1.1 A bill for an act
1.2 relating to state government; appropriating money for environment and natural
1.3 resources; modifying fees and surcharges; modifying disposition of certain funds;
1.4 modifying permitting efficiency provisions; establishing stewardship program for
1.5 circuit boards, batteries, and electrical products; prohibiting mercury in batteries;
1.6 modifying funding considerations for water infrastructure; providing for recovery
1.7 of expenses of responding to pollutant release; modifying reimbursable costs under
1.8 Petroleum Tank Release Cleanup Act; providing for loans for regional parks and
1.9 trails projects; modifying grant programs; modifying prior appropriations; providing
1.10 civil penalties; authorizing rulemaking; amending Minnesota Statutes 2024, sections
1.11 85.055, subdivision 1; 86B.415, subdivision 7; 103G.271, subdivision 6; 103G.301,
1.12 subdivision 2; 115.01, by adding subdivisions; 115.071, subdivision 1; 115.072;
1.13 115A.121; 115A.554; 115B.421; 115C.02, subdivision 14, by adding a subdivision;
1.14 115C.09, subdivision 1; 116.03, subdivision 2b; 116.073, subdivisions 1, 2;
1.15 116.182, subdivision 5; 116.92, subdivision 6, by adding a subdivision; 168.1295,
1.16 subdivision 1; 446A.07, subdivision 8; 473.167; 473.355, subdivision 2; 473.5491,
1.17 subdivision 1; Laws 2023, chapter 60, article 1, section 2, subdivisions 2, 7;
1.18 proposing coding for new law in Minnesota Statutes, chapter 115A; repealing
1.19 Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8,
1.20 9, 10, 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, 20; 115A.1312; 115A.1314;
1.21 115A.1316; 115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324;
1.22 115A.1326; 115A.1328; 115A.1330; 115A.9155; 115A.9157, subdivisions 1, 2,
1.23 3, 5, 6, 7, 8, 9; 115A.961, subdivisions 1, 2, 3; 325E.125; 325E.1251.
1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25 ARTICLE 1
1.26 APPROPRIATIONS
1.27Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
1.28 The sums shown in the columns marked "Appropriations" are appropriated to the agencies
1.29and for the purposes specified in this article. The appropriations are from the general fund,
1.30or another named fund, and are available for the fiscal years indicated for each purpose.
1.31The figures "2026" and "2027" used in this article mean that the appropriations listed under
1Article 1 Section 1.
25-02506 as introduced02/10/25 REVISOR CKM/KR
SENATE
STATE OF MINNESOTA
S.F. No. 2077NINETY-FOURTH SESSION
(SENATE AUTHORS: HAWJ)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/03/2025
Referred to Environment, Climate, and Legacy 2.1them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
2.2"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
2.3is fiscal years 2026 and 2027.
2.4 APPROPRIATIONS
2.5 Available for the Year
2.6 Ending June 30
20272.7 2026
2.8Sec. 2. POLLUTION CONTROL AGENCY
157,369,000$151,162,000$2.9Subdivision 1.Total Appropriation
2.10 Appropriations by Fund
20272.11 2026
9,391,0009,229,0002.12General
90,00090,000
2.13State Government
2.14Special Revenue
126,047,000120,156,0002.15Environmental
21,841,00021,687,0002.16Remediation
2.17The amounts that may be spent for each
2.18purpose are specified in the following
2.19subdivisions.
2.20The commissioner must present the agency's
2.21biennial budget for fiscal years 2028 and 2029
2.22to the legislature in a transparent way by
2.23agency division, including the proposed
2.24budget bill and presentations of the budget to
2.25committees and divisions with jurisdiction
2.26over the agency's budget.
25,028,00023,079,0002.27Subd. 2.Environmental Analysis and Outcomes
2.28 Appropriations by Fund
20272.29 2026
582,000562,0002.30General
24,232,00022,303,0002.31Environmental
214,000214,0002.32Remediation
2.33(a) $128,000 the first year and $131,000 the
2.34second year are for a municipal liaison to
2Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 3.1assist municipalities with water quality
3.2standards and NPDES/SDS permitting
3.3processes, including enhanced economic
3.4analysis in the water quality standards
3.5rulemaking processes, identification of
3.6cost-effective permitting opportunities,
3.7simplifying the variance process, and
3.8coordinating with the Public Facilities
3.9Authority to identify and advocate for needed
3.10resources for municipalities to achieve permit
3.11requirements.
3.12(b) $1,182,000 the first year and $1,191,000
3.13the second year are from the environmental
3.14fund for an air-monitoring program under
3.15Minnesota Statutes, section 116.454, including
3.16ambient air for hazardous pollutants, and for
3.17operating a mobile emissions regulatory
3.18monitoring trailer.
3.19(c) $144,000 the first year and $148,000 the
3.20second year are for monitoring water quality
3.21and operating assistance programs.
3.22(d) $109,000 the first year and $109,000 the
3.23second year are from the environmental fund
3.24for duties related to harmful chemicals in
3.25children's products under Minnesota Statutes,
3.26sections 116.9401 to 116.9407. Of this
3.27amount, $70,000 the first year and $70,000
3.28the second year are transferred to the
3.29commissioner of health.
3.30(e) $137,000 the first year and $139,000 the
3.31second year are from the environmental fund
3.32for registering wastewater laboratories.
3.33(f) $1,527,000 the first year and $1,529,000
3.34the second year are from the environmental
3Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 4.1fund to continue perfluorochemical
4.2biomonitoring in eastern metropolitan
4.3communities, as recommended by the
4.4Environmental Health Tracking and
4.5Biomonitoring Advisory Panel, and to address
4.6other environmental health risks, including air
4.7quality. The communities must include Hmong
4.8and other immigrant farming communities.
4.9Of this amount, up to $1,248,000 the first year
4.10and $1,248,000 the second year are for transfer
4.11to the commissioner of health.
4.12(g) $64,000 the first year and $65,000 the
4.13second year are from the environmental fund
4.14for the listing procedures for impaired waters
4.15required under this act.
4.16(h) $74,000 the first year and $74,000 the
4.17second year are from the remediation fund for
4.18the leaking underground storage tank program
4.19to investigate, clean up, and prevent future
4.20releases from underground petroleum storage
4.21tanks and for the petroleum remediation
4.22program for vapor assessment and
4.23remediation. These same annual amounts are
4.24transferred from the petroleum tank fund to
4.25the remediation fund.
4.26(i) $283,000 the first year and $296,000 the
4.27second year are to support communities in
4.28planning to implement projects that will allow
4.29for adaptation for a changing climate.
4.30(j) $2,139,000 the first year and $2,160,000
4.31the second year are from the environmental
4.32fund to develop and implement a program
4.33related to emerging issues, including
4.34Minnesota's PFAS Blueprint.
4Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 5.1(k) $1,893,000 the first year and $1,915,000
5.2the second year are from the environmental
5.3fund to support improved management of data
5.4collected by the agency and its partners and
5.5regulated parties to facilitate decision-making
5.6and public access.
5.7(l) $7,000 the first year and $7,000 the second
5.8year are to implement the requirements for
5.9fish kills under Minnesota Statutes, sections
5.10103G.216 and 103G.2165.
5.11(m) $1,448,000 the second year is from the
5.12environmental fund to adopt rules and
5.13implement air toxics emissions requirements
5.14under Minnesota Statutes, section 116.062.
5.15(n) $904,000 the first year and $911,000 the
5.16second year are from the environmental fund
5.17for monitoring ambient air for hazardous air
5.18pollutants in Hennepin, Ramsey, Washington,
5.19and Olmsted Counties.
5.20(o) $175,000 the first year and $175,000 the
5.21second year are from the environmental fund
5.22to address wastewater effluent limits and
5.23variances for backlogged permits.
27,911,00024,638,0005.24Subd. 3.Industrial
5.25 Appropriations by Fund
20275.26 2026
789,000782,0005.27General
25,341,00022,076,0005.28Environmental
1,781,0001,780,0005.29Remediation
5.30(a) $1,670,000 the first year and $1,670,000
5.31the second year are from the remediation fund
5.32for the leaking underground storage tank
5.33program to investigate, clean up, and prevent
5.34future releases from underground petroleum
5Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 6.1storage tanks and for the petroleum
6.2remediation program for vapor assessment
6.3and remediation. These same annual amounts
6.4are transferred from the petroleum tank fund
6.5to the remediation fund.
6.6(b) $149,000 the first year and $149,000 the
6.7second year are from the environmental fund
6.8for transfer to the commissioner of health to
6.9further evaluate the use and reduction of
6.10trichloroethylene around Minnesota and
6.11identify its potential health effects on
6.12communities.
6.13(c) $257,000 the first year and $264,000 the
6.14second year are for implementation of the odor
6.15management requirements under Minnesota
6.16Statutes, section 116.064.
6.17(d) $148,000 the second year is from the
6.18environmental fund for the purposes of the
6.19public informational meeting requirements
6.20under Minnesota Statutes, section 116.07,
6.21subdivision 4m.
6.22(e) $2,698,000 the first year and $2,718,000
6.23the second year are from the environmental
6.24fund for prioritizing air regulatory program
6.25work in environmental justice areas.
6.26(f) $2,539,000 the second year is from the
6.27environmental fund for implementing the
6.28environmental justice cumulative impact
6.29analysis and other requirements under
6.30Minnesota Statutes, section 116.065.
6.31(g) $730,000 the first year and $740,000 the
6.32second year are from the environmental fund
6.33to improve the coordination, effectiveness,
6Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 7.1transparency, and accountability of the
7.2environmental review and permitting process.
7.3(h) $700,00 the first year and $700,000 the
7.4second year are to address backlogged permits.
7.5Of this amount, $525,000 the first year and
7.6$525,000 the second year are from the general
7.7fund and $175,000 the first year and $175,000
7.8the second year are from the environmental
7.9fund.
7.10(i) $700,000 the first year and $700,000 the
7.11second year are from the environmental fund
7.12to prioritize regulatory services for projects
7.13that directly support the production of
7.14sustainable aviation fuel in Minnesota.
11,410,00011,271,0007.15Subd. 4.Municipal
7.16 Appropriations by Fund
20277.17 2026
233,000228,0007.18General
90,00090,000
7.19State Government
7.20Special Revenue
11,087,00010,953,0007.21Environmental
7.22(a) $228,000 the first year and $233,000 the
7.23second year are for a municipal liaison to
7.24assist municipalities with water quality
7.25standards and NPDES/SDS permitting
7.26processes, including enhanced economic
7.27analysis in the water quality standards
7.28rulemaking processes, identification of
7.29cost-effective permitting opportunities,
7.30simplifying the variance process, and
7.31coordinating with the Public Facilities
7.32Authority to identify and advocate for needed
7.33resources for municipalities to achieve permit
7.34requirements.
7Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 8.1(b) $50,000 the first year and $50,000 the
8.2second year are from the environmental fund
8.3for transfer to the Office of Administrative
8.4Hearings to establish sanitary districts.
8.5(c) $2,511,000 the first year and $2,535,000
8.6the second year are from the environmental
8.7fund for subsurface sewage treatment system
8.8(SSTS) program administration; for
8.9community technical assistance and education,
8.10including grants and technical assistance to
8.11communities for water-quality protection, new
8.12technology review, and enforcement under
8.13Minnesota Statutes, sections 115.55 to 115.58;
8.14and to complete the requirements of Laws
8.152003, chapter 128, article 1, section 165. Of
8.16this amount, $350,000 each year is for
8.17assistance to counties through grants for SSTS
8.18program administration. A county receiving
8.19a grant from this appropriation must submit
8.20the results achieved with the grant to the
8.21commissioner as part of its annual SSTS
8.22report. Any unexpended balance in the first
8.23year does not cancel but is available in the
8.24second year.
8.25(d) Notwithstanding Minnesota Statutes,
8.26section 16A.28, the appropriations
8.27encumbered on or before June 30, 2027, as
8.28grants or contracts for subsurface sewage
8.29treatment systems, surface water and
8.30groundwater assessments, storm water, and
8.31water-quality protection in this subdivision
8.32are available until June 30, 2030.
15,573,00015,321,0008.33Subd. 5.Operations
8.34 Appropriations by Fund
20278.35 2026
8Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 4,115,0004,019,0009.1General
8,870,0008,733,0009.2Environmental
2,588,0002,569,0009.3Remediation
9.4(a) $1,124,000 the first year and $1,124,000
9.5the second year are from the remediation fund
9.6for the leaking underground storage tank
9.7program to investigate, clean up, and prevent
9.8future releases from underground petroleum
9.9storage tanks and for the petroleum
9.10remediation program for vapor assessment
9.11and remediation. These same annual amounts
9.12are transferred from the petroleum tank fund
9.13to the remediation fund.
9.14(b) $3,204,000 the first year and $3,300,000
9.15the second year are to support agency
9.16information technology services provided at
9.17the enterprise and agency level.
9.18(c) $955,000 the first year and $965,000 the
9.19second year are from the environmental fund
9.20to develop and maintain systems to support
9.21permitting and regulatory business processes
9.22and agency data.
9.23(d) $278,000 the first year and $280,000 the
9.24second year are from the environmental fund
9.25to support current and future career pathways
9.26for underrepresented students.
9.27(e) $375,000 the first year and $380,000 the
9.28second year are from the environmental fund
9.29to support financial planning and analysis to
9.30assist with risk and compliance management
9.31across agency programs and financial systems.
9.32(f) $538,000 the first year and $542,000 the
9.33second year are from the environmental fund
9Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 10.1for Operations Division legal services that
10.2support compliance programs.
10.3(g) $815,000 the first year and $815,000 the
10.4second year are for developing tools to
10.5improve permitting issuance processes. This
10.6appropriation is available until June 30, 2029.
10.7This is a onetime appropriation.
10.8(h) The total general fund base for the
10.9Operations Division for fiscal year 2028 and
10.10later is $3,300,000.
17,504,00017,368,00010.11Subd. 6.Remediation
10.12 Appropriations by Fund
202710.13 2026
646,000642,00010.14Environmental
16,858,00016,726,00010.15Remediation
10.16(a) All money for environmental response,
10.17compensation, and compliance in the
10.18remediation fund not otherwise appropriated
10.19is appropriated to the commissioners of the
10.20Pollution Control Agency and agriculture for
10.21purposes of Minnesota Statutes, section
10.22115B.20, subdivision 2, clauses (1), (2), (3),
10.23(6), and (7). At the beginning of each fiscal
10.24year, the two commissioners must jointly
10.25submit to the commissioner of management
10.26and budget an annual spending plan that
10.27maximizes resource use and appropriately
10.28allocates the money between the two
10.29departments.
10.30(b) $4,622,000 the first year and $4,622,000
10.31the second year are from the remediation fund
10.32for the leaking underground storage tank
10.33program to investigate, clean up, and prevent
10.34future releases from underground petroleum
10Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 11.1storage tanks and for the petroleum
11.2remediation program for vapor assessment
11.3and remediation. These same annual amounts
11.4are transferred from the petroleum tank fund
11.5to the remediation fund.
11.6(c) $316,000 the first year and $316,000 the
11.7second year are from the remediation fund for
11.8transfer to the commissioner of health for
11.9private water-supply monitoring and health
11.10assessment costs in areas contaminated by
11.11unpermitted mixed municipal solid waste
11.12disposal facilities and drinking water
11.13advisories and public information activities
11.14for areas contaminated by hazardous releases.
11.15(d) $700,000 the first year and $700,000 the
11.16second year are from the remediation fund to
11.17review and mitigate the impacts from the
11.18backlog of high-priority sites in the Superfund
11.19site assessment program.
47,469,00047,180,00011.20Subd. 7.Resource Management and Assistance
11.21 Appropriations by Fund
202711.22 2026
370,000370,00011.23General
47,099,00046,810,00011.24Environmental
11.25(a) Up to $150,000 the first year and $150,000
11.26the second year may be transferred from the
11.27environmental fund to the small business
11.28environmental improvement loan account
11.29under Minnesota Statutes, section 116.993.
11.30(b) $1,000,000 the first year and $1,000,000
11.31the second year are for competitive recycling
11.32grants under Minnesota Statutes, section
11.33115A.565. Of this amount, $300,000 the first
11.34year and $300,000 the second year are from
11Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 12.1the general fund, and $700,000 the first year
12.2and $700,000 the second year are from the
12.3environmental fund. This appropriation is
12.4available until June 30, 2029.
12.5(c) $694,000 the first year and $694,000 the
12.6second year are from the environmental fund
12.7for emission-reduction activities and grants to
12.8small businesses and other
12.9nonpoint-emission-reduction efforts. Of this
12.10amount, $100,000 the first year and $100,000
12.11the second year are to continue work with
12.12Clean Air Minnesota, and the commissioner
12.13may enter into an agreement with
12.14Environmental Initiative to support this effort.
12.15(d) $18,450,000 the first year and $18,450,000
12.16the second year are from the environmental
12.17fund for SCORE block grants to counties.
12.18(e) $119,000 the first year and $119,000 the
12.19second year are from the environmental fund
12.20for environmental assistance grants or loans
12.21under Minnesota Statutes, section 115A.0716.
12.22(f) $400,000 the first year and $400,000 the
12.23second year are from the environmental fund
12.24for grants to develop and expand recycling
12.25markets for Minnesota businesses. This
12.26appropriation is available until June 30, 2029.
12.27(g) $770,000 the first year and $770,000 the
12.28second year are from the environmental fund
12.29for reducing and diverting food waste,
12.30redirecting edible food for consumption, and
12.31removing barriers to collecting and recovering
12.32organic waste. Of this amount, $500,000 each
12.33year is for grants to increase food rescue and
12Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 13.1waste prevention. This appropriation is
13.2available until June 30, 2029.
13.3(h) $2,829,000 the first year and $2,835,000
13.4the second year are from the environmental
13.5fund for the purposes of Minnesota Statutes,
13.6section 473.844.
13.7(i) $479,000 the first year and $481,000 the
13.8second year are from the environmental fund
13.9to address chemicals in products, including to
13.10implement and enforce flame retardant
13.11provisions under Minnesota Statutes, section
13.12325F.071, and perfluoroalkyl and
13.13polyfluoroalkyl substances in food packaging
13.14provisions under Minnesota Statutes, section
13.15325F.075. Of this amount, $80,000 the first
13.16year and $80,000 the second year are
13.17transferred to the commissioner of health.
13.18(j) $650,000 the first year and $650,000 the
13.19second year are from the environmental fund
13.20for Minnesota GreenCorps investment.
13.21(k) $1,143,000 the first year and $1,152,000
13.22the second year are from the environmental
13.23fund for implementation of the PFAS
13.24requirements under Minnesota Statutes,
13.25section 116.943. Of this amount, $468,000 the
13.26first year and $468,000 the second year are
13.27for transfer to the commissioner of health.
13.28(l) $175,000 the first year and $175,000 the
13.29second year are from the environmental fund
13.30to address land permitting activities.
13.31(m) $215,000 the first year and $215,000 the
13.32second year are from the environmental fund
13.33to enhance existing work to reduce or
13.34eliminate mercury-containing skin-lightening
13Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 14.1products. The base is $195,000 in fiscal year
14.22028 and thereafter.
14.3(n) $350,000 the first year and $350,000 the
14.4second year are from the environmental fund
14.5to provide assistance in preventing and
14.6managing wasted food to state and local
14.7governments, food waste generators,
14.8not-for-profit organizations, Tribal
14.9governments, and the public.
14.10(o) Any unencumbered grant and loan
14.11balances in the first year do not cancel but are
14.12available for grants and loans in the second
14.13year. Notwithstanding Minnesota Statutes,
14.14section 16A.28, the appropriations
14.15encumbered on or before June 30, 2027, as
14.16contracts or grants for environmental
14.17assistance awarded under Minnesota Statutes,
14.18section 115A.0716; technical and research
14.19assistance under Minnesota Statutes, section
14.20115A.152; technical assistance under
14.21Minnesota Statutes, section 115A.52; and
14.22pollution prevention assistance under
14.23Minnesota Statutes, section 115D.04, are
14.24available until June 30, 2029.
10,892,00010,760,00014.25Subd. 8.Watershed
14.26 Appropriations by Fund
202714.27 2026
1,959,0001,959,00014.28General
8,533,0008,403,00014.29Environmental
400,000398,00014.30Remediation
14.31(a) $1,959,000 the first year and $1,959,000
14.32the second year are for grants to delegated
14.33counties to administer the county feedlot
14.34program under Minnesota Statutes, section
14.35116.0711, subdivisions 2 and 3. Money
14Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 15.1remaining after the first year is available for
15.2the second year.
15.3(b) $129,000 the first year and $129,000 the
15.4second year are from the remediation fund for
15.5the leaking underground storage tank program
15.6to investigate, clean up, and prevent future
15.7releases from underground petroleum storage
15.8tanks and for the petroleum remediation
15.9program for vapor assessment and
15.10remediation. These same annual amounts are
15.11transferred from the petroleum tank fund to
15.12the remediation fund.
15.13(c) Any unencumbered grant and loan balances
15.14in the first year do not cancel but are available
15.15for grants and loans in the second year.
1,582,0001,545,00015.16Subd. 9.Environmental Quality Board
15.17 Appropriations by Fund
202715.18 2026
1,343,0001,309,00015.19General
239,000236,00015.20Environmental
15.21Subd. 10.Transfers
15.22(a) The commissioner must transfer up to
15.23$24,000,000 the first year and each fiscal year
15.24thereafter from the environmental fund to the
15.25remediation fund for purposes of the
15.26remediation fund under Minnesota Statutes,
15.27section 116.155, subdivision 2.
15.28(b) The commissioner of management and
15.29budget must transfer $100,000 the first year
15.30and each fiscal year thereafter from the general
15.31fund to the metropolitan landfill contingency
15.32action trust account in the remediation fund
15.33to restore the money transferred from the
15.34account as intended under Laws 2003, chapter
15Article 1 Sec. 2.
25-02506 as introduced02/10/25 REVISOR CKM/KR 16.1128, article 1, section 10, paragraph (e), and
16.2Laws 2005, First Special Session chapter 1,
16.3article 3, section 17.
16.4Sec. 3. NATURAL RESOURCES
402,631,000$398,171,000$16.5Subdivision 1.Total Appropriation
16.6 Appropriations by Fund
202716.7 2026
135,537,000133,715,00016.8General
135,397,000133,094,00016.9Natural Resources
130,848,000130,525,00016.10Game and Fish
117,000117,00016.11Remediation
732,000720,00016.12Permanent School
16.13The amounts that may be spent for each
16.14purpose are specified in the following
16.15subdivisions.
11,605,00011,399,000
16.16Subd. 2.Land and Mineral Resources
16.17Management
16.18 Appropriations by Fund
202716.19 2026
5,759,0005,569,00016.20General
5,270,0005,259,00016.21Natural Resources
344,000344,00016.22Game and Fish
232,000227,00016.23Permanent School
16.24(a) $319,000 the first year and $319,000 the
16.25second year are for environmental research
16.26relating to mine permitting, of which $200,000
16.27each year is from the minerals management
16.28account in the natural resources fund and
16.29$119,000 each year is from the general fund.
16.30(b) $3,639,000 the first year and $3,650,000
16.31the second year are from the minerals
16.32management account in the natural resources
16.33fund for use as provided under Minnesota
16.34Statutes, section 93.2236, paragraph (c), for
16Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 17.1mineral resource management, projects to
17.2enhance future mineral income, and projects
17.3to promote new mineral-resource
17.4opportunities.
17.5(c) $227,000 the first year and $232,000 the
17.6second year are transferred from the forest
17.7suspense account to the permanent school fund
17.8and are appropriated from the permanent
17.9school fund to secure maximum long-term
17.10economic return from the school trust lands
17.11consistent with fiduciary responsibilities and
17.12sound natural resources conservation and
17.13management principles.
17.14(d) $573,000 the first year and $573,000 the
17.15second year are from the water management
17.16account in the natural resources fund for only
17.17the purposes specified in Minnesota Statutes,
17.18section 103G.27, subdivision 2.
17.19(e) $660,000 the first year and $660,000 the
17.20second year are for use as provided under
17.21Minnesota Statutes, chapter 93, for mineral
17.22resource management, including permitting
17.23activities associated with gas resource
17.24development.
17.25(f) $330,000 the first year and $330,000 the
17.26second year are from the minerals
17.27management account in the natural resources
17.28fund for use as provided under Minnesota
17.29Statutes, section 93.2236, paragraph (c),
17.30including activities associated with leasing for
17.31gas exploration and development.
49,402,00047,843,00017.32Subd. 3.Ecological and Water Resources
17.33 Appropriations by Fund
202717.34 2026
17Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 23,602,00023,211,00018.1General
19,976,00018,808,00018.2Natural Resources
5,824,0005,824,00018.3Game and Fish
18.4(a) $6,077,000 the first year and $6,082,000
18.5the second year are from the invasive species
18.6account in the natural resources fund and
18.7$2,501,000 the first year and $2,501,000 the
18.8second year are from the general fund for
18.9management, public awareness, assessment
18.10and monitoring research, and water access
18.11inspection to prevent the spread of invasive
18.12species; management of invasive plants in
18.13public waters; and management of terrestrial
18.14invasive species on state-administered lands.
18.15(b) $7,801,000 the first year and $8,791,000
18.16the second year are from the water
18.17management account in the natural resources
18.18fund for only the purposes specified in
18.19Minnesota Statutes, section 103G.27,
18.20subdivision 2.
18.21(c) $124,000 the first year and $124,000 the
18.22second year are for a grant to the Mississippi
18.23Headwaters Board for up to 50 percent of the
18.24cost of implementing the comprehensive plan
18.25for the upper Mississippi within areas under
18.26the board's jurisdiction.
18.27(d) $264,000 the first year and $264,000 the
18.28second year are for grants for up to 50 percent
18.29of the cost of implementing the Red River
18.30mediation agreement.
