Bill Text: MN SF1170 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Omnibus environment, natural resources and commerce bill

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2013-04-22 - HF passed, no substitution [SF1170 Detail]

Download: Minnesota-2013-SF1170-Introduced.html

1.1A bill for an act
1.2relating to state government; appropriating money for environment, natural
1.3resources, and commerce; modifying and providing for certain fees; modifying
1.4and providing for disposition of certain revenue; creating accounts; modifying
1.5mining permit provisions; modifying provisions for taking game and fish;
1.6providing for wastewater laboratory certification; modifying certain permanent
1.7school fund provisions; providing for product stewardship programs; providing
1.8for sanitary districts; requiring rulemaking;amending Minnesota Statutes
1.92012, sections 13.7411, subdivision 4; 15A.0815, subdivision 3; 60A.14,
1.10subdivision 1; 85.052, subdivision 6; 85.054, by adding a subdivision; 85.055,
1.11subdivision 2; 89.0385; 89.17; 92.50; 93.17, subdivision 1; 93.1925, subdivision
1.122; 93.25, subdivision 2; 93.285, subdivision 3; 93.46, by adding a subdivision;
1.1393.481, subdivisions 3, 5, by adding subdivisions; 93.482; 94.342, subdivision
1.145; 97A.045, subdivision 1; 97A.445, subdivision 1; 97A.451, subdivisions
1.153, 3b, 4, 5, by adding a subdivision; 97A.475, subdivisions 2, 3; 97A.485,
1.16subdivision 6; 103G.615, subdivision 2; 103I.601, by adding a subdivision;
1.17127A.30, subdivision 1; 127A.351; 127A.352; 168.1296, subdivision 1; 239.101,
1.18subdivision 3; 275.066; proposing coding for new law in Minnesota Statutes,
1.19chapters 93; 115; 115A; proposing coding for new law as Minnesota Statutes,
1.20chapter 442A; repealing Minnesota Statutes 2012, sections 97A.451, subdivision
1.214a; 115.18, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10; 115.19; 115.20; 115.21; 115.22;
1.22115.23; 115.24; 115.25; 115.26; 115.27; 115.28; 115.29; 115.30; 115.31; 115.32;
1.23115.33; 115.34; 115.35; 115.36; 115.37; 127A.353.
1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.25ARTICLE 1
1.26ENVIRONMENT, NATURAL RESOURCES, AND COMMERCE
1.27APPROPRIATIONS

1.28
Section 1. SUMMARY OF APPROPRIATIONS.
1.29    The amounts shown in this section summarize direct appropriations, by fund, made
1.30in this article.
2.1
2014
2015
Total
2.2
General
$
113,487,000
$
113,487,000
$
226,974,000
2.3
2.4
State Government Special
Revenue
75,000
75,000
150,000
2.5
Environmental
68,680,000
68,825,000
137,505,000
2.6
Natural Resources
91,279,000
91,279,000
182,558,000
2.7
Game and Fish
91,372,000
91,372,000
182,744,000
2.8
Remediation
10,596,000
10,596,000
21,192,000
2.9
Permanent School
200,000
200,000
400,000
2.10
Petroleum Tank
1,052,000
1,052,000
2,104,000
2.11
Workers' Compensation
751,000
751,000
1,502,000
2.12
Total
$
377,492,000
$
377,637,000
$
755,129,000

2.13
Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
2.14    The sums shown in the columns marked "Appropriations" are appropriated to the
2.15agencies and for the purposes specified in this article. The appropriations are from the
2.16general fund, or another named fund, and are available for the fiscal years indicated
2.17for each purpose. The figures "2014" and "2015" used in this article mean that the
2.18appropriations listed under them are available for the fiscal year ending June 30, 2014, or
2.19June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
2.20year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
2.21year ending June 30, 2013, are effective the day following final enactment.
2.22
APPROPRIATIONS
2.23
Available for the Year
2.24
Ending June 30
2.25
2014
2015

2.26
Sec. 3. POLLUTION CONTROL AGENCY
2.27
Subdivision 1.Total Appropriation
$
84,360,000
$
84,505,000
2.28
Appropriations by Fund
2.29
2014
2015
2.30
General
5,109,000
5,109,000
2.31
2.32
State Government
Special Revenue
75,000
75,000
2.33
Environmental
68,680,000
68,825,000
2.34
Remediation
10,496,000
10,496,000
2.35The amounts that may be spent for each
2.36purpose are specified in the following
2.37subdivisions.
3.1
Subd. 2.Water
24,697,000
24,697,000
3.2
Appropriations by Fund
3.3
2014
2015
3.4
General
3,737,000
3,737,000
3.5
3.6
State Government
Special Revenue
75,000
75,000
3.7
Environmental
20,885,000
20,885,000
3.8$1,378,000 the first year and $1,378,000 the
3.9second year are for water program operations.
3.10$1,959,000 the first year and $1,959,000
3.11the second year are for grants to delegated
3.12counties to administer the county feedlot
3.13program under Minnesota Statutes, section
3.14116.0711, subdivisions 2 and 3. Money
3.15remaining after the first year is available for
3.16the second year.
3.17$740,000 the first year and $740,000 the
3.18second year are from the environmental
3.19fund to address the need for continued
3.20increased activity in the areas of new
3.21technology review, technical assistance
3.22for local governments, and enforcement
3.23under Minnesota Statutes, sections 115.55
3.24to 115.58, and to complete the requirements
3.25of Laws 2003, chapter 128, article 1, section
3.26165.
3.27$400,000 the first year and $400,000
3.28the second year are for the clean water
3.29partnership program. Any unexpended
3.30balance in the first year does not cancel but
3.31is available in the second year. Priority shall
3.32be given to projects preventing impairments
3.33and degradation of lakes, rivers, streams,
3.34and groundwater according to Minnesota
3.35Statutes, section 114D.20, subdivision 2,
3.36clause (4).
4.1$664,000 the first year and $664,000 the
4.2second year are from the environmental
4.3fund for subsurface sewage treatment
4.4system (SSTS) program administration
4.5and community technical assistance and
4.6education, including grants and technical
4.7assistance to communities for water quality
4.8protection. Of this amount, $80,000 each
4.9year is for assistance to counties through
4.10grants for SSTS program administration.
4.11Any unexpended balance in the first year does
4.12not cancel but is available in the second year.
4.13$105,000 the first year and $105,000 the
4.14second year are from the environmental fund
4.15for registration of wastewater laboratories.
4.16Notwithstanding Minnesota Statutes, section
4.1716A.28, the appropriations encumbered on or
4.18before June 30, 2015, as grants or contracts
4.19for SSTS's, surface water and groundwater
4.20assessments, total maximum daily loads,
4.21storm water, and water quality protection in
4.22this subdivision are available until June 30,
4.232018.
4.24
Subd. 3.Air
15,031,000
15,201,000
4.25
Appropriations by Fund
4.26
2014
2015
4.27
Environmental
15,031,000
15,201,000
4.28$200,000 the first year and $200,000 the
4.29second year are from the environmental fund
4.30for a monitoring program under Minnesota
4.31Statutes, section 116.454.
4.32Up to $150,000 the first year and $150,000
4.33the second year may be transferred from the
4.34environmental fund to the small business
4.35environmental improvement loan account
5.1established in Minnesota Statutes, section
5.2116.993.
5.3$125,000 the first year and $125,000 the
5.4second year are from the environmental fund
5.5for monitoring ambient air for hazardous
5.6pollutants in the metropolitan area.
5.7$900,000 the first year and $900,000 the
5.8second year are from the environmental
5.9fund for emission reductions activities and
5.10grants to small businesses and other nonpoint
5.11emission reduction efforts. Any unexpended
5.12balance in the first year does not cancel but is
5.13available in the second year.
5.14
Subd. 4.Land
17,412,000
17,412,000
5.15
Appropriations by Fund
5.16
2014
2015
5.17
Environmental
6,916,000
6,916,000
5.18
Remediation
10,496,000
10,496,000
5.19All money for environmental response,
5.20compensation, and compliance in the
5.21remediation fund not otherwise appropriated
5.22is appropriated to the commissioners of the
5.23Pollution Control Agency and agriculture
5.24for purposes of Minnesota Statutes, section
5.25115B.20, subdivision 2, clauses (1), (2),
5.26(3), (6), and (7). At the beginning of each
5.27fiscal year, the two commissioners shall
5.28jointly submit an annual spending plan
5.29to the commissioner of management and
5.30budget that maximizes the utilization of
5.31resources and appropriately allocates the
5.32money between the two departments. This
5.33appropriation is available until June 30, 2015.
5.34$3,616,000 the first year and $3,616,000 the
5.35second year are from the remediation fund for
6.1purposes of the leaking underground storage
6.2tank program to protect the land. These same
6.3annual amounts are transferred from the
6.4petroleum tank fund to the remediation fund.
6.5$252,000 the first year and $252,000 the
6.6second year are from the remediation fund
6.7for transfer to the commissioner of health for
6.8private water supply monitoring and health
6.9assessment costs in areas contaminated
6.10by unpermitted mixed municipal solid
6.11waste disposal facilities and drinking water
6.12advisories and public information activities
6.13for areas contaminated by hazardous releases.
6.14
6.15
Subd. 5.Environmental Assistance and
Cross-Media
26,849,000
26,824,000
6.16
Appropriations by Fund
6.17
2014
2015
6.18
Environmental
25,848,000
25,823,000
6.19
General
1,001,000
1,001,000
6.20$14,250,000 the first year and $14,250,000
6.21the second year are from the environmental
6.22fund for SCORE block grants to counties.
6.23$119,000 the first year and $119,000 the
6.24second year are from the environmental
6.25fund for environmental assistance grants
6.26or loans under Minnesota Statutes, section
6.27115A.0716. Any unencumbered grant and
6.28loan balances in the first year do not cancel
6.29but are available for grants and loans in the
6.30second year.
6.31$89,000 the first year and $89,000 the
6.32second year are from the environmental fund
6.33for duties related to harmful chemicals in
6.34products under Minnesota Statutes, sections
6.35116.9401 to 116.9407. Of this amount,
7.1$57,000 each year is transferred to the
7.2commissioner of health.
7.3$200,000 the first year and $200,000 the
7.4second year are from the environmental
7.5fund for the costs of implementing general
7.6operating permits for feedlots over 1,000
7.7animal units.
7.8$600,000 the first year and $600,000 the
7.9second year are from the environmental
7.10fund to address environmental health risks.
7.11Of this amount, $499,000 the first year and
7.12$499,000 the second year are for transfer to
7.13the Department of Health.
7.14$312,000 the first year and $312,000 the
7.15second year are from the general fund and
7.16$188,000 the first year and $188,000 the
7.17second year are from the environmental fund
7.18for Environmental Quality Board operations
7.19and support.
7.20$75,000 the first year and $50,000 the second
7.21year are from the environmental fund for
7.22transfer to the Office of Administrative
7.23Hearings to establish sanitary districts.
7.24All money deposited in the environmental
7.25fund for the metropolitan solid waste
7.26landfill fee in accordance with Minnesota
7.27Statutes, section 473.843, and not otherwise
7.28appropriated, is appropriated for the purposes
7.29of Minnesota Statutes, section 473.844.
7.30Notwithstanding Minnesota Statutes, section
7.3116A.28, the appropriations encumbered on
7.32or before June 30, 2015, as contracts or
7.33grants for surface water and groundwater
7.34assessments; environmental assistance
7.35awarded under Minnesota Statutes, section
8.1115A.0716; technical and research assistance
8.2under Minnesota Statutes, section 115A.152;
8.3technical assistance under Minnesota
8.4Statutes, section 115A.52; and pollution
8.5prevention assistance under Minnesota
8.6Statutes, section 115D.04, are available until
8.7June 30, 2017.
8.8
Subd. 6.Administrative Support
371,000
371,000

