Minnesota Legislature
HF 3911
1st Unofficial Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/07/2024 05:07pm
1.26 1.27
1.28 1.29 1.30 1.31 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32
5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22
13.23
13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6
15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18
15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18
20.19
20.20 20.21
20.22 20.23 20.24 20.25 20.26 20.27 20.28
20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7
21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 22.1 22.2
22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13
22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29
22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5
23.6
23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18
23.19
23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29
23.30
24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23
24.24
24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28
25.29
25.30 25.31 25.32 26.1 26.2
26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15
27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26
28.27 28.28 28.29 28.30
29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15
29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 34.1 34.2 34.3 34.4 34.5
34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14
34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24
34.25 34.26 34.27 34.28 34.29
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9
35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18
39.19
39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15
40.16 40.17 40.18 40.19 40.20
40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30
42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13
42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 45.1 45.2 45.3
45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13
45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29
46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12
47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23
47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10
48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19
48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17
50.18
50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27
50.28 50.29 50.30 50.31 51.1 51.2
51.3
51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6
52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10
53.11
53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8
54.9
54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30
55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18
56.19
56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7
57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 58.1 58.2
58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19
58.20
58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14
59.15 59.16 59.17 59.18 59.19 59.20
59.21 59.22 59.23 59.24 59.25 59.26 59.27
59.28 59.29
60.1 60.2
60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9
63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18
66.19 66.20
66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6
67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20
67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32
68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21
68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3
69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 70.1 70.2 70.3 70.4
70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18
70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9
72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17
73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10
74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31
75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23
75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33
76.34
77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18
77.19
77.20 77.21 77.22
77.23 77.24
77.25 77.26 77.27
78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 86.1 86.2 86.3
86.4 86.5 86.6 86.7 86.8 86.9 86.10
86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9
89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14
91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20
92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 93.1 93.2 93.3 93.4
93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 94.1 94.2 94.3 94.4 94.5 94.6 94.7
94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 95.1 95.2 95.3 95.4
95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19
95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 101.1 101.2 101.3
101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30
108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 109.1 109.2 109.3 109.4 109.5
109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9
110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14
113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28
115.29 115.30 115.31 115.32 115.33 115.34 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22
116.23 116.24 116.25 116.26 116.27 116.28
117.1 117.2 117.3
117.4 117.5 117.6 117.7
117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20
117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8
118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 119.1 119.2
119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20
A bill for an act
relating to state government; appropriating money for environment and natural
resources; modifying prior appropriations; providing for and modifying disposition
of certain receipts; modifying and establishing duties, authorities, and prohibitions
regarding environment and natural resources; modifying and creating environment
and natural resources programs; modifying and creating grant programs; modifying
remedies, penalties, and enforcement; modifying requirements for recreation
vehicles; modifying state trail, state forest, and state park provisions; modifying
forestry provisions; modifying game and fish provisions; modifying water law;
modifying environmental review and permitting requirements; authorizing sales,
conveyances, and leases of certain state lands; establishing a Packaging Waste and
Cost Reduction program; modifying and providing for fees; making technical
changes; requiring reports; authorizing rulemaking; amending Minnesota Statutes
2022, sections 84.788, subdivisions 5a, 6; 85.015, subdivision 1b; 93.222; 93.25,
subdivisions 1, 2; 94.343, subdivision 8a; 94.3495, by adding a subdivision;
97A.105, subdivision 8; 97A.475, subdivisions 2, 3; 97B.031, by adding a
subdivision; 97B.667, subdivision 3; 115.071, subdivisions 1, 4, by adding
subdivisions; 116.07, subdivision 9, by adding subdivisions; 116.11; 116.92, by
adding a subdivision; Minnesota Statutes 2023 Supplement, sections 115.03,
subdivision 1; 325E.3892, subdivision 2; Laws 2023, chapter 60, article 1, section
3, subdivision 3; article 3, section 35; article 8, section 6, subdivision 9; proposing
coding for new law in Minnesota Statutes, chapters 84; 86B; 93; 115A; 116; 282;
repealing Minnesota Statutes 2022, sections 85.012, subdivisions 27b, 58; 97B.318;
97B.802; 138.662, subdivision 33.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
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new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
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new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2024 new text end |
new text begin
2025 new text end |
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Sec. 2. new text begin POLLUTION CONTROL AGENCY
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new text begin Subdivision 1. new text end
new text begin
Total Appropriation
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new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
11,351,000 new text end |
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new text begin
Appropriations by Fund new text end |
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new text begin
2024 new text end |
new text begin
2025 new text end |
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new text begin
General new text end |
new text begin
-0- new text end |
new text begin
6,200,000 new text end |
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new text begin
Environmental new text end |
new text begin
-0- new text end |
new text begin
5,151,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Air Regulatory Work; Environmental
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new text begin
$2,975,000 the second year is from the
environmental fund for prioritizing air
regulatory program work in environmental
justice areas. This appropriation is available
until June 30, 2027. The base in fiscal year
2026 and thereafter is $2,625,000.
new text end
new text begin Subd. 3. new text end
new text begin
Legal Services
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new text begin
$525,000 the second year is from the
environmental fund for Operations Division
legal services that support industrial
compliance programs.
new text end
new text begin
$3,500,000 the second year is for legal costs.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin Subd. 4. new text end
new text begin
Mobile Emissions Monitoring Trailer
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new text begin
$1,025,000 the second year is from the
environmental fund to construct and operate
a mobile emissions regulatory monitoring
trailer. This appropriation is available until
June 30, 2027. The base in fiscal year 2026
and thereafter is $535,000.
new text end
new text begin Subd. 5. new text end
new text begin
Researching Climate Adaptation and
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new text begin
$750,000 the second year is for the
Researching Climate Adaptation and
Resilience Costs for Minnesota Study. This is
a onetime appropriation and is available until
June 30, 2026.
new text end
new text begin Subd. 6. new text end
new text begin
Composting Grants for Multifamily
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new text begin
(a) $1,700,000 the second year is to make
grants for pilot projects that encourage
composting by residents of multifamily
buildings. Notwithstanding Minnesota
Statutes, section 16B.98, subdivision 14, the
commissioner may use up to five percent of
this appropriation for administrative costs.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(b) Eligible applicants include: (1) a political
subdivision; (2) an owner of a multifamily
building; or (3) an organization that is exempt
from taxation under section 501(c)(3) of the
Internal Revenue Code.
new text end
new text begin
(c) The commissioner must submit a report
on the grants awarded under this subdivision
to the chairs and ranking minority members
of the senate and house of representatives
committees with primary jurisdiction over
environment policy and finance. The report
must contain, at a minimum, a list of grantees,
the amount of each grant awarded, the
activities undertaken with grant funds, and, if
possible, the results of the grant with respect
to encouraging composting in multifamily
buildings. The report is due by October 1,
2027.
new text end
new text begin Subd. 7. new text end
new text begin
Electronic Recycling Study
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new text begin
$150,000 the second year is for a contract with
an independent third party to conduct a study
that examines the barriers to electronics
recycling and recommends ways those barriers
may be overcome. Notwithstanding Minnesota
Statutes, section 16B.98, subdivision 14, the
commissioner may use up to two percent of
this appropriation for administrative costs.
This is a onetime appropriation.
new text end
new text begin Subd. 8. new text end
new text begin
Olmsted County Environmental
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new text begin
$100,000 the second year is for a grant to
Olmsted County for the environmental
remediation of a 12-acre tax-forfeited property
in Haverhill Township. This appropriation
may be used to remove tires and solid waste,
demolish buildings, and remove asbestos
contamination. This is a onetime
appropriation.
new text end
new text begin Subd. 9. new text end
new text begin
Critical Materials Recovery Advisory
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new text begin
$319,000 the second year is from the
environmental fund for the costs of the Critical
Materials Recovery Advisory Task Force. This
is a onetime appropriation.
new text end
new text begin Subd. 10. new text end
new text begin
State Salt Purchase Reporting
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new text begin
$88,000 the second year is from the
environmental fund for the annual reporting
requirements of the purchase of deicing salt
by state agencies under Minnesota Statutes,
section 116.2021.
new text end
new text begin Subd. 11. new text end
new text begin
Boat Wrap Product Stewardship
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new text begin
$219,000 the second year is from the
environmental fund for the cost of
administering the boat wrap product
stewardship program under Minnesota
Statutes, section 115A.1416. The base budget
for this appropriation is $363,000 in fiscal year
2026, and $219,000 in fiscal year 2027 and
thereafter.
new text end
new text begin Subd. 12. new text end
new text begin
Extending Appropriation Availability
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new text begin
The appropriations in Laws 2023, chapter 60,
article 1, section 2, subdivision 2, paragraphs
(l), (m), and (n), are available until June 30,
2025.
new text end
new text begin Subd. 13. new text end
new text begin
Availability of Climate Resiliency and
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new text begin
Of the amount appropriated under Laws 2023,
chapter 60, article 1, section 2, subdivision 2,
paragraph (k), for a climate resiliency and
water infrastructure grant program, up to
$5,000,000 may be used to supplement any
federal grant that the commissioner receives
under the United States Environmental
Protection Agency's Climate Pollution
Reduction Grant (CPRG) program.
new text end
Sec. 3. new text begin DEPARTMENT OF NATURAL
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new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
768,000 new text end |
new text begin
$ new text end |
new text begin
18,094,000 new text end |
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new text begin
Appropriations by Fund new text end |
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new text begin
2024 new text end |
new text begin
2025 new text end |
|
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new text begin
General new text end |
new text begin
-0- new text end |
new text begin
8,500,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
-0- new text end |
new text begin
2,880,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
768,000 new text end |
new text begin
6,297,000 new text end |
|
new text begin
Permanent School new text end |
new text begin
-0- new text end |
new text begin
417,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Legal Costs
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new text begin
(a) $1,000,000 the second year is for legal
costs. This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin
(b) The commissioner of natural resources
must work with the commissioners of
management and budget, the Pollution Control
Agency, and other cabinet departments that
incur significant litigation-related costs to
develop recommendations for a statewide
funding strategy to address escalating
litigation-related costs across cabinet agencies.
That strategy should consider the
unpredictable and outsized effects that major
litigation can have on an individual agency's
budget. The commissioners must submit a
report of the recommendations to the relevant
committee chairs by December 15, 2024.
new text end
new text begin Subd. 3. new text end
new text begin
Public Safety Costs
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new text begin
$200,000 the second year is for public safety
costs. This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Electronic Licensing System
|
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new text begin
$2,600,000 the second year is to support the
development and implementation of a modern
electronic licensing system. Of this amount,
$330,000 is from the water recreation account;
$80,000 is from the snowmobile account;
$204,000 is from the all-terrain vehicle
account; $7,000 is from the off-highway
motorcycle account; $4,000 is from the
off-road vehicle account; and $1,975,000 is
from the game and fish fund. This is a onetime
appropriation and is available until June 30,
2026.
new text end
new text begin Subd. 5. new text end
new text begin
Compensation for Conservation Officers
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new text begin
(a) $300,000 the second year is to maintain
current law enforcement service levels. Of this
amount, $30,000 is from the water recreation
account; $15,000 is from the all-terrain vehicle
account; and $255,000 is from the game and
fish fund.
new text end
new text begin
(b) The base for fiscal year 2026 and thereafter
is $1,080,000, and of this amount, $108,000
is from the water recreation account; $54,000
is from the all-terrain vehicle account; and
$918,000 is from the game and fish fund.
new text end
new text begin Subd. 6. new text end
new text begin
Keep it Clean Grants
|
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new text begin
$1,418,000 the second year is for grants to
local units of government and
nongovernmental organizations to implement
local programs to prevent water pollution due
to garbage and human waste left on the ice of
state waters during winter-use activities.
Notwithstanding Minnesota Statutes, section
16B.98, subdivision 14, the commissioner may
use up to five percent of this appropriation for
administrative costs. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin Subd. 7. new text end
new text begin
Unsafe Ice Search and Rescue
|
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new text begin
$200,000 the second year is to reimburse
county sheriffs and other local law
enforcement agencies for search and rescue
operations related to recreational activities on
unsafe ice under Minnesota Statutes, section
86B.1065. Activities eligible for
reimbursement under this appropriation must
be of an unusual and nonrecurring nature that
are over and above the county sheriff or other
agency's regular operating budget and include
but are not limited to rental of private
equipment and employment of personnel hired
expressly for the search and rescue operation.
Reimbursement under this appropriation is
limited to 50 percent of the reimbursable costs
subject to a maximum state payment of $5,000
per agency for each search and rescue
operation. This is a onetime appropriation and
is available until June 30, 2027.
new text end
new text begin Subd. 8. new text end
new text begin
International Wolf Center
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||||||
new text begin
$1,332,000 the second year is for maintenance,
repair, energy efficiency improvements,
heating and ventilation system replacement,
and visitor enhancements to the building
currently leased to the International Wolf
Center in Ely, Minnesota. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin Subd. 9. new text end
new text begin
Outdoor School For All Minnesota
|
||||||
new text begin
(a) $2,000,000 the second year is for the
outdoor school for all Minnesota students
program under Minnesota Statutes, section
84.9766. Notwithstanding Minnesota Statutes,
section 16B.98, subdivision 14, the
commissioner may use up to five percent of
this appropriation for administrative costs.
This is a onetime appropriation and is
available until June 30, 2026.
new text end
new text begin
(b) By January 1, 2027, the commissioner of
natural resources must submit a report on the
outdoor school for all Minnesota students
program to the chairs and ranking minority
members of the legislative committees with
jurisdiction over education and environment
policy and finance. The report must include
information on the awarded grants and any
measures that grantees have used to address
accessibility of outdoor educational
opportunities for underserved students and
students with disabilities.
new text end
new text begin Subd. 10. new text end
new text begin
Condemnation of Certain Land in
|
||||||
new text begin
$750,000 the second year is to initiate
condemnation proceedings of the lands
described in article 2, section 42. The
commissioner may use this appropriation for
project costs, including but not limited to
valuation expenses, legal fees, closing costs,
and transactional staff costs. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin Subd. 11. new text end
new text begin
Outreach and Education
|
||||||
new text begin
$1,400,000 the second year is to create new
or expand existing outreach and education
programs for nonnative English-speaking
communities. Of this amount, $200,000 is for
the commissioner of the Pollution Control
Agency and $200,000 is for the Board of
Water and Soil Resources for this purpose. Of
the $1,000,000 for the commissioner of natural
resources, $200,000 is for a competitive grant
program for nonprofit organizations to connect
youth in underserved communities in
metropolitan area environmental justice areas
with outdoor experiences, and $800,000 is for
the Fishing in the Neighborhood program for
outreach to new and underserved audiences.
This appropriation may be used for community
outreach consultants for reaching new
audiences. This is a onetime appropriation and
is available until June 30, 2028.
new text end
new text begin Subd. 12. new text end
new text begin
Nonlethal Beaver Management Grants
|
||||||
new text begin
$500,000 the second year is from the heritage
enhancement account in the game and fish
fund for a nonlethal beaver management grant
program in the metropolitan area.
Notwithstanding Minnesota Statutes, section
16B.98, subdivision 14, the commissioner may
use up to five percent of this appropriation for
administrative costs. This is a onetime
appropriation and is available until June 30,
2026.
new text end
new text begin Subd. 13. new text end
new text begin
Report on Recreational Use of
|
||||||
new text begin
$417,000 the second year is transferred from
the forest suspense account to the permanent
school fund and is appropriated from the
permanent school fund for the Office of
School Trust Lands for conducting the study
of the recreational use of school trust lands.
This is a onetime transfer.
new text end
new text begin Subd. 14. new text end
new text begin
Nonpetroleum Gas Regulatory
|
||||||
new text begin
(a) $768,000 the first year is from the minerals
management account in the natural resources
fund for the Gas Production Technical
Advisory Committee. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(b) $2,406,000 the second year is from the
minerals management account in the natural
resources fund to adopt a regulatory
framework for gas and oil production in
Minnesota and for rulemaking. This is a
onetime appropriation and is available until
June 30, 2028.
new text end
new text begin Subd. 15. new text end
new text begin
Legislative Report on Geologic Carbon
|
||||||
new text begin
$301,000 the second year is from the minerals
management account in the natural resources
fund to develop a geologic carbon
sequestration report and chair the Geologic
Carbon Sequestration Technical Advisory
Committee. This is a onetime appropriation
and is available until June 30, 2027.
new text end
new text begin Subd. 16. new text end
new text begin
All-Terrain Vehicle Grant-in-Aid
|
||||||
new text begin
$1,500,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for the grant-in-aid program
under Minnesota Statutes, section 84.927,
subdivision 2, clause (4). This is a onetime
appropriation.
new text end
new text begin Subd. 17. new text end
new text begin
Prospector Loop ATV Trail System
|
||||||
new text begin
$1,200,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for a grant to St. Louis County
to construct and maintain the Prospector Loop
all-terrain vehicle trail system. This is a
onetime appropriation.
new text end
new text begin Subd. 18. new text end
new text begin
Off-Highway Motorcycle Trail
|
||||||
new text begin
(a) $20,000 the second year is from the
off-highway motorcycle account in the natural
resources fund for grants to qualifying
off-highway motorcycle organizations to assist
in providing safety and environmental
education and monitoring trails on public lands
according to Minnesota Statutes, section
84.9011. Grants awarded under this
subdivision must be issued through a formal
agreement with the organization.
new text end
new text begin
(b) By December 15 each year, an
organization receiving a grant under this
subdivision must report to the commissioner
with details on how the money was expended
and what outcomes were achieved.
new text end
new text begin Subd. 19. new text end
new text begin
Outdoor Recreation Opportunities for
|
||||||
new text begin
$200,000 the second year is from the natural
resources fund for projects and activities that
connect diverse and underserved Minnesotans
through expanding cultural environmental
experiences, exploration of their environment,
and outdoor recreational activities. This
appropriation is from revenue deposited in the
natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (j). This
is a onetime appropriation and is added to the
appropriation in Laws 2023, chapter 60, article
1, section 3, subdivision 5, paragraph (m).
new text end
new text begin Subd. 20. new text end
new text begin
Aggregate Resource Inventory
|
||||||
new text begin
$150,000 the second year is from the heritage
enhancement account in the game and fish
fund for the aggregate resource mapping
program to update Information Circular 46,
Aggregate Resources Inventory of the
Seven-County Metropolitan Area, Minnesota
(Minnesota Geological Survey 2000), with
particular emphasis on projected needs and
the estimated time until the aggregate resource
is exhausted and to perform duties under
Minnesota Statutes, section 84.94. This is a
onetime appropriation.
new text end
new text begin Subd. 21. new text end
new text begin
Study of Impact of Eagles on Loons
|
||||||
new text begin
$200,000 the second year is for the study of
impact of eagles on loons in article 2, section
47. This is a onetime appropriation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4. new text begin BOARD OF WATER AND SOIL
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,300,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Manure Management Grants
|
||||||
new text begin
$2,000,000 the second year is for manure
management grants. Notwithstanding
Minnesota Statutes, section 16B.98,
subdivision 14, the board may use up to five
percent of this appropriation for administrative
costs. This is a onetime appropriation and is
available until June 30, 2026.
new text end
new text begin Subd. 3. new text end
new text begin
Red River of the North; Adaptive
|
||||||
new text begin
(a) $300,000 the second year is for a grant to
the Red River Basin Commission to facilitate
development of a feasibility assessment of
adaptive phosphorus management for the Red
River of the North. The commission may
contract with outside experts or academic
institutions in developing the assessment. The
assessment: (1) must address applicable
water-quality targets for phosphorus loading;
(2) must include an allocation of phosphorus
between point and nonpoint sources; (3) must
identify cost-effective nutrient reduction
implementation strategies; and (4) may include
other state water-quality goals and objectives.
This is a onetime appropriation and is
available until June 30, 2026.
new text end
new text begin
(b) In developing the assessment, the Red
River Basin Commission must use available
data and analysis to the extent feasible and
incorporate input from an advisory group that
includes representatives of agriculture, soil
and water conservation districts, watershed
districts, municipalities, and other Minnesota
organizations represented on the board of
directors of the Red River Basin Commission.
The Red River Basin Commission may also
work with representatives from relevant
organizations from North Dakota, South
Dakota, and Manitoba.
new text end
new text begin
(c) By June 30, 2026, the Red River Basin
Commission must submit the final assessment
to the chairs and ranking minority members
of the legislative committees with jurisdiction
over agriculture and environment policy and
finance.
new text end
Sec. 5. new text begin METROPOLITAN COUNCIL
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
500,000 new text end |
||
new text begin
$500,000 the second year is from the natural
resources fund for new fishing piers to
increase fishing opportunities on lakes in the
metropolitan parks system. The council shall
solicit applications from member park systems
for proposals under this section. This is a
onetime appropriation and is from revenue
deposited in the natural resources fund under
Minnesota Statutes, section 297A.94,
paragraph (h), clause (3). This appropriation
is available until June 30, 2026.
new text end
Sec. 6.
Laws 2023, chapter 60, article 1, section 3, subdivision 3, is amended to read:
Subd. 3.Ecological and Water Resources
|
48,738,000 |
45,797,000 |
||||
| Appropriations by Fund |
||
| 2024 |
2025 |
|
| General |
27,083,000 |
26,142,000 |
| Natural Resources |
13,831,000 |
13,831,000 |
| Game and Fish |
7,824,000 |
5,824,000 |
(a) $4,222,000 the first year and $4,222,000
the second year are from the invasive species
account in the natural resources fund and
$2,831,000 the first year and $2,831,000 the
second year are from the general fund for
management, public awareness, assessment
and monitoring research, and water access
inspection to prevent the spread of invasive
species; management of invasive plants in
public waters; and management of terrestrial
invasive species on state-administered lands.
(b) $6,056,000 the first year and $6,056,000
the second year are from the water
management account in the natural resources
fund for only the purposes specified in
Minnesota Statutes, section 103G.27,
subdivision 2.
(c) $124,000 the first year and $124,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of the
cost of implementing the comprehensive plan
for the upper Mississippi within areas under
the board's jurisdiction. By December 15,
2025, the board must submit a report to the
chairs and ranking minority members of the
legislative committees and divisions with
jurisdiction over environment and natural
resources on the activities funded under this
paragraph and the progress made in
implementing the comprehensive plan.
(d) $10,000 the first year and $10,000 the
second year are for payment to the Leech Lake
Band of Chippewa Indians to implement the
band's portion of the comprehensive plan for
the upper Mississippi River.
(e) $300,000 the first year and $300,000 the
second year are for grants for up to 50 percent
of the cost of implementing the Red River
mediation agreement. The base for this
appropriation in fiscal year 2026 and beyond
is $264,000.
(f) $2,598,000 the first year and $2,598,000
the second year are from the heritage
enhancement account in the game and fish
fund for only the purposes specified in
Minnesota Statutes, section 297A.94,
paragraph (h), clause (1).
(g) $1,150,000 the first year and $1,150,000
the second year are from the nongame wildlife
management account in the natural resources
fund for nongame wildlife management.
Notwithstanding Minnesota Statutes, section
290.431, $100,000 the first year and $100,000
the second year may be used for nongame
wildlife information, education, and
promotion.
(h) Notwithstanding Minnesota Statutes,
section 84.943, $48,000 the first year and
$48,000 the second year from the critical
habitat private sector matching account may
be used to publicize the critical habitat license
plate match program.
(i) $6,000,000 the first year and $6,000,000
the second year are for the following activities:
(1) financial reimbursement and technical
support to soil and water conservation districts
or other local units of government for
groundwater-level monitoring;
(2) surface water monitoring and analysis,
including installing monitoring gauges;
(3) groundwater analysis to assist with
water-appropriation permitting decisions;
(4) permit application review incorporating
surface water and groundwater technical
analysis;
(5) precipitation data and analysis to improve
irrigation use;
(6) information technology, including
electronic permitting and integrated data
systems; and
(7) compliance and monitoring.
(j) new text begin Notwithstanding Minnesota Statutes,
section 297A.94, paragraph (k), new text end $2,410,000
the first year and $410,000 the second year
are from the heritage enhancement account in
the game and fish fund and $500,000 the first
year and $500,000 the second year are from
the general fund for grants to the Minnesota
Aquatic Invasive Species Research Center at
the University of Minnesota to prioritize,
support, and develop research-based solutions
that can reduce the effects of aquatic invasive
species in Minnesota by preventing spread,
controlling populations, and managing
ecosystems and to advance knowledge to
inspire action by others.new text begin The general fund
appropriations are available until June 30,
2025, and the heritage enhancement account
appropriations are available until June 30,
2028.
new text end
(k) $268,000 the first year and $268,000 the
second year are for increased capacity for
broadband utility licensing for state lands and
public waters. This is a onetime appropriation
and is available until June 30, 2028.
(l) $998,000 the first year and $568,000 the
second year are for protecting and restoring
carbon storage in state-administered peatlands
by reviewing and updating the state's peatland
inventory, piloting a restoration project, and
piloting trust fund buyouts. This is a onetime
appropriation and is available until June 30,
2028.
(m) $250,000 the first year is for a grant to the
Minnesota Lakes and Rivers Advocates to
work with civic leaders to purchase, install,
and operate waterless cleaning stations for
watercraft; conduct aquatic invasive species
education; and implement education upgrades
at public accesses to prevent invasive starry
stonewort spread beyond the lakes already
infested. This is a onetime appropriation and
is available until June 30, 2025.
(n) $1,720,000 the first year is to prevent and
manage invasive carp. This includes activities
related to the Mississippi River Lock and Dam
and stakeholder engagement. Up to $325,000
may be used for a grant to the Board of
Regents of the University of Minnesota to
study the Mississippi River Lock Dam 5
spillway and provide preliminary design to
optimize management to reduce invasive carp
passage.
(o) Up to $6,000,000 the first year is available
for transfer from the critical habitat private
sector matching account to the reinvest in
Minnesota fund to expand Grey Cloud Island
Scientific and Natural Area and for other
scientific and natural area acquisition,
restoration, and enhancement according to
Minnesota Statutes, section 84.943,
subdivision 5b.
(p) $40,000 the first year is for a grant to the
Stearns Coalition of Lake Associations to
manage aquatic invasive species. The
unencumbered balance of the general fund
appropriation in Laws 2021, First Special
Session chapter 6, article 1, section 3,
subdivision 3, paragraph (a), for the grant to
the Stearns Coalition of Lake Associations,
estimated to be $40,000, is canceled no later
than June 29, 2023.
(q) $200,000 the first year is for a grant to the
Board of Regents of the University of
Minnesota for the University of Minnesota
Water Council to develop a scope of work,
timeline, and budget for a plan to promote and
protect clean water in Minnesota for the next
50 years according to this act.
(r) The total general fund base budget for the
ecological and water resources division for
fiscal year 2026 and later is $24,870,000.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2023.
new text end
ARTICLE 2
ENVIRONMENT AND NATURAL RESOURCES POLICY
Section 1.
Minnesota Statutes 2022, section 84.788, subdivision 5a, is amended to read:
Subd. 5a.
Report of registration transfers.
(a) Application for transfer of registration
under this section must be made to the commissioner within 15 days of the date of transfer.
(b) An application for transfer must be executed by the deleted text begin registereddeleted text end new text begin currentnew text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.
(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
fails to apply for transfer of registration as provided under this subdivision.
Sec. 2.
Minnesota Statutes 2022, section 84.788, subdivision 6, is amended to read:
Subd. 6.
Registration fees.
(a) The fee for registration of an off-highway motorcycle
under this section, other than those registered by a dealer or manufacturer under paragraph
(b) or (c), is deleted text begin $30deleted text end new text begin $45new text end for three years and $4 for a duplicate or transfer.
(b) The total registration fee for off-highway motorcycles owned by a dealer and operated
for demonstration or testing purposes is $50 per year. Dealer registrations are not transferable.
(c) The total registration fee for off-highway motorcycles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes is $150 per year.
Manufacturer registrations are not transferable.
(d) The fees collected under this subdivision must be deposited in the state treasury and
credited to the off-highway motorcycle account.
