the state, recycles covered products and other electrical products to |
---|
| 1464 | + | 43.17the maximum extent practicable in accordance with section 115A.02, paragraph (b); and |
---|
| 1465 | + | 43.18 (5) minimizes adverse impacts to environmental justice areas. |
---|
| 1466 | + | 43.19 (t) "Stewardship organization" means a nonprofit organization as described in section |
---|
| 1467 | + | 43.20501(c)(3) of the Internal Revenue Code that enters into a contract with producers to draft |
---|
| 1468 | + | 43.21and submit a plan for, implement, and administer a stewardship program under sections |
---|
| 1469 | + | 43.22115A.1331 to 115A.1347 on the producers' behalf. |
---|
| 1470 | + | 43.23 (u) "Stewardship plan" means a plan that is prepared according to section 115A.1335 |
---|
| 1471 | + | 43.24and submitted to the commissioner by a stewardship organization. |
---|
| 1472 | + | 43.25 (v) "Stewardship program" means a system implemented by a stewardship organization |
---|
| 1473 | + | 43.26that provides and pays for covered services and all other activities described in a stewardship |
---|
| 1474 | + | 43.27plan approved by the commissioner under section 115A.1335, subdivision 4. |
---|
| 1475 | + | 43.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 1476 | + | 43Article 2 Sec. 11. |
---|
| 1477 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 44.1 Sec. 12. [115A.1333] COVERED PRODUCTS REIMBURSEMENT BOARD. |
---|
| 1478 | + | 44.2 Subdivision 1.Establishment.The Covered Products Reimbursement Board is |
---|
| 1479 | + | 44.3established to recommend reimbursement rates to the commissioner. Except as provided in |
---|
| 1480 | + | 44.4this section, chapter 15 does not apply to the board. |
---|
| 1481 | + | 44.5 Subd. 2.Membership.(a) By January 1, 2026, the commissioner must appoint the initial |
---|
| 1482 | + | 44.6membership of the Covered Products Reimbursement Board. Membership must consist of: |
---|
| 1483 | + | 44.7 (1) two members representing household hazardous waste collection programs established |
---|
| 1484 | + | 44.8under section 115A.96; |
---|
| 1485 | + | 44.9 (2) two members representing collectors, according to paragraph (c); and |
---|
| 1486 | + | 44.10 (3) four members representing and nominated by the stewardship organization. |
---|
| 1487 | + | 44.11 (b) In making appointments under paragraph (a), the commissioner may not appoint |
---|
| 1488 | + | 44.12persons who are: |
---|
| 1489 | + | 44.13 (1) current or elected Minnesota state representatives or senators; |
---|
| 1490 | + | 44.14 (2) required to register as lobbyists under section 10A.03; or |
---|
| 1491 | + | 44.15 (3) employees of the agency. |
---|
| 1492 | + | 44.16 (c) Initial appointments under paragraph (a), clause (2), must represent potential |
---|
| 1493 | + | 44.17collectors. After January 1, 2027, whenever the terms of these members expire according |
---|
| 1494 | + | 44.18to subdivision 3, the new appointments must represent collectors. Members appointed under |
---|
| 1495 | + | 44.19paragraph (a), clause (2), must not represent household hazardous waste collection programs |
---|
| 1496 | + | 44.20established under section 115A.96. |
---|
| 1497 | + | 44.21 Subd. 3.Terms; removal.Members serve for a term of four years, except that one |
---|
| 1498 | + | 44.22member appointed under subdivision 2, paragraph (a), clause (1); one member appointed |
---|
| 1499 | + | 44.23under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision |
---|
| 1500 | + | 44.242, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that |
---|
| 1501 | + | 44.25membership terms are staggered. Members may be reappointed to another term following |
---|
| 1502 | + | 44.26the end of a term. The removal of members is governed by section 15.059, subdivision 4. |
---|
| 1503 | + | 44.27 Subd. 4.Quorum; voting.Meetings of the board must have at least a quorum of |
---|
| 1504 | + | 44.28members, consisting of six members. Recommendations of the board require the affirmative |
---|
| 1505 | + | 44.29vote of at least five members. |
---|
| 1506 | + | 44.30 Subd. 5.Administrative support; facilitator.(a) The commissioner must provide |
---|
| 1507 | + | 44.31administrative support to the board. The commissioner must ensure that all activities of the |
---|
| 1508 | + | 44.32board that require public notice, such as notice of meetings, agendas and materials related |
---|
| 1509 | + | 44Article 2 Sec. 12. |
---|
| 1510 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 45.1to agenda items, and minutes, are published on the agency's publicly accessible website. |
---|
| 1511 | + | 45.2The commissioner must provide meeting space and public access for meetings conducted |
---|
| 1512 | + | 45.3by telephone or interactive technology. |
---|
| 1513 | + | 45.4 (b) The commissioner must contract for a professional facilitator for the board. The |
---|
| 1514 | + | 45.5facilitator must schedule and chair the meetings of the board but is not a member for purposes |
---|
| 1515 | + | 45.6of quorum or voting. The facilitator must ensure that all activities of the board that require |
---|
| 1516 | + | 45.7public notice are timely provided to the commissioner for publication. |
---|
| 1517 | + | 45.8 Subd. 6.Meetings.(a) The board must meet at least biannually and as necessary to meet |
---|
| 1518 | + | 45.9the requirements of subdivisions 7 to 9. Meetings may be scheduled at the request of the |
---|
| 1519 | + | 45.10facilitator or a majority of the members. |
---|
| 1520 | + | 45.11 (b) The board must comply with the Open Meeting Law under chapter 13D. |
---|
| 1521 | + | 45.12 Subd. 7.Recommendations for reimbursement rates.(a) By July 1, 2026, and annually |
---|
| 1522 | + | 45.13thereafter, the board must submit to the commissioner a recommendation for reimbursement |
---|
| 1523 | + | 45.14rates to collectors for the following calendar year. |
---|
| 1524 | + | 45.15 (b) Recommended rates may be differentiated by any methods recommended by |
---|
| 1525 | + | 45.16consensus of the board, such as local property lease or purchase costs, prevailing local |
---|
| 1526 | + | 45.17wages, or other factors. |
---|
| 1527 | + | 45.18 (c) Recommended rates must cover all costs of collecting covered products and other |
---|
| 1528 | + | 45.19electrical products incurred by collectors, including at least: |
---|
| 1529 | + | 45.20 (1) labor and overhead; |
---|
| 1530 | + | 45.21 (2) covered services performed by a collector in accordance with section 115A.1337, |
---|
| 1531 | + | 45.22subdivision 1, paragraph (b); |
---|
| 1532 | + | 45.23 (3) necessary collection and storage structures and containers as provided in section |
---|
| 1533 | + | 45.24115A.1347, subdivision 1, paragraph (d); |
---|
| 1534 | + | 45.25 (4) employee training; |
---|
| 1535 | + | 45.26 (5) necessary safety equipment, including appropriate fire protection and suppression |
---|
| 1536 | + | 45.27equipment and supplies; and |
---|
| 1537 | + | 45.28 (6) any other costs determined necessary by the commissioner. |
---|
| 1538 | + | 45.29 (b) In making determinations under paragraph (a), clause (6), the commissioner may |
---|
| 1539 | + | 45.30consider data submitted according to section 115A.1337, subdivision 5; the volume of |
---|
| 1540 | + | 45.31covered products collected; the estimated volume of covered products sold in or into the |
---|
| 1541 | + | 45Article 2 Sec. 12. |
---|
| 1542 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 46.1state; the estimated volume of covered products disposed of in the state; and other information |
---|
| 1543 | + | 46.2related to the effectiveness of the stewardship program. |
---|
| 1544 | + | 46.3 (c) The board must also consider any additional financial incentives necessary to induce |
---|
| 1545 | + | 46.4collectors to join the stewardship program in locations that would otherwise not be served, |
---|
| 1546 | + | 46.5so that the stewardship organization can meet or exceed the required convenience standards |
---|
| 1547 | + | 46.6under section 115A.1335, subdivision 3. |
---|
| 1548 | + | 46.7 Subd. 8.Review and approval of reimbursement rates.(a) Within 90 days after |
---|
| 1549 | + | 46.8receiving a recommendation on reimbursement rates submitted under subdivision 7, the |
---|
| 1550 | + | 46.9commissioner must review the recommendation and approve or reject the recommendation. |
---|
| 1551 | + | 46.10 (b) In conducting a review of a recommendation, the commissioner may consult with |
---|
| 1552 | + | 46.11interested parties. |
---|
| 1553 | + | 46.12 (c) For at least 30 days and before approving a recommendation under this subdivision, |
---|
| 1554 | + | 46.13the commissioner must post the recommendation on the agency's publicly accessible website |
---|
| 1555 | + | 46.14for public review and comment. |
---|
| 1556 | + | 46.15 (d) If the commissioner determines that a recommendation does not meet the requirements |
---|
| 1557 | + | 46.16of this section, the commissioner must reject the recommendation. The commissioner must |
---|
| 1558 | + | 46.17provide a written notice of determination describing the reasons for the rejection to the |
---|
| 1559 | + | 46.18board. The board must meet as necessary to submit a revised recommendation to the |
---|
| 1560 | + | 46.19commissioner. |
---|
| 1561 | + | 46.20 (e) After consultation under paragraph (b) and review of public comments under |
---|
| 1562 | + | 46.21paragraph (c), if the commissioner determines that a recommendation meets the requirements |
---|
| 1563 | + | 46.22of this section, the commissioner may approve the recommendation. The commissioner |
---|
| 1564 | + | 46.23must provide a written notice of approval to the board and to the stewardship organization. |
---|
| 1565 | + | 46.24In the notice, the commissioner must specify the effective date of the approved reimbursement |
---|
| 1566 | + | 46.25rates. |
---|
| 1567 | + | 46.26 (f) The stewardship organization must publish approved reimbursement rates on its |
---|
| 1568 | + | 46.27publicly accessible website within 30 days after receiving the commissioner's written notice |
---|
| 1569 | + | 46.28of approval. The commissioner may also publish the approved reimbursement rates on the |
---|
| 1570 | + | 46.29agency's publicly accessible website. |
---|
| 1571 | + | 46.30 Subd. 9.More-frequent rate changes.The board may, for good cause, submit a |
---|
| 1572 | + | 46.31recommendation for reimbursement rates to the commissioner at less than an annual interval. |
---|
| 1573 | + | 46.32The commissioner must review the recommendation according to subdivision 8. If the |
---|
| 1574 | + | 46Article 2 Sec. 12. |
---|
| 1575 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 47.1commissioner rejects the recommendation, then the previously approved reimbursement |
---|
| 1576 | + | 47.2rates for that calendar year continue to be in effect. |
---|
| 1577 | + | 47.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 1578 | + | 47.4 Sec. 13. [115A.1335] STEWARDSHIP PLAN AND BUDGET. |
---|
| 1579 | + | 47.5 Subdivision 1.Due date.By October 1, 2026, all producers must contract with a single |
---|
| 1580 | + | 47.6stewardship organization to act on the producers' behalf. By that date, the stewardship |
---|
| 1581 | + | 47.7organization must submit a single stewardship plan meeting the requirements of subdivision |
---|
| 1582 | + | 47.82 to the commissioner to review for approval or rejection. |
---|
| 1583 | + | 47.9 Subd. 2.Plan content; budget requirement.(a) The stewardship plan must include: |
---|
| 1584 | + | 47.10 (1) identification of and contact information for the stewardship organization; |
---|
| 1585 | + | 47.11 (2) identification of and contact information for all participants in the stewardship |
---|
| 1586 | + | 47.12program; |
---|
| 1587 | + | 47.13 (3) identification of and contact information for each collector; each person providing |
---|
| 1588 | + | 47.14covered services for covered products or other electrical products, including any collector |
---|
| 1589 | + | 47.15that will perform covered services other than collection; and each facility at which covered |
---|
| 1590 | + | 47.16products and other electrical products will be managed under the stewardship plan; |
---|
| 1591 | + | 47.17 (4) the address; county of location; and, in a form prescribed by the commissioner, |
---|
| 1592 | + | 47.18geolocation data for each collection site to be used by the stewardship organization under |
---|
| 1593 | + | 47.19the stewardship program; |
---|
| 1594 | + | 47.20 (5) a list of the brands covered under the stewardship program; |
---|
| 1595 | + | 47.21 (6) eligibility criteria for prospective collectors of covered products and other electrical |
---|
| 1596 | + | 47.22products under the stewardship program according to section 115A.1337, subdivision 3, |
---|
| 1597 | + | 47.23paragraph (c); |
---|
| 1598 | + | 47.24 (7) a description of how the stewardship program will accept and provide covered services |
---|
| 1599 | + | 47.25and reimbursement under this section to any household hazardous waste collection program |
---|
| 1600 | + | 47.26established under section 115A.96 in a manner that is equal to the services and reimbursement |
---|
| 1601 | + | 47.27provided to all other collectors, if the operator of the household hazardous waste collection |
---|
| 1602 | + | 47.28program requests covered services and reimbursement; |
---|
| 1603 | + | 47.29 (8) a description of how the stewardship program will provide convenient, statewide |
---|
| 1604 | + | 47.30collection according to subdivision 3; |
---|
| 1605 | + | 47Article 2 Sec. 13. |
---|
| 1606 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 48.1 (9) a description of how the stewardship organization will annually monitor and ensure |
---|
| 1607 | + | 48.2continuing compliance with the convenience standards under subdivision 3; |
---|
| 1608 | + | 48.3 (10) a description of how the stewardship organization will provide each collector served |
---|
| 1609 | + | 48.4by the stewardship program with the materials specified in section 115A.1337, subdivision |
---|
| 1610 | + | 48.51, including specifications for appropriate containers, signage templates, and a copy of all |
---|
| 1611 | + | 48.6training and educational materials to be provided; |
---|
| 1612 | + | 48.7 (11) a description of how collection sites will be accessible according to section |
---|
| 1613 | + | 48.8115A.1337, subdivision 2; |
---|
| 1614 | + | 48.9 (12) the performance standards for persons providing covered services for covered |
---|
| 1615 | + | 48.10products and other electrical products on behalf of the stewardship organization and the |
---|
| 1616 | + | 48.11oversight methods by which the stewardship organization will ensure continuing compliance |
---|
| 1617 | + | 48.12with the performance standards. The performance standards must: |
---|
| 1618 | + | 48.13 (i) meet the requirements of section 115A.1337, subdivision 3; and |
---|
| 1619 | + | 48.14 (ii) ensure that covered products, other electrical products, and materials resulting from |
---|
| 1620 | + | 48.15recycling of covered products and other electrical products are managed through responsible |
---|
| 1621 | + | 48.16markets; |
---|
| 1622 | + | 48.17 (13) a description of methods by which the stewardship organization will ensure that |
---|
| 1623 | + | 48.18covered products and any other electrical products that are waste for which the stewardship |
---|
| 1624 | + | 48.19organization is responsible are managed while in the state in compliance with rules adopted |
---|
| 1625 | + | 48.20under section 116.07 for managing solid waste and hazardous waste and, when outside the |
---|
| 1626 | + | 48.21state, with all federal, state, and local requirements applicable to managing solid waste and |
---|
| 1627 | + | 48.22hazardous waste, as applicable; |
---|
| 1628 | + | 48.23 (14) a description of methods by which the stewardship organization will ensure that |
---|
| 1629 | + | 48.24covered products and any other electrical products for which the stewardship organization |
---|
| 1630 | + | 48.25is responsible are managed in compliance with safety and health requirements for employees |
---|
| 1631 | + | 48.26administered by the Department of Labor and Industry and with fire protection requirements |
---|
| 1632 | + | 48.27administered by the Department of Public Safety while in the state and, when outside the |
---|
| 1633 | + | 48.28state, with all federal, state, and local requirements applicable to safety and health |
---|
| 1634 | + | 48.29requirements for employees and fire protection requirements; |
---|
| 1635 | + | 48.30 (15) a description of methods by which the stewardship organization will ensure that |
---|
| 1636 | + | 48.31covered products and other electrical products for which the stewardship organization is |
---|
| 1637 | + | 48.32responsible are transported in compliance with applicable regulations incorporated by |
---|
| 1638 | + | 48.33reference under section 221.033 for transporting hazardous materials while in the state and, |
---|
| 1639 | + | 48Article 2 Sec. 13. |
---|
| 1640 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 49.1when outside the state, with all federal, state, and local requirements applicable to |
---|
| 1641 | + | 49.2transportation of hazardous materials; |
---|
| 1642 | + | 49.3 (16) a statement of indemnification by the stewardship organization to collectors for |
---|
| 1643 | + | 49.4potential liability for improper downstream management of covered products and other |
---|
| 1644 | + | 49.5electrical products or residual materials by providers of covered services contracted for by |
---|
| 1645 | + | 49.6the stewardship organization and identified in the stewardship plan under clause (3); |
---|
| 1646 | + | 49.7 (17) a description of how the stewardship organization will determine the mass of covered |
---|
| 1647 | + | 49.8products and other electrical products for which it has provided covered services under the |
---|
| 1648 | + | 49.9stewardship program by county of collection and, for covered batteries and covered products |
---|
| 1649 | + | 49.10that have covered batteries contained within them or otherwise attached or connected to |
---|
| 1650 | + | 49.11them, by battery chemistry; |
---|
| 1651 | + | 49.12 (18) a description of the outreach and education methods and activities that the |
---|
| 1652 | + | 49.13stewardship organization will provide according to section 115A.1337, subdivision 4; |
---|
| 1653 | + | 49.14 (19) a description of how the stewardship organization will employ at least one full-time |
---|
| 1654 | + | 49.15employee who is solely dedicated to implementing the stewardship program in this state |
---|
| 1655 | + | 49.16and serving as the primary contact between the stewardship organization and the agency; |
---|
| 1656 | + | 49.17 (20) a description of the system by which the stewardship organization will provide |
---|
| 1657 | + | 49.18advance funding of or reimbursement to collectors in a manner that provides: |
---|
| 1658 | + | 49.19 (i) a clear process for submitting and paying invoices; |
---|
| 1659 | + | 49.20 (ii) reasonable timelines for reimbursement, at intervals no longer than monthly unless |
---|
| 1660 | + | 49.21otherwise agreed to by the person providing covered services to be reimbursed; and |
---|
| 1661 | + | 49.22 (iii) a third-party mediator to resolve disputes that arise between the stewardship |
---|
| 1662 | + | 49.23organization and a person providing covered services regarding determining or paying |
---|
| 1663 | + | 49.24reimbursements; |
---|
| 1664 | + | 49.25 (21) identification of groups of producers, such as by industry, covered product and |
---|
| 1665 | + | 49.26other electrical product type, or other method proposed by the stewardship organization, |
---|
| 1666 | + | 49.27and the proposed allocation of stewardship program costs among the groups of producers, |
---|
| 1667 | + | 49.28such that the costs of managing covered products or other electrical products produced by |
---|
| 1668 | + | 49.29a group of producers are not borne by other groups of producers; |
---|
| 1669 | + | 49.30 (22) a description of how the stewardship organization will comply with subdivision 6, |
---|
| 1670 | + | 49.31paragraph (b); |
---|
| 1671 | + | 49Article 2 Sec. 13. |