8.9
Sec. 4. NATURAL RESOURCES
8.10
Subdivision 1.Total Appropriation
$
233,720,000
$
233,720,000
8.11
Appropriations by Fund
8.12
2014
2015
8.13
General
57,089,000
57,089,000
8.14
Natural Resources
84,959,000
84,959,000
8.15
Game and Fish
91,372,000
91,372,000
8.16
Remediation
100,000
100,000
8.17
Permanent School
200,000
200,000
8.18The amounts that may be spent for each
8.19purpose are specified in the following
8.20subdivisions.
8.21
8.22
Subd. 2.Land and Mineral Resources
Management
5,928,000
5,928,000
8.23
Appropriations by Fund
8.24
2014
2015
8.25
General
722,000
722,000
8.26
Natural Resources
3,555,000
3,555,000
8.27
Game and Fish
1,451,000
1,451,000
8.28
Permanent School
200,000
200,000
8.29$68,000 the first year and $68,000 the
8.30second year are for minerals cooperative
8.31environmental research, of which $34,000
8.32the first year and $34,000 the second year are
8.33available only as matched by $1 of nonstate
8.34money for each $1 of state money. The
8.35match may be cash or in-kind.
9.1$251,000 the first year and $251,000 the
9.2second year are for iron ore cooperative
9.3research. Of this amount, $200,000 each year
9.4is from the minerals management account
9.5in the natural resources fund. $175,000 the
9.6first year and $175,000 the second year are
9.7available only as matched by $1 of nonstate
9.8money for each $1 of state money. The match
9.9may be cash or in-kind. Any unencumbered
9.10balance from the first year does not cancel
9.11and is available in the second year.
9.12$2,779,000 the first year and $2,779,000
9.13the second year are from the minerals
9.14management account in the natural resources
9.15fund for use as provided in Minnesota
9.16Statutes, section 93.2236, paragraph (c),
9.17for mineral resource management, projects
9.18to enhance future mineral income, and
9.19projects to promote new mineral resource
9.20opportunities.
9.21$200,000 the first year and $200,000 the
9.22second year are from the state forest suspense
9.23account in the permanent school fund to
9.24accelerate land exchanges, land sales, and
9.25commercial leasing of school trust lands and
9.26to identify, evaluate, and lease construction
9.27aggregate located on school trust lands. This
9.28appropriation is to be used for securing
9.29maximum long-term economic return
9.30from the school trust lands consistent with
9.31fiduciary responsibilities and sound natural
9.32resources conservation and management
9.33principles.
9.34
Subd. 3.Ecological and Water Resources
25,727,000
25,727,000
10.1
Appropriations by Fund
10.2
2014
2015
10.3
General
11,262,000
11,262,000
10.4
Natural Resources
10,402,000
10,402,000
10.5
Game and Fish
4,063,000
4,063,000
10.6$2,942,000 the first year and $2,942,000 the
10.7second year are from the invasive species
10.8account in the natural resources fund and
10.9$3,706,000 the first year and $3,706,000 the
10.10second year are from the general fund for
10.11management, public awareness, assessment
10.12and monitoring research, and water access
10.13inspection to prevent the spread of invasive
10.14species; management of invasive plants in
10.15public waters; and management of terrestrial
10.16invasive species on state-administered lands.
10.17Of this amount, up to $200,000 each year
10.18is from the invasive species account in the
10.19natural resources fund for liability insurance
10.20coverage for Asian carp deterrent barriers.
10.21$5,000,000 the first year and $5,000,000 the
10.22second year are from the water management
10.23account in the natural resources fund for only
10.24the purposes specified in Minnesota Statutes,
10.25section 103G.27, subdivision 2.
10.26$53,000 the first year and $53,000 the
10.27second year are for a grant to the Mississippi
10.28Headwaters Board for up to 50 percent of
10.29the cost of implementing the comprehensive
10.30plan for the upper Mississippi within areas
10.31under the board's jurisdiction.
10.32$5,000 the first year and $5,000 the second
10.33year are for payment to the Leech Lake Band
10.34of Chippewa Indians to implement the band's
10.35portion of the comprehensive plan for the
10.36upper Mississippi.
11.1$264,000 the first year and $264,000 the
11.2second year are for grants for up to 50
11.3percent of the cost of implementation of
11.4the Red River mediation agreement. The
11.5commissioner shall submit a report to the
11.6chairs of the legislative committees having
11.7primary jurisdiction over environment and
11.8natural resources policy and finance on the
11.9accomplishments achieved with the grants
11.10by January 15, 2015.
11.11$1,643,000 the first year and $1,643,000
11.12the second year are from the heritage
11.13enhancement account in the game and
11.14fish fund for only the purposes specified
11.15in Minnesota Statutes, section 297A.94,
11.16paragraph (e), clause (1).
11.17$1,223,000 the first year and $1,223,000 the
11.18second year are from the nongame wildlife
11.19management account in the natural resources
11.20fund for the purpose of nongame wildlife
11.21management. Notwithstanding Minnesota
11.22Statutes, section 290.431, $100,000 the first
11.23year and $100,000 the second year may
11.24be used for nongame wildlife information,
11.25education, and promotion.
11.26
Subd. 4.Forest Management
36,260,000
36,260,000
11.27
Appropriations by Fund
11.28
2014
2015
11.29
General
21,350,000
21,350,000
11.30
Natural Resources
13,623,000
13,623,000
11.31
Game and Fish
1,287,000
1,287,000
11.32$7,145,000 the first year and $7,145,000
11.33the second year are for prevention,
11.34presuppression, and suppression costs of
11.35emergency firefighting and other costs
11.36incurred under Minnesota Statutes, section
12.188.12. The amount necessary to pay for
12.2presuppression and suppression costs during
12.3the biennium is appropriated from the general
12.4fund.
12.5By January 15 of each year, the commissioner
12.6of natural resources shall submit a report to
12.7the chairs and ranking minority members
12.8of the house and senate committees
12.9and divisions having jurisdiction over
12.10environment and natural resources finance,
12.11identifying all firefighting costs incurred
12.12and reimbursements received in the prior
12.13fiscal year. These appropriations may
12.14not be transferred. Any reimbursement
12.15of firefighting expenditures made to the
12.16commissioner from any source other than
12.17federal mobilizations shall be deposited into
12.18the general fund.
12.19$13,623,000 the first year and $13,623,000
12.20the second year are from the forest
12.21management investment account in the
12.22natural resources fund for only the purposes
12.23specified in Minnesota Statutes, section
12.2489.039, subdivision 2.
12.25$1,287,000 the first year and $1,287,000
12.26the second year are from the game and fish
12.27fund to advance ecological classification
12.28systems (ECS) scientific management tools
12.29for forest and invasive species management.
12.30This appropriation is from revenue deposited
12.31in the game and fish fund under Minnesota
12.32Statutes, section 297A.94, paragraph (e),
12.33clause (1).
12.34$580,000 the first year and $580,000 the
12.35second year are for the Forest Resources
13.1Council for implementation of the
13.2Sustainable Forest Resources Act.
13.3$250,000 the first year and $250,000 the
13.4second year are for the FORIST system.
13.5
Subd. 5.Parks and Trails Management
67,552,000
67,552,000
13.6
Appropriations by Fund
13.7
2014
2015
13.8
General
19,780,000
19,780,000
13.9
Natural Resources
45,513,000
45,513,000
13.10
Game and Fish
2,259,000
2,259,000
13.11$1,075,000 the first year and $1,075,000 the
13.12second year are from the water recreation
13.13account in the natural resources fund for
13.14enhancing public water access facilities.
13.15$5,740,000 the first year and $5,740,000 the
13.16second year are from the natural resources
13.17fund for state trail, park, and recreation area
13.18operations. This appropriation is from the
13.19revenue deposited in the natural resources
13.20fund under Minnesota Statutes, section
13.21297A.94, paragraph (e), clause (2).
13.22$1,005,000 the first year and $1,005,000 the
13.23second year are from the natural resources
13.24fund for trail grants to local units of
13.25government on land to be maintained for at
13.26least 20 years for the purposes of the grants.
13.27This appropriation is from the revenue
13.28deposited in the natural resources fund
13.29under Minnesota Statutes, section 297A.94,
13.30paragraph (e), clause (4). Any unencumbered
13.31balance does not cancel at the end of the first
13.32year and is available for the second year.
13.33$8,424,000 the first year and $8,424,000
13.34the second year are from the snowmobile
13.35trails and enforcement account in the
14.1natural resources fund for the snowmobile
14.2grants-in-aid program. Any unencumbered
14.3balance does not cancel at the end of the first
14.4year and is available for the second year.
14.5$1,460,000 the first year and $1,460,000 the
14.6second year are from the natural resources
14.7fund for the off-highway vehicle grants-in-aid
14.8program. Of this amount, $1,210,000 each
14.9year is from the all-terrain vehicle account;
14.10$150,000 each year is from the off-highway
14.11motorcycle account; and $100,000 each year
14.12is from the off-road vehicle account. Any
14.13unencumbered balance does not cancel at the
14.14end of the first year and is available for the
14.15second year.
14.16$75,000 the first year and $75,000 the second
14.17year are from the cross country ski account
14.18in the natural resources fund for grooming
14.19and maintaining cross country ski trails in
14.20state parks, trails, and recreation areas.
14.21
Subd. 6.Fish and Wildlife Management
62,775,000
62,775,000
14.22
Appropriations by Fund
14.23
2014
2015
14.24
Natural Resources
1,906,000
1,906,000
14.25
Game and Fish
60,869,000
60,869,000
14.26$8,167,000 the first year and $8,167,000
14.27the second year are from the heritage
14.28enhancement account in the game and fish
14.29fund only for activities specified in Minnesota
14.30Statutes, section 297A.94, paragraph (e),
14.31clause (1). Notwithstanding Minnesota
14.32Statutes, section 297A.94, five percent of
14.33this appropriation may be used for expanding
14.34hunter and angler recruitment and retention.
15.1Notwithstanding Minnesota Statutes, section
15.284.943, $13,000 the first year and $13,000
15.3the second year from the critical habitat
15.4private sector matching account may be used
15.5to publicize the critical habitat license plate
15.6match program.
15.7
Subd. 7.Enforcement
35,158,000
35,158,000
15.8
Appropriations by Fund
15.9
2014
2015
15.10
General
3,975,000
3,975,000
15.11
Natural Resources
9,640,000
9,640,000
15.12
Game and Fish
21,443,000
21,443,000
15.13
Remediation
100,000
100,000
15.14$1,718,000 the first year and $1,718,000 the
15.15second year are from the general fund for
15.16enforcement efforts to prevent the spread of
15.17aquatic invasive species.
15.18$1,450,000 the first year and $1,450,000
15.19the second year are from the heritage
15.20enhancement account in the game and
15.21fish fund for only the purposes specified
15.22in Minnesota Statutes, section 297A.94,
15.23paragraph (e), clause (1).
15.24$250,000 the first year and $250,000 the
15.25second year are for the conservation officer
15.26pre-employment education program. Of this
15.27amount, $30,000 each year is from the water
15.28recreation account, $13,000 each year is
15.29from the snowmobile account, and $20,000
15.30each year is from the all-terrain vehicle
15.31account in the natural resources fund; and
15.32$187,000 each year is from the game and fish
15.33fund, of which $17,000 each year is from
15.34revenue deposited to the game and fish fund
15.35under Minnesota Statutes, section 297A.94,
15.36paragraph (e), clause (1).
16.1$1,082,000 the first year and $1,082,000 the
16.2second year are from the water recreation
16.3account in the natural resources fund for
16.4grants to counties for boat and water safety.
16.5Any unencumbered balance does not cancel
16.6at the end of the first year and is available for
16.7the second year.
16.8$315,000 the first year and $315,000 the
16.9second year are from the snowmobile
16.10trails and enforcement account in the
16.11natural resources fund for grants to local
16.12law enforcement agencies for snowmobile
16.13enforcement activities. Any unencumbered
16.14balance does not cancel at the end of the first
16.15year and is available for the second year.
16.16$250,000 the first year and $250,000 the
16.17second year are from the all-terrain vehicle
16.18account for grants to qualifying organizations
16.19to assist in safety and environmental
16.20education and monitoring trails on public
16.21lands under Minnesota Statutes, section
16.2284.9011. Grants issued under this paragraph:
16.23(1) must be issued through a formal
16.24agreement with the organization; and
16.25(2) must not be used as a substitute for
16.26traditional spending by the organization.
16.27By December 15 each year, an organization
16.28receiving a grant under this paragraph shall
16.29report to the commissioner with details on
16.30expenditures and outcomes from the grant.
16.31Of this appropriation, $25,000 each year
16.32is for administration of these grants. Any
16.33unencumbered balance does not cancel at the
16.34end of the first year and is available for the
16.35second year.
17.1$510,000 the first year and $510,000
17.2the second year are from the natural
17.3resources fund for grants to county law
17.4enforcement agencies for off-highway
17.5vehicle enforcement and public education
17.6activities based on off-highway vehicle use
17.7in the county. Of this amount, $498,000 each
17.8year is from the all-terrain vehicle account;
17.9$11,000 each year is from the off-highway
17.10motorcycle account; and $1,000 each year
17.11is from the off-road vehicle account. The
17.12county enforcement agencies may use
17.13money received under this appropriation
17.14to make grants to other local enforcement
17.15agencies within the county that have a high
17.16concentration of off-highway vehicle use.
17.17Of this appropriation, $25,000 each year
17.18is for administration of these grants. Any
17.19unencumbered balance does not cancel at the
17.20end of the first year and is available for the
17.21second year.
17.22
Subd. 8.Operations Support
320,000
320,000
17.23
Appropriations by Fund
17.24
2014
2015
17.25
Natural Resources
320,000
320,000
17.26$320,000 the first year and $320,000 the
17.27second year are from the natural resources
17.28fund for grants to be divided equally between
17.29the city of St. Paul for the Como Park Zoo
17.30and Conservatory and the city of Duluth
17.31for the Duluth Zoo. This appropriation
17.32is from the revenue deposited to the fund
17.33under Minnesota Statutes, section 297A.94,
17.34paragraph (e), clause (5).
18.1$300,000 the first year and $300,000 the
18.2second year are from the special revenue fund
18.3to improve data analytics. The commissioner
18.4may bill the divisions of the agency an
18.5appropriate share of costs associated with
18.6this project. Any information technology
18.7development, support, or costs necessary for
18.8this project shall be incorporated into the
18.9agency's service level agreement with and
18.10paid to the Office of Enterprise Technology.

18.11
18.12
Sec. 5. BOARD OF WATER AND SOIL
RESOURCES
$
13,133,000
$
13,133,000
18.13$3,423,000 the first year and $3,423,000 the
18.14second year are for natural resources block
18.15grants to local governments. Grants must be
18.16matched with a combination of local cash or
18.17in-kind contributions. The base grant portion
18.18related to water planning must be matched
18.19by an amount as specified by Minnesota
18.20Statutes, section 103B.3369. The board may
18.21reduce the amount of the natural resources
18.22block grant to a county by an amount equal to
18.23any reduction in the county's general services
18.24allocation to a soil and water conservation
18.25district from the county's previous year
18.26allocation when the board determines that
18.27the reduction was disproportionate.
18.28$3,116,000 the first year and $3,116,000
18.29the second year are for grants requested
18.30by soil and water conservation districts for
18.31general purposes, nonpoint engineering, and
18.32implementation of the reinvest in Minnesota
18.33reserve program. Upon approval of the
18.34board, expenditures may be made from these
18.35appropriations for supplies and services
19.1benefiting soil and water conservation
19.2districts. Any district requesting a grant
19.3under this paragraph shall maintain a Web
19.4page that publishes, at a minimum, its annual
19.5report, annual audit, annual budget, and
19.6meeting notices and minutes.
19.7$1,560,000 the first year and $1,560,000
19.8the second year are for grants to soil and
19.9water conservation districts for cost-sharing
19.10contracts for erosion control, water quality
19.11management, and feedlot water quality
19.12projects.
19.13$386,000 the first year and $386,000 the
19.14second year are for implementation and
19.15oversight of the Wetland Conservation Act.
19.16$166,000 the first year and $166,000 the
19.17second year are to provide assistance to local
19.18drainage management officials and for the
19.19costs of the Drainage Work Group.
19.20$100,000 the first year and $100,000 the
19.21second year are for a grant to the Red
19.22River Basin Commission for water quality
19.23and floodplain management, including
19.24administration of programs. If the
19.25appropriation in either year is insufficient, the
19.26appropriation in the other year is available
19.27for it.
19.28$120,000 the first year and $120,000
19.29the second year are for grants to Area
19.30II Minnesota River Basin Projects for
19.31floodplain management.
19.32$42,000 each year is to the Minnesota River
19.33Board for expenses to measure and report the
19.34results of projects in the 12 major watersheds
19.35within the Minnesota River basin.
20.1Notwithstanding Minnesota Statutes, section
20.2103C.501, the board may shift cost-share
20.3funds in this section and may adjust the
20.4technical and administrative assistance
20.5portion of the grant funds to leverage
20.6federal or other nonstate funds or to address
20.7high-priority needs identified in local water
20.8management plans or comprehensive water
20.9management plans.
20.10$450,000 the first year and $450,000 the
20.11second year are for assistance and grants to
20.12local governments to transition local water
20.13management plans to a watershed approach
20.14as provided for in Minnesota Statutes,
20.15chapters 103B, 103C, 103D, and 114D.
20.16$125,000 the first year and $125,000 the
20.17second year are to implement internal control
20.18policies and provide related oversight and
20.19accountability for agency programs.
20.20The appropriations for grants in this
20.21section are available until expended. If an
20.22appropriation for grants in either year is
20.23insufficient, the appropriation in the other
20.24year is available for it.

20.25
Sec. 6. METROPOLITAN COUNCIL
$
8,540,000
$
8,540,000
20.26
Appropriations by Fund
20.27
2014
2015
20.28
General
2,870,000
2,870,000
20.29
Natural Resources
5,670,000
5,670,000
20.30$2,870,000 the first year and $2,870,000 the
20.31second year are for metropolitan area regional
20.32parks operation and maintenance according
20.33to Minnesota Statutes, section 473.351.
21.1$5,670,000 the first year and $5,670,000 the
21.2second year are from the natural resources
21.3fund for metropolitan area regional parks
21.4and trails maintenance and operations. This
21.5appropriation is from the revenue deposited
21.6in the natural resources fund under Minnesota
21.7Statutes, section 297A.94, paragraph (e),
21.8clause (3).

21.9
21.10
Sec. 7. CONSERVATION CORPS
MINNESOTA
$
945,000
$
945,000
21.11
Appropriations by Fund
21.12
2014
2015
21.13
General
455,000
455,000
21.14
Natural Resources
490,000
490,000
21.15Conservation Corps Minnesota may receive
21.16money appropriated from the natural
21.17resources fund under this section only
21.18as provided in an agreement with the
21.19commissioner of natural resources.

21.20
Sec. 8. ZOOLOGICAL BOARD
$
5,585,000
$
5,585,000
21.21
Appropriations by Fund
21.22
2014
2015
21.23
General
5,425,000
5,425,000
21.24
Natural Resources
160,000
160,000
21.25$160,000 the first year and $160,000 the
21.26second year are from the natural resources
21.27fund from the revenue deposited under
21.28Minnesota Statutes, section 297A.94,
21.29paragraph (e), clause (5).

21.30
Sec. 9. DEPARTMENT OF COMMERCE
21.31
Subdivision 1.Total Appropriation
$
25,031,000
$
25,031,000
21.32
Appropriations by Fund
21.33
2014
2015
21.34
General
23,228,000
23,228,000
22.1
Petroleum Tank
1,052,000
1,052,000
22.2
22.3
Workers'
Compensation
751,000
751,000
22.4The amounts that may be spent for each
22.5purpose are specified in the following
22.6subdivisions.
22.7
Subd. 2.Financial Institutions
4,885,000
4,885,000
22.8$142,000 each year is for the regulation of
22.9mortgage originators and servicers under
22.10Minnesota Statutes, chapters 58 and 58A.
22.11
22.12
Subd. 3.Petroleum Tank Release
Compensation Board
1,052,000
1,052,000
22.13This appropriation is from the petroleum
22.14tank fund.
22.15
Subd. 4.Administrative Services
6,490,000
6,490,000
22.16$375,000 each year is for additional
22.17compliance efforts with unclaimed property.
22.18The commissioner may issue contracts for
22.19these services.
22.20Fees for the Weights and Measures Unit will
22.21be increased by 30 percent during fiscal year
22.222014 and forward. All fees are deposited to
22.23the general fund as nondedicated revenue.
22.24
Subd. 5.Telecommunications
1,259,000
1,259,000
22.25$250,000 each year is for the Broadband
22.26Development Office.
22.27The following transfer is from the
22.28telecommunications access Minnesota
22.29fund. $300,000 the first year and $300,000
22.30the second year and each year thereafter
22.31are for transfer to the commissioner of
22.32human services to supplement the ongoing
22.33operational expenses of the Commission
23.1of Deaf, DeafBlind, and Hard-of-Hearing
23.2Minnesotans.
23.3
Subd. 6.Enforcement
4,178,000
4,178,000
23.4
Appropriations by Fund
23.5
General
3,980,000
3,980,000
23.6
23.7
Workers'
Compensation
198,000
198,000
23.8
Subd. 7.Energy Resources
3,252,000
3,252,000
23.9
Subd. 8.Insurance
3,915,000
3,915,000
23.10
Appropriations by Fund
23.11
General
3,362,000
3,362,000
23.12
23.13
Workers'
Compensation
553,000
553,000

23.14
Sec. 10. PUBLIC UTILITIES COMMISSION
$
6,178,000
$
6,178,000

23.15ARTICLE 2
23.16ENVIRONMENT, NATURAL RESOURCES, AND COMMERCE POLICY

23.17    Section 1. Minnesota Statutes 2012, section 13.7411, subdivision 4, is amended to read:
23.18    Subd. 4. Waste management. (a) Product stewardship programs. Trade secret
23.19information submitted to the Pollution Control Agency under product stewardship
23.20programs are classified under sections 115A.141 to 115A.142.
23.21(b) Transfer station data. Data received by a county or district from a transfer
23.22station under section 115A.84, subdivision 5, are classified under that section.
23.23(b) (c) Solid waste records. Records of solid waste facilities received, inspected,
23.24or copied by a county pursuant to section 115A.882 are classified pursuant to section
23.25115A.882, subdivision 3 .
23.26(c) (d) Customer lists. Customer lists provided to counties or cities by solid waste
23.27collectors are classified under section 115A.93, subdivision 5.

23.28    Sec. 2. Minnesota Statutes 2012, section 15A.0815, subdivision 3, is amended to read:
23.29    Subd. 3. Group II salary limits. The salaries for positions in this subdivision may
23.30not exceed 85 percent of the salary of the governor:
23.31    Executive director of Gambling Control Board;
23.32    Commissioner, Iron Range Resources and Rehabilitation Board;
23.33    Commissioner, Bureau of Mediation Services;
24.1    Ombudsman for Mental Health and Developmental Disabilities;
24.2    Chair, Metropolitan Council;
24.3    School trust lands director;
24.4    Executive director of pari-mutuel racing; and
24.5    Commissioner, Public Utilities Commission.

24.6    Sec. 3. Minnesota Statutes 2012, section 60A.14, subdivision 1, is amended to read:
24.7    Subdivision 1. Fees other than examination fees. In addition to the fees and
24.8charges provided for examinations, the following fees must be paid to the commissioner
24.9for deposit in the general fund:
24.10(a) by township mutual fire insurance companies;
24.11(1) for filing certificate of incorporation $25 and amendments thereto, $10;
24.12(2) for filing annual statements, $15;
24.13(3) for each annual certificate of authority, $15;
24.14(4) for filing bylaws $25 and amendments thereto, $10;
24.15(b) by other domestic and foreign companies including fraternals and reciprocal
24.16exchanges;
24.17(1) for filing an application for an initial certification of authority to be admitted
24.18to transact business in this state, $1,500;
24.19(2) for filing certified copy of certificate of articles of incorporation, $100;
24.20(3) for filing annual statement, $225;
24.21(4) for filing certified copy of amendment to certificate or articles of incorporation,
24.22$100;
24.23(5) for filing bylaws, $75 or amendments thereto, $75;
24.24(6) for each company's certificate of authority, $575, annually;
24.25(c) the following general fees apply:
24.26(1) for each certificate, including certified copy of certificate of authority, renewal,
24.27valuation of life policies, corporate condition or qualification, $25;
24.28(2) for each copy of paper on file in the commissioner's office 50 cents per page,
24.29and $2.50 for certifying the same;
24.30(3) for license to procure insurance in unadmitted foreign companies, $575;
24.31(4) for valuing the policies of life insurance companies, one cent per $1,000 of
24.32insurance so valued, provided that the fee shall not exceed $13,000 per year for any
24.33company. The commissioner may, in lieu of a valuation of the policies of any foreign life
24.34insurance company admitted, or applying for admission, to do business in this state, accept
25.1a certificate of valuation from the company's own actuary or from the commissioner of
25.2insurance of the state or territory in which the company is domiciled;
25.3(5) for receiving and filing certificates of policies by the company's actuary, or by
25.4the commissioner of insurance of any other state or territory, $50;
25.5(6) for each appointment of an agent filed with the commissioner, $10 $30;
25.6(7) for filing forms, rates, and compliance certifications under section 60A.315, $140
25.7per filing, or $125 per filing when submitted via electronic filing system. Filing fees
25.8may be paid on a quarterly basis in response to an invoice. Billing and payment may
25.9be made electronically;
25.10(8) for annual renewal of surplus lines insurer license, $300.
25.11The commissioner shall adopt rules to define filings that are subject to a fee.