18.31(e) $2,598,000 the first year and $2,598,000
18.32the second year are from the heritage
18.33enhancement account in the game and fish
18.34fund for only the purposes specified in
18Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 19.1Minnesota Statutes, section 297A.94,
19.2paragraph (h), clause (1).
19.3(f) $1,150,000 the first year and $1,150,000
19.4the second year are from the nongame wildlife
19.5management account in the natural resources
19.6fund for nongame wildlife management.
19.7Notwithstanding Minnesota Statutes, section
19.8290.431, $100,000 the first year and $100,000
19.9the second year may be used for nongame
19.10wildlife information, education, and
19.11promotion.
19.12(g) Notwithstanding Minnesota Statutes,
19.13section 84.943, $48,000 the first year and
19.14$48,000 the second year from the critical
19.15habitat private sector matching account may
19.16be used to publicize the critical habitat license
19.17plate match program.
19.18(h) $4,555,000 the first year and $4,555,000
19.19the second year are for the following activities:
19.20(1) financial reimbursement and technical
19.21support to soil and water conservation districts
19.22or other local units of government for
19.23groundwater-level monitoring;
19.24(2) surface water monitoring and analysis,
19.25including installing monitoring gauges;
19.26(3) groundwater analysis to assist with
19.27water-appropriation permitting decisions;
19.28(4) permit application review incorporating
19.29surface water and groundwater technical
19.30analysis;
19.31(5) precipitation data and analysis to improve
19.32irrigation use;
19Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 20.1(6) information technology, including
20.2electronic permitting and integrated data
20.3systems; and
20.4(7) compliance and monitoring.
20.5(i) $410,000 the first year and $410,000 the
20.6second year are from the heritage enhancement
20.7account in the game and fish fund, $500,000
20.8the first year and $500,000 the second year
20.9are from the general fund, and $1,200,000 the
20.10first year and $1,200,000 the second year are
20.11from the invasive species account in the
20.12natural resources fund for the Minnesota
20.13Aquatic Invasive Species Research Center at
20.14the University of Minnesota to prioritize,
20.15support, and develop research-based solutions
20.16that can reduce the effects of aquatic invasive
20.17species in Minnesota by preventing spread,
20.18controlling populations, and managing
20.19ecosystems and to advance knowledge to
20.20inspire action by others.
61,793,00061,123,00020.21Subd. 4.Forest Management
20.22 Appropriations by Fund
202720.23 2026
43,883,00043,300,00020.24General
16,293,00016,206,00020.25Natural Resources
1,617,0001,617,00020.26Game and Fish
20.27(a) $7,521,000 the first year and $7,521,000
20.28the second year are for prevention,
20.29presuppression, and suppression costs of
20.30emergency firefighting and other costs
20.31incurred under Minnesota Statutes, section
20.3288.12. The amount necessary to pay for
20.33presuppression and suppression costs during
20.34the biennium is appropriated from the general
20.35fund. By January 15 each year, the
20Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 21.1commissioner of natural resources must submit
21.2a report to the chairs and ranking minority
21.3members of the house and senate committees
21.4and divisions having jurisdiction over
21.5environment and natural resources finance that
21.6identifies all firefighting costs incurred and
21.7reimbursements received in the prior fiscal
21.8year. These appropriations may not be
21.9transferred. Any reimbursement of firefighting
21.10expenditures made to the commissioner from
21.11any source other than federal mobilizations
21.12must be deposited into the general fund.
21.13(b) $15,706,000 the first year and $15,793,000
21.14the second year are from the forest
21.15management investment account in the natural
21.16resources fund for only the purposes specified
21.17in Minnesota Statutes, section 89.039,
21.18subdivision 2.
21.19(c) $1,617,000 the first year and $1,617,000
21.20the second year are from the heritage
21.21enhancement account in the game and fish
21.22fund to advance ecological classification
21.23systems (ECS), forest habitat, and invasive
21.24species management.
21.25(d) $940,000 the first year and $947,000 the
21.26second year are for the Forest Resources
21.27Council to implement the Sustainable Forest
21.28Resources Act.
21.29(e) $500,000 the first year and $500,000 the
21.30second year are from the forest management
21.31investment account in the natural resources
21.32fund for forest road maintenance on state
21.33forest roads.
21Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 22.1(f) $500,000 the first year and $500,000 the
22.2second year are for forest road maintenance
22.3on county forest roads.
22.4(g) $400,000 the first year and $400,000 the
22.5second year are for grants to local and Tribal
22.6governments and nonprofit organizations to
22.7enhance community forest ecosystem health
22.8and sustainability under Minnesota Statutes,
22.9section 88.82. The commissioner may use a
22.10reasonable amount of this appropriation for
22.11administering ReLeaf grants.
113,137,000112,770,00022.12Subd. 5.Parks and Trails Management
22.13 Appropriations by Fund
202722.14 2026
35,724,00035,724,00022.15General
75,113,00074,746,00022.16Natural Resources
2,300,0002,300,00022.17Game and Fish
22.18(a) $8,925,000 the first year and $9,238,000
22.19the second year are from the natural resources
22.20fund for state trail, park, and recreation area
22.21operations. This appropriation is from revenue
22.22deposited in the natural resources fund under
22.23Minnesota Statutes, section 297A.94,
22.24paragraph (h), clause (2).
22.25(b) $24,311,000 the first year and $24,365,000
22.26the second year are from the state parks
22.27account in the natural resources fund to
22.28operate and maintain state parks and state
22.29recreation areas.
22.30(c) $1,300,000 the first year and $1,300,000
22.31the second year are from the natural resources
22.32fund for park and trail grants to local units of
22.33government on land to be maintained for at
22.34least 20 years for parks or trails. Priority must
22Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 23.1be given for projects that are in underserved
23.2communities or that increase access to persons
23.3with disabilities. This appropriation is from
23.4revenue deposited in the natural resources fund
23.5under Minnesota Statutes, section 297A.94,
23.6paragraph (h), clause (4). Any unencumbered
23.7balance does not cancel at the end of the first
23.8year and is available for the second year.
23.9(d) $9,624,000 the first year and $9,624,000
23.10the second year are from the snowmobile trails
23.11and enforcement account in the natural
23.12resources fund for the snowmobile
23.13grants-in-aid program. Any unencumbered
23.14balance does not cancel at the end of the first
23.15year and is available for the second year.
23.16(e) $2,435,000 the first year and $2,435,000
23.17the second year are from the natural resources
23.18fund for the off-highway vehicle grants-in-aid
23.19program. Of this amount, $1,960,000 each
23.20year is from the all-terrain vehicle account,
23.21$150,000 each year is from the off-highway
23.22motorcycle account, and $325,000 each year
23.23is from the off-road vehicle account. Any
23.24unencumbered balance does not cancel at the
23.25end of the first year and is available for the
23.26second year.
23.27(f) $2,750,000 the first year and $2,750,000
23.28the second year are from the state land and
23.29water conservation account in the natural
23.30resources fund for priorities established by the
23.31commissioner for eligible state projects and
23.32administrative and planning activities
23.33consistent with Minnesota Statutes, section
23.3484.0264, and the federal Land and Water
23.35Conservation Fund Act. Any unencumbered
23Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 24.1balance does not cancel at the end of the first
24.2year and is available for the second year.
24.3(g) $250,000 the first year and $250,000 the
24.4second year are for matching grants for local
24.5parks and outdoor recreation areas under
24.6Minnesota Statutes, section 85.019,
24.7subdivision 2.
24.8(h) $250,000 the first year and $250,000 the
24.9second year are for matching grants for local
24.10trail connections under Minnesota Statutes,
24.11section 85.019, subdivision 4c.
24.12(i) $600,000 the first year and $600,000 the
24.13second year are from the natural resources
24.14fund for projects and activities that connect
24.15diverse and underserved Minnesotans through
24.16expanding cultural environmental experiences,
24.17exploration of their environment, and outdoor
24.18recreational activities. This appropriation is
24.19from revenue deposited in the natural
24.20resources fund under Minnesota Statutes,
24.21section 297A.94, paragraph (j).
98,171,00097,164,00024.22Subd. 6.Fish and Wildlife Management
24.23 Appropriations by Fund
202724.24 2026
9,337,0008,895,00024.25General
2,424,0002,182,00024.26Natural Resources
86,410,00086,087,00024.27Game and Fish
24.28(a) $12,525,000 the first year and $12,697,000
24.29the second year are from the heritage
24.30enhancement account in the game and fish
24.31fund only for activities specified under
24.32Minnesota Statutes, section 297A.94,
24.33paragraph (h), clause (1). Notwithstanding
24.34Minnesota Statutes, section 297A.94, five
24Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 25.1percent of this appropriation may be used for
25.2expanding hunter and angler recruitment and
25.3retention.
25.4(b) $8,546,000 the first year and $8,546,000
25.5the second year are from the deer management
25.6account in the game and fish fund for the
25.7purposes identified in Minnesota Statutes,
25.8section 97A.075, subdivision 1.
25.9(c) $500,000 the first year and $500,000 the
25.10second year are from the heritage enhancement
25.11account in the game and fish fund for grants
25.12for natural-resource-based education and
25.13recreation programs serving youth under
25.14Minnesota Statutes, section 84.976. The
25.15commissioner may use a reasonable amount
25.16of this appropriation for administering grants
25.17authorized under Minnesota Statutes, section
25.1884.976. Priority must be given to projects
25.19benefiting underserved communities.
25.20(d) Up to $2,225,000 the first year and up to
25.21$2,225,000 the second year are available for
25.22transfer from the critical habitat private sector
25.23matching account to the reinvest in Minnesota
25.24fund for wildlife management areas
25.25acquisition, restoration, and enhancement
25.26according to Minnesota Statutes, section
25.2784.943, subdivision 5, paragraph (b).
64,692,00064,048,00025.28Subd. 7.Enforcement
25.29 Appropriations by Fund
202725.30 2026
15,011,00014,795,00025.31General
15,211,00014,783,00025.32Natural Resources
34,353,00034,353,00025.33Game and Fish
117,000117,00025.34Remediation
25Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 26.1(a) $1,718,000 the first year and $1,718,000
26.2the second year are from the general fund for
26.3enforcement efforts to prevent the spread of
26.4aquatic invasive species.
26.5(b) $2,980,000 the first year and $2,980,000
26.6the second year are from the heritage
26.7enhancement account in the game and fish
26.8fund for only the purposes specified under
26.9Minnesota Statutes, section 297A.94,
26.10paragraph (h), clause (1).
26.11(c) $1,442,000 the first year and $1,442,000
26.12the second year are from the water recreation
26.13account in the natural resources fund for grants
26.14to counties for boat and water safety. Any
26.15unencumbered balance does not cancel at the
26.16end of the first year and is available for the
26.17second year.
26.18(d) $315,000 the first year and $315,000 the
26.19second year are from the snowmobile trails
26.20and enforcement account in the natural
26.21resources fund for grants to local law
26.22enforcement agencies for snowmobile
26.23enforcement activities. Any unencumbered
26.24balance does not cancel at the end of the first
26.25year and is available for the second year.
26.26(e) $250,000 the first year and $250,000 the
26.27second year are from the all-terrain vehicle
26.28account in the natural resources fund for grants
26.29to qualifying organizations to assist in safety
26.30and environmental education and monitoring
26.31trails on public lands under Minnesota
26.32Statutes, section 84.9011. Grants issued under
26.33this paragraph must be issued through a formal
26.34agreement with the organization. By
26.35December 15 each year, an organization
26Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 27.1receiving a grant under this paragraph must
27.2report to the commissioner with details on
27.3expenditures and outcomes from the grant. Of
27.4this appropriation, $25,000 each year is for
27.5administering these grants. Any unencumbered
27.6balance does not cancel at the end of the first
27.7year and is available for the second year.
27.8(f) $510,000 the first year and $510,000 the
27.9second year are from the natural resources
27.10fund for grants to county law enforcement
27.11agencies for off-highway vehicle enforcement
27.12and public education activities based on
27.13off-highway vehicle use in the county. Of this
27.14amount, $498,000 each year is from the
27.15all-terrain vehicle account, $11,000 each year
27.16is from the off-highway motorcycle account,
27.17and $1,000 each year is from the off-road
27.18vehicle account. The county enforcement
27.19agencies may use money received under this
27.20appropriation to make grants to other local
27.21enforcement agencies within the county that
27.22have a high concentration of off-highway
27.23vehicle use. Of this appropriation, $25,000
27.24each year is for administering the grants. Any
27.25unencumbered balance does not cancel at the
27.26end of the first year and is available for the
27.27second year.
2,000,0002,000,00027.28Subd. 8.Operations Support
27.29$2,000,000 the first year and $2,000,000 the
27.30second year are for legal costs. This is a
27.31onetime appropriation and is available through
27.32fiscal year 2029.
1,831,0001,824,00027.33Subd. 9.Pass Through Funds
27.34 Appropriations by Fund
202727.35 2026
27Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 221,000221,00028.1General
1,110,0001,110,00028.2Natural Resources
500,000493,00028.3Permanent School
28.4(a) $510,000 the first year and $510,000 the
28.5second year are from the natural resources
28.6fund for grants to be divided equally between
28.7the city of St. Paul for the Como Park Zoo and
28.8Conservatory and the city of Duluth for the
28.9Lake Superior Zoo. This appropriation is from
28.10revenue deposited to the natural resources fund
28.11under Minnesota Statutes, section 297A.94,
28.12paragraph (h), clause (5).
28.13(b) $221,000 the first year and $221,000 the
28.14second year are for the Office of School Trust
28.15Lands.
28.16(c) $150,000 the first year and $150,000 the
28.17second year are transferred from the forest
28.18suspense account to the permanent school fund
28.19and are appropriated from the permanent
28.20school fund for transaction and project
28.21management costs for divesting of school trust
28.22lands within Boundary Waters Canoe Area
28.23Wilderness.
28.24(d) $343,000 the first year and $350,000 the
28.25second year are transferred from the forest
28.26suspense account to the permanent school fund
28.27and are appropriated from the permanent
28.28school fund for the Office of School Trust
28.29Lands.
28.30(e) $600,000 the first year and $600,000 the
28.31second year are from the natural resources
28.32fund for parks and trails of regional
28.33significance outside the seven-county
28.34metropolitan area under Minnesota Statutes,
28.35section 85.535, based on the recommendations
28Article 1 Sec. 3.
25-02506 as introduced02/10/25 REVISOR CKM/KR 29.1from the Greater Minnesota Regional Parks
29.2and Trails Commission. This appropriation is
29.3from revenue deposited in the natural
29.4resources fund under Minnesota Statutes,
29.5section 297A.94, paragraph (i).
16,102,000$15,945,000$
29.6Sec. 4. BOARD OF WATER AND SOIL
29.7RESOURCES
29.8(a) $3,116,000 the first year and $3,116,000
29.9the second year are for grants and payments
29.10to soil and water conservation districts for
29.11accomplishing the purposes of Minnesota
29.12Statutes, chapter 103C, and for other general
29.13purposes, nonpoint engineering, and
29.14implementation and stewardship of the
29.15reinvest in Minnesota reserve program.
29.16Expenditures may be made from this
29.17appropriation for supplies and services
29.18benefiting soil and water conservation
29.19districts. Any district receiving a payment
29.20under this paragraph must maintain a website
29.21that publishes, at a minimum, the district's
29.22annual report, annual audit, annual budget,
29.23and meeting notices.
29.24(b) $1,560,000 the first year and $1,560,000
29.25the second year are for the following:
29.26(1) $1,460,000 the first year and $1,460,000
29.27the second year are for cost-sharing programs
29.28of soil and water conservation districts for
29.29accomplishing projects and practices
29.30consistent with Minnesota Statutes, section
29.31103C.501, including perennially vegetated
29.32riparian buffers, erosion control, water
29.33retention and treatment, water quality
29.34cost-sharing for feedlots and nutrient and
29.35manure management projects in watersheds
29Article 1 Sec. 4.
25-02506 as introduced02/10/25 REVISOR CKM/KR 30.1where there are impaired waters, and other
30.2high-priority conservation practices; and
30.3(2) $100,000 the first year and $100,000 the
30.4second year are for invasive species and weed
30.5management programs and to restore native
30.6plants at selected invasive species management
30.7sites.
30.8(c) $166,000 the first year and $166,000 the
30.9second year are to provide technical assistance
30.10to local drainage management officials and
30.11for the costs of the Drainage Work Group. The
30.12board must coordinate the activities of the
30.13Drainage Work Group according to Minnesota
30.14Statutes, section 103B.101, subdivision 13.
30.15(d) $100,000 the first year and $100,000 the
30.16second year are for a grant to the Red River
30.17Basin Commission for water quality and
30.18floodplain management, including program
30.19administration. This appropriation must be
30.20matched by nonstate funds.
30.21(e) $140,000 the first year and $140,000 the
30.22second year are for grants to Area II
30.23Minnesota River Basin Projects for floodplain
30.24management.
30.25(f) $240,000 the first year and $240,000 the
30.26second year are for a grant to the Lower
30.27Minnesota River Watershed District to defray
30.28the annual cost of sustaining the state, national,
30.29and international commercial and recreational
30.30navigation on the lower Minnesota River.
30.31(g) $203,000 the first year and $203,000 the
30.32second year are for soil health programming
30.33consistent with Minnesota Statutes, section
30.34103F.06, and for coordination with the
30Article 1 Sec. 4.
25-02506 as introduced02/10/25 REVISOR CKM/KR 31.1University of Minnesota Office for Soil
31.2Health.
31.3(h) $3,423,000 the first year and $3,423,000
31.4the second year are for natural resources block
31.5grants to local governments to implement the
31.6Wetland Conservation Act and shoreland
31.7management program under Minnesota
31.8Statutes, chapter 103F, and local water
31.9management responsibilities under Minnesota
31.10Statutes, chapter 103B. The board may reduce
31.11the amount of the natural resources block grant
31.12to a county by an amount equal to any
31.13reduction in the county's general services
31.14allocation to a soil and water conservation
31.15district from the county's previous year
31.16allocation when the board determines that the
31.17reduction was disproportionate.
31.18(i) $6,997,000 the first year and $7,154,000
31.19the second year are for agency administration
31.20and operation of the Board of Water and Soil
31.21Resources.
31.22(j) The board may shift funds in this section
31.23and may adjust the technical and
31.24administrative assistance portion of the funds
31.25to leverage federal or other nonstate funds or
31.26to address accountability, oversight, local
31.27government performance, or high-priority
31.28needs.
31.29(k) The appropriations for grants and payments
31.30in this section are available until June 30,
31.312029, except returned grants and payments
31.32are available for two years after they are
31.33returned or regranted, whichever is later.
31.34Funds must be used consistent with the
31.35purposes of this section. If an appropriation
31Article 1 Sec. 4.
25-02506 as introduced02/10/25 REVISOR CKM/KR 32.1for grants in either year is insufficient, the
32.2appropriation in the other year is available for
32.3it.
32.4(l) Notwithstanding Minnesota Statutes,
32.5section 16B.97, grants awarded from
32.6appropriations in this section are exempt from
32.7the Department of Administration, Office of
32.8Grants Management Policy 08-08 Grant
32.9Payments and 08-10 Grant Monitoring.
11,490,000$11,490,000$32.10Sec. 5. METROPOLITAN COUNCIL
32.11 Appropriations by Fund
202732.12 2026
2,540,0002,540,00032.13General
8,950,0008,950,00032.14Natural Resources
32.15(a) $2,540,000 the first year and $2,540,000
32.16the second year are for metropolitan-area
32.17regional parks operation and maintenance
32.18according to Minnesota Statutes, section
32.19473.351.
32.20(b) $8,950,000 the first year and $8,950,000
32.21the second year are from the natural resources
32.22fund for metropolitan-area regional parks and
32.23trails maintenance and operations. This
32.24appropriation is from revenue deposited in the
32.25natural resources fund under Minnesota
32.26Statutes, section 297A.94, paragraph (h),
32.27clause (3).
1,070,000$1,070,000$
32.28Sec. 6. CONSERVATION CORPS
32.29MINNESOTA AND IOWA
32.30 Appropriations by Fund
202732.31 2026
580,000580,00032.32General
490,000490,00032.33Natural Resources
32Article 1 Sec. 6.
25-02506 as introduced02/10/25 REVISOR CKM/KR 33.1Conservation Corps Minnesota and Iowa may
33.2receive money appropriated from the natural
33.3resources fund under this section only as
33.4provided in an agreement with the
33.5commissioner of natural resources.
14,532,000$14,180,000$33.6Sec. 7. ZOOLOGICAL BOARD
33.7 Appropriations by Fund
202733.8 2026
14,277,00013,925,00033.9General
255,000255,00033.10Natural Resources
33.11$255,000 the first year and $255,000 the
33.12second year are from the natural resources
33.13fund from revenue deposited under Minnesota
33.14Statutes, section 297A.94, paragraph (h),
33.15clause (5).
1,260,000$1,260,000$33.16Sec. 8. SCIENCE MUSEUM
33.17Sec. 9. CANCELLATION.
33.18 Up to $3,915,000 of the unencumbered balance of the general fund appropriation from
33.19Laws 2022, chapter 95, article 3, section 6, paragraph (b), cancels no later than June 30,
33.202026.
33.21 ARTICLE 2
33.22 ENVIRONMENT AND NATURAL RESOURCES POLICY
33.23Section 1. Minnesota Statutes 2024, section 85.055, subdivision 1, is amended to read:
33.24 Subdivision 1.Fees.(a) The fee for state park permits for:
33.25 (1) an annual use of state parks is $35 $45;
33.26 (2) a second or subsequent vehicle state park permit is $26 $35;
33.27 (3) a state park permit valid for one day is $7 $10;
33.28 (4) a daily vehicle state park permit for groups is $5 $8;
33.29 (5) an annual permit for motorcycles is $30 $40;
33.30 (6) an employee's state park permit is without charge; and
33Article 2 Section 1.
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,
34.2paragraph (a), clauses (1) to (3), is $12 $20.
34.3 (b) The fees specified in this subdivision include any sales tax required by state law.
34.4 Sec. 2. Minnesota Statutes 2024, section 86B.415, subdivision 7, is amended to read:
34.5 Subd. 7.Watercraft surcharge.A $10.60 surcharge is placed on each watercraft licensed
34.6under subdivisions 1 to 5 for control, public awareness, law enforcement, monitoring, and
34.7research of aquatic invasive species such as zebra mussel, purple loosestrife, and Eurasian
34.8watermilfoil in public waters and public wetlands. The surcharge is:
34.9 (1) for a watercraft 19 feet or less in length, other than a watercraft listed in clauses (2)
34.10to (8), $29;
34.11 (2) for a watercraft, other than personal watercraft, 19 feet in length or less that is offered
34.12for rent or lease, $25;
34.13 (3) for a sailboat 19 feet in length or less, $20;
34.14 (4) for a watercraft used by a nonprofit corporation for teaching boat and water safety,
34.15$14;
34.16 (5) for a watercraft owned by a dealer under a dealer's license, $50;
34.17 (6) for a personal watercraft, including one offered for rent or lease, $25;
34.18 (7) for a watercraft less than 17 feet in length, other than a watercraft listed in clauses
34.19(2) to (6), $25;
34.20 (8) for a canoe, kayak, sailboard, paddleboard, paddleboat, or rowing shell over ten feet
34.21in length, $20;
34.22 (9) for a watercraft more than 19 feet but less than 26 feet in length, other than a
34.23watercraft listed in clauses (4), (5), (8), and (12), $38;
34.24 (10) for a watercraft 26 feet but less than 40 feet in length, other than a watercraft listed
34.25in clauses (4), (5), (8), and (12), $50;
34.26 (11) for a watercraft 40 feet in length or longer, other than a watercraft listed in clauses
34.27(4), (5), (8), and (12), $62; and
34.28 (12) for a watercraft used primarily for charter fishing, commercial fishing, commercial
34.29passenger carrying, or other commercial operation, $50.
34.30 EFFECTIVE DATE.This section is effective January 1, 2026.
34Article 2 Sec. 2.
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:
35.2 Subd. 6.Water-use permit; processing fee.(a) Except as described in paragraphs (b)
35.3to (g), a water-use permit processing fee must be prescribed by the commissioner in
35.4accordance with the schedule of fees in this subdivision for each water-use permit in force
35.5at any time during the year. Fees collected under this paragraph are credited to the water
35.6management account in the natural resources fund. The schedule is as follows, with the
35.7stated fee in each clause applied to the total amount appropriated:
35.8 (1) $140 $200 for amounts not exceeding 50,000,000 gallons per year;
35.9 (2) $3.50 $6 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
35.10than 100,000,000 gallons per year;
35.11 (3) $4 $7 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
35.12than 150,000,000 gallons per year;
35.13 (4) $4.50 $8 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
35.14less than 200,000,000 gallons per year;
35.15 (5) $5 $9 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
35.16than 250,000,000 gallons per year;
35.17 (6) $5.50 $10 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
35.18less than 300,000,000 gallons per year;
35.19 (7) $6 $11 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
35.20than 350,000,000 gallons per year;
35.21 (8) $6.50 $12 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
35.22less than 400,000,000 gallons per year;
35.23 (9) $7 $13 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
35.24than 450,000,000 gallons per year;
35.25 (10) $7.50 $14 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
35.26less than 500,000,000 gallons per year; and
35.27 (11) $8 $15 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per
35.28year.
35.29 (b) For once-through cooling systems, a water-use processing fee must be prescribed
35.30by the commissioner in accordance with the following schedule of fees for each water-use
35.31permit in force at any time during the year:
35Article 2 Sec. 3.
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
36.2 (2) for all other users, $420 per 1,000,000 gallons.
36.3 (c) The fee is payable based on the amount of water appropriated during the year and,
36.4except as provided in paragraph (f), the minimum fee is $100.