Sec. 3.
new text begin
[84.9766] OUTDOOR SCHOOL FOR ALL MINNESOTA STUDENTS;
GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of natural resources must establish
and administer a program to provide grants to learning centers eligible under subdivision
2 for outdoor education programs serving students in grades 4 to 8.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility. new text end
new text begin
(a) The commissioner may award grants under this section to
accredited overnight outdoor school providers established under section 84.0875.
new text end
new text begin
(b) To be eligible for a grant under this section, the outdoor education program must:
new text end
new text begin
(1) provide a multiday, residential educational experience that is comprised mainly of
outdoor-based learning activities;
new text end
new text begin
(2) provide students with opportunities to directly experience and understand nature and
the natural world, including field study opportunities for student learning;
new text end
new text begin
(3) use a research-based environmental, ecological, agricultural, or other
natural-resource-based educational curriculum;
new text end
new text begin
(4) be integrated with local school curricula to help students meet academic standards;
new text end
new text begin
(5) provide students with opportunities to develop:
new text end
new text begin
(i) leadership;
new text end
new text begin
(ii) critical thinking;
new text end
new text begin
(iii) self-sufficiency;
new text end
new text begin
(iv) decision-making skills; and
new text end
new text begin
(v) social and emotional skills, including understanding the impact of nature and
movement on one's mental health; and
new text end
new text begin
(6) address accessibility of outdoor educational opportunities for underserved students,
including students with disabilities.
new text end
Sec. 4.
new text begin
[86B.1065] COUNTY SHERIFF COSTS FOR UNSAFE ICE SEARCH AND
RESCUE.
new text end
new text begin
(a) A county sheriff may be reimbursed for all costs that are over and above the county
sheriff's regular operating budget and that are incurred from search and rescue operations
due to recreational activities on unsafe ice. Reimbursement may include reimbursements
made by the commissioner of natural resources with available appropriations, reimbursements
under section 86B.106, or other available federal, state, and local funds. Reimbursement
under this section is limited to 50 percent of the reimbursable costs subject to a maximum
state payment of $5,000 per agency for each search and rescue operation.
new text end
new text begin
(b) Nothing in this section is to be construed to make the state or a political subdivision
liable in a contribution claim by a person liable for reimbursement under section 86B.106.
new text end
Sec. 5.
Minnesota Statutes 2022, section 93.222, is amended to read:
93.222 TACONITE IRON ORE SPECIAL ADVANCE ROYALTY ACCOUNT.
The taconite iron ore special advance royalty account is created as an account in the
state treasury for disposal of certain mineral lease money received new text begin under negotiated state
iron ore or taconite iron ore mining leases and new text end under the terms of extension agreements
adopted under section 93.193, relating to state iron ore or taconite iron ore mining leases.
The principal of the account is distributed under the terms of the new text begin negotiated leases or
new text end extension agreements to the account or entity entitled by applicable law and lease terms to
receive the income from the class of land being leased. Interest accruing from investment
of the account remains with the account until distributed as provided in this section. The
interest accrued through June 30 under each extension agreement is distributed annually,
as soon as possible after June 30, to the account or entity entitled by applicable law and
lease terms to receive the income from the class of land being leased in the same proportion
that the total acres included in a particular class of land bears to the total acreage of the
leased land covered by each extension agreement. Money in the taconite iron ore special
advance royalty account is appropriated for distribution as provided in this section.
Sec. 6.
Minnesota Statutes 2022, section 93.25, subdivision 1, is amended to read:
Subdivision 1.
Leases.
The commissioner may issue leases to prospect for, mine, and
remove new text begin or extract gas, oil, and new text end minerals other than iron ore deleted text begin upondeleted text end new text begin fromnew text end any lands owned by
the state, including trust fund lands, lands forfeited for nonpayment of taxes whether held
in trust or otherwise, and lands otherwise acquired, and the beds of any waters belonging
to the state. For purposes of this section, iron ore means iron-bearing material where the
primary product is iron metal.new text begin For purposes of this section, "gas" includes both hydrocarbon
and nonhydrocarbon gases.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2022, section 93.25, subdivision 2, is amended to read:
Subd. 2.
Lease requirements.
All leases for nonferrous metallic minerals deleted text begin or petroleumdeleted text end new text begin ,
gas, or oilnew text end must be approved by the Executive Council, and any other mineral lease issued
pursuant to this section that covers 160 or more acres must be approved by the Executive
Council. The rents, royalties, terms, conditions, and covenants of all such leases deleted text begin shalldeleted text end new text begin mustnew text end
be fixed by the commissioner according to rules adopted by the commissioner, but no lease
shall be for a longer term than 50 years, and all rents, royalties, terms, conditions, and
covenants deleted text begin shalldeleted text end new text begin mustnew text end be fully set forth in each lease issued. No new text begin nonferrous metallic mineral
new text end lease shall be canceled by the state for failure to meet production requirements prior to the
36th year of the lease. The rents and royalties deleted text begin shalldeleted text end new text begin mustnew text end be credited to the funds as provided
in section 93.22.new text begin For purposes of this section, "gas" includes both hydrocarbon and
nonhydrocarbon gases.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
new text begin
[93.513] PROHIBITION ON PRODUCTION OF GAS OR OIL WITHOUT
PERMIT.
new text end
new text begin
Except as provided in section 103I.681, a person must not engage in or carry out
production of gas or oil from consolidated or unconsolidated formations in the state unless
the person has first obtained a permit for the production of gas or oil from the commissioner
of natural resources. Any permit under this section must be protective of natural resources
and require a demonstration of control of the extraction area through ownership, lease, or
agreement. For purposes of this section, "gas" includes both hydrocarbon and nonhydrocarbon
gases. For purposes of this section, "production" includes extraction and beneficiation of
gas or oil.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
new text begin
[93.514] GAS AND OIL PRODUCTION RULEMAKING.
new text end
new text begin
(a) The following agencies may adopt rules governing gas and oil exploration or
production, as applicable:
new text end
new text begin
(1) the commissioner of the Pollution Control Agency may adopt or amend rules
regulating air emissions; water discharges, including stormwater management; and storage
tanks as it pertains to gas and oil production;
new text end
new text begin
(2) the commissioner of health may adopt or amend rules on groundwater and surface
water protection, exploratory boring construction, drilling registration and licensure, and
inspections as it pertains to the exploration and appraisal of gas and oil resources;
new text end
new text begin
(3) the Environmental Quality Board may adopt or amend rules to establish mandatory
categories for environmental review as it pertains to gas and oil production; and
new text end
new text begin
(4) the commissioner of natural resources must adopt or amend rules pertaining to the
conversion of an exploratory boring to a production well, pooling, spacing, unitization, well
abandonment, siting, financial assurance, and reclamation for the production of gas and oil.
new text end
new text begin
(b) An agency adopting rules under this section must use the expedited procedure in
section 14.389. Rules adopted or amended under this authority are exempt from the provisions
of section 14.125. The agency must publish notice of intent to adopt expedited rules within
24 months of the effective date of this section.
new text end
new text begin
(c) For purposes of this section, "gas" includes both hydrocarbon and nonhydrocarbon
gases. "Production" includes extraction and beneficiation of gas or oil from consolidated
or unconsolidated formations in the state.
new text end
new text begin
(d) Any grant of rulemaking authority in this section is in addition to existing rulemaking
authority and does not replace, impair, or interfere with any existing rulemaking authority.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
new text begin
[93.516] GAS AND OIL LEASING.
new text end
new text begin Subdivision 1. new text end
new text begin Authority to lease. new text end
new text begin
With the approval of the Executive Council, the
commissioner of natural resources may enter into leases for gas or oil exploration and
production from lands belonging to the state or in which the state has an interest. For purposes
of this section, "gas or oil exploration and production" includes the exploration and
production of both hydrocarbon and nonhydrocarbon gases. "Production" includes extraction
and beneficiation of gas or oil from consolidated or unconsolidated formations in the state.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
An application for a lease under this section must be submitted
to the commissioner of natural resources. The commissioner must prescribe the information
to be included in the application. The applicant must submit with the application a certified
check, cashier's check, or bank money order payable to the Department of Natural Resources
in the sum of $100 as a fee for filing the application. The application fee must not be refunded
under any circumstances. The right is reserved to the state to reject any or all applications
for an oil or gas lease.
new text end
new text begin Subd. 3. new text end
new text begin Lease terms. new text end
new text begin
(a) The commissioner must negotiate the terms of each lease
entered into under this section on a case-by-case basis, taking into account the unique
geological and environmental aspects of each proposal, control of adjacent lands, and the
best interests of the state. A lease entered into under this section must be consistent with
the following:
new text end
new text begin
(1) the primary term of the lease may not exceed five years plus the unexpired portion
of the calendar year in which the lease is issued. The commissioner and applicant may
negotiate the conditions by which the lease may be extended beyond the primary term, in
whole or in part;
new text end
new text begin
(2) a bonus consideration of not less than $15 per acre must be paid by the applicant to
the Department of Natural Resources before the lease is executed;
new text end
new text begin
(3) the commissioner of natural resources may require an applicant to provide financial
assurance to ensure payment of any damages resulting from the production of gas or oil;
new text end
new text begin
(4) the rental rates must not be less than $5 per acre per year for the unexpired portion
of the calendar year in which the lease is issued and in years thereafter; and
new text end
new text begin
(5) on gas and oil produced and sold by the lessee from the lease area, the lessee must
pay a production royalty to the Department of Natural Resources of not less than 18.75
percent of the gross sales price of the product sold free on board at the delivery point, and
the royalty must be credited as provided in section 93.22. For purposes of this section, "gross
sales price" means the total consideration paid by the first purchaser that is not an affiliate
of the lessee for gas or oil produced from the leased premises.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2022, section 97A.105, subdivision 8, is amended to read:
Subd. 8.
Penalty.
A licensee that does not comply with a provision of this section subjects
all wild animals on the game or fur farm to confiscation.new text begin Additionally, a person who
transports a live beaver in violation of subdivision 7 is subject to a fine of $500 and must
pay for any damages caused as a result of the unlawful transportation.
new text end
Sec. 12.
Minnesota Statutes 2022, section 97A.475, subdivision 2, is amended to read:
Subd. 2.
Resident hunting.
Fees for the following licenses, to be issued to residents
only, are:
(1) for persons age 18 or over and under age 65 to take small game, $15.50;
(2) for persons age 65 or over, $7 to take small game;
(3) for persons age 18 or over to take turkey, $26;
(4) for persons age 13 or over and under age 18 to take turkey, $5;
(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $34;
(6) for persons age 18 or over to take deer by archery, $34;
(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $34;
(8) to take moose, for a party of not more than six persons, $356;
(9) for persons age 18 or over to take bear, $44;
(10) to take elk, for a party of not more than two persons, $287;
deleted text begin
(11) to take Canada geese during a special season, $4;
deleted text end
deleted text begin (12)deleted text end new text begin (11)new text end to take light geese during the light goose conservation order, $2.50;
deleted text begin (13)deleted text end new text begin (12)new text end to take sandhill crane during the sandhill crane season, $3;
deleted text begin (14)deleted text end new text begin (13)new text end to take prairie chickens, $23;
deleted text begin (15)deleted text end new text begin (14)new text end for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season, $5;
deleted text begin (16)deleted text end new text begin (15)new text end for persons age 13 or over and under age 18 to take deer by archery, $5;
deleted text begin (17)deleted text end new text begin (16)new text end for persons age 13 or over and under age 18 to take deer by muzzleloader
during the muzzleloader season, $5;
deleted text begin (18)deleted text end new text begin (17)new text end for persons age 10, 11, or 12 to take bear, no fee;
deleted text begin (19)deleted text end new text begin (18)new text end for persons age 13 or over and under age 18 to take bear, $5;
deleted text begin (20)deleted text end new text begin (19)new text end for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $19, of which an amount equal to one-half of the fee for the
migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of
the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the
pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half
of the small-game surcharge under subdivision 4, shall be deposited in the wildlife acquisition
account;
deleted text begin (21)deleted text end new text begin (20)new text end for persons age 16 or over and under age 18 to take small game, $5;
deleted text begin (22)deleted text end new text begin (21)new text end to take wolf, $30;
deleted text begin (23)deleted text end new text begin (22)new text end for persons age 12 and under to take turkey, no fee;
deleted text begin (24)deleted text end new text begin (23)new text end for persons age 10, 11, or 12 to take deer by firearm, no fee;
deleted text begin (25)deleted text end new text begin (24)new text end for persons age 10, 11, or 12 to take deer by archery, no fee; and
deleted text begin (26)deleted text end new text begin (25)new text end for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.
Sec. 13.
Minnesota Statutes 2022, section 97A.475, subdivision 3, is amended to read:
Subd. 3.
Nonresident hunting.
(a) Fees for the following licenses, to be issued to
nonresidents, are:
(1) for persons age 18 or over to take small game, $90.50;
(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $180;
(3) for persons age 18 or over to take deer by archery, $180;
(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $180;
(5) for persons age 18 or over to take bear, $225;
(6) for persons age 18 or over to take turkey, $91;
(7) for persons age 13 or over and under age 18 to take turkey, $5;
(8) to take raccoon or bobcat, $178;
deleted text begin
(9) to take Canada geese during a special season, $4;
deleted text end
deleted text begin (10)deleted text end new text begin (9)new text end to take light geese during the light goose conservation order, $2.50;
deleted text begin (11)deleted text end new text begin (10)new text end to take sandhill crane during the sandhill crane season, $3;
deleted text begin (12)deleted text end new text begin (11)new text end for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season in any open season option or time period, $5;
deleted text begin (13)deleted text end new text begin (12)new text end for persons age 13 or over and under age 18 to take deer by archery, $5;
deleted text begin (14)deleted text end new text begin (13)new text end for persons age 13 or over and under age 18 to take deer during the muzzleloader
season, $5;
deleted text begin (15)deleted text end new text begin (14)new text end for persons age 13 or over and under 18 to take bear, $5;
deleted text begin (16)deleted text end new text begin (15)new text end for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $75, of which an amount equal to one-half of the fee for the
migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of
the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the
pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half
of the small-game surcharge under subdivision 4, shall be deposited into the wildlife
acquisition account;
deleted text begin (17)deleted text end new text begin (16)new text end for persons age 16 or 17 to take small game, $5;
deleted text begin (18)deleted text end new text begin (17)new text end to take wolf, $250;
deleted text begin (19)deleted text end new text begin (18)new text end for persons age 12 and under to take turkey, no fee;
deleted text begin (20)deleted text end new text begin (19)new text end for persons age 10, 11, or 12 to take deer by firearm, no fee;
deleted text begin (21)deleted text end new text begin (20)new text end for persons age 10, 11, or 12 to take deer by archery, no fee;
deleted text begin (22)deleted text end new text begin (21)new text end for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee; and
deleted text begin (23)deleted text end new text begin (22)new text end for persons age 10, 11, or 12 to take bear, no fee.
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph
(a), clauses (1) to (6) and (8). An additional commission may not be assessed on this
surcharge.
Sec. 14.
Minnesota Statutes 2022, section 97B.031, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Regular firearms deer season. new text end
new text begin
During the regular firearms deer season, all
legal firearms may be used statewide.
new text end
Sec. 15.
Minnesota Statutes 2022, section 97B.667, subdivision 3, is amended to read:
Subd. 3.
Permits and notice; requirements.
(a) Before killing or arranging to kill a
beaver under this section, the road authority or government unit must contact a conservation
officer for a special beaver permit if the beaver will be killed within two weeks before or
after the trapping season for beaver, and the conservation officer must issue the permit for
any beaver subject to this section. A permit is not required:
(1) for a licensed trapper during the open trapping season for beaver; or
(2) when the trapping season for beaver is closed and it is not within two weeks before
or after the trapping season for beaver.
(b) A road authority or government unit that kills or arranges to have killed a beaver
under this section must notify a conservation officer or employee of the Fish and Wildlife
Division within ten days after the animal is killed.
(c) Unless otherwise directed by a conservation officer, the road authority, local
government unit, new text begin the landowner, new text end or their agent may dispose of or retain beaver killed under
this section.
Sec. 16.
Minnesota Statutes 2023 Supplement, section 115.03, subdivision 1, is amended
to read:
Subdivision 1.
Generally.
(a) The commissioner is given and charged with the following
powers and duties:
(1) to administer and enforce all laws relating to the pollution of any of the waters of
the state;
(2) to investigate the extent, character, and effect of the pollution of the waters of this
state and to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of the state as
it may deem advisable;
(3) to establish and alter such reasonable pollution standards for any waters of the state
in relation to the public use to which they are or may be put as it shall deem necessary for
the purposes of this chapter and, with respect to the pollution of waters of the state, chapter
116;
(4) to encourage waste treatment, including advanced waste treatment, instead of stream
low-flow augmentation for dilution purposes to control and prevent pollution;
(5) to adopt, issue, reissue, modify, deny, deleted text begin ordeleted text end revoke,new text begin reopen,new text end enter intonew text begin ,new text end or enforce
reasonable orders, permits, variances, standards, rules, schedules of compliance, and
stipulation agreements, under such conditions as it may prescribe, in order to prevent, control
or abate water pollution, or for the installation or operation of disposal systems or parts
thereof, or for other equipment and facilities:
(i) requiring the discontinuance of the discharge of sewage, industrial waste or other
wastes into any waters of the state resulting in pollution in excess of the applicable pollution
standard established under this chapter;
(ii) prohibiting or directing the abatement of any discharge of sewage, industrial waste,
or other wastes, into any waters of the state or the deposit thereof or the discharge into any
municipal disposal system where the same is likely to get into any waters of the state in
violation of this chapter and, with respect to the pollution of waters of the state, chapter
116, or standards or rules promulgated or permits issued pursuant thereto, and specifying
the schedule of compliance within which such prohibition or abatement must be
accomplished;
(iii) prohibiting the storage of any liquid or solid substance or other pollutant in a manner
which does not reasonably assure proper retention against entry into any waters of the state
that would be likely to pollute any waters of the state;
(iv) requiring the construction, installation, maintenance, and operation by any person
of any disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or any part thereof,
or the adoption of other remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any person;
(v) establishing, and from time to time revising, standards of performance for new sources
taking into consideration, among other things, classes, types, sizes, and categories of sources,
processes, pollution control technology, cost of achieving such effluent reduction, and any
nonwater quality environmental impact and energy requirements. Said standards of
performance for new sources shall encompass those standards for the control of the discharge
of pollutants which reflect the greatest degree of effluent reduction which the agency
determines to be achievable through application of the best available demonstrated control
technology, processes, operating methods, or other alternatives, including, where practicable,
a standard permitting no discharge of pollutants. New sources shall encompass buildings,
structures, facilities, or installations from which there is or may be the discharge of pollutants,
the construction of which is commenced after the publication by the agency of proposed
rules prescribing a standard of performance which will be applicable to such source.
Notwithstanding any other provision of the law of this state, any point source the construction
of which is commenced after May 20, 1973, and which is so constructed as to meet all
applicable standards of performance for new sources shall, consistent with and subject to
the provisions of section 306(d) of the Amendments of 1972 to the Federal Water Pollution
Control Act, not be subject to any more stringent standard of performance for new sources
during a ten-year period beginning on the date of completion of such construction or during
the period of depreciation or amortization of such facility for the purposes of section 167
or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period ends first.
Construction shall encompass any placement, assembly, or installation of facilities or
equipment, including contractual obligations to purchase such facilities or equipment, at
the premises where such equipment will be used, including preparation work at such
premises;
(vi) establishing and revising pretreatment standards to prevent or abate the discharge
of any pollutant into any publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal system;
(vii) requiring the owner or operator of any disposal system or any point source to
establish and maintain such records, make such reports, install, use, and maintain such
monitoring equipment or methods, including where appropriate biological monitoring
methods, sample such effluents in accordance with such methods, at such locations, at such
intervals, and in such a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;
(viii) notwithstanding any other provision of this chapter, and with respect to the pollution
of waters of the state, chapter 116, requiring the achievement of more stringent limitations
than otherwise imposed by effluent limitations in order to meet any applicable water quality
standard by establishing new effluent limitations, based upon section 115.01, subdivision
13, clause (b), including alternative effluent control strategies for any point source or group
of point sources to insure the integrity of water quality classifications, whenever the agency
determines that discharges of pollutants from such point source or sources, with the
application of effluent limitations required to comply with any standard of best available
technology, would interfere with the attainment or maintenance of the water quality
classification in a specific portion of the waters of the state. Prior to establishment of any
such effluent limitation, the agency shall hold a public hearing to determine the relationship
of the economic and social costs of achieving such limitation or limitations, including any
economic or social dislocation in the affected community or communities, to the social and
economic benefits to be obtained and to determine whether or not such effluent limitation
can be implemented with available technology or other alternative control strategies. If a
person affected by such limitation demonstrates at such hearing that, whether or not such
technology or other alternative control strategies are available, there is no reasonable
relationship between the economic and social costs and the benefits to be obtained, such
limitation shall not become effective and shall be adjusted as it applies to such person;
(ix) modifying, in its discretion, any requirement or limitation based upon best available
technology with respect to any point source for which a permit application is filed after July
1, 1977, upon a showing by the owner or operator of such point source satisfactory to the
agency that such modified requirements will represent the maximum use of technology
within the economic capability of the owner or operator and will result in reasonable further
progress toward the elimination of the discharge of pollutants; deleted text begin and
deleted text end
(x) requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;new text begin and
new text end
new text begin
(xi) requiring parties who enter into a negotiated agreement to settle an enforcement
matter with the agency to reimburse the agency according to this clause for oversight costs
that are incurred by the agency and associated with implementing the negotiated agreement.
The agency may recover oversight costs exceeding $25,000. Oversight costs may include
but are not limited to any costs associated with inspections, sampling, monitoring, modeling,
risk assessment, permit writing, engineering review, economic analysis and review, and
other record or document review. The agency's legal and litigation costs are not covered by
this clause. The commissioner has discretion as to whether to apply this clause in cases
when the agency is using schedules of compliance to bring a class of regulated parties into
compliance. Reimbursement amounts are appropriated to the commissioner;
new text end
(6) to require to be submitted and to approve plans and specifications for disposal systems
or point sources, or any part thereof and to inspect the construction thereof for compliance
with the approved plans and specifications thereof;
(7) to prescribe and alter rules, not inconsistent with law, for the conduct of the agency
and other matters within the scope of the powers granted to and imposed upon it by this
chapter and, with respect to pollution of waters of the state, in chapter 116, provided that
every rule affecting any other department or agency of the state or any person other than a
member or employee of the agency shall be filed with the secretary of state;
(8) to conduct such investigations, issue such notices, public and otherwise, and hold
such hearings as are necessary or which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters of the state, under chapter
116, including, but not limited to, the issuance of permits, and to authorize any member,
employee, or agent appointed by it to conduct such investigations or, issue such notices and
hold such hearings;
(9) for the purpose of water pollution control planning by the state and pursuant to the
Federal Water Pollution Control Act, as amended, to establish and revise planning areas,
adopt plans and programs and continuing planning processes, including, but not limited to,
basin plans and areawide waste treatment management plans, and to provide for the
implementation of any such plans by means of, including, but not limited to, standards, plan
elements, procedures for revision, intergovernmental cooperation, residual treatment process
waste controls, and needs inventory and ranking for construction of disposal systems;
(10) to train water pollution control personnel and charge training fees as are necessary
to cover the agency's costs. All such fees received must be paid into the state treasury and
credited to the Pollution Control Agency training account;
(11) to provide chloride reduction training and charge training fees as necessary to cover
the agency's costs not to exceed $350. All training fees received must be paid into the state
treasury and credited to the Pollution Control Agency training account;
(12) to impose as additional conditions in permits to publicly owned disposal systems
appropriate measures to insure compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic pollutants, and any system of
user charges ratably as is hereby required under state law or said Federal Water Pollution
Control Act, as amended, or any regulations or guidelines promulgated thereunder;
(13) to set a period not to exceed five years for the duration of any national pollutant
discharge elimination system permit or not to exceed ten years for any permit issued as a
state disposal system permit only;
(14) to require each governmental subdivision identified as a permittee for a wastewater
treatment works to evaluate in every odd-numbered year the condition of its existing system
and identify future capital improvements that will be needed to attain or maintain compliance
with a national pollutant discharge elimination system or state disposal system permit; and
(15) to train subsurface sewage treatment system personnel, including persons who
design, construct, install, inspect, service, and operate subsurface sewage treatment systems,
and charge fees as necessary to pay the agency's costs. All fees received must be paid into
the state treasury and credited to the agency's training account. Money in the account is
appropriated to the agency to pay expenses related to training.
(b) The information required in paragraph (a), clause (14), must be submitted in every
odd-numbered year to the commissioner on a form provided by the commissioner. The
commissioner shall provide technical assistance if requested by the governmental subdivision.
(c) The powers and duties given the agency in this subdivision also apply to permits
issued under chapter 114C.
Sec. 17.
Minnesota Statutes 2022, section 115.071, subdivision 1, is amended to read:
Subdivision 1.
Remedies available.
The provisions of sections 103F.701 to 103F.755,
this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 and
325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance,
and permits adopted or issued by the agency thereunder or under any other law now in force
or hereafter enacted for the prevention, control, or abatement of pollution may be enforced
by any one or any combination of the following: criminal prosecution; action to recover
civil penalties; injunction; action to compel new text begin or cease new text end performance; or other appropriate
action, in accordance with the provisions of said chapters and this section.
Sec. 18.
Minnesota Statutes 2022, section 115.071, subdivision 4, is amended to read:
Subd. 4.
Injunctions.
Any violation of the provisions, rules, standards, orders, stipulation
agreements, variances, schedules of compliance, or permits specified in this chapter and
chapters 114C and 116 deleted text begin shall constitutedeleted text end new text begin constitutesnew text end a public nuisance and may be enjoined
as provided by law in an action, in the name of the state, brought by the attorney general.new text begin
Injunctive relief under this subdivision may include but is not limited to a requirement that
a facility or person immediately cease operation or activities until such time as the
commissioner has reasonable assurance that renewed operation or activities will not violate
state pollution requirements, cause harm to human health, or result in a serious violation of
an applicable permit.
new text end
Sec. 19.
Minnesota Statutes 2022, section 115.071, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Stipulation agreements. new text end
new text begin
If a party to a stipulation agreement asserts a good
cause or force majeure claim for an extension of time to comply with a stipulated term, the
commissioner may deny the extension if the assertion is based solely on increased costs.
new text end
Sec. 20.
Minnesota Statutes 2022, section 115.071, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Compliance when required permit not obtained. new text end
new text begin
The commissioner may
require a person or facility that fails to obtain a required permit to comply with any terms
of a permit that would have been issued had the person or facility obtained a permit, including
but not limited to reporting, monitoring, controlling pollutant discharge, and creating and
implementing operations and maintenance plans. The person or facility is subject to liability
and penalties, including criminal liability, for failing to operate in compliance with a permit
not obtained beginning at the time a permit should have been obtained.
new text end
Sec. 21.
new text begin
[115A.1416] BOAT WRAP; PRODUCT STEWARDSHIP PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end
new text begin
(b) "Boat" has the meaning given to watercraft under section 86B.005, subdivision 18.
new text end
new text begin
(c) "Boat wrap" means low-density polyethylene plastic that is used to wrap a boat to
protect it against moisture, scratches, and other potentially harmful elements during storage.
new text end
new text begin
(d) "Producer" means a manufacturer of boat wrap.
new text end
new text begin Subd. 2. new text end
new text begin Product stewardship program. new text end
new text begin
For boat wrap sold in or into this state, a
producer must, individually or through a stewardship organization, implement and finance
a statewide product stewardship program that reduces the volume of boat wrap disposed of
in landfills, promotes boat wrap recycling, and provides for negotiation and execution of
agreements to collect, transport, and process boat wrap for end-of-life recycling and reuse.
new text end
new text begin Subd. 3. new text end
new text begin Participation required to sell. new text end
new text begin
(a) On and after July 1, 2025, or three months
after program plan approval, whichever is sooner, no producer, wholesaler, or retailer may
sell or offer for sale in or into this state boat wrap unless the boat wrap's producer participates
in an approved stewardship plan, either individually or through a stewardship organization.
new text end
new text begin
(b) Each producer must operate a product stewardship program approved by the
commissioner or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Stewardship plan required. new text end
new text begin
(a) On or before March 1, 2025, and before
offering boat wrap for sale in or into this state, a producer must:
new text end
new text begin
(1) submit a stewardship plan that complies with subdivision 5 to the commissioner for
approval and receive approval of the plan from the commissioner; or
new text end
new text begin
(2) submit documentation to the commissioner that demonstrates that the producer has
entered into an agreement with a stewardship organization to be an active participant in an
approved product stewardship program as described in subdivision 2.
new text end
new text begin
(b) It is the responsibility of the entities responsible for each stewardship plan to notify
the commissioner of any proposed changes or modifications to the plan or its implementation.