25.12    Sec. 4. Minnesota Statutes 2012, section 85.052, subdivision 6, is amended to read:
25.13    Subd. 6. State park reservation system. (a) The commissioner may, by written
25.14order, develop reasonable reservation policies for campsites and other lodging. These
25.15policies are exempt from rulemaking provisions under chapter 14 and section 14.386
25.16does not apply.
25.17(b) The revenue collected from the state park reservation fee established under
25.18subdivision 5, including interest earned, shall be deposited in the state park account in the
25.19natural resources fund and is annually appropriated to the commissioner for the cost of
25.20the state park reservation system.
25.21EFFECTIVE DATE.This section is effective retroactively from March 1, 2012.

25.22    Sec. 5. Minnesota Statutes 2012, section 85.054, is amended by adding a subdivision
25.23to read:
25.24    Subd. 18. La Salle Lake State Recreation Area. A state park permit is not
25.25required and a fee may not be charged for motor vehicle entry, use, or parking in La Salle
25.26Lake State Recreation Area unless the occupants of the vehicle enter, use, or park in a
25.27developed campground or day-use area.

25.28    Sec. 6. Minnesota Statutes 2012, section 85.055, subdivision 2, is amended to read:
25.29    Subd. 2. Fee deposit and appropriation. The fees collected under this section shall
25.30be deposited in the natural resources fund and credited to the state parks account. Money
25.31in the account, except for the electronic licensing system commission established by the
25.32commissioner under section 84.027, subdivision 15, and the state park reservation system
26.1fee established by the commissioner under section 85.052, subdivisions 5 and 6, is available
26.2for appropriation to the commissioner to operate and maintain the state park system.

26.3    Sec. 7. Minnesota Statutes 2012, section 89.0385, is amended to read:
26.489.0385 FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
26.5CERTIFICATION.
26.6(a) After each fiscal year, The commissioner shall certify the total costs incurred for
26.7forest management, forest improvement, and road improvement on state-managed lands
26.8during that year. The commissioner shall distribute forest management receipts credited to
26.9various accounts according to this section.
26.10(b) The amount of the certified costs incurred for forest management activities on
26.11state lands shall be transferred from the account where receipts are deposited to the forest
26.12management investment account in the natural resources fund, except for those costs
26.13certified under section 16A.125. Transfers may occur quarterly, based on quarterly cost and
26.14revenue reports, throughout the fiscal year, with final certification and reconciliation after
26.15each fiscal year. Transfers in a fiscal year cannot exceed receipts credited to the account.

26.16    Sec. 8. Minnesota Statutes 2012, section 89.17, is amended to read:
26.1789.17 LEASES AND PERMITS.
26.18(a) Notwithstanding the permit procedures of chapter 90, the commissioner shall
26.19have power to grant and execute, in the name of the state, leases and permits for the use of
26.20any forest lands under the authority of the commissioner for any purpose which in the
26.21commissioner's opinion is not inconsistent with the maintenance and management of the
26.22forest lands, on forestry principles for timber production. Every such lease or permit shall
26.23be revocable at the discretion of the commissioner at any time subject to such conditions
26.24as may be agreed on in the lease. The approval of the commissioner of administration
26.25shall not be required upon any such lease or permit. No such lease or permit for a period
26.26exceeding 21 years shall be granted except with the approval of the Executive Council.
26.27(b) Public access to the leased land for outdoor recreation shall be the same as
26.28access would be under state management.
26.29(c) The commissioner shall, by written order, establish the schedule of application
26.30fees for all leases issued under this section. Notwithstanding section 16A.1285, subdivision
26.312, the application fees shall be set at a rate that neither significantly overrecovers nor
26.32underrecovers costs, including overhead costs, involved in providing the services at the
26.33time of issuing the leases. The commissioner shall update the schedule of application fees
27.1every five years. The schedule of application fees and any adjustment to the schedule are
27.2not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
27.3(d) Money received under paragraph (c) must be deposited in the land management
27.4account in the natural resources fund and is appropriated to the commissioner to cover the
27.5reasonable costs incurred for issuing leases.
27.6(e) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable
27.7costs incurred for preparing and issuing the lease application fee paid according to
27.8paragraph (c), all remaining proceeds from the leasing of school trust land and university
27.9land for roads on forest lands must be deposited into the respective permanent fund for
27.10the lands.

27.11    Sec. 9. Minnesota Statutes 2012, section 92.50, is amended to read:
27.1292.50 UNSOLD LANDS SUBJECT TO SALE MAY BE LEASED.
27.13    Subdivision 1. Lease terms. (a) The commissioner of natural resources may lease
27.14land under the commissioner's jurisdiction and control:
27.15(1) to remove sand, gravel, clay, rock, marl, peat, and black dirt;
27.16(2) to store ore, waste materials from mines, or rock and tailings from ore milling
27.17plants;
27.18(3) for roads or railroads; or
27.19(4) for other uses consistent with the interests of the state.
27.20(b) The commissioner shall offer the lease at public or private sale for an amount
27.21and under terms and conditions prescribed by the commissioner. Commercial leases for
27.22more than ten years and leases for removal of peat that cover 320 or more acres must be
27.23approved by the Executive Council.
27.24(c) The lease term may not exceed 21 years except:
27.25(1) leases of lands for storage sites for ore, waste materials from mines, or rock and
27.26tailings from ore milling plants, or for the removal of peat for nonagricultural purposes
27.27may not exceed a term of 25 years; and
27.28(2) leases for commercial purposes, including major resort, convention center, or
27.29recreational area purposes, may not exceed a term of 40 years.
27.30(d) Leases must be subject to sale and leasing of the land for mineral purposes and
27.31contain a provision for cancellation for just cause at any time by the commissioner upon
27.32six months' written notice. A longer notice period, not exceeding three years, may be
27.33provided in leases for storing ore, waste materials from mines or rock or tailings from ore
27.34milling plants. The commissioner may determine the terms and conditions, including the
27.35notice period, for cancellation of a lease for the removal of peat and commercial leases.
28.1(e) Except as provided in subdivision 3, money received from leases under this
28.2section must be credited to the fund to which the land belongs.
28.3    Subd. 2. Leases for tailings deposits. The commissioner may grant leases and
28.4licenses to deposit tailings from any iron ore beneficiation plant in any public lake not
28.5exceeding 160 acres in area after holding a public hearing in the manner and under the
28.6procedure provided in Laws 1937, chapter 468, as amended and finding in pursuance
28.7of the hearing:
28.8(a) that such use of each lake is necessary and in the best interests of the public; and
28.9(b) that the proposed use will not result in pollution or sedimentation of any outlet
28.10stream.
28.11The lease or license may not exceed a term of 25 years and must be subject to
28.12cancellation on three years' notice. The commissioner may further restrict use of the lake
28.13to safeguard the public interest, and may require that the lessee or licensee acquire suitable
28.14permits or easements from the owners of lands riparian to the lake. Except as provided
28.15in subdivision 3, money received from the leases or licenses must be deposited in the
28.16permanent school fund.
28.17    Subd. 3. Application fees. (a) The commissioner shall, by written order, establish
28.18the schedule of application fees for all leases issued under this section. Notwithstanding
28.19section 16A.1285, subdivision 2, the application fees shall be set at a rate that neither
28.20significantly overrecovers nor underrecovers costs, including overhead costs, involved in
28.21providing the services at the time of issuing the leases. The commissioner shall update
28.22the schedule of application fees every five years. The schedule of application fees and
28.23any adjustment to the schedule are not subject to the rulemaking provision of chapter 14
28.24and section 14.386 does not apply.
28.25(b) Money received under this subdivision must be deposited in the land management
28.26account in the natural resources fund and is appropriated to the commissioner to cover the
28.27reasonable costs incurred for issuing leases.

28.28    Sec. 10. Minnesota Statutes 2012, section 93.17, subdivision 1, is amended to read:
28.29    Subdivision 1. Lease application. (a) Applications for leases to prospect for iron
28.30ore shall be presented to the commissioner in writing in such form as the commissioner
28.31may prescribe at any time before 4:30 p.m., St. Paul, Minnesota time, on the last business
28.32day before the day specified for the opening of bids, and no bids submitted after that time
28.33shall be considered. The application shall be accompanied by a certified check, cashier's
28.34check, or bank money order payable to the Department of Natural Resources in the sum of
29.1$100 $1,000 for each mining unit. The fee shall be deposited in the minerals management
29.2account in the natural resources fund.
29.3(b) Each application shall be accompanied by a sealed bid setting forth the amount
29.4of royalty per gross ton of crude ore based upon the iron content of the ore when dried at
29.5212 degrees Fahrenheit, in its natural condition or when concentrated, as set out in section
29.693.20 , subdivisions 12 to 18, that the applicant proposes to pay to the state of Minnesota
29.7in case the lease shall be awarded.

29.8    Sec. 11. Minnesota Statutes 2012, section 93.1925, subdivision 2, is amended to read:
29.9    Subd. 2. Application. (a) An application for a negotiated lease shall be submitted to
29.10the commissioner of natural resources. The commissioner shall prescribe the information
29.11to be included in the application. The applicant shall submit with the application a certified
29.12check, cashier's check, or bank money order, payable to the Department of Natural
29.13Resources in the sum of $100 $2,000, as a fee for filing the application. The application
29.14fee shall not be refunded under any circumstances. The application fee shall be deposited
29.15in the minerals management account in the natural resources fund.
29.16(b) The right is reserved to the state to reject any or all applications for a negotiated
29.17lease.

29.18    Sec. 12. Minnesota Statutes 2012, section 93.25, subdivision 2, is amended to read:
29.19    Subd. 2. Lease requirements. (a) All leases for nonferrous metallic minerals or
29.20petroleum must be approved by the Executive Council, and any other mineral lease issued
29.21pursuant to this section that covers 160 or more acres must be approved by the Executive
29.22Council. The rents, royalties, terms, conditions, and covenants of all such leases shall be
29.23fixed by the commissioner according to rules adopted by the commissioner, but no lease
29.24shall be for a longer term than 50 years, and all rents, royalties, terms, conditions, and
29.25covenants shall be fully set forth in each lease issued. The rents and royalties shall be
29.26credited to the funds as provided in section 93.22.
29.27(b) The applicant for a lease must submit with the application a certified check,
29.28cashier's check, or bank money order payable to the Department of Natural Resources
29.29in the sum of:
29.30(1) $1,000 as a fee for filing an application for a lease being offered at public sale;
29.31(2) $1,000 as a fee for filing an application for a lease being offered under the
29.32preference rights lease availability list; and
29.33(3) $2,000 as a fee for filing an application for a lease through negotiation. The
29.34application fee for a negotiated lease shall not be refunded under any circumstances.
30.1The application fee must be deposited in the minerals management account in the natural
30.2resources fund.

30.3    Sec. 13. Minnesota Statutes 2012, section 93.285, subdivision 3, is amended to read:
30.4    Subd. 3. Stockpile mining unit. (a) Any stockpiled iron ore, wherever situated,
30.5may, in the discretion of the commissioner of natural resources, be designated as a
30.6stockpile mining unit for disposal separately from ore in the ground, such designation to
30.7be made according to section 93.15, so far as applicable.
30.8(b) The commissioner may lease the mining unit at public or private sale for an
30.9amount and under terms and conditions prescribed by the commissioner.
30.10(c) The applicant must submit with the application a certified check, cashier's check,
30.11or bank money order payable to the Department of Natural Resources in the sum of $1,000
30.12as a fee for filing an application for a lease being offered at public sale and in the sum of
30.13$2,000 as a fee for filing an application for a lease through negotiation. The application
30.14fee for a negotiated lease shall not be refunded under any circumstances. The application
30.15fee must be deposited in the minerals management account in the natural resources fund.
30.16(d) The lease term may not exceed 25 years. The amount payable for stockpiled iron
30.17ore material shall be at least equivalent to the minimum royalty that would be payable
30.18under section 93.20.

30.19    Sec. 14. Minnesota Statutes 2012, section 93.46, is amended by adding a subdivision
30.20to read:
30.21    Subd. 10. Scram mining. "Scram mining" means a mining operation that produces
30.22natural iron ore, natural iron ore concentrates, or taconite ore as described in section 93.20,
30.23subdivisions 12 to 18, from previously developed stockpiles, tailing basins, underground
30.24mine workings, or open pits and that involves no more than 80 acres of land not previously
30.25affected by mining, or more than 80 acres of land not previously affected by mining
30.26if the operator can demonstrate that impacts would be substantially the same as other
30.27scram operations. "Land not previously affected by mining" means land upon which mine
30.28wastes have not been deposited and land from which materials have not been removed in
30.29connection with the production or extraction of metallic minerals.

30.30    Sec. 15. Minnesota Statutes 2012, section 93.481, subdivision 3, is amended to read:
30.31    Subd. 3. Term of permit; amendment. (a) A permit issued by the commissioner
30.32pursuant to this section shall be granted for the term determined necessary by the
30.33commissioner for the completion of the proposed mining operation, including reclamation
31.1or restoration. The term of a scram mining permit for iron ore or taconite shall be
31.2determined in the same manner as a permit to mine for an iron ore or taconite mining
31.3operation.
31.4(b) A permit may be amended upon written application to the commissioner. A
31.5permit amendment application fee must be submitted with the written application.
31.6The permit amendment application fee is ten 20 percent of the amount provided for in
31.7subdivision 1, clause (3), for an application for the applicable permit to mine. If the
31.8commissioner determines that the proposed amendment constitutes a substantial change to
31.9the permit, the person applying for the amendment shall publish notice in the same manner
31.10as for a new permit, and a hearing shall be held if written objections are received in the
31.11same manner as for a new permit. An amendment may be granted by the commissioner if
31.12the commissioner determines that lawful requirements have been met.

31.13    Sec. 16. Minnesota Statutes 2012, section 93.481, is amended by adding a subdivision
31.14to read:
31.15    Subd. 4a. Release. A permit may not be released fully or partially without the
31.16written approval of the commissioner. A permit release application fee must be submitted
31.17with the written request for the release. The permit release application fee is 20 percent of
31.18the amount provided for in subdivision 1, clause (3), for an application for the applicable
31.19permit to mine.

31.20    Sec. 17. Minnesota Statutes 2012, section 93.481, subdivision 5, is amended to read:
31.21    Subd. 5. Assignment. A permit may not be assigned or otherwise transferred
31.22without the written approval of the commissioner. A permit assignment application fee
31.23must be submitted with the written application. The permit assignment application fee is
31.24ten 20 percent of the amount provided for in subdivision 1, clause (3), for an application
31.25for the applicable permit to mine.

31.26    Sec. 18. Minnesota Statutes 2012, section 93.481, is amended by adding a subdivision
31.27to read:
31.28    Subd. 5a. Preapplication. Before the preparation of an application for a permit to
31.29mine, persons intending to submit an application must meet with the commissioner for a
31.30preapplication conference and site visit. Prospective applicants must also meet with the
31.31commissioner to outline analyses and tests to be conducted if the results of the analyses
31.32and tests will be used for evaluation of the application. A permit preapplication fee must
31.33be submitted before the preapplication conferences, meetings, and site visit with the
32.1commissioner. The permit preapplication fee is 20 percent of the amount provided in
32.2subdivision 1, clause (3), for an application for the applicable permit to mine.

32.3    Sec. 19. Minnesota Statutes 2012, section 93.482, is amended to read:
32.493.482 RECLAMATION FEES.
32.5    Subdivision 1. Annual permit to mine fee. (a) The commissioner shall charge
32.6every person holding a permit to mine an annual permit fee. The fee is payable to the
32.7commissioner by June 30 of each year, beginning in 2009.
32.8(b) The annual permit to mine fee for a an iron ore or taconite mining operation is
32.9$60,000 if the operation had production within the calendar year immediately preceding
32.10the year in which payment is due and $30,000 if there was no production within the
32.11immediately preceding calendar year $84,000.
32.12(c) The annual permit to mine fee for a nonferrous metallic minerals mining
32.13operation is $75,000 if the operation had production within the calendar year immediately
32.14preceding the year in which payment is due and $37,500 if there was no production within
32.15the immediately preceding calendar year.
32.16(d) The annual permit to mine fee for a scram mining operation is $5,000 if the
32.17operation had production within the calendar year immediately preceding the year in
32.18which payment is due and $2,500 if there was no production within the immediately
32.19preceding calendar year $10,250.
32.20(e) The annual permit to mine fee for a peat mining operation is $1,000 if the
32.21operation had production within the calendar year immediately preceding the year in
32.22which payment is due and $500 if there was no production within the immediately
32.23preceding calendar year $1,350.
32.24    Subd. 2. Supplemental application fee for taconite and nonferrous metallic
32.25minerals mining operation. (a) In addition to the application fee specified in section
32.2693.481 , the commissioner shall assess a person submitting an application for a permit
32.27to mine for a taconite or, a nonferrous metallic minerals mining, or peat operation the
32.28reasonable costs for reviewing the application and preparing the permit to mine. For
32.29nonferrous metallic minerals mining, the commissioner shall assess reasonable costs for
32.30monitoring construction of the mining facilities. The commissioner may assess a person
32.31submitting a request for amendment, assignment, or full or partial release of a permit to
32.32mine the reasonable costs for reviewing the request and issuing an approval or denial. The
32.33commissioner may assess a person submitting a request for a preapplication conference,
32.34meetings, and a site visit the reasonable costs for reviewing the request and meeting
32.35with the prospective applicant.
33.1(b) The commissioner must give the applicant an estimate of the supplemental
33.2application fee under this subdivision. The estimate must include a brief description
33.3of the tasks to be performed and the estimated cost of each task. The application fee
33.4under section 93.481 must be subtracted from the estimate of costs to determine the
33.5supplemental application fee.
33.6(c) The applicant and the commissioner shall enter into a written agreement to cover
33.7the estimated costs to be incurred by the commissioner.
33.8(d) The commissioner shall not issue the permit to mine until the applicant has paid
33.9all fees in full. The commissioner shall not issue an approved assignment, amendment,
33.10or release until the applicant has paid all fees in full. Upon completion of construction
33.11of a nonferrous metallic minerals facility, the commissioner shall refund the unobligated
33.12balance of the monitoring fee revenue.