36.5 (d) For water-use processing fees other than once-through cooling systems:
36.6 (1) the fee for a city of the first class may not exceed $250,000 $325,000 per year;
36.7 (2) the fee for other entities for any permitted use may not exceed:
36.8 (i) $60,000 $75,000 per year for an entity holding three or fewer permits;
36.9 (ii) $90,000 $125,000 per year for an entity holding four or five permits; or
36.10 (iii) $300,000 $400,000 per year for an entity holding more than five permits;
36.11 (3) the fee for agricultural irrigation may not exceed $750 $1,500 per year;
36.12 (4) the fee for a municipality that furnishes electric service and cogenerates steam for
36.13home heating may not exceed $10,000 for its permit for water use related to the cogeneration
36.14of electricity and steam;
36.15 (5) the fee for a facility that temporarily diverts a water of the state from its natural
36.16channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per
36.17year. A permit for such a facility does not count toward the number of permits held by an
36.18entity as described in this paragraph; and
36.19 (6) no fee is required for a project involving the appropriation of surface water to prevent
36.20flood damage or to remove floodwaters during a period of flooding, as determined by the
36.21commissioner.
36.22 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten
36.23percent per month calculated from the original due date must be imposed on the unpaid
36.24balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
36.25may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
36.26governmental agency holding a water appropriation permit.
36.27 (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural
36.28land is $20 $100 for years in which:
36.29 (1) there is no appropriation of water under the permit; or
36.30 (2) the permit is suspended for more than seven consecutive days between May 1 and
36.31October 1.
36Article 2 Sec. 3.
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
37.2that use stormwater runoff or where public entities are diverting water to treat a water quality
37.3issue and returning the water to its source without using the water for any other purpose,
37.4unless the commissioner determines that the proposed use adversely affects surface water
37.5or groundwater.
37.6 (h) A surcharge of $50 per million gallons in addition to the fee prescribed in paragraph
37.7(a) shall be is applied to the volume of water used in each of the months of May, June, July,
37.8August, and September that exceeds the volume of water used in January for municipal
37.9water use, irrigation of golf courses, and landscape irrigation. The surcharge for
37.10municipalities with more than one permit shall be is determined based on the total
37.11appropriations from all permits that supply a common distribution system.
37.12 EFFECTIVE DATE.This section is effective January 1, 2026.
37.13Sec. 4. Minnesota Statutes 2024, section 103G.301, subdivision 2, is amended to read:
37.14 Subd. 2.Permit application and notification fees.(a) A fee to defray the costs of
37.15receiving, recording, and processing must be paid for a permit application authorized under
37.16this chapter, except for a general permit application, for each request to amend or transfer
37.17an existing permit, and for a notification to request authorization to conduct a project under
37.18a general permit. Fees established under this subdivision, unless specified in paragraph (c),
37.19must comply with section 16A.1285.
37.20 (b) Proposed projects that require water in excess of 100 million gallons per year must
37.21be assessed fees to recover the costs incurred to evaluate the project and the costs incurred
37.22for environmental review. Fees collected under this paragraph must be credited to an account
37.23in the natural resources fund and are appropriated to the commissioner.
37.24 (c) The fee to apply for a permit to appropriate water, in addition to any fee under
37.25paragraph (b), is $150 $600. The application fee for a permit to construct or repair a dam
37.26that is subject to a dam safety inspection, to work in public waters, or to divert waters for
37.27mining must be at least $1,200, but not more than $12,000. The fee for a notification to
37.28request authorization to conduct a project under a general permit is $400, except that the
37.29fee for a notification to request authorization to appropriate water under a general permit
37.30is $100.
37.31 EFFECTIVE DATE.This section is effective January 1, 2026.
37Article 2 Sec. 4.
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
38.2read:
38.3 Subd. 2a.Commissioner."Commissioner" means the commissioner of the Pollution
38.4Control Agency.
38.5 Sec. 6. Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to
38.6read:
38.7 Subd. 15a.Release."Release" has the meaning given in section 115B.02, subdivision
38.815.
38.9 Sec. 7. Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to
38.10read:
38.11 Subd. 15b.Respond or response."Respond" or "response" means to remedy or a
38.12remedial action as defined under section 115B.02, subdivision 16, or to remove or a removal
38.13as defined under section 115B.02, subdivision 17.
38.14Sec. 8. Minnesota Statutes 2024, section 115.071, subdivision 1, is amended to read:
38.15 Subdivision 1.Remedies available.The provisions of sections 103F.701 to 103F.755,
38.16this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 325E.12
38.17and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance,
38.18and permits adopted or issued by the agency thereunder or under any other law now in force
38.19or hereafter enacted for the prevention, control, or abatement of pollution may be enforced
38.20by any one or any combination of the following: criminal prosecution; action to recover
38.21civil penalties; injunction; action to compel or cease performance; or other appropriate
38.22action, in accordance with the provisions of said chapters and this section.
38.23 EFFECTIVE DATE.This section is effective January 1, 2027.
38.24Sec. 9. Minnesota Statutes 2024, section 115.072, is amended to read:
38.25 115.072 RECOVERING LITIGATION COSTS AND EXPENSES INCURRED IN
38.26RESPONDING TO A RELEASE OR THREATENED RELEASE OF POLLUTANTS
38.27AND CONTAMINANTS.
38.28 (a) In any action brought by the attorney general, in the name of the state, pursuant to
38.29the provisions of this chapter and chapters 114C, 114E, and 116, for civil penalties, injunctive
38.30relief, or in an action to compel compliance, if the state shall finally prevail, and if the
38Article 2 Sec. 9.
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,
39.2may be allowed an amount determined by the court to be the reasonable value of all or a
39.3part of the litigation expenses incurred by the state. In determining the amount of such
39.4litigation expenses to be allowed, the court shall give consideration to the economic
39.5circumstances of the defendant.
39.6 (b) Amounts recovered under the provisions of this section paragraph (a) and section
39.7115.071, subdivisions 3 to 5, shall must be paid into the environmental fund in the state
39.8treasury to the extent provided in section 115.073.
39.9 (c) Any reasonable and necessary expenses, including all response costs, corrective
39.10action costs, staff time, and administrative and legal expenses, incurred by the commissioner
39.11to respond to releases or threatened releases from pollutants or contaminants that are
39.12otherwise excluded from recovery under chapter 115B may be recovered in a civil action
39.13brought by the attorney general against any person. The commissioner's certification of
39.14expenses is prima facie evidence that the expenses are reasonable and necessary. Any
39.15expenses that are recovered by the attorney general under this paragraph must be deposited
39.16in the fund from which they were paid.
39.17 (d) Any reasonable and necessary expenses, including all response costs, corrective
39.18action costs, staff time, and administrative and legal expenses, incurred by a local unit of
39.19government to respond to releases or threatened releases from pollutants or contaminants
39.20that are otherwise excluded from recovery under chapter 115B may be recovered in a civil
39.21action brought by the local unit of government against any person.
39.22Sec. 10. Minnesota Statutes 2024, section 115A.121, is amended to read:
39.23 115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION;
39.24CONSOLIDATED REPORT.
39.25 The commissioner shall prepare and adopt a report on pollution prevention activities
39.26required in chapters 115A, 115D, and 325E. The report must include activities required
39.27under section 115A.1320. The commissioner must submit the report to the senate and house
39.28of representatives committees having jurisdiction over environment and natural resources
39.29by December 31, 2013, and every four years thereafter.
39.30 EFFECTIVE DATE.This section is effective January 1, 2027.
39Article 2 Sec. 10.
25-02506 as introduced02/10/25 REVISOR CKM/KR 40.1 Sec. 11. [115A.1331] STEWARDSHIP PROGRAM FOR CIRCUIT BOARDS,
40.2BATTERIES, AND ELECTRICAL PRODUCTS; DEFINITIONS.
40.3 (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this
40.4section.
40.5 (b) "Battery" means a device that contains one or more voltaic or galvanic cells that are
40.6electrically connected to produce electric energy, including any structural members, insulative
40.7casing surrounding the cells, and electrical connectors.
40.8 (c) "Board" means the Covered Products Reimbursement Board established under section
40.9115A.1333.
40.10 (d) "Brand" means a trademark, including both a registered and an unregistered trademark;
40.11a logo; a name; a symbol; a word; an identifier; or a traceable mark that identifies a covered
40.12product or other electrical product and identifies the owner or licensee of the brand as the
40.13producer of the product.
40.14 (e) "Circuit board" means a nonconductive substrate onto which one or more layers of
40.15conductive paths have been printed or wires attached for mounting and interconnecting
40.16electronic components, such as resistors, capacitors, diodes, transistors, integrated circuit
40.17chips, and connecting wires. Circuit boards include printed circuit boards, printed wiring
40.18boards, and any other style or type of circuit board.
40.19 (f) "Collection site" means a physical location where a collector collects covered products
40.20and other electrical products from members of the public and businesses. Collection site
40.21includes a location regardless of whether it is operated permanently, temporarily, or for
40.22purposes of a collection event.
40.23 (g) "Collector" means a person that collects covered products and other electrical products
40.24on behalf of the stewardship organization and receives reimbursement from the stewardship
40.25organization for the collector's costs to collect and manage the products.
40.26 (h) "Covered battery" means a battery of any type, physical size, or energy capacity
40.27except a lead-acid battery with a free liquid electrolyte.
40.28 (i) "Covered circuit board" means any circuit board except a circuit board in:
40.29 (1) a major appliance;
40.30 (2) an appliance or tool powered by electrical power of greater than 240 volts alternating
40.31current; or
40Article 2 Sec. 11.
25-02506 as introduced02/10/25 REVISOR CKM/KR 41.1 (3) an appliance or tool designed, manufactured, and intended solely for use in
41.2manufacturing, industrial, or other commercial settings.
41.3 (j) "Covered product" means:
41.4 (1) a covered circuit board;
41.5 (2) a covered battery;
41.6 (3) a cathode-ray tube; and
41.7 (4) a product that has a covered circuit board, a covered battery, or a cathode-ray tube
41.8contained within it or otherwise attached or connected to it, except;
41.9 (i) a medical device meeting the definition of a device under United States Code, title
41.1021, section 321, unless it is marketed for use in a household, as defined in section 115A.96;
41.11and
41.12 (ii) a motor vehicle, as defined in section 168.002.
41.13 (k) "Covered services" means collection, sorting, storage, transport, processing, repair,
41.14refurbishment, reuse, recycling, or disposal of covered products, other electrical products,
41.15and residual materials.
41.16 (l) "De minimis producer" means a producer that, in the most recent calendar year, had
41.17fewer than 100 covered products that were sold in or into the state and for which the producer
41.18was responsible.
41.19 (m) "Facilitate a sale" means to assist a person in transferring title or possession of a
41.20covered product or other electrical product, regardless of whether title or possession is ever
41.21acquired by the person facilitating a sale, such as by operating an online marketplace,
41.22publishing an offer for sale on a website, physically storing inventory of products, entering
41.23into a contract to allow another person to list a product for sale, processing payment on
41.24behalf of another person, entering into a contract with a buyer or a seller related to a sale,
41.25or otherwise providing a sales process. Facilitate a sale does not include acting solely as:
41.26 (1) an advertiser;
41.27 (2) a payment processor; or
41.28 (3) a common carrier.
41.29 (n) "Independent auditor" means an independent and actively licensed certified public
41.30accountant that is:
41.31 (1) retained by the stewardship organization;
41Article 2 Sec. 11.
25-02506 as introduced02/10/25 REVISOR CKM/KR 42.1 (2) not otherwise employed by or affiliated with the stewardship organization; and
42.2 (3) qualified to conduct an audit under section 115A.1337, subdivision 5, paragraph (b),
42.3clause (6).
42.4 (o) "Other electrical product" means an appliance or tool that is powered by electricity
42.5provided through a flexible cord with an attached standardized plug intended for temporary,
42.6manual connection to the electrical distribution system in a residential or commercial
42.7structure. Other electrical product does not include:
42.8 (1) a covered product;
42.9 (2) a major appliance;
42.10 (3) an appliance or tool powered by electrical power of greater than 240 volts alternating
42.11current; or
42.12 (4) an appliance or tool designed, manufactured, and intended solely for use in
42.13manufacturing, industrial, or other commercial settings.
42.14 (p) "Participant" means a producer that is named by the stewardship organization as
42.15meeting the producer's obligations under sections 115A.1331 to 115A.1347 to contract with
42.16a stewardship organization and to pay for a stewardship program that meets the producer's
42.17obligations on the producer's behalf.
42.18 (q) "Permanent year-round collection site" means a collection site that is open at least
42.1912 operating hours per week, 50 weeks each calendar year.
42.20 (r) "Producer" means, with respect to a covered product or other electrical product that
42.21is sold, including online sales; offered for sale or promotional purposes; or distributed in
42.22or into the state:
42.23 (1) a person that manufactured:
42.24 (i) the covered product;
42.25 (ii) any component of the covered product if the component is also a covered product;
42.26or
42.27 (iii) the other electrical product;
42.28 (2) a person that imported into the United States:
42.29 (i) the covered product;
42.30 (ii) any component of the covered product if the component is also a covered product;
42.31or
42Article 2 Sec. 11.
25-02506 as introduced02/10/25 REVISOR CKM/KR 43.1 (iii) the other electrical product; and
43.2 (3) a person that owns or controls or is licensed to use a brand under which the covered
43.3product or other electrical product is sold, including online sales; offered for sale or
43.4promotional purposes; or distributed in or into the state.
43.5 (s) "Responsible market" means a market for covered products and other electrical
43.6products, for reusable or repairable components of covered products and other electrical
43.7products, for reclaimed materials from covered products and other electrical products, or
43.8for any other recyclable residues from covered products and other electrical products that:
43.9 (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a
43.10manner that protects the environment and minimizes risks to public health and worker health
43.11and safety;
43.12 (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and
43.13other laws governing environmental, health, safety, and financial responsibility;
43.14 (3) possesses all licenses and permits required by a federal or state agency or political
43.15subdivision;
43.16 (4) if operating in the state, recycles covered products and other electrical products to
43.17the maximum extent practicable in accordance with section 115A.02, paragraph (b); and
43.18 (5) minimizes adverse impacts to environmental justice areas.
43.19 (t) "Stewardship organization" means a nonprofit organization as described in section
43.20501(c)(3) of the Internal Revenue Code that enters into a contract with producers to draft
43.21and submit a plan for, implement, and administer a stewardship program under sections
43.22115A.1331 to 115A.1347 on the producers' behalf.
43.23 (u) "Stewardship plan" means a plan that is prepared according to section 115A.1335
43.24and submitted to the commissioner by a stewardship organization.
43.25 (v) "Stewardship program" means a system implemented by a stewardship organization
43.26that provides and pays for covered services and all other activities described in a stewardship
43.27plan approved by the commissioner under section 115A.1335, subdivision 4.
43.28 EFFECTIVE DATE.This section is effective the day following final enactment.
43Article 2 Sec. 11.
25-02506 as introduced02/10/25 REVISOR CKM/KR 44.1 Sec. 12. [115A.1333] COVERED PRODUCTS REIMBURSEMENT BOARD.
44.2 Subdivision 1.Establishment.The Covered Products Reimbursement Board is
44.3established to recommend reimbursement rates to the commissioner. Except as provided in
44.4this section, chapter 15 does not apply to the board.
44.5 Subd. 2.Membership.(a) By January 1, 2026, the commissioner must appoint the initial
44.6membership of the Covered Products Reimbursement Board. Membership must consist of:
44.7 (1) two members representing household hazardous waste collection programs established
44.8under section 115A.96;
44.9 (2) two members representing collectors, according to paragraph (c); and
44.10 (3) four members representing and nominated by the stewardship organization.
44.11 (b) In making appointments under paragraph (a), the commissioner may not appoint
44.12persons who are:
44.13 (1) current or elected Minnesota state representatives or senators;
44.14 (2) required to register as lobbyists under section 10A.03; or
44.15 (3) employees of the agency.
44.16 (c) Initial appointments under paragraph (a), clause (2), must represent potential
44.17collectors. After January 1, 2027, whenever the terms of these members expire according
44.18to subdivision 3, the new appointments must represent collectors. Members appointed under
44.19paragraph (a), clause (2), must not represent household hazardous waste collection programs
44.20established under section 115A.96.
44.21 Subd. 3.Terms; removal.Members serve for a term of four years, except that one
44.22member appointed under subdivision 2, paragraph (a), clause (1); one member appointed
44.23under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision
44.242, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that
44.25membership terms are staggered. Members may be reappointed to another term following
44.26the end of a term. The removal of members is governed by section 15.059, subdivision 4.
44.27 Subd. 4.Quorum; voting.Meetings of the board must have at least a quorum of
44.28members, consisting of six members. Recommendations of the board require the affirmative
44.29vote of at least five members.
44.30 Subd. 5.Administrative support; facilitator.(a) The commissioner must provide
44.31administrative support to the board. The commissioner must ensure that all activities of the
44.32board that require public notice, such as notice of meetings, agendas and materials related
44Article 2 Sec. 12.
25-02506 as introduced02/10/25 REVISOR CKM/KR 45.1to agenda items, and minutes, are published on the agency's publicly accessible website.
45.2The commissioner must provide meeting space and public access for meetings conducted
45.3by telephone or interactive technology.
45.4 (b) The commissioner must contract for a professional facilitator for the board. The
45.5facilitator must schedule and chair the meetings of the board but is not a member for purposes
45.6of quorum or voting. The facilitator must ensure that all activities of the board that require
45.7public notice are timely provided to the commissioner for publication.
45.8 Subd. 6.Meetings.(a) The board must meet at least biannually and as necessary to meet
45.9the requirements of subdivisions 7 to 9. Meetings may be scheduled at the request of the
45.10facilitator or a majority of the members.
45.11 (b) The board must comply with the Open Meeting Law under chapter 13D.
45.12 Subd. 7.Recommendations for reimbursement rates.(a) By July 1, 2026, and annually
45.13thereafter, the board must submit to the commissioner a recommendation for reimbursement
45.14rates to collectors for the following calendar year.
45.15 (b) Recommended rates may be differentiated by any methods recommended by
45.16consensus of the board, such as local property lease or purchase costs, prevailing local
45.17wages, or other factors.
45.18 (c) Recommended rates must cover all costs of collecting covered products and other
45.19electrical products incurred by collectors, including at least:
45.20 (1) labor and overhead;
45.21 (2) covered services performed by a collector in accordance with section 115A.1337,
45.22subdivision 1, paragraph (b);
45.23 (3) necessary collection and storage structures and containers as provided in section
45.24115A.1347, subdivision 1, paragraph (d);
45.25 (4) employee training;
45.26 (5) necessary safety equipment, including appropriate fire protection and suppression
45.27equipment and supplies; and
45.28 (6) any other costs determined necessary by the commissioner.
45.29 (b) In making determinations under paragraph (a), clause (6), the commissioner may
45.30consider data submitted according to section 115A.1337, subdivision 5; the volume of
45.31covered products collected; the estimated volume of covered products sold in or into the
45Article 2 Sec. 12.
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
46.2related to the effectiveness of the stewardship program.
46.3 (c) The board must also consider any additional financial incentives necessary to induce
46.4collectors to join the stewardship program in locations that would otherwise not be served,
46.5so that the stewardship organization can meet or exceed the required convenience standards
46.6under section 115A.1335, subdivision 3.
46.7 Subd. 8.Review and approval of reimbursement rates.(a) Within 90 days after
46.8receiving a recommendation on reimbursement rates submitted under subdivision 7, the
46.9commissioner must review the recommendation and approve or reject the recommendation.
46.10 (b) In conducting a review of a recommendation, the commissioner may consult with
46.11interested parties.
46.12 (c) For at least 30 days and before approving a recommendation under this subdivision,
46.13the commissioner must post the recommendation on the agency's publicly accessible website
46.14for public review and comment.
46.15 (d) If the commissioner determines that a recommendation does not meet the requirements
46.16of this section, the commissioner must reject the recommendation. The commissioner must
46.17provide a written notice of determination describing the reasons for the rejection to the
46.18board. The board must meet as necessary to submit a revised recommendation to the
46.19commissioner.
46.20 (e) After consultation under paragraph (b) and review of public comments under
46.21paragraph (c), if the commissioner determines that a recommendation meets the requirements
46.22of this section, the commissioner may approve the recommendation. The commissioner
46.23must provide a written notice of approval to the board and to the stewardship organization.
46.24In the notice, the commissioner must specify the effective date of the approved reimbursement
46.25rates.
46.26 (f) The stewardship organization must publish approved reimbursement rates on its
46.27publicly accessible website within 30 days after receiving the commissioner's written notice
46.28of approval. The commissioner may also publish the approved reimbursement rates on the
46.29agency's publicly accessible website.
46.30 Subd. 9.More-frequent rate changes.The board may, for good cause, submit a
46.31recommendation for reimbursement rates to the commissioner at less than an annual interval.
46.32The commissioner must review the recommendation according to subdivision 8. If the
46Article 2 Sec. 12.
25-02506 as introduced02/10/25 REVISOR CKM/KR 47.1commissioner rejects the recommendation, then the previously approved reimbursement
47.2rates for that calendar year continue to be in effect.
47.3 EFFECTIVE DATE.This section is effective the day following final enactment.
47.4 Sec. 13. [115A.1335] STEWARDSHIP PLAN AND BUDGET.
47.5 Subdivision 1.Due date.By October 1, 2026, all producers must contract with a single
47.6stewardship organization to act on the producers' behalf. By that date, the stewardship
47.7organization must submit a single stewardship plan meeting the requirements of subdivision
47.82 to the commissioner to review for approval or rejection.
47.9 Subd. 2.Plan content; budget requirement.(a) The stewardship plan must include:
47.10 (1) identification of and contact information for the stewardship organization;
47.11 (2) identification of and contact information for all participants in the stewardship
47.12program;
47.13 (3) identification of and contact information for each collector; each person providing
47.14covered services for covered products or other electrical products, including any collector
47.15that will perform covered services other than collection; and each facility at which covered
47.16products and other electrical products will be managed under the stewardship plan;
47.17 (4) the address; county of location; and, in a form prescribed by the commissioner,
47.18geolocation data for each collection site to be used by the stewardship organization under
47.19the stewardship program;
47.20 (5) a list of the brands covered under the stewardship program;
47.21 (6) eligibility criteria for prospective collectors of covered products and other electrical
47.22products under the stewardship program according to section 115A.1337, subdivision 3,
47.23paragraph (c);
47.24 (7) a description of how the stewardship program will accept and provide covered services
47.25and reimbursement under this section to any household hazardous waste collection program
47.26established under section 115A.96 in a manner that is equal to the services and reimbursement
47.27provided to all other collectors, if the operator of the household hazardous waste collection
47.28program requests covered services and reimbursement;
47.29 (8) a description of how the stewardship program will provide convenient, statewide
47.30collection according to subdivision 3;
47Article 2 Sec. 13.
25-02506 as introduced02/10/25 REVISOR CKM/KR 48.1 (9) a description of how the stewardship organization will annually monitor and ensure
48.2continuing compliance with the convenience standards under subdivision 3;
48.3 (10) a description of how the stewardship organization will provide each collector served
48.4by the stewardship program with the materials specified in section 115A.1337, subdivision
48.51, including specifications for appropriate containers, signage templates, and a copy of all
48.6training and educational materials to be provided;
48.7 (11) a description of how collection sites will be accessible according to section
48.8115A.1337, subdivision 2;
48.9 (12) the performance standards for persons providing covered services for covered
48.10products and other electrical products on behalf of the stewardship organization and the
48.11oversight methods by which the stewardship organization will ensure continuing compliance
48.12with the performance standards. The performance standards must:
48.13 (i) meet the requirements of section 115A.1337, subdivision 3; and
48.14 (ii) ensure that covered products, other electrical products, and materials resulting from
48.15recycling of covered products and other electrical products are managed through responsible
48.16markets;
48.17 (13) a description of methods by which the stewardship organization will ensure that
48.18covered products and any other electrical products that are waste for which the stewardship
48.19organization is responsible are managed while in the state in compliance with rules adopted
48.20under section 116.07 for managing solid waste and hazardous waste and, when outside the
48.21state, with all federal, state, and local requirements applicable to managing solid waste and
48.22hazardous waste, as applicable;
48.23 (14) a description of methods by which the stewardship organization will ensure that
48.24covered products and any other electrical products for which the stewardship organization
48.25is responsible are managed in compliance with safety and health requirements for employees
48.26administered by the Department of Labor and Industry and with fire protection requirements
48.27administered by the Department of Public Safety while in the state and, when outside the
48.28state, with all federal, state, and local requirements applicable to safety and health
48.29requirements for employees and fire protection requirements;
48.30 (15) a description of methods by which the stewardship organization will ensure that
48.31covered products and other electrical products for which the stewardship organization is
48.32responsible are transported in compliance with applicable regulations incorporated by
48.33reference under section 221.033 for transporting hazardous materials while in the state and,
48Article 2 Sec. 13.
25-02506 as introduced02/10/25 REVISOR CKM/KR 49.1when outside the state, with all federal, state, and local requirements applicable to
49.2transportation of hazardous materials;
49.3 (16) a statement of indemnification by the stewardship organization to collectors for
49.4potential liability for improper downstream management of covered products and other
49.5electrical products or residual materials by providers of covered services contracted for by
49.6the stewardship organization and identified in the stewardship plan under clause (3);
49.7 (17) a description of how the stewardship organization will determine the mass of covered
49.8products and other electrical products for which it has provided covered services under the
49.9stewardship program by county of collection and, for covered batteries and covered products
49.10that have covered batteries contained within them or otherwise attached or connected to
49.11them, by battery chemistry;
49.12 (18) a description of the outreach and education methods and activities that the
49.13stewardship organization will provide according to section 115A.1337, subdivision 4;
49.14 (19) a description of how the stewardship organization will employ at least one full-time
49.15employee who is solely dedicated to implementing the stewardship program in this state
49.16and serving as the primary contact between the stewardship organization and the agency;
49.17 (20) a description of the system by which the stewardship organization will provide
49.18advance funding of or reimbursement to collectors in a manner that provides:
49.19 (i) a clear process for submitting and paying invoices;
49.20 (ii) reasonable timelines for reimbursement, at intervals no longer than monthly unless
49.21otherwise agreed to by the person providing covered services to be reimbursed; and
49.22 (iii) a third-party mediator to resolve disputes that arise between the stewardship
49.23organization and a person providing covered services regarding determining or paying
49.24reimbursements;
49.25 (21) identification of groups of producers, such as by industry, covered product and
49.26other electrical product type, or other method proposed by the stewardship organization,
49.27and the proposed allocation of stewardship program costs among the groups of producers,
49.28such that the costs of managing covered products or other electrical products produced by
49.29a group of producers are not borne by other groups of producers;
49.30 (22) a description of how the stewardship organization will comply with subdivision 6,
49.31paragraph (b);
49Article 2 Sec. 13.