---|
| 1672 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 50.1 (23) a description of how the stewardship organization will assist producers in complying |
---|
| 1673 | + | 50.2with the labeling requirements of section 115A.1347, subdivision 2, paragraph (a); |
---|
| 1674 | + | 50.3 (24) a description of how the stewardship organization will ensure that covered products |
---|
| 1675 | + | 50.4and other electrical products managed under the stewardship program are recycled to the |
---|
| 1676 | + | 50.5maximum extent practicable in accordance with section 115A.02, paragraph (b); |
---|
| 1677 | + | 50.6 (25) a description of how the stewardship organization will incentivize investment in |
---|
| 1678 | + | 50.7processes, product design and material use, technology, and personnel training that could |
---|
| 1679 | + | 50.8raise the future maximum extent practicable for recycling described in clause (24), including |
---|
| 1680 | + | 50.9consideration of covered product reuse, repair, and product life cycle; |
---|
| 1681 | + | 50.10 (26) a description of how the stewardship organization will annually report to the |
---|
| 1682 | + | 50.11commissioner the number, type, and volume of covered products and other electrical products |
---|
| 1683 | + | 50.12collected during each calendar year, specifying the categories of the covered products and |
---|
| 1684 | + | 50.13other electrical products and the chemistries of the covered batteries collected; |
---|
| 1685 | + | 50.14 (27) a description of how the stewardship organization will annually report to the |
---|
| 1686 | + | 50.15commissioner the end management, through reuse, repair, reclamation, recycling, or disposal, |
---|
| 1687 | + | 50.16of the covered products and other electrical products shipped from collection sites under |
---|
| 1688 | + | 50.17the stewardship program during each calendar year; and |
---|
| 1689 | + | 50.18 (28) a description of how the stewardship organization will take action to decrease the |
---|
| 1690 | + | 50.19incidence of covered products in solid waste in the state according to section 115A.1337, |
---|
| 1691 | + | 50.20subdivision 4, paragraph (c). |
---|
| 1692 | + | 50.21 (b) By January 1, 2027, and by April 1 each year thereafter, the stewardship organization |
---|
| 1693 | + | 50.22must submit an anticipated annual budget for the stewardship program, broken down into |
---|
| 1694 | + | 50.23the stewardship program's estimated costs for administration, collection, sorting, storage, |
---|
| 1695 | + | 50.24transportation, processing, refurbishment, repair, reuse, recycling, disposal, and |
---|
| 1696 | + | 50.25communication costs, including the cost of fees under section 115A.1339 but not including |
---|
| 1697 | + | 50.26costs for lobbying, costs associated with litigation against the state, or penalties imposed |
---|
| 1698 | + | 50.27by the state. The budget is not subject to review and approval under subdivisions 4 and 5. |
---|
| 1699 | + | 50.28 Subd. 3.Convenience standards.(a) The stewardship plan must provide convenient, |
---|
| 1700 | + | 50.29statewide collection for all covered products that are offered to collectors by a person in the |
---|
| 1701 | + | 50.30state, regardless of: |
---|
| 1702 | + | 50.31 (1) a covered product's brand; |
---|
| 1703 | + | 50.32 (2) a covered battery's energy capacity or chemistry; |
---|
| 1704 | + | 50Article 2 Sec. 13. |
---|
| 1705 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 51.1 (3) whether the producer of a covered product is a participant in the stewardship program; |
---|
| 1706 | + | 51.2or |
---|
| 1707 | + | 51.3 (4) whether the brand of a covered product is covered under the stewardship program. |
---|
| 1708 | + | 51.4 (b) The stewardship plan must meet the following convenience standards: |
---|
| 1709 | + | 51.5 (1) for each county with a population of 10,000 or less, maintain at least two permanent |
---|
| 1710 | + | 51.6year-round collection sites; |
---|
| 1711 | + | 51.7 (2) for each county with a population greater than 10,000 but less than or equal to |
---|
| 1712 | + | 51.8100,000, maintain at least two permanent year-round collection sites and at least one |
---|
| 1713 | + | 51.9additional permanent year-round collection site for each additional 10,000 in population |
---|
| 1714 | + | 51.10above a population of 10,000; |
---|
| 1715 | + | 51.11 (3) for each county with a population greater than 100,000, maintain at least 11 permanent |
---|
| 1716 | + | 51.12year-round collection sites and at least one additional permanent year-round collection site |
---|
| 1717 | + | 51.13for each additional 50,000 in population above a population of 100,000; |
---|
| 1718 | + | 51.14 (4) maintain a permanent year-round collection site located within ten miles of the |
---|
| 1719 | + | 51.15household of at least 95 percent of the residents of the state; and |
---|
| 1720 | + | 51.16 (5) any additional convenience standards that the commissioner determines are necessary |
---|
| 1721 | + | 51.17to provide convenient, statewide collection for covered products. |
---|
| 1722 | + | 51.18 (c) In making a determination under paragraph (b), clause (5), the commissioner may |
---|
| 1723 | + | 51.19consider data submitted according to section 115A.1337, subdivision 5; the volume of |
---|
| 1724 | + | 51.20covered products collected; the estimated volume of covered products sold in or into the |
---|
| 1725 | + | 51.21state; the estimated volume of covered products disposed of in the state; and other information |
---|
| 1726 | + | 51.22related to the effectiveness of the stewardship program. |
---|
| 1727 | + | 51.23 Subd. 4.Review of stewardship plan; implementation.(a) Within 120 days after |
---|
| 1728 | + | 51.24receiving a complete stewardship plan submitted under this section, the commissioner must |
---|
| 1729 | + | 51.25determine whether the stewardship plan complies with the requirements of this section and |
---|
| 1730 | + | 51.26will ensure that elements required by subdivision 2, paragraph (a), will be met to the |
---|
| 1731 | + | 51.27maximum extent practicable. The commissioner must provide a written notice of |
---|
| 1732 | + | 51.28determination according to this subdivision. |
---|
| 1733 | + | 51.29 (b) In conducting a review of a stewardship plan, the commissioner may consult with |
---|
| 1734 | + | 51.30interested parties. |
---|
| 1735 | + | 51Article 2 Sec. 13. |
---|
| 1736 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 52.1 (c) For at least 30 days and before approving a stewardship plan, the commissioner must |
---|
| 1737 | + | 52.2place the stewardship plan on the agency's publicly accessible website for public review |
---|
| 1738 | + | 52.3and comment. |
---|
| 1739 | + | 52.4 (d) If the commissioner determines that a stewardship plan fails to meet the requirements |
---|
| 1740 | + | 52.5of this section or will not ensure that elements required by subdivision 2, paragraph (a), will |
---|
| 1741 | + | 52.6be met to the maximum extent practicable, the commissioner must reject the stewardship |
---|
| 1742 | + | 52.7plan. The commissioner must provide a written notice of determination to the stewardship |
---|
| 1743 | + | 52.8organization describing the reasons for the rejection. |
---|
| 1744 | + | 52.9 (e) After any consultation under paragraph (b) and review of public comments received |
---|
| 1745 | + | 52.10under paragraph (c), if the commissioner determines that a stewardship plan meets the |
---|
| 1746 | + | 52.11requirements of subdivision 2, the commissioner must approve the stewardship plan. The |
---|
| 1747 | + | 52.12commissioner must provide a written notice of determination to the stewardship organization. |
---|
| 1748 | + | 52.13 (f) The stewardship organization must publish its approved stewardship plan on its |
---|
| 1749 | + | 52.14publicly accessible website within 30 days after receiving written notice of approval but is |
---|
| 1750 | + | 52.15not required to publish nonpublic data as defined under chapter 13. The commissioner may |
---|
| 1751 | + | 52.16publish the approved stewardship plan on the agency's publicly accessible website but must |
---|
| 1752 | + | 52.17not publish nonpublic data. |
---|
| 1753 | + | 52.18 (g) The stewardship organization must implement the stewardship plan approved by the |
---|
| 1754 | + | 52.19commissioner, including any amendments to the stewardship plan that are approved by the |
---|
| 1755 | + | 52.20commissioner according to subdivision 5, within 60 days after receiving written notice of |
---|
| 1756 | + | 52.21approval. |
---|
| 1757 | + | 52.22 (h) For each stewardship plan or amendment submitted to the commissioner for review, |
---|
| 1758 | + | 52.23the commissioner may consider the data submitted according to section 115A.1337, |
---|
| 1759 | + | 52.24subdivision 5, and other relevant information to establish requirements to improve the |
---|
| 1760 | + | 52.25effectiveness, performance, and awareness of the stewardship program. |
---|
| 1761 | + | 52.26 Subd. 5.Amending or terminating stewardship plan.(a) The stewardship organization |
---|
| 1762 | + | 52.27may amend a stewardship plan approved under subdivision 4 without review or approval |
---|
| 1763 | + | 52.28by the commissioner to make the changes specified in clauses (1) to (3). Within 30 days |
---|
| 1764 | + | 52.29after adopting an amendment under this paragraph, the stewardship organization must report |
---|
| 1765 | + | 52.30the amendment to the commissioner and must publish the amended stewardship plan on the |
---|
| 1766 | + | 52.31stewardship organization's publicly accessible website. The stewardship organization must |
---|
| 1767 | + | 52.32implement amendments made to a stewardship plan under this paragraph within 60 days |
---|
| 1768 | + | 52.33after adopting the amendment. The stewardship organization may: |
---|
| 1769 | + | 52Article 2 Sec. 13. |
---|
| 1770 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 53.1 (1) add, terminate, or replace a collector, collection site, person providing covered |
---|
| 1771 | + | 53.2services, or facility at which covered services will be performed; |
---|
| 1772 | + | 53.3 (2) add or remove participants or brands covered under the stewardship plan; or |
---|
| 1773 | + | 53.4 (3) change contact staff or contact staff information for the stewardship organization, |
---|
| 1774 | + | 53.5participants, collectors, persons transporting covered products or other electrical products, |
---|
| 1775 | + | 53.6or facilities to be used for storage, processing, recycling, or disposal. |
---|
| 1776 | + | 53.7 (b) Except for an amendment under paragraph (a), a proposed amendment to a |
---|
| 1777 | + | 53.8stewardship plan approved under subdivision 4 must be submitted to and reviewed and |
---|
| 1778 | + | 53.9approved by the commissioner before it may be implemented by the stewardship organization. |
---|
| 1779 | + | 53.10The commissioner must review and approve or reject the proposed amendment according |
---|
| 1780 | + | 53.11to subdivision 4. |
---|
| 1781 | + | 53.12 (c) The stewardship organization with an approved stewardship plan must submit an |
---|
| 1782 | + | 53.13amended stewardship plan for review at least every five years according to this subdivision |
---|
| 1783 | + | 53.14and subdivision 4 if the stewardship organization has not during that time submitted |
---|
| 1784 | + | 53.15amendments for review under paragraph (b). |
---|
| 1785 | + | 53.16 (d) The stewardship organization may terminate a stewardship plan by providing at least |
---|
| 1786 | + | 53.1790 days' written notice to the commissioner and to all participants in the stewardship program. |
---|
| 1787 | + | 53.18Before the stewardship plan is terminated, each participant must meet the requirements of |
---|
| 1788 | + | 53.19section 115A.1335, subdivision 1, by contracting with a new stewardship organization, |
---|
| 1789 | + | 53.20which must submit and obtain the commissioner's approval for a stewardship plan. |
---|
| 1790 | + | 53.21 (e) The commissioner may terminate a stewardship plan for good cause, such as |
---|
| 1791 | + | 53.22significant noncompliance with this section; failure to ensure that covered products and |
---|
| 1792 | + | 53.23other electrical products collected in the state are being managed in responsible markets |
---|
| 1793 | + | 53.24and according to subdivision 2, paragraph (a), clauses (13) to (15); failure to timely submit |
---|
| 1794 | + | 53.25a stewardship plan for review according to paragraph (c); or failure to pay fees assessed |
---|
| 1795 | + | 53.26under section 115A.1339. If the commissioner terminates a stewardship plan, the |
---|
| 1796 | + | 53.27commissioner must provide the stewardship organization with written notice of termination |
---|
| 1797 | + | 53.28describing the good cause for termination. The commissioner must also notify all participants |
---|
| 1798 | + | 53.29in the stewardship program in writing using the contact information for the participants |
---|
| 1799 | + | 53.30provided in the stewardship plan. |
---|
| 1800 | + | 53.31 Subd. 6.Compliance.(a) The stewardship organization must comply with its stewardship |
---|
| 1801 | + | 53.32plan approved by the commissioner, including any amendments to the stewardship plan |
---|
| 1802 | + | 53.33that are made according to subdivision 5, paragraph (a) or (b). |
---|
| 1803 | + | 53Article 2 Sec. 13. |
---|
| 1804 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 54.1 (b) The stewardship organization must comply with the reimbursement rates approved |
---|
| 1805 | + | 54.2by the commissioner. |
---|
| 1806 | + | 54.3 (c) The stewardship organization must ensure that all costs of the stewardship program |
---|
| 1807 | + | 54.4are fully paid for by producers as a whole, except for de minimis producers. All costs of |
---|
| 1808 | + | 54.5the stewardship program must be allocated between groups of producers without any fee, |
---|
| 1809 | + | 54.6charge, surcharge, or any other cost to: |
---|
| 1810 | + | 54.7 (1) any member of the public; |
---|
| 1811 | + | 54.8 (2) any business other than a producer; |
---|
| 1812 | + | 54.9 (3) any collector; |
---|
| 1813 | + | 54.10 (4) any person providing covered services; |
---|
| 1814 | + | 54.11 (5) the state or any political subdivision; |
---|
| 1815 | + | 54.12 (6) de minimis producers; or |
---|
| 1816 | + | 54.13 (7) any other person who is not a producer. |
---|
| 1817 | + | 54.14 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 1818 | + | 54.15Sec. 14. [115A.1337] STEWARDSHIP ORGANIZATION DUTIES. |
---|
| 1819 | + | 54.16 Subdivision 1.Duties to collectors.(a) The stewardship organization must provide the |
---|
| 1820 | + | 54.17following to each collector: |
---|
| 1821 | + | 54.18 (1) reimbursement at the rates approved by the commissioner; |
---|
| 1822 | + | 54.19 (2) all covered services after the initial collection of covered products and other electrical |
---|
| 1823 | + | 54.20products by the collector; |
---|
| 1824 | + | 54.21 (3) containers as described in section 115A.1347, subdivision 1, paragraph (d); |
---|
| 1825 | + | 54.22 (4) consistent signage identifying a collection site; |
---|
| 1826 | + | 54.23 (5) training for collection site employees on identifying and safely handling and storing |
---|
| 1827 | + | 54.24covered batteries and covered products that have covered batteries contained within them |
---|
| 1828 | + | 54.25or otherwise attached or connected to them, including damaged, defective, or recalled |
---|
| 1829 | + | 54.26batteries, also known as DDR batteries; |
---|
| 1830 | + | 54.27 (6) educational materials that address the information described in subdivision 4, |
---|
| 1831 | + | 54.28paragraph (a), clause (3), for distribution to members of the public and businesses in |
---|
| 1832 | + | 54.29Minnesota. The educational materials must be made available in English and at least the |
---|
| 1833 | + | 54Article 2 Sec. 14. |
---|
| 1834 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 55.1three most frequent languages spoken at home in the state other than English, according to |
---|
| 1835 | + | 55.2the state demographer; and |
---|
| 1836 | + | 55.3 (7) direction to an alternate collector whenever a collector determines and reports to the |
---|
| 1837 | + | 55.4stewardship organization, according to section 115A.1341, subdivision 1, paragraph (d), |
---|
| 1838 | + | 55.5that the collector cannot safely collect a covered product. The stewardship organization |
---|
| 1839 | + | 55.6must ensure that the covered product is collected by another collector. |
---|
| 1840 | + | 55.7 (b) The stewardship organization must allow a collector to perform covered services if |
---|
| 1841 | + | 55.8the collector meets the performance standards in the stewardship plan under section |
---|
| 1842 | + | 55.9115A.1335, subdivision 2, paragraph (a), clause (12), and the collector is identified in the |
---|
| 1843 | + | 55.10stewardship plan as providing covered services other than collection according to section |
---|
| 1844 | + | 55.11115A.1335, subdivision 2, paragraph (a), clause (3). |
---|
| 1845 | + | 55.12 (c) For covered services provided under paragraph (b), the stewardship organization |
---|
| 1846 | + | 55.13must reimburse the collector for the cost of the performed covered services according to |
---|
| 1847 | + | 55.14section 115A.1335, subdivision 2, paragraph (a), clause (20). |
---|
| 1848 | + | 55.15 (d) A collector may request the stewardship organization to add a person to provide |
---|
| 1849 | + | 55.16covered services to the stewardship plan as an amendment under section 115A.1335, |
---|
| 1850 | + | 55.17subdivision 5, paragraph (a), and the stewardship organization must consider the request if |
---|
| 1851 | + | 55.18the person meets the performance standards in the stewardship plan. |
---|
| 1852 | + | 55.19 Subd. 2.Accessibility.(a) The stewardship organization must provide convenient, |
---|
| 1853 | + | 55.20equitable, and accessible service to all Minnesotans, including but not limited to people of |
---|
| 1854 | + | 55.21color; Minnesota Tribal governments as defined in section 10.65, subdivision 2; those that |
---|
| 1855 | + | 55.22are non-English speaking; immigrant and refugee communities; those with limited access |
---|
| 1856 | + | 55.23to transportation; and those in environmental justice areas. |
---|
| 1857 | + | 55.24 (b) The stewardship program must include collection opportunities beyond those required |
---|
| 1858 | + | 55.25under section 115A.1335, subdivision 3, to better serve populations under paragraph (a), |
---|
| 1859 | + | 55.26such as individual pickup from households and temporary events to provide enhanced |
---|
| 1860 | + | 55.27collection availability. |
---|
| 1861 | + | 55.28 (c) Where feasible, the stewardship organization must encourage establishing collection |
---|
| 1862 | + | 55.29sites in proximity to local public transit. |
---|
| 1863 | + | 55.30 Subd. 3.Oversight; collector eligibility.(a) The stewardship organization must ensure |
---|
| 1864 | + | 55.31that: |
---|
| 1865 | + | 55Article 2 Sec. 14. |
---|
| 1866 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 56.1 (1) covered products and other electrical products managed under the stewardship |
---|
| 1867 | + | 56.2program are recycled to the maximum extent practicable in accordance with section 115A.02, |
---|
| 1868 | + | 56.3paragraph (b); and |
---|
| 1869 | + | 56.4 (2) residual materials are managed in compliance with applicable hazardous waste or |
---|
| 1870 | + | 56.5solid waste requirements by: |
---|
| 1871 | + | 56.6 (i) each person transporting covered products or other electrical products; and |
---|
| 1872 | + | 56.7 (ii) each facility listed in the stewardship plan at which storage, processing, recycling, |
---|
| 1873 | + | 56.8or disposal of covered products and other electrical products is performed. |
---|
| 1874 | + | 56.9 (b) To ensure that covered products and other electrical products are managed to the |
---|
| 1875 | + | 56.10maximum extent practicable in accordance with section 115A.02, paragraph (b), the |
---|
| 1876 | + | 56.11commissioner may require performance standards and oversight methods in lieu of or in |
---|