33.13    Sec. 20. [93.60] MINERAL DATA AND INSPECTIONS ADMINISTRATION
33.14ACCOUNT.
33.15    Subdivision 1. Account established; sources. The mineral data and inspections
33.16administration account is established in the special revenue fund in the state treasury.
33.17Interest on the account accrues to the account. Fees charged under sections 93.61 and
33.18103I.601, subdivision 4a, shall be credited to the account.
33.19    Subd. 2. Appropriation; purposes of account. Money in the account is
33.20appropriated annually to the commissioner of natural resources to cover the costs of:
33.21(1) operating and maintaining the drill core library in Hibbing, Minnesota; and
33.22(2) conducting inspections of exploratory borings.

33.23    Sec. 21. [93.61] DRILL CORE LIBRARY ACCESS FEE.
33.24Notwithstanding section 13.03, subdivision 3, a person must pay a fee to access
33.25exploration data, exploration drill core data, mineral evaluation data, and mining data
33.26stored in the drill core library located in Hibbing, Minnesota, and managed by the
33.27commissioner of natural resources. The fee is $250 per day. Alternatively, a person may
33.28obtain an annual pass for a fee of $5,000. The fee must be credited to the mineral data and
33.29inspections administration account established in section 93.60 and is appropriated to the
33.30commissioner of natural resources for the reasonable costs of operating and maintaining
33.31the drill core library.

33.32    Sec. 22. [93.70] STATE-OWNED CONSTRUCTION AGGREGATES
33.33RECLAMATION ACCOUNT.
34.1    Subdivision 1. Account established; sources. The state-owned construction
34.2aggregates reclamation account is created in the special revenue fund in the state treasury.
34.3Interest on the account accrues to the account. Fees charged under section 93.71 shall be
34.4credited to the account.
34.5    Subd. 2. Appropriation; purposes of account. Money in the account is
34.6appropriated annually to the commissioner of natural resources to cover the costs of:
34.7(1) reclaiming state lands administered by the commissioner following cessation of
34.8construction aggregates mining operations on the lands; and
34.9(2) issuing and administering contracts needed for the performance of that
34.10reclamation work.

34.11    Sec. 23. [93.71] STATE-OWNED CONSTRUCTION AGGREGATES
34.12RECLAMATION FEE.
34.13    Subdivision 1. Annual reclamation fee; purpose. Except as provided in
34.14subdivision 4, the commissioner of natural resources shall charge a person who holds
34.15a lease or permit to mine construction aggregates on state land administered by the
34.16commissioner an annual reclamation fee. The fee is payable to the commissioner by
34.17January 15 of each year. The purpose of the fee is to pay for reclamation or restoration of
34.18state lands following temporary or permanent cessation of construction aggregates mining
34.19operations. Reclamation and restoration include: land sloping and contouring, spreading
34.20soil from stockpiles, planting vegetation, removing safety hazards, or other measures
34.21needed to return the land to productive and safe nonmining use.
34.22    Subd. 2. Determination of fee. The amount of the annual reclamation fee is
34.23determined as follows:
34.24(1) for aggregates measured in cubic yards upon removal, 15 cents for each cubic yard
34.25removed under the lease or permit within the immediately preceding calendar year; and
34.26(2) for aggregates measured in short tons upon removal, 11 cents per short ton
34.27removed under the lease or permit within the immediately preceding calendar year.
34.28    Subd. 3. Deposit of fees. All fees collected under this section must be deposited in
34.29the state-owned construction aggregates reclamation account established in section 93.70
34.30and credited for use to the same land class from which payment of the fee was derived.
34.31    Subd. 4. Exception. A person who holds a lease to mine construction aggregates on
34.32state land is not subject to the reclamation fee under subdivision 1 if the lease provides
34.33for continuous mining for five or more years at an average rate of 30,000 or more cubic
34.34yards per year over the term of the lease and requires the lessee to perform and pay for
34.35the reclamation.

35.1    Sec. 24. Minnesota Statutes 2012, section 94.342, subdivision 5, is amended to read:
35.2    Subd. 5. Additional restrictions on school trust land. School trust land may be
35.3exchanged with other Class A land only if the school trust lands director Legislative
35.4Permanent School Fund Commission is appointed as temporary trustee of the school trust
35.5land for purposes of the exchange. The Legislative Permanent School Fund Commission
35.6shall provide independent legal counsel to review exchanges.

35.7    Sec. 25. Minnesota Statutes 2012, section 97A.045, subdivision 1, is amended to read:
35.8    Subdivision 1. Duties; generally. (a) The commissioner shall do all things the
35.9commissioner determines are necessary to preserve, protect, and propagate desirable
35.10species of wild animals. The commissioner shall make special provisions for the
35.11management of fish and wildlife to ensure recreational opportunities for anglers and
35.12hunters. The commissioner shall acquire wild animals for breeding or stocking and may
35.13dispose of or destroy undesirable or predatory wild animals and their dens, nests, houses,
35.14or dams.
35.15(b) Notwithstanding chapters 17 and 35, the commissioner, in consultation with the
35.16commissioner of agriculture and the executive director of the Board of Animal Health, may
35.17capture, take, or control nonnative or domestic animals that are released, have escaped,
35.18or are otherwise running at large and causing damage to natural resources or agricultural
35.19lands, or that are posing a threat to wildlife, domestic animals, or human health. The
35.20commissioner may work with other agencies to assist in the capture, taking, or control and
35.21may authorize persons to take such animals. The commissioner may collect a civil penalty
35.22equal to the actual costs incurred by the Department of Natural Resources from a person
35.23who owns nonnative or domestic animals that are captured, taken, or controlled under this
35.24paragraph. The civil penalty shall be deposited in the game and fish fund.

35.25    Sec. 26. Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:
35.26    Subdivision 1. Angling; Take a Kid Fishing Weekends. (a) A resident age 16
35.27years or older may take fish by angling without an angling or license and may take fish by
35.28spearing from a dark house without a spearing license and without a fish house or dark
35.29house license during one three-day consecutive period of the open water angling season
35.30and one three-day consecutive period of the ice angling season designated by rule of
35.31 the commissioner if the resident is accompanied by a child who is under age 16. The
35.32commissioner may, by written order published in the State Register, establish the three-day
35.33consecutive periods. The written order is not subject to the rulemaking provisions of
35.34chapter 14 and section 14.386 does not apply.
36.1    (b) The commissioner shall may designate and publicize the three-day periods as
36.2"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
36.3Fishing Weekend" for the ice angling season. The commissioner shall announce the date
36.4of each three-day weekend at least 30 days in advance of the date it occurs.

36.5    Sec. 27. Minnesota Statutes 2012, section 97A.451, is amended by adding a
36.6subdivision to read:
36.7    Subd. 2a. Resident spearing age 16 or over and under age 18. Residents age 16
36.8or over and under age 18 may take fish by spearing without a spearing license but must
36.9possess a fishing license under section 97A.475, subdivision 6, clause (7).

36.10    Sec. 28. Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:
36.11    Subd. 3. Residents and nonresidents under age 16; small game. (a) A resident or
36.12nonresident under age 16 may not obtain a small game license but may take small game
36.13by firearms or bow and arrow without a license if the resident or nonresident is:
36.14    (1) age 14 or 15 and possesses a firearms safety certificate;
36.15    (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
36.16guardian;
36.17    (3) age 13, 14, or 15, and possesses an apprentice hunter validation, and is
36.18accompanied by a parent or guardian who possesses a small game license that was not
36.19obtained using an apprentice hunter validation as provided under section 97B.022; or
36.20    (4) age 12 or under and is accompanied by a parent or guardian.
36.21    (b) A resident under age 16 may take small game, other than wolves, by trapping
36.22without a small game license, but a resident 13 years of age or older must have a trapping
36.23license. A resident under age 13 may trap small game, other than wolves, without a
36.24trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
36.25resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
36.26under age five must be included in the limit of the accompanying parent or guardian.
36.27    (c) A resident or nonresident under age 13 must obtain a free turkey license to
36.28take turkey and may take a turkey without a firearms safety certificate if the resident or
36.29nonresident is accompanied by an adult parent or guardian who has a firearms safety
36.30certificate.
36.31    (d) A resident under age 13 may apply for a prairie chicken license and may take a
36.32prairie chicken without a firearms safety certificate if the resident is accompanied by an
36.33adult parent or guardian who has a firearms safety certificate.

37.1    Sec. 29. Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:
37.2    Subd. 3b. Nonresidents age 16 or over and under age 18; small game. (a) A
37.3nonresident age 16 or over and under age 18 may take small game by firearms or archery
37.4and may obtain a small game license at the youth fee under section 97A.475, subdivision
37.53
, paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate or an
37.6apprentice hunter validation as provided under section 97B.022.
37.7(b) A nonresident under age 16 may take small game by firearms or archery and may
37.8obtain a small game license without paying the applicable fees under section 97A.475,
37.9subdivisions 3, 4, and 5, if the nonresident is:
37.10(1) age 14 or 15 and possesses a firearms safety certificate;
37.11(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
37.12or guardian; or
37.13(3) age 12 or under and is accompanied by a parent or guardian.

37.14    Sec. 30. Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:
37.15    Subd. 4. Residents and nonresidents under age 13 16; big game. (a) A resident
37.16or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
37.17the person possesses a firearms safety certificate or an apprentice hunter validation as
37.18provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
37.19parent or guardian to hunt big game.
37.20    (b) A resident or nonresident age ten or over and under age 13 11 must obtain a
37.21license under paragraph (c) and may take big game, provided the person is under the direct
37.22supervision of a parent or guardian where the parent or guardian is within immediate reach.
37.23    (c) A resident or nonresident age ten or over and under age 13, 11, or 12 must obtain
37.24a license to take big game and may obtain the license without paying the fee required
37.25 under section 97A.475, subdivision 2 or 3.

37.26    Sec. 31. Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:
37.27    Subd. 5. Nonresident youth; angling. (a) A nonresident under age 16 may:
37.28(1) take fish by angling without a license if a parent or guardian has a fishing license.
37.29Fish taken by a nonresident under age 16 without a license must be included in the limit
37.30of the parent or guardian;
37.31(2) purchase a youth fishing license under section 97A.475, subdivision 7, paragraph
37.32(a), clause (8), and possess a limit of fish; or
37.33(3) be included under a nonresident family angling license and possess a limit of fish.
38.1(b) A nonresident age 16 or over and under age 18 must purchase a youth license to
38.2angle under section 97A.475, subdivision 7, paragraph (a), clause (8).
38.3(c) Nonresidents under age 18 may take fish by spearing without a spearing license
38.4but must comply with paragraphs (a) and (b).

38.5    Sec. 32. Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:
38.6    Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
38.7only, are:
38.8    (1) for persons age 18 or over and under age 65 to take small game, $15.50;
38.9    (2) for persons age 65 or over, $7 to take small game;
38.10    (3) for persons age 18 or over to take turkey, $26;
38.11    (4) for persons age 13 or over and under age 18 to take turkey, $5;
38.12    (5) for persons age 18 or over to take deer with firearms during the regular firearms
38.13season, $30;
38.14    (6) for persons age 18 or over to take deer by archery, $30;
38.15    (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
38.16season, $30;
38.17    (8) to take moose, for a party of not more than six persons, $356;
38.18    (9) to take bear, $44;
38.19    (10) to take elk, for a party of not more than two persons, $287;
38.20    (11) to take Canada geese during a special season, $4;
38.21    (12) to take prairie chickens, $23;
38.22    (13) for persons age 13 or over and under age 18 to take deer with firearms during
38.23the regular firearms season, $5;
38.24    (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
38.25    (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
38.26during the muzzleloader season, $5;
38.27(16) for persons age 18 or over to take small game for a consecutive 72-hour period
38.28selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
38.29migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
38.30waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
38.31of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
38.32the pheasant habitat improvement account under section 97A.075, subdivision 4; and
38.33one-half of the small game surcharge under subdivision 4, shall be deposited in the
38.34wildlife acquisition account;
38.35(17) for persons age 16 or over and under age 18 to take small game, $5; and
39.1(18) to take wolf, $30.;
39.2(19) for persons age 12 and under to take turkey, no fee;
39.3(20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
39.4(21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
39.5(22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
39.6muzzleloader season, no fee.

39.7    Sec. 33. Minnesota Statutes 2012, section 97A.475, subdivision 3, is amended to read:
39.8    Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
39.9to nonresidents, are:
39.10    (1) for persons age 18 or over to take small game, $90.50;
39.11    (2) for persons age 18 or over to take deer with firearms during the regular firearms
39.12season, $160;
39.13    (3) for persons age 18 or over to take deer by archery, $160;
39.14    (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
39.15season, $160;
39.16    (5) to take bear, $225;
39.17    (6) for persons age 18 or over to take turkey, $91;
39.18    (7) for persons age 13 or over and under age 18 to take turkey, $13 $5;
39.19    (8) to take raccoon or bobcat, $178;
39.20    (9) to take Canada geese during a special season, $4;
39.21    (10) for persons age 13 or over and under age 18 to take deer with firearms during
39.22the regular firearms season in any open season option or time period, $15 $5;
39.23    (11) for persons age 13 or over and under age 18 to take deer by archery, $15 $5;
39.24    (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
39.25season, $15 $5;
39.26(13) for persons age 18 or over to take small game for a consecutive 72-hour period
39.27selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
39.28migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
39.29waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
39.30of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
39.31the pheasant habitat improvement account under section 97A.075, subdivision 4; and
39.32one-half of the small game surcharge under subdivision 4, shall be deposited into the
39.33wildlife acquisition account;
39.34(14) for persons age 16 and over and under age 18 to take small game, $15 $5; and
39.35(15) to take wolf, $250.;
40.1(16) for persons age 12 and under to take turkey, no fee;
40.2(17) for persons age 10, 11, and 12 to take deer by firearm, no fee;
40.3(18) for persons age 10, 11, or 12 to take deer by archery, no fee; and
40.4(19) for persons age 10, 11, or 12 to take deer by muzzleloader during the
40.5muzzleloader season, no fee.
40.6    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
40.7paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed
40.8on this surcharge.

40.9    Sec. 34. Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:
40.10    Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell
40.11licenses under this section must issue the following licenses for the license fee and the
40.12following issuing fees:
40.13    (1) to take deer or bear with firearms and by archery, the issuing fee is $1;
40.14    (2) Minnesota sporting, the issuing fee is $1;
40.15    (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
40.16animals, the issuing fee is $1;
40.17(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
40.18requires a license purchase at the time of application and the license purchase requires
40.19an application fee;
40.20(5) for a prairie chicken license, the issuing fee is $1;
40.21(6) for a turkey license, the issuing fee is $1;
40.22(7) for an elk license, the issuing fee is $1;
40.23(8) for a moose license, the issuing fee is $1;
40.24(9) for a wolf license, the issuing fee is $1;
40.25    (4) (10) for a stamp validation that is not issued simultaneously with a license, an
40.26issuing fee of 50 cents may be charged at the discretion of the authorized seller;
40.27    (5) (11) for stamp validations issued simultaneously with a license, there is no fee;
40.28    (6) (12) for licenses, seals, tags, or coupons issued without a fee under section
40.2997A.441 or 97A.465, an the issuing fee of 50 cents may be charged at the discretion of
40.30the authorized seller is $1;
40.31    (7) (13) for lifetime licenses, there is no fee; and
40.32    (8) (14) for all other licenses, permits, renewals, or applications or any other
40.33transaction through the electronic licensing system under this chapter or any other chapter
40.34when an issuing fee is not specified, an issuing fee of 50 cents $1 may be charged at the
40.35discretion of the authorized seller.
41.1    (b) Only one issuing fee may be collected when selling more than one stamp in the
41.2same transaction after the end of the season for which the stamp was issued.
41.3    (c) The agent shall keep the issuing fee as a commission for selling the licenses.
41.4    (d) The commissioner shall collect the issuing fee on licenses sold by the
41.5commissioner.
41.6    (e) A license, except stamps, must state the amount of the issuing fee and that the
41.7issuing fee is kept by the seller as a commission for selling the licenses.
41.8    (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
41.9    (1) for licenses to take big game, 75 cents; and
41.10    (2) for other licenses, 50 cents.
41.11    (g) The commissioner may issue one-day angling licenses in books of ten licenses
41.12each to fishing guides operating charter boats upon receipt of payment of all license
41.13fees, excluding the issuing fee required under this section. Copies of sold and unsold
41.14licenses shall be returned to the commissioner. The commissioner shall refund the charter
41.15boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
41.16maintained by the commissioner for one year.

41.17    Sec. 35. Minnesota Statutes 2012, section 103G.615, subdivision 2, is amended to read:
41.18    Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
41.19control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
41.20section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
41.21days after it has been reported to the legislature. The fees shall not exceed $2,500 per
41.22permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
41.23the permit, and additional costs incurred after the application to inspect and monitor
41.24the activities authorized by the permit, and enforce aquatic plant management rules and
41.25permit requirements. The permit fee, in the form of a check or money order payable to the
41.26Minnesota Department of Natural Resources, must accompany each permit application.
41.27When application is made to control two or more shoreline nuisance conditions, only the
41.28larger fee applies. Permit fees are:
41.29    (b) A fee for a permit for the (1) to control of rooted aquatic vegetation plants
41.30by pesticide or mechanical means, $90 for each contiguous parcel of shoreline owned
41.31by an owner may be charged, including a three-year automatic aquatic plant control
41.32device permit. This fee may not be charged for permits issued in connection with purple
41.33loosestrife control or lakewide Eurasian water milfoil control programs. or baywide
41.34invasive aquatic plant management permits;
42.1(2) to control filamentous algae, snails that carry swimmer's itch, or leeches, singly
42.2or in combination, $40 for each contiguous parcel or shoreline with a distinct owner;
42.3(3) for offshore control of submersed aquatic plants by pesticide or mechanical
42.4means, $90;
42.5(4) to control plankton algae or free-floating aquatic plants by lakewide or baywide
42.6application of approved pesticides, $90;
42.7(5) for a commercial mechanical control permit, $100 annually, and;
42.8(6) for a commercial harvest permit, $100 plus $300 for each public water listed on
42.9the application that requires an inspection. An inspection is required for waters with no
42.10previous permit history and may be required at other times to monitor the status of the
42.11aquatic plant population.
42.12(b) There is no permit fee for:
42.13(1) permits to transplant aquatic plants in public waters;
42.14(2) permits to move or remove a floating bog in public waters if the floating bog is
42.15lodged against the permittee's property and has not taken root;
42.16(3) invasive aquatic plant management permits; or
42.17    (c) A fee may not be charged to (4) permits applied for by the state or a federal
42.18governmental agency applying for a permit.
42.19    (d) (c) A fee for a permit for the control of rooted aquatic vegetation in a public
42.20water basin that is 20 acres or less in size shall be is one-half of the fee established under
42.21paragraph (a), clause (1).
42.22(d) If the fee does not accompany the application, the applicant shall be notified and
42.23no action will be taken on the application until the fee is received.
42.24(e) A fee is refundable only when the application is withdrawn prior to field
42.25inspection or issuance or denial of the permit or when the commissioner determines that
42.26the activity does not require a permit.
42.27(e) (f) The money received for the permits under this subdivision shall be deposited
42.28in the treasury and credited to the water recreation account in the natural resources fund.
42.29(f) (g) The fee for processing a notification to request authorization for work under
42.30a general permit is $30, until the commissioner establishes a fee by rule as provided
42.31under this subdivision.