25-02506 as introduced02/10/25 REVISOR CKM/KR 50.1 (23) a description of how the stewardship organization will assist producers in complying
50.2with the labeling requirements of section 115A.1347, subdivision 2, paragraph (a);
50.3 (24) a description of how the stewardship organization will ensure that covered products
50.4and other electrical products managed under the stewardship program are recycled to the
50.5maximum extent practicable in accordance with section 115A.02, paragraph (b);
50.6 (25) a description of how the stewardship organization will incentivize investment in
50.7processes, product design and material use, technology, and personnel training that could
50.8raise the future maximum extent practicable for recycling described in clause (24), including
50.9consideration of covered product reuse, repair, and product life cycle;
50.10 (26) a description of how the stewardship organization will annually report to the
50.11commissioner the number, type, and volume of covered products and other electrical products
50.12collected during each calendar year, specifying the categories of the covered products and
50.13other electrical products and the chemistries of the covered batteries collected;
50.14 (27) a description of how the stewardship organization will annually report to the
50.15commissioner the end management, through reuse, repair, reclamation, recycling, or disposal,
50.16of the covered products and other electrical products shipped from collection sites under
50.17the stewardship program during each calendar year; and
50.18 (28) a description of how the stewardship organization will take action to decrease the
50.19incidence of covered products in solid waste in the state according to section 115A.1337,
50.20subdivision 4, paragraph (c).
50.21 (b) By January 1, 2027, and by April 1 each year thereafter, the stewardship organization
50.22must submit an anticipated annual budget for the stewardship program, broken down into
50.23the stewardship program's estimated costs for administration, collection, sorting, storage,
50.24transportation, processing, refurbishment, repair, reuse, recycling, disposal, and
50.25communication costs, including the cost of fees under section 115A.1339 but not including
50.26costs for lobbying, costs associated with litigation against the state, or penalties imposed
50.27by the state. The budget is not subject to review and approval under subdivisions 4 and 5.
50.28 Subd. 3.Convenience standards.(a) The stewardship plan must provide convenient,
50.29statewide collection for all covered products that are offered to collectors by a person in the
50.30state, regardless of:
50.31 (1) a covered product's brand;
50.32 (2) a covered battery's energy capacity or chemistry;
50Article 2 Sec. 13.
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;
51.2or
51.3 (4) whether the brand of a covered product is covered under the stewardship program.
51.4 (b) The stewardship plan must meet the following convenience standards:
51.5 (1) for each county with a population of 10,000 or less, maintain at least two permanent
51.6year-round collection sites;
51.7 (2) for each county with a population greater than 10,000 but less than or equal to
51.8100,000, maintain at least two permanent year-round collection sites and at least one
51.9additional permanent year-round collection site for each additional 10,000 in population
51.10above a population of 10,000;
51.11 (3) for each county with a population greater than 100,000, maintain at least 11 permanent
51.12year-round collection sites and at least one additional permanent year-round collection site
51.13for each additional 50,000 in population above a population of 100,000;
51.14 (4) maintain a permanent year-round collection site located within ten miles of the
51.15household of at least 95 percent of the residents of the state; and
51.16 (5) any additional convenience standards that the commissioner determines are necessary
51.17to provide convenient, statewide collection for covered products.
51.18 (c) In making a determination under paragraph (b), clause (5), the commissioner may
51.19consider data submitted according to section 115A.1337, subdivision 5; the volume of
51.20covered products collected; the estimated volume of covered products sold in or into the
51.21state; the estimated volume of covered products disposed of in the state; and other information
51.22related to the effectiveness of the stewardship program.
51.23 Subd. 4.Review of stewardship plan; implementation.(a) Within 120 days after
51.24receiving a complete stewardship plan submitted under this section, the commissioner must
51.25determine whether the stewardship plan complies with the requirements of this section and
51.26will ensure that elements required by subdivision 2, paragraph (a), will be met to the
51.27maximum extent practicable. The commissioner must provide a written notice of
51.28determination according to this subdivision.
51.29 (b) In conducting a review of a stewardship plan, the commissioner may consult with
51.30interested parties.
51Article 2 Sec. 13.
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
52.2place the stewardship plan on the agency's publicly accessible website for public review
52.3and comment.
52.4 (d) If the commissioner determines that a stewardship plan fails to meet the requirements
52.5of this section or will not ensure that elements required by subdivision 2, paragraph (a), will
52.6be met to the maximum extent practicable, the commissioner must reject the stewardship
52.7plan. The commissioner must provide a written notice of determination to the stewardship
52.8organization describing the reasons for the rejection.
52.9 (e) After any consultation under paragraph (b) and review of public comments received
52.10under paragraph (c), if the commissioner determines that a stewardship plan meets the
52.11requirements of subdivision 2, the commissioner must approve the stewardship plan. The
52.12commissioner must provide a written notice of determination to the stewardship organization.
52.13 (f) The stewardship organization must publish its approved stewardship plan on its
52.14publicly accessible website within 30 days after receiving written notice of approval but is
52.15not required to publish nonpublic data as defined under chapter 13. The commissioner may
52.16publish the approved stewardship plan on the agency's publicly accessible website but must
52.17not publish nonpublic data.
52.18 (g) The stewardship organization must implement the stewardship plan approved by the
52.19commissioner, including any amendments to the stewardship plan that are approved by the
52.20commissioner according to subdivision 5, within 60 days after receiving written notice of
52.21approval.
52.22 (h) For each stewardship plan or amendment submitted to the commissioner for review,
52.23the commissioner may consider the data submitted according to section 115A.1337,
52.24subdivision 5, and other relevant information to establish requirements to improve the
52.25effectiveness, performance, and awareness of the stewardship program.
52.26 Subd. 5.Amending or terminating stewardship plan.(a) The stewardship organization
52.27may amend a stewardship plan approved under subdivision 4 without review or approval
52.28by the commissioner to make the changes specified in clauses (1) to (3). Within 30 days
52.29after adopting an amendment under this paragraph, the stewardship organization must report
52.30the amendment to the commissioner and must publish the amended stewardship plan on the
52.31stewardship organization's publicly accessible website. The stewardship organization must
52.32implement amendments made to a stewardship plan under this paragraph within 60 days
52.33after adopting the amendment. The stewardship organization may:
52Article 2 Sec. 13.
25-02506 as introduced02/10/25 REVISOR CKM/KR 53.1 (1) add, terminate, or replace a collector, collection site, person providing covered
53.2services, or facility at which covered services will be performed;
53.3 (2) add or remove participants or brands covered under the stewardship plan; or
53.4 (3) change contact staff or contact staff information for the stewardship organization,
53.5participants, collectors, persons transporting covered products or other electrical products,
53.6or facilities to be used for storage, processing, recycling, or disposal.
53.7 (b) Except for an amendment under paragraph (a), a proposed amendment to a
53.8stewardship plan approved under subdivision 4 must be submitted to and reviewed and
53.9approved by the commissioner before it may be implemented by the stewardship organization.
53.10The commissioner must review and approve or reject the proposed amendment according
53.11to subdivision 4.
53.12 (c) The stewardship organization with an approved stewardship plan must submit an
53.13amended stewardship plan for review at least every five years according to this subdivision
53.14and subdivision 4 if the stewardship organization has not during that time submitted
53.15amendments for review under paragraph (b).
53.16 (d) The stewardship organization may terminate a stewardship plan by providing at least
53.1790 days' written notice to the commissioner and to all participants in the stewardship program.
53.18Before the stewardship plan is terminated, each participant must meet the requirements of
53.19section 115A.1335, subdivision 1, by contracting with a new stewardship organization,
53.20which must submit and obtain the commissioner's approval for a stewardship plan.
53.21 (e) The commissioner may terminate a stewardship plan for good cause, such as
53.22significant noncompliance with this section; failure to ensure that covered products and
53.23other electrical products collected in the state are being managed in responsible markets
53.24and according to subdivision 2, paragraph (a), clauses (13) to (15); failure to timely submit
53.25a stewardship plan for review according to paragraph (c); or failure to pay fees assessed
53.26under section 115A.1339. If the commissioner terminates a stewardship plan, the
53.27commissioner must provide the stewardship organization with written notice of termination
53.28describing the good cause for termination. The commissioner must also notify all participants
53.29in the stewardship program in writing using the contact information for the participants
53.30provided in the stewardship plan.
53.31 Subd. 6.Compliance.(a) The stewardship organization must comply with its stewardship
53.32plan approved by the commissioner, including any amendments to the stewardship plan
53.33that are made according to subdivision 5, paragraph (a) or (b).
53Article 2 Sec. 13.
25-02506 as introduced02/10/25 REVISOR CKM/KR 54.1 (b) The stewardship organization must comply with the reimbursement rates approved
54.2by the commissioner.
54.3 (c) The stewardship organization must ensure that all costs of the stewardship program
54.4are fully paid for by producers as a whole, except for de minimis producers. All costs of
54.5the stewardship program must be allocated between groups of producers without any fee,
54.6charge, surcharge, or any other cost to:
54.7 (1) any member of the public;
54.8 (2) any business other than a producer;
54.9 (3) any collector;
54.10 (4) any person providing covered services;
54.11 (5) the state or any political subdivision;
54.12 (6) de minimis producers; or
54.13 (7) any other person who is not a producer.
54.14 EFFECTIVE DATE.This section is effective January 1, 2027.
54.15Sec. 14. [115A.1337] STEWARDSHIP ORGANIZATION DUTIES.
54.16 Subdivision 1.Duties to collectors.(a) The stewardship organization must provide the
54.17following to each collector:
54.18 (1) reimbursement at the rates approved by the commissioner;
54.19 (2) all covered services after the initial collection of covered products and other electrical
54.20products by the collector;
54.21 (3) containers as described in section 115A.1347, subdivision 1, paragraph (d);
54.22 (4) consistent signage identifying a collection site;
54.23 (5) training for collection site employees on identifying and safely handling and storing
54.24covered batteries and covered products that have covered batteries contained within them
54.25or otherwise attached or connected to them, including damaged, defective, or recalled
54.26batteries, also known as DDR batteries;
54.27 (6) educational materials that address the information described in subdivision 4,
54.28paragraph (a), clause (3), for distribution to members of the public and businesses in
54.29Minnesota. The educational materials must be made available in English and at least the
54Article 2 Sec. 14.
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
55.2the state demographer; and
55.3 (7) direction to an alternate collector whenever a collector determines and reports to the
55.4stewardship organization, according to section 115A.1341, subdivision 1, paragraph (d),
55.5that the collector cannot safely collect a covered product. The stewardship organization
55.6must ensure that the covered product is collected by another collector.
55.7 (b) The stewardship organization must allow a collector to perform covered services if
55.8the collector meets the performance standards in the stewardship plan under section
55.9115A.1335, subdivision 2, paragraph (a), clause (12), and the collector is identified in the
55.10stewardship plan as providing covered services other than collection according to section
55.11115A.1335, subdivision 2, paragraph (a), clause (3).
55.12 (c) For covered services provided under paragraph (b), the stewardship organization
55.13must reimburse the collector for the cost of the performed covered services according to
55.14section 115A.1335, subdivision 2, paragraph (a), clause (20).
55.15 (d) A collector may request the stewardship organization to add a person to provide
55.16covered services to the stewardship plan as an amendment under section 115A.1335,
55.17subdivision 5, paragraph (a), and the stewardship organization must consider the request if
55.18the person meets the performance standards in the stewardship plan.
55.19 Subd. 2.Accessibility.(a) The stewardship organization must provide convenient,
55.20equitable, and accessible service to all Minnesotans, including but not limited to people of
55.21color; Minnesota Tribal governments as defined in section 10.65, subdivision 2; those that
55.22are non-English speaking; immigrant and refugee communities; those with limited access
55.23to transportation; and those in environmental justice areas.
55.24 (b) The stewardship program must include collection opportunities beyond those required
55.25under section 115A.1335, subdivision 3, to better serve populations under paragraph (a),
55.26such as individual pickup from households and temporary events to provide enhanced
55.27collection availability.
55.28 (c) Where feasible, the stewardship organization must encourage establishing collection
55.29sites in proximity to local public transit.
55.30 Subd. 3.Oversight; collector eligibility.(a) The stewardship organization must ensure
55.31that:
55Article 2 Sec. 14.
25-02506 as introduced02/10/25 REVISOR CKM/KR 56.1 (1) covered products and other electrical products managed under the stewardship
56.2program are recycled to the maximum extent practicable in accordance with section 115A.02,
56.3paragraph (b); and
56.4 (2) residual materials are managed in compliance with applicable hazardous waste or
56.5solid waste requirements by:
56.6 (i) each person transporting covered products or other electrical products; and
56.7 (ii) each facility listed in the stewardship plan at which storage, processing, recycling,
56.8or disposal of covered products and other electrical products is performed.
56.9 (b) To ensure that covered products and other electrical products are managed to the
56.10maximum extent practicable in accordance with section 115A.02, paragraph (b), the
56.11commissioner may require performance standards and oversight methods in lieu of or in
56.12addition to the performance standards and oversight methods used by a stewardship
56.13organization under paragraph (a) and section 115A.1335, subdivision 2, paragraph (a),
56.14clause (12), for persons providing covered services for covered products and other electrical
56.15products. The commissioner may consider data submitted under subdivision 5; the availability
56.16and feasibility of technology, processes, and methods for managing covered products and
56.17other electrical products; and other information related to the effectiveness of the stewardship
56.18program.
56.19 (c) The stewardship organization must allow any person meeting the eligibility criteria
56.20to serve as a collector. Except for a household hazardous waste collection program established
56.21under section 115A.96, a stewardship organization may terminate a collector and cease
56.22payment to the collector for good cause. Except as provided for in section 115A.1341,
56.23subdivision 2, the eligibility criteria must include agreement by collectors to accept covered
56.24products of any brand, any physical size, and, in the case of covered batteries and covered
56.25products that have covered batteries contained within them or otherwise attached or connected
56.26to them, any energy capacity or chemistry.
56.27 Subd. 4.Stewardship program effectiveness.(a) To support the effectiveness of the
56.28stewardship program, the stewardship organization must provide outreach and education
56.29to:
56.30 (1) persons that might sell, offer for sale or promotional purposes, or distribute covered
56.31products or other electrical products in or into the state, to inform the persons of the
56.32requirements of section 115A.1347, subdivision 2;
56Article 2 Sec. 14.
25-02506 as introduced02/10/25 REVISOR CKM/KR 57.1 (2) potential collectors and persons who are collecting covered products before the
57.2effective date of this section to inform the collectors how to request coverage by the
57.3stewardship program; and
57.4 (3) members of the public to raise awareness of:
57.5 (i) public health and safety and environmental risks caused by improperly charging,
57.6storing, and disposing of covered batteries and covered products that have covered batteries
57.7contained within them or otherwise attached or connected to them;
57.8 (ii) public health and environmental risks caused by improperly disposing of covered
57.9products;
57.10 (iii) methods to safely charge and store covered batteries and covered products that have
57.11covered batteries contained within them or otherwise attached or connected to them;
57.12 (iv) the benefits of repairing, reusing, and recycling covered products and other electrical
57.13products in contrast to disposal; and
57.14 (v) the existence of the stewardship program and the ability to recycle covered products
57.15and other electrical products at no cost, including the location and convenience of collection
57.16sites in the state.
57.17 (b) The stewardship organization must maintain a publicly accessible website to locate
57.18collection sites through map-based and text-based searches.
57.19 (c) The stewardship organization must, in addition to the requirements of paragraphs
57.20(a) and (b), take action to decrease the incidence of covered products in solid waste generated
57.21in the state as soon as practicable and to the maximum extent achievable. The commissioner
57.22may determine the effectiveness of the stewardship program using information from waste
57.23composition studies conducted under section 115A.412 and other information available to
57.24the commissioner and may require the stewardship organization to submit information and
57.25implement actions to decrease the incidence of covered products in solid waste in accordance
57.26with section 115A.1335, subdivision 2, paragraph (a), clause (28).
57.27 Subd. 5.Reporting.(a) The stewardship organization must report an amendment to the
57.28stewardship plan made under section 115A.1335, subdivision 5, paragraph (a), to the
57.29commissioner within 30 days after making the amendment.
57.30 (b) By April 1 each year, the stewardship organization must report to the commissioner,
57.31in a form and manner prescribed by the commissioner, on the stewardship organization's
57.32activities during the preceding calendar year. The stewardship organization must also submit
57.33a copy of the report to the board. The report must include:
57Article 2 Sec. 14.
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
58.2the stewardship organization under the stewardship program during the preceding calendar
58.3year;
58.4 (2) the number, type, and volume of covered products and other electrical products
58.5collected during each calendar year, specifying the categories of the covered products and
58.6other electrical products and the chemistries of the covered batteries collected, in accordance
58.7with section 115A.1335, subdivision 2, paragraph (a), clause (26);
58.8 (3) the end management, through reuse, repair, reclamation, recycling, or disposal, of
58.9the covered products and other electrical products shipped from collection sites under the
58.10stewardship program, in accordance with section 115A.1335, subdivision 2, paragraph (a),
58.11clause (27);
58.12 (4) the results of the oversight according to section 115A.1335, subdivision 2, paragraph
58.13(a), clause (12), verifying that the performance standards were met by each of the persons
58.14providing covered services;
58.15 (5) a description of outreach and education activities performed by the stewardship
58.16organization during the preceding calendar year according to subdivision 4;
58.17 (6) a financial report on the stewardship program, including actual costs and funding
58.18compared to the budget for the year submitted under section 115A.1335, subdivision 2,
58.19paragraph (b). The financial report must include an audit report of the stewardship program
58.20by an independent auditor. The independent auditor must be selected by the stewardship
58.21organization and approved or rejected by the commissioner. If the commissioner rejects an
58.22independent auditor, the stewardship organization must select a different independent auditor
58.23for approval or rejection by the commissioner. The independent audit must meet the
58.24requirements of Accounting Standards Update 2018-08, Not-for-Profit Entities (Topic 958),
58.25Financial Accounting Standards Board, as amended;
58.26 (7) the proposed and actual budget for the year in which the report is submitted; and
58.27 (8) starting on the second April after the stewardship organization's first stewardship
58.28plan is approved by the commissioner, and then every third year thereafter, a performance
58.29audit of the stewardship program. The performance audit must conform to audit standards
58.30established by the United States Government Accountability Office; the National Association
58.31of State Auditors, Comptrollers and Treasurers; or another nationally recognized organization
58.32approved by the commissioner.
58.33 EFFECTIVE DATE.This section is effective January 1, 2027.
58Article 2 Sec. 14.
25-02506 as introduced02/10/25 REVISOR CKM/KR 59.1 Sec. 15. [115A.1339] FEES.
59.2 Subdivision 1.Annual fees.(a) By January 1, 2027, and by July 1 each year thereafter,
59.3the commissioner must calculate the sum of all costs that the agency incurs under sections
59.4115A.1331 to 115A.1347, exclusive of recovery and management of covered products under
59.5subdivision 2. The sum calculated for the period preceding January 1, 2027, must include
59.6the agency's costs from enacting sections 115A.1331 to 115A.1347. For the purposes of
59.7this paragraph, costs of the board are considered costs incurred by the agency.
59.8 (b) Notwithstanding section 16A.1283, the commissioner must assess an annual
59.9administrative fee at an amount that is adequate to reimburse the agency's sum costs of
59.10administering sections 115A.1331 to 115A.1347. The stewardship organization must pay
59.11the assessed annual administrative fee by the due date set by the commissioner.
59.12 Subd. 2.Recovery and proper management fees.(a) When the commissioner intends
59.13to spend money for the recovery and proper management of covered products under section
59.14115A.1343, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess
59.15the estimated cost of recovery and proper management of covered products to the stewardship
59.16organization.
59.17 (b) The cost under paragraph (a) must not include any subsequent remediation of the
59.18real properties where the covered products are located nor the cost of any environmental
59.19assessment of the properties to determine appropriate subsequent remediation under other
59.20law. Such costs must not be paid from any funds assessed, collected, or appropriated under
59.21this section. The stewardship organization must pay the assessed recovery and management
59.22fee by the due date set by the commissioner.
59.23 (c) If, after the covered products have been recovered and properly managed, the actual
59.24cost of recovery and proper management of the recovered products is less than the fee paid
59.25by the stewardship organization, the commissioner must refund the excess payment. If the
59.26cost of recovery and proper management exceeds the fee paid by the stewardship
59.27organization, the commissioner must assess the stewardship organization for the deficit.
59.28The stewardship organization must pay the assessed recovery and management fee deficit
59.29by the due date set by the commissioner.
59.30 Subd. 3.Disposition of fees.The total amount of net fees collected under this section
59.31must not exceed the amount necessary to reimburse agency costs as calculated under
59.32subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the
59.33state treasury and credited to a product stewardship account in the special revenue fund.
59Article 2 Sec. 15.
25-02506 as introduced02/10/25 REVISOR CKM/KR 60.1The amount collected under this section is annually appropriated to the commissioner to
60.2implement and enforce sections 115A.1331 to 115A.1347.
60.3 EFFECTIVE DATE.This section is effective January 1, 2027.
60.4 Sec. 16. [115A.1341] COLLECTOR DUTIES.
60.5 Subdivision 1.Accepting covered products.(a) A collector must accept at least ten
60.6covered products from a person daily without imposing a fee, charge, surcharge, or other
60.7cost to any person other than the stewardship organization. A collector may voluntarily
60.8agree to accept any number of additional covered products daily from a person but may not
60.9impose a fee, charge, surcharge, or other cost to any person other than the stewardship
60.10organization to do so.
60.11 (b) A collector must accept from a person any covered product of any brand, any physical
60.12size, and, in the case of covered batteries and covered products that have covered batteries
60.13contained within them or otherwise attached or connected to them, any energy capacity or
60.14chemistry, unless the collector determines a specific covered product cannot be safely
60.15collected by the collector at a specific collection site at a specific time.
60.16 (c) Notwithstanding paragraph (a), a household hazardous waste collection program
60.17established under section 115A.96 may limit the persons from which the collection program
60.18accepts covered products and may limit the number of covered products the collection
60.19program will accept daily from a person. A household hazardous waste collection program
60.20established under section 115A.96 is not subject to paragraph (b). However, the stewardship
60.21organization may not include the household hazardous waste collection program when
60.22demonstrating compliance with the convenience standards of section 115A.1335, subdivision
60.233, unless the household hazardous waste collection program voluntarily agrees in writing
60.24with the stewardship organization to comply with both paragraphs (a) and (b).
60.25 (d) A collector that determines that it cannot safely accept a specific covered product
60.26must document the reason for not accepting the covered product and immediately notify
60.27the stewardship organization of the nonacceptance in order to allow the stewardship
60.28organization to arrange for alternate collection of the covered product under section
60.29115A.1337, subdivision 1, paragraph (a), clause (7).
60.30 Subd. 2.Accepting other electrical products.A collector may accept other electrical
60.31products from a person. If a collector accepts other electrical products, the collector may
60.32not impose a fee, charge, surcharge, or other cost to any person other than the stewardship
60.33organization.
60Article 2 Sec. 16.
25-02506 as introduced02/10/25 REVISOR CKM/KR 61.1 Subd. 3.Storing accepted products.A collector must manage and store all accepted
61.2covered products and other electrical products safely and in compliance with section
61.3115A.1347, subdivision 1, paragraphs (c) and (d).
61.4 Subd. 4.Training.A collector must ensure and document that training is provided for
61.5collection site employees on identifying and safely handling and storing covered batteries
61.6and covered products that have covered batteries contained within them or otherwise attached
61.7or connected to them, including damaged, defective, or recalled batteries, also known as
61.8DDR batteries. The collector may provide the training or may receive training from the
61.9stewardship organization or the stewardship organization's representative.
61.10 Subd. 5.Recordkeeping.A collector must maintain the following records for at least
61.11three years and make them available to the commissioner for inspection:
61.12 (1) records of covered products and other electrical products accepted at a collection
61.13site;
61.14 (2) records of covered products and other electrical products shipped from a collection
61.15site; and
61.16 (3) documentation of employee training. The three-year record retention period for
61.17employee documentation begins on the day following the last day the employee worked for
61.18the collector.
61.19 EFFECTIVE DATE.This section is effective January 1, 2027.
61.20Sec. 17. [115A.1343] COVERED PRODUCTS RECOVERY AND PROPER
61.21MANAGEMENT .
61.22 Subdivision 1.Recovery and proper management.(a) In addition to any authority
61.23granted by other law and without limiting that authority, whenever the commissioner
61.24determines that covered products have been abandoned, improperly disposed of, or stored
61.25on real property within the state in a manner not in compliance with sections 115A.1331 to
61.26115A.1347 or with applicable rules adopted under section 116.07, subdivision 2, paragraph
61.27(d), or 4, paragraph (g), the commissioner may issue an order under section 115.071,
61.28subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible
61.29for the abandonment, improper disposal, or noncompliant storage of the covered products
61.30to recover and properly manage the covered products according to sections 115A.1331 to
61.31115A.1347 and applicable rules. An order under this paragraph must notify the person of
61.32the provisions of this subdivision.