| 1877 | + | 56.12addition to the performance standards and oversight methods used by a stewardship |
---|
| 1878 | + | 56.13organization under paragraph (a) and section 115A.1335, subdivision 2, paragraph (a), |
---|
| 1879 | + | 56.14clause (12), for persons providing covered services for covered products and other electrical |
---|
| 1880 | + | 56.15products. The commissioner may consider data submitted under subdivision 5; the availability |
---|
| 1881 | + | 56.16and feasibility of technology, processes, and methods for managing covered products and |
---|
| 1882 | + | 56.17other electrical products; and other information related to the effectiveness of the stewardship |
---|
| 1883 | + | 56.18program. |
---|
| 1884 | + | 56.19 (c) The stewardship organization must allow any person meeting the eligibility criteria |
---|
| 1885 | + | 56.20to serve as a collector. Except for a household hazardous waste collection program established |
---|
| 1886 | + | 56.21under section 115A.96, a stewardship organization may terminate a collector and cease |
---|
| 1887 | + | 56.22payment to the collector for good cause. Except as provided for in section 115A.1341, |
---|
| 1888 | + | 56.23subdivision 2, the eligibility criteria must include agreement by collectors to accept covered |
---|
| 1889 | + | 56.24products of any brand, any physical size, and, in the case of covered batteries and covered |
---|
| 1890 | + | 56.25products that have covered batteries contained within them or otherwise attached or connected |
---|
| 1891 | + | 56.26to them, any energy capacity or chemistry. |
---|
| 1892 | + | 56.27 Subd. 4.Stewardship program effectiveness.(a) To support the effectiveness of the |
---|
| 1893 | + | 56.28stewardship program, the stewardship organization must provide outreach and education |
---|
| 1894 | + | 56.29to: |
---|
| 1895 | + | 56.30 (1) persons that might sell, offer for sale or promotional purposes, or distribute covered |
---|
| 1896 | + | 56.31products or other electrical products in or into the state, to inform the persons of the |
---|
| 1897 | + | 56.32requirements of section 115A.1347, subdivision 2; |
---|
| 1898 | + | 56Article 2 Sec. 14. |
---|
| 1899 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 57.1 (2) potential collectors and persons who are collecting covered products before the |
---|
| 1900 | + | 57.2effective date of this section to inform the collectors how to request coverage by the |
---|
| 1901 | + | 57.3stewardship program; and |
---|
| 1902 | + | 57.4 (3) members of the public to raise awareness of: |
---|
| 1903 | + | 57.5 (i) public health and safety and environmental risks caused by improperly charging, |
---|
| 1904 | + | 57.6storing, and disposing of covered batteries and covered products that have covered batteries |
---|
| 1905 | + | 57.7contained within them or otherwise attached or connected to them; |
---|
| 1906 | + | 57.8 (ii) public health and environmental risks caused by improperly disposing of covered |
---|
| 1907 | + | 57.9products; |
---|
| 1908 | + | 57.10 (iii) methods to safely charge and store covered batteries and covered products that have |
---|
| 1909 | + | 57.11covered batteries contained within them or otherwise attached or connected to them; |
---|
| 1910 | + | 57.12 (iv) the benefits of repairing, reusing, and recycling covered products and other electrical |
---|
| 1911 | + | 57.13products in contrast to disposal; and |
---|
| 1912 | + | 57.14 (v) the existence of the stewardship program and the ability to recycle covered products |
---|
| 1913 | + | 57.15and other electrical products at no cost, including the location and convenience of collection |
---|
| 1914 | + | 57.16sites in the state. |
---|
| 1915 | + | 57.17 (b) The stewardship organization must maintain a publicly accessible website to locate |
---|
| 1916 | + | 57.18collection sites through map-based and text-based searches. |
---|
| 1917 | + | 57.19 (c) The stewardship organization must, in addition to the requirements of paragraphs |
---|
| 1918 | + | 57.20(a) and (b), take action to decrease the incidence of covered products in solid waste generated |
---|
| 1919 | + | 57.21in the state as soon as practicable and to the maximum extent achievable. The commissioner |
---|
| 1920 | + | 57.22may determine the effectiveness of the stewardship program using information from waste |
---|
| 1921 | + | 57.23composition studies conducted under section 115A.412 and other information available to |
---|
| 1922 | + | 57.24the commissioner and may require the stewardship organization to submit information and |
---|
| 1923 | + | 57.25implement actions to decrease the incidence of covered products in solid waste in accordance |
---|
| 1924 | + | 57.26with section 115A.1335, subdivision 2, paragraph (a), clause (28). |
---|
| 1925 | + | 57.27 Subd. 5.Reporting.(a) The stewardship organization must report an amendment to the |
---|
| 1926 | + | 57.28stewardship plan made under section 115A.1335, subdivision 5, paragraph (a), to the |
---|
| 1927 | + | 57.29commissioner within 30 days after making the amendment. |
---|
| 1928 | + | 57.30 (b) By April 1 each year, the stewardship organization must report to the commissioner, |
---|
| 1929 | + | 57.31in a form and manner prescribed by the commissioner, on the stewardship organization's |
---|
| 1930 | + | 57.32activities during the preceding calendar year. The stewardship organization must also submit |
---|
| 1931 | + | 57.33a copy of the report to the board. The report must include: |
---|
| 1932 | + | 57Article 2 Sec. 14. |
---|
| 1933 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 58.1 (1) the address, county of location, and geolocation data for each collection site used by |
---|
| 1934 | + | 58.2the stewardship organization under the stewardship program during the preceding calendar |
---|
| 1935 | + | 58.3year; |
---|
| 1936 | + | 58.4 (2) the number, type, and volume of covered products and other electrical products |
---|
| 1937 | + | 58.5collected during each calendar year, specifying the categories of the covered products and |
---|
| 1938 | + | 58.6other electrical products and the chemistries of the covered batteries collected, in accordance |
---|
| 1939 | + | 58.7with section 115A.1335, subdivision 2, paragraph (a), clause (26); |
---|
| 1940 | + | 58.8 (3) the end management, through reuse, repair, reclamation, recycling, or disposal, of |
---|
| 1941 | + | 58.9the covered products and other electrical products shipped from collection sites under the |
---|
| 1942 | + | 58.10stewardship program, in accordance with section 115A.1335, subdivision 2, paragraph (a), |
---|
| 1943 | + | 58.11clause (27); |
---|
| 1944 | + | 58.12 (4) the results of the oversight according to section 115A.1335, subdivision 2, paragraph |
---|
| 1945 | + | 58.13(a), clause (12), verifying that the performance standards were met by each of the persons |
---|
| 1946 | + | 58.14providing covered services; |
---|
| 1947 | + | 58.15 (5) a description of outreach and education activities performed by the stewardship |
---|
| 1948 | + | 58.16organization during the preceding calendar year according to subdivision 4; |
---|
| 1949 | + | 58.17 (6) a financial report on the stewardship program, including actual costs and funding |
---|
| 1950 | + | 58.18compared to the budget for the year submitted under section 115A.1335, subdivision 2, |
---|
| 1951 | + | 58.19paragraph (b). The financial report must include an audit report of the stewardship program |
---|
| 1952 | + | 58.20by an independent auditor. The independent auditor must be selected by the stewardship |
---|
| 1953 | + | 58.21organization and approved or rejected by the commissioner. If the commissioner rejects an |
---|
| 1954 | + | 58.22independent auditor, the stewardship organization must select a different independent auditor |
---|
| 1955 | + | 58.23for approval or rejection by the commissioner. The independent audit must meet the |
---|
| 1956 | + | 58.24requirements of Accounting Standards Update 2018-08, Not-for-Profit Entities (Topic 958), |
---|
| 1957 | + | 58.25Financial Accounting Standards Board, as amended; |
---|
| 1958 | + | 58.26 (7) the proposed and actual budget for the year in which the report is submitted; and |
---|
| 1959 | + | 58.27 (8) starting on the second April after the stewardship organization's first stewardship |
---|
| 1960 | + | 58.28plan is approved by the commissioner, and then every third year thereafter, a performance |
---|
| 1961 | + | 58.29audit of the stewardship program. The performance audit must conform to audit standards |
---|
| 1962 | + | 58.30established by the United States Government Accountability Office; the National Association |
---|
| 1963 | + | 58.31of State Auditors, Comptrollers and Treasurers; or another nationally recognized organization |
---|
| 1964 | + | 58.32approved by the commissioner. |
---|
| 1965 | + | 58.33 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 1966 | + | 58Article 2 Sec. 14. |
---|
| 1967 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 59.1 Sec. 15. [115A.1339] FEES. |
---|
| 1968 | + | 59.2 Subdivision 1.Annual fees.(a) By January 1, 2027, and by July 1 each year thereafter, |
---|
| 1969 | + | 59.3the commissioner must calculate the sum of all costs that the agency incurs under sections |
---|
| 1970 | + | 59.4115A.1331 to 115A.1347, exclusive of recovery and management of covered products under |
---|
| 1971 | + | 59.5subdivision 2. The sum calculated for the period preceding January 1, 2027, must include |
---|
| 1972 | + | 59.6the agency's costs from enacting sections 115A.1331 to 115A.1347. For the purposes of |
---|
| 1973 | + | 59.7this paragraph, costs of the board are considered costs incurred by the agency. |
---|
| 1974 | + | 59.8 (b) Notwithstanding section 16A.1283, the commissioner must assess an annual |
---|
| 1975 | + | 59.9administrative fee at an amount that is adequate to reimburse the agency's sum costs of |
---|
| 1976 | + | 59.10administering sections 115A.1331 to 115A.1347. The stewardship organization must pay |
---|
| 1977 | + | 59.11the assessed annual administrative fee by the due date set by the commissioner. |
---|
| 1978 | + | 59.12 Subd. 2.Recovery and proper management fees.(a) When the commissioner intends |
---|
| 1979 | + | 59.13to spend money for the recovery and proper management of covered products under section |
---|
| 1980 | + | 59.14115A.1343, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess |
---|
| 1981 | + | 59.15the estimated cost of recovery and proper management of covered products to the stewardship |
---|
| 1982 | + | 59.16organization. |
---|
| 1983 | + | 59.17 (b) The cost under paragraph (a) must not include any subsequent remediation of the |
---|
| 1984 | + | 59.18real properties where the covered products are located nor the cost of any environmental |
---|
| 1985 | + | 59.19assessment of the properties to determine appropriate subsequent remediation under other |
---|
| 1986 | + | 59.20law. Such costs must not be paid from any funds assessed, collected, or appropriated under |
---|
| 1987 | + | 59.21this section. The stewardship organization must pay the assessed recovery and management |
---|
| 1988 | + | 59.22fee by the due date set by the commissioner. |
---|
| 1989 | + | 59.23 (c) If, after the covered products have been recovered and properly managed, the actual |
---|
| 1990 | + | 59.24cost of recovery and proper management of the recovered products is less than the fee paid |
---|
| 1991 | + | 59.25by the stewardship organization, the commissioner must refund the excess payment. If the |
---|
| 1992 | + | 59.26cost of recovery and proper management exceeds the fee paid by the stewardship |
---|
| 1993 | + | 59.27organization, the commissioner must assess the stewardship organization for the deficit. |
---|
| 1994 | + | 59.28The stewardship organization must pay the assessed recovery and management fee deficit |
---|
| 1995 | + | 59.29by the due date set by the commissioner. |
---|
| 1996 | + | 59.30 Subd. 3.Disposition of fees.The total amount of net fees collected under this section |
---|
| 1997 | + | 59.31must not exceed the amount necessary to reimburse agency costs as calculated under |
---|
| 1998 | + | 59.32subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the |
---|
| 1999 | + | 59.33state treasury and credited to a product stewardship account in the special revenue fund. |
---|
| 2000 | + | 59Article 2 Sec. 15. |
---|
| 2001 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 60.1The amount collected under this section is annually appropriated to the commissioner to |
---|
| 2002 | + | 60.2implement and enforce sections 115A.1331 to 115A.1347. |
---|
| 2003 | + | 60.3 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2004 | + | 60.4 Sec. 16. [115A.1341] COLLECTOR DUTIES. |
---|
| 2005 | + | 60.5 Subdivision 1.Accepting covered products.(a) A collector must accept at least ten |
---|
| 2006 | + | 60.6covered products from a person daily without imposing a fee, charge, surcharge, or other |
---|
| 2007 | + | 60.7cost to any person other than the stewardship organization. A collector may voluntarily |
---|
| 2008 | + | 60.8agree to accept any number of additional covered products daily from a person but may not |
---|
| 2009 | + | 60.9impose a fee, charge, surcharge, or other cost to any person other than the stewardship |
---|
| 2010 | + | 60.10organization to do so. |
---|
| 2011 | + | 60.11 (b) A collector must accept from a person any covered product of any brand, any physical |
---|
| 2012 | + | 60.12size, and, in the case of covered batteries and covered products that have covered batteries |
---|
| 2013 | + | 60.13contained within them or otherwise attached or connected to them, any energy capacity or |
---|
| 2014 | + | 60.14chemistry, unless the collector determines a specific covered product cannot be safely |
---|
| 2015 | + | 60.15collected by the collector at a specific collection site at a specific time. |
---|
| 2016 | + | 60.16 (c) Notwithstanding paragraph (a), a household hazardous waste collection program |
---|
| 2017 | + | 60.17established under section 115A.96 may limit the persons from which the collection program |
---|
| 2018 | + | 60.18accepts covered products and may limit the number of covered products the collection |
---|
| 2019 | + | 60.19program will accept daily from a person. A household hazardous waste collection program |
---|
| 2020 | + | 60.20established under section 115A.96 is not subject to paragraph (b). However, the stewardship |
---|
| 2021 | + | 60.21organization may not include the household hazardous waste collection program when |
---|
| 2022 | + | 60.22demonstrating compliance with the convenience standards of section 115A.1335, subdivision |
---|
| 2023 | + | 60.233, unless the household hazardous waste collection program voluntarily agrees in writing |
---|
| 2024 | + | 60.24with the stewardship organization to comply with both paragraphs (a) and (b). |
---|
| 2025 | + | 60.25 (d) A collector that determines that it cannot safely accept a specific covered product |
---|
| 2026 | + | 60.26must document the reason for not accepting the covered product and immediately notify |
---|
| 2027 | + | 60.27the stewardship organization of the nonacceptance in order to allow the stewardship |
---|
| 2028 | + | 60.28organization to arrange for alternate collection of the covered product under section |
---|
| 2029 | + | 60.29115A.1337, subdivision 1, paragraph (a), clause (7). |
---|
| 2030 | + | 60.30 Subd. 2.Accepting other electrical products.A collector may accept other electrical |
---|
| 2031 | + | 60.31products from a person. If a collector accepts other electrical products, the collector may |
---|
| 2032 | + | 60.32not impose a fee, charge, surcharge, or other cost to any person other than the stewardship |
---|
| 2033 | + | 60.33organization. |
---|
| 2034 | + | 60Article 2 Sec. 16. |
---|
| 2035 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 61.1 Subd. 3.Storing accepted products.A collector must manage and store all accepted |
---|
| 2036 | + | 61.2covered products and other electrical products safely and in compliance with section |
---|
| 2037 | + | 61.3115A.1347, subdivision 1, paragraphs (c) and (d). |
---|
| 2038 | + | 61.4 Subd. 4.Training.A collector must ensure and document that training is provided for |
---|
| 2039 | + | 61.5collection site employees on identifying and safely handling and storing covered batteries |
---|
| 2040 | + | 61.6and covered products that have covered batteries contained within them or otherwise attached |
---|
| 2041 | + | 61.7or connected to them, including damaged, defective, or recalled batteries, also known as |
---|
| 2042 | + | 61.8DDR batteries. The collector may provide the training or may receive training from the |
---|
| 2043 | + | 61.9stewardship organization or the stewardship organization's representative. |
---|
| 2044 | + | 61.10 Subd. 5.Recordkeeping.A collector must maintain the following records for at least |
---|
| 2045 | + | 61.11three years and make them available to the commissioner for inspection: |
---|
| 2046 | + | 61.12 (1) records of covered products and other electrical products accepted at a collection |
---|
| 2047 | + | 61.13site; |
---|
| 2048 | + | 61.14 (2) records of covered products and other electrical products shipped from a collection |
---|
| 2049 | + | 61.15site; and |
---|
| 2050 | + | 61.16 (3) documentation of employee training. The three-year record retention period for |
---|
| 2051 | + | 61.17employee documentation begins on the day following the last day the employee worked for |
---|
| 2052 | + | 61.18the collector. |
---|
| 2053 | + | 61.19 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2054 | + | 61.20Sec. 17. [115A.1343] COVERED PRODUCTS RECOVERY AND PROPER |
---|
| 2055 | + | 61.21MANAGEMENT . |
---|
| 2056 | + | 61.22 Subdivision 1.Recovery and proper management.(a) In addition to any authority |
---|
| 2057 | + | 61.23granted by other law and without limiting that authority, whenever the commissioner |
---|
| 2058 | + | 61.24determines that covered products have been abandoned, improperly disposed of, or stored |
---|
| 2059 | + | 61.25on real property within the state in a manner not in compliance with sections 115A.1331 to |
---|
| 2060 | + | 61.26115A.1347 or with applicable rules adopted under section 116.07, subdivision 2, paragraph |
---|
| 2061 | + | 61.27(d), or 4, paragraph (g), the commissioner may issue an order under section 115.071, |
---|
| 2062 | + | 61.28subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible |
---|
| 2063 | + | 61.29for the abandonment, improper disposal, or noncompliant storage of the covered products |
---|
| 2064 | + | 61.30to recover and properly manage the covered products according to sections 115A.1331 to |
---|
| 2065 | + | 61.31115A.1347 and applicable rules. An order under this paragraph must notify the person of |
---|
| 2066 | + | 61.32the provisions of this subdivision. |
---|
| 2067 | + | 61Article 2 Sec. 17. |
---|
| 2068 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 62.1 (b) If a person that receives an order under paragraph (a) fails to complete the ordered |
---|
| 2069 | + | 62.2actions to recover and properly manage the covered products within the time specified in |
---|
| 2070 | + | 62.3the order, then after that time or upon expiration of the appeal period for the order, whichever |
---|
| 2071 | + | 62.4is later, the commissioner must notify the stewardship organization in writing of: |
---|
| 2072 | + | 62.5 (1) the commissioner's determination that the covered products have been abandoned, |
---|
| 2073 | + | 62.6improperly disposed of, or stored in a noncompliant manner; |
---|
| 2074 | + | 62.7 (2) the name of the person that was issued the order under paragraph (a) and the location |
---|
| 2075 | + | 62.8of the covered products; |
---|
| 2076 | + | 62.9 (3) the actions required to recover and properly manage the covered products; and |
---|
| 2077 | + | 62.10 (4) the amount of time that the stewardship organization may attempt to complete the |
---|
| 2078 | + | 62.11actions to recover and properly manage the covered products on behalf of the person. |
---|
| 2079 | + | 62.12 (c) If the stewardship organization intends to recover and properly manage the covered |
---|
| 2080 | + | 62.13products, the stewardship organization must notify the commissioner of its intent and submit |