42.32    Sec. 36. Minnesota Statutes 2012, section 103I.601, is amended by adding a
42.33subdivision to read:
42.34    Subd. 4a. Exploratory boring inspection fee. For each proposed exploratory
42.35boring identified on the map submitted under subdivision 4, an explorer must submit a fee
43.1of $2,000 to the commissioner of natural resources. The fee must be credited to the mineral
43.2data and inspections administration account established in section 93.60 and is appropriated
43.3to the commissioner of natural resources for the reasonable costs incurred for inspections
43.4of exploratory borings by the commissioner of natural resources or the commissioner's
43.5representative. The fee is nonrefundable, even if the exploratory boring is not conducted.

43.6    Sec. 37. [115.84] WASTEWATER LABORATORY CERTIFICATION.
43.7    Subdivision 1. Wastewater laboratory certification required. (a) Laboratories
43.8performing wastewater or water analytical laboratory work, the results of which are
43.9reported to the agency to determine compliance with a national pollutant discharge
43.10elimination system (NPDES) permit condition or other regulatory document, must be
43.11certified according to this section.
43.12(b) This section does not apply to:
43.13(1) laboratories that are private and for-profit;
43.14(2) laboratories that perform drinking water analyses; or
43.15(3) laboratories that perform remediation program analyses, such as Superfund or
43.16petroleum analytical work.
43.17(c) Until adoption of rules under subdivision 2, laboratories required to be certified
43.18under this section and submitting data to the agency must register by submitting
43.19registration information required by the agency or be certified or approved by a recognized
43.20certification authority, as required by agency programs.
43.21    Subd 2. Rules. The agency may adopt rules to govern certification of laboratories
43.22according to this section. Notwithstanding section 16A.1283, the agency may adopt
43.23rules establishing fees.
43.24    Subd. 3. Fees. (a) Until the agency adopts a rule establishing fees for certification,
43.25the agency shall collect fees in amounts necessary to cover the reasonable costs of
43.26the certification program, including reviewing applications, issuing certifications, and
43.27conducting audits and compliance assistance.
43.28(b) Fees under this section must be based on the number, type, and complexity of
43.29analytical methods that laboratories are certified to perform.
43.30(c) Revenue from fees charged by the agency for certification shall be credited to
43.31the environmental fund.
43.32    Subd. 4. Enforcement. (a) The commissioner may deny, suspend, or revoke
43.33wastewater laboratory certification for, but is not limited to, any of the following reasons:
43.34fraud, failure to follow applicable requirements, failure to respond to documented
44.1deficiencies or complete corrective actions necessary to address deficiencies, failure to pay
44.2certification fees, or other violations of federal or state law.
44.3(b) This section and the rules adopted under it may be enforced by any means
44.4provided in section 115.071.

44.5    Sec. 38. [115A.141] CARPET PRODUCT STEWARDSHIP PROGRAM;
44.6STEWARDSHIP PLAN.
44.7    Subdivision 1. Definitions. For purposes of this section, the following terms have
44.8the meanings given:
44.9(1) "brand" means a name, symbol, word, or mark that identifies carpet, rather than its
44.10components, and attributes the carpet to the owner or licensee of the brand as the producer;
44.11(2) "carpet" means a manufactured article that is used in commercial or single or
44.12multifamily residential buildings, is affixed or placed on the floor or building walking
44.13surface as a decorative or functional building interior or exterior feature, and is primarily
44.14constructed of a top visible surface of synthetic face fibers or yarns or tufts attached to a
44.15backing system derived from synthetic or natural materials. Carpet includes, but is not
44.16limited to, a commercial or residential broadloom carpet or modular carpet tiles. Carpet
44.17includes a pad or underlayment used in conjunction with a carpet. Carpet does not include
44.18handmade rugs, area rugs, or mats;
44.19(3) "discarded carpet" means carpet that is no longer used for its manufactured
44.20purpose;
44.21(4) "producer" means a person that:
44.22(i) has legal ownership of the brand, brand name, or cobrand of carpet sold in the state;
44.23(ii) imports carpet branded by a producer that meets subclause (i) when the producer
44.24has no physical presence in the United States;
44.25(iii) if subclauses (i) and (ii) do not apply, makes unbranded carpet that is sold
44.26in the state; or
44.27(iv) sells carpet at wholesale or retail, does not have legal ownership of the brand,
44.28and elects to fulfill the responsibilities of the producer for the carpet;
44.29(5) "recycling" means the process of collecting and preparing recyclable materials and
44.30reusing the materials in their original form or using them in manufacturing processes that
44.31do not cause the destruction of recyclable materials in a manner that precludes further use;
44.32(6) "retailer" means any person who offers carpet for sale at retail in the state;
44.33(7) "reuse" means donating or selling a collected carpet back into the market for
44.34its original intended use, when the carpet retains its original purpose and performance
44.35characteristics;
45.1(8) "sale" or "sell" means transfer of title of carpet for consideration, including a
45.2remote sale conducted through a sales outlet, catalog, Web site, or similar electronic
45.3means. Sale or sell includes a lease through which carpet is provided to a consumer by a
45.4producer, wholesaler, or retailer;
45.5(9) "stewardship assessment" means the amount added to the purchase price of
45.6carpet sold in the state that is necessary to cover the cost of collecting, transporting, and
45.7processing postconsumer carpets by the producer or stewardship organization pursuant to
45.8a product stewardship program;
45.9(10) "stewardship organization" means an organization appointed by one or more
45.10producers to act as an agent on behalf of the producer to design, submit, and administer a
45.11product stewardship program under this section; and
45.12(11) "stewardship plan" means a detailed plan describing the manner in which a
45.13product stewardship program under subdivision 2 will be implemented.
45.14    Subd. 2. Product stewardship program. For all carpet sold in the state, producers
45.15must, individually or through a stewardship organization, implement and finance a
45.16statewide product stewardship program that manages carpet by reducing carpet's waste
45.17generation, promoting its reuse and recycling, and providing for negotiation and execution
45.18of agreements to collect, transport, and process carpet for end-of-life recycling and reuse.
45.19    Subd. 3. Requirement for sale. (a) On and after January 1, 2015, no producer,
45.20wholesaler, or retailer may sell carpet or offer carpet for sale in the state unless the carpet's
45.21producer participates in an approved stewardship plan, either individually or through a
45.22stewardship organization.
45.23(b) Each producer must operate a product stewardship program approved by the
45.24agency or enter into an agreement with a stewardship organization to operate, on the
45.25producer's behalf, a product stewardship program approved by the agency.
45.26    Subd. 4. Requirement to submit plan. (a) On or before March 1, 2015, and before
45.27offering carpet for sale in the state, a producer must submit a stewardship plan to the
45.28agency and receive approval of the plan or must submit documentation to the agency that
45.29demonstrates the producer has entered into an agreement with a stewardship organization
45.30to be an active participant in an approved product stewardship program as described in
45.31subdivision 2. A stewardship plan must include all elements required under subdivision 5.
45.32(b) At least every three years, a producer or stewardship organization operating a
45.33product stewardship program must update the stewardship plan and submit the updated
45.34plan to the agency for review and approval.
45.35(c) It is the responsibility of the entities responsible for each stewardship plan to
45.36notify the agency within 30 days of any significant changes or modifications to the plan or
46.1its implementation. Within 30 days of the notification, a written plan revision must be
46.2submitted to the agency for review and approval.
46.3    Subd. 5. Stewardship plan content. A stewardship plan must contain:
46.4(1) certification that the product stewardship program will accept all discarded carpet
46.5regardless of which producer produced the carpet and its individual components;
46.6(2) contact information for the individual and the entity submitting the plan and for
46.7all producers participating in the product stewardship program;
46.8(3) a description of the methods by which discarded carpet will be collected in all
46.9areas in the state without relying on end-of-life fees, including an explanation of how the
46.10collection system will be convenient and adequate to serve the needs of small businesses
46.11and residents in both urban and rural areas on an ongoing basis;
46.12(4) a description of how the adequacy of the collection program will be monitored
46.13and maintained;
46.14(5) the names and locations of collectors, transporters, and recycling facilities that
46.15will manage discarded carpet;
46.16(6) a description of how the discarded carpet and the carpet's components will
46.17be safely and securely transported, tracked, and handled from collection through final
46.18recycling and processing;
46.19(7) a description of the method that will be used to reuse, deconstruct, or recycle
46.20the discarded carpet to ensure that the product's components, to the extent feasible, are
46.21transformed or remanufactured into finished products for use;
46.22(8) a description of the promotion and outreach activities that will be used to
46.23encourage participation in the collection and recycling programs and how the activities'
46.24effectiveness will be evaluated and the program modified, if necessary;
46.25(9) the proposed stewardship assessment. The producer or stewardship organization
46.26shall propose a uniform stewardship assessment for any carpet sold in the state. The
46.27proposed stewardship assessment shall be reviewed by an independent auditor to ensure
46.28that the assessment does not exceed the costs of the product stewardship program and the
46.29independent auditor shall recommend an amount for the stewardship assessment. The
46.30agency must approve the stewardship assessment;
46.31(10) evidence of adequate insurance and financial assurance that may be required for
46.32collection, handling, and disposal operations;
46.33(11) five-year performance goals, including an estimate of the percentage of
46.34discarded carpet that will be collected, reused, and recycled during each of the first five
46.35years of the stewardship plan. The performance goals must include a specific escalating
47.1goal for the amount of discarded carpet that will be collected and recycled and reused
47.2during each year of the plan. The performance goals must be based on:
47.3(i) the most recent collection data available for the state;
47.4(ii) the amount of carpet disposed of annually;
47.5(iii) the weight of the carpet that is expected to be available for collection annually;
47.6and
47.7(iv) actual collection data from other existing stewardship programs.
47.8The stewardship plan must state the methodology used to determine these goals;
47.9(12) carpet design changes that will be considered to reduce toxicity, water use, or
47.10energy use or to increase recycled content, recyclability, or carpet longevity; and
47.11(13) a discussion of market development opportunities to expand use of recovered
47.12carpet, with consideration of expanding processing activity proximate to areas of collection.
47.13    Subd. 6. Consultation required. (a) Each stewardship organization or individual
47.14producer submitting a stewardship plan must consult with stakeholders including retailers,
47.15installers, collectors, recyclers, local government, customers, and citizens during the
47.16development of the plan, solicit stakeholder comments, and attempt to address any
47.17stakeholder concerns regarding the plan before submitting the plan to the agency for review.
47.18(b) The producer or stewardship organization must invite comments from local
47.19governments, communities, and citizens to report their satisfaction with services, including
47.20education and outreach, provided by the product stewardship program. The information
47.21must be submitted to the agency and used by the agency in reviewing proposed updates or
47.22changes to the stewardship plan.
47.23    Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
47.24stewardship plan, the agency shall determine whether the plan complies with subdivision
47.255. If the agency approves a plan, the agency shall notify the applicant of the plan approval
47.26in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
47.27the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
47.28submit a revised plan to the agency within 60 days after receiving notice of rejection.
47.29(b) Any proposed changes to a stewardship plan must be approved by the agency
47.30in writing.
47.31    Subd. 8. Plan availability. All draft and approved stewardship plans shall be placed
47.32on the agency's Web site and made available at the agency's headquarters for public review.
47.33    Subd. 9. Conduct authorized. A producer or stewardship organization that
47.34organizes collection, transport, and processing of carpet under this section is immune
47.35from liability for the conduct under state laws relating to antitrust, restraint of trade,
47.36unfair trade practices, and other regulation of trade or commerce only to the extent that
48.1the conduct is necessary to plan and implement the producer's or organization's chosen
48.2organized collection or recycling system.
48.3    Subd. 10. Responsibility of producers. (a) On and after the date of implementation
48.4of a product stewardship program under this section, a producer of carpet must add the
48.5stewardship assessment, as established according to subdivision 5, clause (9), to the cost
48.6of the carpet sold to retailers and distributors in the state by the producer.
48.7(b) Producers of carpet or the stewardship organization shall provide consumers
48.8with educational materials regarding the stewardship assessment and product stewardship
48.9program. The materials must include, but are not limited to, information regarding available
48.10end-of-life management options for carpet offered through the product stewardship
48.11program and information that notifies consumers that a charge for the operation of the
48.12product stewardship program is included in the purchase price of carpet sold in the state.
48.13    Subd. 11. Responsibility of retailers. (a) On and after January 1, 2015, no carpet
48.14may be sold in the state unless the carpet's producer is participating in an approved
48.15stewardship plan.
48.16(b) On and after the implementation date of a product stewardship program under
48.17this section, each retailer or distributor, as applicable, must add the amount of the
48.18stewardship assessment to the purchase price of all carpet sold in the state.
48.19(c) Any retailer may participate, on a voluntary basis, as a designated collection
48.20point pursuant to a product stewardship program under this section and in accordance
48.21with applicable law.
48.22(d) No retailer or distributor shall be found to be in violation of this subdivision if,
48.23on the date the carpet was ordered from the producer or its agent, the producer was listed
48.24as compliant on the agency's Web site according to subdivision 14.
48.25    Subd. 12. Stewardship reports. Beginning March 1, 2016, producers of carpet
48.26sold in the state must individually or through a stewardship organization submit an
48.27annual report to the agency describing the product stewardship program. At a minimum,
48.28the report must contain:
48.29(1) a description of the methods used to collect, transport, and process carpet in all
48.30regions of the state;
48.31(2) the weight of all carpet collected in all regions of the state and a comparison to
48.32the performance goals and recycling rates established in the stewardship plan;
48.33(3) the amount of unwanted carpet collected in the state by method of disposition,
48.34including reuse, recycling, and other methods of processing;
48.35(4) identification of the facilities processing carpet and the number and weight
48.36processed at each facility;
49.1(5) an evaluation of the program's funding mechanism;
49.2(6) samples of educational materials provided to consumers and an evaluation of the
49.3effectiveness of the materials and the methods used to disseminate the materials; and
49.4(7) a description of progress made toward achieving carpet design changes according
49.5to subdivision 5, clause (12).
49.6    Subd. 13. Data classification. Trade secret information, as defined under section
49.713.37, submitted to the agency under this section is nonpublic data under section 13.37,
49.8subdivision 2.
49.9    Subd. 14. Agency responsibilities. The agency shall provide, on its Web site, a
49.10list of all compliant producers and brands participating in stewardship plans that the
49.11agency has approved and a list of all producers and brands the agency has identified as
49.12noncompliant with this section.
49.13    Subd. 15. Local government responsibilities. (a) A city, county, or other public
49.14agency may choose to participate voluntarily in a carpet product stewardship program.
49.15(b) Cities, counties, and other public agencies are encouraged to work with producers
49.16and stewardship organizations to assist in meeting product stewardship program recycling
49.17obligations, by providing education and outreach or using other strategies.
49.18(c) A city, county, or other public agency that participates in a product stewardship
49.19program must report annually to the agency using the reporting form provided by the agency
49.20on the cost savings as a result of participation and describe how the savings were used.
49.21    Subd. 16. Administrative fee. (a) The stewardship organization or individual
49.22producer submitting a stewardship plan shall pay the agency an annual administrative
49.23fee. The agency shall set the fee at an amount that, when paid by every stewardship
49.24organization or individual producer that submits a stewardship plan, is adequate to cover
49.25the agency's full costs of administering and enforcing this section. The agency may
49.26establish a variable fee based on relevant factors, including, but not limited to, the portion
49.27of carpet sold in the state by members of the organization compared to the total amount of
49.28carpet sold in the state by all organizations submitting a stewardship plan.
49.29(b) The total amount of annual fees collected under this subdivision must not
49.30exceed the amount necessary to cover costs incurred by the agency in connection with the
49.31administration and enforcement of this section.
49.32(c) The agency shall identify the direct program development or regulatory costs
49.33it incurs under this section before stewardship plans are submitted and shall establish a
49.34fee in an amount adequate to cover those costs, which shall be paid by a stewardship
49.35organization or individual producer that submits a stewardship plan.
50.1(d) A stewardship organization or individual producer subject to this subdivision
50.2must pay the agency's administrative fee under paragraph (a) on or before July 1, ...., and
50.3annually thereafter and the agency's development fee under paragraph (c) on or before
50.4July 1, ...., and annually thereafter through July 1, ..... Each year after the initial payment,
50.5the annual administrative fee may not exceed five percent of the aggregate stewardship
50.6assessment collected for the preceding calendar year.
50.7(e) The agency shall deposit the fees collected under this section into a product
50.8stewardship account.