A written plan revision must be submitted to the commissioner for review and may not be
implemented without written approval from the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Plan content. new text end
new text begin
A stewardship plan must contain:
new text end
new text begin
(1) certification that the product stewardship program will accept all discarded boat wrap
regardless of which producer produced the boat wrap and its individual components;
new text end
new text begin
(2) contact information for the individual and the entity submitting the plan, a list of all
producers participating in the product stewardship program, and the brands covered by the
product stewardship program;
new text end
new text begin
(3) a description of the methods by which the boat wrap will be collected in all areas in
the state without relying on end-of-life fees, including:
new text end
new text begin
(i) an explanation of how the collection system will be convenient and adequate to serve
the needs of boat owners, marinas, and boat storage businesses in both urban and rural areas
on an ongoing basis; and
new text end
new text begin
(ii) a discussion of how existing sites for collecting materials for recycling will be
considered when selecting collection sites;
new text end
new text begin
(4) a description of how the adequacy of the collection program will be measured,
monitored, and maintained;
new text end
new text begin
(5) the names and locations of collectors, transporters, and recyclers that will manage
discarded boat wrap;
new text end
new text begin
(6) a description of how the discarded boat wrap and the boat wrap's components will
be safely and securely transported, tracked, and handled from collection through final
recycling and processing;
new text end
new text begin
(7) a description of the method that will be used to reuse, deconstruct, or recycle the
discarded boat wrap to ensure that the boat wrap's components, to the extent feasible, are
transformed or remanufactured into finished products for use or into new materials capable
of being processed into finished products;
new text end
new text begin
(8) a description of the promotion and outreach activities that will be undertaken to
encourage participation in the collection and recycling programs and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
new text end
new text begin
(9) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
new text end
new text begin
(10) five-year performance goals, including an estimate of the percentage of discarded
boat wrap that will be collected, reused, and recycled during each of the first five years of
the stewardship plan. The stewardship plan must state the methodology used to determine
these goals. The performance goals must include a specific goal for the amount of discarded
boat wrap that will be collected and recycled during each year of the plan. The performance
goals must be based on:
new text end
new text begin
(i) the most recent collection data available for the state;
new text end
new text begin
(ii) the estimated amount of boat wrap disposed of annually;
new text end
new text begin
(iii) the weight of the boat wrap that is expected to be available for collection annually;
and
new text end
new text begin
(iv) actual collection data from other existing boat wrap recycling or stewardship
programs; and
new text end
new text begin
(11) a discussion of the status of end markets for collected boat wrap and what, if any,
additional end markets are needed to improve the program.
new text end
new text begin Subd. 6. new text end
new text begin Consultation required. new text end
new text begin
Each stewardship organization or individual producer
submitting a stewardship plan must consult with stakeholders, including boat owners, owners
of marinas and boat storage businesses, contractors, collectors, recyclers, and local
government, during the development of a stewardship plan.
new text end
new text begin Subd. 7. new text end
new text begin Agency review and approval. new text end
new text begin
Within 90 days after receiving a proposed
stewardship plan, the commissioner must determine whether the plan complies with
subdivision 5. If the commissioner approves a plan, the commissioner must notify the
applicant of the plan approval in writing. If the commissioner rejects a plan, the commissioner
must notify the applicant in writing of the reasons for rejecting the plan. An applicant whose
plan is rejected by the commissioner must submit a revised plan to the commissioner within
60 days after receiving notice of rejection.
new text end
new text begin Subd. 8. new text end
new text begin Plan availability. new text end
new text begin
The commissioner must make a draft stewardship plan
available on the agency website and at the agency headquarters for public review and
comment at least 30 days before the commissioner's decision regarding plan approval. The
commissioner must make an approved stewardship plan available on the agency website
and at the agency headquarters.
new text end
new text begin Subd. 9. new text end
new text begin Conduct authorized. new text end
new text begin
A producer or stewardship organization that organizes
collection, transport, and processing of boat wrap under this section is immune from liability
for the conduct under state laws relating to antitrust, restraint of trade, unfair trade practices,
and other regulation of trade or commerce only to the extent that the conduct is necessary
to plan and implement the producer's or organization's chosen organized collection or
recycling system.
new text end
new text begin Subd. 10. new text end
new text begin Producer responsibilities. new text end
new text begin
Producers of boat wrap or the stewardship
organization must provide consumers with educational materials regarding the product
stewardship program. The materials must include but are not limited to information regarding
available end-of-life management options for boat wrap offered through the product
stewardship program.
new text end
new text begin Subd. 11. new text end
new text begin Recycler responsibilities. new text end
new text begin
(a) No recycler or downstream recycler who receives
boat wrap collected under a stewardship plan approved under this section may use the boat
wrap as a feedstock to produce transportation fuels.
new text end
new text begin
(b) For the purposes of this subdivision, "downstream recycler" means a recycler other
than the recycler to whom a collector initially sends boat wrap under a stewardship plan
approved under this subdivision.
new text end
new text begin Subd. 12. new text end
new text begin Retailer responsibilities. new text end
new text begin
(a) On and after July 1, 2025, or three months after
stewardship plan approval, whichever is sooner, no boat wrap may be sold in or into the
state unless the boat wrap's producer is participating in a stewardship plan approved by the
commissioner under this section.
new text end
new text begin
(b) A retailer is responsible for reviewing the list of compliant producers on the agency
website under subdivision 13 to determine whether a producer is compliant with this section.
new text end
new text begin
(c) A retailer may elect to participate as a designated collection point as part of a product
stewardship program approved under this section and in accordance with applicable law.
new text end
new text begin
(d) A retailer or distributor is not in violation of this subdivision if, on the date the boat
wrap was ordered from a producer or a distributor, the producer was listed as compliant on
the agency website.
new text end
new text begin Subd. 13. new text end
new text begin Agency responsibilities. new text end
new text begin
The commissioner must maintain on the agency
website a list of all compliant producers and brands participating in stewardship plans that
the commissioner has approved and a list of all producers and brands the commissioner has
identified as noncompliant with this section.
new text end
new text begin Subd. 14. new text end
new text begin Stewardship reports. new text end
new text begin
Beginning October 1, 2026, producers of boat wrap
sold in or into the state must individually or through a stewardship organization submit an
annual report to the commissioner describing the product stewardship program. At a
minimum, the report must contain:
new text end
new text begin
(1) a description of the methods used to collect, transport, and process boat wrap in all
regions of the state;
new text end
new text begin
(2) the weight of all boat wrap collected in all regions of the state and a comparison to
the performance goals and recycling rates established in the stewardship plan;
new text end
new text begin
(3) the amount of unwanted boat wrap collected in the state by method of disposition,
including reuse, recycling, and other methods of processing;
new text end
new text begin
(4) samples of educational materials provided to consumers and an evaluation of the
effectiveness of the materials and the methods used to disseminate the materials; and
new text end
new text begin
(5) an independent financial audit of stewardship organization activities.
new text end
new text begin Subd. 15. new text end
new text begin Data classification. new text end
new text begin
Trade secret information, as defined under section 13.37,
submitted to the commissioner under this section are private or nonpublic data under section
13.37.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Minnesota Statutes 2022, section 116.07, subdivision 9, is amended to read:
Subd. 9.
Orders; investigations.
The deleted text begin agency shall havedeleted text end new text begin commissioner hasnew text end the following
powers and duties for deleted text begin the enforcement ofdeleted text end new text begin enforcingnew text end any provision of this chapter and chapter
114C, relating to air contamination or waste:
(1) to adopt, issue, reissue, modify, deny, revoke, new text begin reopen, new text end enter into or enforce reasonable
orders, schedules of compliance and stipulation agreements;
(2) to require the owner or operator of any emission facility, air contaminant treatment
facility, potential air contaminant storage facility, or any system or facility related to the
storage, collection, transportation, processing, or disposal of waste to establish and maintain
records; to make reports; to install, use, and maintain monitoring equipment or methods;
and to make tests, including testing for odor where a nuisance may exist, in accordance with
methods, at locations, at intervals, and in a manner as the agency shall prescribe; and to
provide other information as the agency may reasonably require;
(3) to conduct investigations, issue notices, public and otherwise, and order hearings as
it may deem necessary or advisable for the discharge of its duties under this chapter and
chapter 114C, including but not limited to the issuance of permits; and to authorize any
member, employee, or agent appointed by it to conduct the investigations and issue the
noticesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) to require parties who enter into a negotiated agreement to settle an enforcement
matter with the agency to reimburse the agency according to this clause for oversight costs
that are incurred by the agency and associated with implementing the negotiated agreement.
The agency may recover oversight costs exceeding $25,000. Oversight costs may include
but are not limited to any costs associated with inspections, sampling, monitoring, modeling,
risk assessment, permit writing, engineering review, economic analysis and review, and
other record or document review. The agency's legal and litigation costs are not covered by
this clause. The commissioner has discretion as to whether to apply this clause in cases
where the agency is using schedules of compliance to bring a class of regulated parties into
compliance. Reimbursement amounts are appropriated to the commissioner.
new text end
Sec. 23.
Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:
new text begin Subd. 9a. new text end
new text begin Stipulation agreements. new text end
new text begin
If a party to a stipulation agreement asserts a good
cause or force majeure claim for an extension of time to comply with a stipulated term, the
commissioner may deny the extension if the assertion is based solely on increased costs.
new text end
Sec. 24.
Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:
new text begin Subd. 9b. new text end
new text begin Compliance when required permit not obtained. new text end
new text begin
The commissioner may
require a person or facility that fails to obtain a required permit to comply with any terms
of a permit that would have been issued had the person or facility obtained a permit, including
but not limited to reporting, monitoring, controlling pollutant discharge, and creating and
implementing operations and maintenance plans. The person or facility is subject to liability
and penalties, including criminal liability, for failing to operate in compliance with a permit
not obtained beginning at the time a permit should have been obtained.
new text end
Sec. 25.
Minnesota Statutes 2022, section 116.11, is amended to read:
116.11 EMERGENCY POWERS.
new text begin Subdivision 1. new text end
new text begin Imminent and substantial danger. new text end
If there is imminent and substantial
danger to the health and welfare of the people of the state, or of any of them, as a result of
the pollution of air, land, or water, the deleted text begin agencydeleted text end new text begin commissionernew text end may by emergency order direct
the immediate discontinuance or abatement of the pollution without notice and without a
hearing or at the request of the deleted text begin agencydeleted text end new text begin commissionernew text end , the attorney general may bring an
action in the name of the state in the appropriate district court for a temporary restraining
order to immediately abate or prevent the pollution. The deleted text begin agencydeleted text end new text begin commissioner'snew text end order or
temporary restraining order deleted text begin shall remaindeleted text end new text begin isnew text end effective until notice, hearing, and determination
pursuant to other provisions of law, or, in the interim, as otherwise ordered. A final order
of the deleted text begin agencydeleted text end new text begin commissionernew text end in these cases deleted text begin shall bedeleted text end new text begin isnew text end appealable in accordance with chapter
14.
new text begin Subd. 2. new text end
new text begin Other acts of concern. new text end
new text begin
(a) The commissioner may exercise the authority under
paragraph (b) when the commissioner has evidence of any of the following:
new text end
new text begin
(1) falsification of records;
new text end
new text begin
(2) a history of noncompliance with schedules of compliance or terms of a stipulation
agreement;
new text end
new text begin
(3) chronic or substantial permit violations; or
new text end
new text begin
(4) operating with or without a permit where there is evidence of danger to the health
or welfare of the people of the state or evidence of environmental harm.
new text end
new text begin
(b) When the commissioner has evidence of behavior specified in paragraph (a),
regardless of the presence of imminent and substantial danger, the commissioner may
investigate and may:
new text end
new text begin
(1) suspend or revoke a permit;
new text end
new text begin
(2) issue an order to cease operation or activities;
new text end
new text begin
(3) require financial assurances;
new text end
new text begin
(4) reopen and modify a permit to require additional terms;
new text end
new text begin
(5) require additional agency oversight; or
new text end
new text begin
(6) pursue other actions deemed necessary to abate pollution and protect human health.
new text end
Sec. 26.
new text begin
[116.2021] STATE SALT PURCHASE REPORT AND REDUCTION GOAL.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "deicing salt" refers to salt
in its solid form used to melt snow and ice, excluding salt used on roads managed by the
Department of Transportation.
new text end
new text begin Subd. 2. new text end
new text begin Salt purchase report. new text end
new text begin
By February 1, 2025, and every year thereafter, the
commissioner of the Pollution Control Agency, in cooperation with other state agencies,
must submit a report to the legislative committees and divisions with jurisdiction over
environment and natural resources policy and finance that details the purchase of deicing
salt by state agencies, excluding the Department of Transportation, and strategies to meet
the salt reduction goal established in subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Reduction goal. new text end
new text begin
It is the goal of the state that no later than January 1, 2030,
state agencies will reduce the purchase of deicing salt by 25 percent from the level first
reported under subdivision 2.
new text end
Sec. 27.
Minnesota Statutes 2022, section 116.92, is amended by adding a subdivision to
read:
new text begin Subd. 7b. new text end
new text begin Ban; mercury-containing general purpose lighting. new text end
new text begin
(a) For purposes of this
subdivision, the following terms have the meanings given:
new text end
new text begin
(1) "compact fluorescent lamp" means a compact low-pressure, mercury-containing,
electric-discharge light source:
new text end
new text begin
(i) of any tube diameter or tube length;
new text end
new text begin
(ii) of any lamp size or shape for directional and nondirectional installations, including
but not limited to PL, spiral, twin tube, triple twin, 2D, U-bend, and circular;
new text end
new text begin
(iii) in which a fluorescent coating transforms some of the ultraviolet energy generated
by the mercury discharge into visible light;
new text end
new text begin
(iv) that has one base or end cap of any type, including but not limited to screw, bayonet,
two pins, and four pins;
new text end
new text begin
(v) that is integrally ballasted or non-integrally ballasted; and
new text end
new text begin
(vi) that has light emission between a correlated color temperature of 1700K and 24000K
and a Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE)
Uniform Color Space (CAM02-UCS);
new text end
new text begin
(2) "linear fluorescent lamp" means a low-pressure, mercury-containing, electric-discharge
light source:
new text end
new text begin
(i) of any tube diameter, including but not limited to T5, T8, T10, and T12;
new text end
new text begin
(ii) with a tube length from 0.5 to 8.0 feet, inclusive;
new text end
new text begin
(iii) of any lamp shape, including but not limited to linear, U-bend, and circular;
new text end
new text begin
(iv) in which a fluorescent coating transforms some of the ultraviolet energy generated
by the mercury discharge into visible light;
new text end
new text begin
(v) that has two bases or end caps of any type, including but not limited to single-pin,
two-pin, and recessed double contact; and
new text end
new text begin
(vi) that has light emission between a correlated color temperature of 1700K and 24000K
and a Duv of +0.024 and -0.024 in the CIE CAM02-UCS;
new text end
new text begin
(3) "mercury vapor lamp" means a high-intensity discharge lamp, including clear,
phosphor-coated, and self-ballasted screw base lamps, in which the major portion of the
light is produced by radiation from mercury typically operating at a partial vapor pressure
in excess of 100,000 pascals;
new text end
new text begin
(4) "mercury vapor lamp ballast" means a device that is designed and marketed to start
and operate mercury vapor lamps intended for general illumination by providing the necessary
voltage and current; and
new text end
new text begin
(5) "specialty application mercury vapor lamp ballast" means a mercury vapor lamp
ballast:
new text end
new text begin
(i) that is designed and marketed for operating mercury vapor lamps used in quality
inspection, industrial processing, or scientific applications, including fluorescent microscopy
and ultraviolet curing; and
new text end
new text begin
(ii) the label of which states "For specialty applications only, not for general illumination"
and indicates the specific applications for which the ballast is designed.
new text end
new text begin
(b) Effective January 1, 2025, a person may not sell, offer for sale, or distribute in the
state as a new manufactured product a screw- or bayonet-base type compact fluorescent
lamp, a mercury vapor lamp, or a mercury vapor lamp ballast, whether sold separately, in
a retrofit kit, or in a luminaire. Effective January 1, 2026, a person may not sell, offer for
sale, or distribute in the state as a new manufactured product a pin-base type compact
fluorescent lamp or a linear fluorescent lamp.
new text end
new text begin
(c) This subdivision does not apply to:
new text end
new text begin
(1) a lamp designed and marketed exclusively for image capture and projection, including
for:
new text end
new text begin
(i) photocopying;
new text end
new text begin
(ii) printing, directly or in preprocessing;
new text end
new text begin
(iii) lithography;
new text end
new text begin
(iv) film and video projection; or
new text end
new text begin
(v) holography;
new text end
new text begin
(2) a lamp that has a high proportion of ultraviolet light emission and that:
new text end
new text begin
(i) has high ultraviolet content and ultraviolet power greater than two milliwatts per
kilolumen;
new text end
new text begin
(ii) is for germicidal use, such as for destroying DNA, and emits a peak radiation of
approximately 253.7 nanometers;
new text end
new text begin
(iii) is designed and marketed exclusively for disinfection or fly-trapping and from
which:
new text end
new text begin
(A) the radiation power emitted between 250 and 315 nanometers represents at least
five percent of the total radiation power emitted between 250 and 800 nanometers; or
new text end
new text begin
(B) the radiation power emitted between 315 and 400 nanometers represents at least 20
percent of the total radiation power emitted between 250 and 800 nanometers;
new text end
new text begin
(iv) is designed and marketed exclusively for generating ozone when the primary purpose
is to emit radiation at approximately 185.1 nanometers;
new text end
new text begin
(v) is designed and marketed exclusively for coral zooxanthellae symbiosis and from
which the radiation power emitted between 400 and 480 nanometers represents at least 40
percent of the total radiation power emitted between 250 and 800 nanometers; or
new text end
new text begin
(vi) is designed and marketed exclusively for use in a sunlamp product, as defined in
Code of Federal Regulations, title 21, section 1040.20(b)(9) (2022);
new text end
new text begin
(3) specialty application mercury vapor lamp ballasts; or
new text end
new text begin
(4) a compact fluorescent lamp used to replace a lamp in a motor vehicle if the motor
vehicle was manufactured on or before January 1, 2020.
new text end
new text begin
(d) Nothing in this section limits the ability of a utility to offer energy-efficient lighting,
rebates, or lamp-recycling services or to claim energy savings resulting from such programs
through the utility's energy conservation and optimization plans approved by the
commissioner of commerce under section 216B.241 or an energy conservation and
optimization plan filed by a consumer-owned utility under section 216B.2403.
new text end
Sec. 28.
new text begin
[282.0197] SALE OF LAND LOCATED WITHIN BOUNDARY OF INDIAN
RESERVATIONS.
new text end
new text begin
Except as provided in section 282.012, if a parcel of land subject to sale under sections
282.01 to 282.13 includes land within the boundary of an Indian reservation, the county
auditor must first offer the land to the affected band of Indians for sale at the appraised
value. The cost of any survey or appraisal must be added to and made a part of the appraised
value. To determine whether the band wants to buy the land, the county auditor must give
written notice to the band. If the band wants to buy the land, the band must submit a written
offer to the county auditor within two weeks after receiving the notice. If the offer is for at
least the appraised value, the county auditor must accept the offer.
new text end
Sec. 29.
Minnesota Statutes 2023 Supplement, section 325E.3892, subdivision 2, is
amended to read:
Subd. 2.
Prohibition.
(a) A person must not import, manufacture, sell, hold for sale, or
distribute or offer for use in this state any covered product containing:
(1) lead at more than 0.009 percent by total weight (90 parts per million); or
(2) cadmium at more than 0.0075 percent by total weight (75 parts per million).
(b) This section does not apply to covered products containing lead or cadmium, or both,
when regulation is preempted by federal law.
new text begin
(c) Notwithstanding paragraph (a), a person may import, manufacture, sell, hold for sale,
or distribute a key fob, pen, or mechanical pencil that contains lead if the commissioner of
the Pollution Control Agency determines that the use of lead in key fobs, pens, and
mechanical pencils is a currently unavoidable use. For purposes of this paragraph, a "key
fob" is a physical device that is capable of electronically transmitting a key code to a vehicle
starting system without physical connection, other than its presence in the vehicle, between
the device and the vehicle. For the purposes of this paragraph, "pen" and "mechanical pencil"
are instruments used for the general purpose of handwriting.
new text end
Sec. 30.
Laws 2023, chapter 60, article 3, section 35, is amended to read:
Sec. 35. RESOURCE MANAGEMENT; REPORT.
(a) By deleted text begin July 15, 2025deleted text end new text begin January 15, 2026new text end , the commissioner of the Pollution Control Agency
must conduct a study and prepare a report that includes a pathway to implement resource
management policies, programs, and infrastructure. The commissioner must submit the
report to the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over environmental policy and finance and energy policy. The
report must include:
(1) an overview of how municipal solid waste is currently managed, including how much
material is generated in the state and is reused, recycled, composted, digested, or disposed
of;
(2) a summary of infrastructure, programs, policies, and resources needed to reduce the
amount of materials disposed of in landfills or incinerators statewide by more than 90 percent
over a 2021 baseline by 2045 or sooner. The summary must include analysis and
recommendations of scenarios above Waste-to-Energy on the state's Waste Hierarchy that
maximizes the environmental benefits when meeting the 90 percent reduction target;
(3) an analysis of:
(i) waste prevention program impacts and opportunities;
(ii) how much additional capacity is needed after prevention for reuse, recycling,
composting, and anaerobic digestion systems to achieve that goal; and
(iii) what steps can be taken to implement that additional capacity, including working
collaboratively with local governments, industry, and community-based organizations to
invest in such facilities and to work together to seek additional state and federal funding
assistance;
(4) strategic programmatic, regulatory, and policy initiatives that will be required to
produce source reduction, rethink and redesign products and packaging to more efficiently
use resources, and maximize diversion from disposal of materials in a way that prevents
pollution and does not discharge to land, water, or air or threaten the environment or human
health;
(5) recommendations for reducing the environmental and human health impacts of waste
management, especially across environmental justice areas as defined under Minnesota
Statutes, section 115A.03, and ensuring that the benefits of these resource management
investments, including the creation of well-paying green jobs, flow to disadvantaged
communities that are marginalized, underserved, and overburdened by pollution and that
land, water, air, and climate impacts are considered; and
(6) a review of feasibility, assumptions, costs, and milestones necessary to meet study
goals.
(b) The commissioner must obtain input from counties and cities inside and outside the
seven-county metropolitan area; reuse, recycling, and composting facilities; anaerobic
digestion facilities; waste haulers; environmental organizations; community-based
organizations; Tribal representatives; and diverse communities located in environmental
justice areas that contain a waste facility. The commissioner must provide for an open public
comment period of at least 60 days on the draft report. Written public comments and
commissioner responses to all those comments must be included in the final report.
Sec. 31.
Laws 2023, chapter 60, article 8, section 6, subdivision 9, is amended to read:
Subd. 9.
Report to legislature.
No later than deleted text begin Marchdeleted text end new text begin Februarynew text end 15, deleted text begin 2025deleted text end new text begin 2026new text end , the
commissioner must submit a report to the chairs and ranking minority members of the
legislative committees with primary jurisdiction over environment policy and finance on
the results of the grant program, including:
(1) any changes in the agency's air-monitoring network that will occur as a result of data
developed under the program;
(2) any actions the agency has taken or proposes to take to reduce levels of pollution
that impact the areas that received grants under the program; and
(3) any recommendations for legislation, including whether the program should be
extended or expanded.
Sec. 32. new text begin KEEP IT CLEAN GRANTS.
new text end
new text begin
The commissioner of natural resources must develop a grant program to provide money
to local units of government and nongovernmental organizations to implement local programs
to prevent water pollution due to garbage and human waste left on the ice of state waters
during winter-use activities. Activities eligible for grants under this section include but are
not limited to:
new text end
new text begin
(1) installing and maintaining public, sanitary, winterized dumping stations at accessible,
designated locations near lake access points and major travel corridors;
new text end
new text begin
(2) providing dedicated seasonal services, facilities, and containers to transport and
dispose of human and pet biowaste at preapproved locations;
new text end
new text begin
(3) increasing enforcement of related state and local ordinances by providing the resources
needed to increase state and local law enforcement patrols during the winter months and
establishing volunteer county programs for winter lake patrol;
new text end
new text begin
(4) education and outreach efforts promoting local and regional Keep It Clean activities;
new text end
new text begin
(5) organizing spring cleanup efforts, excluding cleanup efforts after significant events,
including but not limited to festivals, ice fishing contests, and ice races; and
new text end
new text begin
(6) local advertising and marketing efforts to educate and promote Keep It Clean
messaging and provide information about laws and regulations regarding Keep It Clean.
new text end
Sec. 33. new text begin STRATEGIC LAND ASSET MANAGEMENT REPORT.
new text end
new text begin
By February 1, 2025, the commissioner of natural resources must submit a report to the
chairs and ranking minority members of the house of representatives and senate committees
and divisions with jurisdiction over environment on how the Department of Natural
Resource's Strategic Land Asset Management (SLAM) program approaches potential
transfers of land to Tribal Nations. The report must explain how the department works
collaboratively with Tribal Nations and others to consider potential transfers of land and
shared land management opportunities. It must also include a list of those opportunities
identified by the department.
new text end
Sec. 34. new text begin CRITICAL MATERIALS RECOVERY ADVISORY TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "critical materials" means
materials on the final 2023 Critical Materials List published by the United States Secretary
of Energy in the Federal Register on August 4, 2023, as amended, as required under section
7002 of the Energy Act of 2020.
new text end
new text begin Subd. 2. new text end
new text begin Composition of task force. new text end
new text begin
The commissioner of the Pollution Control Agency
must, no later than October 1, 2024, establish and appoint a Critical Materials Recovery
Advisory Task Force consisting of 16 members appointed as follows:
new text end
new text begin
(1) the commissioner of the Pollution Control Agency or the commissioner's designee;
new text end
new text begin
(2) the commissioner of employment and economic development or the commissioner's
designee;
new text end
new text begin
(3) an expert in the field of industrial metallurgy;
new text end
new text begin
(4) one representative from the Solid Waste Administrators Association;
new text end
new text begin
(5) one representative from a company that disassembles electronic waste;
new text end
new text begin
(6) one representative from an energy advocacy organization;
new text end
new text begin
(7) one representative from an organization that is primarily involved in environmental
justice issues;
new text end
new text begin
(8) one representative from an industrial labor union;
new text end
new text begin
(9) one representative from a labor union affiliated with the Building and Construction
Trades Council;
new text end
new text begin
(10) one representative from a manufacturer that uses critical materials as inputs;
new text end
new text begin
(11) one representative of a Minnesota Tribal government, as defined in Minnesota
Statutes, section 10.65, subdivision 2;
new text end
new text begin
(12) one representative from the Minnesota Resource Recovery Association;
new text end
new text begin
(13) one representative from an electronics manufacturer that operates an e-waste
recycling program and is also an electronics retailer;
new text end
new text begin
(14) one representative from the Natural Resources Research Institute in Duluth;
new text end
new text begin
(15) one representative of a utility providing retail electric service to customers in
Minnesota; and
new text end
new text begin
(16) one representative from a recovery infrastructure operator, who is a nonvoting
member of the task force.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The task force must advise the commissioner of the Pollution Control
Agency with respect to policy and program options designed to increase the recovery of
critical materials from end-of-life products by:
new text end
new text begin
(1) developing a strategic road map for achieving domestic recovery of critical materials;
new text end
new text begin
(2) investigating emerging technologies employed to recover critical materials from
electronic waste, components of renewable energy generating systems, and other end-of-life
products;
new text end
new text begin
(3) evaluating the economic, environmental, and social costs, benefits, and impacts
associated with various methods of recovering critical materials from end-of-life products;
new text end
new text begin
(4) identifying options to prevent products containing critical materials from being
disposed of in a landfill or waste combustor;
new text end
new text begin
(5) consulting with stakeholders regarding recycling and end-of-life management options
for products containing critical materials that enhance the possibility of recovery; and
new text end
new text begin
(6) identifying infrastructure needed to develop an integrated system to collect, transport,
and recycle products for critical materials recovery.