61Article 2 Sec. 17.
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
62.2actions to recover and properly manage the covered products within the time specified in
62.3the order, then after that time or upon expiration of the appeal period for the order, whichever
62.4is later, the commissioner must notify the stewardship organization in writing of:
62.5 (1) the commissioner's determination that the covered products have been abandoned,
62.6improperly disposed of, or stored in a noncompliant manner;
62.7 (2) the name of the person that was issued the order under paragraph (a) and the location
62.8of the covered products;
62.9 (3) the actions required to recover and properly manage the covered products; and
62.10 (4) the amount of time that the stewardship organization may attempt to complete the
62.11actions to recover and properly manage the covered products on behalf of the person.
62.12 (c) If the stewardship organization intends to recover and properly manage the covered
62.13products, the stewardship organization must notify the commissioner of its intent and submit
62.14a plan to recover and properly manage the covered products to the commissioner. The
62.15stewardship organization must comply with its submitted recovery and management plan.
62.16 (d) If, after the period specified in paragraph (b), the ordered actions to recover and
62.17properly manage the covered products have not been completed, or upon earlier notice from
62.18the stewardship organization that it does not intend to take the actions, the commissioner
62.19may recover and properly manage the covered products. The commissioner must estimate
62.20the cost for a person contracted to the agency to perform the recovery and management.
62.21The commissioner must assess the estimated cost to the stewardship organization according
62.22to section 115A.1339, subdivision 2. After the stewardship organization pays the assessed
62.23fee, the commissioner may recover and properly manage the covered products. Money
62.24appropriated to the commissioner from the product stewardship account may be spent by
62.25the commissioner to recover and properly manage the covered products.
62.26 (e) In addition to the authority to enter upon any public or private property for the purpose
62.27of obtaining information or conducting surveys or investigations under section 115A.06,
62.28the commissioner or any designee or agent may enter upon the property to recover covered
62.29products when acting under this subdivision.
62.30 Subd. 2.Limited private right of action for recovery and proper management.(a)
62.31The stewardship organization that recovers and properly manages covered products under
62.32subdivision 1, paragraph (c), may maintain a civil action against a person issued an order
62.33to recover and properly manage those covered products under subdivision 1, paragraph (a).
62Article 2 Sec. 17.
25-02506 as introduced02/10/25 REVISOR CKM/KR 63.1The stewardship organization is entitled to damages under this paragraph of twice its actual
63.2cost of recovery and proper management of the covered products. Additional amounts
63.3recoverable under this paragraph include an award of reasonable attorney fees and costs.
63.4 (b) When the stewardship organization is assessed and pays the cost to recover and
63.5properly manage covered products under subdivision 1, paragraph (d), and section
63.6115A.1339, subdivision 2, the stewardship organization may maintain a civil action against
63.7a person issued an order to recover and properly manage those covered products under
63.8subdivision 1, paragraph (a). The stewardship organization is entitled to damages under this
63.9paragraph equal to the cost of recovery and proper management of covered products assessed
63.10by the commissioner to the stewardship organization. Additional amounts recoverable under
63.11this paragraph include an award of reasonable attorney fees and costs.
63.12 (c) The commissioner may not be a party to or be required to provide assistance or
63.13otherwise participate in a civil action authorized under this subdivision unless subject to a
63.14subpoena before a court of jurisdiction.
63.15 EFFECTIVE DATE.This section is effective January 1, 2027.
63.16Sec. 18. [115A.1345] OTHER AUTHORITIES AND DUTIES.
63.17 Subdivision 1.Limited private right of action against producers.(a) Except as
63.18provided in paragraph (d), the stewardship organization may maintain a civil action against
63.19one or more producers, except a de minimis producer, to recover a portion of the stewardship
63.20organization's costs and additional amounts according to this subdivision.
63.21 (b) Damages recoverable under this subdivision may not exceed a fair share of the actual
63.22costs incurred by the plaintiff stewardship organization in managing covered products or
63.23other electrical products of a defendant producer subject to section 115A.1347, subdivision
63.242, paragraph (b). Additional amounts recoverable under this subdivision include an award
63.25of reasonable attorney fees and costs. If a defendant producer did not participate in the
63.26stewardship program established under sections 115A.1331 to 115A.1347 during the period
63.27in which covered products or other electrical products of the defendant producer were
63.28managed by the plaintiff stewardship organization, a punitive sum of up to three times the
63.29damages awarded may be assessed.
63.30 (c) A plaintiff stewardship organization may establish a defendant producer's fair share
63.31of the plaintiff's actual costs by providing the court with information establishing the process
63.32by which the defendant producer's share of stewardship program costs would have been
63.33allocated had the defendant producer been a participant in the program and paid its allocated
63Article 2 Sec. 18.
25-02506 as introduced02/10/25 REVISOR CKM/KR 64.1share. The plaintiff stewardship organization may use data from producers similar in covered
64.2product, financial status, or market share to the defendant producer to provide the information.
64.3 (d) An action may not be commenced under this subdivision against a potential defendant
64.4producer until 60 days after the plaintiff stewardship organization provides to all potential
64.5defendants a written notice of the claim setting forth the amount of the claim and the basis
64.6for the calculation of the amount.
64.7 (e) No action may be brought under this subdivision against a person other than a
64.8producer.
64.9 (f) The commissioner may not be a party to or be required to provide assistance or
64.10otherwise participate in a civil action authorized under this subdivision unless subject to a
64.11subpoena before a court of jurisdiction.
64.12 Subd. 2.Conduct authorized.A producer or stewardship organization that organizes
64.13covered services for covered products or other electrical products under sections 115A.1331
64.14to 115A.1347 is immune from liability for the conduct under state laws relating to antitrust,
64.15restraint of trade, unfair trade practices, and other regulation of trade or commerce only to
64.16the extent that the conduct is necessary to plan and implement the producer's or stewardship
64.17organization's chosen system.
64.18 Subd. 3.Duty to provide information.Upon request of the commissioner for purposes
64.19of implementing sections 115A.1331 to 115A.1347, a person must furnish to the
64.20commissioner any information that the person has or may reasonably obtain.
64.21 Subd. 4.Contracts.(a) Any person awarded a contract under chapter 16C for purchase
64.22or lease of covered products or other electrical products that is found to be in violation of
64.23sections 115A.1331 to 115A.1347 is subject to the following sanctions:
64.24 (1) the contract must be voided if the commissioner of administration determines that
64.25the potential adverse impact to the state is exceeded by the benefit obtained from voiding
64.26the contract; and
64.27 (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part
64.281230.1150.
64.29 (b) If the attorney general establishes that any money, property, or benefit was obtained
64.30by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in
64.31addition to any other remedy, order the disgorgement of the unlawfully obtained money,
64.32property, or benefit.
64Article 2 Sec. 18.
25-02506 as introduced02/10/25 REVISOR CKM/KR 65.1 Subd. 5.Multistate implementation.The commissioner may participate in establishing
65.2a regional multistate organization or compact to assist in carrying out the requirements of
65.3sections 115A.1331 to 115A.1347.
65.4 Subd. 6.Rules.The commissioner may adopt rules to implement sections 115A.1331
65.5to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking
65.6under this subdivision.
65.7 EFFECTIVE DATE.This section is effective January 1, 2027.
65.8 Sec. 19. [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING;
65.9COVERED PRODUCT SALES RESTRICTION.
65.10 Subdivision 1.Disposal prohibition.(a) A person may not place a covered product
65.11into:
65.12 (1) solid waste; or
65.13 (2) a recycling container that a collector has not clearly marked for use for collecting
65.14covered products.
65.15 (b) A person must manage a covered product that is discarded by delivering the covered
65.16product to a collection site or to a recycling facility for covered products.
65.17 (c) Until recycled, covered products are not exempt from any applicable rules adopted
65.18under section 116.07 for managing hazardous waste.
65.19 (d) Covered batteries and covered products that have covered batteries contained within
65.20them or otherwise attached or connected to them must be stored in containers that are:
65.21 (1) designed, constructed, and used in a manner to suppress battery fires in the container
65.22or to prevent ignition of materials outside the container; and
65.23 (2) held in structures compliant with the local fire code.
65.24 Subd. 2.Labeling and sale; requirements.(a) A person may not sell, including online
65.25sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a
65.26sale of a covered battery or covered product that has a covered battery contained within it
65.27or otherwise attached or connected to it unless the covered battery and covered product is
65.28labeled to identify the chemistry employed to store energy in the battery. Labeling under
65.29this paragraph must be permanently marked on or affixed to the covered battery and covered
65.30product and must use language or graphics sufficient to facilitate awareness by members
65.31of the public of the battery chemistry employed. The commissioner may, by rule adopted
65.32under section 115A.1345, subdivision 6, specify the manner of labeling.
65Article 2 Sec. 19.
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;
66.2distribute in or into the state; or facilitate a sale of a covered product or other electrical
66.3product unless the producer of the covered product or other electrical product is named as
66.4a participant in a stewardship plan published under section 115A.1335, subdivision 4,
66.5paragraph (f), or the brand is named as covered in a stewardship plan published under section
66.6115A.1335, subdivision 4, paragraph (f), and the stewardship plan has not been terminated
66.7under section 115A.1335, subdivision 5.
66.8 (c) This subdivision does not apply to isolated and occasional sales of a covered product
66.9or other electrical product that are not made in the normal course of business, as exempted
66.10from sales tax under section 297A.67, subdivision 23.
66.11 (d) This subdivision does not apply to sales, including online sales; offers for sale or
66.12promotional purposes; distribution; or facilitation of a sale of a used covered product or
66.13used other electrical product.
66.14 EFFECTIVE DATE.This section is effective January 1, 2027.
66.15Sec. 20. Minnesota Statutes 2024, section 115A.554, is amended to read:
66.16 115A.554 AUTHORITY OF SANITARY DISTRICTS.
66.17 A sanitary district has the authorities and duties of counties within the district's boundary
66.18for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551;
66.19115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961;
66.20116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161.
66.21 EFFECTIVE DATE.This section is effective January 1, 2027.
66.22Sec. 21. Minnesota Statutes 2024, section 115B.421, is amended to read:
66.23 115B.421 CLOSED LANDFILL INVESTMENT FUND.
66.24 Subdivision 1.Establishment.(a) The closed landfill investment fund is established in
66.25the state treasury. The fund consists of money credited to the fund and interest and other
66.26earnings on money in the fund. Funds must be deposited as described in section 115B.445.
66.27The fund must be managed to maximize long-term gain through the State Board of
66.28Investment. Money in the fund is appropriated to the commissioner of the Pollution Control
66.29Agency and may be spent according to sections 115B.39 to 115B.444.
66.30 (b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment
66.31fund to the commissioner for the purposes of sections 115B.39 to 115B.444.
66Article 2 Sec. 21.
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
67.2facility for which the commissioner has assumed obligations for environmental response
67.3actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate
67.4action to prevent, minimize, or mitigate damage either to the public health or welfare or the
67.5environment or to a system designed to protect the public health or welfare or the
67.6environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b)
67.7is appropriated to the commissioner in the first year of the biennium and may be spent by
67.8the commissioner to take reasonable and necessary emergency response actions. Money
67.9not spent in the first year of the biennium may be spent in the second year. If money is
67.10appropriated under this paragraph, the commissioner must notify the chairs of the senate
67.11and house of representatives committees having jurisdiction over environment policy and
67.12finance as soon as possible. The commissioner must maintain the fund balance to ensure
67.13long-term viability of the fund and reflect the responsibility of the landfill cleanup program
67.14in perpetuity.
67.15 (d) Paragraphs (b) and (c) expire June 30, 2025.
67.16 (b) The commissioner of management and budget must allocate the amounts available
67.17in a biennium to the commissioner of the Pollution Control Agency for the purposes provided
67.18in sections 115B.39 to 115B.444 based on work plans submitted by the commissioner of
67.19the Pollution Control Agency and may adjust the allocations if the commissioner of the
67.20Pollution Control Agency submits revised work plans. The commissioner of the Pollution
67.21Control Agency must submit copies of the work plans to the chairs of the legislative
67.22committees and divisions having jurisdiction over environment policy and finance. The
67.23commissioner of the Pollution Control Agency may submit one work plan for the landfill
67.24cleanup program covering all funding sources to meet the work plan requirements under
67.25this section and section 116.155.
67.26 Subd. 2.Local notification.If money in the closed landfill investment fund is spent or
67.27transferred for purposes other than the purposes provided under sections 115B.39 to
67.28115B.444, the commissioner of the Pollution Control Agency must provide written
67.29notification to each county with a qualified facility within 30 days of the transfer or
67.30expenditure that includes the amount, purpose, and authority used to spend or transfer the
67.31money.
67Article 2 Sec. 21.
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
68.2to read:
68.3 Subd. 13a.Side-mounted fuel tank.(a) "Side-mounted fuel tank" means a liquid fuel
68.4tank that is in commercial use, has a capacity of 50 gallons or more, and:
68.5 (1) if mounted on a truck tractor, extends outboard of the vehicle frame and outside the
68.6plain view outline of the cab; or
68.7 (2) if mounted on a truck, extends outboard of a line parallel to the longitudinal centerline
68.8of the truck and tangent to the outboard side of a front tire in a straight-ahead position.
68.9 (b) In determining whether a fuel tank on a truck or truck tractor is side-mounted, the
68.10fill pipe is not considered a part of the tank.
68.11Sec. 23. Minnesota Statutes 2024, section 115C.02, subdivision 14, is amended to read:
68.12 Subd. 14.Tank.(a) "Tank" means any one or a combination of containers, vessels, and
68.13enclosures, including structures and appurtenances connected to them, that is, or has been,
68.14used to contain, dispense, or store petroleum.
68.15 (b) "Tank" does not include:
68.16 (1) mobile tanks, except for tanks in transport; or
68.17 (2) pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline
68.18Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous Liquid Pipeline
68.19Safety Act of 1979, United States Code, title 49, chapter 29.
68.20 (c) "Tank" includes a side-mounted fuel tank.
68.21Sec. 24. Minnesota Statutes 2024, section 115C.09, subdivision 1, is amended to read:
68.22 Subdivision 1.Reimbursable costs.(a) The board shall provide reimbursement to
68.23eligible applicants for reimbursable costs.
68.24 (b) The following costs are reimbursable for purposes of this chapter:
68.25 (1) corrective action costs incurred by the applicant and documented in a form prescribed
68.26by the board. Corrective action costs incurred by the applicant include costs for physical
68.27removal of a tank when the physical removal is part of a corrective action, regardless of
68.28whether the tank is leaking at the time of removal, and the removal is directed or approved
68.29by the commissioner;
68Article 2 Sec. 24.
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
69.2for bodily injury, property damage, or corrective action costs incurred by a third party caused
69.3by a release where the responsible person's liability for the costs has been established by a
69.4court order or court-approved settlement; and
69.5 (3) up to 180 days of interest costs associated with the financing of corrective action
69.6and incurred by the applicant in a written extension of credit or loan that has been signed
69.7by the applicant and executed after July 1, 2002, provided that the applicant documents
69.8that:
69.9 (i) the interest costs are incurred as a result of an extension of credit or loan from a
69.10financial institution; and
69.11 (ii) the board has not considered the application within the applicable time frame specified
69.12in subdivision 2a, paragraph (c).
69.13 (c) Interest costs meeting the requirements of paragraph (b), clause (3), are eligible only
69.14when they are incurred between the date a complete initial application is received by the
69.15board, or the date a complete supplemental application is received by the board, and the
69.16date that the board first notifies the applicant of its reimbursement determination. An
69.17application is complete when the information reasonably required or requested by the board's
69.18staff from the applicant has been received by the board's staff. Interest costs are not eligible
69.19for reimbursement to the extent they exceed two percentage points above the adjusted prime
69.20rate charged by banks, as defined in section 270C.40, subdivision 5, at the time the extension
69.21of credit or loan was executed.
69.22 (d) A cost for liability to a third party is incurred by the responsible person when an
69.23order or court-approved settlement is entered that sets forth the specific costs attributed to
69.24the liability. Except as provided in this paragraph, reimbursement may not be made for costs
69.25of liability to third parties until all eligible corrective action costs have been reimbursed. If
69.26a corrective action is expected to continue in operation for more than one year after it has
69.27been fully constructed or installed, the board may estimate the future expense of completing
69.28the corrective action and, after subtracting this estimate from the total reimbursement
69.29available under subdivision 3, reimburse the costs for liability to third parties. The total
69.30reimbursement may not exceed the limit set forth in subdivision 3.
69.31 (e) For purposes of this section, "corrective action costs incurred by the applicant" does
69.32not include corrective action costs resulting from a release from a side-mounted fuel tank.
69.33Corrective action costs, including staff time, cleanup costs, or damages, resulting from a
69.34release from a side-mounted fuel tank are not reimbursable.
69Article 2 Sec. 24.
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:
70.2 Subd. 2b.Permitting efficiency.(a) It is the goal of the state that environmental and
70.3resource management permits be issued or denied within 90 days for tier 1 permits or 150
70.4days for tier 2 permits following submission of a permit application. The commissioner of
70.5the Pollution Control Agency shall establish management systems designed to achieve the
70.6goal. For the purposes of this section, "tier 1 permits" are permits that do not require
70.7individualized actions or public comment periods, and "tier 2 permits" are permits that
70.8require individualized actions or public comment periods.
70.9 (b) The commissioner shall prepare an annual permitting efficiency report that includes
70.10statistics on meeting the goal in paragraph (a) and the criteria for tier 2 by permit categories.
70.11The report must also provide information on consultants regarding achievement of the
70.12performance standards under paragraph (e), clauses (1) to (4). The report is due August 1
70.13each year. For permit applications that have not met the goal, the report must state the
70.14reasons for not meeting the goal. In stating the reasons for not meeting the goal, the
70.15commissioner shall separately identify delays caused by the responsiveness of the proposer,
70.16lack of staff, scientific or technical disagreements, or the level of public engagement. The
70.17report must specify the number of days from initial submission of the application to the day
70.18of determination that the application is complete. The report must aggregate the data for
70.19the year and assess whether program or system changes are necessary to achieve the goal.
70.20The report must be posted on the agency's website and submitted to the governor and the
70.21chairs and ranking minority members of the house of representatives and senate committees
70.22having jurisdiction over environment policy and finance.
70.23 (c) The commissioner shall allow electronic submission of environmental review and
70.24permit documents to the agency.
70.25 (d) Within 30 business days of application for a permit subject to paragraph (a), the
70.26commissioner of the Pollution Control Agency shall notify the permit applicant, in writing,
70.27whether the application is complete or incomplete. If the commissioner determines that an
70.28application is incomplete, the notice to the applicant must enumerate all deficiencies, citing
70.29specific provisions of the applicable rules and statutes, and advise the applicant on how the
70.30deficiencies can be remedied. If the commissioner determines that the application is complete,
70.31the notice must confirm the application's tier 1 or tier 2 permit status. If the commissioner
70.32believes that a complete application for a tier 2 construction permit cannot be issued within
70.33the 150-day goal, the commissioner must provide notice to the applicant with the
70.34commissioner's notice that the application is complete and, upon request of the applicant,
70.35provide the permit applicant with a schedule estimating when the agency will begin drafting
70Article 2 Sec. 25.
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
71.2an application for a permit that is subject to a grant or loan agreement under chapter 446A.
71.3 (e) The commissioner must credential consultants who meet the requirements of this
71.4paragraph and must provide a logo or similar indicator with the credential that can be used
71.5by a consultant in marketing their services. For purposes of this section, "consultant" means
71.6a third-party professional representing a facility owner or operator to prepare or assist in
71.7preparing a permit application or other similar documentation required by the commissioner
71.8for authorizations under chapters 115 to 116. A consultant is credentialed on January 1 each
71.9odd-numbered year if, in the preceding two years, the consultant:
71.10 (1) submitted permit applications deemed complete under paragraph (d) at a rate of at
71.11least 80 percent;
71.12 (2) when applicable, met agreed-upon deadlines as part of a plan designed to increase
71.13the coordination and efficiency of regulatory activities, such as a plan described under
71.14section 116.035;
71.15 (3) did not represent an owner or operator to prepare or assist in preparing a permit
71.16application or other similar documentation when the owner or operator received a citation
71.17under section 116.073, subdivision 1, paragraph (b); and
71.18 (4) was not found in violation of Minnesota Rules, part 7000.0300, relating to duty of
71.19candor.
71.20 (e) (f) For purposes of this subdivision, "permit professional" means an individual not
71.21employed by the Pollution Control Agency who:
71.22 (1) has a professional license issued by the state of Minnesota in the subject area of the
71.23permit;
71.24 (2) has at least ten years of experience in the subject area of the permit; and
71.25 (3) abides by the duty of candor applicable to employees of the Pollution Control Agency
71.26under agency rules and complies with all applicable requirements under chapter 326.
71.27 (f) (g) Upon the agency's request, an applicant relying on a permit professional must
71.28participate in a meeting with the agency before submitting an application:
71.29 (1) at least two weeks prior to the preapplication meeting, the applicant must submit at
71.30least the following:
71.31 (i) project description, including, but not limited to, scope of work, primary emissions
71.32points, discharge outfalls, and water intake points;
71Article 2 Sec. 25.
25-02506 as introduced02/10/25 REVISOR CKM/KR 72.1 (ii) location of the project, including county, municipality, and location on the site;
72.2 (iii) business schedule for project completion; and
72.3 (iv) other information requested by the agency at least four weeks prior to the scheduled
72.4meeting; and
72.5 (2) during the preapplication meeting, the agency shall provide for the applicant at least
72.6the following:
72.7 (i) an overview of the permit review program;
72.8 (ii) a determination of which specific application or applications will be necessary to
72.9complete the project;
72.10 (iii) a statement notifying the applicant if the specific permit being sought requires a
72.11mandatory public hearing or comment period;
72.12 (iv) a review of the timetable established in the permit review program for the specific
72.13permit being sought; and
72.14 (v) a determination of what information must be included in the application, including
72.15a description of any required modeling or testing.
72.16 (g) (h) The applicant may select a permit professional to undertake the preparation of
72.17the permit application and draft permit.
72.18 (h) (i) If a preapplication meeting was held, the agency shall, within seven business days
72.19of receipt of an application, notify the applicant and submitting permit professional that the
72.20application is complete or is denied, specifying the deficiencies of the application.
72.21 (i) (j) Upon receipt of notice that the application is complete, the permit professional
72.22shall submit to the agency a timetable for submitting a draft permit. The permit professional
72.23shall submit a draft permit on or before the date provided in the timetable. Within 60 days
72.24after the close of the public comment period, the commissioner shall notify the applicant
72.25whether the permit can be issued.
72.26 (j) (k) Nothing in this section shall be construed to modify:
72.27 (1) any requirement of law that is necessary to retain federal delegation to or assumption
72.28by the state; or
72.29 (2) the authority to implement a federal law or program.
72.30 (k) (l) The permit application and draft permit shall identify or include as an appendix
72.31all studies and other sources of information used to substantiate the analysis contained in
72Article 2 Sec. 25.
25-02506 as introduced02/10/25 REVISOR CKM/KR 73.1the permit application and draft permit. The commissioner shall request additional studies,
73.2if needed, and the permit applicant shall submit all additional studies and information
73.3necessary for the commissioner to perform the commissioner's responsibility to review,
73.4modify, and determine the completeness of the application and approve the draft permit.
73.5 Sec. 26. Minnesota Statutes 2024, section 116.073, subdivision 1, is amended to read:
73.6 Subdivision 1.Authority to issue.(a) Pollution Control Agency staff designated by the
73.7commissioner and Department of Natural Resources conservation officers may issue citations
73.8to a person who:
73.9 (1) disposes of solid waste as defined in section 116.06, subdivision 22, at a location
73.10not authorized by law for the disposal of solid waste without permission of the owner of
73.11the property;
73.12 (2) fails to report or recover discharges as required under section 115.061;
73.13 (3) fails to take discharge preventive or preparedness measures required under chapter
73.14115E;
73.15 (4) fails to install or use vapor recovery equipment during the transfer of gasoline from
73.16a transport delivery vehicle to an underground storage tank as required in section 116.49,
73.17subdivisions 3 and 4;
73.18 (5) performs labor or services designing, installing, constructing, inspecting, servicing,
73.19repairing, or operating a subsurface sewage treatment system (SSTS) as defined in chapter
73.20115 and has violated rules adopted under chapters 115 and 116 in any of the following
73.21categories:
73.22 (i) failure to acquire or maintain a current state-issued SSTS license;
73.23 (ii) failure to acquire or maintain a current surety bond for SSTS activities;
73.24 (iii) failure to acquire or maintain a required local permit for SSTS activities; or
73.25 (iv) failure to submit SSTS as-built plans or compliance inspection forms to the local
73.26governmental unit; or
73.27 (6) performs labor or services pumping, hauling, treating, spreading, dumping,
73.28discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100, subpart
73.2969, and has violated rules adopted under chapters 115 and 116 or Code of Federal
73.30Regulations, title 40, section 503, in any of the following categories:
73.31 (i) failure to acquire or maintain a current state-issued SSTS license;
73Article 2 Sec. 26.
25-02506 as introduced02/10/25 REVISOR CKM/KR 74.1 (ii) failure to acquire or maintain a current surety bond for SSTS activities;
74.2 (iii) failure to provide control measures to prevent the pollution of underground waters
74.3from the discharge of septage into the saturated or unsaturated zone;
74.4 (iv) failure to produce records or maintain records in accordance with Code of Federal
74.5Regulations, title 40, section 503; or
74.6 (v) failure to treat septage for pathogens and vectors in accordance with Code of Federal
74.7Regulations, title 40, section 503.