50.9    Sec. 39. [115A.1415] ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP
50.10PROGRAM; STEWARDSHIP PLAN.
50.11    Subdivision 1. Definitions. For purposes of this section, the following terms have
50.12the meanings given:
50.13(1) "architectural paint" means interior and exterior architectural coatings sold in
50.14containers of five gallons or less. Architectural paint does not include industrial coatings,
50.15original equipment coatings, or specialty coatings;
50.16(2) "brand" means a name, symbol, word, or mark that identifies architectural paint,
50.17rather than its components, and attributes the paint to the owner or licensee of the brand as
50.18the producer;
50.19(3) "discarded paint" means architectural paint that is no longer used for its
50.20manufactured purpose;
50.21(4) "producer" means a person that:
50.22(i) has legal ownership of the brand, brand name, or cobrand of architectural paint
50.23sold in the state;
50.24(ii) imports architectural paint branded by a producer that meets subclause (i) when
50.25the producer has no physical presence in the United States;
50.26(iii) if subclauses (i) and (ii) do not apply, makes unbranded architectural paint
50.27that is sold in the state; or
50.28(iv) sells architectural paint at wholesale or retail, does not have legal ownership of
50.29the brand, and elects to fulfill the responsibilities of the producer for the architectural paint;
50.30(5) "recycling" means the process of collecting and preparing recyclable materials and
50.31reusing the materials in their original form or using them in manufacturing processes that
50.32do not cause the destruction of recyclable materials in a manner that precludes further use;
50.33(6) "retailer" means any person who offers architectural paint for sale at retail in
50.34the state;
51.1(7) "reuse" means donating or selling collected architectural paint back into the
51.2market for its original intended use, when the architectural paint retains its original
51.3purpose and performance characteristics;
51.4(8) "sale" or "sell" means transfer of title of architectural paint for consideration,
51.5including a remote sale conducted through a sales outlet, catalog, Web site, or similar
51.6electronic means. Sale or sell includes a lease through which architectural paint is
51.7provided to a consumer by a producer, wholesaler, or retailer;
51.8(9) "stewardship assessment" means the amount added to the purchase price of
51.9architectural paint sold in the state that is necessary to cover the cost of collecting,
51.10transporting, and processing postconsumer architectural paint by the producer or
51.11stewardship organization pursuant to a product stewardship program;
51.12(10) "stewardship organization" means an organization appointed by one or more
51.13producers to act as an agent on behalf of the producer to design, submit, and administer a
51.14product stewardship program under this section; and
51.15(11) "stewardship plan" means a detailed plan describing the manner in which a
51.16product stewardship program under subdivision 2 will be implemented.
51.17    Subd. 2. Product stewardship program. For architectural paint sold in the state,
51.18producers must, individually or through a stewardship organization, implement and
51.19finance a statewide product stewardship program that manages the architectural paint by
51.20reducing the paint's waste generation, promoting its reuse and recycling, and providing for
51.21negotiation and execution of agreements to collect, transport, and process the architectural
51.22paint for end-of-life recycling and reuse.
51.23    Subd. 3. Requirement for sale. (a) On and after July 1, 2014, or three months after
51.24program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
51.25or offer for sale in the state architectural paint unless the paint's producer participates in an
51.26approved stewardship plan, either individually or through a stewardship organization.
51.27(b) Each producer must operate a product stewardship program approved by the
51.28agency or enter into an agreement with a stewardship organization to operate, on the
51.29producer's behalf, a product stewardship program approved by the agency.
51.30    Subd. 4. Requirement to submit plan. (a) On or before March 1, 2014, and before
51.31offering architectural paint for sale in the state, a producer must submit a stewardship
51.32plan to the agency and receive approval of the plan or must submit documentation to the
51.33agency that demonstrates the producer has entered into an agreement with a stewardship
51.34organization to be an active participant in an approved product stewardship program as
51.35described in subdivision 2. A stewardship plan must include all elements required under
51.36subdivision 5.
52.1(b) An amendment to the plan, if determined necessary by the commissioner, must
52.2be submitted every five years.
52.3(c) It is the responsibility of the entities responsible for each stewardship plan to
52.4notify the agency within 30 days of any significant changes or modifications to the plan or
52.5its implementation. Within 30 days of the notification, a written plan revision must be
52.6submitted to the agency for review and approval.
52.7    Subd. 5. Stewardship plan content. A stewardship plan must contain:
52.8(1) certification that the product stewardship program will accept all discarded
52.9paint regardless of which producer produced the architectural paint and its individual
52.10components;
52.11(2) contact information for the individual and the entity submitting the plan, a list of
52.12all producers participating in the product stewardship program, and the brands covered by
52.13the product stewardship program;
52.14(3) a description of the methods by which the discarded paint will be collected in all
52.15areas in the state without relying on end-of-life fees, including an explanation of how the
52.16collection system will be convenient and adequate to serve the needs of small businesses
52.17and residents in both urban and rural areas on an ongoing basis;
52.18(4) a description of how the adequacy of the collection program will be monitored
52.19and maintained;
52.20(5) the names and locations of collectors, transporters, and recyclers that will
52.21manage discarded paint;
52.22(6) a description of how the discarded paint and the paint's components will be
52.23safely and securely transported, tracked, and handled from collection through final
52.24recycling and processing;
52.25(7) a description of the method that will be used to reuse, deconstruct, or recycle
52.26the discarded paint to ensure that the paint's components, to the extent feasible, are
52.27transformed or remanufactured into finished products for use;
52.28(8) a description of the promotion and outreach activities that will be used to
52.29encourage participation in the collection and recycling programs and how the activities'
52.30effectiveness will be evaluated and the program modified, if necessary;
52.31(9) the proposed stewardship assessment. The producer or stewardship organization
52.32shall propose a uniform stewardship assessment for any architectural paint sold in the
52.33state. The proposed stewardship assessment shall be reviewed by an independent auditor
52.34to ensure that the assessment does not exceed the costs of the product stewardship program
52.35and the independent auditor shall recommend an amount for the stewardship assessment.
52.36The agency must approve the stewardship assessment;
53.1(10) evidence of adequate insurance and financial assurance that may be required for
53.2collection, handling, and disposal operations;
53.3(11) five-year performance goals, including an estimate of the percentage of
53.4discarded paint that will be collected, reused, and recycled during each of the first five
53.5years of the stewardship plan. The performance goals must include a specific goal for the
53.6amount of discarded paint that will be collected and recycled and reused during each year
53.7of the plan. The performance goals must be based on:
53.8(i) the most recent collection data available for the state;
53.9(ii) the estimated amount of architectural paint disposed of annually;
53.10(iii) the weight of the architectural paint that is expected to be available for collection
53.11annually; and
53.12(iv) actual collection data from other existing stewardship programs.
53.13The stewardship plan must state the methodology used to determine these goals; and
53.14(12) a discussion of the status of end markets for collected architectural paint and
53.15what, if any, additional end markets are needed to improve the functioning of the program.
53.16    Subd. 6. Consultation required. Each stewardship organization or individual
53.17producer submitting a stewardship plan must consult with stakeholders including
53.18retailers, contractors, collectors, recyclers, local government, and customers during the
53.19development of the plan.
53.20    Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
53.21stewardship plan, the agency shall determine whether the plan complies with subdivision
53.224. If the agency approves a plan, the agency shall notify the applicant of the plan approval
53.23in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
53.24the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
53.25submit a revised plan to the agency within 60 days after receiving notice of rejection.
53.26(b) Any proposed changes to a stewardship plan must be approved by the agency
53.27in writing.
53.28    Subd. 8. Plan availability. All draft and approved stewardship plans shall be placed
53.29on the agency's Web site and made available at the agency's headquarters for public review.
53.30    Subd. 9. Conduct authorized. A producer or stewardship organization that
53.31organizes collection, transport, and processing of architectural paint under this section
53.32is immune from liability for the conduct under state laws relating to antitrust, restraint
53.33of trade, unfair trade practices, and other regulation of trade or commerce only to the
53.34extent that the conduct is necessary to plan and implement the producer's or organization's
53.35chosen organized collection or recycling system.
54.1    Subd. 10. Responsibility of producers. (a) On and after the date of implementation
54.2of a product stewardship program according to this section, a producer of architectural
54.3paint must add the stewardship assessment, as established under subdivision 5, clause (9),
54.4to the cost of architectural paint sold to retailers and distributors in the state by the producer.
54.5(b) Producers of architectural paint or the stewardship organization shall provide
54.6consumers with educational materials regarding the stewardship assessment and product
54.7stewardship program. The materials must include, but are not limited to, information
54.8regarding available end-of-life management options for architectural paint offered through
54.9the product stewardship program and information that notifies consumers that a charge
54.10for the operation of the product stewardship program is included in the purchase price of
54.11architectural paint sold in the state.
54.12    Subd. 11. Responsibility of retailers. (a) On and after July 1, 2014, or three months
54.13after program plan approval, whichever is sooner, no architectural paint may be sold in the
54.14state unless the paint's producer is participating in an approved stewardship plan.
54.15(b) On and after the implementation date of a product stewardship program
54.16according to this section, each retailer or distributor, as applicable, must add the amount of
54.17the stewardship assessment to the purchase price of all architectural paint sold in the state.
54.18(c) Any retailer may participate, on a voluntary basis, as a designated collection
54.19point pursuant to a product stewardship program under this section and in accordance
54.20with applicable law.
54.21(d) No retailer or distributor shall be found to be in violation of this subdivision if,
54.22on the date the architectural paint was ordered from the producer or its agent, the producer
54.23was listed as compliant on the agency's Web site according to subdivision 14.
54.24    Subd. 12. Stewardship reports. Beginning October 1, 2015, producers of
54.25architectural paint sold in the state must individually or through a stewardship organization
54.26submit an annual report to the agency describing the product stewardship program. At a
54.27minimum, the report must contain:
54.28(1) a description of the methods used to collect, transport, and process architectural
54.29paint in all regions of the state;
54.30(2) the weight of all architectural paint collected in all regions of the state and a
54.31comparison to the performance goals and recycling rates established in the stewardship
54.32plan;
54.33(3) the amount of unwanted architectural paint collected in the state by method of
54.34disposition, including reuse, recycling, and other methods of processing;
54.35(4) samples of educational materials provided to consumers and an evaluation of the
54.36effectiveness of the materials and the methods used to disseminate the materials; and
55.1(5) an independent financial audit.
55.2    Subd. 13. Data classification. Trade secret information, as defined under section
55.313.37, submitted to the agency under this section is nonpublic data under section 13.37,
55.4subdivision 2.
55.5    Subd. 14. Agency responsibilities. The agency shall provide, on its Web site, a
55.6list of all compliant producers and brands participating in stewardship plans that the
55.7agency has approved and a list of all producers and brands the agency has identified as
55.8noncompliant with this section.
55.9    Subd. 15. Local government responsibilities. (a) A city, county, or other public
55.10agency may choose to participate voluntarily in a product stewardship program.
55.11(b) Cities, counties, and other public agencies are encouraged to work with producers
55.12and stewardship organizations to assist in meeting product stewardship program reuse and
55.13recycling obligations, by providing education and outreach or using other strategies.
55.14(c) A city, county, or other public agency that participates in a product stewardship
55.15program must report annually to the agency using the reporting form provided by the agency
55.16on the cost savings as a result of participation and describe how the savings were used.
55.17    Subd. 16. Administrative fee. (a) The stewardship organization or individual
55.18producer submitting a stewardship plan shall pay the agency an annual administrative fee.
55.19The agency shall set the fee at an amount that, when paid by every stewardship organization
55.20or individual producer that submits a stewardship plan, is adequate to cover the agency's
55.21full costs of administering and enforcing this section. The agency may establish a variable
55.22fee based on relevant factors, including, but not limited to, the portion of architectural
55.23paint sold in the state by members of the organization compared to the total amount of
55.24architectural paint sold in the state by all organizations submitting a stewardship plan.
55.25(b) The total amount of annual fees collected under this subdivision must not exceed
55.26the amount necessary to recover costs incurred by the agency in connection with the
55.27administration and enforcement of this section.
55.28(c) The agency shall identify the direct program development or regulatory costs
55.29it incurs under this section before stewardship plans are submitted and shall establish a
55.30fee in an amount adequate to cover those costs, which shall be paid by a stewardship
55.31organization or individual producer that submits a stewardship plan. The commissioner
55.32must make the proposed fee available for public review and comment for at least 30 days.
55.33(d) A stewardship organization or individual producer subject to this section must
55.34pay the agency's administrative fee under paragraph (a) on or before July 1, ...., and
55.35annually thereafter and the agency's development fee under paragraph (c) on or before
55.36July 1, ...., and annually thereafter through July 1, ..... Each year after the initial payment,
56.1the annual administrative fee may not exceed five percent of the aggregate stewardship
56.2assessment collected for the preceding calendar year.
56.3(e) The agency shall deposit the fees collected under this section into a product
56.4stewardship account.

56.5    Sec. 40. [115A.142] PRIMARY BATTERIES; PRODUCT STEWARDSHIP
56.6PROGRAM; STEWARDSHIP PLAN.
56.7    Subdivision 1. Definitions. For purposes of this section, the following terms have
56.8the meaning given:
56.9(1) "brand" means a name, symbol, word, or mark that identifies a primary battery,
56.10rather than its components, and attributes the battery to the owner or licensee of the brand
56.11as the producer;
56.12(2) "discarded battery" means a primary battery that is no longer used for its
56.13manufactured purpose;
56.14(3) "primary battery" means an electric cell that generates an electromotive force by
56.15the direct and usually irreversible conversion of chemical energy into electrical energy.
56.16It cannot be recharged efficiently by an electric current;
56.17(4) "producer" means a person that:
56.18(i) has legal ownership of the brand, brand name, or cobrand of a primary battery
56.19sold in the state;
56.20(ii) imports a primary battery branded by a producer that meets subclause (i) when
56.21the producer has no physical presence in the United States;
56.22(iii) if subclauses (i) and (ii) do not apply, makes an unbranded primary battery
56.23that is sold in the state; or
56.24(iv) sells a primary battery at wholesale or retail, does not have legal ownership of
56.25the brand, and elects to fulfill the responsibilities of the producer for the battery;
56.26(5) "recycling" means the process of collecting and preparing recyclable materials and
56.27reusing the materials in their original form or using them in manufacturing processes that
56.28do not cause the destruction of recyclable materials in a manner that precludes further use;
56.29(6) "retailer" means any person who offers primary batteries for sale at retail in
56.30the state;
56.31(7) "reuse" means donating or selling a collected primary battery back into the
56.32market for its original intended use, when the primary battery retains its original purpose
56.33and performance characteristics;
56.34(8) "sale" or "sell" means transfer of title of a primary battery for consideration,
56.35including a remote sale conducted through a sales outlet, catalog, Web site, or similar
57.1electronic means. Sale or sell includes a lease through which a primary battery is provided
57.2to a consumer by a producer, wholesaler, or retailer;
57.3(9) "stewardship organization" means an organization appointed by one or more
57.4producers to act as an agent on behalf of the producer to design, submit, and administer a
57.5product stewardship program under this section; and
57.6(10) "stewardship plan" means a detailed plan describing the manner in which a
57.7product stewardship program under subdivision 2 will be implemented.
57.8    Subd. 2. Product stewardship program. For each primary battery sold in the
57.9state, producers must, individually or through a stewardship organization, implement
57.10and finance a statewide product stewardship program that manages primary batteries by
57.11reducing primary battery waste generation, promoting primary battery reuse and recycling,
57.12and providing for negotiation and execution of agreements to collect, transport, and
57.13process primary batteries for end-of-life recycling and reuse.
57.14    Subd. 3. Requirement for sale. (a) On and after July 1, 2014, or three months after
57.15program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
57.16or offer for sale in the state a primary battery unless the battery's producer participates in
57.17an approved stewardship plan, either individually or through a stewardship organization.
57.18(b) Each producer must operate a product stewardship program approved by the
57.19agency or enter into an agreement with a stewardship organization to operate, on the
57.20producer's behalf, a product stewardship program approved by the agency.
57.21    Subd. 4. Requirement to submit plan. (a) On or before October 1, 2014, and
57.22before offering a primary battery for sale in the state, a producer must submit a stewardship
57.23plan to the agency and receive approval of the plan or must submit documentation to the
57.24agency that demonstrates the producer has entered into an agreement with a stewardship
57.25organization to be an active participant in an approved product stewardship program as
57.26described in subdivision 2. A stewardship plan must include all elements required under
57.27subdivision 5.
57.28(b) An amendment to the plan, if determined necessary by the commissioner, must
57.29be submitted every five years.
57.30(c) It is the responsibility of the entities responsible for each stewardship plan to
57.31notify the agency within 30 days of any significant changes or modifications to the plan or
57.32its implementation. Within 30 days of the notification, a written plan revision must be
57.33submitted to the agency for review and approval.
57.34    Subd. 5. Stewardship plan content. A stewardship plan must contain:
58.1(1) certification that the product stewardship program will accept all discarded
58.2batteries regardless of which producer produced the batteries and their individual
58.3components;
58.4(2) contact information for the individual and the entity submitting the plan, a list of
58.5all producers participating in the product stewardship program, and the brands covered by
58.6the product stewardship program;
58.7(3) a description of the methods by which the discarded batteries will be collected
58.8in all areas in the state without relying on end-of-life fees, including an explanation of
58.9how the collection system will be convenient and adequate to serve the needs of small
58.10businesses and residents in both urban and rural areas on an ongoing basis;
58.11(4) a description of how the adequacy of the collection program will be monitored
58.12and maintained;
58.13(5) the names and locations of collectors, transporters, and recyclers that will
58.14manage discarded batteries;
58.15(6) a description of how the discarded batteries and the batteries' components will
58.16be safely and securely transported, tracked, and handled from collection through final
58.17recycling and processing;
58.18(7) a description of the method that will be used to reuse, deconstruct, or recycle
58.19the discarded batteries to ensure that the batteries' components, to the extent feasible, are
58.20transformed or remanufactured into finished batteries for use;
58.21(8) a description of the promotion and outreach activities that will be used to
58.22encourage participation in the collection and recycling programs and how the activities'
58.23effectiveness will be evaluated and the program modified, if necessary;
58.24(9) evidence of adequate insurance and financial assurance that may be required for
58.25collection, handling, and disposal operations;
58.26(10) five-year performance goals, including an estimate of the percentage of
58.27discarded batteries that will be collected, reused, and recycled during each of the first five
58.28years of the stewardship plan. The performance goals must include a specific escalating
58.29goal for the amount of discarded batteries that will be collected and recycled and reused
58.30during each year of the plan. The performance goals must be based on:
58.31(i) the most recent collection data available for the state;
58.32(ii) the estimated amount of primary batteries disposed of annually;
58.33(iii) the weight of primary batteries that is expected to be available for collection
58.34annually; and
58.35(iv) actual collection data from other existing stewardship programs.
58.36The stewardship plan must state the methodology used to determine these goals; and
59.1(11) a discussion of the status of end markets for discarded batteries and what, if any,
59.2additional end markets are needed to improve the functioning of the program.
59.3    Subd. 6. Consultation required. Each stewardship organization or individual
59.4producer submitting a stewardship plan must consult with stakeholders including retailers,
59.5collectors, recyclers, local government, and customers during the development of the plan.
59.6    Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a proposed
59.7stewardship plan, the agency shall determine whether the plan complies with subdivision
59.85. If the agency approves a plan, the agency shall notify the applicant of the plan approval
59.9in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
59.10the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
59.11submit a revised plan to the agency within 60 days after receiving notice of rejection.
59.12(b) Any proposed changes to a stewardship plan must be approved by the agency
59.13in writing.
59.14    Subd. 8. Plan availability. All draft and approved stewardship plans shall be placed
59.15on the agency's Web site and made available at the agency's headquarters for public review.
59.16    Subd. 9. Conduct authorized. A producer or stewardship organization that
59.17organizes collection, transport, and processing of primary batteries under this section
59.18is immune from liability for the conduct under state laws relating to antitrust, restraint
59.19of trade, unfair trade practices, and other regulation of trade or commerce only to the
59.20extent that the conduct is necessary to plan and implement the producer's or organization's
59.21chosen organized collection or recycling system.
59.22    Subd. 10. Responsibility of retailers. (a) On and after January 1, 2015, or three
59.23months after program plan approval, whichever is sooner, no primary battery may be sold
59.24in the state unless the battery's producer is participating in an approved stewardship plan.
59.25(b) Any retailer may participate, on a voluntary basis, as a designated collection
59.26point pursuant to a product stewardship program under this section and in accordance
59.27with applicable law.
59.28(c) No retailer or distributor shall be found to be in violation of this subdivision if,
59.29on the date the primary battery was ordered from the producer or its agent, the producer
59.30was listed as compliant on the agency's Web site according to subdivision 12.
59.31    Subd. 11. Stewardship reports. Beginning March 1, 2016, producers of primary
59.32batteries sold in the state must individually or through a stewardship organization
59.33submit an annual report to the agency describing the product stewardship program. At a
59.34minimum, the report must contain:
59.35(1) a description of the methods used to collect, transport, and process primary
59.36batteries in all regions of the state;
60.1(2) the weight of all primary batteries collected in all regions of the state and a
60.2comparison to the performance goals and recycling rates established in the stewardship
60.3plan;
60.4(3) the amount of unwanted primary batteries collected in the state by method of
60.5disposition, including reuse, recycling, and other methods of processing;
60.6(4) samples of educational materials provided to consumers and an evaluation of the
60.7effectiveness of the materials and the methods used to disseminate the materials; and
60.8(5) an independent financial audit.
60.9    Subd. 12. Data classification. Trade secret information, as defined under section
60.1013.37, submitted to the agency under this section is nonpublic data under section 13.37,
60.11subdivision 2.
60.12    Subd. 13. Agency responsibilities. The agency shall provide, on its Web site, a
60.13list of all compliant producers and brands participating in stewardship plans that the
60.14agency has approved and a list of all producers and brands the agency has identified as
60.15noncompliant with this section.
60.16    Subd. 14. Local government responsibilities. (a) A city, county, or other public
60.17agency may choose to participate voluntarily in a product stewardship program.
60.18(b) Cities, counties, and other public agencies are encouraged to work with producers
60.19and stewardship organizations to assist in meeting product stewardship program recycling
60.20obligations, by providing education and outreach or using other strategies.
60.21(c) A city, county, or other public agency that participates in a product stewardship
60.22program must report annually to the agency using the reporting form provided by the agency
60.23on the cost savings as a result of participation and describe how the savings were used.
60.24    Subd. 15. Administrative fee. (a) The stewardship organization or individual
60.25producer submitting a stewardship plan shall pay the agency an annual administrative fee.
60.26The agency shall set the fee at an amount that, when paid by every stewardship organization
60.27or individual producer that submits a stewardship plan, is adequate to cover the agency's
60.28full costs of administering and enforcing this section. The agency may establish a variable
60.29fee based on relevant factors, including, but not limited to, the portion of primary batteries
60.30sold in the state by members of the organization compared to the total amount of primary
60.31batteries sold in the state by all organizations submitting a stewardship plan.
60.32(b) The total amount of annual fees collected under this section must not exceed
60.33the amount necessary to recover costs incurred by the agency in connection with the
60.34administration and enforcement of this section.
60.35(c) The agency shall identify the direct program development or regulatory costs
60.36it incurs under this section before stewardship plans are submitted and shall establish a
61.1fee in an amount adequate to cover those costs, which shall be paid by a stewardship
61.2organization or individual producer that submits a stewardship plan. The commissioner
61.3must make the proposed fee available for public review and comment for at least 30 days.
61.4(d) A stewardship organization or individual producer subject to this section must
61.5pay the agency's administrative fee under paragraph (a) on or before July 1, ...., and
61.6annually thereafter and the agency's development fee under paragraph (c) on or before
61.7July 1, ...., and annually thereafter through July 1, .....
61.8(e) The agency shall deposit the fees collected under this section into a product
61.9stewardship account.