new text end
new text begin
(b) The task force must convene at least one public meeting to gather comments on
issues regarding critical materials recovery.
new text end
new text begin Subd. 4. new text end
new text begin Task force; administration. new text end
new text begin
(a) The task force must elect a chair by majority
vote at its initial meeting. The task force must meet quarterly. Additional meetings may be
held at the call of the chair. The commissioner or the commissioner's designee and the
member appointed as an expert in industrial metallurgy shall co-facilitate task force meetings.
new text end
new text begin
(b) The Pollution Control Agency must serve as staff to the task force.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
No later than December 30, 2025, the task force must submit a written
report containing its findings and recommendations for administrative and legislative action
to the commissioner of the Pollution Control Agency and the chairs and ranking minority
members of the senate and house of representatives committees with primary jurisdiction
over solid waste. The task force expires on December 30, 2025, or upon submission of the
report required by this subdivision, whichever occurs first.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 35. new text begin POSTCLOSURE CARE SOLID WASTE DISPOSAL FACILITIES;
RULEMAKING.
new text end
new text begin
(a) The commissioner of the Pollution Control Agency must amend rules related to solid
waste disposal facilities to require the commissioner's approval to terminate the postclosure
care period.
new text end
new text begin
(b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end
Sec. 36. new text begin RULEMAKING; CAPITAL ASSISTANCE PROGRAM.
new text end
new text begin
The commissioner of the Pollution Control Agency must, using the expedited rulemaking
process in Minnesota Statutes, section 14.389, amend the rules related to the capital assistance
program in Minnesota Rules, parts 9210.0100 to 9210.0180, to conform with and implement
the changes made in Minnesota Statutes, sections 115A.03 and 115A.49 to 115A.54 by
Laws 2023, chapter 60, article 3, sections 6 and 9 to 13.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 37. new text begin REPORT ON RECREATIONAL USE OF PERMANENT SCHOOL LANDS.
new text end
new text begin Subdivision 1. new text end
new text begin Office of School Trust Lands. new text end
new text begin
The school trust lands director shall
conduct a study of the recreational use of school trust lands in the state. The study shall be
used to determine the amount of money to be allocated to the permanent school fund for
fees paid to the state for outdoor recreation purposes. The Department of Natural Resources
must assist the office by providing existing outdoor recreation use data. The office may
contract for additional survey data to complete the study. The study shall include the
following:
new text end
new text begin
(1) the estimated annual number of daily visits by individuals with a Minnesota hunting
license accessing school trust lands, and as a percentage of annual days hunted by all
individuals with a Minnesota hunting license;
new text end
new text begin
(2) the estimated annual number of daily visits by individuals with a Minnesota fishing
license using a public water access site that contains school trust lands, and as a percentage
of annual days fishing by all individuals with a Minnesota fishing license;
new text end
new text begin
(3) the estimated annual visits by Minnesota licensed watercrafts to state-owned public
water access sites that contain school trust lands, and as a percentage of all visits by
Minnesota licensed watercrafts using public water access sites;
new text end
new text begin
(4) the total number of miles of state-maintained snowmobile trails and all-terrain vehicle
trails that are on school trust lands, and as a percentage of total miles of state-operated trails
for each purpose;
new text end
new text begin
(5) the total amount of acres of school trust lands located within state parks and recreation
areas, and as a percentage of all acres of land in state parks and recreation areas;
new text end
new text begin
(6) any other uses of school trust lands for outdoor recreation that include individuals
purchasing a permit or paying a fee for access to the school trust lands, and the percentage
of the total permits or fees for that purpose;
new text end
new text begin
(7) the estimated cost of posting signage near entrances to school trust lands declaring
that certain portions of the public land that are being used for outdoor recreation is school
trust land; and
new text end
new text begin
(8) the estimated cost of updating recreational use maps and other electronic and printed
documents to distinctly label school trust lands that are contained within or are part of state
recreational areas, parks, and trails.
new text end
new text begin Subd. 2. new text end
new text begin Report to the legislature. new text end
new text begin
By January 15, 2025, the school trust lands director
shall report the findings in subdivision 1 to the chairs and ranking minority members of the
legislative committees with jurisdiction over environment and natural resources.
new text end
Sec. 38. new text begin GAS PRODUCTION TECHNICAL ADVISORY COMMITTEE.
new text end
new text begin
(a) The commissioner of natural resources must appoint a Gas Production Technical
Advisory Committee to develop recommendations according to paragraph (c). The
commissioner may appoint representatives from the following entities to the technical
advisory committee:
new text end
new text begin
(1) the Pollution Control Agency;
new text end
new text begin
(2) the Environmental Quality Board;
new text end
new text begin
(3) the Department of Health;
new text end
new text begin
(4) the Department of Revenue;
new text end
new text begin
(5) the University of Minnesota; and
new text end
new text begin
(6) federal agencies.
new text end
new text begin
(b) A majority of the committee members must be from state agencies, and all members
must have expertise in at least one of the following areas: environmental review; air quality;
water quality; taxation; mine permitting; mineral, gas, or oil exploration and development;
well construction; or other areas related to gas or oil production.
new text end
new text begin
(c) The technical advisory committee must make recommendations to the commissioner
relating to the production of gas and oil in the state to guide the creation of a temporary
regulatory framework that will govern permitting before the rules authorized in Minnesota
Statutes, section 93.514, are adopted. The temporary framework must include
recommendations on statutory and policy changes that govern permitting requirements and
processes, financial assurance, taxation, boring monitoring and inspection protocols,
environmental review, and other topics that provide for gas and oil production to be
conducted in a manner that will reduce environmental impacts to the extent practicable,
mitigate unavoidable impacts, and ensure that the production area is left in a condition that
protects natural resources and minimizes the need for maintenance. The temporary framework
must consider input from stakeholders and Tribes. Recommendations must include draft
legislative language.
new text end
new text begin
(d) By January 15, 2025, the commissioner must submit to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over environment
recommendations for statutory and policy changes to facilitate gas and oil exploration and
production in this state and to support the issuance of temporary permits in a manner that
benefits the people of Minnesota while adequately protecting the state's natural resources.
new text end
new text begin
(e) For purposes of this section, "gas" includes both hydrocarbon and nonhydrocarbon
gases. For purposes of this section, "production" includes extraction and beneficiation from
consolidated or unconsolidated formations in the state.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 39. new text begin REPORT ON GEOLOGIC CARBON SEQUESTRATION.
new text end
new text begin
(a) The commissioner of natural resources must prepare a report on geologic carbon
sequestration within the state to guide future decision-making and legislation that will assist
in achieving goals for carbon neutrality by 2050 as established in Minnesota's Climate
Action Framework. The report must identify geologic carbon sequestration opportunities
and include recommendations on statutory and policy changes that govern any geologic
carbon sequestration activity while benefiting the people of Minnesota and adequately
protecting the state's natural resources.
new text end
new text begin
(b) The commissioner of natural resources must appoint a Geologic Carbon Sequestration
Technical Advisory Committee to advise on the preparation of the report required by
paragraph (a). The commissioner may appoint representatives from the following entities
to the technical advisory committee:
new text end
new text begin
(1) the Pollution Control Agency;
new text end
new text begin
(2) the Environmental Quality Board;
new text end
new text begin
(3) the Department of Health;
new text end
new text begin
(4) the Department of Revenue;
new text end
new text begin
(5) the University of Minnesota; and
new text end
new text begin
(6) federal agencies.
new text end
new text begin
(c) A majority of the committee members must be from state agencies, and all members
must have expertise in at least one of the following areas: geology, hydrogeology, mineralogy,
air emissions, well and boring construction and monitoring, direct air capture technology,
mineral carbonization, Underground Injection Control class VI permitting and primacy
programming, environmental review, property law, or taxation. The committee must hold
a meeting to gather and consider input from industry, environmental groups, other
stakeholders, and Tribes.
new text end
new text begin
(d) By January 15, 2025, the commissioner must submit the report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
environment. The report must include recommendations for draft legislative language.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 40. new text begin MANURE MANAGEMENT GRANTS.
new text end
new text begin
(a) Money appropriated in this act to the Board of Water and Soil Resources for manure
management grants may be used to enhance groundwater protection and reduce greenhouse
gases associated with agriculture. Priority must be given to areas with high groundwater
nitrate levels or geology conducive to groundwater pollution, such as those shown on the
Department of Agriculture's vulnerable groundwater area map.
new text end
new text begin
(b) Funded activities may include projects that limit agricultural use of vulnerable land,
such as establishing karst feature buffers or conservation easements, and cost-share assistance
for constructing manure management and storage facilities. All funded projects must be
designed to result in improved water quality or reduced greenhouse gas emissions. Feedlot
grant recipients must agree to prepare and complete a nutrient management plan and must
operate at fewer than 1,000 animal units. Grants for expanded liquid manure storage capacity
must not exceed 12 months of storage based on current animal numbers. Anaerobic digesters
are not eligible for grants under this section.
new text end
new text begin
(c) Grants must prioritize applicants that will manage nutrient application using the
Pollution Control Agency's latest published manure management tool and that will comply
with the land application requirements and vulnerable field restrictions applicable to permitted
feedlots in Minnesota.
new text end
new text begin
(d) The board may use this appropriation to match federal money. The board must ensure
that grant agreements include terms necessary to document implementation of approved
plans and activities.
new text end
Sec. 41. new text begin RESEARCHING CLIMATE ADAPTATION AND RESILIENCE COSTS
FOR MINNESOTA.
new text end
new text begin
(a) The commissioner of the Pollution Control Agency must research and report the
projected costs in Minnesota of climate change adaptation and resilience measures needed
to mitigate the projected impacts for at least two different future scenarios using either the
Shared Socioeconomic Pathways or Representative Concentration Pathways as described
by the Intergovernmental Panel on Climate Change. The report must identify what research,
data, modeling, stakeholder engagement, and other resources are needed in order to:
new text end
new text begin
(1) estimate costs for mid-century, late-century, and end-of-century, using 2024 dollars
as a baseline;
new text end
new text begin
(2) estimate costs related to hazards, including but not limited to precipitation and heat
and the impacts of precipitation and heat on soil and lakes;
new text end
new text begin
(3) provide an analysis of the projected costs and impacts of additional hazards like
flooding, drought, wildfires, high-wind events, extreme cold, and vector-borne illnesses;
new text end
new text begin
(4) provide analyses of how these hazards and impacts are experienced differently by
Minnesotans based on demographics, including race, gender, ability, and age, as well as
economic status and geography; and
new text end
new text begin
(5) identify methods for understanding and making decisions about the trade-offs between
the financial and social costs to mitigate climate risks and the level of risk reduction achieved.
new text end
new text begin
(b) The report must identify what research, data, modeling, stakeholder engagement,
and other resources are needed in order to estimate the costs of impacts on:
new text end
new text begin
(1) Minnesota's natural environment, including but not limited to impacts on:
new text end
new text begin
(i) working lands and natural lands;
new text end
new text begin
(ii) water, including but not limited to surface waters, rivers, drinking water, and Lake
Superior;
new text end
new text begin
(iii) air, including but not limited to surface temperature and air quality; and
new text end
new text begin
(iv) the biodiversity of Minnesota's biomes;
new text end
new text begin
(2) Minnesota's built environment, including but not limited to impacts on:
new text end
new text begin
(i) residential, commercial, and public buildings; and
new text end
new text begin
(ii) critical infrastructure, including but not limited to the infrastructure that manages
stormwater, wastewater, drinking water, transportation, electricity, gas, and communications
technologies; and
new text end
new text begin
(3) Minnesota's social environment, including but not limited to impacts on:
new text end
new text begin
(i) human settlement and migration;
new text end
new text begin
(ii) statewide and regional economies, including but not limited to impacts on industries
like tourism, agriculture, and forest products; and
new text end
new text begin
(iii) public health, including but not limited to impacts related to emergency response,
asthma, heat exposure, and vector-borne illnesses.
new text end
new text begin
(c) The report should recommend best practices for integrating costs estimates with
University of Minnesota's Minnesota CliMAT (Climate Mapping and Analysis Tool) or
any related preceding or successor modeling tools.
new text end
new text begin
(d) To prepare the report, the commissioner must engage subject-area experts and other
stakeholders, as needed, to contribute to the report.
new text end
new text begin
(e) By February 1, 2025, the commissioner shall submit a written report to the chairs
and ranking minority members of the legislative committees with primary jurisdiction over
energy, environment, health, transportation, and capital investment summarizing the findings
of the research.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 42. new text begin CONDEMNATION OF CERTAIN LAND IN MILLE LACS COUNTY.
new text end
new text begin
(a) Funds appropriated in this act to the commissioner of natural resources to condemn
land in Mille Lacs County must be used to initiate condemnation proceedings of the lands
described in paragraph (d). The commissioner may use this appropriation for project costs,
including but not limited to valuation expenses, legal fees, closing costs, transactional staff
costs, and the condemnation award. This is a onetime appropriation and is available until
spent.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, sections 92.45, 94.09 to 94.16, or any other
provision of law to the contrary, once the lands are condemned under paragraph (a), the
commissioner of natural resources may convey the surplus land bordering public waters
that is described in paragraph (d) to a federally recognized Indian Tribe for no consideration.
new text end
new text begin
(c) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(d) The land that may be conveyed is located in Mille Lacs County and is described as:
Government Lot 2, Section 16, Township 42 North, Range 26 West, including all riparian
rights.
new text end
new text begin
(e) The land borders Mille Lacs Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to Tribal ownership.
new text end
Sec. 43. new text begin NONLETHAL BEAVER MANAGEMENT GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of natural resources must establish a
program to:
new text end
new text begin
(1) provide state matching grants to assist individuals and communities with nonlethal
beaver management and beaver damage deterrence; and
new text end
new text begin
(2) provide recommendations for nonlethal strategies that can be implemented instead
of lethal management.
new text end
new text begin Subd. 2. new text end
new text begin Eligible applicants. new text end
new text begin
The commissioner may award grants under this section
to:
new text end
new text begin
(1) local units of government, including cities, counties, regional authorities, joint powers
boards, towns, townships, Tribal governments, and parks and recreation boards in cities of
the first class, that are responding to property damage caused by beaver activity; and
new text end
new text begin
(2) Minnesota residents that own or lease land where beavers are present and are causing
property damage.
new text end
new text begin Subd. 3. new text end
new text begin Eligible expenditures. new text end
new text begin
Applicants located in the seven-county metropolitan
area are eligible for matching grants of up to 50 percent of costs incurred to deter beaver
damage. Eligible expenditures include:
new text end
new text begin
(1) nonlethally trapping and relocating beavers that are causing property damage;
new text end
new text begin
(2) fencing and other hardware for tree and plant protection;
new text end
new text begin
(3) planting native vegetation that is beaver-resistant; and
new text end
new text begin
(4) creating buffer strips of native vegetation that deter beaver damage to other properties.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
The commissioner must report to the legislature by February 1, 2025,
on the uses and effectiveness of the nonlethal beaver management grant program and make
recommendations for further changes to the program, including possible future funding
amounts and sources of funding.
new text end
Sec. 44. new text begin ELECTRONICS RECYCLING STUDY.
new text end
new text begin
(a) The commissioner of the Pollution Control Agency shall contract with an independent
third party to conduct a study that examines the barriers to electronics recycling and
recommends ways those barriers may be overcome. The study must, at a minimum, address:
new text end
new text begin
(1) the status of end markets for materials recovered from electronics recycling;
new text end
new text begin
(2) information regarding the toxicity of materials recovered from electronics recycling;
new text end
new text begin
(3) ways to promote worker safety in facilities that recycle electronics;
new text end
new text begin
(4) opportunities and methods to recover precious metals from electronic recycling
processes;
new text end
new text begin
(5) measures to reduce emissions of greenhouse gases from electronic recycling facilities;
and
new text end
new text begin
(6) how changes in product design that increase the recyclability of electronics products
can be encouraged.
new text end
new text begin
(b) No later than March 1, 2026, the commissioner shall submit a written report containing
the findings and recommendations of the study to the chairs and ranking minority members
of the senate and house of representatives committees with primary responsibility over
recycling.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 45. new text begin RULEMAKING; CHANGES TO NONFERROUS METALLIC MINERAL
LEASE TERMS.
new text end
new text begin
(a) The commissioner of natural resources must amend paragraph 8c of the lease terms
under Minnesota Rules, part 6125.0700, as follows:
new text end
new text begin
(1) in the first paragraph, strike ": (1) the net return value of the metallic minerals and
associated mineral products recovered from each ton of dried crude ore mined from the
mining unit exceeds $75; and (2)";
new text end
new text begin
(2) amend the second paragraph to read "The adjustment to the base rate must be
computed by multiplying a fraction, the numerator of which is the Base Index and the
denominator of which is equal to the Producer Price Index for All Commodities for the
month in question, by the net return value of the metallic minerals and associated mineral
products recovered from each ton of dried crude ore mined from the mining unit. The
resulting product must be carried to four decimal places and then rounded to the nearest
one-hundredth of a dollar. This product must be used instead of the net return value to
reference Appendix A: Royalty Base Rate Table and to determine the base rate."; and
new text end
new text begin
(3) in the third paragraph, make changes to the example consistent with clauses (1) and
(2) and update and reformat as needed.
new text end
new text begin
(b) The commissioner may use the good-cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt the rule under paragraph (a), and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end
new text begin
(c) Effective on the date that the rule under paragraph (a) is adopted, all existing
nonferrous metallic mineral leases issued by the commissioner are deemed amended to
reflect the adopted rule.
new text end
Sec. 46. new text begin REPORT.
new text end
new text begin
By December 1, 2027, the commissioner of natural resources must report to the chairs
and ranking minority members of the legislative committees with jurisdiction over
environment and natural resources on the effect of eliminating the shotgun zone on deer
hunting and deer populations. The report may include any recommendations for additional
statutory or policy changes that the commissioner deems advisable.
new text end
Sec. 47. new text begin STUDY OF IMPACT OF EAGLES ON LOONS.
new text end
new text begin
The commissioner of natural resources must conduct a study of the impact that eagles
have on loons in this state. The study must include an assessment of the impact that the
presence of bald eagles has on juvenile loons and on the loon population generally. By
March 1, 2028, the commissioner must submit a report on the results of the study to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over the environment.
new text end
Sec. 48. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 97B.318; and 97B.802,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
ENVIRONMENTAL REVIEW AND PERMITTING
Section 1.
new text begin
[84.0265] ENVIRONMENTAL REVIEW AND PERMITTING;
COORDINATED PROJECT PLANS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
In this section, the following terms have the meanings given:
new text end
new text begin
(1) "commissioner" means the commissioner of natural resources;
new text end
new text begin
(2) "coordinated project plan" or "plan" means a plan to ensure that any required
environmental review and associated required state agency actions are completed efficiently
by coordinating and establishing deadlines for all necessary state agency actions;
new text end
new text begin
(3) "eligible project" means a project that requires the commissioner to prepare an
environmental assessment worksheet or an environmental impact statement under chapter
116D and associated permits, unless the project is sponsored by the Department of Natural
Resources; and
new text end
new text begin
(4) "state agency" means the department or any other office, board, commission, authority,
department, or other agency of the executive branch of state government.
new text end
new text begin Subd. 2. new text end
new text begin State policy. new text end
new text begin
It is the goal of the state to maximize the coordination,
effectiveness, transparency, and accountability of environmental review, associated
environmental permitting, and other regulatory actions for facilities in Minnesota.
new text end
new text begin Subd. 3. new text end
new text begin Early communication; identifying issues. new text end
new text begin
To the extent practicable, the
commissioner must establish and provide an expeditious process for a person that requests
to confer with the department and other state agencies about an eligible project. The
department must provide information about any identified challenging issues regarding the
potential environmental impacts related to an eligible project, including any issues that
could substantially delay a state agency from completing agency decisions; and issues that
must be addressed before an environmental assessment worksheet, environmental impact
statement, final scoping decision, permit action, or other required action by a state agency
can be started.
new text end
new text begin Subd. 4. new text end
new text begin Plan preparation; participating agencies. new text end
new text begin
(a) A person who submits an
application for an eligible project to the commissioner may request that the commissioner
prepare a coordinated project plan to complete any required environmental review and
associated agency actions for the eligible project.
new text end
new text begin
(b) Within 60 days of receiving a request under paragraph (a), the commissioner must
prepare a coordinated project plan in consultation with the requestor and other state agencies
identified under paragraph (c). If an eligible project requires or otherwise includes the
preparation of an environmental impact statement, the commissioner is required to prepare
a coordinated project plan that first covers the period through a final scoping decision.
Within 60 days of completion of the final scoping decision, the commissioner must update
the coordinated project plan to include the remainder of the environmental review process
as well as applicable state permits and other state regulatory decisions. The coordinated
project plan is subject to modification in accordance with subdivision 7.
new text end
new text begin
(c) Any state agency that must make permitting or other regulatory decisions over the
eligible project must participate in developing a coordinated project plan.
new text end
new text begin
(d) If an eligible project requires environmental review and the Department of Natural
Resources is the responsible governmental unit, then the Department of Natural Resources
is the lead agency responsible for preparation of a coordinated project plan under this section.
If an eligible project requires environmental review and the Pollution Control Agency is
the responsible governmental unit, then the Pollution Control Agency is the lead agency
responsible for preparation of a coordinated project under section 116.035.
new text end
new text begin Subd. 5. new text end
new text begin Plan contents; synchronization; updates. new text end
new text begin
(a) A coordinated project plan must
include:
new text end
new text begin
(1) a list of all state agencies known to have environmental review, permitting, or other
regulatory authority over the eligible project and an explanation of each agency's specific
role and responsibilities for actions under the coordinated project plan;
new text end
new text begin
(2) a schedule for any formal public meetings; and
new text end
new text begin
(3) a comprehensive schedule of deadlines by which all environmental reviews, permits,
and other state agency actions must be completed. The deadlines established under this
clause must include intermediate and final completion deadlines for actions by each state
agency and must be consistent with subdivision 6, subject to modification in accordance
with subdivision 7.
new text end
new text begin
(b) The commissioner must update a coordinated project plan quarterly.
new text end
new text begin Subd. 6. new text end
new text begin Required deadlines. new text end
new text begin
(a) Deadlines established in a coordinated project plan
must comply with this subdivision, unless an alternative time period is agreed upon by the
commissioner and proposer.
new text end
new text begin
(b) When an environmental assessment worksheet is prepared for an eligible project for
which an environmental impact statement is not mandatory under Minnesota Rules, chapter
4410, the decision on the need for an environmental impact statement must be made as
expeditiously as possible but no later than 18 months after the environmental assessment
worksheet is deemed complete by the commissioner.
new text end
new text begin
(c) When an environmental impact statement is prepared for an eligible project, the
decision on the adequacy of the final environmental impact statement must be made as
expeditiously as possible but no later than four years after the data submitted for the
environmental assessment worksheet is deemed complete.
new text end
new text begin
(d) If the commissioner includes plan deadlines that are inconsistent with paragraphs
(b) and (c), then within 30 days of finalizing the plan, the commissioner must report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over natural resources policy to explain how deadlines were established and
why the deadlines under paragraphs (b) and (c) are not attainable.
new text end
new text begin Subd. 7. new text end
new text begin Deadline compliance; modification. new text end
new text begin
(a) A state agency that participates in the
commissioner's development coordinated project plan must comply with deadlines established
in the plan. If a participating state agency fails to meet a deadline established in the
coordinated project plan or anticipates failing to meet a deadline, the state agency must
immediately notify the commissioner to explain the reason for the failure or anticipated
failure and to propose a date for a modified deadline.
new text end
new text begin
(b) The commissioner may modify a deadline established in the coordinated project plan
if the project proposer fails to meet a deadline established in the coordinated project plan
or provides inadequate information to meet that deadline, or if:
new text end
new text begin
(1) the commissioner provides the person that requested the plan with a written
justification for the modification; and
new text end
new text begin
(2) the commissioner and the state agency, after consultation with the person that
requested the plan, mutually agree on a different deadline.
new text end
new text begin
(c) If the combined modifications to one or more deadlines established in a coordinated
project plan extend the initially anticipated final decision date for an eligible project
application by more than 20 percent, the commissioner must report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over natural
resources policy within 30 days to explain the reason the modifications are necessary. The
commissioner must also notify the chairs and ranking minority members within 30 days of
any subsequent extensions to the final decision date. The notification must include the reason
for the extension and the history of any prior extensions. For purposes of calculating the
percentage of time that modifications have extended the anticipated final decision date,
modifications made necessary by reasons wholly outside the control of state agencies must
not be considered.
new text end
new text begin Subd. 8. new text end
new text begin Annual report. new text end
new text begin
As part of the annual permitting efficiency report required
under section 84.027, the commissioner must report on progress toward required actions
described in this section.
new text end
new text begin Subd. 9. new text end
new text begin Relation to other law. new text end
new text begin
Nothing in this section is to be construed to require an
act that conflicts with applicable state or federal law. Nothing in this section affects the
specific statutory obligations of a state agency to comply with criteria or standards of
environmental quality.
new text end
Sec. 2.
new text begin
[116.035] ENVIRONMENTAL REVIEW AND PERMITTING;
COORDINATED PROJECT PLANS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
In this section, the following terms have the meanings given:
new text end
new text begin
(1) "commissioner" means the commissioner of the Pollution Control Agency;
new text end
new text begin
(2) "coordinated project plan" or "plan" means a plan to ensure that any required
environmental review and associated required state agency actions are completed efficiently
by coordinating and establishing deadlines for all necessary state agency actions;
new text end
new text begin
(3) "eligible project" means a project that requires the commissioner to prepare an
environmental assessment worksheet or an environmental impact statement under chapter
116D and associated permits; and
new text end
new text begin
(4) "state agency" means the agency or any other office, board, commission, authority,
department, or other agency of the executive branch of state government.
new text end
new text begin Subd. 2. new text end
new text begin State policy. new text end
new text begin
It is the goal of the state to maximize the coordination,
effectiveness, transparency, and accountability of environmental review, associated
environmental permitting, and other regulatory actions for facilities in Minnesota.
new text end
new text begin Subd. 3. new text end
new text begin Early communication; identifying issues. new text end
new text begin
To the extent practicable, the
commissioner must establish and provide an expeditious process for a person that requests
to confer with the agency and other state agencies about an eligible project. The agency
must provide information about any identified challenging issues regarding the potential
environmental impacts related to an eligible project, including any issues that could
substantially delay a state agency from completing agency decisions and issues that must
be addressed before an environmental assessment worksheet, environmental impact statement,
final scoping decision, permit action, or other required action by a state agency can be
started.
new text end
new text begin Subd. 4. new text end
new text begin Plan preparation; participating agencies. new text end
new text begin
(a) A person who submits an
application for an eligible project to the commissioner may request that the commissioner
prepare a coordinated project plan to complete any required environmental review and
associated agency actions for the eligible project.
new text end
new text begin
(b) Within 60 days of receiving a request under paragraph (a), the commissioner must
prepare a coordinated project plan in consultation with the requestor and other state agencies
identified under paragraph (c). If an eligible project requires or otherwise includes the
preparation of an environmental impact statement, the commissioner is required to prepare
a coordinated project plan that first covers the period through a final scoping decision.