74.8 (b) Agency staff designated by the commissioner may issue citations to facility owners
74.9and operators who fail to produce, within 30 days or within a reasonable alternative time
74.10frame as determined and required by the commissioner, information or reports necessary
74.11for developing and reissuing permits and permit amendments under chapters 114C and 115
74.12to 116. If the owner or operator cannot produce the information or reports within 30 days
74.13or according to an alternative time frame required by the commissioner, the owner or operator
74.14may request an extension within 30 days of the request for information or reports. The
74.15commissioner must keep records of citations issued under this paragraph that identify the
74.16facility, the owner or operator, and any person hired by or representing the owner or operator
74.17to prepare or assist in preparing the permit application or other information or report requested
74.18by the commissioner.
74.19 (b) (c) In addition, Pollution Control Agency staff designated by the commissioner may
74.20issue citations to owners and operators of facilities who violate sections 116.46 to 116.50
74.21and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation
74.22issued under this subdivision must include a requirement that the person cited remove and
74.23properly dispose of or otherwise manage the waste or discharged oil or hazardous substance,
74.24reimburse any government agency that has disposed of the waste or discharged oil or
74.25hazardous substance and contaminated debris for the reasonable costs of disposal, or correct
74.26any storage tank violations.
74.27 (c) (d) Citations for violations of sections 115E.045 and 116.46 to 116.50 and Minnesota
74.28Rules, chapters 7150 and 7151, may be issued only after the owners and operators have had
74.29a 60-day period to correct violations stated in writing by Pollution Control Agency staff,
74.30unless there is a discharge associated with the violation or the violation is a repeat violation
74.31from a previous inspection.
74.32Sec. 27. Minnesota Statutes 2024, section 116.073, subdivision 2, is amended to read:
74.33 Subd. 2.Penalty amount.The citation must impose the following penalty amounts:
74Article 2 Sec. 27.
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
75.2maximum of $2,000;
75.3 (2) $25 per waste tire, as defined in section 115A.90, subdivision 11, up to a maximum
75.4of $2,000;
75.5 (3) $25 per lead acid battery governed by section 115A.915, up to a maximum of $2,000;
75.6 (4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000;
75.7 (5) up to $200 for any amount of waste that escapes from a vehicle used for the
75.8transportation of solid waste if, after receiving actual notice that waste has escaped the
75.9vehicle, the person or company transporting the waste fails to immediately collect the waste;
75.10 (6) $50 per violation of rules adopted under section 116.49, relating to underground
75.11storage tank system design, construction, installation, and notification requirements, up to
75.12a maximum of $2,000;
75.13 (7) $500 per violation of rules adopted under section 116.49, relating to upgrading of
75.14existing underground storage tank systems, up to a maximum of $2,000 per tank system;
75.15 (8) $250 per violation of rules adopted under section 116.49, relating to underground
75.16storage tank system general operating requirements, up to a maximum of $2,000;
75.17 (9) $250 per violation of rules adopted under section 116.49, relating to underground
75.18storage tank system release detection requirements, up to a maximum of $2,000;
75.19 (10) $50 per violation of rules adopted under section 116.49, relating to out-of-service
75.20underground storage tank systems and closure, up to a maximum of $2,000;
75.21 (11) $50 per violation of sections 116.48 to 116.491 relating to underground storage
75.22tank system notification, monitoring, environmental protection, and tank installers training
75.23and certification requirements, up to a maximum of $2,000;
75.24 (12) $25 per gallon of oil or hazardous substance discharged which is not reported or
75.25recovered under section 115.061, up to a maximum of $2,000;
75.26 (13) $1 per gallon of oil or hazardous substance being stored, transported, or otherwise
75.27handled without the prevention or preparedness measures required under chapter 115E, up
75.28to a maximum of $2,000;
75.29 (14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter
75.307151, related to aboveground storage tank systems, up to a maximum of $2,000;
75Article 2 Sec. 27.
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
76.2against:
76.3 (i) the retail location if vapor recovery equipment is not installed or maintained properly;
76.4 (ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery
76.5equipment; or
76.6 (iii) the driver for failure to use supplied vapor recovery equipment;
76.7 (16) $500 per violation of rules adopted under chapters 115 and 116 relating to failure
76.8to comply with state subsurface sewage treatment system (SSTS) license requirements, up
76.9to a maximum of $2,000;
76.10 (17) $500 per violation of rules adopted under chapters 115 and 116 relating to failure
76.11to comply with SSTS surety bond requirements, up to a maximum of $2,000;
76.12 (18) $500 per violation of rules adopted under chapters 115 and 116 relating to failure
76.13to provide control measures to prevent the pollution of underground waters from the discharge
76.14of septage into the saturated or unsaturated zone, up to a maximum of $2,000;
76.15 (19) $500 per violation of rules adopted under chapters 115 and 116 or Code of Federal
76.16Regulations, title 40, section 503, relating to failure to treat septage for pathogens and
76.17vectors, up to a maximum of $2,000;
76.18 (20) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal
76.19Regulations, title 40, section 503, relating to failure to produce records or maintain records,
76.20up to a maximum of $2,000;
76.21 (21) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal
76.22Regulations, title 40, section 503, relating to failure to submit as-built plans or compliance
76.23inspection forms to the local governmental unit, up to a maximum of $2,000; and
76.24 (22) $500 per violation of rules adopted under chapters 115 and 116 relating to failure
76.25to obtain required local permits, up to a maximum of $2,000.; and
76.26 (23) $50 per day under subdivision 1, paragraph (b), for each information item or report
76.27requested for the first 30 days delinquent and $500 per day thereafter, up to a maximum of
76.28$20,000 for each information item or report requested, until the commissioner determines
76.29the request for information or report is complete.
76Article 2 Sec. 27.
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:
77.2 Subd. 5.Rules.(a) The agency shall adopt rules for the administration of the financial
77.3assistance program. For wastewater treatment projects, the rules must include:
77.4 (1) application requirements;
77.5 (2) criteria for the ranking of projects in order of priority based on factors including the
77.6type of project and the degree of environmental impact, and scenic and wild river standards;
77.7and
77.8 (3) criteria for determining essential project components.
77.9 (b) Notwithstanding any provision in Minnesota Rules, chapter 7077, to the contrary,
77.10for purposes of Minnesota Rules, parts 7077.0117, 7077.0118, and 7077.0119, the
77.11commissioner must assign 40 points if a municipality is proposing a project to address
77.12emerging contaminants, as defined by the United States Environmental Protection Agency.
77.13This paragraph expires June 30, 2030.
77.14Sec. 29. Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read:
77.15 Subd. 6.Mercury thermometers prohibited.(a) A manufacturer, wholesaler, or retailer
77.16may not sell or distribute at no cost a thermometer containing mercury that was manufactured
77.17after June 1, 2001.
77.18 (b) Paragraph (a) does not apply to an electronic thermometer with a battery containing
77.19mercury if the battery is in compliance with section 325E.125 subdivision 8l.
77.20 (c) A manufacturer is in compliance with this subdivision if the manufacturer:
77.21 (1) has received an exclusion or exemption from a state that is a member of the Interstate
77.22Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no
77.23alternative is available or for an application when no feasible alternative is available;
77.24 (2) submits a copy of the approved exclusion or exemption to the commissioner; and
77.25 (3) meets all of the requirements in the approved exclusion or exemption for the
77.26manufacturer's activities within the state.
77.27 EFFECTIVE DATE.This section is effective January 1, 2027.
77Article 2 Sec. 29.
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
78.2read:
78.3 Subd. 8l.Ban; mercury in batteries.A person may not sell, offer for sale, or distribute
78.4in or into the state:
78.5 (1) an alkaline manganese battery that contains mercury that is not a button cell
78.6nonrechargeable battery;
78.7 (2) a nonrechargeable button cell battery that contains more than 25 milligrams of
78.8mercury; or
78.9 (3) a dry cell battery containing a mercuric oxide electrode.
78.10 EFFECTIVE DATE.This section is effective January 1, 2027.
78.11Sec. 31. Minnesota Statutes 2024, section 168.1295, subdivision 1, is amended to read:
78.12 Subdivision 1.General requirements and procedures.(a) The commissioner shall
78.13issue state parks and trails plates to an applicant who:
78.14 (1) is a registered owner of a passenger automobile, recreational vehicle, one-ton pickup
78.15truck, or motorcycle;
78.16 (2) pays a fee in the amount specified for special plates under section 168.12, subdivision
78.175;
78.18 (3) pays the registration tax required under section 168.013;
78.19 (4) pays the fees required under this chapter;
78.20 (5) contributes a minimum of $60 $70 annually to the state parks and trails donation
78.21account established in section 85.056; and
78.22 (6) complies with this chapter and rules governing registration of motor vehicles and
78.23licensing of drivers.
78.24 (b) The state parks and trails plate application must indicate that the contribution specified
78.25under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the
78.26applicant may make an additional contribution to the account.
78.27 (c) State parks and trails plates may be personalized according to section 168.12,
78.28subdivision 2a.
78Article 2 Sec. 31.
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:
79.2 Subd. 8.Other uses of revolving fund.(a) The clean water revolving fund may be used
79.3as provided in title VI of the Federal Water Pollution Control Act, including the following
79.4uses:
79.5 (1) to buy or refinance the debt obligation of governmental units for treatment works
79.6where debt was incurred and construction begun after March 7, 1985, at or below market
79.7rates;
79.8 (2) to guarantee or purchase insurance for local obligations to improve credit market
79.9access or reduce interest rates;
79.10 (3) to provide a source of revenue or security for the payment of principal and interest
79.11on revenue or general obligation bonds issued by the authority if the bond proceeds are
79.12deposited in the fund;
79.13 (4) to provide loan guarantees, loans, or set-aside for similar revolving funds established
79.14by a governmental unit other than state agencies, or state agencies under sections 17.117,
79.15103F.725, subdivision 1a, and 116J.617;
79.16 (5) to earn interest on fund accounts; and
79.17 (6) to pay the reasonable costs incurred by the authority and the Pollution Control Agency
79.18of administering the fund and conducting activities required under the Federal Water Pollution
79.19Control Act, including water quality management planning under section 205(j) of the act
79.20and water quality standards continuing planning under section 303(e) of the act;.
79.21 (b) The clean water revolving fund may be used to provide additional subsidization as
79.22permitted under the federal Water Pollution Control Act and other federal law to provide
79.23principal forgiveness or grants:
79.24 (7) to provide principal forgiveness or grants to the extent permitted under the Federal
79.25Water Pollution Control Act and other federal law, (1) based on the affordability criteria
79.26and requirements established for the wastewater water infrastructure funding program under
79.27section 446A.072; and
79.28 (8) to provide loans, principal forgiveness, or grants to the extent permitted under the
79.29Federal Water Pollution Control Act and other federal law (2) for 25 percent of project costs
79.30up to a maximum of $1,000,000 for projects to address green infrastructure, water or energy
79.31efficiency improvements, or other environmentally innovative activities.; and
79Article 2 Sec. 32.
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
80.2address emerging contaminants as defined by the United States Environmental Protection
80.3Agency.
80.4 (b) Amounts spent under paragraph (a), clause (6), may not exceed the amount allowed
80.5under the Federal Water Pollution Control Act.
80.6 (c) Principal forgiveness or grants provided under paragraph (a), clause (8), may not
80.7exceed 25 percent of the eligible project costs as determined by the Pollution Control Agency
80.8for project components directly related to green infrastructure, water or energy efficiency
80.9improvements, or other environmentally innovative activities, up to a maximum of
80.10$1,000,000.
80.11Sec. 33. Minnesota Statutes 2024, section 473.167, is amended to read:
80.12 473.167 HIGHWAY PROJECTS; REGIONAL PARKS AND TRAILS PROJECTS.
80.13 Subd. 2.Loans for acquisition.(a) The council may make loans to counties, towns,
80.14and statutory and home rule charter cities within the metropolitan area for the purchase of
80.15property within the right-of-way of a state trunk highway shown on an official map adopted
80.16pursuant to section 394.361 or 462.359 or for the purchase of property within the proposed
80.17right-of-way of a principal or intermediate arterial highway designated by the council as a
80.18part of the metropolitan highway system plan and approved by the council pursuant to
80.19section 473.166. The loans shall must be made by the council, from the fund established
80.20pursuant to this subdivision, for purchases approved by the council. The loans shall bear
80.21no interest.
80.22 (b) The council may make loans to regional parks implementing agencies as defined in
80.23section 473.351, subdivision 1, paragraph (a), for the purchase of property within the
80.24boundaries or corridors that are designated by the council as part of the regional recreation
80.25open space system, as defined in section 473.351, subdivision 1, paragraph (d), and that are
80.26approved by the council according to sections 473.147 and 473.313.The loans must be made
80.27by the council, from the fund established pursuant to this subdivision, for purchases approved
80.28by the council. The loans bear no interest.
80.29 (b) (c) The council shall make loans only:
80.30 (1) to accelerate the acquisition of primarily undeveloped property when there is a
80.31reasonable probability that the property will increase in value before highway construction,
80.32and to update an expired environmental impact statement on a project for which the
80.33right-of-way is being purchased;
80Article 2 Sec. 33.
25-02506 as introduced02/10/25 REVISOR CKM/KR 81.1 (2) to accelerate the acquisition of primarily undeveloped property when there is a
81.2reasonable probability that the property will increase in value before it can be acquired for
81.3regional recreation open space system purposes;
81.4 (2) (3) to avert the imminent conversion or the granting of approvals which that would
81.5allow the conversion of property to uses which that would jeopardize its availability for
81.6highway construction;
81.7 (4) to avert the imminent conversion or the granting of approvals that would allow
81.8development on the property that would jeopardize its availability or increase its costs for
81.9regional recreation open space system purposes;
81.10 (3) (5) to advance planning and environmental activities on highest priority major
81.11metropolitan river crossing projects, under the transportation development guide
81.12chapter/policy plan; or
81.13 (4) (6) to take advantage of open market opportunities when developed properties become
81.14available for sale, provided all parties involved are agreeable to the sale and funds are
81.15available; or
81.16 (7) to advance acquisition of property for the regional recreation open space system
81.17when the time frame for completing acquisition for the regional park or trail, as defined in
81.18the council's policy plan under section 473.147, may take many years before the property
81.19is made available and open to the public.
81.20 (c) (d) The council shall not make loans for the purchase of property at a price which
81.21that exceeds the fair market value of the property or which that includes the costs of relocating
81.22or moving persons or property. The eminent domain process may be used to settle differences
81.23of opinion as to fair market value, provided all parties agree to the process.
81.24 (d) (e) A private property owner may elect to receive the purchase price either in a lump
81.25sum or in not more than four annual installments without interest on the deferred installments.
81.26If the purchase agreement provides for installment payments, the council shall make the
81.27loan in installments corresponding to those in the purchase agreement.
81.28 (f) The recipient of an a highway acquisition loan shall convey the property for the
81.29construction of the highway at the same price which that the recipient paid for the property.
81.30The price may include the costs of preparing environmental documents that were required
81.31for the acquisition and that were paid for with money that the recipient received from the
81.32loan fund. Upon notification by the council that the plan to construct the highway has been
81.33abandoned or the anticipated location of the highway changed, the recipient shall sell must
81Article 2 Sec. 33.
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
82.2for the disposition for disposing of the property. All rents and other money received because
82.3of the recipient's ownership of the property and all proceeds from the conveyance or sale
82.4of the property shall must be paid to the council. If a recipient is not permitted to include
82.5in the conveyance price the cost of preparing environmental documents that were required
82.6for the acquisition, then the recipient is not required to repay the council an amount equal
82.7to 40 percent of the money received from the loan fund and spent in preparing the
82.8environmental documents.
82.9 (g) For park conversions, upon approval of a boundary change to the regional recreation
82.10open space system, as evidenced by the council's approval of the master plan or plan
82.11amendment to make the boundary change under section 473.313, the loan recipient must
82.12dispose of the property according to the council's procedures for disposing of the property.
82.13Any remaining balance of unspent rents and other money received because of the recipient's
82.14ownership of the property and all proceeds from the conveyance or sale of the property
82.15must be paid to the council.
82.16 (e) (h) The proceeds of the tax authorized by subdivision 3, all money paid to the council
82.17by recipients of loans, and all interest on the proceeds and payments shall must be maintained
82.18as a separate fund. For administration of the loan program, the council may expend from
82.19the fund each year an amount no greater than three percent of the amount of the proceeds
82.20for that year.
82.21 Subd. 2a.Loans for homestead acquisition and relocation.(a) The council may make
82.22loans to acquiring authorities within the metropolitan area to purchase homestead property
82.23for regional recreation open space system purposes according to section 473.351, subdivision
82.241, paragraph (d), that are approved by the council according to sections 473.147 and 473.313;
82.25to purchase homestead property located in a proposed state trunk highway right-of-way or
82.26project,; and to provide relocation assistance. Acquiring authorities are authorized to accept
82.27the loans and to acquire the property. Except as provided in this subdivision, the loans shall
82.28must be made as provided in subdivision 2. Loans shall must be in the amount of the fair
82.29market value of the homestead property plus relocation costs and less salvage value. Before
82.30construction of the a highway begins, the acquiring authority shall convey the property to
82.31the commissioner of transportation at the same price it paid, plus relocation costs and less
82.32its salvage value. Acquisition and assistance under this subdivision must conform to sections
82.33117.50 to 117.56.
82.34 (b) The council may make loans for highway purposes only when:
82Article 2 Sec. 33.
25-02506 as introduced02/10/25 REVISOR CKM/KR 83.1 (1) the owner of affected homestead property requests acquisition and relocation
83.2assistance from an acquiring authority;
83.3 (2) federal or state financial participation is not available;
83.4 (3) the owner is unable to sell the homestead property at its appraised market value
83.5because the property is located in a proposed state trunk highway right-of-way or project
83.6as indicated on an official map or plat adopted under section 160.085, 394.361, or 462.359;
83.7and
83.8 (4) the council agrees to and approves the fair market value of the homestead property,
83.9which approval shall must not be unreasonably withheld.
83.10 (c) The council may make loans for regional recreation open space system purposes
83.11only when:
83.12 (1) the owner of affected homestead property requests acquisition and relocation
83.13assistance from an implementing agency;
83.14 (2) funding from other sources is not available;
83.15 (3) property acquisition is in accordance with the council's policy plan and the
83.16implementing agency's master plan approved by the council according to section 473.313;
83.17and
83.18 (4) the council agrees to and approves the fair market value of the homestead property,
83.19which approval must not be unreasonably withheld.
83.20 (c) (d) For purposes of this subdivision, the following terms have the meanings given
83.21them.
83.22 (1) "Acquiring authority" means counties, towns, and statutory and home rule charter
83.23cities in the metropolitan area and implementing agencies as defined in section 473.351,
83.24subdivision 1, paragraph (a).
83.25 (2) "Homestead property" means: (i) a single-family dwelling occupied by the owner,
83.26and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home,
83.27as defined in section 327B.01, subdivision 13.
83.28 (3) "Salvage value" means the probable sale price of the dwelling and other property
83.29that is severable from the land if offered for sale on the condition that it be removed from
83.30the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
83.31of the possible uses of the property, including separate use of serviceable components and
83.32scrap when there is no other reasonable prospect of sale.
83Article 2 Sec. 33.
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
84.2area, as defined in section 473.121, to provide funds for loans made pursuant to subdivisions
84.32 and 2a. This tax for the right-of-way acquisition loan fund shall must be certified by the
84.4council, levied, and collected in the manner provided by section 473.13. The tax shall be is
84.5in addition to that authorized by section 473.249 and any other law and shall does not affect
84.6the amount or rate of taxes which that may be levied by the council or any metropolitan
84.7agency or local governmental unit. The amount of the levy shall be is as determined and
84.8certified by the council, provided that the tax levied by the Metropolitan Council for the
84.9right-of-way acquisition loan fund shall not exceed $2,828,379 for taxes payable in 2004
84.10and $2,828,379 for taxes payable in 2005. The amount of the levy for taxes payable in 2006
84.11and subsequent years shall must not exceed the product of (1) the Metropolitan Council's
84.12property tax levy limitation under this subdivision for the previous year, multiplied by (2)
84.13one plus a percentage equal to the growth in the implicit price deflator as defined in section
84.14275.70, subdivision 2.
84.15 Subd. 4.State review.The commissioner of revenue shall must certify the council's
84.16levy limitation under this section to the council by August 1 of the levy year. The council
84.17must certify its proposed property tax levy to the commissioner of revenue by September
84.181 of the levy year. The commissioner of revenue shall must annually determine whether the
84.19property tax for the right-of-way acquisition loan fund certified by the Metropolitan Council
84.20for levy following the adoption of its proposed budget is within the levy limitation imposed
84.21by this section. The determination must be completed prior to September 10 of each year.
84.22If current information regarding market valuation in any county is not transmitted to the
84.23commissioner in a timely manner, the commissioner may estimate the current market
84.24valuation within that county for purposes of making the calculation.
84.25 Subd. 6.Council procedures.The council must develop procedures for implementing
84.26this section, including but not limited to uses of funds, property disposition, repayment, and
84.27other loan terms.
84.28 EFFECTIVE DATE; APPLICABILITY.This act is effective July 1, 2025, and applies
84.29in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
84.30Sec. 34. Minnesota Statutes 2024, section 473.355, subdivision 2, is amended to read:
84.31 Subd. 2.Grants.(a) The Metropolitan Council must establish a grant program to provide
84.32grants to cities, counties, townships, Tribal governments, and implementing agencies for
84.33the following purposes:
84.34 (1) removing and planting shade trees on public land to provide environmental benefits;
84Article 2 Sec. 34.
25-02506 as introduced02/10/25 REVISOR CKM/KR 85.1 (2) replacing trees lost to forest pests, disease, or storms; and
85.2 (3) establishing a more diverse community forest better able to withstand disease and
85.3forest pests.
85.4 (b) Any tree planted with money granted under this section must be a climate-adapted
85.5species to Minnesota.
85.6 Sec. 35. Minnesota Statutes 2024, section 473.5491, subdivision 1, is amended to read:
85.7 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have
85.8the meanings given.
85.9 (b) "Affordability criteria" means an inflow and infiltration project service area that is
85.10located, in whole or in part, in a census tract where at least three of the following apply as
85.11determined using the most recently published data from the United States Census Bureau
85.12or United States Centers for Disease Control and Prevention: where any part of the
85.13construction location falls within a census tract with a supplemental demographic index
85.14score in the 70th percentile or higher within the state.
85.15 (1) 20 percent or more of the residents have income below the federal poverty thresholds;
85.16 (2) the tract has a United States Centers for Disease Control and Prevention Social
85.17Vulnerability Index greater than 0.80;
85.18 (3) the upper limit of the lowest quintile of household income is less than the state upper
85.19limit of the lowest quintile;
85.20 (4) the housing vacancy rate is greater than the state average; or
85.21 (5) the percent of the population receiving Supplemental Nutrition Assistance Program
85.22(SNAP) benefits is greater than the state average.
85.23 (c) "Supplemental demographic index" means an index in the Environmental Justice
85.24Screening and Mapping Tool developed by the United States Environmental Protection
85.25Agency that is based on socioeconomic indicators, including low income, unemployment,
85.26less than high school education, limited English speaking, and low life expectancy.
85.27 (c) (d) "City" means a statutory or home rule charter city located within the metropolitan
85.28area.
85.29Sec. 36. Laws 2023, chapter 60, article 1, section 2, subdivision 2, is amended to read:
72,785,00079,311,00085.30Subd. 2.Environmental Analysis and Outcomes
85Article 2 Sec. 36.
25-02506 as introduced02/10/25 REVISOR CKM/KR 86.1 Appropriations by Fund
202586.2 2024
53,047,00060,103,00086.3General
19,533,00018,959,00086.4Environmental
205,000249,00086.5Remediation
86.6(a) $122,000 the first year and $125,000 the
86.7second year are from the general fund for:
86.8(1) a municipal liaison to assist municipalities
86.9in implementing and participating in the
86.10rulemaking process for water quality standards
86.11and navigating the NPDES/SDS permitting
86.12process;
86.13(2) enhanced economic analysis in the
86.14rulemaking process for water quality
86.15standards, including more-specific analysis
86.16and identification of cost-effective permitting;
86.17(3) developing statewide economic analyses
86.18and templates to reduce the amount of
86.19information and time required for
86.20municipalities to apply for variances from
86.21water quality standards; and
86.22(4) coordinating with the Public Facilities
86.23Authority to identify and advocate for the
86.24resources needed for urban, suburban, and
86.25Greater Minnesota municipalities to achieve
86.26permit requirements.
86.27(b) $216,000 the first year and $219,000 the
86.28second year are from the environmental fund
86.29for a monitoring program under Minnesota
86.30Statutes, section 116.454.
86.31(c) $132,000 the first year and $137,000 the
86.32second year are for monitoring water quality
86.33and operating assistance programs.
86Article 2 Sec. 36.
25-02506 as introduced02/10/25 REVISOR CKM/KR 87.1(d) $390,000 the first year and $399,000 the
87.2second year are from the environmental fund
87.3for monitoring ambient air for hazardous
87.4pollutants.
87.5(e) $106,000 the first year and $109,000 the
87.6second year are from the environmental fund
87.7for duties related to harmful chemicals in
87.8children's products under Minnesota Statutes,
87.9sections 116.9401 to 116.9407. Of this
87.10amount, $68,000 the first year and $70,000
87.11the second year are transferred to the
87.12commissioner of health.
87.13(f) $128,000 the first year and $132,000 the
87.14second year are from the environmental fund
87.15for registering wastewater laboratories.
87.16(g) $1,492,000 the first year and $1,519,000
87.17the second year are from the environmental
87.18fund to continue perfluorochemical
87.19biomonitoring in eastern metropolitan
87.20communities, as recommended by the
87.21Environmental Health Tracking and
87.22Biomonitoring Advisory Panel, and to address
87.23other environmental health risks, including air
87.24quality. The communities must include Hmong
87.25and other immigrant farming communities.