---|
| 2081 | + | 62.14a plan to recover and properly manage the covered products to the commissioner. The |
---|
| 2082 | + | 62.15stewardship organization must comply with its submitted recovery and management plan. |
---|
| 2083 | + | 62.16 (d) If, after the period specified in paragraph (b), the ordered actions to recover and |
---|
| 2084 | + | 62.17properly manage the covered products have not been completed, or upon earlier notice from |
---|
| 2085 | + | 62.18the stewardship organization that it does not intend to take the actions, the commissioner |
---|
| 2086 | + | 62.19may recover and properly manage the covered products. The commissioner must estimate |
---|
| 2087 | + | 62.20the cost for a person contracted to the agency to perform the recovery and management. |
---|
| 2088 | + | 62.21The commissioner must assess the estimated cost to the stewardship organization according |
---|
| 2089 | + | 62.22to section 115A.1339, subdivision 2. After the stewardship organization pays the assessed |
---|
| 2090 | + | 62.23fee, the commissioner may recover and properly manage the covered products. Money |
---|
| 2091 | + | 62.24appropriated to the commissioner from the product stewardship account may be spent by |
---|
| 2092 | + | 62.25the commissioner to recover and properly manage the covered products. |
---|
| 2093 | + | 62.26 (e) In addition to the authority to enter upon any public or private property for the purpose |
---|
| 2094 | + | 62.27of obtaining information or conducting surveys or investigations under section 115A.06, |
---|
| 2095 | + | 62.28the commissioner or any designee or agent may enter upon the property to recover covered |
---|
| 2096 | + | 62.29products when acting under this subdivision. |
---|
| 2097 | + | 62.30 Subd. 2.Limited private right of action for recovery and proper management.(a) |
---|
| 2098 | + | 62.31The stewardship organization that recovers and properly manages covered products under |
---|
| 2099 | + | 62.32subdivision 1, paragraph (c), may maintain a civil action against a person issued an order |
---|
| 2100 | + | 62.33to recover and properly manage those covered products under subdivision 1, paragraph (a). |
---|
| 2101 | + | 62Article 2 Sec. 17. |
---|
| 2102 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 63.1The stewardship organization is entitled to damages under this paragraph of twice its actual |
---|
| 2103 | + | 63.2cost of recovery and proper management of the covered products. Additional amounts |
---|
| 2104 | + | 63.3recoverable under this paragraph include an award of reasonable attorney fees and costs. |
---|
| 2105 | + | 63.4 (b) When the stewardship organization is assessed and pays the cost to recover and |
---|
| 2106 | + | 63.5properly manage covered products under subdivision 1, paragraph (d), and section |
---|
| 2107 | + | 63.6115A.1339, subdivision 2, the stewardship organization may maintain a civil action against |
---|
| 2108 | + | 63.7a person issued an order to recover and properly manage those covered products under |
---|
| 2109 | + | 63.8subdivision 1, paragraph (a). The stewardship organization is entitled to damages under this |
---|
| 2110 | + | 63.9paragraph equal to the cost of recovery and proper management of covered products assessed |
---|
| 2111 | + | 63.10by the commissioner to the stewardship organization. Additional amounts recoverable under |
---|
| 2112 | + | 63.11this paragraph include an award of reasonable attorney fees and costs. |
---|
| 2113 | + | 63.12 (c) The commissioner may not be a party to or be required to provide assistance or |
---|
| 2114 | + | 63.13otherwise participate in a civil action authorized under this subdivision unless subject to a |
---|
| 2115 | + | 63.14subpoena before a court of jurisdiction. |
---|
| 2116 | + | 63.15 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2117 | + | 63.16Sec. 18. [115A.1345] OTHER AUTHORITIES AND DUTIES. |
---|
| 2118 | + | 63.17 Subdivision 1.Limited private right of action against producers.(a) Except as |
---|
| 2119 | + | 63.18provided in paragraph (d), the stewardship organization may maintain a civil action against |
---|
| 2120 | + | 63.19one or more producers, except a de minimis producer, to recover a portion of the stewardship |
---|
| 2121 | + | 63.20organization's costs and additional amounts according to this subdivision. |
---|
| 2122 | + | 63.21 (b) Damages recoverable under this subdivision may not exceed a fair share of the actual |
---|
| 2123 | + | 63.22costs incurred by the plaintiff stewardship organization in managing covered products or |
---|
| 2124 | + | 63.23other electrical products of a defendant producer subject to section 115A.1347, subdivision |
---|
| 2125 | + | 63.242, paragraph (b). Additional amounts recoverable under this subdivision include an award |
---|
| 2126 | + | 63.25of reasonable attorney fees and costs. If a defendant producer did not participate in the |
---|
| 2127 | + | 63.26stewardship program established under sections 115A.1331 to 115A.1347 during the period |
---|
| 2128 | + | 63.27in which covered products or other electrical products of the defendant producer were |
---|
| 2129 | + | 63.28managed by the plaintiff stewardship organization, a punitive sum of up to three times the |
---|
| 2130 | + | 63.29damages awarded may be assessed. |
---|
| 2131 | + | 63.30 (c) A plaintiff stewardship organization may establish a defendant producer's fair share |
---|
| 2132 | + | 63.31of the plaintiff's actual costs by providing the court with information establishing the process |
---|
| 2133 | + | 63.32by which the defendant producer's share of stewardship program costs would have been |
---|
| 2134 | + | 63.33allocated had the defendant producer been a participant in the program and paid its allocated |
---|
| 2135 | + | 63Article 2 Sec. 18. |
---|
| 2136 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 64.1share. The plaintiff stewardship organization may use data from producers similar in covered |
---|
| 2137 | + | 64.2product, financial status, or market share to the defendant producer to provide the information. |
---|
| 2138 | + | 64.3 (d) An action may not be commenced under this subdivision against a potential defendant |
---|
| 2139 | + | 64.4producer until 60 days after the plaintiff stewardship organization provides to all potential |
---|
| 2140 | + | 64.5defendants a written notice of the claim setting forth the amount of the claim and the basis |
---|
| 2141 | + | 64.6for the calculation of the amount. |
---|
| 2142 | + | 64.7 (e) No action may be brought under this subdivision against a person other than a |
---|
| 2143 | + | 64.8producer. |
---|
| 2144 | + | 64.9 (f) The commissioner may not be a party to or be required to provide assistance or |
---|
| 2145 | + | 64.10otherwise participate in a civil action authorized under this subdivision unless subject to a |
---|
| 2146 | + | 64.11subpoena before a court of jurisdiction. |
---|
| 2147 | + | 64.12 Subd. 2.Conduct authorized.A producer or stewardship organization that organizes |
---|
| 2148 | + | 64.13covered services for covered products or other electrical products under sections 115A.1331 |
---|
| 2149 | + | 64.14to 115A.1347 is immune from liability for the conduct under state laws relating to antitrust, |
---|
| 2150 | + | 64.15restraint of trade, unfair trade practices, and other regulation of trade or commerce only to |
---|
| 2151 | + | 64.16the extent that the conduct is necessary to plan and implement the producer's or stewardship |
---|
| 2152 | + | 64.17organization's chosen system. |
---|
| 2153 | + | 64.18 Subd. 3.Duty to provide information.Upon request of the commissioner for purposes |
---|
| 2154 | + | 64.19of implementing sections 115A.1331 to 115A.1347, a person must furnish to the |
---|
| 2155 | + | 64.20commissioner any information that the person has or may reasonably obtain. |
---|
| 2156 | + | 64.21 Subd. 4.Contracts.(a) Any person awarded a contract under chapter 16C for purchase |
---|
| 2157 | + | 64.22or lease of covered products or other electrical products that is found to be in violation of |
---|
| 2158 | + | 64.23sections 115A.1331 to 115A.1347 is subject to the following sanctions: |
---|
| 2159 | + | 64.24 (1) the contract must be voided if the commissioner of administration determines that |
---|
| 2160 | + | 64.25the potential adverse impact to the state is exceeded by the benefit obtained from voiding |
---|
| 2161 | + | 64.26the contract; and |
---|
| 2162 | + | 64.27 (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part |
---|
| 2163 | + | 64.281230.1150. |
---|
| 2164 | + | 64.29 (b) If the attorney general establishes that any money, property, or benefit was obtained |
---|
| 2165 | + | 64.30by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in |
---|
| 2166 | + | 64.31addition to any other remedy, order the disgorgement of the unlawfully obtained money, |
---|
| 2167 | + | 64.32property, or benefit. |
---|
| 2168 | + | 64Article 2 Sec. 18. |
---|
| 2169 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 65.1 Subd. 5.Multistate implementation.The commissioner may participate in establishing |
---|
| 2170 | + | 65.2a regional multistate organization or compact to assist in carrying out the requirements of |
---|
| 2171 | + | 65.3sections 115A.1331 to 115A.1347. |
---|
| 2172 | + | 65.4 Subd. 6.Rules.The commissioner may adopt rules to implement sections 115A.1331 |
---|
| 2173 | + | 65.5to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking |
---|
| 2174 | + | 65.6under this subdivision. |
---|
| 2175 | + | 65.7 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2176 | + | 65.8 Sec. 19. [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING; |
---|
| 2177 | + | 65.9COVERED PRODUCT SALES RESTRICTION. |
---|
| 2178 | + | 65.10 Subdivision 1.Disposal prohibition.(a) A person may not place a covered product |
---|
| 2179 | + | 65.11into: |
---|
| 2180 | + | 65.12 (1) solid waste; or |
---|
| 2181 | + | 65.13 (2) a recycling container that a collector has not clearly marked for use for collecting |
---|
| 2182 | + | 65.14covered products. |
---|
| 2183 | + | 65.15 (b) A person must manage a covered product that is discarded by delivering the covered |
---|
| 2184 | + | 65.16product to a collection site or to a recycling facility for covered products. |
---|
| 2185 | + | 65.17 (c) Until recycled, covered products are not exempt from any applicable rules adopted |
---|
| 2186 | + | 65.18under section 116.07 for managing hazardous waste. |
---|
| 2187 | + | 65.19 (d) Covered batteries and covered products that have covered batteries contained within |
---|
| 2188 | + | 65.20them or otherwise attached or connected to them must be stored in containers that are: |
---|
| 2189 | + | 65.21 (1) designed, constructed, and used in a manner to suppress battery fires in the container |
---|
| 2190 | + | 65.22or to prevent ignition of materials outside the container; and |
---|
| 2191 | + | 65.23 (2) held in structures compliant with the local fire code. |
---|
| 2192 | + | 65.24 Subd. 2.Labeling and sale; requirements.(a) A person may not sell, including online |
---|
| 2193 | + | 65.25sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a |
---|
| 2194 | + | 65.26sale of a covered battery or covered product that has a covered battery contained within it |
---|
| 2195 | + | 65.27or otherwise attached or connected to it unless the covered battery and covered product is |
---|
| 2196 | + | 65.28labeled to identify the chemistry employed to store energy in the battery. Labeling under |
---|
| 2197 | + | 65.29this paragraph must be permanently marked on or affixed to the covered battery and covered |
---|
| 2198 | + | 65.30product and must use language or graphics sufficient to facilitate awareness by members |
---|
| 2199 | + | 65.31of the public of the battery chemistry employed. The commissioner may, by rule adopted |
---|
| 2200 | + | 65.32under section 115A.1345, subdivision 6, specify the manner of labeling. |
---|
| 2201 | + | 65Article 2 Sec. 19. |
---|
| 2202 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 66.1 (b) A person may not sell, including online sales; offer for sale or promotional purposes; |
---|
| 2203 | + | 66.2distribute in or into the state; or facilitate a sale of a covered product or other electrical |
---|
| 2204 | + | 66.3product unless the producer of the covered product or other electrical product is named as |
---|
| 2205 | + | 66.4a participant in a stewardship plan published under section 115A.1335, subdivision 4, |
---|
| 2206 | + | 66.5paragraph (f), or the brand is named as covered in a stewardship plan published under section |
---|
| 2207 | + | 66.6115A.1335, subdivision 4, paragraph (f), and the stewardship plan has not been terminated |
---|
| 2208 | + | 66.7under section 115A.1335, subdivision 5. |
---|
| 2209 | + | 66.8 (c) This subdivision does not apply to isolated and occasional sales of a covered product |
---|
| 2210 | + | 66.9or other electrical product that are not made in the normal course of business, as exempted |
---|
| 2211 | + | 66.10from sales tax under section 297A.67, subdivision 23. |
---|
| 2212 | + | 66.11 (d) This subdivision does not apply to sales, including online sales; offers for sale or |
---|
| 2213 | + | 66.12promotional purposes; distribution; or facilitation of a sale of a used covered product or |
---|
| 2214 | + | 66.13used other electrical product. |
---|
| 2215 | + | 66.14 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2216 | + | 66.15Sec. 20. Minnesota Statutes 2024, section 115A.554, is amended to read: |
---|
| 2217 | + | 66.16 115A.554 AUTHORITY OF SANITARY DISTRICTS. |
---|
| 2218 | + | 66.17 A sanitary district has the authorities and duties of counties within the district's boundary |
---|
| 2219 | + | 66.18for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551; |
---|
| 2220 | + | 66.19115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961; |
---|
| 2221 | + | 66.20116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161. |
---|
| 2222 | + | 66.21 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2223 | + | 66.22Sec. 21. Minnesota Statutes 2024, section 115B.421, is amended to read: |
---|
| 2224 | + | 66.23 115B.421 CLOSED LANDFILL INVESTMENT FUND. |
---|
| 2225 | + | 66.24 Subdivision 1.Establishment.(a) The closed landfill investment fund is established in |
---|
| 2226 | + | 66.25the state treasury. The fund consists of money credited to the fund and interest and other |
---|
| 2227 | + | 66.26earnings on money in the fund. Funds must be deposited as described in section 115B.445. |
---|
| 2228 | + | 66.27The fund must be managed to maximize long-term gain through the State Board of |
---|
| 2229 | + | 66.28Investment. Money in the fund is appropriated to the commissioner of the Pollution Control |
---|
| 2230 | + | 66.29Agency and may be spent according to sections 115B.39 to 115B.444. |
---|
| 2231 | + | 66.30 (b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment |
---|
| 2232 | + | 66.31fund to the commissioner for the purposes of sections 115B.39 to 115B.444. |
---|
| 2233 | + | 66Article 2 Sec. 21. |
---|
| 2234 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 67.1 (c) If the commissioner determines that a release or threatened release from a qualified |
---|
| 2235 | + | 67.2facility for which the commissioner has assumed obligations for environmental response |
---|
| 2236 | + | 67.3actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate |
---|
| 2237 | + | 67.4action to prevent, minimize, or mitigate damage either to the public health or welfare or the |
---|
| 2238 | + | 67.5environment or to a system designed to protect the public health or welfare or the |
---|
| 2239 | + | 67.6environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b) |
---|
| 2240 | + | 67.7is appropriated to the commissioner in the first year of the biennium and may be spent by |
---|
| 2241 | + | 67.8the commissioner to take reasonable and necessary emergency response actions. Money |
---|
| 2242 | + | 67.9not spent in the first year of the biennium may be spent in the second year. If money is |
---|
| 2243 | + | 67.10appropriated under this paragraph, the commissioner must notify the chairs of the senate |
---|
| 2244 | + | 67.11and house of representatives committees having jurisdiction over environment policy and |
---|
| 2245 | + | 67.12finance as soon as possible. The commissioner must maintain the fund balance to ensure |
---|
| 2246 | + | 67.13long-term viability of the fund and reflect the responsibility of the landfill cleanup program |
---|
| 2247 | + | 67.14in perpetuity. |
---|
| 2248 | + | 67.15 (d) Paragraphs (b) and (c) expire June 30, 2025. |
---|
| 2249 | + | 67.16 (b) The commissioner of management and budget must allocate the amounts available |
---|
| 2250 | + | 67.17in a biennium to the commissioner of the Pollution Control Agency for the purposes provided |
---|
| 2251 | + | 67.18in sections 115B.39 to 115B.444 based on work plans submitted by the commissioner of |
---|
| 2252 | + | 67.19the Pollution Control Agency and may adjust the allocations if the commissioner of the |
---|
| 2253 | + | 67.20Pollution Control Agency submits revised work plans. The commissioner of the Pollution |
---|
| 2254 | + | 67.21Control Agency must submit copies of the work plans to the chairs of the legislative |
---|
| 2255 | + | 67.22committees and divisions having jurisdiction over environment policy and finance. The |
---|
| 2256 | + | 67.23commissioner of the Pollution Control Agency may submit one work plan for the landfill |
---|
| 2257 | + | 67.24cleanup program covering all funding sources to meet the work plan requirements under |
---|
| 2258 | + | 67.25this section and section 116.155. |
---|
| 2259 | + | 67.26 Subd. 2.Local notification.If money in the closed landfill investment fund is spent or |
---|
| 2260 | + | 67.27transferred for purposes other than the purposes provided under sections 115B.39 to |
---|
| 2261 | + | 67.28115B.444, the commissioner of the Pollution Control Agency must provide written |
---|
| 2262 | + | 67.29notification to each county with a qualified facility within 30 days of the transfer or |
---|
| 2263 | + | 67.30expenditure that includes the amount, purpose, and authority used to spend or transfer the |
---|
| 2264 | + | 67.31money. |
---|
| 2265 | + | 67Article 2 Sec. 21. |
---|
| 2266 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 68.1 Sec. 22. Minnesota Statutes 2024, section 115C.02, is amended by adding a subdivision |
---|
| 2267 | + | 68.2to read: |
---|
| 2268 | + | 68.3 Subd. 13a.Side-mounted fuel tank.(a) "Side-mounted fuel tank" means a liquid fuel |
---|
| 2269 | + | 68.4tank that is in commercial use, has a capacity of 50 gallons or more, and: |
---|
| 2270 | + | 68.5 (1) if mounted on a truck tractor, extends outboard of the vehicle frame and outside the |
---|
| 2271 | + | 68.6plain view outline of the cab; or |
---|
| 2272 | + | 68.7 (2) if mounted on a truck, extends outboard of a line parallel to the longitudinal centerline |
---|
| 2273 | + | 68.8of the truck and tangent to the outboard side of a front tire in a straight-ahead position. |
---|
| 2274 | + | 68.9 (b) In determining whether a fuel tank on a truck or truck tractor is side-mounted, the |
---|
| 2275 | + | 68.10fill pipe is not considered a part of the tank. |
---|
| 2276 | + | 68.11Sec. 23. Minnesota Statutes 2024, section 115C.02, subdivision 14, is amended to read: |
---|
| 2277 | + | 68.12 Subd. 14.Tank.(a) "Tank" means any one or a combination of containers, vessels, and |
---|
| 2278 | + | 68.13enclosures, including structures and appurtenances connected to them, that is, or has been, |
---|
| 2279 | + | 68.14used to contain, dispense, or store petroleum. |
---|
| 2280 | + | 68.15 (b) "Tank" does not include: |
---|
| 2281 | + | 68.16 (1) mobile tanks, except for tanks in transport; or |
---|
| 2282 | + | 68.17 (2) pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline |
---|
| 2283 | + | 68.18Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous Liquid Pipeline |
---|
| 2284 | + | 68.19Safety Act of 1979, United States Code, title 49, chapter 29. |
---|
| 2285 | + | 68.20 (c) "Tank" includes a side-mounted fuel tank. |
---|
| 2286 | + | 68.21Sec. 24. Minnesota Statutes 2024, section 115C.09, subdivision 1, is amended to read: |