Within 60 days of completion of the final scoping decision, the commissioner must update
the coordinated project plan to include the remainder of the environmental review process
as well as applicable state permits and other state regulatory decisions. The coordinated
project plan is subject to modification in accordance with subdivision 7.
new text end
new text begin
(c) Any state agency that must make permitting or other regulatory decisions over the
eligible project must participate in developing a coordinated project plan.
new text end
new text begin
(d) If an eligible project requires environmental review and the Department of Natural
Resources is the responsible governmental unit, then the Department of Natural Resources
is the lead agency responsible for preparation of a coordinated project plan under section
84.0265. If an eligible project requires environmental review and the Pollution Control
Agency is the responsible governmental unit, then the Pollution Control Agency is the lead
agency responsible for preparation of a coordinated project under this section.
new text end
new text begin Subd. 5. new text end
new text begin Plan contents; synchronization; updates. new text end
new text begin
(a) A coordinated project plan must
include:
new text end
new text begin
(1) a list of all state agencies known to have environmental review, permitting, or other
regulatory authority over the eligible project and an explanation of each agency's specific
role and responsibilities for actions under the coordinated project plan;
new text end
new text begin
(2) a schedule for any formal public meetings; and
new text end
new text begin
(3) a comprehensive schedule of deadlines by which all environmental reviews, permits,
and other state agency actions must be completed. The deadlines established under this
clause must include intermediate and final completion deadlines for actions by each state
agency and must be consistent with subdivision 6, subject to modification in accordance
with subdivision 7.
new text end
new text begin
(b) The commissioner must update a coordinated project plan quarterly.
new text end
new text begin Subd. 6. new text end
new text begin Required deadlines. new text end
new text begin
(a) Deadlines established in a coordinated project plan
must comply with this subdivision unless an alternative time period is agreed upon by the
commissioner and proposer.
new text end
new text begin
(b) When an environmental assessment worksheet is prepared for an eligible project for
which an environmental impact statement is not mandatory under Minnesota Rules, chapter
4410, the decision on the need for an environmental impact statement must be made as
expeditiously as possible but no later than 18 months after the environmental assessment
worksheet is deemed complete by the commissioner.
new text end
new text begin
(c) When an environmental impact statement is prepared for an eligible project, the
decision on the adequacy of the final environmental impact statement must be made as
expeditiously as possible but no later than four years after the submitted data for the
environmental assessment worksheet is deemed complete.
new text end
new text begin
(d) If the commissioner includes plan deadlines that are inconsistent with paragraphs
(b) and (c), then within 30 days of finalizing the plan, the commissioner must report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over natural resources policy to explain how deadlines were established and
why the deadlines under paragraphs (b) and (c) are not attainable.
new text end
new text begin Subd. 7. new text end
new text begin Deadline compliance; modification. new text end
new text begin
(a) A state agency that participates in the
commissioner's development coordinated project plan must comply with deadlines established
in the plan. If a participating state agency fails to meet a deadline established in the
coordinated project plan or anticipates failing to meet a deadline, the state agency must
immediately notify the commissioner to explain the reason for the failure or anticipated
failure and to propose a date for a modified deadline.
new text end
new text begin
(b) The commissioner may modify a deadline established in the coordinated project plan
if the project proposer fails to meet a deadline established in the coordinated project plan
or provides inadequate information to meet that deadline, or if:
new text end
new text begin
(1) the commissioner provides the person that requested the plan with a written
justification for the modification; and
new text end
new text begin
(2) the commissioner and the state agency, after consultation with the person that
requested the plan, mutually agree on a different deadline.
new text end
new text begin
(c) If the combined modifications to one or more deadlines established in a coordinated
project plan extend the initially anticipated final decision date for an eligible project
application by more than 20 percent, the commissioner must report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over natural
resources policy within 30 days to explain the reason the modifications are necessary. The
commissioner must also notify the chairs and ranking minority members within 30 days of
any subsequent extensions to the final decision date. The notification must include the reason
for the extension and the history of any prior extensions. For purposes of calculating the
percentage of time that modifications have extended the anticipated final decision date,
modifications made necessary by reasons wholly outside the control of state agencies must
not be considered.
new text end
new text begin Subd. 8. new text end
new text begin Annual report. new text end
new text begin
As part of the annual permitting efficiency report required
under section 116.03, the commissioner must report on progress toward required actions
described in this section.
new text end
new text begin Subd. 9. new text end
new text begin Relation to other law. new text end
new text begin
Nothing in this section is to be construed to require an
act that conflicts with applicable state or federal law. Nothing in this section affects the
specific statutory obligations of a state agency to comply with criteria or standards of
environmental quality.
new text end
ARTICLE 4
STATE LANDS
Section 1.
Minnesota Statutes 2022, section 85.015, subdivision 1b, is amended to read:
Subd. 1b.
Easements for ingress and egress.
(a) Notwithstanding section 16A.695,
except as provided in paragraph (b), when a trail is established under this section, a private
property owner who has a preexisting right of ingress and egress over the trail right-of-way
is granted, without charge, a permanent easement for ingress and egress purposes only. The
easement is limited to the preexisting crossing and reverts to the state upon abandonment.
Nothing in this subdivision is intended to diminish or alter any written or recorded easement
that existed before the state acquired the land for the trail.
(b) The commissioner of natural resources shall assess the applicant an application fee
of $2,000 for reviewing the application and preparing the easement. The applicant shall pay
the application fee to the commissioner of natural resources. The commissioner shall not
issue the easement until the applicant has paid the application fee in full. The commissioner
shall not return the application fee, even if the application is withdrawn or denied.
(c) Money received under paragraph (b) must be credited to the land management account
in the natural resources fund and is appropriated to the commissioner of natural resources
to cover the reasonable costs incurred under this section.
new text begin
(d) Notwithstanding paragraphs (a) to (c), the commissioner of natural resources may
elect to assume the application fee under paragraph (b) if the commissioner determines that
issuing the easement will benefit the state's land management interests.
new text end
Sec. 2.
Minnesota Statutes 2022, section 94.343, subdivision 8a, is amended to read:
Subd. 8a.
Fees.
(a) When a private landowner or governmental unit, except the state,
presents to the commissioner an offer to exchange privately or publicly held land for class
A land, the private landowner or governmental unit shall pay to the commissioner deleted text begin a
determination of value fee and survey fee of not less than one-half of the cost of the
determination of value and survey fees as determined by the commissioner.deleted text end new text begin fees of not less
than one-half of the costs incurred by the commissioner for valuation expenses; survey
expenses; legal and professional fees; costs of title work, advertising, and public hearings;
transactional staff costs; and closing costs.
new text end
(b) Except as provided in paragraph (c), any payment made under paragraph (a) shall
be credited to the account from which the expenses are paid and is appropriated for
expenditure in the same manner as other money in the account.
(c) The fees shall be refunded if the land exchange offer is withdrawn by a private
landowner or governmental unit before the money is obligated to be spent.
Sec. 3.
Minnesota Statutes 2022, section 94.3495, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Fees. new text end
new text begin
(a) When a governmental unit presents to the commissioner an offer to
exchange publicly held land under this section, the governmental unit must pay to the
commissioner fees of not less than one-half of the costs incurred by the commissioner for
valuation expenses; survey expenses; legal and professional fees; costs of title work,
advertising, and public hearings; transactional staff costs; and closing costs.
new text end
new text begin
(b) Except as provided in paragraph (c), any payment made under paragraph (a) must
be credited to the account from which the expenses are paid and is appropriated to the
commissioner for expenditure in the same manner as other money in the account.
new text end
new text begin
(c) The fees must be refunded if the land exchange offer is withdrawn by the
governmental unit before the money is obligated to be spent.
new text end
Sec. 4. new text begin ADDITIONS TO STATE PARKS.
new text end
new text begin Subdivision 1. new text end
new text begin [85.012] [Subd. 2.] Banning State Park, Pine County. new text end
new text begin
The following
area is added to Banning State Park: the Northwest Quarter of the Northwest Quarter of
Section 22, Township 42 North, Range 20 West, Pine County, Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin [85.012] [Subd. 15.] Father Hennepin State Park, Mille Lacs County. new text end
new text begin
The
following areas are added to Father Hennepin State Park, all in Mille Lacs County,
Minnesota:
new text end
new text begin
(1) the Southwest Quarter of the Southwest Quarter of Section 3, Township 42, Range
25;
new text end
new text begin
(2) the Southwest Quarter of the Southeast Quarter of Section 4, Township 42, Range
25; and
new text end
new text begin
(3) the Southeast Quarter of the Southeast Quarter of Section 4, Township 42, Range
25.
new text end
new text begin Subd. 3. new text end
new text begin [85.012] [Subd. 36.] Lake Louise State Park, Mower County. new text end
new text begin
Those parts
of Section 20, Township 101 North, Range 14 West, Mower County, Minnesota, described
as follows are added to Lake Louise State Park:
new text end
new text begin
(1) the West Half of the South Half of the Southwest Quarter of the Northeast Quarter;
new text end
new text begin
(2) the West 3/4ths of the North Half of the Southwest Quarter of the Northeast Quarter
EXCEPT that portion that lies north and east of the county road; and
new text end
new text begin
(3) the Northwest Quarter of the Northwest Quarter of the Southeast Quarter EXCEPT
the south 334.98 feet of the west 411.24 feet thereof.
new text end
Sec. 5. new text begin STATE PARK ABOLISHMENT.
new text end
new text begin Subdivision 1. new text end
new text begin
[85.012] [Subd. 27b.] Hill-Annex Mine State Park, Itasca
County.
new text end
new text begin
Hill-Annex Mine State Park is abolished as a state park. The Hill-Annex site must
be closed to public use while mining and mineral extraction leases are in place. When mining
activity is complete and leases are not in place, the commissioner of natural resources must
develop an advisory task force that includes representatives of the Western Mesabi Mine
Planning Board, the Iron Range Resources and Rehabilitation Board, and the Office of
School Trust Lands to develop options for the future of the Hill-Annex property for
submission to the commissioner. This group must explore the types of use, management,
and development that will be suitable for the site's conditions after mining and that would
provide a benefit to the local and regional community.
new text end
new text begin Subd. 2. new text end
new text begin
[85.012] [Subd. 58.] Upper Sioux Agency State Park, Yellow Medicine
County.
new text end
new text begin
Upper Sioux Agency State Park is abolished and its lands transferred according
to Laws 2023, chapter 60, article 4, section 97.
new text end
Sec. 6. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, Aitkin County may sell by private sale the tax-forfeited lands
described in paragraph (c).
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The attorney
general may make changes to the land descriptions to correct errors and ensure accuracy.
new text end
new text begin
(c) The lands to be sold are located in Aitkin County and are described as:
new text end
new text begin
(1) Lot 3 of "Knox's Irregular Lots in the Village of Aitkin," except the portion thereof
described as follows: all that part of Lot 3 which lies East of a line beginning at a point on
the north line of said Lot 3 a distance of 79 feet East of the northwest corner of said lot and
running southeasterly to a point on the south line of said Lot 3 a distance of 56 feet East of
the southwest corner of said lot; and except the portion thereof described as follows:
beginning at a point on the north line of Lot 4 of said plat a distance easterly 60.75 feet from
the northwest corner of said Lot 4; thence running southeasterly to a point on the south line
of said Lot 4 which is 56 feet easterly of the southwest corner of said Lot 4; thence continuing
easterly along said south line a distance of 56 feet to the southeast corner of said Lot 4;
thence northwesterly to a point on the north line of said Lot 3 which is l6 feet easterly of
the northwest corner of said Lot 3; thence westerly along the north line of said Lots 3 and
4 to place of beginning. Section 25, Township 47 North, Range 27 West, Aitkin County,
Minnesota (0.28 acres)(parcel number 56-1-118100); and
new text end
new text begin
(2) that part of Government Lot l, Section 19, Township 46, Range 25, Aitkin County,
Minnesota, described as follows: commencing at the southwest corner of said Government
Lot 1; thence North 85 degrees l4 minutes 46 seconds East, assumed bearing, 1,000.00 feet
along the south line of said Government Lot 1 to the point of beginning of the tract to be
described; thence continuing North 85 degrees 14 minutes 46 seconds East 50.79 feet to an
iron monument; thence North 19 degrees 46 minutes 21 seconds West 459.76 feet, more or
less, to the shore of Rabbit Lake; thence southwesterly along said shore to its intersection
with a line bearing North 20 degrees 00 minutes 16 seconds West from the point of beginning;
thence South 20 degrees 00 minutes 16 seconds East 433 feet, more or less, to the point of
beginning. Together with and subject to the 33.00-foot-wide easement described in the deed
to Kendle recorded as Document Number 193583 on file in the office of the county recorder
in and for said county. Also subject to any other easements, reservations, or restrictions of
record (0.52 acres)(parcel number 09-0-031708).
new text end
new text begin
(d) The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership to resolve encroachment issues.
new text end
Sec. 7. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, Aitkin County may sell by private sale the tax-forfeited lands
described in paragraph (c).
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The attorney
general may make changes to the land descriptions to correct errors and ensure accuracy.
new text end
new text begin
(c) The lands to be sold are located in Aitkin County and are described as:
new text end
new text begin
(1) Quadna Mountain Vacation Club First Addition, Outlot A, Section 26, Township 52
North, Range 26 West, Aitkin County, Minnesota (parcel identification number
57-1-088400); and
new text end
new text begin
(2) Quadna Mountain Vacation Club First Addition, Outlot B, Section 26, Township 52
North, Range 26 West, Aitkin County, Minnesota (parcel identification number 57-1-088500).
new text end
new text begin
(d) The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership.
new text end
Sec. 8. new text begin PUBLIC SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
CHISAGO COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Chisago County and is described as:
new text end
new text begin
All that part of Government Lot 1, Section 23, and all that part of Government Lot 1,
Section 24, Township 33 North, Range 21 West of the 4th Principal Meridian bounded by
the following described lines: commencing at the northeast corner of said Section 23; thence
South 00 degrees 00 minutes West, 1,831.3 feet on and along the east line of said Section
23 to the point of beginning; thence South 38 degrees 27 minutes East, 70.0 feet; thence
South 11 degrees 58 minutes West, 330.0 feet; thence South 76 degrees 59 minutes West,
286.9 feet; thence South 45 degrees 33 minutes West, 167.4 feet; thence North 73 degrees
20 minutes West, 231.8 feet; thence North 59 degrees 33 minutes West, 420.7 feet; thence
North 30 degrees 17 minutes East, 327.6 feet; thence North 64 degrees 19 minutes East,
360.4 feet; thence South 87 degrees 03 minutes East, 197.8 feet; thence South 65 degrees
09 minutes East, 354.3 feet and to the point of beginning. Including all riparian rights to
the contained 11.5 acres, more or less, and subject to all existing road easements. Together
with that particular channel easement as described in Document #119723, on file and of
record in the Office of the Recorder, Chisago County, Minnesota, with said easement being
stated in said document as a perpetual easement to construct and maintain a channel over
and across the area described in Document #119723 as a strip of land 75 feet wide in
Government Lot 1 of Section 24, Township 33 North, Range 21 West of the 4th Principal
Meridian, bounded by the water's edge of Green Lake and the following described lines:
commencing at the northwest corner of said Section 24; thence South 00 degrees 00 minutes
West, 1,831.3 feet on and along the west line of said section; thence South 38 degrees 27
minutes East, 70.0 feet; thence South 11 degrees 58 minutes West, 58.9 feet to a point on
the centerline of said strip of land and the point of beginning; thence South 11 degrees 58
minutes West, 40.4 feet; thence North 80 degrees 00 minutes East, 290 feet, more or less,
to the water's edge of said Green Lake and there terminating. And also from the point of
beginning; thence North 11 degrees 58 minutes East, 40.4 feet; thence North 80 degrees 00
minutes East, 220 feet, more or less, to the water's edge of said Green Lake and there
terminating.
new text end
new text begin
ALSO
new text end
new text begin
Together with that particular access easement as described in Document #119723, on
file and of record in the Office of the Recorder, Chisago County, Minnesota, with said
easement being stated in said document as a perpetual road easement to construct and
maintain a 33-foot-wide road for ingress and egress over and across the following described
lands: that part of Government Lot 1 of Section 23, Township 33 North, Range 21 West of
the 4th Principal Meridian, bounded by the following described lines: commencing at the
northeast corner of said Section 23; thence South 00 degrees 00 minutes West, 1,831.3 feet
on and along the east line of said section; thence South 38 degrees 27 minutes East, 70.0
feet; thence South 11 degrees 58 minutes West, 330.0 feet; thence South 76 degrees 59
minutes West, 223.6 feet to a point on the southerly boundary of the above described lands
being conveyed in fee and the point of beginning; thence South 76 degrees 59 minutes West,
63.3 feet on and along said southerly boundary; thence South 45 degrees 33 minutes West,
167.4 feet on and along said southerly boundary; thence North 72 degrees 57 minutes West,
666.8 feet to a point on the southeasterly right-of-way line of U.S. Highway No. 8; thence
South 38 degrees 09 minutes West, 35.4 feet on and along said right-of-way line; thence
South 72 degrees 57 minutes East, 679.7 feet; thence South 73 degrees 20 minutes East,
251.3 feet; thence North 45 degrees 33 minutes West, 240.9 feet to the point of beginning.
new text end
new text begin
(d) The land borders Green Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to private ownership.
new text end
Sec. 9. new text begin CONVEYANCE OF SURPLUS LAND BORDERING PUBLIC WATER;
HUBBARD COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may convey the surplus land bordering public water that
is described in paragraph (c) to a local unit of government for no consideration, subject to
the state's reservation of a trail easement.
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land that may be conveyed is located in Hubbard County and is described as:
new text end
new text begin
A strip of land 150 feet in width extending over and across the Southwest Quarter of
the Southwest Quarter of Section 24, Township 140 North, Range 35 West of the Fifth
Principal Meridian, Hubbard County, Minnesota, said strip of land lying being 75 feet in
width on each side of the centerline of the main track (now removed) of the former St. Paul,
Minneapolis and Manitoba Railway Company (now BNI), as originally located and
established over and across said Southwest Quarter of the Southwest Quarter of Section 24
and lying between the north line of the Fish Hook River and the north line of said Southwest
Quarter of the Southwest Quarter of Section 24, LESS and EXCEPT the following described
tract: that part of the South Half of the Southwest Quarter, Section 24, Township 140 North,
Range 35 West, Hubbard County, Minnesota, described as follows: commencing at a found
iron monument which designates the northwesterly corner of Lot 1, Block 4, AUDITOR'S
PLAT No. 2, plat of which is on file and of record in the Office of the County Recorder,
Hubbard County; thence on a bearing based on the Hubbard County Coordinate System
(NAD83, 1996 Adjustment) of South 32 degrees 45 minutes 05 seconds East, along the
southwesterly line of said Lot 1, a distance of 177.13 feet to the southwesterly corner of
said Lot 1; thence South 48 degrees 30 minutes 52 seconds West, a distance of 71.23 feet
to an iron monument on the southwesterly line of Mill Road; thence North 32 degrees 32
minutes 42 seconds West, along the southwesterly line of Mill Road, a distance of 85.20
feet to an iron monument; thence North 22 degrees 10 minutes 58 seconds West along said
southwesterly line of Mill Road, a distance of 85.84 feet to an iron monument; thence North
81 degrees 01 minutes 23 seconds West, a distance of 127.05 feet to the intersection with
the easterly right-of-way line of the Heartland State Trail (former Burlington Northern
Railroad) and an iron monument and the point of beginning of the land to be herein described;
thence continue North 81 degrees 01 minutes 23 seconds West, a distance 37.00 feet; thence
South 09 degrees 06 minutes 28 seconds West, a distance of 44.69 feet; thence South 13
degrees 37 minutes 49 seconds East, a distance of 95.72 feet to an iron monument and the
intersection with said easterly right-of-way line; thence North 09 degrees 06 minutes 28
seconds East, along said easterly right-of-way line, a distance of 133.06 feet, more or less,
to the point of beginning. Said strip of land containing 2.52 acres, more or less.
new text end
new text begin
(d) The land borders the Fish Hook River. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that the state's land
management interests would best be served if the land was conveyed to a local unit of
government.
new text end
Sec. 10. new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
HUBBARD COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Hubbard County and is described as:
new text end
new text begin
(1) a strip of land 50 feet in width extending over and across the Southwest Quarter of
the Southwest Quarter of Section 24, Township 140 North, Range 35 West of the Fifth
Principal Meridian, Hubbard County, Minnesota, said strip of land lying South of the south
line of the Fish Hook River, on the westerly side of the centerline of the main track (now
removed) of the former Wadena and Park Rapids Railway Company (now BNI), as originally
located and established over and across said Southwest Quarter of the Southwest Quarter
of Section 24; said strip of land containing 0.14 acres, more or less; and
new text end
new text begin
(2) a strip of land 50 feet in width extending over and across the Southwest Quarter of
the Southwest Quarter of Section 24, Township 140 North, Range 35 West of the Fifth
Principal Meridian, Hubbard County, Minnesota, said strip of land lying South of the south
line of the Fish Hook River, on the easterly side of the centerline of the main track (now
removed) of the former Wadena and Park Rapids Railway Company (now BNI), as originally
located and established over and across said Southwest Quarter of the Southwest Quarter
of Section 24, said strip of land containing 0.16 acres, more or less.
new text end
new text begin
(d) The land borders the Fish Hook River. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that the state's land
management interests would best be served if the land was returned to private ownership.
new text end
Sec. 11. new text begin CONVEYANCE OF SURPLUS LAND BORDERING PUBLIC WATER;
REDWOOD COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may convey the surplus land bordering public water that
is described in paragraph (c) to a federally recognized Indian Tribe for no consideration.
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Redwood County and is described as:
new text end
new text begin
(1) Government Lot 2 of Section 4, Township 112 North, Range 34 West; and
new text end
new text begin
(2) Government Lot 6 of Section 9, Township 112 North, Range 34 West, excepting
therefrom: commencing at the southwest corner of United States Government Lot 6 in said
Section 9, running thence North on a division line, between Lots 6 and 7, 1,482.5 feet;
thence East and parallel with the south line of said Lot 6 about 872 feet to the Minnesota
River; thence down the Minnesota River to a point due North of the southeast corner of said
Lot 6; thence South 500 feet to the southeast corner of said Lot 6; thence West along the
south line of said Lot 6 to the place of beginning, said exception containing 40 acres, more
or less, and being a part of said Lot 6.
new text end
new text begin
(d) The land borders the Minnesota River and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to Tribal ownership.
new text end
Sec. 12. new text begin PRIVATE SALE OF SURPLUS LAND; ROSEAU COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of
natural resources may sell by private sale the surplus land that is described in paragraph (c)
to a watershed district.
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Roseau County and is described as: All that
part of the Northeast Quarter of the Southeast Quarter of Section 23, Township 163 North,
Range 41 West of the Fifth Principal Meridian, Roseau County, Minnesota, described as
follows: Beginning at the northwest corner of the Northeast Quarter of the Southeast Quarter
of said Section 23; thence on a bearing based on the Roseau County Coordinate System
(NAD83, 1996 Adjustment) of South 89 degrees 49 minutes 33 seconds East, along the
north line of said Northeast Quarter of the Southeast Quarter, a distance of 1,319.93 feet to
the northeast corner of said Northeast Quarter of the Southeast Quarter, said northeast corner
also being a point on the northwesterly right-of-way line of the exterior ditch of the northwest
embankment of the Roseau Lake rehabilitation project; thence South 52 degrees 53 minutes
46 seconds West, along said northwesterly right-of-way line, a distance of 1,651.76 feet,
more or less, to the west line of said Northeast Quarter of the Southeast Quarter; thence
North 00 degrees 08 minutes 50 seconds West, along said west line, a distance of 1,000.46
feet to the point of beginning. Said parcel contains 15.1 acres, more or less.
new text end
new text begin
(d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land were conveyed to a watershed district.
new text end
Sec. 13. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, St. Louis County may sell by private sale the tax-forfeited lands
described in paragraph (c).
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The attorney
general may make changes to the land descriptions to correct errors and ensure accuracy.
new text end
new text begin
(c) The lands to be sold are located in St. Louis County and are described as:
new text end
new text begin
(1) the East 4.97 feet of Lot 1, Block 19, Gilbert, Township 58, Range 17, Section 23
(parcel number 060-0010-04190);
new text end
new text begin
(2) beginning at a point 170 feet West of the northeast corner of said forty; thence West
a distance of 170 feet to a point; thence South a distance of 256.5 feet to a point; thence
continuing a parallel line East a distance of 170 feet to a point; thence continuing a parallel
line North a distance of 256.5 feet to the point of beginning and being in the Northwest
Quarter of the Northeast Quarter, containing approximately 1 acre of land, Township 57,
Range 21, Section 21 (part of parcel number 141-0050-03594);
new text end
new text begin
(3) the North Half and the Northwest Quarter of the Southwest Quarter and the West
Half of the Southeast Quarter, Township 52, Range 13, Section 23 (part of parcel number
485-0010-03610);
new text end
new text begin
(4) all of Section 5, except the South Half of the Northeast Quarter and except the
Northeast Quarter of the Southwest Quarter and except the railway right-of-way, .94 acres,
Township 53, Range 15, Section 5 (part of parcel number 660-0010-00660); and
new text end
new text begin
(5) that part lying within the East Half of Lot 1 lying South of St. Louis County Road
23 described as follows: commencing at the northwest corner of Section 19, Township 65,
Range 21; thence East along the section line 661.2 feet; thence at right angles South 285
feet to the point of beginning; thence South 315 feet; thence at right angle East 250 feet;
thence at right angle North 315 feet; thence West to the point of beginning, except that part
of the Northwest Quarter of the Northwest Quarter described as follows: commencing at
the northwest corner; thence North 89 degrees 38 minutes 14 seconds East along the north
line 661.2 feet; thence South 0 degrees 21 minutes 46 seconds East 456.90 feet; thence
North 89 degrees 38 minutes 14 seconds East 19.82 feet to the easterly right-of-way of
Westley Drive and the point of beginning; thence South 3 degrees 59 minutes 44 seconds
West along said easterly right-of-way 76.03 feet; thence North 89 degrees 38 minutes 14
seconds East 207.13 feet; thence North 0 degrees 21 minutes 46 seconds West 162.42 feet;
thence North 57 degrees 40 minutes 44 seconds West 210.75 feet to the intersection of said
easterly right-of-way; thence South 19 degrees 7 minutes 59 seconds West along said easterly
right-of-way 33.23 feet; thence South 3 degrees 59 minutes 44 seconds West along said
easterly right-of-way 30.28 feet; thence North 89 degrees 38 minutes 14 seconds East 33.58
feet; thence South 31 degrees 11 minutes 36 seconds East 112.47 feet; thence South 67
degrees 3 minutes 53 seconds West 110.25 feet to said easterly right-of-way and the point
of beginning, Township 65, Range 21, Section 19 (parcel number 760-0040-00533).
new text end
new text begin
(d) The county has determined that the county's land management interests would best
be served if the land was returned to private ownership.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATERS; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and
the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell by
private sale the tax-forfeited lands bordering public waters that are described in paragraph
(c).