87.26Of this amount, up to $1,226,000 the first year
87.27and $1,248,000 the second year are for transfer
87.28to the commissioner of health.
87.29(h) $61,000 the first year and $62,000 the
87.30second year are from the environmental fund
87.31for the listing procedures for impaired waters
87.32required under this act.
87.33(i) $72,000 the first year and $74,000 the
87.34second year are from the remediation fund for
87Article 2 Sec. 36.
25-02506 as introduced02/10/25 REVISOR CKM/KR 88.1the leaking underground storage tank program
88.2to investigate, clean up, and prevent future
88.3releases from underground petroleum storage
88.4tanks and for the petroleum remediation
88.5program for vapor assessment and
88.6remediation. These same annual amounts are
88.7transferred from the petroleum tank fund to
88.8the remediation fund.
88.9(j) $500,000 the first year is to facilitate the
88.10collaboration and modeling of greenhouse gas
88.11impacts, costs, and benefits of strategies to
88.12reduce statewide greenhouse gas emissions.
88.13This is a onetime appropriation.
88.14(k) $50,266,000 the first year and $50,270,000
88.15the second year are to establish and implement
88.16a local government climate resiliency and
88.17water infrastructure grant program for local
88.18governmental units and Tribal governments.
88.19Of this amount, $49,100,000 each year is for
88.20grants to support communities in planning and
88.21implementing projects that will allow for
88.22adaptation for a changing climate. At least 40
88.23percent of the money granted under this
88.24paragraph must be for projects in areas that
88.25meet environmental justice criteria. By
88.26December 30, 2027, the commissioner must
88.27submit a report on the use of grant money to
88.28the chairs and ranking minority members of
88.29the legislative committees with jurisdiction
88.30over environment and natural resources
88.31finance. This appropriation is available until
88.32June 30, 2027. The base for this appropriation
88.33in fiscal year 2026 and beyond is $270,000.
88Article 2 Sec. 36.
25-02506 as introduced02/10/25 REVISOR CKM/KR 89.1(l) $75,000 the first year is for a grant to the
89.2city of Fergus Falls to address water-quality
89.3concerns at Lake Alice.
89.4(m) $150,000 the first year is for a grant to
89.5Rice County to address water-quality concerns
89.6at French Lake.
89.7(n) $75,000 the first year is for a grant to
89.8Ramsey County to address water-quality
89.9concerns at Round Lake.
89.10(o) Recipients of money appropriated in
89.11paragraphs (l), (m), and (n) may use the grants
89.12to contract for water-quality improvement
89.13services, testing, necessary infrastructure,
89.14training, and maintenance.
89.15(p) $2,070,000 the first year and $2,070,000
89.16the second year are from the environmental
89.17fund to develop and implement a program
89.18related to emerging issues, including
89.19Minnesota's PFAS Blueprint.
89.20(q) $1,820,000 the first year and $1,820,000
89.21the second year are from the environmental
89.22fund to support improved management of data
89.23collected by the agency and its partners and
89.24regulated parties to facilitate decision-making
89.25and public access.
89.26(r) $500,000 the first year is from the general
89.27fund for the report on firefighter turnout gear
89.28and biomonitoring required under this act. Of
89.29this amount, up to $250,000 $425,000 may be
89.30transferred to the commissioner of health for
89.31biomonitoring of firefighters. This
89.32appropriation is available until June 30, 2027.
89.33(s) $500,000 the first year is to develop
89.34protocols to be used by agencies and
89Article 2 Sec. 36.
25-02506 as introduced02/10/25 REVISOR CKM/KR 90.1departments for sampling and testing
90.2groundwater, surface water, public drinking
90.3water, and private wells for microplastics and
90.4nanoplastics and to begin implementation. The
90.5commissioner of the Pollution Control Agency
90.6may transfer money appropriated under this
90.7paragraph to the commissioners of agriculture,
90.8natural resources, and health to implement the
90.9protocols developed. This is a onetime
90.10appropriation and is available until June 30,
90.112025.
90.12(t) $50,000 the first year is from the
90.13remediation fund for the work group on PFAS
90.14manufacturer fees and report required under
90.15this act.
90.16(u) $387,000 the first year and $90,000 the
90.17second year are to develop and implement the
90.18requirements for fish kills under Minnesota
90.19Statutes, sections 103G.216 and 103G.2165.
90.20Of this amount, up to $331,000 the first year
90.21and $90,000 the second year may be
90.22transferred to the commissioners of health,
90.23natural resources, agriculture, and public
90.24safety and to the Board of Regents of the
90.25University of Minnesota as necessary to
90.26implement those sections. The base for this
90.27appropriation for fiscal year 2026 and beyond
90.28is $7,000.
90.29(v) $63,000 the first year and $92,000 the
90.30second year are for transfer to the
90.31commissioner of health for amending the
90.32health risk limit for PFOS. This is a onetime
90.33appropriation and is available until June 30,
90.342026.
90Article 2 Sec. 36.
25-02506 as introduced02/10/25 REVISOR CKM/KR 91.1(w) $5,000,000 the first year is for community
91.2air-monitoring grants as provided in this act.
91.3This is a onetime appropriation and is
91.4available until June 30, 2027.
91.5(x) $2,333,000 the first year and $2,333,000
91.6the second year are to adopt rules and
91.7implement air toxics emissions requirements
91.8under Minnesota Statutes, section 116.062.
91.9The general fund appropriations are onetime
91.10and are available until June 30, 2027. The base
91.11for this appropriation is $0 in fiscal year 2026
91.12and $1,400,000 from the environmental fund
91.13in fiscal year 2027 and beyond.
91.14 EFFECTIVE DATE.This section is effective retroactively from July 1, 2023.
91.15Sec. 37. Laws 2023, chapter 60, article 1, section 2, subdivision 7, is amended to read:
57,974,00082,000,00091.16Subd. 7.Resource Management and Assistance
91.17 Appropriations by Fund
202591.18 2024
13,850,00038,464,00091.19General
44,124,00043,536,00091.20Environmental
91.21(a) Up to $150,000 the first year and $150,000
91.22the second year may be transferred from the
91.23environmental fund to the small business
91.24environmental improvement loan account
91.25under Minnesota Statutes, section 116.993.
91.26(b) $1,000,000 the first year and $1,000,000
91.27the second year are for competitive recycling
91.28grants under Minnesota Statutes, section
91.29115A.565. Of this amount, $300,000 the first
91.30year and $300,000 the second year are from
91.31the general fund, and $700,000 the first year
91.32and $700,000 the second year are from the
91Article 2 Sec. 37.
25-02506 as introduced02/10/25 REVISOR CKM/KR 92.1environmental fund. This appropriation is
92.2available until June 30, 2027.
92.3(c) $694,000 the first year and $694,000 the
92.4second year are from the environmental fund
92.5for emission-reduction activities and grants to
92.6small businesses and other
92.7nonpoint-emission-reduction efforts. Of this
92.8amount, $100,000 the first year and $100,000
92.9the second year are to continue work with
92.10Clean Air Minnesota, and the commissioner
92.11may enter into an agreement with
92.12Environmental Initiative to support this effort.
92.13(d) $18,450,000 the first year and $18,450,000
92.14the second year are from the environmental
92.15fund for SCORE block grants to counties.
92.16(e) $119,000 the first year and $119,000 the
92.17second year are from the environmental fund
92.18for environmental assistance grants or loans
92.19under Minnesota Statutes, section 115A.0716.
92.20(f) $400,000 the first year and $400,000 the
92.21second year are from the environmental fund
92.22for grants to develop and expand recycling
92.23markets for Minnesota businesses. This
92.24appropriation is available until June 30, 2027.
92.25(g) $767,000 the first year and $770,000 the
92.26second year are from the environmental fund
92.27for reducing and diverting food waste,
92.28redirecting edible food for consumption, and
92.29removing barriers to collecting and recovering
92.30organic waste. Of this amount, $500,000 each
92.31year is for grants to increase food rescue and
92.32waste prevention. This appropriation is
92.33available until June 30, 2027.
92Article 2 Sec. 37.
25-02506 as introduced02/10/25 REVISOR CKM/KR 93.1(h) $2,797,000 the first year and $2,811,000
93.2the second year are from the environmental
93.3fund for the purposes of Minnesota Statutes,
93.4section 473.844.
93.5(i) $318,000 the first year and $324,000 the
93.6second year are from the environmental fund
93.7to address chemicals in products, including to
93.8implement and enforce flame retardant
93.9provisions under Minnesota Statutes, section
93.10325F.071, and perfluoroalkyl and
93.11polyfluoroalkyl substances in food packaging
93.12provisions under Minnesota Statutes, section
93.13325F.075. Of this amount, $78,000 the first
93.14year and $80,000 the second year are
93.15transferred to the commissioner of health.
93.16(j) $180,000 the first year and $140,000 the
93.17second year are for quantifying climate-related
93.18impacts from projects for environmental
93.19review. This is a onetime appropriation. This
93.20appropriation is available until June 30, 2026.
93.21(k) $1,790,000 the first year and $70,000 the
93.22second year are for accelerating pollution
93.23prevention at small businesses. Of this amount,
93.24$1,720,000 the first year is for transfer to the
93.25environmental fund for zero-interest loans
93.26under Minnesota Statutes, section 116.993, to
93.27phase out high-polluting equipment, products,
93.28and processes and replace with new options.
93.29This appropriation is available until June 30,
93.302027. This is a onetime appropriation.
93.31(l) $190,000 the first year and $190,000 the
93.32second year are to support the Greenstep Cities
93.33program. This is a onetime appropriation. This
93.34appropriation is available until June 30, 2026.
93Article 2 Sec. 37.
25-02506 as introduced02/10/25 REVISOR CKM/KR 94.1(m) $420,000 the first year is to complete a
94.2study on the viability of recycling solar energy
94.3equipment. This is a onetime appropriation
94.4and is available until June 30, 2026.
94.5(n) $650,000 the first year and $650,000 the
94.6second year are from the environmental fund
94.7for Minnesota GreenCorps investment.
94.8(o) $4,210,000 the first year and $210,000 the
94.9second year are for PFAS reduction grants.
94.10Of this amount, $4,000,000 the first year is
94.11for grants to industry and public entities to
94.12identify sources of PFAS entering facilities
94.13and to develop pollution prevention and
94.14reduction initiatives to reduce PFAS entering
94.15facilities, prevent releases, and monitor the
94.16effectiveness of these projects. Priority must
94.17be given to projects in underserved
94.18communities. This is a onetime appropriation
94.19and is available until June 30, 2027.
94.20(p) $12,940,000 the first year and $12,940,000
94.21the second year are for a waste prevention and
94.22reduction grants and loan program. This is a
94.23onetime appropriation and is available until
94.24June 30, 2027. Of this amount in the first year,
94.25$7,950,000 is for waste prevention and
94.26reduction grants and loans and $3,000,000 is
94.27for a grant to the owner of a biomass energy
94.28generation plant in Shakopee that uses waste
94.29heat from the generation of electricity in the
94.30malting process to purchase a wood dehydrator
94.31to facilitate disposal of wood that is infested
94.32by the emerald ash borer. Of this amount in
94.33the second year, $10,950,000 is for waste
94.34prevention and reduction grants and loans,
94.35including $1,000,000 for transfer to the
94Article 2 Sec. 37.
25-02506 as introduced02/10/25 REVISOR CKM/KR 95.1environmental fund for the purposes of
95.2Minnesota Statutes, section 115A.0716. By
95.3October 1, 2024, the commissioner of the
95.4Pollution Control Agency must report to the
95.5chairs and ranking minority members of the
95.6legislative committees and divisions with
95.7jurisdiction over environment and natural
95.8resources on the use of money appropriated
95.9for the wood dehydrator under this paragraph.
95.10(q) $16,562,000 the first year is for grants to
95.11a Minnesota nonprofit corporation that owns
95.12a cogeneration facility that serves a St. Paul
95.13district heating and cooling system to preserve
95.14existing biomass energy infrastructure for
95.15purposes of local and regional emerald ash
95.16borer response efforts. The commissioner of
95.17the Pollution Control Agency may require the
95.18nonprofit corporation to charge a fee per ton
95.19of wood waste delivered to the facility. This
95.20is a onetime appropriation and is available
95.21until June 30, 2030.
95.22(r) $1,163,000 the first year and $1,115,000
95.23the second year are from the environmental
95.24fund for rulemaking and implementation of
95.25the new PFAS requirements under Minnesota
95.26Statutes, section 116.943. Of this amount,
95.27$312,000 the first year and $468,000 the
95.28second year are for transfer to the
95.29commissioner of health.
95.30(s) $680,000 the first year is for the resource
95.31management report required in this act. This
95.32is a onetime appropriation and is available
95.33until June 30, 2026.
95.34(t) $35,000 the second year is from the
95.35environmental fund for the compostable
95Article 2 Sec. 37.
25-02506 as introduced02/10/25 REVISOR CKM/KR 96.1labeling requirements under Minnesota
96.2Statutes, section 325E.046. The base for this
96.3appropriation in fiscal year 2026 and beyond
96.4is $68,000 from the environmental fund.
96.5(u) $175,000 the first year is for the
96.6rulemaking required under this act providing
96.7for the safe and lawful disposal of waste
96.8treated seed. This appropriation is available
96.9until June 30, 2025.
96.10(v) $1,000,000 the first year is for a lead tackle
96.11reduction program that provides outreach,
96.12education, and opportunities to safely dispose
96.13of and exchange lead tackle throughout the
96.14state. This is a onetime appropriation and is
96.15available until June 30, 2027.
96.16(w) $17,000 the first year is for rulemaking
96.17for the capital assistance program. This is a
96.18onetime appropriation.
96.19(x) Any unencumbered grant and loan
96.20balances in the first year do not cancel but are
96.21available for grants and loans in the second
96.22year. Notwithstanding Minnesota Statutes,
96.23section 16A.28, the appropriations
96.24encumbered on or before June 30, 2025, as
96.25contracts or grants for environmental
96.26assistance awarded under Minnesota Statutes,
96.27section 115A.0716; technical and research
96.28assistance under Minnesota Statutes, section
96.29115A.152; technical assistance under
96.30Minnesota Statutes, section 115A.52; and
96.31pollution prevention assistance under
96.32Minnesota Statutes, section 115D.04, are
96.33available until June 30, 2027.
96.34 EFFECTIVE DATE.This section is effective retroactively from July 1, 2023.
96Article 2 Sec. 37.
25-02506 as introduced02/10/25 REVISOR CKM/KR 97.1 Sec. 38. REPEALER.
97.2 Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
97.311, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316;
97.4115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328;
97.5115A.1330; 115A.9155; 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9; 115A.961,
97.6subdivisions 1, 2, and 3; 325E.125; and 325E.1251, are repealed.
97.7 EFFECTIVE DATE.This section is effective January 1, 2027.
97Article 2 Sec. 38.
25-02506 as introduced02/10/25 REVISOR CKM/KR Page.Ln 1.25APPROPRIATIONS...............................................................................ARTICLE 1
Page.Ln 33.21ENVIRONMENT AND NATURAL RESOURCES POLICY..............ARTICLE 2
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APPENDIX
Article locations for 25-02506 115A.1310 DEFINITIONS.
Subdivision 1.Scope.For the purposes of sections 115A.1310 to 115A.1330, the following
terms have the meanings given.
Subd. 2.Cathode-ray tube or CRT."Cathode-ray tube" or "CRT" means a vacuum tube or
picture tube used to convert an electronic signal into a visual image.
Subd. 3.Collection."Collection" means the aggregation of covered electronic devices from
households and includes all the activities up to the time the covered electronic devices are delivered
to a recycler.
Subd. 4.Collector."Collector" means a public or private entity that receives covered electronic
devices from households and arranges for the delivery of the devices to a recycler.
Subd. 5.Computer."Computer" means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device performing logical, arithmetic, or storage functions, but
does not include an automated typewriter or typesetter, a portable handheld calculator or device,
or other similar device.
Subd. 6.Computer monitor."Computer monitor" means an electronic device that is a
cathode-ray tube or flat panel display primarily intended to display information from a central
processing unit or the Internet.
Subd. 7.Covered electronic device."Covered electronic device" means computers, including
tablet computers and laptop computers, peripherals, facsimile machines, DVD players, video cassette
recorders, and video display devices that are sold to a household by means of retail, wholesale, or
electronic commerce.
Subd. 8.Department."Department" means the Department of Revenue.
Subd. 9.Dwelling unit."Dwelling unit" has the meaning given in section 238.02, subdivision
21a.
Subd. 10.Household."Household" means an occupant of a single detached dwelling unit or a
single unit of a multiple dwelling unit located in this state who has used a video display device at
a dwelling unit primarily for personal use.
Subd. 11.Manufacturer."Manufacturer" means a person who:
(1) manufactures video display devices to be sold under its own brand as identified by its own
brand label; or
(2) sells video display devices manufactured by others under its own brand as identified by its
own brand label.
Subd. 12.Peripheral."Peripheral" means a keyboard, printer, or any other device sold
exclusively for external use with a computer that provides input or output into or from a computer.
Subd. 12a.Phase I recycling credits."Phase I recycling credits" means the number of pounds
of covered electronic devices recycled by a manufacturer from households during program years
one through nine, less the product of the number of pounds of video display devices sold to
households during the same program year, multiplied by the proportion of sales a manufacturer is
required to recycle.
Subd. 12b.Phase II recycling credits."Phase II recycling credits" means an amount calculated
in a program year beginning July 1, 2019, and in each program year thereafter, according to the
formula (1.5 x A) - (B - C), where:
A = the number of pounds of covered electronic devices a manufacturer recycled or arranged
to have collected and recycled during a program year from households located outside the 11-county
metropolitan area, as defined in section 115A.1314, subdivision 2;
B = the manufacturer's recycling obligation calculated for the same program year in section
115A.1320, subdivision 1, paragraph (g); and
C = the number of pounds of covered electronic devices a manufacturer recycled or arranged
to have collected and recycled, up to but not exceeding B, during the same program year from
households in the 11-county metropolitan area.
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Repealed Minnesota Statutes: 25-02506 Subd. 12c.Portable battery."Portable battery" means a rechargeable battery as defined in
section 115A.9157.
Subd. 13.Program year."Program year" means the period from July 1 through June 30.
Subd. 14.Recycler."Recycler" means a public or private individual or entity who accepts
covered electronic devices from households and collectors for the purpose of recycling. A
manufacturer who takes products for refurbishment or repair is not a recycler.
Subd. 15.Recycling."Recycling" means the process of collecting and preparing video display
devices or covered electronic devices for use in manufacturing processes or for recovery of usable
materials followed by delivery of such materials for use. Recycling does not include the destruction
by incineration or other process or land disposal of recyclable materials nor reuse, repair, or any
other process through which video display devices or covered electronic devices are returned to
use for households in their original form.
Subd. 17.Retailer."Retailer" means a person who sells, rents, or leases, through sales outlets,
catalogs, or the Internet, a video display device to a household and not for resale in any form.
Subd. 18.Sell or sale."Sell" or "sale" means any transfer for consideration of title or of the
right to use, by lease or sales contract, including, but not limited to, transactions conducted through
sales outlets, catalogs, or the Internet, or any other similar electronic means either inside or outside
of the state, by a person who conducts the transaction and controls the delivery of a video display
device to a consumer in the state, but does not include a manufacturer's or distributor's wholesale
transaction with a distributor or a retailer.
Subd. 19.Television."Television" means an electronic device that is a cathode-ray tube or flat
panel display primarily intended to receive video programming via broadcast, cable, or satellite
transmission or video from surveillance or other similar cameras.
Subd. 20.Video display device."Video display device" means a television or computer monitor
that contains a cathode-ray tube or a flat panel screen that is marketed by manufacturers for use by
households. Video display device does not include any of the following:
(1) a video display device that is part of a motor vehicle or any component part of a motor
vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement
parts for use in a motor vehicle;
(2) a video display device, including a touch-screen display, that is functionally or physically
part of a larger piece of equipment or is designed and intended for use in an industrial; commercial,
including retail; library checkout; traffic control; kiosk; security, other than household security;
border control; or medical setting, including diagnostic, monitoring, or control equipment;
(3) a video display device that is contained within a clothes washer, clothes dryer, refrigerator,
refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air
conditioner, dehumidifier, or air purifier; or
(4) a telephone of any type.
115A.1312 REGISTRATION PROGRAM.
Subdivision 1.Requirements for sale.(a) On or after September 1, 2007, a manufacturer must
not sell or offer for sale or deliver to retailers for subsequent sale a new video display device unless:
(1) the video display device is labeled with the manufacturer's brand, which label is permanently
affixed and readily visible; and
(2) the manufacturer has filed a registration with the agency, as specified in subdivision 2.
(b) A retailer must not sell, offer for sale, rent, or lease a video display device unless the video
display device is labeled according to this subdivision and listed as registered on the agency website
according to subdivision 2.
(c) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's
registration expired or was revoked and the retailer took possession of the video display device
prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred
within six months after the expiration or revocation.
Subd. 2.Manufacturer registration.(a) By August 15 each year, a manufacturer of video
display devices sold or offered for sale to households in the state must submit a registration to the
agency that includes:
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APPENDIX
Repealed Minnesota Statutes: 25-02506 (1) a list of the manufacturer's brands of video display devices offered for sale in this state;
(2) the name, address, and contact information of a person responsible for ensuring compliance
with this chapter; and
(3) a certification that the manufacturer has complied and will continue to comply with the
requirements of sections 115A.1312 to 115A.1318.
(b) A manufacturer of video display devices sold or offered for sale to a household must include
in the registration submitted under paragraph (a), a statement disclosing whether:
(1) any video display devices sold to households exceed the maximum concentration values
established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB's),
and polybrominated diphenyl ethers (PBDE's) under the RoHS (restricting the use of certain
hazardous substances in electrical and electronic equipment) Directive 2002/95/EC of the European
Parliament and Council and any amendments thereto; or
(2) the manufacturer has received an exemption from one or more of those maximum
concentration values under the RoHS Directive that has been approved and published by the European
Commission.
(c) A manufacturer who begins to sell or offer for sale video display devices to households after
August 15, 2016, and has not filed a registration under this subdivision must submit a registration
to the agency within ten days of beginning to sell or offer for sale video display devices to
households.
(d) A registration must be updated within ten days after a change in the manufacturer's brands
of video display devices sold or offered for sale to households.
(e) A registration is effective upon receipt by the agency and is valid until August 15 each year.
(f) The agency must review each registration and notify the manufacturer of any information
required by this section that is omitted from the registration. Within 30 days of receipt of a
notification from the agency, the manufacturer must submit a revised registration providing the
information noted by the agency.
(g) The agency must maintain on its website the names of manufacturers and the manufacturers'
brands listed in registrations filed with the agency. The agency must update the website information
promptly upon receipt of a new or updated registration. The website must contain prominent language
stating, in effect, that sections 115A.1310 to 115A.1330 are directed at household equipment and
the manufacturers' brands list is, therefore, not a list of manufacturers qualified to sell to industrial,
commercial, or other markets identified as exempt from the requirements of sections 115A.1310
to 115A.1330.
Subd. 3.Collector registration.No person may operate as a collector of covered electronic
devices from households unless that person has submitted a registration with the agency by July
15 each year on a form prescribed by the commissioner. Registration information must include the
name, address, telephone number, and location of the business and a certification that the collector
has complied and will continue to comply with the requirements of sections 115A.1312 to 115A.1318
and any regulations adopted by a local government unit for the jurisdiction in which the collector
operates. A collector must indicate any end-of-life fees that will be charged at the collection point.
A registration is effective upon receipt by the agency and is valid until July 15 each year.
Subd. 4.Recycler registration.No person may recycle video display devices generated by
households unless that person has submitted a registration with the agency by July 15 each year on
a form prescribed by the commissioner. Registration information must include the name, address,
telephone number, and location of all recycling facilities under the direct control of the recycler
that may receive covered electronic devices from households and a certification that the recycler
has complied and will continue to comply with the requirements of sections 115A.1312 to 115A.1318.
A registered recycler must conduct recycling activities that are consistent with this chapter. A
registration is effective upon receipt by the agency and is valid until July 15 each year.
115A.1314 MANUFACTURER REGISTRATION FEE.
Subdivision 1.Registration fee.(a) Each manufacturer who registers under section 115A.1312
must, by August 15 each year, pay to the commissioner of revenue an annual registration fee, on a
form and in a manner prescribed by the commissioner of revenue. The commissioner of revenue
must deposit the fee in the state treasury and credit the fee to the environmental fund.
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Repealed Minnesota Statutes: 25-02506 (b) The registration fee for manufacturers that sell 100 or more video display devices to
households in the state during the previous calendar year is $2,500, plus a variable recycling fee.
The registration fee for manufacturers that sell fewer than 100 video display devices in the state
during the previous calendar year is a variable recycling fee. The variable recycling fee is calculated
according to the formula:
[A - (B + C)] x D, where:
A = the manufacturer's recycling obligation as determined under section 115A.1320;
B = the number of pounds of covered electronic devices that a manufacturer recycled or arranged
to have collected and recycled from households during the immediately preceding program year,
as reported under section 115A.1316, subdivision 1;
C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate
the variable recycling fee; and
D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers
who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for
manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling
obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100
percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who
recycle 100 percent or more of the manufacturer's recycling obligation.
(c) A manufacturer may petition the agency to waive the per-pound cost of recycling fee, element
D in the formula in paragraph (b), required under this section. The agency shall direct the
commissioner of revenue to waive the per-pound cost of recycling fee if the manufacturer
demonstrates to the agency's satisfaction a good faith effort to meet its recycling obligation as
determined under section 115A.1320. The petition must include:
(1) documentation that the manufacturer has met at least 75 percent of its recycling obligation
as determined under section 115A.1320;
(2) a list of political subdivisions and public and private collectors with whom the manufacturer
had a formal contract or agreement in effect during the previous program year to recycle or collect
covered electronic devices;
(3) the total amounts of covered electronic devices collected from both within and outside of
the 11-county metropolitan area, as defined in subdivision 2;
(4) a description of the manufacturer's best efforts to meet its recycling obligation as determined
under section 115A.1320; and
(5) any other information requested by the agency.