---|
| 2287 | + | 68.22 Subdivision 1.Reimbursable costs.(a) The board shall provide reimbursement to |
---|
| 2288 | + | 68.23eligible applicants for reimbursable costs. |
---|
| 2289 | + | 68.24 (b) The following costs are reimbursable for purposes of this chapter: |
---|
| 2290 | + | 68.25 (1) corrective action costs incurred by the applicant and documented in a form prescribed |
---|
| 2291 | + | 68.26by the board. Corrective action costs incurred by the applicant include costs for physical |
---|
| 2292 | + | 68.27removal of a tank when the physical removal is part of a corrective action, regardless of |
---|
| 2293 | + | 68.28whether the tank is leaking at the time of removal, and the removal is directed or approved |
---|
| 2294 | + | 68.29by the commissioner; |
---|
| 2295 | + | 68Article 2 Sec. 24. |
---|
| 2296 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 69.1 (2) costs that the responsible person is legally obligated to pay as damages to third parties |
---|
| 2297 | + | 69.2for bodily injury, property damage, or corrective action costs incurred by a third party caused |
---|
| 2298 | + | 69.3by a release where the responsible person's liability for the costs has been established by a |
---|
| 2299 | + | 69.4court order or court-approved settlement; and |
---|
| 2300 | + | 69.5 (3) up to 180 days of interest costs associated with the financing of corrective action |
---|
| 2301 | + | 69.6and incurred by the applicant in a written extension of credit or loan that has been signed |
---|
| 2302 | + | 69.7by the applicant and executed after July 1, 2002, provided that the applicant documents |
---|
| 2303 | + | 69.8that: |
---|
| 2304 | + | 69.9 (i) the interest costs are incurred as a result of an extension of credit or loan from a |
---|
| 2305 | + | 69.10financial institution; and |
---|
| 2306 | + | 69.11 (ii) the board has not considered the application within the applicable time frame specified |
---|
| 2307 | + | 69.12in subdivision 2a, paragraph (c). |
---|
| 2308 | + | 69.13 (c) Interest costs meeting the requirements of paragraph (b), clause (3), are eligible only |
---|
| 2309 | + | 69.14when they are incurred between the date a complete initial application is received by the |
---|
| 2310 | + | 69.15board, or the date a complete supplemental application is received by the board, and the |
---|
| 2311 | + | 69.16date that the board first notifies the applicant of its reimbursement determination. An |
---|
| 2312 | + | 69.17application is complete when the information reasonably required or requested by the board's |
---|
| 2313 | + | 69.18staff from the applicant has been received by the board's staff. Interest costs are not eligible |
---|
| 2314 | + | 69.19for reimbursement to the extent they exceed two percentage points above the adjusted prime |
---|
| 2315 | + | 69.20rate charged by banks, as defined in section 270C.40, subdivision 5, at the time the extension |
---|
| 2316 | + | 69.21of credit or loan was executed. |
---|
| 2317 | + | 69.22 (d) A cost for liability to a third party is incurred by the responsible person when an |
---|
| 2318 | + | 69.23order or court-approved settlement is entered that sets forth the specific costs attributed to |
---|
| 2319 | + | 69.24the liability. Except as provided in this paragraph, reimbursement may not be made for costs |
---|
| 2320 | + | 69.25of liability to third parties until all eligible corrective action costs have been reimbursed. If |
---|
| 2321 | + | 69.26a corrective action is expected to continue in operation for more than one year after it has |
---|
| 2322 | + | 69.27been fully constructed or installed, the board may estimate the future expense of completing |
---|
| 2323 | + | 69.28the corrective action and, after subtracting this estimate from the total reimbursement |
---|
| 2324 | + | 69.29available under subdivision 3, reimburse the costs for liability to third parties. The total |
---|
| 2325 | + | 69.30reimbursement may not exceed the limit set forth in subdivision 3. |
---|
| 2326 | + | 69.31 (e) For purposes of this section, "corrective action costs incurred by the applicant" does |
---|
| 2327 | + | 69.32not include corrective action costs resulting from a release from a side-mounted fuel tank. |
---|
| 2328 | + | 69.33Corrective action costs, including staff time, cleanup costs, or damages, resulting from a |
---|
| 2329 | + | 69.34release from a side-mounted fuel tank are not reimbursable. |
---|
| 2330 | + | 69Article 2 Sec. 24. |
---|
| 2331 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 70.1 Sec. 25. Minnesota Statutes 2024, section 116.03, subdivision 2b, is amended to read: |
---|
| 2332 | + | 70.2 Subd. 2b.Permitting efficiency.(a) It is the goal of the state that environmental and |
---|
| 2333 | + | 70.3resource management permits be issued or denied within 90 days for tier 1 permits or 150 |
---|
| 2334 | + | 70.4days for tier 2 permits following submission of a permit application. The commissioner of |
---|
| 2335 | + | 70.5the Pollution Control Agency shall establish management systems designed to achieve the |
---|
| 2336 | + | 70.6goal. For the purposes of this section, "tier 1 permits" are permits that do not require |
---|
| 2337 | + | 70.7individualized actions or public comment periods, and "tier 2 permits" are permits that |
---|
| 2338 | + | 70.8require individualized actions or public comment periods. |
---|
| 2339 | + | 70.9 (b) The commissioner shall prepare an annual permitting efficiency report that includes |
---|
| 2340 | + | 70.10statistics on meeting the goal in paragraph (a) and the criteria for tier 2 by permit categories. |
---|
| 2341 | + | 70.11The report must also provide information on consultants regarding achievement of the |
---|
| 2342 | + | 70.12performance standards under paragraph (e), clauses (1) to (4). The report is due August 1 |
---|
| 2343 | + | 70.13each year. For permit applications that have not met the goal, the report must state the |
---|
| 2344 | + | 70.14reasons for not meeting the goal. In stating the reasons for not meeting the goal, the |
---|
| 2345 | + | 70.15commissioner shall separately identify delays caused by the responsiveness of the proposer, |
---|
| 2346 | + | 70.16lack of staff, scientific or technical disagreements, or the level of public engagement. The |
---|
| 2347 | + | 70.17report must specify the number of days from initial submission of the application to the day |
---|
| 2348 | + | 70.18of determination that the application is complete. The report must aggregate the data for |
---|
| 2349 | + | 70.19the year and assess whether program or system changes are necessary to achieve the goal. |
---|
| 2350 | + | 70.20The report must be posted on the agency's website and submitted to the governor and the |
---|
| 2351 | + | 70.21chairs and ranking minority members of the house of representatives and senate committees |
---|
| 2352 | + | 70.22having jurisdiction over environment policy and finance. |
---|
| 2353 | + | 70.23 (c) The commissioner shall allow electronic submission of environmental review and |
---|
| 2354 | + | 70.24permit documents to the agency. |
---|
| 2355 | + | 70.25 (d) Within 30 business days of application for a permit subject to paragraph (a), the |
---|
| 2356 | + | 70.26commissioner of the Pollution Control Agency shall notify the permit applicant, in writing, |
---|
| 2357 | + | 70.27whether the application is complete or incomplete. If the commissioner determines that an |
---|
| 2358 | + | 70.28application is incomplete, the notice to the applicant must enumerate all deficiencies, citing |
---|
| 2359 | + | 70.29specific provisions of the applicable rules and statutes, and advise the applicant on how the |
---|
| 2360 | + | 70.30deficiencies can be remedied. If the commissioner determines that the application is complete, |
---|
| 2361 | + | 70.31the notice must confirm the application's tier 1 or tier 2 permit status. If the commissioner |
---|
| 2362 | + | 70.32believes that a complete application for a tier 2 construction permit cannot be issued within |
---|
| 2363 | + | 70.33the 150-day goal, the commissioner must provide notice to the applicant with the |
---|
| 2364 | + | 70.34commissioner's notice that the application is complete and, upon request of the applicant, |
---|
| 2365 | + | 70.35provide the permit applicant with a schedule estimating when the agency will begin drafting |
---|
| 2366 | + | 70Article 2 Sec. 25. |
---|
| 2367 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 71.1the permit and issue the public notice of the draft permit. This paragraph does not apply to |
---|
| 2368 | + | 71.2an application for a permit that is subject to a grant or loan agreement under chapter 446A. |
---|
| 2369 | + | 71.3 (e) The commissioner must credential consultants who meet the requirements of this |
---|
| 2370 | + | 71.4paragraph and must provide a logo or similar indicator with the credential that can be used |
---|
| 2371 | + | 71.5by a consultant in marketing their services. For purposes of this section, "consultant" means |
---|
| 2372 | + | 71.6a third-party professional representing a facility owner or operator to prepare or assist in |
---|
| 2373 | + | 71.7preparing a permit application or other similar documentation required by the commissioner |
---|
| 2374 | + | 71.8for authorizations under chapters 115 to 116. A consultant is credentialed on January 1 each |
---|
| 2375 | + | 71.9odd-numbered year if, in the preceding two years, the consultant: |
---|
| 2376 | + | 71.10 (1) submitted permit applications deemed complete under paragraph (d) at a rate of at |
---|
| 2377 | + | 71.11least 80 percent; |
---|
| 2378 | + | 71.12 (2) when applicable, met agreed-upon deadlines as part of a plan designed to increase |
---|
| 2379 | + | 71.13the coordination and efficiency of regulatory activities, such as a plan described under |
---|
| 2380 | + | 71.14section 116.035; |
---|
| 2381 | + | 71.15 (3) did not represent an owner or operator to prepare or assist in preparing a permit |
---|
| 2382 | + | 71.16application or other similar documentation when the owner or operator received a citation |
---|
| 2383 | + | 71.17under section 116.073, subdivision 1, paragraph (b); and |
---|
| 2384 | + | 71.18 (4) was not found in violation of Minnesota Rules, part 7000.0300, relating to duty of |
---|
| 2385 | + | 71.19candor. |
---|
| 2386 | + | 71.20 (e) (f) For purposes of this subdivision, "permit professional" means an individual not |
---|
| 2387 | + | 71.21employed by the Pollution Control Agency who: |
---|
| 2388 | + | 71.22 (1) has a professional license issued by the state of Minnesota in the subject area of the |
---|
| 2389 | + | 71.23permit; |
---|
| 2390 | + | 71.24 (2) has at least ten years of experience in the subject area of the permit; and |
---|
| 2391 | + | 71.25 (3) abides by the duty of candor applicable to employees of the Pollution Control Agency |
---|
| 2392 | + | 71.26under agency rules and complies with all applicable requirements under chapter 326. |
---|
| 2393 | + | 71.27 (f) (g) Upon the agency's request, an applicant relying on a permit professional must |
---|
| 2394 | + | 71.28participate in a meeting with the agency before submitting an application: |
---|
| 2395 | + | 71.29 (1) at least two weeks prior to the preapplication meeting, the applicant must submit at |
---|
| 2396 | + | 71.30least the following: |
---|
| 2397 | + | 71.31 (i) project description, including, but not limited to, scope of work, primary emissions |
---|
| 2398 | + | 71.32points, discharge outfalls, and water intake points; |
---|
| 2399 | + | 71Article 2 Sec. 25. |
---|
| 2400 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 72.1 (ii) location of the project, including county, municipality, and location on the site; |
---|
| 2401 | + | 72.2 (iii) business schedule for project completion; and |
---|
| 2402 | + | 72.3 (iv) other information requested by the agency at least four weeks prior to the scheduled |
---|
| 2403 | + | 72.4meeting; and |
---|
| 2404 | + | 72.5 (2) during the preapplication meeting, the agency shall provide for the applicant at least |
---|
| 2405 | + | 72.6the following: |
---|
| 2406 | + | 72.7 (i) an overview of the permit review program; |
---|
| 2407 | + | 72.8 (ii) a determination of which specific application or applications will be necessary to |
---|
| 2408 | + | 72.9complete the project; |
---|
| 2409 | + | 72.10 (iii) a statement notifying the applicant if the specific permit being sought requires a |
---|
| 2410 | + | 72.11mandatory public hearing or comment period; |
---|
| 2411 | + | 72.12 (iv) a review of the timetable established in the permit review program for the specific |
---|
| 2412 | + | 72.13permit being sought; and |
---|
| 2413 | + | 72.14 (v) a determination of what information must be included in the application, including |
---|
| 2414 | + | 72.15a description of any required modeling or testing. |
---|
| 2415 | + | 72.16 (g) (h) The applicant may select a permit professional to undertake the preparation of |
---|
| 2416 | + | 72.17the permit application and draft permit. |
---|
| 2417 | + | 72.18 (h) (i) If a preapplication meeting was held, the agency shall, within seven business days |
---|
| 2418 | + | 72.19of receipt of an application, notify the applicant and submitting permit professional that the |
---|
| 2419 | + | 72.20application is complete or is denied, specifying the deficiencies of the application. |
---|
| 2420 | + | 72.21 (i) (j) Upon receipt of notice that the application is complete, the permit professional |
---|
| 2421 | + | 72.22shall submit to the agency a timetable for submitting a draft permit. The permit professional |
---|
| 2422 | + | 72.23shall submit a draft permit on or before the date provided in the timetable. Within 60 days |
---|
| 2423 | + | 72.24after the close of the public comment period, the commissioner shall notify the applicant |
---|
| 2424 | + | 72.25whether the permit can be issued. |
---|
| 2425 | + | 72.26 (j) (k) Nothing in this section shall be construed to modify: |
---|
| 2426 | + | 72.27 (1) any requirement of law that is necessary to retain federal delegation to or assumption |
---|
| 2427 | + | 72.28by the state; or |
---|
| 2428 | + | 72.29 (2) the authority to implement a federal law or program. |
---|
| 2429 | + | 72.30 (k) (l) The permit application and draft permit shall identify or include as an appendix |
---|
| 2430 | + | 72.31all studies and other sources of information used to substantiate the analysis contained in |
---|
| 2431 | + | 72Article 2 Sec. 25. |
---|
| 2432 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 73.1the permit application and draft permit. The commissioner shall request additional studies, |
---|
| 2433 | + | 73.2if needed, and the permit applicant shall submit all additional studies and information |
---|
| 2434 | + | 73.3necessary for the commissioner to perform the commissioner's responsibility to review, |
---|
| 2435 | + | 73.4modify, and determine the completeness of the application and approve the draft permit. |
---|
| 2436 | + | 73.5 Sec. 26. Minnesota Statutes 2024, section 116.073, subdivision 1, is amended to read: |
---|
| 2437 | + | 73.6 Subdivision 1.Authority to issue.(a) Pollution Control Agency staff designated by the |
---|
| 2438 | + | 73.7commissioner and Department of Natural Resources conservation officers may issue citations |
---|
| 2439 | + | 73.8to a person who: |
---|
| 2440 | + | 73.9 (1) disposes of solid waste as defined in section 116.06, subdivision 22, at a location |
---|
| 2441 | + | 73.10not authorized by law for the disposal of solid waste without permission of the owner of |
---|
| 2442 | + | 73.11the property; |
---|
| 2443 | + | 73.12 (2) fails to report or recover discharges as required under section 115.061; |
---|
| 2444 | + | 73.13 (3) fails to take discharge preventive or preparedness measures required under chapter |
---|
| 2445 | + | 73.14115E; |
---|
| 2446 | + | 73.15 (4) fails to install or use vapor recovery equipment during the transfer of gasoline from |
---|
| 2447 | + | 73.16a transport delivery vehicle to an underground storage tank as required in section 116.49, |
---|
| 2448 | + | 73.17subdivisions 3 and 4; |
---|
| 2449 | + | 73.18 (5) performs labor or services designing, installing, constructing, inspecting, servicing, |
---|
| 2450 | + | 73.19repairing, or operating a subsurface sewage treatment system (SSTS) as defined in chapter |
---|
| 2451 | + | 73.20115 and has violated rules adopted under chapters 115 and 116 in any of the following |
---|
| 2452 | + | 73.21categories: |
---|
| 2453 | + | 73.22 (i) failure to acquire or maintain a current state-issued SSTS license; |
---|
| 2454 | + | 73.23 (ii) failure to acquire or maintain a current surety bond for SSTS activities; |
---|
| 2455 | + | 73.24 (iii) failure to acquire or maintain a required local permit for SSTS activities; or |
---|
| 2456 | + | 73.25 (iv) failure to submit SSTS as-built plans or compliance inspection forms to the local |
---|
| 2457 | + | 73.26governmental unit; or |
---|
| 2458 | + | 73.27 (6) performs labor or services pumping, hauling, treating, spreading, dumping, |
---|
| 2459 | + | 73.28discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100, subpart |
---|
| 2460 | + | 73.2969, and has violated rules adopted under chapters 115 and 116 or Code of Federal |
---|
| 2461 | + | 73.30Regulations, title 40, section 503, in any of the following categories: |
---|
| 2462 | + | 73.31 (i) failure to acquire or maintain a current state-issued SSTS license; |
---|
| 2463 | + | 73Article 2 Sec. 26. |
---|
| 2464 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 74.1 (ii) failure to acquire or maintain a current surety bond for SSTS activities; |
---|
| 2465 | + | 74.2 (iii) failure to provide control measures to prevent the pollution of underground waters |
---|
| 2466 | + | 74.3from the discharge of septage into the saturated or unsaturated zone; |
---|
| 2467 | + | 74.4 (iv) failure to produce records or maintain records in accordance with Code of Federal |
---|
| 2468 | + | 74.5Regulations, title 40, section 503; or |
---|
| 2469 | + | 74.6 (v) failure to treat septage for pathogens and vectors in accordance with Code of Federal |
---|
| 2470 | + | 74.7Regulations, title 40, section 503. |
---|
| 2471 | + | 74.8 (b) Agency staff designated by the commissioner may issue citations to facility owners |
---|
| 2472 | + | 74.9and operators who fail to produce, within 30 days or within a reasonable alternative time |
---|
| 2473 | + | 74.10frame as determined and required by the commissioner, information or reports necessary |
---|
| 2474 | + | 74.11for developing and reissuing permits and permit amendments under chapters 114C and 115 |
---|
| 2475 | + | 74.12to 116. If the owner or operator cannot produce the information or reports within 30 days |
---|
| 2476 | + | 74.13or according to an alternative time frame required by the commissioner, the owner or operator |
---|
| 2477 | + | 74.14may request an extension within 30 days of the request for information or reports. The |
---|
| 2478 | + | 74.15commissioner must keep records of citations issued under this paragraph that identify the |
---|
| 2479 | + | 74.16facility, the owner or operator, and any person hired by or representing the owner or operator |
---|
| 2480 | + | 74.17to prepare or assist in preparing the permit application or other information or report requested |
---|
| 2481 | + | 74.18by the commissioner. |
---|
| 2482 | + | 74.19 (b) (c) In addition, Pollution Control Agency staff designated by the commissioner may |
---|
| 2483 | + | 74.20issue citations to owners and operators of facilities who violate sections 116.46 to 116.50 |
---|
| 2484 | + | 74.21and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation |
---|
| 2485 | + | 74.22issued under this subdivision must include a requirement that the person cited remove and |
---|
| 2486 | + | 74.23properly dispose of or otherwise manage the waste or discharged oil or hazardous substance, |
---|
| 2487 | + | 74.24reimburse any government agency that has disposed of the waste or discharged oil or |
---|
| 2488 | + | 74.25hazardous substance and contaminated debris for the reasonable costs of disposal, or correct |
---|
| 2489 | + | 74.26any storage tank violations. |
---|