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The attorney
general may make changes to the land descriptions to correct errors and ensure accuracy.
new text end
new text begin
(c) The lands to be sold are located in St. Louis County and are described as:
new text end
new text begin
(1) Lot 101, Echo Point, Town of Breitung, Township 62, Range 15, Section 19 (parcel
number 270-0070-01010);
new text end
new text begin
(2) the Northeast Quarter, except the Southwest Quarter, and the Southeast Quarter,
except the Northwest Quarter, Township 54, Range 16, Section 22 (part of parcel number
305-0010-03530); and
new text end
new text begin
(3) Government Lots 6 and 7, except that part of Government Lot 6 lying North of the
quarter line of Section 32, Township 69, Range 19 (parcel number 732-0010-04150).
new text end
new text begin
(d) The county has determined that the county's land management interests would best
be served if the land was returned to private ownership.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 85.012, subdivisions 27b and 58; and 138.662,
subdivision 33,
new text end
new text begin
are repealed.
new text end
ARTICLE 5
PACKAGING WASTE AND COST REDUCTION ACT
Section 1.
new text begin
[115A.144] SHORT TITLE.
new text end
new text begin
Sections 115A.144 to 115A.1462 may be cited as the "Packaging Waste and Cost
Reduction Act."
new text end
Sec. 2.
new text begin
[115A.1441] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purposes of sections 115A.144 to 115A.1462, the terms
in this section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Advisory board. new text end
new text begin
"Advisory board" or "board" means the Producer
Responsibility Advisory Board established under section 115A.1444.
new text end
new text begin Subd. 3. new text end
new text begin Brand. new text end
new text begin
"Brand" means a name, symbol, word, or mark that identifies a product
and attributes the product and its components, including packaging, to the brand owner.
new text end
new text begin Subd. 4. new text end
new text begin Brand owner. new text end
new text begin
"Brand owner" means a person that owns or licenses a brand or
that otherwise has rights to market a product under the brand, whether or not the brand's
trademark is registered.
new text end
new text begin Subd. 5. new text end
new text begin Collection rate. new text end
new text begin
"Collection rate" means the amount of a covered material by
covered materials type collected by service providers and transported for recycling or
composting divided by the total amount of the type of a covered material by covered materials
type sold or distributed into the state by the relevant unit of measurement established in
section 115A.1451.
new text end
new text begin Subd. 6. new text end
new text begin Compostable material. new text end
new text begin
"Compostable material" means a covered material
that:
new text end
new text begin
(1) meets, and is labeled to reflect that it meets, the American Society for Testing and
Materials Standard Specification for Labeling of Plastics Designed to be Aerobically
Composted in Municipal or Industrial Facilities (D6400) or its successor;
new text end
new text begin
(2) meets, and is labeled to reflect that it meets, the American Society for Testing and
Materials Standard Specification for Labeling of End Items that Incorporate Plastics and
Polymers as Coatings or Additives with Paper and Other Substrates Designed to be
Aerobically Composted in Municipal or Industrial Facilities (D6868) or its successor;
new text end
new text begin
(3) is comprised of only wood without any coatings or additives; or
new text end
new text begin
(4) is comprised of only paper without any coatings or additives.
new text end
new text begin Subd. 7. new text end
new text begin Composting. new text end
new text begin
"Composting" means the controlled microbial degradation of
source-separated compostable materials to yield a humus-like product.
new text end
new text begin Subd. 8. new text end
new text begin Composting rate. new text end
new text begin
"Composting rate" means the amount of compostable covered
material that is managed through composting, divided by the total amount of compostable
covered material sold or distributed into the state by the relevant unit of measurement
established in section 115A.1451.
new text end
new text begin Subd. 9. new text end
new text begin Covered material. new text end
new text begin
"Covered material" means packaging and paper products
introduced into the state. Covered material does not include exempt materials.
new text end
new text begin Subd. 10. new text end
new text begin Covered materials type. new text end
new text begin
"Covered materials type" means a singular and
specific type of covered material, such as paper, plastic, metal, or glass, that can be
categorized based on distinguishing chemical or physical properties, including properties
that allow for a covered materials type to be aggregated into a commonly defined discrete
commodity category for purposes of reuse, recycling, or composting, and based on similar
uses in the form of a product or package.
new text end
new text begin Subd. 11. new text end
new text begin De minimis producer. new text end
new text begin
"De minimis producer" means a person that in the
most recent fiscal year:
new text end
new text begin
(1) introduced less than one ton of covered material into this state; or
new text end
new text begin
(2) earned global gross revenues of less than $2,000,000.
new text end
new text begin Subd. 12. new text end
new text begin Drop-off collection site. new text end
new text begin
"Drop-off collection site" means a physical location
where covered materials are accepted from the public and that is open a minimum of 12
hours weekly throughout the year.
new text end
new text begin Subd. 13. new text end
new text begin Environmental impact. new text end
new text begin
"Environmental impact" means the impact of a
covered material on human health and the environment from extraction and processing of
the raw materials composing the material through manufacturing; distribution; use; recovery
for reuse, recycling, or composting; and final disposal.
new text end
new text begin Subd. 14. new text end
new text begin Exempt materials. new text end
new text begin
"Exempt materials" means materials, or any portion of
materials, that:
new text end
new text begin
(1) are packaging for infant formula, as defined in United States Code, title 21, section
321(z);
new text end
new text begin
(2) are packaging for medical food, as defined in United States Code, title 21, section
360ee(b)(3);
new text end
new text begin
(3) are packaging for a fortified oral nutritional supplement used by persons who require
supplemental or sole source nutrition to meet nutritional needs due to special dietary needs
directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive,
as those terms are defined by the International Classification of Diseases, Tenth Revision;
new text end
new text begin
(4) are a product, including its peripheral accessories, and the packaging or packaging
components for any investigational or approved product regulated as a drug or medical
device by the United States Food and Drug Administration;
new text end
new text begin
(5) are medical equipment or products or their components, including consumable
medical equipment or products and their components, and the packaging or packaging
components for any products used in health care settings, including hospitals and clinics
that are regulated by the United States Food and Drug Administration or used for infection
prevention and dispensing of medication;
new text end
new text begin
(6) are medical equipment or products and the packaging or packaging components for
any product intended for Research Use Only as defined in the Federal Food, Drug, and
Cosmetic Act, United States Code, title 21, section 360 et seq.;
new text end
new text begin
(7) are drugs, biological products, parasiticides, medical devices, or in vitro diagnostics
used to treat, or administered to, animals and regulated by the United States Food and Drug
Administration under the Federal Food, Drug, and Cosmetic Act, United States Code, title
21, section 301 et seq., by the United States Department of Agriculture under the federal
Virus-Serum-Toxin Act, United States Code, title 21, section 151 et seq.;
new text end
new text begin
(8) are packaging for products regulated or by the United States Environmental Protection
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, United States Code,
title 7, section 136 et seq.;
new text end
new text begin
(9) are packaging used to contain liquefied petroleum gas and are designed to be refilled;
new text end
new text begin
(10) are paper products used for a print publication that primarily includes content derived
from primary sources related to news and current events;
new text end
new text begin
(11) are packaging used to contain hazardous or flammable products regulated by the
2012 federal Occupational Safety and Health Administration Hazard Communications
Standard, Code of Federal Regulations, title 29, section 1910.200, that prevents the packaging
from being waste reduced or made reusable, recyclable, or compostable, as determined by
the commissioner; or
new text end
new text begin
(12) are packaging that is being collected and properly managed through a paint
stewardship plan approved under section 115A.1415.
new text end
new text begin Subd. 15. new text end
new text begin Food packaging. new text end
new text begin
"Food packaging" has the meaning given in section 325F.075
and only includes those materials that are supplied to a residential consumer.
new text end
new text begin Subd. 16. new text end
new text begin Independent auditor. new text end
new text begin
"Independent auditor" means an independent and
actively licensed certified public accountant that is:
new text end
new text begin
(1) retained by a producer responsibility organization;
new text end
new text begin
(2) not otherwise employed by or affiliated with a producer responsibility organization;
and
new text end
new text begin
(3) qualified to conduct an audit under state law.
new text end
new text begin Subd. 17. new text end
new text begin Infrastructure investment. new text end
new text begin
"Infrastructure investment" means an investment
by a producer responsibility organization that funds or reimburses service providers for:
new text end
new text begin
(1) equipment or facilities in which covered materials are prepared for reuse, recycling,
or composting;
new text end
new text begin
(2) equipment or facilities used for waste reduction, reuse, recycling, or composting of
covered materials; or
new text end
new text begin
(3) the expansion or strengthening of demand for and use of covered materials by
responsible markets in the state or region.
new text end
new text begin Subd. 18. new text end
new text begin Introduce. new text end
new text begin
"Introduce" means to sell, offer for sale, distribute, or use to ship
a product within or into this state.
new text end
new text begin Subd. 19. new text end
new text begin Living wage. new text end
new text begin
"Living wage" means the minimum hourly wage necessary to
allow a person working 40 hours per week to afford basic needs.
new text end
new text begin Subd. 20. new text end
new text begin Needs assessment. new text end
new text begin
"Needs assessment" means an assessment conducted
according to section 115A.1450. Except where the context requires otherwise, needs
assessment means the most recently completed needs assessment.
new text end
new text begin Subd. 21. new text end
new text begin Nondisclosure agreement. new text end
new text begin
"Nondisclosure agreement" means an agreement
that requires the parties to the agreement to treat private and nonpublic data submitted to
facilitate completion of a needs assessment according to the definitions and requirements
established in section 115A.06, subdivision 13.
new text end
new text begin Subd. 22. new text end
new text begin Packaging. new text end
new text begin
"Packaging" has the meaning given in section 115A.03 and
includes food packaging and only includes those materials that are supplied to a residential
consumer. Packaging does not include exempt materials.
new text end
new text begin Subd. 23. new text end
new text begin Paper product. new text end
new text begin
"Paper product" means a product made primarily from wood
pulp or other cellulosic fibers, except that paper product does not include bound books or
products that recycling or composting facilities will not accept because of the unsafe or
unsanitary nature of the paper product.
new text end
new text begin Subd. 24. new text end
new text begin Postconsumer recycled content. new text end
new text begin
"Postconsumer recycled content" means
the portion of a product composed of postconsumer material, expressed as a percentage of
the total weight of the product.
new text end
new text begin Subd. 25. new text end
new text begin Producer. new text end
new text begin
(a) "Producer" means the following person responsible for
compliance with requirements under this act for a covered material sold, offered for sale,
or distributed in or into this state:
new text end
new text begin
(1) for items sold in or with packaging at a physical retail location in this state:
new text end
new text begin
(i) if the item is sold in or with packaging under the brand of the item manufacturer or
is sold in packaging that lacks identification of a brand, the producer is the person that
manufactures the item;
new text end
new text begin
(ii) if there is no person to which item (i) applies, the producer is the person that is
licensed to manufacture and sell or offer for sale to consumers in this state an item with
packaging under the brand or trademark of another manufacturer or person;
new text end
new text begin
(iii) if there is no person to which item (i) or (ii) applies, the producer is the brand owner
of the item;
new text end
new text begin
(iv) if there is no person described in item (i), (ii), or (iii) within the United States, the
producer is the person who is the importer of record for the item into the United States for
use in a commercial enterprise that sells, offers for sale, or distributes the item in this state;
or
new text end
new text begin
(v) if there is no person described in items (i) to (iv), the producer is the person that first
distributes the item in or into this state;
new text end
new text begin
(2) for items sold or distributed in packaging in or into this state via e-commerce, remote
sale, or distribution:
new text end
new text begin
(i) for packaging used to directly protect or contain the item, the producer of the packaging
is the same as the producer identified under clause (1); and
new text end
new text begin
(ii) for packaging used to ship the item to a consumer, the producer of the packaging is
the person that packages the item to be shipped to the consumer;
new text end
new text begin
(3) for packaging that is a covered material and is not included in clauses (1) and (2),
the producer of the packaging is the person that first distributes the item in or into this state;
new text end
new text begin
(4) for paper products that are magazines, catalogs, telephone directories, or similar
publications, the producer is the publisher;
new text end
new text begin
(5) for paper products not described in clause (4):
new text end
new text begin
(i) if the paper product is sold under the manufacturer's own brand, the producer is the
person that manufactures the paper product;
new text end
new text begin
(ii) if there is no person to which item (i) applies, the producer is the person that is the
owner or licensee of a brand or trademark under which the paper product is used in a
commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or
not the trademark is registered in this state;
new text end
new text begin
(iii) if there is no person to which item (i) or (ii) applies, the producer is the brand owner
of the paper product;
new text end
new text begin
(iv) if there is no person described in item (i), (ii), or (iii) within the United States, the
producer is the person that imports the paper product into the United States for use in a
commercial enterprise that sells, offers for sale, or distributes the paper product in this state;
or
new text end
new text begin
(v) if there is no person described in items (i) to (iv), the producer is the person that first
distributes the paper product in or into this state; and
new text end
new text begin
(6) a person is the producer of a covered material sold, offered for sale, or distributed
in or into this state, as defined in clauses (1) to (5), except:
new text end
new text begin
(i) where another person has mutually signed an agreement with a producer as defined
in clauses (1) to (5) that contractually assigns responsibility to the person as the producer,
and the person has joined a registered producer responsibility organization as the responsible
producer for that covered material under this act. In the event that another person is assigned
responsibility as the producer under this subdivision, the producer under clauses (1) to (5)
must provide written certification of that contractual agreement to the producer responsibility
organization; and
new text end
new text begin
(ii) if the producer described in clauses (1) to (5) is a business operated wholly or in part
as a franchise, the producer is the franchisor if that franchisor has franchisees that have a
commercial presence within the state.
new text end
new text begin
(b) "Producer" does not include:
new text end
new text begin
(1) government agencies, municipalities, or other political subdivisions of the state;
new text end
new text begin
(2) registered 501(c)(3) charitable organizations and 501(c)(4) social welfare
organizations;
new text end
new text begin
(3) de minimis producers;
new text end
new text begin
(4) a mill that uses any virgin wood fiber in the products it produces; or
new text end
new text begin
(5) a paper mill that produces container board derived from 100 percent postconsumer
recycled content and non-postconsumer recycled content.
new text end
new text begin Subd. 26. new text end
new text begin Producer responsibility organization. new text end
new text begin
"Producer responsibility organization"
means a nonprofit corporation that is tax exempt under chapter 501(c)(3) of the federal
Internal Revenue Code and that is created by a group of producers to implement activities
under this act.
new text end
new text begin Subd. 27. new text end
new text begin Recycling. new text end
new text begin
"Recycling" has the meaning given in section 115A.03 except that
recycling does not include reuse or composting, as defined in this act.
new text end
new text begin Subd. 28. new text end
new text begin Recycling rate. new text end
new text begin
"Recycling rate" means the amount of covered material, in
aggregate or by individual covered materials type, recycled in a calendar year divided by
the total amount of covered materials sold or distributed into the state by the relevant unit
of measurement established in section 115A.1451.
new text end
new text begin Subd. 29. new text end
new text begin Refill. new text end
new text begin
"Refill" means the continued use of a covered material by a consumer
through a system that is:
new text end
new text begin
(1) intentionally designed and marketed for repeated filling of a covered material to
reduce demand for new production of the covered material;
new text end
new text begin
(2) supported by adequate logistics and infrastructure to provide convenient access for
consumers; and
new text end
new text begin
(3) compliant with all applicable state and local statute, rule, ordinance, or other law
governing health and safety.
new text end
new text begin Subd. 30. new text end
new text begin Responsible market. new text end
new text begin
"Responsible market" means a materials market that:
new text end
new text begin
(1) reuses, recycles, composts, or otherwise recovers materials and disposes of
contaminants in a manner that protects the environment and minimizes risks to public health
and worker health and safety;
new text end
new text begin
(2) complies with all applicable federal, state, and local statutes, rules, ordinances, or
other laws governing environmental, health, safety, and financial responsibility;
new text end
new text begin
(3) possesses all requisite licenses and permits required by government agencies;
new text end
new text begin
(4) if the market operates in the state, manages waste according to the waste management
goal and priority order of waste management practices stated in section 115A.02; and
new text end
new text begin
(5) minimizes adverse impacts to environmental justice areas.
new text end
new text begin Subd. 31. new text end
new text begin Return rate. new text end
new text begin
"Return rate" means the amount of reusable covered material in
aggregate or by individual covered materials type, collected for reuse by the producer or
service provider in a calendar year, divided by the total amount of reusable covered materials
sold or distributed into the state by the relevant unit of measurement established in section
115A.1451.
new text end
new text begin Subd. 32. new text end
new text begin Reusable. new text end
new text begin
"Reusable" means capable of reuse.
new text end
new text begin Subd. 33. new text end
new text begin Reuse. new text end
new text begin
"Reuse" means the return of a covered material to the marketplace and
the continued use of the covered material by a producer or service provider when the covered
material is:
new text end
new text begin
(1) intentionally designed and marketed to be used multiple times for its original intended
purpose without a change in form;
new text end
new text begin
(2) designed for durability and maintenance to extend its useful life and reduce demand
for new production of the covered material;
new text end
new text begin
(3) supported by adequate logistics and infrastructure at a retail location, by a service
provider, or on behalf of or by a producer, that provides convenient access for consumers;
and
new text end
new text begin
(4) compliant with all applicable state and local statutes, rules, ordinances, or other laws
governing health and safety.
new text end
new text begin Subd. 34. new text end
new text begin Reuse rate. new text end
new text begin
"Reuse rate" means the share of units of a covered material sold
or distributed into the state in a calendar year that are deemed reusable by the commissioner
according to section 115A.1451.
new text end
new text begin Subd. 35. new text end
new text begin Service provider. new text end
new text begin
"Service provider" means an entity that collects, transfers,
sorts, processes, recovers, or otherwise prepares covered materials for reuse, recycling, or
composting. A political subdivision that provides or that contracts or otherwise arranges
with another party to provide reuse, collection, recycling, or composting services for covered
materials within its jurisdiction may be a service provider regardless of whether it provided,
contracted for, or otherwise arranged for similar services before the approval of the applicable
stewardship plan.
new text end
new text begin Subd. 36. new text end
new text begin Third-party certification. new text end
new text begin
"Third-party certification" means certification by
an accredited independent organization that a standard or process required by this act, or a
stewardship plan approved under this act, has been achieved.
new text end
new text begin Subd. 37. new text end
new text begin This act. new text end
new text begin
"This act" means sections 115A.144 to 115A.1462.
new text end
new text begin Subd. 38. new text end
new text begin Toxic substance. new text end
new text begin
"Toxic substance" means hazardous waste, a problem
material, a chemical or chemical class regulated under section 115A.965, 116.943, 325F.075,
or 325F.172 to 325F.179, or a chemical of high concern identified under section 116.9402.
new text end
new text begin Subd. 39. new text end
new text begin Waste reduction or source reduction. new text end
new text begin
"Waste reduction" or "source reduction"
has the meaning given in section 115A.03, except that waste reduction or source reduction
does not include reuse, but does include refill, as defined in this act.
new text end
Sec. 3.
new text begin
[115A.1442] ESTABLISHMENT OF PROGRAM.
new text end
new text begin
Producers must implement and finance a statewide program for packaging and paper
products in accordance with this act that encourages packaging redesign to reduce the
environmental impacts and human health impacts and that reduces generation of covered
materials waste through waste reduction, reuse, recycling, and composting and by providing
for negotiation and execution of agreements to collect, transport, and process used covered
materials for reuse, recycling, and composting.
new text end
Sec. 4.
new text begin
[115A.1443] REGISTRATION OF PRODUCER RESPONSIBILITY
ORGANIZATIONS AND SERVICE PROVIDERS.
new text end
new text begin Subdivision 1. new text end
new text begin Annual registration. new text end
new text begin
(a) By July 1, 2025, and each January 1 thereafter,
producers must appoint a producer responsibility organization. The producer responsibility
organization must register with the commissioner by July 1, 2026, and each January 1
thereafter by submitting the following:
new text end
new text begin
(1) contact information for a person responsible for implementing an approved
stewardship plan;
new text end
new text begin
(2) a list of all member producers that will operate under the stewardship plan
administered by the producer responsibility organization and, for each producer, a list of
all brands of the producer's covered materials introduced;
new text end
new text begin
(3) copies of written agreements with each producer stating that each producer agrees
to operate under an approved stewardship plan administered by the producer responsibility
organization;
new text end
new text begin
(4) a list of current board members and the executive director if different than the person
responsible for implementing approved stewardship plans; and
new text end
new text begin
(5) documentation demonstrating adequate financial responsibility and financial controls
to ensure proper management of funds and payment of the annual fee required under
subdivision 2.
new text end
new text begin
(b) Following the approval of the initial producer responsibility organization and the
initial stewardship plan, if more than a single producer responsibility organization is
established, the producers and producer responsibility organizations must establish a
coordinating body and process to prevent redundancy. The stewardship plans of all producer
responsibility organizations must be integrated into a single stewardship plan that covers
all requirements of this act and encompasses all producers when submitted to the
commissioner for approval. The annual reports of all producer responsibility organizations
must be integrated into a single annual report that covers all requirements of this act and
encompasses all producers when submitted to the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Registration fee. new text end
new text begin
(a) As part of its annual registration with the commissioner,
a producer responsibility organization must submit to the commissioner an annual fee for
the following year, as determined by the commissioner. Beginning October 1, 2026, and
annually thereafter, the commissioner must notify registered producer responsibility
organizations in writing of the amount of the fee for the following year. If there is more
than one registered producer responsibility organization, the coordinating body described
in subdivision 1, paragraph (b), must equitably apportion payment of the annual fee between
all registered producer responsibility organizations. The annual fee must be set at an amount
anticipated to in the aggregate meet but not exceed the commissioner's estimate of the costs
required to perform the commissioner's duties as described in section 115A.1445 and to
otherwise administer, implement, and enforce this act.
new text end
new text begin
(b) The commissioner must reconcile the fees paid by a producer responsibility
organization under this subdivision with the actual costs incurred by the agency on an annual
basis, by means of credits or refunds to or additional payments required of a producer
responsibility organization, as applicable.
new text end
new text begin Subd. 3. new text end
new text begin
Initial producer responsibility organization registration; implementation
fee.
new text end
new text begin
(a) By January 1, 2025, producers must appoint a producer responsibility organization.
The producer responsibility organization must register with the commissioner by submitting
the following:
new text end
new text begin
(1) contact information for a person responsible for implementing an approved
stewardship plan;
new text end
new text begin
(2) a list of current member producers and their written agreements confirming producers
will operate under an approved stewardship plan administered by the producer responsibility
organization;
new text end
new text begin
(3) a plan for recruiting additional member producers and executing written agreements
confirming producers will operate under an approved stewardship plan administered by the
producer responsibility organization;
new text end
new text begin
(4) a list of current board members and the executive director if different than the person
responsible for implementing approved stewardship plans; and
new text end
new text begin
(5) documentation demonstrating adequate financial responsibility and financial controls
to ensure proper management of funds and payment of the annual fee required under
subdivision 2.
new text end
new text begin
(b) Notwithstanding the other provisions of this section, the commissioner may not allow
registration of more than one producer responsibility organization under this section before
the first stewardship plan approved by the commissioner expires. If more than one producer
responsibility organization applies to register under this section before the first stewardship
plan is approved by the commissioner, the commissioner must select the producer
responsibility organization that will represent producers until the first stewardship plan
expires and must return the registration fee paid by applicants who are not selected. When
selecting a producer responsibility organization, the commissioner must consider whether
the producer responsibility organization:
new text end
new text begin
(1) has a governing board consisting of producers that represent a diversity of covered
materials introduced; and
new text end
new text begin
(2) demonstrates adequate financial responsibility and financial controls to ensure proper
management of funds.
new text end
new text begin
(c) By January 1, 2025, and annually until the first stewardship plan is approved, the
commissioner must provide written notice to the initial producer responsibility organization
appointed by producers of the commissioner's estimate of the cost of conducting the
preliminary needs assessment, initial needs assessment, and the commissioner's costs to
administer this act during the period prior to plan approval. The producer responsibility
organization must remit payment in full for these costs to the commissioner within 45 days
of receipt of this notice. The producer responsibility organization may charge each member
producer to cover the cost of its implementation fee according to each producer's unit-,
weight-, volume-, or sales-based market share or by another method it determines to be an
equitable determination of each producer's payment obligation.
new text end
new text begin Subd. 4. new text end
new text begin Requirement for additional producer responsibility organizations. new text end
new text begin
After
the first stewardship plan approved by the commissioner expires, the commissioner may
allow registration of more than one producer responsibility organization if:
new text end
new text begin
(1) producers of a covered materials type or a specific covered material appoint a producer
responsibility organization; or
new text end
new text begin
(2) producers organize under additional producer responsibility organizations that meet
the criteria established in subdivision 3, paragraph (a).
new text end
new text begin Subd. 5. new text end
new text begin Registration of service providers. new text end
new text begin
(a) By January 1, 2027, and annually
thereafter, a service provider seeking reimbursement for services provided under an approved
stewardship plan according to section 115A.1451 must register with the commissioner by
submitting the following information:
new text end
new text begin
(1) contact information for a person representing the service provider; and
new text end
new text begin
(2) address of the service provider.
new text end
new text begin
(b) A service provider may register at any time.
new text end
Sec. 5.
new text begin
[115A.1444] ESTABLISHMENT OF PRODUCER RESPONSIBILITY
ADVISORY BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Producer Responsibility Advisory Board is established
to review all activities conducted by producer responsibility organizations under this act
and to advise the commissioner and producer responsibility organizations regarding the
implementation of this act.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The membership of the advisory board consists of persons
appointed by the commissioner by January 1, 2025, as follows:
new text end
new text begin
(1) two members representing manufacturers of covered materials or a statewide or
national trade association representing those manufacturers;
new text end
new text begin
(2) two members representing recycling facilities that manage covered materials;
new text end
new text begin
(3) one member representing a waste hauler or a statewide association representing waste
haulers;
new text end
new text begin
(4) one member representing retailers of covered materials or a statewide trade association
representing those retailers;
new text end
new text begin
(5) one member representing a statewide nonprofit environmental organization;
new text end
new text begin
(6) one member representing a community-based nonprofit environmental justice
organization;
new text end
new text begin
(7) one member representing a waste facility that receives and sorts covered materials
and transfers them to another facility for reuse, recycling, or composting;
new text end
new text begin
(8) one member representing a waste facility that receives compostable materials for
composting or a statewide trade association that represents such facilities;
new text end
new text begin
(9) two members representing an entity that develops or offers for sale covered materials
that are designed for reuse and maintained through a reuse system or infrastructure or a
statewide or national trade association that represents such entities;
new text end
new text begin
(10) three members representing organizations of political subdivisions, with at least
one member representing a political subdivision outside the metropolitan area;
new text end
new text begin
(11) two members representing other stakeholders or additional members of interests
represented under clauses (1) to (10) as determined by the commissioner; and
new text end
new text begin
(12) one member representing the commissioner.
new text end
new text begin
(b) In making appointments under paragraph (a), the commissioner:
new text end
new text begin
(1) may not appoint members who are state legislators or registered lobbyists;
new text end
new text begin
(2) may not appoint members who are employees of a producer required to be members
of a producer responsibility organization in this state under this act; and
new text end
new text begin
(3) must endeavor to appoint members from all regions of the state.
new text end
new text begin Subd. 3. new text end
new text begin Terms; removal. new text end
new text begin
A member of the advisory board appointed under subdivision
2, paragraph (a), clause (12), serves at the pleasure of the commissioner. All other members
serve for a term of four years, except that the initial term for nine of the initial appointees
must be two years so that membership terms are staggered. Members may be reappointed
but may not serve more than eight consecutive years. Removing members and filling of
vacancies is governed by section 15.059, subdivision 4. Except as otherwise provided,
chapter 15 does not apply to the board.
new text end
new text begin Subd. 4. new text end
new text begin Compensation. new text end
new text begin
Members of the board must be compensated according to
section 15.059, subdivision 3.
new text end
new text begin Subd. 5. new text end
new text begin Quorum. new text end
new text begin
A majority of the voting board members constitutes a quorum. If
there is a vacancy in the membership of the board, a majority of the remaining voting
members of the board constitutes a quorum.
new text end
new text begin Subd. 6. new text end
new text begin Voting. new text end
new text begin
Action by the advisory board requires a quorum and a majority of those
present and voting. All members of the advisory board, except the member appointed under
subdivision 2, paragraph (a), clause (12), are voting members of the board.
new text end
new text begin Subd. 7. new text end
new text begin Meetings. new text end
new text begin
The advisory board must meet at least two times per year and may
meet more frequently upon ten days' written notice at the request of the chair or a majority
of its members.
new text end
new text begin Subd. 8. new text end
new text begin Open meetings. new text end
new text begin
Meetings of the board must comply with chapter 13D.
new text end
new text begin Subd. 9. new text end
new text begin Chair. new text end
new text begin
At its initial meeting, and every two years thereafter, the advisory board
must elect a chair and vice-chair from among its members.
new text end
new text begin Subd. 10. new text end
new text begin Administrative and operating support. new text end
new text begin
The commissioner must provide
administrative and operating support to the advisory board and may contract with a third-party
facilitator to assist in administering the activities of the advisory board, including establishing
a website or landing page on the agency website.
new text end
new text begin Subd. 11. new text end
new text begin Conflict of interest policies. new text end
new text begin
The commissioner must assist the advisory board
in developing policies and procedures governing the disclosure of actual or perceived
conflicts of interest that advisory board members may have as a result of their employment
or financial holdings of themselves or of family members. Each advisory board member is
responsible for reviewing the conflict of interest policies and procedures. An advisory board
member must disclose any instance of actual or perceived conflicts of interest at each meeting
of the advisory board at which recommendations regarding stewardship plans, programs,
operations, or activities are made by the advisory board.
new text end
Sec. 6.
new text begin
[115A.1445] COMMISSIONER RESPONSIBILITIES.
new text end
new text begin
The commissioner must:
new text end
new text begin
(1) appoint the initial membership of the advisory board by January 1, 2025, according
to section 115A.1444;
new text end
new text begin
(2) provide administrative and operating support to the advisory board, as required by
section 115A.1444, subdivision 10;
new text end
new text begin
(3) complete a preliminary needs assessment by December 31, 2025, an initial needs
assessment by December 31, 2026, and update the needs assessment every five years
thereafter, according to section 115A.1450;
new text end
new text begin
(4) approve stewardship plans and amendments to stewardship plans according to section
115A.1451;
new text end
new text begin
(5) provide lists established according to the requirements of section 115A.1453 to all
producer responsibility organizations by March 1, 2027;
new text end
new text begin
(6) establish or approve requirements according to section 115A.1451, subdivision 7;
new text end
new text begin
(7) post on the agency's website:
new text end
new text begin
(i) the most recent registration materials submitted by producer responsibility
organizations, including all information submitted under section 115A.1443, subdivision
1;
new text end
new text begin
(ii) a list of registered service providers;
new text end
new text begin
(iii) the most recent needs assessments;
new text end
new text begin
(iv) any stewardship plan or amendment submitted by a producer responsibility
organization under section 115A.1451 that is in draft form during the public comment
period;
new text end
new text begin
(v) the most recent lists established according to section 115A.1453;
new text end
new text begin
(vi) the list of exempt materials and covered materials exempt from performance targets
and statewide requirements as approved in the stewardship plan;
new text end
new text begin
(vii) links to producer responsibility organization websites;
new text end
new text begin
(viii) comments of the public, advisory board, and producer responsibility organizations
on the documents listed in items (iii), (iv), (v), and (ix), and the responses of the
commissioner to those comments; and
new text end
new text begin
(ix) links to adopted rules implementing this act;
new text end
new text begin
(8) provide producer responsibility organizations with information regarding Minnesota
and federal laws that prohibit toxic substances in covered materials;
new text end
new text begin
(9) require each producer responsibility organization to secure an independent auditor
to perform an annual financial audit of program operations and approve the selection of
each auditor; and
new text end
new text begin
(10) consider and respond in writing to all written comments received from the advisory
board.
new text end
Sec. 7.
new text begin
[115A.1446] PRODUCER RESPONSIBILITY ADVISORY BOARD
RESPONSIBILITIES.
new text end
new text begin
The Producer Responsibility Advisory Board must:
new text end
new text begin
(1) convene its initial meeting by March 1, 2025;
new text end
new text begin
(2) consult with the commissioner regarding the scope of the needs assessments and to
provide written comments on needs assessments, according to section 115A.1450, subdivision
2;
new text end
new text begin
(3) advise on the development of stewardship plans and amendments to stewardship
plans under section 115A.1451;
new text end
new text begin
(4) submit comments to producer responsibility organizations and to the commissioner
on any matter relevant to the administration of this act; and
new text end
new text begin
(5) provide written comments to the commissioner during any rulemaking process
undertaken by the commissioner under section 115A.1459.
new text end
Sec. 8.
new text begin
[115A.1447] PRODUCER RESPONSIBILITY ORGANIZATION
RESPONSIBILITIES.
new text end
new text begin
A producer responsibility organization must:
new text end
new text begin
(1) annually register with the commissioner, according to section 115A.1443;
new text end
new text begin
(2) submit a stewardship plan to the commissioner by March 1, 2027, and every five
years thereafter, according to section 115A.1451;
new text end
new text begin
(3) implement stewardship plans approved by the commissioner under section 115A.1451
and to comply with the requirements of this act;
new text end
new text begin
(4) forward upon receipt from the commissioner the lists established according to section
115A.1453 to all service providers that participate in a stewardship plan administered by
the producer responsibility organization;
new text end
new text begin
(5) collect producer fees according to section 115A.1454;
new text end
new text begin
(6) submit the reports required by section 115A.1456;
new text end
new text begin
(7) ensure that producers operating under a stewardship plan administered by the producer
responsibility organization comply with the requirements of the stewardship plan and with
this act;
new text end
new text begin
(8) expel a producer from the producer responsibility organization if efforts to return
the producer to compliance with the plan or with the requirements of this act are unsuccessful.