(d) A manufacturer may retain phase I and phase II recycling credits to be added, in whole or
in part, to the actual value of C, as reported under section 115A.1316, subdivision 2, during any
succeeding program year, provided that no more than 25 percent of a manufacturer's recycling
obligation A for any program year may be met with phase I and phase II recycling credits, separately
or in combination, generated in a prior program year. A manufacturer may sell any portion or all
of its phase I and phase II recycling credits to another manufacturer, at a price negotiated by the
parties, who may use the credits in the same manner.
(e) For the purpose of determining B in calculating a manufacturer's variable recycling fee using
the formula under paragraph (b), starting with the program year beginning July 1, 2019, and
continuing each year thereafter, the weight of covered electronic devices that a manufacturer recycled
or arranged to have collected and recycled from households located outside the 11-county
metropolitan area, as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their actual
weight.
Subd. 2.Use of registration fees.(a) Registration fees may be used by the commissioner for:
(1) implementing sections 115A.1312 to 115A.1330, including transfer to the commissioner of
revenue to carry out the department's duties under section 115A.1320, subdivision 2, and transfer
to the commissioner of administration for responsibilities under section 115A.1324; and
(2) grants to counties outside the 11-county metropolitan area, as defined in paragraph (b), and
to private entities that collect for recycling covered electronic devices in counties outside the
11-county metropolitan area, where the collection and recycling is consistent with the respective
county's solid waste plan, for the purpose of carrying out the activities under sections 115A.1312
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APPENDIX
Repealed Minnesota Statutes: 25-02506 to 115A.1330. In awarding competitive grants under this clause, the commissioner must give
preference to counties and private entities that are working cooperatively with manufacturers to
help them meet their recycling obligations under section 115A.1318, subdivision 1.
(b) The 11-county metropolitan area consists of the counties of Anoka, Carver, Chisago, Dakota,
Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
115A.1316 REPORTING REQUIREMENTS.
Subdivision 1.Manufacturer reporting requirements.(a) By March 1 each year, each
manufacturer must report to the agency using the form prescribed:
(1) the total weight of each specific model of its video display devices sold to households during
the previous calendar year; and
(2) either:
(i) the total weight of its video display devices sold to households during the previous calendar
year; or
(ii) an estimate of the total weight of its video display devices sold to households during the
previous calendar year, calculated by multiplying the weight of its video display devices sold
nationally times the quotient of Minnesota's population divided by the national population. All
manufacturers with sales of 99 or fewer video display devices to households in the state during the
previous calendar year must report using the method under this item for calculating sales.
A manufacturer must submit with the report required under this paragraph a description of how the
information or estimate was calculated.
(b) By August 15 each year, each manufacturer must report to the agency:
(1) the total weight of covered electronic devices the manufacturer collected from households
and recycled or arranged to have collected and recycled during the preceding program year;
(2) the number of phase I and phase II recycling credits the manufacturer has purchased and
sold during the preceding program year;
(3) the number of phase I and phase II recycling credits possessed by the manufacturer that the
manufacturer elects to use in the calculation of its variable recycling fee under section 115A.1314,
subdivision 1; and
(4) the number of phase I and phase II recycling credits the manufacturer retains at the beginning
of the current program year.
(c) Upon request of the commissioner of revenue, the agency shall provide a copy of each report
to the commissioner of revenue.
Subd. 2.Recycler reporting requirements.(a) By July 15 each year, a recycler of covered
electronic devices must report to the agency:
(1) the total weight of covered electronic devices recycled during the preceding program year
and must certify that the recycler has complied with section 115A.1318, subdivision 2;
(2) the weight of video display devices recycled as part of covered electronic devices recycled
during the previous program year; and
(3) an estimate of the weight of portable batteries and any mercury-containing lamps that are
associated with the covered electronic devices managed.
(b) Upon request of the commissioner of revenue, the agency shall provide a copy of each report
to the commissioner of revenue.
Subd. 3.Collector reporting requirements.By July 15 each year, a collector must report
separately to the agency using the form prescribed by the commissioner:
(1) the total pounds of covered electronic devices collected in the state;
(2) a list of all recyclers to whom collectors delivered covered electronic devices; and
(3) whether the collector had a contract with a recycler or manufacturer to provide pounds
toward meeting a manufacturer's obligation.
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Repealed Minnesota Statutes: 25-02506 115A.1318 RESPONSIBILITIES.
Subdivision 1.Manufacturer responsibilities.(a) In addition to fulfilling the requirements of
sections 115A.1310 to 115A.1330, a manufacturer must comply with paragraphs (b) to (f).
(b) A manufacturer must annually recycle or arrange for the collection and recycling of an
amount of video display devices as determined by the agency in section 115A.1320, subdivision
1. A manufacturer must assume all financial responsibility associated with transporting and recycling
covered electronic devices that are used to meet the manufacturer's recycling obligation determined
under section 115A.1320 or that are counted as phase I or II recycling credits, including any necessary
supplies. This excludes costs that are associated with receiving and aggregating covered electronic
devices from households and all the activities up to the time that covered electronic devices are
loaded for transport to a recycler or arranged for transportation to a recycler.
(c) The obligations of a manufacturer apply only to video display devices received from
households and do not apply to video display devices received from sources other than households.
(d) A manufacturer must conduct and document due diligence assessments of collectors and
recyclers it contracts with, including an assessment of items specified under subdivision 2. A
manufacturer is responsible for maintaining, for a period of three years, documentation that all
covered electronic devices recycled, partially recycled, or sent to downstream recycling operations
comply with the requirements of subdivision 2.
(e) A manufacturer must provide the agency with contact information for a person who can be
contacted regarding the manufacturer's activities under sections 115A.1310 to 115A.1320.
(f) Only the covered electronic devices that are recycled by a registered recycler that is certified
by an ANSI-ASQ National Accreditation Board-accredited third-party certification body to an
environmentally sound management standard are eligible to meet the manufacturer's obligation.
Subd. 1a.Collector responsibilities.(a) Collection sites must be:
(1) staffed; and
(2) open to the public at a frequency adequate to meet the needs of the area being served.
(b) A collector may limit the number of covered electronic devices or covered electronic devices
by product type accepted per customer per day or per delivery at a collection site or service.
(c) A collector must use only registered recyclers.
Subd. 2.Recycler responsibilities.(a) As part of the report submitted under section 115A.1316,
subdivision 2, a recycler must certify, except as provided in paragraph (b), that facilities that recycle
covered electronic devices, including all downstream recycling operations:
(1) use only registered collectors;
(2) comply with all applicable health, environmental, safety, and financial responsibility
regulations;
(3) are licensed by all applicable governmental authorities;
(4) use no prison labor to recycle video display devices;
(5) possess liability insurance of not less than $1,000,000 for environmental releases, accidents,
and other emergencies;
(6) provide a report annually to each registered collector regarding the video display devices
received from that entity; and
(7) do not charge collectors for transporting, recycling, or any necessary supplies related to
transporting or recycling covered electronic devices that meet a manufacturer's recycling obligation
as determined under section 115A.1320, unless otherwise mutually agreed upon.
(b) A nonprofit corporation that contracts with a correctional institution to refurbish and reuse
donated computers in schools is exempt from paragraph (a), clauses (4) and (5).
(c) Except to the extent otherwise required by law and unless agreed upon otherwise by the
recycler or manufacturer, a recycler has no responsibility for any data that may be contained in a
covered electronic device if an information storage device is included in the covered electronic
device.
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Repealed Minnesota Statutes: 25-02506 Subd. 3.Retailer responsibilities.A retailer who sells new video display devices shall provide
information to households describing where and how they may recycle video display devices and
advising them of opportunities and locations for the convenient collection of video display devices
for the purpose of recycling. This requirement may be met by providing to households the agency's
toll-free number and website address. Retailers selling through catalogs or the Internet may meet
this requirement by including the information in a prominent location on the retailer's website.
115A.1320 AGENCY AND DEPARTMENT DUTIES.
Subdivision 1.Duties of agency.(a) The agency shall administer sections 115A.1310 to
115A.1330.
(b) The agency shall establish procedures for:
(1) receipt and maintenance of the registration statements and certifications filed with the agency
under section 115A.1312; and
(2) making the statements and certifications easily available to manufacturers, retailers, and
members of the public.
(c) The agency shall annually review the following variables that are used to calculate a
manufacturer's annual registration fee under section 115A.1314, subdivision 1:
(1) the obligation-setting mechanism for manufacturers as specified under paragraph (g);
(2) the estimated per-pound price of recycling covered electronic devices sold to households;
and
(3) the base registration fee.
(d) If the agency determines that any of these values must be changed in order to improve the
efficiency or effectiveness of the activities regulated under sections 115A.1312 to 115A.1330, or
if the revenues exceed the amount that the agency determines is necessary, the agency shall submit
recommended changes and the reasons for them to the chairs of the senate and house of
representatives committees with jurisdiction over solid waste policy.
(e) By May 1 each year, the agency shall publish a statewide recycling goal for all video display
device waste that is the weight of all video display devices collected for recycling during each of
the three most recently completed program years, excluding the most recently concluded program
year, divided by two.
(f) By May 1 each year, the agency shall determine each registered manufacturer's market share
of video display devices to be collected and recycled based on the manufacturer's percentage share
of the total weight of video display devices sold as reported to the agency under section 115A.1316,
subdivision 1.
(g) By May 1 each year, the agency shall provide each manufacturer with a determination of
the manufacturer's share of video display devices to be collected and recycled. A manufacturer's
market share of video display devices as specified in paragraph (f) is applied proportionally to the
statewide recycling goal as specified in paragraph (e) to determine an individual manufacturer's
recycling obligation. Upon request by the commissioner of revenue, the agency must provide the
information submitted to manufacturers under this paragraph to the commissioner of revenue.
(h) The agency shall provide a report to the governor and the legislature on the implementation
of sections 115A.1310 to 115A.1330. For each program year, the report must discuss the total
weight of covered electronic devices recycled and a summary of information in the reports submitted
by manufacturers and recyclers under section 115A.1316. The report must also discuss the various
collection programs used by manufacturers to collect covered electronic devices; information
regarding covered electronic devices that are being collected by persons other than registered
manufacturers, collectors, and recyclers; and information about covered electronic devices, if any,
being disposed of in landfills in this state. The report must examine which covered electronic
devices, based on economic and environmental considerations, should be subject to the
obligation-setting mechanism under paragraph (g). The report must include a description of
enforcement actions under sections 115A.1310 to 115A.1330. The agency may include in its report
other information received by the agency regarding the implementation of sections 115A.1312 to
115A.1330. The report must be done in conjunction with the report required under section 115A.121.
(i) The agency shall promote public participation in the activities regulated under sections
115A.1312 to 115A.1330 through public education and outreach efforts.
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Repealed Minnesota Statutes: 25-02506 (j) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner provided by
sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those provisions enforced
by the department, as provided in subdivision 2. The agency may revoke a registration of a collector
or recycler found to have violated sections 115A.1310 to 115A.1330.
(k) The agency shall facilitate communication between counties, collection and recycling centers,
and manufacturers to ensure that manufacturers are aware of video display devices available for
recycling.
(l) The agency shall post on its website the contact information provided by each manufacturer
under section 115A.1318, subdivision 1, paragraph (e).
Subd. 2.Additional duties.(a) The agency must collect the data submitted to it annually by
each manufacturer on the total weight of each specific model of video display device sold to
households, if provided; the total weight of video display devices sold to households; the total
weight of covered electronic devices collected from households that are recycled; and data on phase
I and phase II recycling credits, as required under section 115A.1316. The department must use
this data to review each manufacturer's annual registration fee submitted to the department to ensure
that the fee was calculated accurately.
(b) The agency must estimate, for each registered manufacturer, the sales of video display
devices to households during the previous program year, based on:
(1) data provided by a manufacturer on sales of video display devices to households, including
documentation describing how that amount was calculated and certification that the amount is
accurate; or
(2) if a manufacturer does not provide the data specified in clause (1), national data on sales of
video display devices.
The department must use the data specified in this subdivision to review each manufacturer's annual
registration fee submitted to the department to ensure that the fee was calculated accurately according
to the formula in section 115A.1314, subdivision 1.
(c) The department must enforce section 115A.1314, subdivision 1. The audit, assessment,
appeal, collection, enforcement, disclosure, and other administrative provisions of chapters 270B,
270C, and 289A that apply to the taxes imposed under chapter 297A apply to the fee imposed under
section 115A.1314, subdivision 1. To enforce section 115A.1314, subdivision 1, the commissioner
of revenue may grant extensions to pay, and impose and abate penalties and interest on, the fee due
under section 115A.1314, subdivision 1, in the manner provided in chapters 270C and 289A as if
the fee were a tax imposed under chapter 297A.
(d) The department may disclose nonpublic data to the agency only when necessary for the
efficient and effective administration of the activities regulated under sections 115A.1310 to
115A.1330. Any data disclosed by the department to the agency retains the classification it had
when in the possession of the department.
115A.1322 OTHER RECYCLING PROGRAMS.
A city, county, or other public agency may not require households to use public facilities to
recycle their covered electronic devices to the exclusion of other lawful programs available. Cities,
counties, and other public agencies, including those awarded contracts by the agency under section
115A.1314, subdivision 2, are encouraged to work with manufacturers to assist them in meeting
their recycling obligations under section 115A.1318, subdivision 1. Nothing in sections 115A.1310
to 115A.1330 prohibits or restricts the operation of any program recycling covered electronic devices
in addition to those provided by manufacturers or prohibits or restricts any persons from receiving,
collecting, transporting, or recycling covered electronic devices, provided that those persons are
registered under section 115A.1312.
115A.1323 ANTICOMPETITIVE CONDUCT.
(a) A manufacturer that organizes collection or recycling under sections 115A.1310 to 115A.1322
is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement
its chosen organized collection or recycling system and is immune from liability under state laws
relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or
commerce.
(b) An organization of manufacturers, an individual manufacturer, and its officers, members,
employees, and agents who cooperate with a political subdivision that organizes collection or
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Repealed Minnesota Statutes: 25-02506 recycling under this section are authorized to engage in anticompetitive conduct to the extent
necessary to plan and implement the organized collection or recycling system, provided that the
political subdivision actively supervises the participation of each entity. An organization, entity,
or person covered by this paragraph is immune from liability under state law relating to antitrust,
restraint of trade, unfair trade practices, and other regulation of trade or commerce.
115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.
(a) The Department of Administration must ensure that acquisitions of video display devices
under chapter 16C are in compliance with or not subject to sections 115A.1310 to 115A.1318.
(b) The solicitation documents must specify that the prospective responder is required to
cooperate fully in providing reasonable access to its records and documents that evidence compliance
with paragraph (a) and sections 115A.1310 to 115A.1318.
(c) Any person awarded a contract under chapter 16C for purchase or lease of video display
devices that is found to be in violation of paragraph (a) or sections 115A.1310 to 115A.1318 is
subject to the following sanctions:
(1) the contract must be voided if the commissioner of administration determines that the
potential adverse impact to the state is exceeded by the benefit obtained from voiding the contract;
(2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 1230.1150;
and
(3) if the attorney general establishes that any money, property, or benefit was obtained by a
contractor as a result of violating paragraph (a) or sections 115A.1310 to 115A.1318, the court
may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money,
property, or benefit.
115A.1326 REGULATING VIDEO DISPLAY DEVICES.
If the United States Environmental Protection Agency adopts regulations under the Resource
Conservation and Recovery Act regarding the handling, storage, or treatment of any type of video
display device being recycled, those regulations are automatically effective in this state on the same
date and supersede any rules previously adopted by the agency regarding the handling, storage, or
treatment of all video display devices being recycled.
115A.1328 MULTISTATE IMPLEMENTATION.
The agency and department are authorized to participate in the establishment of a regional
multistate organization or compact to assist in carrying out the requirements of this chapter.
115A.1330 LIMITATIONS.
Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal laws, take
effect that is applicable to all video display devices sold in the United States and establish a program
for the collection and recycling or reuse of video display devices that is applicable to all video
display devices discarded by households.
115A.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES.
Subdivision 1.Prohibition.A person may not place in mixed municipal solid waste a dry cell
battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed
lead-acid that was purchased for use or used by a government agency, or an industrial,
communications, or medical facility.
Subd. 2.Manufacturer responsibility.(a) A manufacturer of batteries subject to subdivision
1 shall:
(1) ensure that a system for the proper collection, transportation, and processing of waste batteries
exists for purchasers in Minnesota; and
(2) clearly inform each final purchaser of the prohibition on disposal of waste batteries and of
the system or systems for proper collection, transportation, and processing of waste batteries available
to the purchaser.
(b) To ensure that a system for the proper collection, transportation, and processing of waste
batteries exists, a manufacturer shall:
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Repealed Minnesota Statutes: 25-02506 (1) identify collectors, transporters, and processors for the waste batteries and contract or
otherwise expressly agree with a person or persons for the proper collection, transportation, and
processing of the waste batteries; or
(2) accept waste batteries returned to its manufacturing facility.
(c) At the time of sale of a battery subject to subdivision 1, a manufacturer shall provide in a
clear and conspicuous manner a telephone number that the final consumer of the battery can call
to obtain information on specific procedures to follow in returning the battery for recycling or
proper disposal. The manufacturer may include the telephone number and notice of return procedures
on an invoice or other transaction document held by the purchaser. The manufacturer shall provide
the telephone number to the commissioner of the agency.
(d) A manufacturer shall ensure that the cost of proper collection, transportation, and processing
of the waste batteries is included in the sales transaction or agreement between the manufacturer
and any purchaser.
(e) A manufacturer that has complied with this subdivision is not liable under subdivision 1 for
improper disposal by a person other than the manufacturer of waste batteries.
115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.
Subdivision 1.Definition.For the purpose of this section, "rechargeable battery" means a sealed
nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a
rechargeable battery governed by section 115A.9155 or exempted by the commissioner under
subdivision 9.
Subd. 2.Prohibition.Effective August 1, 1991, a person may not place in mixed municipal
solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable
rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack,
from which all batteries or battery packs have not been removed.
Subd. 3.Collection and management costs.A manufacturer of rechargeable batteries or
products powered by rechargeable batteries is responsible for the costs of collecting and managing
its waste rechargeable batteries and waste products to ensure that the batteries are not part of the
solid waste stream.
Subd. 5.Collection and management programs.(a) By September 20, 1995, the manufacturers
or their representative organization shall implement permanent programs, based on the results of
the pilot projects required in Minnesota Statutes 1994, section 115A.9157, subdivision 4, that may
be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating
manufacturers' products powered by rechargeable batteries that are generated in the state. The
batteries and products collected must be recycled or otherwise managed or disposed of properly.
(b) In every odd-numbered year after 1995, each manufacturer or a representative organization
shall provide information to the senate and house of representatives committees having jurisdiction
over environment and natural resources and environment and natural resources finance that specifies
at least the estimated amount of rechargeable batteries subject to this section sold in the state by
each manufacturer and the amount of batteries each collected during the previous two years. A
representative organization may report the amounts in aggregate for all the members of the
organization.
Subd. 6.List of participants.A manufacturer or its representative organization shall inform
the committees listed in subdivision 5 when they begin participating in the projects and programs
and immediately if they withdraw participation.
Subd. 7.Contracts.A manufacturer or a representative organization of manufacturers may
contract with the state or a political subdivision to provide collection services under this section.
The manufacturer or organization shall fully reimburse the state or political subdivision for the
value of any contractual services rendered under this subdivision.
Subd. 8.Anticompetitive conduct.A manufacturer or organization of manufacturers and its
officers, members, employees, and agents who participate in projects or programs to collect and
properly manage waste rechargeable batteries or products powered by rechargeable batteries are
immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices,
and other regulation of trade or commerce for activities related to the collection and management
of batteries and products required under this section.
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Repealed Minnesota Statutes: 25-02506 Subd. 9.Exemptions.To ensure that new types of batteries do not add additional hazardous or
toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may
exempt a new type of rechargeable battery from the requirements of this section if it poses no
unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal
solid waste.
115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL.
Subdivision 1.Definition.For the purposes of this section, "household batteries" means
disposable or rechargeable dry cells commonly used as power sources for household or consumer
products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc
oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries.
Subd. 2.Program.(a) The commissioner, in consultation with other state agencies, political
subdivisions, and representatives of the household battery industry, may develop household battery
programs. The commissioner must coordinate the programs with the Legislative-Citizen Commission
on Minnesota Resources study on batteries.
(b) The commissioner shall investigate options and develop guidelines for collection, processing,
and disposal of household batteries. The options the commissioner may investigate include:
(1) establishing a grant program for counties to plan and implement household battery collection,
processing, and disposal projects;
(2) establishing collection and transportation systems;
(3) developing and disseminating educational materials regarding environmentally sound battery
management; and
(4) developing markets for materials recovered from the batteries.
(c) The commissioner may also distribute funds to political subdivisions to develop battery
management plans and implement those plans.
Subd. 3.Participation.A political subdivision, on its own or in cooperation with others, may
implement a program to collect, process, or dispose of household batteries. A political subdivision
may provide financial incentives to any person, including public or private civic groups, to collect
the batteries.
325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS.
Subdivision 1.Labeling.(a) The manufacturer of a button cell battery that is to be sold in this
state shall ensure that each battery contains no intentionally introduced mercury or is labeled to
clearly identify for the final consumer of the battery the type of electrode used in the battery.
(b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that
each rechargeable battery is labeled to clearly identify for the final consumer of the battery the type
of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery shall
also provide clear instructions for properly recharging the battery.
Subd. 2.Mercury content.(a) Except as provided in paragraph (c), a manufacturer may not
sell, distribute, or offer for sale in this state an alkaline manganese battery that contains more than
0.025 percent mercury by weight.
(b) On application, the commissioner of the Pollution Control Agency may exempt a specific
type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the
requirements that can be reasonably substituted for the battery for which the exemption is sought.
A battery exempted by the commissioner under this paragraph is subject to the requirements of
section 115A.9155, subdivision 2.
(c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for sale in
this state a button cell nonrechargeable battery not subject to paragraph (a) that contains more than
25 milligrams of mercury.
(d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery
containing a mercuric oxide electrode.
(e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this state
an alkaline manganese battery, except an alkaline manganese button cell, that contains mercury
unless the commissioner of the Pollution Control Agency determines that compliance with this
requirement is not technically and commercially feasible.
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Repealed Minnesota Statutes: 25-02506 Subd. 2a.Approval of new batteries.A manufacturer may not sell, distribute, or offer for sale
in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide, lithium, or
alkaline manganese battery, without first having received approval of the battery from the
commissioner of the Pollution Control Agency. The commissioner shall approve only batteries that
comply with subdivision 1 and do not pose an undue hazard when disposed of. This subdivision is
intended to ensure that new types of batteries do not add additional hazardous or toxic materials to
the state's mixed municipal waste stream.
Subd. 3.Rechargeable tools and appliances.(a) A manufacturer may not sell, distribute, or
offer for sale in this state a rechargeable consumer product unless:
(1) the battery can be easily removed by the consumer or is contained in a battery pack that is
separate from the product and can be easily removed; and
(2) the product and the battery are both labeled in a manner that is clearly visible to the consumer
indicating that the battery must be recycled or disposed of properly and the battery must be clearly
identifiable as to the type of electrode used in the battery.
(b) "Rechargeable consumer product" as used in this subdivision means any product that contains
a rechargeable battery and is primarily used or purchased to be used for personal, family, or
household purposes.
(c) On application by a manufacturer, the commissioner of the Pollution Control Agency may
exempt a rechargeable consumer product from the requirements of paragraph (a) if:
(1) the product cannot be reasonably redesigned and manufactured to comply with the
requirements prior to the effective date of Laws 1990, chapter 409, section 2;
(2) the redesign of the product to comply with the requirements would result in significant
danger to public health and safety; or
(3) the type of electrode used in the battery poses no unreasonable hazards when placed in and
processed or disposed of as part of mixed municipal solid waste.
(d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph
(c), clause (1), must be limited to a maximum of two years and may be renewed.
Subd. 4.Rechargeable batteries and products; notice.(a) A person who sells rechargeable
batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail
shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing
decisions.
(b) The notice must be at least four inches by six inches and state:
"ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS:
Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and
products powered by nonremovable rechargeable batteries will provide a special collection system
for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the
special collection system that will be provided in your area. Take care of our environment.
DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY
NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."
(c) Notice is not required for home solicitation sales, as defined in section 325G.06, or for
catalogue sales.
Subd. 5.Prohibitions.A manufacturer of rechargeable batteries or products powered by
rechargeable batteries that does not participate in the pilot projects and programs required in section
115A.9157 may not sell, distribute, or offer for sale in this state rechargeable batteries or products
powered by rechargeable batteries after January 1, 1992.
After January 1, 1992, a person who first purchases rechargeable batteries or products powered
by rechargeable batteries for importation into the state for resale may not purchase rechargeable
batteries or products powered by rechargeable batteries made by any person other than a manufacturer
that participates in the projects and programs required under section 115A.9157.
325E.1251 PENALTY ENFORCEMENT .
Subdivision 1.Penalty.Violation of section 325E.125 is a misdemeanor. A manufacturer who
violates section 325E.125 is also subject to a minimum fine of $100 per violation.
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Repealed Minnesota Statutes: 25-02506 Subd. 2.Recovery of costs.Section 325E.125 may be enforced under section 115.071. In an
enforcement action under this section in which the state prevails, the state may recover reasonable
administrative expenses, court costs, and attorney fees incurred to take the enforcement action, in
an amount to be determined by the court.
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Repealed Minnesota Statutes: 25-02506