| 2490 | + | 74.27 (c) (d) Citations for violations of sections 115E.045 and 116.46 to 116.50 and Minnesota |
---|
| 2491 | + | 74.28Rules, chapters 7150 and 7151, may be issued only after the owners and operators have had |
---|
| 2492 | + | 74.29a 60-day period to correct violations stated in writing by Pollution Control Agency staff, |
---|
| 2493 | + | 74.30unless there is a discharge associated with the violation or the violation is a repeat violation |
---|
| 2494 | + | 74.31from a previous inspection. |
---|
| 2495 | + | 74.32Sec. 27. Minnesota Statutes 2024, section 116.073, subdivision 2, is amended to read: |
---|
| 2496 | + | 74.33 Subd. 2.Penalty amount.The citation must impose the following penalty amounts: |
---|
| 2497 | + | 74Article 2 Sec. 27. |
---|
| 2498 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 75.1 (1) $100 per major appliance, as defined in section 115A.03, subdivision 17a, up to a |
---|
| 2499 | + | 75.2maximum of $2,000; |
---|
| 2500 | + | 75.3 (2) $25 per waste tire, as defined in section 115A.90, subdivision 11, up to a maximum |
---|
| 2501 | + | 75.4of $2,000; |
---|
| 2502 | + | 75.5 (3) $25 per lead acid battery governed by section 115A.915, up to a maximum of $2,000; |
---|
| 2503 | + | 75.6 (4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000; |
---|
| 2504 | + | 75.7 (5) up to $200 for any amount of waste that escapes from a vehicle used for the |
---|
| 2505 | + | 75.8transportation of solid waste if, after receiving actual notice that waste has escaped the |
---|
| 2506 | + | 75.9vehicle, the person or company transporting the waste fails to immediately collect the waste; |
---|
| 2507 | + | 75.10 (6) $50 per violation of rules adopted under section 116.49, relating to underground |
---|
| 2508 | + | 75.11storage tank system design, construction, installation, and notification requirements, up to |
---|
| 2509 | + | 75.12a maximum of $2,000; |
---|
| 2510 | + | 75.13 (7) $500 per violation of rules adopted under section 116.49, relating to upgrading of |
---|
| 2511 | + | 75.14existing underground storage tank systems, up to a maximum of $2,000 per tank system; |
---|
| 2512 | + | 75.15 (8) $250 per violation of rules adopted under section 116.49, relating to underground |
---|
| 2513 | + | 75.16storage tank system general operating requirements, up to a maximum of $2,000; |
---|
| 2514 | + | 75.17 (9) $250 per violation of rules adopted under section 116.49, relating to underground |
---|
| 2515 | + | 75.18storage tank system release detection requirements, up to a maximum of $2,000; |
---|
| 2516 | + | 75.19 (10) $50 per violation of rules adopted under section 116.49, relating to out-of-service |
---|
| 2517 | + | 75.20underground storage tank systems and closure, up to a maximum of $2,000; |
---|
| 2518 | + | 75.21 (11) $50 per violation of sections 116.48 to 116.491 relating to underground storage |
---|
| 2519 | + | 75.22tank system notification, monitoring, environmental protection, and tank installers training |
---|
| 2520 | + | 75.23and certification requirements, up to a maximum of $2,000; |
---|
| 2521 | + | 75.24 (12) $25 per gallon of oil or hazardous substance discharged which is not reported or |
---|
| 2522 | + | 75.25recovered under section 115.061, up to a maximum of $2,000; |
---|
| 2523 | + | 75.26 (13) $1 per gallon of oil or hazardous substance being stored, transported, or otherwise |
---|
| 2524 | + | 75.27handled without the prevention or preparedness measures required under chapter 115E, up |
---|
| 2525 | + | 75.28to a maximum of $2,000; |
---|
| 2526 | + | 75.29 (14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter |
---|
| 2527 | + | 75.307151, related to aboveground storage tank systems, up to a maximum of $2,000; |
---|
| 2528 | + | 75Article 2 Sec. 27. |
---|
| 2529 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 76.1 (15) $250 per delivery made in violation of section 116.49, subdivision 3 or 4, levied |
---|
| 2530 | + | 76.2against: |
---|
| 2531 | + | 76.3 (i) the retail location if vapor recovery equipment is not installed or maintained properly; |
---|
| 2532 | + | 76.4 (ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery |
---|
| 2533 | + | 76.5equipment; or |
---|
| 2534 | + | 76.6 (iii) the driver for failure to use supplied vapor recovery equipment; |
---|
| 2535 | + | 76.7 (16) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
| 2536 | + | 76.8to comply with state subsurface sewage treatment system (SSTS) license requirements, up |
---|
| 2537 | + | 76.9to a maximum of $2,000; |
---|
| 2538 | + | 76.10 (17) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
| 2539 | + | 76.11to comply with SSTS surety bond requirements, up to a maximum of $2,000; |
---|
| 2540 | + | 76.12 (18) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
| 2541 | + | 76.13to provide control measures to prevent the pollution of underground waters from the discharge |
---|
| 2542 | + | 76.14of septage into the saturated or unsaturated zone, up to a maximum of $2,000; |
---|
| 2543 | + | 76.15 (19) $500 per violation of rules adopted under chapters 115 and 116 or Code of Federal |
---|
| 2544 | + | 76.16Regulations, title 40, section 503, relating to failure to treat septage for pathogens and |
---|
| 2545 | + | 76.17vectors, up to a maximum of $2,000; |
---|
| 2546 | + | 76.18 (20) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal |
---|
| 2547 | + | 76.19Regulations, title 40, section 503, relating to failure to produce records or maintain records, |
---|
| 2548 | + | 76.20up to a maximum of $2,000; |
---|
| 2549 | + | 76.21 (21) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal |
---|
| 2550 | + | 76.22Regulations, title 40, section 503, relating to failure to submit as-built plans or compliance |
---|
| 2551 | + | 76.23inspection forms to the local governmental unit, up to a maximum of $2,000; and |
---|
| 2552 | + | 76.24 (22) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
| 2553 | + | 76.25to obtain required local permits, up to a maximum of $2,000.; and |
---|
| 2554 | + | 76.26 (23) $50 per day under subdivision 1, paragraph (b), for each information item or report |
---|
| 2555 | + | 76.27requested for the first 30 days delinquent and $500 per day thereafter, up to a maximum of |
---|
| 2556 | + | 76.28$20,000 for each information item or report requested, until the commissioner determines |
---|
| 2557 | + | 76.29the request for information or report is complete. |
---|
| 2558 | + | 76Article 2 Sec. 27. |
---|
| 2559 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 77.1 Sec. 28. Minnesota Statutes 2024, section 116.182, subdivision 5, is amended to read: |
---|
| 2560 | + | 77.2 Subd. 5.Rules.(a) The agency shall adopt rules for the administration of the financial |
---|
| 2561 | + | 77.3assistance program. For wastewater treatment projects, the rules must include: |
---|
| 2562 | + | 77.4 (1) application requirements; |
---|
| 2563 | + | 77.5 (2) criteria for the ranking of projects in order of priority based on factors including the |
---|
| 2564 | + | 77.6type of project and the degree of environmental impact, and scenic and wild river standards; |
---|
| 2565 | + | 77.7and |
---|
| 2566 | + | 77.8 (3) criteria for determining essential project components. |
---|
| 2567 | + | 77.9 (b) Notwithstanding any provision in Minnesota Rules, chapter 7077, to the contrary, |
---|
| 2568 | + | 77.10for purposes of Minnesota Rules, parts 7077.0117, 7077.0118, and 7077.0119, the |
---|
| 2569 | + | 77.11commissioner must assign 40 points if a municipality is proposing a project to address |
---|
| 2570 | + | 77.12emerging contaminants, as defined by the United States Environmental Protection Agency. |
---|
| 2571 | + | 77.13This paragraph expires June 30, 2030. |
---|
| 2572 | + | 77.14Sec. 29. Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read: |
---|
| 2573 | + | 77.15 Subd. 6.Mercury thermometers prohibited.(a) A manufacturer, wholesaler, or retailer |
---|
| 2574 | + | 77.16may not sell or distribute at no cost a thermometer containing mercury that was manufactured |
---|
| 2575 | + | 77.17after June 1, 2001. |
---|
| 2576 | + | 77.18 (b) Paragraph (a) does not apply to an electronic thermometer with a battery containing |
---|
| 2577 | + | 77.19mercury if the battery is in compliance with section 325E.125 subdivision 8l. |
---|
| 2578 | + | 77.20 (c) A manufacturer is in compliance with this subdivision if the manufacturer: |
---|
| 2579 | + | 77.21 (1) has received an exclusion or exemption from a state that is a member of the Interstate |
---|
| 2580 | + | 77.22Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no |
---|
| 2581 | + | 77.23alternative is available or for an application when no feasible alternative is available; |
---|
| 2582 | + | 77.24 (2) submits a copy of the approved exclusion or exemption to the commissioner; and |
---|
| 2583 | + | 77.25 (3) meets all of the requirements in the approved exclusion or exemption for the |
---|
| 2584 | + | 77.26manufacturer's activities within the state. |
---|
| 2585 | + | 77.27 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2586 | + | 77Article 2 Sec. 29. |
---|
| 2587 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 78.1 Sec. 30. Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to |
---|
| 2588 | + | 78.2read: |
---|
| 2589 | + | 78.3 Subd. 8l.Ban; mercury in batteries.A person may not sell, offer for sale, or distribute |
---|
| 2590 | + | 78.4in or into the state: |
---|
| 2591 | + | 78.5 (1) an alkaline manganese battery that contains mercury that is not a button cell |
---|
| 2592 | + | 78.6nonrechargeable battery; |
---|
| 2593 | + | 78.7 (2) a nonrechargeable button cell battery that contains more than 25 milligrams of |
---|
| 2594 | + | 78.8mercury; or |
---|
| 2595 | + | 78.9 (3) a dry cell battery containing a mercuric oxide electrode. |
---|
| 2596 | + | 78.10 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2597 | + | 78.11Sec. 31. Minnesota Statutes 2024, section 168.1295, subdivision 1, is amended to read: |
---|
| 2598 | + | 78.12 Subdivision 1.General requirements and procedures.(a) The commissioner shall |
---|
| 2599 | + | 78.13issue state parks and trails plates to an applicant who: |
---|
| 2600 | + | 78.14 (1) is a registered owner of a passenger automobile, recreational vehicle, one-ton pickup |
---|
| 2601 | + | 78.15truck, or motorcycle; |
---|
| 2602 | + | 78.16 (2) pays a fee in the amount specified for special plates under section 168.12, subdivision |
---|
| 2603 | + | 78.175; |
---|
| 2604 | + | 78.18 (3) pays the registration tax required under section 168.013; |
---|
| 2605 | + | 78.19 (4) pays the fees required under this chapter; |
---|
| 2606 | + | 78.20 (5) contributes a minimum of $60 $70 annually to the state parks and trails donation |
---|
| 2607 | + | 78.21account established in section 85.056; and |
---|
| 2608 | + | 78.22 (6) complies with this chapter and rules governing registration of motor vehicles and |
---|
| 2609 | + | 78.23licensing of drivers. |
---|
| 2610 | + | 78.24 (b) The state parks and trails plate application must indicate that the contribution specified |
---|
| 2611 | + | 78.25under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the |
---|
| 2612 | + | 78.26applicant may make an additional contribution to the account. |
---|
| 2613 | + | 78.27 (c) State parks and trails plates may be personalized according to section 168.12, |
---|
| 2614 | + | 78.28subdivision 2a. |
---|
| 2615 | + | 78Article 2 Sec. 31. |
---|
| 2616 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 79.1 Sec. 32. Minnesota Statutes 2024, section 446A.07, subdivision 8, is amended to read: |
---|
| 2617 | + | 79.2 Subd. 8.Other uses of revolving fund.(a) The clean water revolving fund may be used |
---|
| 2618 | + | 79.3as provided in title VI of the Federal Water Pollution Control Act, including the following |
---|
| 2619 | + | 79.4uses: |
---|
| 2620 | + | 79.5 (1) to buy or refinance the debt obligation of governmental units for treatment works |
---|
| 2621 | + | 79.6where debt was incurred and construction begun after March 7, 1985, at or below market |
---|
| 2622 | + | 79.7rates; |
---|
| 2623 | + | 79.8 (2) to guarantee or purchase insurance for local obligations to improve credit market |
---|
| 2624 | + | 79.9access or reduce interest rates; |
---|
| 2625 | + | 79.10 (3) to provide a source of revenue or security for the payment of principal and interest |
---|
| 2626 | + | 79.11on revenue or general obligation bonds issued by the authority if the bond proceeds are |
---|
| 2627 | + | 79.12deposited in the fund; |
---|
| 2628 | + | 79.13 (4) to provide loan guarantees, loans, or set-aside for similar revolving funds established |
---|
| 2629 | + | 79.14by a governmental unit other than state agencies, or state agencies under sections 17.117, |
---|
| 2630 | + | 79.15103F.725, subdivision 1a, and 116J.617; |
---|
| 2631 | + | 79.16 (5) to earn interest on fund accounts; and |
---|
| 2632 | + | 79.17 (6) to pay the reasonable costs incurred by the authority and the Pollution Control Agency |
---|
| 2633 | + | 79.18of administering the fund and conducting activities required under the Federal Water Pollution |
---|
| 2634 | + | 79.19Control Act, including water quality management planning under section 205(j) of the act |
---|
| 2635 | + | 79.20and water quality standards continuing planning under section 303(e) of the act;. |
---|
| 2636 | + | 79.21 (b) The clean water revolving fund may be used to provide additional subsidization as |
---|
| 2637 | + | 79.22permitted under the federal Water Pollution Control Act and other federal law to provide |
---|
| 2638 | + | 79.23principal forgiveness or grants: |
---|
| 2639 | + | 79.24 (7) to provide principal forgiveness or grants to the extent permitted under the Federal |
---|
| 2640 | + | 79.25Water Pollution Control Act and other federal law, (1) based on the affordability criteria |
---|
| 2641 | + | 79.26and requirements established for the wastewater water infrastructure funding program under |
---|
| 2642 | + | 79.27section 446A.072; and |
---|
| 2643 | + | 79.28 (8) to provide loans, principal forgiveness, or grants to the extent permitted under the |
---|
| 2644 | + | 79.29Federal Water Pollution Control Act and other federal law (2) for 25 percent of project costs |
---|
| 2645 | + | 79.30up to a maximum of $1,000,000 for projects to address green infrastructure, water or energy |
---|
| 2646 | + | 79.31efficiency improvements, or other environmentally innovative activities.; and |
---|
| 2647 | + | 79Article 2 Sec. 32. |
---|
| 2648 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 80.1 (3) for 50 percent of project costs up to a maximum of $3,000,000 for projects that |
---|
| 2649 | + | 80.2address emerging contaminants as defined by the United States Environmental Protection |
---|
| 2650 | + | 80.3Agency. |
---|
| 2651 | + | 80.4 (b) Amounts spent under paragraph (a), clause (6), may not exceed the amount allowed |
---|
| 2652 | + | 80.5under the Federal Water Pollution Control Act. |
---|
| 2653 | + | 80.6 (c) Principal forgiveness or grants provided under paragraph (a), clause (8), may not |
---|
| 2654 | + | 80.7exceed 25 percent of the eligible project costs as determined by the Pollution Control Agency |
---|
| 2655 | + | 80.8for project components directly related to green infrastructure, water or energy efficiency |
---|
| 2656 | + | 80.9improvements, or other environmentally innovative activities, up to a maximum of |
---|
| 2657 | + | 80.10$1,000,000. |
---|
| 2658 | + | 80.11Sec. 33. Minnesota Statutes 2024, section 473.167, is amended to read: |
---|
| 2659 | + | 80.12 473.167 HIGHWAY PROJECTS; REGIONAL PARKS AND TRAILS PROJECTS. |
---|
| 2660 | + | 80.13 Subd. 2.Loans for acquisition.(a) The council may make loans to counties, towns, |
---|
| 2661 | + | 80.14and statutory and home rule charter cities within the metropolitan area for the purchase of |
---|
| 2662 | + | 80.15property within the right-of-way of a state trunk highway shown on an official map adopted |
---|
| 2663 | + | 80.16pursuant to section 394.361 or 462.359 or for the purchase of property within the proposed |
---|
| 2664 | + | 80.17right-of-way of a principal or intermediate arterial highway designated by the council as a |
---|
| 2665 | + | 80.18part of the metropolitan highway system plan and approved by the council pursuant to |
---|
| 2666 | + | 80.19section 473.166. The loans shall must be made by the council, from the fund established |
---|
| 2667 | + | 80.20pursuant to this subdivision, for purchases approved by the council. The loans shall bear |
---|
| 2668 | + | 80.21no interest. |
---|
| 2669 | + | 80.22 (b) The council may make loans to regional parks implementing agencies as defined in |
---|
| 2670 | + | 80.23section 473.351, subdivision 1, paragraph (a), for the purchase of property within the |
---|
| 2671 | + | 80.24boundaries or corridors that are designated by the council as part of the regional recreation |
---|
| 2672 | + | 80.25open space system, as defined in section 473.351, subdivision 1, paragraph (d), and that are |
---|
| 2673 | + | 80.26approved by the council according to sections 473.147 and 473.313.The loans must be made |
---|
| 2674 | + | 80.27by the council, from the fund established pursuant to this subdivision, for purchases approved |
---|
| 2675 | + | 80.28by the council. The loans bear no interest. |
---|
| 2676 | + | 80.29 (b) (c) The council shall make loans only: |
---|
| 2677 | + | 80.30 (1) to accelerate the acquisition of primarily undeveloped property when there is a |
---|
| 2678 | + | 80.31reasonable probability that the property will increase in value before highway construction, |
---|
| 2679 | + | 80.32and to update an expired environmental impact statement on a project for which the |
---|
| 2680 | + | 80.33right-of-way is being purchased; |
---|
| 2681 | + | 80Article 2 Sec. 33. |
---|
| 2682 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 81.1 (2) to accelerate the acquisition of primarily undeveloped property when there is a |
---|
| 2683 | + | 81.2reasonable probability that the property will increase in value before it can be acquired for |
---|
| 2684 | + | 81.3regional recreation open space system purposes; |
---|
| 2685 | + | 81.4 (2) (3) to avert the imminent conversion or the granting of approvals which that would |
---|
| 2686 | + | 81.5allow the conversion of property to uses which that would jeopardize its availability for |
---|
| 2687 | + | 81.6highway construction; |
---|
| 2688 | + | 81.7 (4) to avert the imminent conversion or the granting of approvals that would allow |
---|
| 2689 | + | 81.8development on the property that would jeopardize its availability or increase its costs for |
---|
| 2690 | + | 81.9regional recreation open space system purposes; |
---|
| 2691 | + | 81.10 (3) (5) to advance planning and environmental activities on highest priority major |
---|
| 2692 | + | 81.11metropolitan river crossing projects, under the transportation development guide |
---|
| 2693 | + | 81.12chapter/policy plan; or |
---|
| 2694 | + | 81.13 (4) (6) to take advantage of open market opportunities when developed properties become |
---|
| 2695 | + | 81.14available for sale, provided all parties involved are agreeable to the sale and funds are |
---|
| 2696 | + | 81.15available; or |
---|
| 2697 | + | 81.16 (7) to advance acquisition of property for the regional recreation open space system |
---|
| 2698 | + | 81.17when the time frame for completing acquisition for the regional park or trail, as defined in |
---|
| 2699 | + | 81.18the council's policy plan under section 473.147, may take many years before the property |
---|
| 2700 | + | 81.19is made available and open to the public. |
---|
| 2701 | + | 81.20 (c) (d) The council shall not make loans for the purchase of property at a price which |
---|
| 2702 | + | 81.21that exceeds the fair market value of the property or which that includes the costs of relocating |
---|
| 2703 | + | 81.22or moving persons or property. The eminent domain process may be used to settle differences |
---|
| 2704 | + | 81.23of opinion as to fair market value, provided all parties agree to the process. |
---|
| 2705 | + | 81.24 (d) (e) A private property owner may elect to receive the purchase price either in a lump |
---|