The producer responsibility organization must notify the commissioner when a producer
has been expelled under this clause;
new text end
new text begin
(9) consider and respond in writing to comments received from the advisory board,
including justifications for not incorporating any recommendations;
new text end
new text begin
(10) provide producers with information regarding state and federal laws that prohibit
substances in covered materials, including sections 115A.965, 116.943, 325F.075, 325F.172
to 325F.179, and all laws prohibiting toxic substances in covered materials;
new text end
new text begin
(11) maintain a website according to section 115A.1457;
new text end
new text begin
(12) notify the commissioner within 30 days if a change is made to the contact information
for a person responsible for implementing the stewardship plan, a change to the board
members, or a change to the executive director;
new text end
new text begin
(13) assist service providers in identifying and using responsible markets;
new text end
new text begin
(14) reimburse service providers in a timely manner and according to reimbursement
rates approved in a stewardship plan as established according to section 115A.1451; and
new text end
new text begin
(15) comply with all other applicable requirements of this act.
new text end
Sec. 9.
new text begin
[115A.1448] PRODUCER RESPONSIBILITIES.
new text end
new text begin Subdivision 1. new text end
new text begin Registration required; prohibition of sale. new text end
new text begin
(a) After January 1, 2025,
a producer must be a member of a producer responsibility organization registered in this
state.
new text end
new text begin
(b) After January 1, 2029, no producer may introduce covered materials, either separately
or when used to package another product, unless the producer operates under a written
agreement with a producer responsibility organization to operate under an approved
stewardship plan.
new text end
new text begin
(c) After January 1, 2032, no producer may introduce covered materials unless the
covered materials are:
new text end
new text begin
(1) reusable and capable of being managed through a reuse system that meets the reuse
rate and return rate required under section 115A.1451, subdivision 7;
new text end
new text begin
(2) capable of refill and supported by a refill system;
new text end
new text begin
(3) included on the list established under section 115A.1453, subdivision 1; or
new text end
new text begin
(4) included on the list established under section 115A.1453, subdivision 2.
new text end
new text begin
(d) A producer responsibility organization may petition the commissioner for a two-year
extension to comply with the requirements of paragraph (c). The commissioner may approve
the extension if the petition demonstrates that the market or technical issues prevent a
covered material from being considered reusable or included in the lists established under
section 115A.1453. The producer responsibility organization may petition the commissioner
for additional extensions in annual increments until January 1, 2040, if the producer
responsibility organization demonstrates that market or technical issues persist.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
A producer must:
new text end
new text begin
(1) implement the requirements of the stewardship plan under which the producer
operates;
new text end
new text begin
(2) pay producer fees according to section 115A.1454; and
new text end
new text begin
(3) comply with all other applicable requirements of this act.
new text end
Sec. 10.
new text begin
[115A.1449] SERVICE PROVIDER RESPONSIBILITIES.
new text end
new text begin
A service provider receiving reimbursement or funding under an approved stewardship
plan must:
new text end
new text begin
(1) ensure the collection, transportation, and management of covered materials generated
in the state pursuant to the lists established under section 115A.1453 or covered materials
that are capable of refill or reuse;
new text end
new text begin
(2) register with the commissioner and submit invoices to the producer responsibility
organization for reimbursement for services rendered;
new text end
new text begin
(3) meet performance standards established in an approved stewardship plan under
section 115A.1451;
new text end
new text begin
(2) ensure that covered materials are sent to responsible markets;
new text end
new text begin
(3) provide documentation to the producer responsibility organization on the amounts,
covered materials types, and volumes of covered materials collected, transported, and
managed for recycling, composting, or reuse; and
new text end
new text begin
(6) comply with all other applicable requirements of this act.
new text end
Sec. 11.
new text begin
[115A.1450] NEEDS ASSESSMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Needs assessments required. new text end
new text begin
(a) By December 31, 2025, and every five
years thereafter, the commissioner must complete a preliminary needs assessment according
to this section.
new text end
new text begin
(b) By December 31, 2026, and every five years thereafter, the commissioner must
complete a statewide needs assessment according to this section. The commissioner may
adjust what is required to be included in a specific needs assessment to inform the next
stewardship plan.
new text end
new text begin Subd. 2. new text end
new text begin Input from interested parties. new text end
new text begin
In conducting a needs assessment, the
commissioner must:
new text end
new text begin
(1) initiate a consultation process to obtain recommendations from the advisory board,
political subdivisions, service providers, producer responsibility organizations, and other
interested parties regarding the type and scope of information that should be collected and
analyzed in the statewide needs assessment required by this section;
new text end
new text begin
(2) contract with a third party who is not a producer or a producer responsibility
organization to conduct the needs assessment; and
new text end
new text begin
(3) prior to finalizing the needs assessment, make the draft needs assessment available
for comment by the advisory board, producer responsibility organizations, and the public.
The commissioner must respond in writing to the comments and recommendations of the
advisory board and producer responsibility organizations.
new text end
new text begin Subd. 3. new text end
new text begin Content of preliminary needs assessment. new text end
new text begin
A preliminary needs assessment
must be completed for a preceding period of no less than 12 months and no more than 36
months, that includes:
new text end
new text begin
(1) tons of collected covered materials;
new text end
new text begin
(2) recycling and composting program characteristics, including a description of
single-stream and dual-stream recycling systems used in the state and prevalence of use,
average frequency of collection of covered materials for recycling and composting, types
of collection containers used, and commonly accepted materials for recycling and
composting;
new text end
new text begin
(3) total number and types of single-family and multifamily households and residential
properties receiving recycling and composting collection services;
new text end
new text begin
(4) processing capacity at recycling facilities, including total tons processed and number
of bales created, the range of material composition and bales produced, and current
technologies utilized;
new text end
new text begin
(5) size and number of depot, container, or drop-off locations;
new text end
new text begin
(6) size and number of transfer stations and transfer locations;
new text end
new text begin
(7) average term length of residential recycling and composting collection contracts
issued by political subdivisions and an assessment of contract cost structures;
new text end
new text begin
(8) average recycling facility processing fees charged to collectors delivering covered
materials for recycling;
new text end
new text begin
(9) available markets in the state for covered materials and the capacity of those markets;
and
new text end
new text begin
(10) covered materials sales by volume, weight, and material types introduced by
producers.
new text end
new text begin Subd. 4. new text end
new text begin Content of needs assessment. new text end
new text begin
A needs assessment must include at least the
following:
new text end
new text begin
(1) an evaluation of the performance of:
new text end
new text begin
(i) existing waste reduction, reuse, recycling, and composting efforts for each covered
materials type, as applicable, including collection rates, recycling rates, composting rates,
reuse rates, and return rates for each covered materials type;
new text end
new text begin
(ii) overall recycling rate, composting rate, reuse rate, and return rate for all covered
materials; and
new text end
new text begin
(iii) the extent to which postconsumer recycled content, by the best estimate, is or could
be incorporated into each covered materials type, as applicable;
new text end
new text begin
(2) an evaluation of a representative sample of management of covered materials with
mixed municipal solid waste, as source-separated recyclable materials, and as
source-separated compostable materials as received by waste management, recycling, and
composting facilities in the state, and relevant findings from any publicly available waste
stream evaluations conducted within the previous year, to evaluate the amount and portion
of covered materials being disposed of that would otherwise be recyclable or compostable;
new text end
new text begin
(3) proposals for a range of outcomes for each covered materials type to be accomplished
within a five-year time frame in multiple units of measurement, including but not limited
to unit-based, weight-based, and volume-based, for each of the following:
new text end
new text begin
(i) waste reduction;
new text end
new text begin
(ii) reuse rate and return rates;
new text end
new text begin
(iii) recycling rates;
new text end
new text begin
(iv) composting rates; and
new text end
new text begin
(v) postconsumer recycled content, if applicable;
new text end
new text begin
(4) proposals for a range of outcomes for the categories established in section 115A.1451,
subdivision 7, that consider:
new text end
new text begin
(i) information contained in or used to prepare a needs assessment according to this
subdivision;
new text end
new text begin
(ii) goals and requirements of the Waste Management Act under this chapter;
new text end
new text begin
(iii) statewide goals for greenhouse gas emission reductions under section 216H.02;
new text end
new text begin
(iv) need for continuous progress toward generating less waste from covered materials
and the complete reuse, recycling, or composting of the covered materials that are generated,
in doing so reducing impacts to human health and the environment;
new text end
new text begin
(v) a preference for statewide requirements that accomplish and further the goals and
requirements in clauses (2) to (4) as soon as practicable and to the maximum extent
achievable; and
new text end
new text begin
(vi) information from packaging and paper producer responsibility programs operating
in other jurisdictions;
new text end
new text begin
(5) an evaluation of the following factors for each covered material collected for recycling
or composting:
new text end
new text begin
(i) availability of recycling and composting collection services;
new text end
new text begin
(ii) recycling and composting processing infrastructure;
new text end
new text begin
(iii) capacity and technology for sorting covered materials;
new text end
new text begin
(iv) availability of responsible end markets;
new text end
new text begin
(v) presence and amount of processing residuals, contamination, and toxic substances;
new text end
new text begin
(vi) quantity of material estimated to be available and recoverable;
new text end
new text begin
(vii) projected future conditions for items (i) to (vi); and
new text end
new text begin
(viii) other criteria or factors determined by the commissioner;
new text end
new text begin
(6) recommended collection methods by covered materials type to maximize collection
efficiency, feedstock quality, level of service, and convenience for collection of covered
materials included on lists established in section 115A.1453;
new text end
new text begin
(7) proposed plans and metrics for how to measure progress in achieving performance
targets and statewide requirements;
new text end
new text begin
(8) an evaluation of options for third-party certification of activities to meet obligations
of this act;
new text end
new text begin
(9) an inventory of the current system including:
new text end
new text begin
(i) infrastructure, capacity, performance, funding level, and method and sources of
financing for the existing waste reduction, reuse, collection, transportation, processing,
recycling, and composting systems for covered materials operating in the state;
new text end
new text begin
(ii) an estimate of total annual collection and processing service costs based on registered
service provider costs; and
new text end
new text begin
(iii) availability and cost of waste reduction, reuse, recycling, and composting services
for covered materials at single-family residences, at multifamily residences, and in public
places where political subdivisions arrange for collection of recyclable or compostable
materials, including identification of disparities in the availability of these services in
environmental justice areas compared with other areas and proposals for reducing or
eliminating those disparities;
new text end
new text begin
(10) an evaluation of investments needed to increase waste reduction, reuse, recycling,
and composting rates of covered materials according to the range of proposed performance
targets and statewide requirements including investments that would:
new text end
new text begin
(i) maintain or improve operations of existing infrastructure and accounts for waste
reduction, reuse, recycling, and composting of covered materials;
new text end
new text begin
(ii) expand the availability and accessibility of recycling collection services for recyclable
covered materials to all residents of the state at a comparable level of convenience as
collection services for mixed municipal solid waste; and
new text end
new text begin
(iii) establish and expand the availability and accessibility of reuse services for reusable
covered materials;
new text end
new text begin
(11) a recommended methodology for applying criteria and formulas to establish
reimbursement rates as described in section 115A.1455;
new text end
new text begin
(12) an assessment of the viability and robustness of markets for recyclable covered
materials and the degree to which these markets can be considered responsible markets;
new text end
new text begin
(13) an assessment of the level and causes of contamination of source-separated recyclable
materials, source-separated compostable materials and collected reusables, and the impacts
of contamination on service providers, including the cost to manage this contamination;
new text end
new text begin
(14) an assessment of what toxic substances might be intentionally added to covered
materials and best practices to eliminate or mitigate their use or presence in covered materials;
new text end
new text begin
(15) an assessment of current best practices to increase public awareness, educate, and
complete outreach activities accounting for culturally responsive materials and methods
and an evaluation of the efficacy of these efforts including assessments and evaluations of
current best practices and efforts on:
new text end
new text begin
(i) using product labels as a means of informing consumers about environmentally sound
use and management of covered materials;
new text end
new text begin
(ii) increasing public awareness of how to use and manage covered materials in an
environmentally sound manner and how to access waste reduction, reuse, recycling, and
composting services; and
new text end
new text begin
(iii) encouraging behavior change to increase participation in waste reduction, reuse,
recycling, and composting programs;
new text end
new text begin
(16) identification of the covered materials with the most significant environmental
impact, including assessing each covered material's generation of hazardous waste, generation
of greenhouse gases, environmental justice impacts, public health impacts, and other impacts;
and
new text end
new text begin
(17) other items identified by the commissioner that would aid the creation of the
stewardship plan, its administration, and the enforcement of this act.
new text end
new text begin Subd. 5. new text end
new text begin Needs assessment as baseline. new text end
new text begin
When determining the extent to which any
statewide requirement or performance target under this act has been achieved, information
contained in a needs assessment must serve as the baseline for that determination, when
applicable.
new text end
new text begin Subd. 6. new text end
new text begin Participation required. new text end
new text begin
(a) A service provider or other person with data or
information necessary to complete a needs assessment must provide the data or information
to the commissioner upon request. A service provider or other person who does not want
to be identified with information submitted to the commissioner under this subdivision may
request to proceed under a nondisclosure agreement. A nondisclosure agreement is limited
to the items under section 115A.06, subdivision 13. Once a request is made, the requestor,
the commissioner, and all third parties participating in the completion of the needs assessment
in whatever capacity must enter into a nondisclosure agreement. Once these parties have
entered into a nondisclosure agreement, the requestor must submit the necessary data or
information to the contractor selected by the commissioner according to subdivision 2, who
must aggregate and anonymize the data or information, excluding location data necessary
to assess needs, received from all parties proceeding under a nondisclosure agreement under
this subdivision and must then submit the aggregated anonymized information to the
commissioner or to the party or parties contracted to complete the needs assessment, including
assessing each covered material's generation of hazardous waste, generation of greenhouse
gases, environmental justice impacts, public health impacts, and other impacts.
new text end
new text begin
(b) The commissioner, any employee of the agency, or any agent thereof, when authorized
by the commissioner, may enter upon any property, public or private, for the purpose of
obtaining information necessary for completing the evaluation in subdivision 4, clause (2).
new text end
Sec. 12.
new text begin
[115A.1451] STEWARDSHIP PLAN.
new text end
new text begin Subdivision 1. new text end
new text begin Stewardship plan required. new text end
new text begin
By March 1, 2027, and every five years
thereafter, a producer responsibility organization must submit a stewardship plan to the
commissioner that describes the proposed operation by the organization of programs to
fulfill the requirements of this act and that incorporates the findings and results of needs
assessments. Once approved, a stewardship plan remains in effect for five years, as amended,
or until a subsequent stewardship plan is approved.
new text end
new text begin Subd. 2. new text end
new text begin Advisory board review of draft plan and amendments. new text end
new text begin
A producer
responsibility organization must submit a draft stewardship plan or draft amendment to the
advisory board at least 60 days prior to submitting the draft plan or draft amendment to the
commissioner to allow the advisory board to submit comments and must address advisory
board comments and recommendations prior to submission of the draft plan or draft
amendment to the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Content of stewardship plans. new text end
new text begin
A proposed stewardship plan must include at
least the following:
new text end
new text begin
(1) performance targets as applicable to each covered materials type to be accomplished
within a five-year period, established in subdivision 5, paragraph (a);
new text end
new text begin
(2) a description of the anticipated method of collection, how reimbursements will
support a level of convenience for collection, service convenience metrics, processing
infrastructure and management methods to be used for each covered materials type, and
how these will meet the statewide requirements established in subdivision 7 for covered
materials:
new text end
new text begin
(i) included on the list established in section 115A.1453, subdivision 1;
new text end
new text begin
(ii) included on the list established in section 115A.1453, subdivision 2;
new text end
new text begin
(iii) that are reusable covered materials managed through a reuse system; and
new text end
new text begin
(iv) that are capable of refill and managed through a system of waste reduction;
new text end
new text begin
(3) proposals for exemptions from performance targets and statewide requirements for
covered materials that cannot be waste reduced or made reusable, recyclable, or compostable
due to federal or state health and safety requirements, identifying the specific federal or
state requirements and their impact on the covered materials;
new text end
new text begin
(4) a plan for how the producer responsibility organization will measure recycling, waste
reduction, reuse, composting, and inclusion of postconsumer recycled content, according
to subdivision 6 and by covered materials type as applicable;
new text end
new text begin
(5) third-party certifications as required by the commissioner or voluntarily undertaken;
new text end
new text begin
(6) a budget identifying funding needs for each of the five calendar years covered by
the plan, producer fees, a description of the process used to calculate the fees, and an
explanation of how the fees meet the requirements of section 115A.1454;
new text end
new text begin
(7) set goals for infrastructure investments, including a description of how the process
to offer and select opportunities will be conducted in an open, competitive, and fair manner;
how it will address gaps in the system not met by service providers; and potential financial
and legal instruments to be used;
new text end
new text begin
(8) an explanation of how the program will be paid for by the producer responsibility
organization through fees from producers, without any new or additional consumer-facing
fee to members of the public, businesses, service providers, the state or any political
subdivisions, or any other person who is not a producer, unless the fee is:
new text end
new text begin
(i) a deposit made in connection with a product's refill, reuse, or recycling that can be
redeemed by a consumer; or
new text end
new text begin
(ii) a charge for service by a service provider, regardless of whether registered;
new text end
new text begin
(9) a description of activities to be undertaken during the next five calendar years, which
must at a minimum describe how the producer responsibility organization, acting on behalf
of producers, will:
new text end
new text begin
(i) minimize the environmental impacts and human health impacts of covered materials,
including assessing each covered material's generation of hazardous waste, generation of
greenhouse gases, environmental justice impacts, public health impacts, and other impacts;
new text end
new text begin
(ii) incorporate as program objectives the improved design of covered materials according
to section 115A.1454, subdivision 1, clause (2);
new text end
new text begin
(iii) provide funding to expand and increase the convenience of waste reduction, reuse,
collection, recycling, and composting services according to the order of the waste
management hierarchy under section 115A.02;
new text end
new text begin
(iv) provide for reasonable reimbursement rates for statewide coverage of recycling
services for covered materials on the lists established in section 115A.1453 to single-family
residences, multifamily residences, and political subdivisions arranging for collection,
transportation, and processing of recyclable materials at a comparable level of convenience
as services for mixed municipal solid waste according to section 115A.1455; and
new text end
new text begin
(v) monitor to ensure that postconsumer recycled materials are delivered to responsible
markets;
new text end
new text begin
(10) describe how the producer responsibility organization will promote the opportunity
for all service providers to register with the commissioner and to submit for reimbursement
with the producer responsibility organization;
new text end
new text begin
(11) a description of how the program will reimburse service providers under an approved
stewardship plan, including but not limited to:
new text end
new text begin
(i) the use of differentiated rates developed according to the requirements and factors
established under section 115A.1455, subdivision 4;
new text end
new text begin
(ii) clear and reasonable timelines for reimbursement, with a frequency of no less than
monthly unless agreed to by a service provider and a producer responsibility organization;
and
new text end
new text begin
(iii) a process to resolve disputes that arise between the producer responsibility
organization and a service provider regarding the determination and payment of
reimbursements;
new text end
new text begin
(12) performance standards for service providers that are reimbursed under an approved
stewardship plan, including but not limited to the following, as applicable to the service
provided:
new text end
new text begin
(i) requirements that service providers must accept all covered materials on the lists
established by the commissioner under section 115A.1453; and
new text end
new text begin
(ii) labor standards and safety practices, including but not limited to safety programs,
health benefits, and living wages;
new text end
new text begin
(13) a description of how the producer responsibility organization will treat and protect
nonpublic data submitted by service providers;
new text end
new text begin
(14) a description of how the producer responsibility organization will provide technical
assistance to:
new text end
new text begin
(i) service providers in order to deliver covered materials to responsible markets;
new text end
new text begin
(ii) producers regarding toxic substances in covered materials and actions producers can
take to reduce intentionally added toxic substances in covered materials, including verification
by suppliers through certificates of compliance, upon request; and
new text end
new text begin
(iii) producers to make changes in product design that reduce the environmental impact
of covered materials or that increase the recoverability or marketability of covered materials
for reuse, recycling, or composting;
new text end
new text begin
(15) a description of how the producer responsibility organization will increase public
awareness, educate, and complete outreach activities accounting for culturally responsive
materials and methods and evaluate the efficacy of these efforts including how the producer
responsibility organization will:
new text end
new text begin
(i) assist producers in improving product labels as a means of informing consumers
about refilling, reusing, recycling, composting, and other environmentally sound methods
of managing covered materials;
new text end
new text begin
(ii) increase public awareness of how to use and manage covered materials in an
environmentally sound manner and how to access waste reduction, reuse, recycling, and
composting services; and
new text end
new text begin
(iii) encourage behavior change to increase participation in waste reduction, reuse,
recycling, and composting programs;
new text end
new text begin
(16) a summary of consultations held with the advisory board and other stakeholders to
provide input to the stewardship plan, a list of recommendations that were incorporated into
the stewardship plan as a result, and a list of rejected recommendations and the reasons for
rejection; and
new text end
new text begin
(17) strategies to incorporate findings from any relevant studies required by the
legislature.
new text end
new text begin Subd. 4. new text end
new text begin Plan and amendment review and approval procedure. new text end
new text begin
(a) The commissioner
must review and approve, deny, or request additional information for a draft stewardship
plan or a draft plan amendment no later than 120 days after the date the commissioner
receives it from a producer responsibility organization. The commissioner must post the
draft plan or draft amendment on the agency's website and allow public comment for no
less than 45 days before approving, denying, or requesting additional information on the
draft plan or draft amendment.
new text end
new text begin
(b) If the commissioner denies, or requests additional information for, a draft plan or
draft amendment, the commissioner must provide the producer responsibility organization
with the reasons, in writing, that the plan or plan amendment does not meet the plan
requirements of subdivision 3. The producer responsibility organization shall have 60 days
from the date that the rejection or request for additional information is received to submit
to the commissioner any additional information necessary for the approval of the draft plan
or draft amendment. The commissioner shall review and approve or disapprove the revised
draft plan or draft amendment no later than 60 days after the date the commissioner receives
it.
new text end
new text begin
(c) A producer responsibility organization may resubmit a draft plan or draft amendment
to the commissioner on not more than two occasions. If after the second resubmission, the
commissioner determines that the draft plan or draft amendment does not meet the plan
requirements of this act, the commissioner must modify the draft plan or draft amendment
as necessary for it to meet the requirements of this act and approve it.
new text end
new text begin
(d) Upon recommendation by the advisory board, or upon the commissioner's own
initiative, the commissioner may require an amendment to a stewardship plan if the
commissioner determines that an amendment is necessary to ensure that the producer
responsibility organization maintains compliance with the requirements of this act.
new text end
new text begin Subd. 5. new text end
new text begin Performance targets. new text end
new text begin
(a) The producer responsibility organization must propose
performance targets based on the needs assessment that meet the statewide requirements in
subdivision 7 that must be included in a stewardship plan approved under this section.
Performance targets must include reuse rates, return rates, recycling rates, composting rates,
and targets for waste reduction, and postconsumer recycled content by covered materials
type that are to be achieved by the end of the stewardship plan's term. The producer
responsibility organization must select the unit that is most appropriate to measure each
performance target as informed by the needs assessment.
new text end
new text begin
(b) The commissioner may require that a producer responsibility organization obtain
third-party certification of any activity or achievement of any standard required by this act.