61.10    Sec. 41. [115A.1425] REPORT TO LEGISLATURE AND GOVERNOR.
61.11As part of the report required under section 115A.121, the commissioner of the
61.12Pollution Control Agency shall provide a report to the governor and the legislature on the
61.13implementation of sections 115A.141, 115A.1415, and 115A.142.

61.14    Sec. 42. Minnesota Statutes 2012, section 127A.30, subdivision 1, is amended to read:
61.15    Subdivision 1. Commission established; membership. (a) The Legislative
61.16Permanent School Fund Commission of 12 members is established to advise the
61.17Department of Natural Resources and the school trust lands director on the management
61.18of permanent school fund land, which is held in trust for the school districts of the state
61.19and to review legislation affecting permanent school fund land. The commission consists
61.20of the following persons:
61.21(1) six members of the senate, including three majority party members appointed by
61.22the majority leader and three minority party members appointed by the minority leader; and
61.23(2) six members of the house of representatives, including three majority party
61.24members appointed by the speaker of the house and three minority party members
61.25appointed by the minority leader.
61.26(b) Appointed legislative members serve at the pleasure of the appointing authority
61.27and continue to serve until their successors are appointed.
61.28(c) The first meeting of the commission shall be convened by the chair of the
61.29Legislative Coordinating Commission. Members shall elect a chair, vice-chair, secretary,
61.30and other officers as determined by the commission. The chair may convene meetings as
61.31necessary to conduct the duties prescribed by this section.

61.32    Sec. 43. Minnesota Statutes 2012, section 127A.351, is amended to read:
61.33127A.351 POLICY AND PURPOSE.
62.1(a) The purpose of sections 127A.351 to 127A.353 and 127A.352 is to establish
62.2a school trust lands director position to recommend ensure the management policies
62.3for Minnesota's school trust lands as described in sections 92.121 and 127A.31, are in
62.4accordance with the provisions of the Minnesota Constitution, article XI, section 8.
62.5(b) As trustee, the state must manage the lands and revenues generated from the
62.6lands consistent with the best interests of the trust beneficiaries as defined in the Minnesota
62.7Constitution, article XI, section 8. When it is in the best interest of the school trust lands,
62.8ecological benefits shall be taken into consideration.
62.9(c) The trustee must be concerned with both income for the current beneficiaries
62.10and the preservation of trust assets for future beneficiaries, which requires a balancing of
62.11short-term and long-term interests so that long-term benefits are not lost in an effort to
62.12maximize short-term gains.
62.13(d) Sections 127A.351 to 127A.353 and 127A.352 shall be liberally construed
62.14to enable the school trust lands director and the commissioner of natural resources to
62.15faithfully fulfill the state's obligations to the trust beneficiaries.

62.16    Sec. 44. Minnesota Statutes 2012, section 127A.352, is amended to read:
62.17127A.352 POLICY RECOMMENDATIONS; DUTIES.
62.18    Subdivision 1. Recommendations. The Legislative Permanent School Fund
62.19Commission shall recommend policies for the school trust lands director and the
62.20commissioner of natural resources that are consistent with the Minnesota Constitution,
62.21state law, and the goals established under section 84.027, subdivision 18.
62.22    Subd. 2. Duties. The commissioner of natural resources and the school trust lands
62.23director shall recommend to the governor and the Legislative Permanent School Fund
62.24Commission any necessary or desirable changes in statutes relating to the trust or their the
62.25commissioner's trust responsibilities consistent with the policies under section 127A.351.
62.26    Subd. 3. Notice to commission and governor. If the school trust lands director has
62.27an irreconcilable disagreement with the commissioner of natural resources pertaining to
62.28the fiduciary responsibilities consistent with the school trust lands, it is the duty of the
62.29director to report the subject of the disagreement to the Legislative Permanent School
62.30Fund Commission and the governor.

62.31    Sec. 45. Minnesota Statutes 2012, section 168.1296, subdivision 1, is amended to read:
62.32    Subdivision 1. General requirements and procedures. (a) The commissioner shall
62.33issue critical habitat plates to an applicant who:
63.1(1) is a registered owner of a passenger automobile as defined in section 168.002,
63.2subdivision 24, or recreational vehicle as defined in section 168.002, subdivision 27;
63.3(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
63.4(3) pays the registration tax required under section 168.013;
63.5(4) pays the fees required under this chapter;
63.6(5) contributes a minimum of $30 $40 annually to the Minnesota critical habitat
63.7private sector matching account established in section 84.943; and
63.8(6) complies with this chapter and rules governing registration of motor vehicles
63.9and licensing of drivers.
63.10(b) The critical habitat plate application must indicate that the annual contribution
63.11specified under paragraph (a), clause (5), is a minimum contribution to receive the plate
63.12and that the applicant may make an additional contribution to the account.
63.13(c) Owners of recreational vehicles under paragraph (a), clause (1), are eligible
63.14only for special critical habitat license plates for which the designs are selected under
63.15subdivision 2, on or after January 1, 2006.
63.16(d) Special critical habitat license plates, the designs for which are selected under
63.17subdivision 2, on or after January 1, 2006, may be personalized according to section
63.18168.12, subdivision 2a .

63.19    Sec. 46. Minnesota Statutes 2012, section 239.101, subdivision 3, is amended to read:
63.20    Subd. 3. Petroleum inspection fee; appropriation, uses. (a) An inspection fee
63.21is imposed (1) on petroleum products when received by the first licensed distributor,
63.22and (2) on petroleum products received and held for sale or use by any person when the
63.23petroleum products have not previously been received by a licensed distributor. The
63.24petroleum inspection fee is $1 for every 1,000 gallons received. The commissioner of
63.25revenue shall collect the fee. The revenue from 81 89 cents of the fee is appropriated to
63.26the commissioner of commerce for the cost of operations of the Division of Weights and
63.27Measures, petroleum supply monitoring, and to make grants to providers of low-income
63.28weatherization services to install renewable energy equipment in households that are
63.29eligible for weatherization assistance under Minnesota's weatherization assistance
63.30program state plan. The remainder of the fee must be deposited in the general fund.
63.31    (b) The commissioner of revenue shall credit a person for inspection fees previously
63.32paid in error or for any material exported or sold for export from the state upon filing of a
63.33report as prescribed by the commissioner of revenue.
63.34    (c) The commissioner of revenue may collect the inspection fee along with any
63.35taxes due under chapter 296A.

64.1    Sec. 47. Minnesota Statutes 2012, section 275.066, is amended to read:
64.2275.066 SPECIAL TAXING DISTRICTS; DEFINITION.
64.3    For the purposes of property taxation and property tax state aids, the term "special
64.4taxing districts" includes the following entities:
64.5    (1) watershed districts under chapter 103D;
64.6    (2) sanitary districts under sections 115.18 to 115.37 442A.01 to 442A.29;
64.7    (3) regional sanitary sewer districts under sections 115.61 to 115.67;
64.8    (4) regional public library districts under section 134.201;
64.9    (5) park districts under chapter 398;
64.10    (6) regional railroad authorities under chapter 398A;
64.11    (7) hospital districts under sections 447.31 to 447.38;
64.12    (8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15;
64.13    (9) Duluth Transit Authority under sections 458A.21 to 458A.37;
64.14    (10) regional development commissions under sections 462.381 to 462.398;
64.15    (11) housing and redevelopment authorities under sections 469.001 to 469.047;
64.16    (12) port authorities under sections 469.048 to 469.068;
64.17    (13) economic development authorities under sections 469.090 to 469.1081;
64.18    (14) Metropolitan Council under sections 473.123 to 473.549;
64.19    (15) Metropolitan Airports Commission under sections 473.601 to 473.680;
64.20    (16) Metropolitan Mosquito Control Commission under sections 473.701 to 473.716;
64.21    (17) Morrison County Rural Development Financing Authority under Laws 1982,
64.22chapter 437, section 1;
64.23    (18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6;
64.24    (19) East Lake County Medical Clinic District under Laws 1989, chapter 211,
64.25sections 1 to 6;
64.26    (20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article
64.275, section 39;
64.28    (21) Middle Mississippi River Watershed Management Organization under sections
64.29103B.211 and 103B.241;
64.30    (22) emergency medical services special taxing districts under section 144F.01;
64.31    (23) a county levying under the authority of section 103B.241, 103B.245, or
64.32103B.251 ;
64.33    (24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
64.34under Laws 2003, First Special Session chapter 21, article 4, section 12;
64.35    (25) an airport authority created under section 360.0426; and
65.1    (26) any other political subdivision of the state of Minnesota, excluding counties,
65.2school districts, cities, and towns, that has the power to adopt and certify a property tax
65.3levy to the county auditor, as determined by the commissioner of revenue.

65.4    Sec. 48. [442A.01] DEFINITIONS.
65.5    Subdivision 1. Applicability. For the purposes of this chapter, the terms defined
65.6in this section have the meanings given.
65.7    Subd. 2. Chief administrative law judge. "Chief administrative law judge" means
65.8the chief administrative law judge of the Office of Administrative Hearings or the delegate
65.9of the chief administrative law judge under section 14.48.
65.10    Subd. 3. District. "District" means a sanitary district created under this chapter or
65.11under Minnesota Statutes 2012, sections 115.18 to 115.37.
65.12    Subd. 4. Municipality. "Municipality" means a city, however organized.
65.13    Subd. 5. Property owner. "Property owner" means the fee owner of land, or the
65.14beneficial owner of land whose interest is primarily one of possession and enjoyment.
65.15Property owner includes, but is not limited to, vendees under a contract for deed and
65.16mortgagors. Any reference to a percentage of property owners means in number.
65.17    Subd. 6. Related governing body. "Related governing body" means the governing
65.18body of a related governmental subdivision and, in the case of an organized town, means
65.19the town board.
65.20    Subd. 7. Related governmental subdivision. "Related governmental subdivision"
65.21means a municipality or organized town wherein there is a territorial unit of a district or, in
65.22the case of an unorganized area, the county.
65.23    Subd. 8. Statutory city. "Statutory city" means a city organized as provided by
65.24chapter 412, under the plan other than optional.
65.25    Subd. 9. Territorial unit. "Territorial unit" means all that part of a district situated
65.26within a single municipality, within a single organized town outside of a municipality, or,
65.27in the case of an unorganized area, within a single county.

65.28    Sec. 49. [442A.015] APPLICABILITY.
65.29All new sanitary district formations proposed and all sanitary districts previously
65.30formed under Minnesota Statutes 2012, sections 115.18 to 115.37, must comply with this
65.31chapter, including annexations to, detachments from, and resolutions of sanitary districts
65.32previously formed under Minnesota Statutes 2012, sections 115.18 to 115.37.

65.33    Sec. 50. [442A.02] SANITARY DISTRICTS; PROCEDURES AND AUTHORITY.
66.1    Subdivision 1. Duty of chief administrative law judge. The chief administrative
66.2law judge shall conduct proceedings, make determinations, and issue orders for the
66.3creation of a sanitary district formed under this chapter or the annexation, detachment,
66.4or dissolution of a sanitary district previously formed under Minnesota Statutes 2012,
66.5sections 115.18 to 115.37.
66.6    Subd. 2. Consolidation of proceedings. The chief administrative law judge may
66.7order the consolidation of separate proceedings in the interest of economy and expedience.
66.8    Subd. 3. Contracts, consultants. The chief administrative law judge may contract
66.9with regional, state, county, or local planning commissions and hire expert consultants to
66.10provide specialized information and assistance.
66.11    Subd. 4. Powers of conductor of proceedings. Any person conducting a
66.12proceeding under this chapter may administer oaths and affirmations; receive testimony
66.13of witnesses, and the production of papers, books, and documents; examine witnesses;
66.14and receive and report evidence. Upon the written request of a presiding administrative
66.15law judge or a party, the chief administrative law judge may issue a subpoena for the
66.16attendance of a witness or the production of books, papers, records, or other documents
66.17material to any proceeding under this chapter. The subpoena is enforceable through the
66.18district court in the district in which the subpoena is issued.
66.19    Subd. 5. Rulemaking authority. The chief administrative law judge may adopt rules
66.20according to section 14.386 that are reasonably necessary to carry out the duties and powers
66.21imposed upon the chief administrative law judge under this chapter. Notwithstanding
66.22section 16A.1283, the chief administrative law judge may adopt rules establishing fees.
66.23    Subd. 6. Schedule of filing fees. The chief administrative law judge may prescribe
66.24by rule a schedule of filing fees for any petitions filed under this chapter.
66.25    Subd. 7. Request for hearing transcripts; costs. Any party may request the chief
66.26administrative law judge to cause a transcript of the hearing to be made. Any party
66.27requesting a copy of the transcript is responsible for its costs.
66.28    Subd. 8. Compelled meetings; report. (a) In any proceeding under this chapter,
66.29the chief administrative law judge or conductor of the proceeding may at any time in the
66.30process require representatives from any petitioner, property owner, or involved city, town,
66.31county, political subdivision, or other governmental entity to meet together to discuss
66.32resolution of issues raised by the petition or order that confers jurisdiction on the chief
66.33administrative law judge and other issues of mutual concern. The chief administrative
66.34law judge or conductor of the proceeding may determine which entities are required
66.35to participate in these discussions. The chief administrative law judge or conductor of
66.36the proceeding may require that the parties meet at least three times during a 60-day
67.1period. The parties shall designate a person to report to the chief administrative law
67.2judge or conductor of the proceeding on the results of the meetings immediately after the
67.3last meeting. The parties may be granted additional time at the discretion of the chief
67.4administrative law judge or conductor of the proceedings.
67.5(b) Any proposed resolution or settlement of contested issues that results in a
67.6sanitary district formation, annexation, detachment, or dissolution; places conditions on
67.7any future sanitary district formation, annexation, detachment, or dissolution; or results in
67.8the withdrawal of an objection to a pending proceeding or the withdrawal of a pending
67.9proceeding must be filed with the chief administrative law judge and is subject to the
67.10applicable procedures and statutory criteria of this chapter.
67.11    Subd. 9. Data from state agencies. The chief administrative law judge may
67.12request information from any state department or agency to assist in carrying out the chief
67.13administrative law judge's duties under this chapter. The department or agency shall
67.14promptly furnish the requested information.
67.15    Subd. 10. Permanent official record. The chief administrative law judge shall
67.16provide information about sanitary district creations, annexations, detachments, and
67.17dissolutions to the Minnesota Pollution Control Agency. The Minnesota Pollution Control
67.18Agency is responsible for maintaining the official record, including all documentation
67.19related to the processes.
67.20    Subd. 11. Shared program costs and fee revenue. The chief administrative
67.21law judge and the Minnesota Pollution Control Agency shall agree on an amount to be
67.22transferred from the Minnesota Pollution Control Agency to the chief administrative law
67.23judge to pay for administration of this chapter, including publication and notification costs.
67.24Sanitary district fees collected by the chief administrative law judge shall be deposited in
67.25the environmental fund.
67.26EFFECTIVE DATE.Subdivision 5 is effective the day following final enactment.

67.27    Sec. 51. [442A.03] FILING OF MAPS IN SANITARY DISTRICT
67.28PROCEEDINGS.
67.29Any party initiating a sanitary district proceeding that includes platted land shall file
67.30with the chief administrative law judge maps which are necessary to support and identify
67.31the land description. The maps shall include copies of plats.