| 2706 | + | 81.25sum or in not more than four annual installments without interest on the deferred installments. |
---|
| 2707 | + | 81.26If the purchase agreement provides for installment payments, the council shall make the |
---|
| 2708 | + | 81.27loan in installments corresponding to those in the purchase agreement. |
---|
| 2709 | + | 81.28 (f) The recipient of an a highway acquisition loan shall convey the property for the |
---|
| 2710 | + | 81.29construction of the highway at the same price which that the recipient paid for the property. |
---|
| 2711 | + | 81.30The price may include the costs of preparing environmental documents that were required |
---|
| 2712 | + | 81.31for the acquisition and that were paid for with money that the recipient received from the |
---|
| 2713 | + | 81.32loan fund. Upon notification by the council that the plan to construct the highway has been |
---|
| 2714 | + | 81.33abandoned or the anticipated location of the highway changed, the recipient shall sell must |
---|
| 2715 | + | 81Article 2 Sec. 33. |
---|
| 2716 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 82.1dispose of the property at market value in accordance with the council's procedures required |
---|
| 2717 | + | 82.2for the disposition for disposing of the property. All rents and other money received because |
---|
| 2718 | + | 82.3of the recipient's ownership of the property and all proceeds from the conveyance or sale |
---|
| 2719 | + | 82.4of the property shall must be paid to the council. If a recipient is not permitted to include |
---|
| 2720 | + | 82.5in the conveyance price the cost of preparing environmental documents that were required |
---|
| 2721 | + | 82.6for the acquisition, then the recipient is not required to repay the council an amount equal |
---|
| 2722 | + | 82.7to 40 percent of the money received from the loan fund and spent in preparing the |
---|
| 2723 | + | 82.8environmental documents. |
---|
| 2724 | + | 82.9 (g) For park conversions, upon approval of a boundary change to the regional recreation |
---|
| 2725 | + | 82.10open space system, as evidenced by the council's approval of the master plan or plan |
---|
| 2726 | + | 82.11amendment to make the boundary change under section 473.313, the loan recipient must |
---|
| 2727 | + | 82.12dispose of the property according to the council's procedures for disposing of the property. |
---|
| 2728 | + | 82.13Any remaining balance of unspent rents and other money received because of the recipient's |
---|
| 2729 | + | 82.14ownership of the property and all proceeds from the conveyance or sale of the property |
---|
| 2730 | + | 82.15must be paid to the council. |
---|
| 2731 | + | 82.16 (e) (h) The proceeds of the tax authorized by subdivision 3, all money paid to the council |
---|
| 2732 | + | 82.17by recipients of loans, and all interest on the proceeds and payments shall must be maintained |
---|
| 2733 | + | 82.18as a separate fund. For administration of the loan program, the council may expend from |
---|
| 2734 | + | 82.19the fund each year an amount no greater than three percent of the amount of the proceeds |
---|
| 2735 | + | 82.20for that year. |
---|
| 2736 | + | 82.21 Subd. 2a.Loans for homestead acquisition and relocation.(a) The council may make |
---|
| 2737 | + | 82.22loans to acquiring authorities within the metropolitan area to purchase homestead property |
---|
| 2738 | + | 82.23for regional recreation open space system purposes according to section 473.351, subdivision |
---|
| 2739 | + | 82.241, paragraph (d), that are approved by the council according to sections 473.147 and 473.313; |
---|
| 2740 | + | 82.25to purchase homestead property located in a proposed state trunk highway right-of-way or |
---|
| 2741 | + | 82.26project,; and to provide relocation assistance. Acquiring authorities are authorized to accept |
---|
| 2742 | + | 82.27the loans and to acquire the property. Except as provided in this subdivision, the loans shall |
---|
| 2743 | + | 82.28must be made as provided in subdivision 2. Loans shall must be in the amount of the fair |
---|
| 2744 | + | 82.29market value of the homestead property plus relocation costs and less salvage value. Before |
---|
| 2745 | + | 82.30construction of the a highway begins, the acquiring authority shall convey the property to |
---|
| 2746 | + | 82.31the commissioner of transportation at the same price it paid, plus relocation costs and less |
---|
| 2747 | + | 82.32its salvage value. Acquisition and assistance under this subdivision must conform to sections |
---|
| 2748 | + | 82.33117.50 to 117.56. |
---|
| 2749 | + | 82.34 (b) The council may make loans for highway purposes only when: |
---|
| 2750 | + | 82Article 2 Sec. 33. |
---|
| 2751 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 83.1 (1) the owner of affected homestead property requests acquisition and relocation |
---|
| 2752 | + | 83.2assistance from an acquiring authority; |
---|
| 2753 | + | 83.3 (2) federal or state financial participation is not available; |
---|
| 2754 | + | 83.4 (3) the owner is unable to sell the homestead property at its appraised market value |
---|
| 2755 | + | 83.5because the property is located in a proposed state trunk highway right-of-way or project |
---|
| 2756 | + | 83.6as indicated on an official map or plat adopted under section 160.085, 394.361, or 462.359; |
---|
| 2757 | + | 83.7and |
---|
| 2758 | + | 83.8 (4) the council agrees to and approves the fair market value of the homestead property, |
---|
| 2759 | + | 83.9which approval shall must not be unreasonably withheld. |
---|
| 2760 | + | 83.10 (c) The council may make loans for regional recreation open space system purposes |
---|
| 2761 | + | 83.11only when: |
---|
| 2762 | + | 83.12 (1) the owner of affected homestead property requests acquisition and relocation |
---|
| 2763 | + | 83.13assistance from an implementing agency; |
---|
| 2764 | + | 83.14 (2) funding from other sources is not available; |
---|
| 2765 | + | 83.15 (3) property acquisition is in accordance with the council's policy plan and the |
---|
| 2766 | + | 83.16implementing agency's master plan approved by the council according to section 473.313; |
---|
| 2767 | + | 83.17and |
---|
| 2768 | + | 83.18 (4) the council agrees to and approves the fair market value of the homestead property, |
---|
| 2769 | + | 83.19which approval must not be unreasonably withheld. |
---|
| 2770 | + | 83.20 (c) (d) For purposes of this subdivision, the following terms have the meanings given |
---|
| 2771 | + | 83.21them. |
---|
| 2772 | + | 83.22 (1) "Acquiring authority" means counties, towns, and statutory and home rule charter |
---|
| 2773 | + | 83.23cities in the metropolitan area and implementing agencies as defined in section 473.351, |
---|
| 2774 | + | 83.24subdivision 1, paragraph (a). |
---|
| 2775 | + | 83.25 (2) "Homestead property" means: (i) a single-family dwelling occupied by the owner, |
---|
| 2776 | + | 83.26and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home, |
---|
| 2777 | + | 83.27as defined in section 327B.01, subdivision 13. |
---|
| 2778 | + | 83.28 (3) "Salvage value" means the probable sale price of the dwelling and other property |
---|
| 2779 | + | 83.29that is severable from the land if offered for sale on the condition that it be removed from |
---|
| 2780 | + | 83.30the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge |
---|
| 2781 | + | 83.31of the possible uses of the property, including separate use of serviceable components and |
---|
| 2782 | + | 83.32scrap when there is no other reasonable prospect of sale. |
---|
| 2783 | + | 83Article 2 Sec. 33. |
---|
| 2784 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 84.1 Subd. 3.Tax.The council may levy a tax on all taxable property in the metropolitan |
---|
| 2785 | + | 84.2area, as defined in section 473.121, to provide funds for loans made pursuant to subdivisions |
---|
| 2786 | + | 84.32 and 2a. This tax for the right-of-way acquisition loan fund shall must be certified by the |
---|
| 2787 | + | 84.4council, levied, and collected in the manner provided by section 473.13. The tax shall be is |
---|
| 2788 | + | 84.5in addition to that authorized by section 473.249 and any other law and shall does not affect |
---|
| 2789 | + | 84.6the amount or rate of taxes which that may be levied by the council or any metropolitan |
---|
| 2790 | + | 84.7agency or local governmental unit. The amount of the levy shall be is as determined and |
---|
| 2791 | + | 84.8certified by the council, provided that the tax levied by the Metropolitan Council for the |
---|
| 2792 | + | 84.9right-of-way acquisition loan fund shall not exceed $2,828,379 for taxes payable in 2004 |
---|
| 2793 | + | 84.10and $2,828,379 for taxes payable in 2005. The amount of the levy for taxes payable in 2006 |
---|
| 2794 | + | 84.11and subsequent years shall must not exceed the product of (1) the Metropolitan Council's |
---|
| 2795 | + | 84.12property tax levy limitation under this subdivision for the previous year, multiplied by (2) |
---|
| 2796 | + | 84.13one plus a percentage equal to the growth in the implicit price deflator as defined in section |
---|
| 2797 | + | 84.14275.70, subdivision 2. |
---|
| 2798 | + | 84.15 Subd. 4.State review.The commissioner of revenue shall must certify the council's |
---|
| 2799 | + | 84.16levy limitation under this section to the council by August 1 of the levy year. The council |
---|
| 2800 | + | 84.17must certify its proposed property tax levy to the commissioner of revenue by September |
---|
| 2801 | + | 84.181 of the levy year. The commissioner of revenue shall must annually determine whether the |
---|
| 2802 | + | 84.19property tax for the right-of-way acquisition loan fund certified by the Metropolitan Council |
---|
| 2803 | + | 84.20for levy following the adoption of its proposed budget is within the levy limitation imposed |
---|
| 2804 | + | 84.21by this section. The determination must be completed prior to September 10 of each year. |
---|
| 2805 | + | 84.22If current information regarding market valuation in any county is not transmitted to the |
---|
| 2806 | + | 84.23commissioner in a timely manner, the commissioner may estimate the current market |
---|
| 2807 | + | 84.24valuation within that county for purposes of making the calculation. |
---|
| 2808 | + | 84.25 Subd. 6.Council procedures.The council must develop procedures for implementing |
---|
| 2809 | + | 84.26this section, including but not limited to uses of funds, property disposition, repayment, and |
---|
| 2810 | + | 84.27other loan terms. |
---|
| 2811 | + | 84.28 EFFECTIVE DATE; APPLICABILITY.This act is effective July 1, 2025, and applies |
---|
| 2812 | + | 84.29in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. |
---|
| 2813 | + | 84.30Sec. 34. Minnesota Statutes 2024, section 473.355, subdivision 2, is amended to read: |
---|
| 2814 | + | 84.31 Subd. 2.Grants.(a) The Metropolitan Council must establish a grant program to provide |
---|
| 2815 | + | 84.32grants to cities, counties, townships, Tribal governments, and implementing agencies for |
---|
| 2816 | + | 84.33the following purposes: |
---|
| 2817 | + | 84.34 (1) removing and planting shade trees on public land to provide environmental benefits; |
---|
| 2818 | + | 84Article 2 Sec. 34. |
---|
| 2819 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 85.1 (2) replacing trees lost to forest pests, disease, or storms; and |
---|
| 2820 | + | 85.2 (3) establishing a more diverse community forest better able to withstand disease and |
---|
| 2821 | + | 85.3forest pests. |
---|
| 2822 | + | 85.4 (b) Any tree planted with money granted under this section must be a climate-adapted |
---|
| 2823 | + | 85.5species to Minnesota. |
---|
| 2824 | + | 85.6 Sec. 35. Minnesota Statutes 2024, section 473.5491, subdivision 1, is amended to read: |
---|
| 2825 | + | 85.7 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
---|
| 2826 | + | 85.8the meanings given. |
---|
| 2827 | + | 85.9 (b) "Affordability criteria" means an inflow and infiltration project service area that is |
---|
| 2828 | + | 85.10located, in whole or in part, in a census tract where at least three of the following apply as |
---|
| 2829 | + | 85.11determined using the most recently published data from the United States Census Bureau |
---|
| 2830 | + | 85.12or United States Centers for Disease Control and Prevention: where any part of the |
---|
| 2831 | + | 85.13construction location falls within a census tract with a supplemental demographic index |
---|
| 2832 | + | 85.14score in the 70th percentile or higher within the state. |
---|
| 2833 | + | 85.15 (1) 20 percent or more of the residents have income below the federal poverty thresholds; |
---|
| 2834 | + | 85.16 (2) the tract has a United States Centers for Disease Control and Prevention Social |
---|
| 2835 | + | 85.17Vulnerability Index greater than 0.80; |
---|
| 2836 | + | 85.18 (3) the upper limit of the lowest quintile of household income is less than the state upper |
---|
| 2837 | + | 85.19limit of the lowest quintile; |
---|
| 2838 | + | 85.20 (4) the housing vacancy rate is greater than the state average; or |
---|
| 2839 | + | 85.21 (5) the percent of the population receiving Supplemental Nutrition Assistance Program |
---|
| 2840 | + | 85.22(SNAP) benefits is greater than the state average. |
---|
| 2841 | + | 85.23 (c) "Supplemental demographic index" means an index in the Environmental Justice |
---|
| 2842 | + | 85.24Screening and Mapping Tool developed by the United States Environmental Protection |
---|
| 2843 | + | 85.25Agency that is based on socioeconomic indicators, including low income, unemployment, |
---|
| 2844 | + | 85.26less than high school education, limited English speaking, and low life expectancy. |
---|
| 2845 | + | 85.27 (c) (d) "City" means a statutory or home rule charter city located within the metropolitan |
---|
| 2846 | + | 85.28area. |
---|
| 2847 | + | 85.29Sec. 36. Laws 2023, chapter 60, article 1, section 2, subdivision 2, is amended to read: |
---|
| 2848 | + | 72,785,00079,311,00085.30Subd. 2.Environmental Analysis and Outcomes |
---|
| 2849 | + | 85Article 2 Sec. 36. |
---|
| 2850 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 86.1 Appropriations by Fund |
---|
| 2851 | + | 202586.2 2024 |
---|
| 2852 | + | 53,047,00060,103,00086.3General |
---|
| 2853 | + | 19,533,00018,959,00086.4Environmental |
---|
| 2854 | + | 205,000249,00086.5Remediation |
---|
| 2855 | + | 86.6(a) $122,000 the first year and $125,000 the |
---|
| 2856 | + | 86.7second year are from the general fund for: |
---|
| 2857 | + | 86.8(1) a municipal liaison to assist municipalities |
---|
| 2858 | + | 86.9in implementing and participating in the |
---|
| 2859 | + | 86.10rulemaking process for water quality standards |
---|
| 2860 | + | 86.11and navigating the NPDES/SDS permitting |
---|
| 2861 | + | 86.12process; |
---|
| 2862 | + | 86.13(2) enhanced economic analysis in the |
---|
| 2863 | + | 86.14rulemaking process for water quality |
---|
| 2864 | + | 86.15standards, including more-specific analysis |
---|
| 2865 | + | 86.16and identification of cost-effective permitting; |
---|
| 2866 | + | 86.17(3) developing statewide economic analyses |
---|
| 2867 | + | 86.18and templates to reduce the amount of |
---|
| 2868 | + | 86.19information and time required for |
---|
| 2869 | + | 86.20municipalities to apply for variances from |
---|
| 2870 | + | 86.21water quality standards; and |
---|
| 2871 | + | 86.22(4) coordinating with the Public Facilities |
---|
| 2872 | + | 86.23Authority to identify and advocate for the |
---|
| 2873 | + | 86.24resources needed for urban, suburban, and |
---|
| 2874 | + | 86.25Greater Minnesota municipalities to achieve |
---|
| 2875 | + | 86.26permit requirements. |
---|
| 2876 | + | 86.27(b) $216,000 the first year and $219,000 the |
---|
| 2877 | + | 86.28second year are from the environmental fund |
---|
| 2878 | + | 86.29for a monitoring program under Minnesota |
---|
| 2879 | + | 86.30Statutes, section 116.454. |
---|
| 2880 | + | 86.31(c) $132,000 the first year and $137,000 the |
---|
| 2881 | + | 86.32second year are for monitoring water quality |
---|
| 2882 | + | 86.33and operating assistance programs. |
---|
| 2883 | + | 86Article 2 Sec. 36. |
---|
| 2884 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 87.1(d) $390,000 the first year and $399,000 the |
---|
| 2885 | + | 87.2second year are from the environmental fund |
---|
| 2886 | + | 87.3for monitoring ambient air for hazardous |
---|
| 2887 | + | 87.4pollutants. |
---|
| 2888 | + | 87.5(e) $106,000 the first year and $109,000 the |
---|
| 2889 | + | 87.6second year are from the environmental fund |
---|
| 2890 | + | 87.7for duties related to harmful chemicals in |
---|
| 2891 | + | 87.8children's products under Minnesota Statutes, |
---|
| 2892 | + | 87.9sections 116.9401 to 116.9407. Of this |
---|
| 2893 | + | 87.10amount, $68,000 the first year and $70,000 |
---|
| 2894 | + | 87.11the second year are transferred to the |
---|
| 2895 | + | 87.12commissioner of health. |
---|
| 2896 | + | 87.13(f) $128,000 the first year and $132,000 the |
---|
| 2897 | + | 87.14second year are from the environmental fund |
---|
| 2898 | + | 87.15for registering wastewater laboratories. |
---|
| 2899 | + | 87.16(g) $1,492,000 the first year and $1,519,000 |
---|
| 2900 | + | 87.17the second year are from the environmental |
---|
| 2901 | + | 87.18fund to continue perfluorochemical |
---|
| 2902 | + | 87.19biomonitoring in eastern metropolitan |
---|
| 2903 | + | 87.20communities, as recommended by the |
---|
| 2904 | + | 87.21Environmental Health Tracking and |
---|
| 2905 | + | 87.22Biomonitoring Advisory Panel, and to address |
---|
| 2906 | + | 87.23other environmental health risks, including air |
---|
| 2907 | + | 87.24quality. The communities must include Hmong |
---|
| 2908 | + | 87.25and other immigrant farming communities. |
---|
| 2909 | + | 87.26Of this amount, up to $1,226,000 the first year |
---|
| 2910 | + | 87.27and $1,248,000 the second year are for transfer |
---|
| 2911 | + | 87.28to the commissioner of health. |
---|
| 2912 | + | 87.29(h) $61,000 the first year and $62,000 the |
---|
| 2913 | + | 87.30second year are from the environmental fund |
---|
| 2914 | + | 87.31for the listing procedures for impaired waters |
---|
| 2915 | + | 87.32required under this act. |
---|
| 2916 | + | 87.33(i) $72,000 the first year and $74,000 the |
---|
| 2917 | + | 87.34second year are from the remediation fund for |
---|
| 2918 | + | 87Article 2 Sec. 36. |
---|
| 2919 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 88.1the leaking underground storage tank program |
---|
| 2920 | + | 88.2to investigate, clean up, and prevent future |
---|
| 2921 | + | 88.3releases from underground petroleum storage |
---|
| 2922 | + | 88.4tanks and for the petroleum remediation |
---|
| 2923 | + | 88.5program for vapor assessment and |
---|
| 2924 | + | 88.6remediation. These same annual amounts are |
---|
| 2925 | + | 88.7transferred from the petroleum tank fund to |
---|
| 2926 | + | 88.8the remediation fund. |
---|
| 2927 | + | 88.9(j) $500,000 the first year is to facilitate the |
---|
| 2928 | + | 88.10collaboration and modeling of greenhouse gas |
---|
| 2929 | + | 88.11impacts, costs, and benefits of strategies to |
---|
| 2930 | + | 88.12reduce statewide greenhouse gas emissions. |
---|
| 2931 | + | 88.13This is a onetime appropriation. |
---|
| 2932 | + | 88.14(k) $50,266,000 the first year and $50,270,000 |
---|
| 2933 | + | 88.15the second year are to establish and implement |
---|
| 2934 | + | 88.16a local government climate resiliency and |
---|
| 2935 | + | 88.17water infrastructure grant program for local |
---|
| 2936 | + | 88.18governmental units and Tribal governments. |
---|
| 2937 | + | 88.19Of this amount, $49,100,000 each year is for |
---|
| 2938 | + | 88.20grants to support communities in planning and |
---|
| 2939 | + | 88.21implementing projects that will allow for |
---|
| 2940 | + | 88.22adaptation for a changing climate. At least 40 |
---|
| 2941 | + | 88.23percent of the money granted under this |
---|
| 2942 | + | 88.24paragraph must be for projects in areas that |
---|
| 2943 | + | 88.25meet environmental justice criteria. By |
---|
| 2944 | + | 88.26December 30, 2027, the commissioner must |
---|