The commissioner must provide a producer responsibility organization with notice of at
least one year prior to requiring use of third-party certification under this paragraph if such
certifications are readily available, applicable, and of reasonable cost.
new text end
new text begin
(c) Proposed performance targets must demonstrate continuous improvement in reducing
environmental impacts and human health impacts of covered materials over time.
new text end
new text begin Subd. 6. new text end
new text begin Measurement criteria for performance targets. new text end
new text begin
(a) For purposes of
determining whether recycling performance targets are being met, except as modified by
the commissioner, a stewardship plan must provide for the measurement of the amount of
recycled material to be at the point at which material leaves a recycling facility and must
account for:
new text end
new text begin
(1) levels of estimated contamination documented by the facility;
new text end
new text begin
(2) any exclusions for fuel or energy capture; and
new text end
new text begin
(3) compliance with sections 115A.965, 116.943, 325F.075, and 325F.172 to 325F.179,
and all other laws pertaining to toxic substances in covered materials.
new text end
new text begin
(b) For purposes of determining whether waste reduction performance targets are being
met, a stewardship plan must provide for the measurement of the amount of waste reduction
of covered materials in a manner that can determine the extent to which the amount of
material used for a covered material is eliminated beyond what is necessary to efficiently
deliver a product without damage or spoilage, or other means of covered material redesign
to reduce overall use and environmental impacts.
new text end
new text begin
(c) For purposes of determining whether reuse targets are being met, a stewardship plan
must provide for the measurement of the amount of reusable covered materials to be at the
point at which reusable covered materials meet the following criteria as demonstrated by
the producer and approved by the commissioner:
new text end
new text begin
(1) whether the average minimum number of cycles of reuses within a recognized reuse
system has been met based on the number of times an item must be reused for it to have
lower environmental impacts than the single-use versions of those items; and
new text end
new text begin
(2) whether the demonstrated or research-based anticipated return rate of the covered
material to the reuse system has been met.
new text end
new text begin
(d) For other targets, the producer responsibility organization must propose a calculation
point for review and approval as part of the stewardship plan based on findings from the
needs assessment.
new text end
new text begin Subd. 7. new text end
new text begin Statewide requirements. new text end
new text begin
(a) The commissioner must establish or approve
statewide requirements and the date the statewide requirements must be met for the following
categories:
new text end
new text begin
(1) recycling rate;
new text end
new text begin
(2) composting rate;
new text end
new text begin
(3) reuse rate;
new text end
new text begin
(4) return rate;
new text end
new text begin
(5) the percentage of covered materials introduced that must be waste reduced; and
new text end
new text begin
(6) the percentage of postconsumer recycled content that covered materials introduced
must contain, including an overall percentage for all covered materials, as applicable,
excluding compostable materials that cannot include postconsumer recycled content because
unique chemical or physical properties or health and safety requirements prohibit introduction
of postconsumer recycled content.
new text end
new text begin
(b) The commissioner may use the following information and criteria when establishing
statewide requirements under paragraph (a):
new text end
new text begin
(1) needs assessments under section 115A.1450;
new text end
new text begin
(2) goals and requirements of the Waste Management Act under this chapter;
new text end
new text begin
(3) statewide goals for greenhouse gas emission reductions under section 216H.02;
new text end
new text begin
(4) need for continuous progress toward generating less waste from covered materials
and the complete reuse, recycling, or composting of the covered materials that are generated,
in doing so reducing impacts to human health and the environment;
new text end
new text begin
(5) a preference for statewide requirements that accomplish and further the goals and
requirements in clauses (2) to (4) as soon as practicable and to the maximum extent
achievable; and
new text end
new text begin
(6) information from packaging and paper producer responsibility programs operating
in other jurisdictions.
new text end
new text begin
(c) The commissioner must consult with the product stewardship organization on the
proposed statewide requirements and must submit proposed statewide requirements under
paragraph (a) to the advisory board and consider the board's recommendations before
finalizing the statewide requirements.
new text end
new text begin
(d) Every five years, the commissioner must review the statewide requirements established
under paragraph (a). If the commissioner decides an update is not warranted at that time,
the commissioner must submit the reasoning to the advisory board and consider the board's
recommendations before making a final decision. If the commissioner decides an update is
warranted, the process in paragraphs (b) and (c) must be utilized.
new text end
new text begin
(e) The producer responsibility organization must ensure the statewide requirements are
met.
new text end
Sec. 13.
new text begin
[115A.1453] RECYCLABLE OR COMPOSTABLE COVERED
MATERIALS LISTS.
new text end
new text begin Subdivision 1. new text end
new text begin List required. new text end
new text begin
By March 1, 2027, the commissioner must complete a
list of covered materials determined to be recyclable or compostable statewide through
systems where covered materials are commingled into a recyclables stream and a separate
compostables stream. These covered materials must be collected at a comparable level of
convenience as collection services for mixed municipal solid waste.
new text end
new text begin Subd. 2. new text end
new text begin Alternative collection list required. new text end
new text begin
By March 1, 2027, the commissioner
must complete a list of covered materials determined to be recyclable or compostable and
collected statewide through systems other than the system required for covered materials
on the list established in subdivision 1.
new text end
new text begin Subd. 3. new text end
new text begin Input from interested parties. new text end
new text begin
The commissioner must consult with the
advisory board, producer responsibility organizations, service providers, political
subdivisions, and other interested parties to develop or amend the recyclable or compostable
covered materials lists and must review any petitions by interested parties for addition or
removal of covered materials from the lists created under this section.
new text end
new text begin Subd. 4. new text end
new text begin Criteria. new text end
new text begin
In developing the lists under subdivisions 1 and 2, the commissioner
may consider the following criteria:
new text end
new text begin
(1) current availability of recycling collection services;
new text end
new text begin
(2) recycling collection and processing infrastructure;
new text end
new text begin
(3) capacity and technology for sorting covered materials;
new text end
new text begin
(4) availability of responsible end markets;
new text end
new text begin
(5) presence and amount of processing residuals and contamination;
new text end
new text begin
(6) quantity of material estimated to be available and recoverable;
new text end
new text begin
(7) projected future conditions for clauses (1) to (6);
new text end
new text begin
(8) if collected for recycling, the covered material type and form must be one that is
regularly sorted and aggregated into defined streams for recycling processes or the packaging
format must be specified in a relevant Institution of Scrap Recycling Industries specification;
and
new text end
new text begin
(9) other criteria or factors determined by the commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Amendment. new text end
new text begin
The commissioner may amend a list completed under this section
at any time and must provide amended lists to producer responsibility organizations as soon
as possible after adopting an amendment. Producer responsibility organizations must provide
amended lists to service providers as soon as possible after receiving the amendment and
work to incorporate changes in relevant service provider reimbursement rates within a year.
new text end
Sec. 14.
new text begin
[115A.1454] PRODUCER FEES.
new text end
new text begin Subdivision 1. new text end
new text begin Annual fee. new text end
new text begin
A producer responsibility organization must annually collect
a fee from each producer that must:
new text end
new text begin
(1) be based on the total amount of covered materials each producer introduces in the
prior year calculated on a per-unit basis, such as per ton, per item, or another unit of
measurement;
new text end
new text begin
(2) incentivize using materials and design attributes that reduce the environmental impacts
and human health impacts, as determined by the commissioner, of covered materials by the
following methods:
new text end
new text begin
(i) eliminating intentionally added toxic substances in covered materials;
new text end
new text begin
(ii) reducing the amount of packaging per individual covered material that is necessary
to efficiently deliver a product without damage or spoilage without reducing its ability to
be recycled or reducing the amount of paper used to manufacture individual paper products;
new text end
new text begin
(iii) increasing covered materials managed in a reuse system;
new text end
new text begin
(iv) increasing the proportion of postconsumer material in covered materials;
new text end
new text begin
(v) enhancing recyclability or compostability of a covered material; and
new text end
new text begin
(vi) increasing the amount of inputs derived from renewable and sustainable sources;
new text end
new text begin
(3) discourage using materials and design attributes in a producer's covered materials
whose environmental impacts and human health impacts, as determined by the commissioner,
can be reduced by the methods listed under clause (2);
new text end
new text begin
(4) prioritize reuse by charging covered materials that are managed through a reuse
system only once, upon initial entry into the marketplace; and
new text end
new text begin
(5) generate revenue sufficient to pay in full:
new text end
new text begin
(i) the annual registration fee required under section 115A.1443;
new text end
new text begin
(ii) financial obligations to complete activities described in an approved stewardship
plan and to reimburse service providers under section 115A.1455;
new text end
new text begin
(iii) the operating costs of the producer responsibility organization; and
new text end
new text begin
(iv) for the establishment and maintenance of a financial reserve that is sufficient to
operate the program in a fiscally prudent and responsible manner.
new text end
new text begin Subd. 2. new text end
new text begin Overcollections. new text end
new text begin
Revenue collected under this section that exceeds the amount
needed to pay the costs described in subdivision 1, clause (5), must be used to improve or
enhance program outcomes or to reduce producer fees according to provisions of an approved
stewardship plan.
new text end
new text begin Subd. 3. new text end
new text begin Prohibited conduct. new text end
new text begin
Fees collected under this section may not be used for
lobbying, as defined in section 3.084, subdivision 1.
new text end
Sec. 15.
new text begin
[115A.1455] SERVICE PROVIDER; REIMBURSEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Service provider reimbursement required. new text end
new text begin
The reimbursements
provided for waste reduction, reuse, processing, recycling, or composting services under
an approved stewardship plan shall only be provided to service providers that meet the
performance standards requirements established under an approved stewardship plan.
new text end
new text begin Subd. 2. new text end
new text begin Collection of recyclables. new text end
new text begin
If a household does not have access to collection
services at a comparable level of convenience as collection services for mixed municipal
solid waste for covered materials on the recyclable covered materials list established under
section 115A.1453, subdivision 1, the producer responsibility organization must ensure that
collection service is available to the household through a service provider.
new text end
new text begin Subd. 3. new text end
new text begin Bidding processes. new text end
new text begin
(a) For infrastructure investments included under an
approved stewardship plan, a producer responsibility organization must use the competitive
bidding processes established in section 16C.28, subdivision 1, and publicly post bid
opportunities except that preference must be given to existing facilities, providers of services,
and holders of service accounts in the state for waste reduction, reuse, collection, recycling,
and composting of covered materials.
new text end
new text begin
(b) No producer or producer responsibility organization may own or partially own
infrastructure that is used to fulfill obligations under this act except in the following
circumstances:
new text end
new text begin
(1) a producer may hold an ownership stake in infrastructure used to fulfill obligations
under this act so long as the stake was held prior to enactment of this act and said ownership
stake is fully disclosed by the producer to the producer responsibility organization; or
new text end
new text begin
(2) if, after a bidding process described in paragraph (a), no service provider bids on the
contract, the producer responsibility organization may make infrastructure investments
identified under an approved stewardship plan to implement the requirements in this act.
new text end
new text begin Subd. 4. new text end
new text begin Reimbursement rates. new text end
new text begin
(a) An approved stewardship plan must provide
reimbursement rates for services, collection, transportation, and management of covered
materials, exclusive of exempt materials, and incorporate relevant cost information identified
by the initial needs assessment. Reimbursement rates shall be established equivalent to 50
percent of the cost per ton by July 1, 2027, 75 percent of the cost per ton by July 1, 2028,
and 90 percent of the cost per ton by July 1, 2029, and each year thereafter and varied per
ton, as follows:
new text end
new text begin
(1) a fixed amount for each ton of covered material collected by a service provider that
reflects conditions that affect collection, recycling, and composting costs in the region or
jurisdiction in which the services are provided, including but not limited to:
new text end
new text begin
(i) the number and size of households;
new text end
new text begin
(ii) population density;
new text end
new text begin
(iii) collections methods employed;
new text end
new text begin
(iv) public education efforts;
new text end
new text begin
(v) distance to consolidation or transfer facilities; reuse, recycling, or composting
facilities; or to responsible markets;
new text end
new text begin
(vi) other factors that may contribute to regional or jurisdictional cost differences;
new text end
new text begin
(vii) proportion of covered compostable materials within all source-separated compostable
materials collected or managed through composting; and
new text end
new text begin
(viii) the general quality of materials recycled or composted by service providers;
new text end
new text begin
(2) a fixed amount for each ton of covered material recycled or composted by a service
provider in the prior calendar year based upon:
new text end
new text begin
(i) the average costs associated with the transportation and processing from a central
location within a political subdivision, of collected covered material from the political
subdivision to a recycling or composting facility;
new text end
new text begin
(ii) the processing of and removal of contamination from covered material by a recycling
or composting facility;
new text end
new text begin
(iii) the recycling or composting of covered materials in the state or in another jurisdiction
less the average fair market value for that covered material based on the market indices for
the region, updated monthly;
new text end
new text begin
(iv) costs associated with the management of contaminated materials removed from
collected covered material; and
new text end
new text begin
(v) the proportion of covered compostable materials within all source-separated
compostable materials collected or managed through composting;
new text end
new text begin
(3) an additional fixed amount, in excess of the rate provided under clause (2), for each
material type per ton for covered materials that are not included on the lists established
according to section 115A.1453, subdivision 1, that are recycled or composted by a service
provider in the prior calendar year less the average fair market value for that covered material
based on the market indices for the region, updated monthly;
new text end
new text begin
(4) a fixed amount for mixed recycling tons are managed through a process that includes
percentages of covered materials included on the lists established according to section
115A.1453, subdivision 1, and additional covered materials. The per ton fixed amount shall
be prorated for the values in clause (2), items (i) and (ii), based upon the most recent waste
characterization for mixed recycling ton averages;
new text end
new text begin
(5) a fixed amount, based on population served, for administrative costs of service
providers, including education, public awareness campaigns, and outreach program costs
as applicable; and
new text end
new text begin
(6) a fixed amount for the cost of managing covered materials capable of refill or reusable
covered materials for the costs associated with collection, cleaning, sanitation, distribution,
and management of contamination.
new text end
new text begin
(b) A service provider may retain all revenue from the sale of covered materials. Nothing
in this act may restrict a service provider from charging a fee for collection or processing
of covered materials to the extent that reimbursement from a producer responsibility
organization does not cover all costs of services, including operating profits and returns on
investments required by a service provider to provide sustainability of the services.
new text end
new text begin Subd. 5. new text end
new text begin Local government authority. new text end
new text begin
(a) Nothing in this section shall be construed to
require a political subdivision to agree to operate under a stewardship plan, nor does it
restrict the authority of a political subdivision to provide waste management services to
residents or to contract with any entity to provide waste management services. Any political
subdivision that is also a service provider is eligible to be registered with the commissioner
and reimbursed per the rates and schedule approved in subdivision 4. If a majority of political
subdivisions in the state chooses not to participate in the program by January 1, 2030, the
commissioner shall revise the statewide requirements established under section 115A.1451,
subdivision 7.
new text end
new text begin
(b) Nothing in this act restricts the authority of a political subdivision to provide waste
management services to residents, to contract with any entity to provide waste management
services, or to exercise its authority granted under section 115A.94. A producer responsibility
organization may not restrict or otherwise interfere with a political subdivision exercising
its authority under section 115A.94 to organize collection of solid waste, including materials
collected for recycling or composting, or to extend, renew, or otherwise manage any contracts
entered into as a result of exercising such authority or otherwise resulting from a competitive
procurement process.
new text end
new text begin Subd. 6. new text end
new text begin Dispute resolution. new text end
new text begin
There must be a dispute resolution process for disputes
related to reimbursements utilizing third-party mediators.
new text end
Sec. 16.
new text begin
[115A.1456] REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Producer responsibility organization annual report. new text end
new text begin
(a) By July 1,
2031, and each July 1 thereafter, a producer responsibility organization must submit a written
report to the commissioner that contains, at a minimum, the following information for the
previous calendar year:
new text end
new text begin
(1) the amount of covered materials introduced by each covered materials type, reported
in the same units used to establish fees under section 115A.1454, subdivision 1, clause (1);
new text end
new text begin
(2) progress toward the performance targets reported in the same units used to establish
producer fees under section 115A.1454, subdivision 1, clause (1), and reported statewide
and for each county including:
new text end
new text begin
(i) the amount of covered materials successfully waste reduced, reused, recycled, and
composted by covered materials type and the strategies or collection method used; and
new text end
new text begin
(ii) information about third-party certifications obtained;
new text end
new text begin
(3) the total cost to implement the program and a detailed description of program
expenditures including:
new text end
new text begin
(i) the total amount of producer fees collected in the current calendar year; and
new text end
new text begin
(ii) a description of infrastructure investments made during the previous year;
new text end
new text begin
(4) a copy of a financial audit of program operations conducted by an independent auditor
approved by the commissioner that meets the requirements of the Financial Accounting
Standards Board's Accounting Standards Update 2016-14, Not-for-Profit Entities (Topic
958), as amended;
new text end
new text begin
(5) a description of program performance problems that emerged in specific locations
and efforts taken or proposed by the producer responsibility organization to address them;
new text end
new text begin
(6) a discussion of technical assistance provided to producers regarding toxic substances
in covered materials and actions taken by producers to reduce intentionally added toxic
substances in covered materials beyond compliance with prohibitions already established
in law;
new text end
new text begin
(7) a description of public awareness, education, and outreach activities undertaken
including any evaluations conducted of their efficacy, plans for next calendar year's activities,
and an evaluation of the process established by the producer responsibility organization to
answer questions from consumers regarding collection, recycling, composting, waste
reduction, and reuse activities;
new text end
new text begin
(8) a summary of consultations held with the advisory board and how any feedback was
incorporated into the report as a result of the consultations, together with a list of rejected
recommendations and the reasons for rejection;
new text end
new text begin
(9) a list of any producers found to be out of compliance with this act, and actions taken
by the producer responsibility organization to return the producer to compliance, and
notification of any producers that are no longer participating in the producer responsibility
organization or have been expelled due to their lack of compliance;
new text end
new text begin
(10) any proposed amendments to the stewardship plan to improve program performance
or reduce costs, including changes to producer fees, infrastructure investments, or
reimbursement rates;
new text end
new text begin
(11) any recommendations for additions or removal of covered materials to or from the
recyclable or compostable covered materials lists developed under section 115A.1453; and
new text end
new text begin
(12) any information requested by the commissioner to assist with determining
compliance with this act.
new text end
new text begin
(b) Every fourth year after a stewardship plan is approved by the commissioner, a
performance audit of the program must be completed. The performance audit must conform
to audit standards established by the United States Government Accountability Office; the
National Association of State Auditors, Comptrollers, and Treasurers; or another nationally
recognized organization approved by the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Report following unmet target. new text end
new text begin
A producer responsibility organization that
fails to meet a performance target approved in a stewardship plan must, within 90 days of
filing an annual report under this section, file with the commissioner an explanation of the
factors contributing to the failure and propose an amendment to the stewardship plan
specifying changes in operations that the producer responsibility organization will make
that are designed to achieve the following year's targets. If a performance target is unmet
due to lack of political subdivision participation in the program, the commissioner shall
revise the statewide requirements developed under section 115A.1451, subdivision 7. If a
revision to the statewide performance targets is required and completed by the commissioner,
the producer responsibility organization may revise the performance targets at the same
time. An amendment filed under this subdivision must be reviewed by the advisory board
and reviewed and approved by the commissioner in the manner specified in section
115A.1451, subdivisions 2 and 4.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner's report. new text end
new text begin
By October 15, 2034, and every five years thereafter,
the commissioner must submit a report to the governor and to the chairs and ranking minority
members of the legislative committees with jurisdiction over solid waste. The report must
contain a summary of the operations of the Packaging Waste and Cost Reduction Act during
the previous five years, a summary of the needs assessment, a link to reports filed under
subdivisions 1 and 2, recommendations for policy, statutory, or regulatory changes to the
program, an analysis of the impacts of exempting certain materials from the definition of
covered materials and of exempting certain persons from the definition of producer, a list
of efforts undertaken by the commissioner to enforce and secure compliance with this act,
and any other information the commissioner deems to be relevant.
new text end
new text begin Subd. 4. new text end
new text begin Duty to cooperate. new text end
new text begin
Service providers must provide producer responsibility
organizations with data necessary to complete the reports required by this section upon
request.
new text end
Sec. 17.
new text begin
[115A.1457] PRODUCER RESPONSIBILITY ORGANIZATION
WEBSITES.
new text end
new text begin
A producer responsibility organization must maintain a website that uses best practices
for accessibility and contains at least:
new text end
new text begin
(1) information regarding a process that members of the public can use to contact the
producer responsibility organization with questions;
new text end
new text begin
(2) a directory of all service providers operating under the stewardship plan administered
by the producer responsibility organization, grouped by location or political subdivision,
and information about how to request service;
new text end
new text begin
(3) registration materials submitted to the commissioner under section 115A.1443;
new text end
new text begin
(4) the draft and approved stewardship plan and any draft and approved amendments;
new text end
new text begin
(5) information on how to manage materials included in lists established under section
115A.1453;
new text end
new text begin
(6) the list of exempt materials as defined in this act and covered materials exempt from
performance targets and statewide requirements as approved in the stewardship plan;
new text end
new text begin
(6) the most recent needs assessment and all past needs assessments;
new text end
new text begin
(7) annual reports filed by the producer responsibility organization;
new text end
new text begin
(8) a link to administrative rules implementing this act;
new text end
new text begin
(9) comments of the advisory board on the documents listed in clauses (4) and (7), and
the responses of the producer responsibility organization to those comments;
new text end
new text begin
(10) the names of producers and brands that are not in compliance with section
115A.1448;
new text end
new text begin
(11) a list, that is updated at least monthly, of all member producers that will operate
under the stewardship plan administered by the producer responsibility organization and,
for each producer, a list of all brands of the producer's covered materials introduced in the
state; and
new text end
new text begin
(12) education materials on waste reduction, reuse, recycling, and composting for
producers and the general public.
new text end
Sec. 18.
new text begin
[115A.1458] ANTICOMPETITIVE CONDUCT.
new text end
new text begin
A producer responsibility organization that arranges collection, recycling, composting,
waste reduction, or reuse services under this act may engage in anticompetitive conduct to
the extent necessary to plan and implement collection, recycling, composting, waste
reduction, or reuse systems to meet the obligations under this act, and is immune from
liability under state laws relating to antitrust, restraint of trade, and unfair trade practices.
new text end
Sec. 19.
new text begin
[115A.1459] RULEMAKING.
new text end
new text begin
The commissioner may adopt rules to implement this act. The 18-month time limit under
section 14.125 does not apply to the commissioner's rulemaking authority under this section.
new text end
Sec. 20.
new text begin
[115A.1460] PROVIDING INFORMATION.
new text end
new text begin
Upon request of the commissioner for purposes of determining compliance with this
act, or for purposes of implementing this act, a person must furnish to the commissioner
any information that the person has or may reasonably obtain.
new text end
Sec. 21.
new text begin
[115A.1461] DEPOSIT RETURN SYSTEM.
new text end
new text begin
(a) It is the intent of the legislature that if a bottle deposit return system is enacted in the
future, it will be harmonized with this act in a manner that ensures that:
new text end
new text begin
(1) materials covered in that system are exempt from this act or related financial
obligations are reduced;
new text end
new text begin
(2) colocation of drop-off facilities and alternative collection sites is maximized;
new text end
new text begin
(3) education and outreach is integrated between the two programs; and
new text end
new text begin
(4) waste reduction and reuse strategies are prioritized between the two programs.
new text end
new text begin
(b) Any implementation of a deposit return system is created with at least a two-year
transition period prior to the expiry of the currently approved stewardship plan and conducted
in a manner that does not create sudden and significant operational or financial disruption
to the implementation of a stewardship plan under section 115A.1451, including provisions
of recycling or reuse services contained in the plan.
new text end
Sec. 22.
new text begin
[115A.1462] ENFORCEMENT.
new text end
new text begin
(a) The commissioner must enforce this act as provided under this section and sections
115.071 and 116.072. The commissioner may revoke a registration of a producer
responsibility organization or producer found to have violated this act.
new text end
new text begin
(b) Notwithstanding the penalty limits contained in section 115.071, subdivision 3, and
except as otherwise provided in paragraph (c), a person that violates or fails to perform a
duty imposed by this act or any rule adopted thereunder is liable for a civil penalty not to
exceed $25,000 per day of violation.
new text end
new text begin
(c) Notwithstanding the penalty limits contained in section 115.071, subdivision 3, a
producer responsibility organization or producer that violates a provision of or fails to
perform a duty imposed by this act, a rule adopted thereunder, or requirements of a
stewardship plan approved by the commissioner, is liable for a civil penalty not to exceed
$25,000 per day of violation. For a second violation occurring within five years after the
approval of a stewardship plan, a producer responsibility organization or producer is liable
for a civil penalty not to exceed $50,000 per day of violation. For a third or subsequent
violation occurring within five years after the approval of a stewardship plan, a producer
responsibility organization or producer is liable for a civil penalty not to exceed $100,000
per day of violation.
new text end
Sec. 23. new text begin WORKPLACE CONDITIONS AND EQUITY STUDY.
new text end
new text begin
(a) By January 1, 2032, the commissioner of the Pollution Control Agency must contract
with a third party that is not a producer or a producer responsibility organization to conduct
a study of the recycling, composting, and reuse facilities operating in the state. The study
must analyze, at a minimum information about:
new text end
new text begin
(1) working conditions, wage and benefit levels, and employment levels of minorities
and women at those facilities;
new text end
new text begin
(2) barriers to ownership of recycling, composting, and reuse operations faced by women
and minorities;
new text end
new text begin
(3) the degree to which residents of multifamily buildings have less convenient access
to recycling, composting, and reuse opportunities than those living in single-family homes;
new text end
new text begin
(4) the degree to which environmental justice areas have access to fewer recycling,
composting, and reuse opportunities compared to other parts of the state;
new text end
new text begin
(5) the degree to which programs to increase access, convenience, and education are
successful in raising reuse, recycling, and composting rates in areas where participation in
these activities is low;
new text end
new text begin
(6) strategies to increase participation in reuse, recycling, and composting; and
new text end
new text begin
(7) the degree to which residents and workers in environmental justice areas are impacted
by emissions, toxic substances, and other pollutants from solid waste facilities in comparison
to other areas of the state and provide recommendations to mitigate those impacts.
new text end
new text begin
(b) The initial producer responsibility organization registered by the commissioner under
Minnesota Statutes, sections 115A.144 to 115A.1462, must cover the cost of conducting
the study through its annual registration fee and recommended actions identified in the study
must be considered as part of future stewardship plans as required under Minnesota Statutes,
section 115A.1451, including adjustments to service provider reimbursements as established
under Minnesota Statutes, section 115A.1455.
new text end
Sec. 24. new text begin COVERED MATERIALS POLLUTION AND CLEANUP STUDY.
new text end
new text begin
(a) By January 1, 2032, the commissioner of the Pollution Control Agency, in consultation
with the commissioners of health and natural resources, must contract with a third party
that is not a producer or a producer responsibility organization to conduct a study to identify
the contribution of covered products to litter and water pollution in Minnesota. The report
must at a minimum:
new text end
new text begin
(1) analyze historical and current environmental and human health impacts of littered
covered materials and their associated toxic substances in the environment;
new text end
new text begin
(2) estimate the cost of cleanup and prevention; and
new text end
new text begin
(3) provide recommendations for how to reduce and mitigate the impacts of litter in the
state.
new text end
new text begin
(b) The contracted third party must consult with units of local government, the
commissioners of health and natural resources, and environmental justice organizations.
new text end
new text begin
(c) The initial producer responsibility organization registered by the commissioner under
Minnesota Statutes, sections 115A.144 to 115A.1462, must cover the cost of conducting
the study through its annual registration fee and recommended actions identified in the study
must be considered as part of future stewardship plans, as required under Minnesota Statutes,
section 115A.1451.
new text end
APPENDIX
Repealed Minnesota Statutes: UEH3911-1
85.012 STATE PARKS.
Subd. 27b.
Hill-Annex Mine State Park, Itasca County.
Subd. 58.
Upper Sioux Agency State Park, Yellow Medicine County.
97B.318 ARMS USE AREAS AND RESTRICTIONS; REGULAR FIREARMS SEASON.
Subdivision 1.
Shotgun use area.
During the regular firearms season in the shotgun use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading long guns, and legal handguns may be used for taking deer. Legal shotguns include those with rifled barrels. The shotgun use area is that portion of the state lying within the following described boundary: Beginning on the west boundary of the state at the northern boundary of Clay County; thence along the northern boundary of Clay County to State Trunk Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence along the east, south, and west boundaries of the state to the point of beginning.
Subd. 2.
All legal firearms use area.
The all legal firearms use area is that part of the state lying outside of the shotgun use area.
97B.802 SPECIAL CANADA-GOOSE SEASON; LICENSE REQUIRED.
Except as provided in this section, a person required to possess a small-game license may not take Canada geese during a special season without a valid special-season Canada-goose license in possession. Residents under age 18 or over age 65 and persons hunting on their own property are not required to possess the license.
138.662 HISTORIC SITES.
Subd. 33.
Upper Sioux Agency.
Upper Sioux Agency; Yellow Medicine County.