| 2945 | + | 88.27submit a report on the use of grant money to |
---|
| 2946 | + | 88.28the chairs and ranking minority members of |
---|
| 2947 | + | 88.29the legislative committees with jurisdiction |
---|
| 2948 | + | 88.30over environment and natural resources |
---|
| 2949 | + | 88.31finance. This appropriation is available until |
---|
| 2950 | + | 88.32June 30, 2027. The base for this appropriation |
---|
| 2951 | + | 88.33in fiscal year 2026 and beyond is $270,000. |
---|
| 2952 | + | 88Article 2 Sec. 36. |
---|
| 2953 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 89.1(l) $75,000 the first year is for a grant to the |
---|
| 2954 | + | 89.2city of Fergus Falls to address water-quality |
---|
| 2955 | + | 89.3concerns at Lake Alice. |
---|
| 2956 | + | 89.4(m) $150,000 the first year is for a grant to |
---|
| 2957 | + | 89.5Rice County to address water-quality concerns |
---|
| 2958 | + | 89.6at French Lake. |
---|
| 2959 | + | 89.7(n) $75,000 the first year is for a grant to |
---|
| 2960 | + | 89.8Ramsey County to address water-quality |
---|
| 2961 | + | 89.9concerns at Round Lake. |
---|
| 2962 | + | 89.10(o) Recipients of money appropriated in |
---|
| 2963 | + | 89.11paragraphs (l), (m), and (n) may use the grants |
---|
| 2964 | + | 89.12to contract for water-quality improvement |
---|
| 2965 | + | 89.13services, testing, necessary infrastructure, |
---|
| 2966 | + | 89.14training, and maintenance. |
---|
| 2967 | + | 89.15(p) $2,070,000 the first year and $2,070,000 |
---|
| 2968 | + | 89.16the second year are from the environmental |
---|
| 2969 | + | 89.17fund to develop and implement a program |
---|
| 2970 | + | 89.18related to emerging issues, including |
---|
| 2971 | + | 89.19Minnesota's PFAS Blueprint. |
---|
| 2972 | + | 89.20(q) $1,820,000 the first year and $1,820,000 |
---|
| 2973 | + | 89.21the second year are from the environmental |
---|
| 2974 | + | 89.22fund to support improved management of data |
---|
| 2975 | + | 89.23collected by the agency and its partners and |
---|
| 2976 | + | 89.24regulated parties to facilitate decision-making |
---|
| 2977 | + | 89.25and public access. |
---|
| 2978 | + | 89.26(r) $500,000 the first year is from the general |
---|
| 2979 | + | 89.27fund for the report on firefighter turnout gear |
---|
| 2980 | + | 89.28and biomonitoring required under this act. Of |
---|
| 2981 | + | 89.29this amount, up to $250,000 $425,000 may be |
---|
| 2982 | + | 89.30transferred to the commissioner of health for |
---|
| 2983 | + | 89.31biomonitoring of firefighters. This |
---|
| 2984 | + | 89.32appropriation is available until June 30, 2027. |
---|
| 2985 | + | 89.33(s) $500,000 the first year is to develop |
---|
| 2986 | + | 89.34protocols to be used by agencies and |
---|
| 2987 | + | 89Article 2 Sec. 36. |
---|
| 2988 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 90.1departments for sampling and testing |
---|
| 2989 | + | 90.2groundwater, surface water, public drinking |
---|
| 2990 | + | 90.3water, and private wells for microplastics and |
---|
| 2991 | + | 90.4nanoplastics and to begin implementation. The |
---|
| 2992 | + | 90.5commissioner of the Pollution Control Agency |
---|
| 2993 | + | 90.6may transfer money appropriated under this |
---|
| 2994 | + | 90.7paragraph to the commissioners of agriculture, |
---|
| 2995 | + | 90.8natural resources, and health to implement the |
---|
| 2996 | + | 90.9protocols developed. This is a onetime |
---|
| 2997 | + | 90.10appropriation and is available until June 30, |
---|
| 2998 | + | 90.112025. |
---|
| 2999 | + | 90.12(t) $50,000 the first year is from the |
---|
| 3000 | + | 90.13remediation fund for the work group on PFAS |
---|
| 3001 | + | 90.14manufacturer fees and report required under |
---|
| 3002 | + | 90.15this act. |
---|
| 3003 | + | 90.16(u) $387,000 the first year and $90,000 the |
---|
| 3004 | + | 90.17second year are to develop and implement the |
---|
| 3005 | + | 90.18requirements for fish kills under Minnesota |
---|
| 3006 | + | 90.19Statutes, sections 103G.216 and 103G.2165. |
---|
| 3007 | + | 90.20Of this amount, up to $331,000 the first year |
---|
| 3008 | + | 90.21and $90,000 the second year may be |
---|
| 3009 | + | 90.22transferred to the commissioners of health, |
---|
| 3010 | + | 90.23natural resources, agriculture, and public |
---|
| 3011 | + | 90.24safety and to the Board of Regents of the |
---|
| 3012 | + | 90.25University of Minnesota as necessary to |
---|
| 3013 | + | 90.26implement those sections. The base for this |
---|
| 3014 | + | 90.27appropriation for fiscal year 2026 and beyond |
---|
| 3015 | + | 90.28is $7,000. |
---|
| 3016 | + | 90.29(v) $63,000 the first year and $92,000 the |
---|
| 3017 | + | 90.30second year are for transfer to the |
---|
| 3018 | + | 90.31commissioner of health for amending the |
---|
| 3019 | + | 90.32health risk limit for PFOS. This is a onetime |
---|
| 3020 | + | 90.33appropriation and is available until June 30, |
---|
| 3021 | + | 90.342026. |
---|
| 3022 | + | 90Article 2 Sec. 36. |
---|
| 3023 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 91.1(w) $5,000,000 the first year is for community |
---|
| 3024 | + | 91.2air-monitoring grants as provided in this act. |
---|
| 3025 | + | 91.3This is a onetime appropriation and is |
---|
| 3026 | + | 91.4available until June 30, 2027. |
---|
| 3027 | + | 91.5(x) $2,333,000 the first year and $2,333,000 |
---|
| 3028 | + | 91.6the second year are to adopt rules and |
---|
| 3029 | + | 91.7implement air toxics emissions requirements |
---|
| 3030 | + | 91.8under Minnesota Statutes, section 116.062. |
---|
| 3031 | + | 91.9The general fund appropriations are onetime |
---|
| 3032 | + | 91.10and are available until June 30, 2027. The base |
---|
| 3033 | + | 91.11for this appropriation is $0 in fiscal year 2026 |
---|
| 3034 | + | 91.12and $1,400,000 from the environmental fund |
---|
| 3035 | + | 91.13in fiscal year 2027 and beyond. |
---|
| 3036 | + | 91.14 EFFECTIVE DATE.This section is effective retroactively from July 1, 2023. |
---|
| 3037 | + | 91.15Sec. 37. Laws 2023, chapter 60, article 1, section 2, subdivision 7, is amended to read: |
---|
| 3038 | + | 57,974,00082,000,00091.16Subd. 7.Resource Management and Assistance |
---|
| 3039 | + | 91.17 Appropriations by Fund |
---|
| 3040 | + | 202591.18 2024 |
---|
| 3041 | + | 13,850,00038,464,00091.19General |
---|
| 3042 | + | 44,124,00043,536,00091.20Environmental |
---|
| 3043 | + | 91.21(a) Up to $150,000 the first year and $150,000 |
---|
| 3044 | + | 91.22the second year may be transferred from the |
---|
| 3045 | + | 91.23environmental fund to the small business |
---|
| 3046 | + | 91.24environmental improvement loan account |
---|
| 3047 | + | 91.25under Minnesota Statutes, section 116.993. |
---|
| 3048 | + | 91.26(b) $1,000,000 the first year and $1,000,000 |
---|
| 3049 | + | 91.27the second year are for competitive recycling |
---|
| 3050 | + | 91.28grants under Minnesota Statutes, section |
---|
| 3051 | + | 91.29115A.565. Of this amount, $300,000 the first |
---|
| 3052 | + | 91.30year and $300,000 the second year are from |
---|
| 3053 | + | 91.31the general fund, and $700,000 the first year |
---|
| 3054 | + | 91.32and $700,000 the second year are from the |
---|
| 3055 | + | 91Article 2 Sec. 37. |
---|
| 3056 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 92.1environmental fund. This appropriation is |
---|
| 3057 | + | 92.2available until June 30, 2027. |
---|
| 3058 | + | 92.3(c) $694,000 the first year and $694,000 the |
---|
| 3059 | + | 92.4second year are from the environmental fund |
---|
| 3060 | + | 92.5for emission-reduction activities and grants to |
---|
| 3061 | + | 92.6small businesses and other |
---|
| 3062 | + | 92.7nonpoint-emission-reduction efforts. Of this |
---|
| 3063 | + | 92.8amount, $100,000 the first year and $100,000 |
---|
| 3064 | + | 92.9the second year are to continue work with |
---|
| 3065 | + | 92.10Clean Air Minnesota, and the commissioner |
---|
| 3066 | + | 92.11may enter into an agreement with |
---|
| 3067 | + | 92.12Environmental Initiative to support this effort. |
---|
| 3068 | + | 92.13(d) $18,450,000 the first year and $18,450,000 |
---|
| 3069 | + | 92.14the second year are from the environmental |
---|
| 3070 | + | 92.15fund for SCORE block grants to counties. |
---|
| 3071 | + | 92.16(e) $119,000 the first year and $119,000 the |
---|
| 3072 | + | 92.17second year are from the environmental fund |
---|
| 3073 | + | 92.18for environmental assistance grants or loans |
---|
| 3074 | + | 92.19under Minnesota Statutes, section 115A.0716. |
---|
| 3075 | + | 92.20(f) $400,000 the first year and $400,000 the |
---|
| 3076 | + | 92.21second year are from the environmental fund |
---|
| 3077 | + | 92.22for grants to develop and expand recycling |
---|
| 3078 | + | 92.23markets for Minnesota businesses. This |
---|
| 3079 | + | 92.24appropriation is available until June 30, 2027. |
---|
| 3080 | + | 92.25(g) $767,000 the first year and $770,000 the |
---|
| 3081 | + | 92.26second year are from the environmental fund |
---|
| 3082 | + | 92.27for reducing and diverting food waste, |
---|
| 3083 | + | 92.28redirecting edible food for consumption, and |
---|
| 3084 | + | 92.29removing barriers to collecting and recovering |
---|
| 3085 | + | 92.30organic waste. Of this amount, $500,000 each |
---|
| 3086 | + | 92.31year is for grants to increase food rescue and |
---|
| 3087 | + | 92.32waste prevention. This appropriation is |
---|
| 3088 | + | 92.33available until June 30, 2027. |
---|
| 3089 | + | 92Article 2 Sec. 37. |
---|
| 3090 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 93.1(h) $2,797,000 the first year and $2,811,000 |
---|
| 3091 | + | 93.2the second year are from the environmental |
---|
| 3092 | + | 93.3fund for the purposes of Minnesota Statutes, |
---|
| 3093 | + | 93.4section 473.844. |
---|
| 3094 | + | 93.5(i) $318,000 the first year and $324,000 the |
---|
| 3095 | + | 93.6second year are from the environmental fund |
---|
| 3096 | + | 93.7to address chemicals in products, including to |
---|
| 3097 | + | 93.8implement and enforce flame retardant |
---|
| 3098 | + | 93.9provisions under Minnesota Statutes, section |
---|
| 3099 | + | 93.10325F.071, and perfluoroalkyl and |
---|
| 3100 | + | 93.11polyfluoroalkyl substances in food packaging |
---|
| 3101 | + | 93.12provisions under Minnesota Statutes, section |
---|
| 3102 | + | 93.13325F.075. Of this amount, $78,000 the first |
---|
| 3103 | + | 93.14year and $80,000 the second year are |
---|
| 3104 | + | 93.15transferred to the commissioner of health. |
---|
| 3105 | + | 93.16(j) $180,000 the first year and $140,000 the |
---|
| 3106 | + | 93.17second year are for quantifying climate-related |
---|
| 3107 | + | 93.18impacts from projects for environmental |
---|
| 3108 | + | 93.19review. This is a onetime appropriation. This |
---|
| 3109 | + | 93.20appropriation is available until June 30, 2026. |
---|
| 3110 | + | 93.21(k) $1,790,000 the first year and $70,000 the |
---|
| 3111 | + | 93.22second year are for accelerating pollution |
---|
| 3112 | + | 93.23prevention at small businesses. Of this amount, |
---|
| 3113 | + | 93.24$1,720,000 the first year is for transfer to the |
---|
| 3114 | + | 93.25environmental fund for zero-interest loans |
---|
| 3115 | + | 93.26under Minnesota Statutes, section 116.993, to |
---|
| 3116 | + | 93.27phase out high-polluting equipment, products, |
---|
| 3117 | + | 93.28and processes and replace with new options. |
---|
| 3118 | + | 93.29This appropriation is available until June 30, |
---|
| 3119 | + | 93.302027. This is a onetime appropriation. |
---|
| 3120 | + | 93.31(l) $190,000 the first year and $190,000 the |
---|
| 3121 | + | 93.32second year are to support the Greenstep Cities |
---|
| 3122 | + | 93.33program. This is a onetime appropriation. This |
---|
| 3123 | + | 93.34appropriation is available until June 30, 2026. |
---|
| 3124 | + | 93Article 2 Sec. 37. |
---|
| 3125 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 94.1(m) $420,000 the first year is to complete a |
---|
| 3126 | + | 94.2study on the viability of recycling solar energy |
---|
| 3127 | + | 94.3equipment. This is a onetime appropriation |
---|
| 3128 | + | 94.4and is available until June 30, 2026. |
---|
| 3129 | + | 94.5(n) $650,000 the first year and $650,000 the |
---|
| 3130 | + | 94.6second year are from the environmental fund |
---|
| 3131 | + | 94.7for Minnesota GreenCorps investment. |
---|
| 3132 | + | 94.8(o) $4,210,000 the first year and $210,000 the |
---|
| 3133 | + | 94.9second year are for PFAS reduction grants. |
---|
| 3134 | + | 94.10Of this amount, $4,000,000 the first year is |
---|
| 3135 | + | 94.11for grants to industry and public entities to |
---|
| 3136 | + | 94.12identify sources of PFAS entering facilities |
---|
| 3137 | + | 94.13and to develop pollution prevention and |
---|
| 3138 | + | 94.14reduction initiatives to reduce PFAS entering |
---|
| 3139 | + | 94.15facilities, prevent releases, and monitor the |
---|
| 3140 | + | 94.16effectiveness of these projects. Priority must |
---|
| 3141 | + | 94.17be given to projects in underserved |
---|
| 3142 | + | 94.18communities. This is a onetime appropriation |
---|
| 3143 | + | 94.19and is available until June 30, 2027. |
---|
| 3144 | + | 94.20(p) $12,940,000 the first year and $12,940,000 |
---|
| 3145 | + | 94.21the second year are for a waste prevention and |
---|
| 3146 | + | 94.22reduction grants and loan program. This is a |
---|
| 3147 | + | 94.23onetime appropriation and is available until |
---|
| 3148 | + | 94.24June 30, 2027. Of this amount in the first year, |
---|
| 3149 | + | 94.25$7,950,000 is for waste prevention and |
---|
| 3150 | + | 94.26reduction grants and loans and $3,000,000 is |
---|
| 3151 | + | 94.27for a grant to the owner of a biomass energy |
---|
| 3152 | + | 94.28generation plant in Shakopee that uses waste |
---|
| 3153 | + | 94.29heat from the generation of electricity in the |
---|
| 3154 | + | 94.30malting process to purchase a wood dehydrator |
---|
| 3155 | + | 94.31to facilitate disposal of wood that is infested |
---|
| 3156 | + | 94.32by the emerald ash borer. Of this amount in |
---|
| 3157 | + | 94.33the second year, $10,950,000 is for waste |
---|
| 3158 | + | 94.34prevention and reduction grants and loans, |
---|
| 3159 | + | 94.35including $1,000,000 for transfer to the |
---|
| 3160 | + | 94Article 2 Sec. 37. |
---|
| 3161 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 95.1environmental fund for the purposes of |
---|
| 3162 | + | 95.2Minnesota Statutes, section 115A.0716. By |
---|
| 3163 | + | 95.3October 1, 2024, the commissioner of the |
---|
| 3164 | + | 95.4Pollution Control Agency must report to the |
---|
| 3165 | + | 95.5chairs and ranking minority members of the |
---|
| 3166 | + | 95.6legislative committees and divisions with |
---|
| 3167 | + | 95.7jurisdiction over environment and natural |
---|
| 3168 | + | 95.8resources on the use of money appropriated |
---|
| 3169 | + | 95.9for the wood dehydrator under this paragraph. |
---|
| 3170 | + | 95.10(q) $16,562,000 the first year is for grants to |
---|
| 3171 | + | 95.11a Minnesota nonprofit corporation that owns |
---|
| 3172 | + | 95.12a cogeneration facility that serves a St. Paul |
---|
| 3173 | + | 95.13district heating and cooling system to preserve |
---|
| 3174 | + | 95.14existing biomass energy infrastructure for |
---|
| 3175 | + | 95.15purposes of local and regional emerald ash |
---|
| 3176 | + | 95.16borer response efforts. The commissioner of |
---|
| 3177 | + | 95.17the Pollution Control Agency may require the |
---|
| 3178 | + | 95.18nonprofit corporation to charge a fee per ton |
---|
| 3179 | + | 95.19of wood waste delivered to the facility. This |
---|
| 3180 | + | 95.20is a onetime appropriation and is available |
---|
| 3181 | + | 95.21until June 30, 2030. |
---|
| 3182 | + | 95.22(r) $1,163,000 the first year and $1,115,000 |
---|
| 3183 | + | 95.23the second year are from the environmental |
---|
| 3184 | + | 95.24fund for rulemaking and implementation of |
---|
| 3185 | + | 95.25the new PFAS requirements under Minnesota |
---|
| 3186 | + | 95.26Statutes, section 116.943. Of this amount, |
---|
| 3187 | + | 95.27$312,000 the first year and $468,000 the |
---|
| 3188 | + | 95.28second year are for transfer to the |
---|
| 3189 | + | 95.29commissioner of health. |
---|
| 3190 | + | 95.30(s) $680,000 the first year is for the resource |
---|
| 3191 | + | 95.31management report required in this act. This |
---|
| 3192 | + | 95.32is a onetime appropriation and is available |
---|
| 3193 | + | 95.33until June 30, 2026. |
---|
| 3194 | + | 95.34(t) $35,000 the second year is from the |
---|
| 3195 | + | 95.35environmental fund for the compostable |
---|
| 3196 | + | 95Article 2 Sec. 37. |
---|
| 3197 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 96.1labeling requirements under Minnesota |
---|
| 3198 | + | 96.2Statutes, section 325E.046. The base for this |
---|
| 3199 | + | 96.3appropriation in fiscal year 2026 and beyond |
---|
| 3200 | + | 96.4is $68,000 from the environmental fund. |
---|
| 3201 | + | 96.5(u) $175,000 the first year is for the |
---|
| 3202 | + | 96.6rulemaking required under this act providing |
---|
| 3203 | + | 96.7for the safe and lawful disposal of waste |
---|
| 3204 | + | 96.8treated seed. This appropriation is available |
---|
| 3205 | + | 96.9until June 30, 2025. |
---|
| 3206 | + | 96.10(v) $1,000,000 the first year is for a lead tackle |
---|
| 3207 | + | 96.11reduction program that provides outreach, |
---|
| 3208 | + | 96.12education, and opportunities to safely dispose |
---|
| 3209 | + | 96.13of and exchange lead tackle throughout the |
---|
| 3210 | + | 96.14state. This is a onetime appropriation and is |
---|
| 3211 | + | 96.15available until June 30, 2027. |
---|
| 3212 | + | 96.16(w) $17,000 the first year is for rulemaking |
---|
| 3213 | + | 96.17for the capital assistance program. This is a |
---|
| 3214 | + | 96.18onetime appropriation. |
---|
| 3215 | + | 96.19(x) Any unencumbered grant and loan |
---|
| 3216 | + | 96.20balances in the first year do not cancel but are |
---|
| 3217 | + | 96.21available for grants and loans in the second |
---|
| 3218 | + | 96.22year. Notwithstanding Minnesota Statutes, |
---|
| 3219 | + | 96.23section 16A.28, the appropriations |
---|
| 3220 | + | 96.24encumbered on or before June 30, 2025, as |
---|
| 3221 | + | 96.25contracts or grants for environmental |
---|
| 3222 | + | 96.26assistance awarded under Minnesota Statutes, |
---|
| 3223 | + | 96.27section 115A.0716; technical and research |
---|
| 3224 | + | 96.28assistance under Minnesota Statutes, section |
---|
| 3225 | + | 96.29115A.152; technical assistance under |
---|
| 3226 | + | 96.30Minnesota Statutes, section 115A.52; and |
---|
| 3227 | + | 96.31pollution prevention assistance under |
---|
| 3228 | + | 96.32Minnesota Statutes, section 115D.04, are |
---|
| 3229 | + | 96.33available until June 30, 2027. |
---|
| 3230 | + | 96.34 EFFECTIVE DATE.This section is effective retroactively from July 1, 2023. |
---|
| 3231 | + | 96Article 2 Sec. 37. |
---|
| 3232 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR 97.1 Sec. 38. REPEALER. |
---|
| 3233 | + | 97.2 Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, |
---|
| 3234 | + | 97.311, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316; |
---|
| 3235 | + | 97.4115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328; |
---|
| 3236 | + | 97.5115A.1330; 115A.9155; 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9; 115A.961, |
---|
| 3237 | + | 97.6subdivisions 1, 2, and 3; 325E.125; and 325E.1251, are repealed. |
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| 3238 | + | 97.7 EFFECTIVE DATE.This section is effective January 1, 2027. |
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| 3239 | + | 97Article 2 Sec. 38. |
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| 3240 | + | 25-02506 as introduced02/10/25 REVISOR CKM/KR Page.Ln 1.25APPROPRIATIONS...............................................................................ARTICLE 1 |
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| 3241 | + | Page.Ln 33.21ENVIRONMENT AND NATURAL RESOURCES POLICY..............ARTICLE 2 |
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