67.32    Sec. 52. [442A.04] SANITARY DISTRICT CREATION.
67.33    Subdivision 1. Sanitary district creation. (a) A sanitary district may be created
67.34under this chapter for any territory embracing an area or a group of two or more adjacent
68.1areas, whether contiguous or separate, but not situated entirely within the limits of a
68.2single municipality. The proposed sanitary district must promote the public health and
68.3welfare by providing an adequate and efficient system and means of collecting, conveying,
68.4pumping, treating, and disposing of domestic sewage and garbage and industrial wastes
68.5within the district. When the chief administrative law judge or the Minnesota Pollution
68.6Control Agency finds that there is need throughout the territory for the accomplishment
68.7of these purposes; that these purposes can be effectively accomplished on an equitable
68.8basis by a district if created; and that the creation and maintenance of a district will be
68.9administratively feasible and in furtherance of the public health, safety, and welfare, the
68.10chief administrative law judge shall make an order creating the sanitary district.
68.11(b) Notwithstanding paragraph (a), no district shall be created within 25 miles of the
68.12boundary of any city of the first class without the approval of the governing body thereof
68.13and the approval of the governing body of each and every municipality in the proposed
68.14district by resolution filed with the chief administrative law judge.
68.15(c) If the chief administrative law judge and the Minnesota Pollution Control Agency
68.16disagree on the need to create a sanitary district, they must determine whether not allowing
68.17the sanitary district formation will have a detrimental effect on the environment. If it is
68.18determined that the sanitary district formation will prevent environmental harm, the sanitary
68.19district creation or connection to an existing wastewater treatment system must occur.
68.20    Subd. 2. Proceeding to create sanitary district. (a) A proceeding for the creation
68.21of a district may be initiated by a petition to the chief administrative law judge containing
68.22the following:
68.23(1) a request for creation of the proposed district;
68.24(2) the name proposed for the district, to include the words "sanitary district";
68.25(3) a legal description of the territory of the proposed district, including justification
68.26for inclusion or exclusion for all parcels;
68.27(4) addresses of every property owner within the proposed district boundaries as
68.28provided by the county auditor, with certification from the county auditor; two sets of
68.29address labels for said owners; and a list of e-mail addresses for said owners, if available;
68.30(5) a statement showing the existence in the territory of the conditions requisite for
68.31creation of a district as prescribed in subdivision 1;
68.32(6) a statement of the territorial units represented by and the qualifications of the
68.33respective signers; and
68.34(7) the post office address of each signer, given under the signer's signature.
69.1A petition may consist of separate writings of like effect, each signed by one or more
69.2qualified persons, and all such writings, when filed, shall be considered together as a
69.3single petition.
69.4(b) Petitioners must conduct and pay for a public meeting to inform citizens of the
69.5proposed creation of the district. At the meeting, information must be provided, including
69.6a description of the district's proposed structure, bylaws, territory, ordinances, budget, and
69.7charges and a description of the territory of the proposed district, including justification
69.8for inclusion or exclusion for all parcels. Notice of the meeting must be published for two
69.9successive weeks in a qualified newspaper, as defined under chapter 331A, published
69.10within the territory of the proposed district or, if there is no qualified newspaper published
69.11within the territory, in a qualified newspaper of general circulation in the territory, and
69.12must be posted for two weeks in each territorial unit of the proposed district and on the
69.13Web site of the proposed district, if one exists. Notice of the meeting must be mailed or
69.14e-mailed at least three weeks prior to the meeting to all property tax billing addresses for
69.15all parcels included in the proposed district. The following must be submitted to the chief
69.16administrative law judge with the petition:
69.17(1) a record of the meeting, including copies of all information provided at the
69.18meeting;
69.19(2) a copy of the mailing list provided by the county auditor and used to notify
69.20property owners of the meeting;
69.21(3) a copy of the e-mail list used to notify property owners of the meeting;
69.22(4) the printer's affidavit of publication of public meeting notice;
69.23(5) an affidavit of posting the public meeting notice with information on dates and
69.24locations of posting; and
69.25(6) the minutes or other record of the public meeting documenting that the following
69.26topics were discussed: printer's affidavit of publication of each resolution, with a copy
69.27of the resolution from the newspaper attached; and the affidavit of resolution posting
69.28on the town or proposed district Web site.
69.29(c) Every petition must be signed as follows:
69.30(1) for each municipality wherein there is a territorial unit of the proposed district,
69.31by an authorized officer pursuant to a resolution of the municipal governing body;
69.32(2) for each organized town wherein there is a territorial unit of the proposed district,
69.33by an authorized officer pursuant to a resolution of the town board;
69.34(3) for each county wherein there is a territorial unit of the proposed district consisting
69.35of an unorganized area, by an authorized officer pursuant to a resolution of the county
69.36board or by at least 20 percent of the voters residing and owning land within the unit.
70.1(d) Each resolution must be published in the official newspaper of the governing
70.2body adopting it and becomes effective 40 days after publication, unless within said
70.3period there shall be filed with the governing body a petition signed by qualified electors
70.4of a territorial unit of the proposed district, equal in number to five percent of the number
70.5of electors voting at the last preceding election of the governing body, requesting a
70.6referendum on the resolution, in which case the resolution may not become effective until
70.7approved by a majority of the qualified electors voting at a regular election or special
70.8election that the governing body may call. The notice of an election and the ballot to be
70.9used must contain the text of the resolution followed by the question: "Shall the above
70.10resolution be approved?"
70.11(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
70.12the signer's landowner status as shown by the county auditor's tax assessment records,
70.13certified by the auditor, shall be attached to or endorsed upon the petition.
70.14(f) At any time before publication of the public notice required in subdivision 3,
70.15additional signatures may be added to the petition or amendments of the petition may
70.16be made to correct or remedy any error or defect in signature or otherwise except a
70.17material error or defect in the description of the territory of the proposed district. If the
70.18qualifications of any signer of a petition are challenged, the chief administrative law judge
70.19shall determine the challenge forthwith on the allegations of the petition, the county
70.20auditor's certificate of land ownership, and such other evidence as may be received.
70.21    Subd. 3. Notice of intent to create sanitary district. (a) Upon receipt of a petition
70.22and the record of the public meeting required under subdivision 2, the chief administrative
70.23law judge shall publish a notice of intent to create the proposed sanitary district in the State
70.24Register and mail or e-mail information of that publication to each property owner in the
70.25affected territory at the owner's address as given by the county auditor. The information
70.26must state the date that the notice will appear in the State Register and give the Web site
70.27location for the State Register. The notice must:
70.28(1) describe the petition for creation of the district;
70.29(2) describe the territory affected by the petition;
70.30(3) allow 30 days for submission of written comments on the petition;
70.31(4) state that a person who objects to the petition may submit a written request for
70.32hearing to the chief administrative law judge within 30 days of the publication of the
70.33notice in the State Register; and
70.34(5) state that if a timely request for hearing is not received, the chief administrative
70.35law judge may make a decision on the petition.
71.1(b) If 50 or more individual timely requests for hearing are received, the chief
71.2administrative law judge must hold a hearing on the petition according to the contested
71.3case provisions of chapter 14. The sanitary district proposers are responsible for paying all
71.4costs involved in publicizing and holding a hearing on the petition.
71.5    Subd. 4. Hearing time, place. If a hearing is required pursuant to subdivision 3, the
71.6chief administrative law judge shall designate a time and place for a hearing according
71.7to section 442A.13.
71.8    Subd. 5. Relevant factors. (a) In arriving at a decision, the chief administrative law
71.9judge shall consider the following factors:
71.10(1) administrative feasibility;
71.11(2) public health, safety, and welfare impacts;
71.12(3) alternatives for managing the public health impacts;
71.13(4) equities of the petition proposal;
71.14(5) contours of the petition proposal; and
71.15(6) public notification of and interaction on the petition proposal.
71.16(b) Based on the factors in paragraph (a), the chief administrative law judge may
71.17order the sanitary district creation on finding that:
71.18(1) the proposed district is administratively feasible;
71.19(2) the proposed district provides a long-term, equitable solution to pollution
71.20problems affecting public health, safety, and welfare;
71.21(3) property owners within the proposed district were provided notice of the
71.22proposed district and opportunity to comment on the petition proposal; and
71.23(4) the petition complied with the requirements of all applicable statutes and rules
71.24pertaining to sanitary district creation.
71.25(c) The chief administrative law judge may alter the boundaries of the proposed
71.26sanitary district by increasing or decreasing the area to be included or may exclude
71.27property that may be better served by another unit of government. The chief administrative
71.28law judge may also alter the boundaries of the proposed district so as to follow visible,
71.29clearly recognizable physical features for municipal boundaries.
71.30(d) The chief administrative law judge may deny sanitary district creation if the area,
71.31or a part thereof, would be better served by an alternative method.
71.32(e) In all cases, the chief administrative law judge shall set forth the factors that are
71.33the basis for the decision.
71.34    Subd. 6. Findings; order. After the public notice period or the public hearing, if
71.35required under subdivision 3, and based on the petition, any public comments received,
71.36and, if a hearing was held, the hearing record, the chief administrative law judge shall
72.1make findings of fact and conclusions determining whether the conditions requisite for the
72.2creation of a district exist in the territory described in the petition. If the chief administrative
72.3law judge finds that the conditions exist, the judge may make an order creating a district
72.4for the territory described in that petition under the name proposed in the petition or such
72.5other name, including the words "sanitary district," as the judge deems appropriate.
72.6    Subd. 7. Denial of petition. If the chief administrative law judge, after conclusion
72.7of the public notice period or holding a hearing, if required, determines that the creation of
72.8a district in the territory described in the petition is not warranted, the judge shall make
72.9an order denying the petition. The chief administrative law judge shall give notice of the
72.10denial by mail or e-mail to each signer of the petition. No petition for the creation of a
72.11district consisting of the same territory shall be entertained within a year after the date of
72.12an order under this subdivision. Nothing in this subdivision precludes action on a petition
72.13for the creation of a district embracing part of the territory with or without other territory.
72.14    Subd. 8. Notice of order creating sanitary district. The chief administrative law
72.15judge shall publish a notice in the State Register of the final order creating a sanitary
72.16district, referring to the date of the order and describing the territory of the district, and
72.17shall mail or e-mail information of the publication to each property owner in the affected
72.18territory at the owner's address as given by the county auditor. The information must state
72.19the date that the notice will appear in the State Register and give the Web site location
72.20for the State Register. The notice must:
72.21(1) describe the petition for creation of the district;
72.22(2) describe the territory affected by the petition; and
72.23(3) state that a certified copy of the order shall be delivered to the secretary of state
72.24for filing ten days after public notice of the order in the State Register.
72.25    Subd. 9. Filing. Ten days after public notice of the order in the State Register, the
72.26chief administrative law judge shall deliver a certified copy of the order to the secretary
72.27of state for filing. Thereupon, the creation of the district is deemed complete, and it
72.28shall be conclusively presumed that all requirements of law relating thereto have been
72.29complied with. The chief administrative law judge shall also transmit a certified copy of
72.30the order for filing to the county auditor of each county and the clerk or recorder of each
72.31municipality and organized town wherein any part of the territory of the district is situated
72.32and to the secretary of the district board when elected.

72.33    Sec. 53. [442A.05] SANITARY DISTRICT ANNEXATION.
73.1    Subdivision 1. Annexation. (a) A sanitary district annexation may occur under
73.2this chapter for any area adjacent to an existing district upon a petition to the chief
73.3administrative law judge stating the grounds therefor as provided in this section.
73.4(b) The proposed annexation area must embrace an area or a group of two or more
73.5adjacent areas, whether contiguous or separate, but not situated entirely within the limits
73.6of a single municipality. The proposed annexation must promote public health and
73.7welfare by providing an adequate and efficient system and means of collecting, conveying,
73.8pumping, treating, and disposing of domestic sewage and garbage and industrial wastes
73.9within the district. When the chief administrative law judge or the Minnesota Pollution
73.10Control Agency finds that there is need throughout the territory for the accomplishment of
73.11these purposes, that these purposes can be effectively accomplished on an equitable basis
73.12by annexation to a district, and that the creation and maintenance of such annexation will
73.13be administratively feasible and in furtherance of the public health, safety, and welfare,
73.14the chief administrative law judge shall make an order for sanitary district annexation.
73.15(c) Notwithstanding paragraph (b), no annexation to a district shall be approved
73.16within 25 miles of the boundary of any city of the first class without the approval
73.17of the governing body thereof and the approval of the governing body of each and
73.18every municipality in the proposed annexation area by resolution filed with the chief
73.19administrative law judge.
73.20(d) If the chief administrative law judge and the Minnesota Pollution Control Agency
73.21disagree on the need for a sanitary district annexation, they must determine whether not
73.22allowing the sanitary district annexation will have a detrimental effect on the environment.
73.23If it is determined that the sanitary district annexation will prevent environmental harm,
73.24the sanitary district annexation or connection to an existing wastewater treatment system
73.25must occur.
73.26    Subd. 2. Proceeding for annexation. (a) A proceeding for sanitary district
73.27annexation may be initiated by a petition to the chief administrative law judge containing
73.28the following:
73.29(1) a request for proposed annexation to a sanitary district;
73.30(2) a legal description of the territory of the proposed annexation, including
73.31justification for inclusion or exclusion for all parcels;
73.32(3) addresses of every property owner within the existing sanitary district and
73.33proposed annexation area boundaries as provided by the county auditor, with certification
73.34from the county auditor; two sets of address labels for said owners; and a list of e-mail
73.35addresses for said owners, if available;
74.1(4) a statement showing the existence in such territory of the conditions requisite
74.2for annexation to a district as prescribed in subdivision 1;
74.3(5) a statement of the territorial units represented by and qualifications of the
74.4respective signers; and
74.5(6) the post office address of each signer, given under the signer's signature.
74.6A petition may consist of separate writings of like effect, each signed by one or more
74.7qualified persons, and all such writings, when filed, shall be considered together as a
74.8single petition.
74.9(b) Petitioners must conduct and pay for a public meeting to inform citizens of the
74.10proposed annexation to a sanitary district. At the meeting, information must be provided,
74.11including a description of the existing sanitary district's structure, bylaws, territory,
74.12ordinances, budget, and charges; a description of the existing sanitary district's territory;
74.13and a description of the territory of the proposed annexation area, including justification
74.14for inclusion or exclusion for all parcels for the annexation area. Notice of the meeting
74.15must be published for two successive weeks in a qualified newspaper, as defined under
74.16chapter 331A, published within the territories of the existing sanitary district and proposed
74.17annexation area or, if there is no qualified newspaper published within those territories, in
74.18a qualified newspaper of general circulation in the territories, and must be posted for two
74.19weeks in each territorial unit of the existing sanitary district and proposed annexation area
74.20and on the Web site of the existing sanitary district, if one exists. Notice of the meeting
74.21must be mailed or e-mailed at least three weeks prior to the meeting to all property tax
74.22billing addresses for all parcels included in the existing sanitary district and proposed
74.23annexation area. The following must be submitted to the chief administrative law judge
74.24with the petition:
74.25(1) a record of the meeting, including copies of all information provided at the
74.26meeting;
74.27(2) a copy of the mailing list provided by the county auditor and used to notify
74.28property owners of the meeting;
74.29(3) a copy of the e-mail list used to notify property owners of the meeting;
74.30(4) the printer's affidavit of publication of the public meeting notice;
74.31(5) an affidavit of posting the public meeting notice with information on dates and
74.32locations of posting; and
74.33(6) the minutes or other record of the public meeting documenting that the following
74.34topics were discussed: printer's affidavit of publication of each resolution, with copy
74.35of resolution from newspaper attached; and affidavit of resolution posting on town or
74.36existing sanitary district Web site.
75.1(c) Every petition must be signed as follows:
75.2(1) by an authorized officer of the existing sanitary district pursuant to a resolution
75.3of the board;
75.4(2) for each municipality wherein there is a territorial unit of the proposed annexation
75.5area, by an authorized officer pursuant to a resolution of the municipal governing body;
75.6(3) for each organized town wherein there is a territorial unit of the proposed
75.7annexation area, by an authorized officer pursuant to a resolution of the town board; and
75.8(4) for each county wherein there is a territorial unit of the proposed annexation area
75.9consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
75.10county board or by at least 20 percent of the voters residing and owning land within the unit.
75.11(d) Each resolution must be published in the official newspaper of the governing
75.12body adopting it and becomes effective 40 days after publication, unless within said
75.13period there shall be filed with the governing body a petition signed by qualified electors
75.14of a territorial unit of the proposed annexation area, equal in number to five percent of the
75.15number of electors voting at the last preceding election of the governing body, requesting
75.16a referendum on the resolution, in which case the resolution may not become effective
75.17until approved by a majority of the qualified electors voting at a regular election or special
75.18election that the governing body may call. The notice of an election and the ballot to be
75.19used must contain the text of the resolution followed by the question: "Shall the above
75.20resolution be approved?"
75.21(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
75.22the signer's landowner status as shown by the county auditor's tax assessment records,
75.23certified by the auditor, shall be attached to or endorsed upon the petition.
75.24(f) At any time before publication of the public notice required in subdivision 4,
75.25additional signatures may be added to the petition or amendments of the petition may be
75.26made to correct or remedy any error or defect in signature or otherwise except a material
75.27error or defect in the description of the territory of the proposed annexation area. If the
75.28qualifications of any signer of a petition are challenged, the chief administrative law judge
75.29shall determine the challenge forthwith on the allegations of the petition, the county
75.30auditor's certificate of land ownership, and such other evidence as may be received.
75.31    Subd. 3. Joint petition. Different areas may be annexed to a district in a single
75.32proceeding upon a joint petition therefor and upon compliance with the provisions of
75.33subdivisions 1 and 2 with respect to the area affected so far as applicable.
75.34    Subd. 4. Notice of intent for sanitary district annexation. (a) Upon receipt
75.35of a petition and the record of public meeting required under subdivision 2, the chief
75.36administrative law judge shall publish a notice of intent for sanitary district annexation
76.1in the State Register and mail or e-mail information of the publication to each property
76.2owner in the affected territory at the owner's address as given by the county auditor. The
76.3information must state the date that the notice will appear in the State Register and give
76.4the Web site location for the State Register. The notice must:
76.5(1) describe the petition for sanitary district annexation;
76.6(2) describe the territory affected by the petition;
76.7(3) allow 30 days for submission of written comments on the petition;
76.8(4) state that a person who objects to the petition may submit a written request for
76.9hearing to the chief administrative law judge within 30 days of the publication of the
76.10notice in the State Register; and
76.11(5) state that if a timely request for hearing is not received, the chief administrative
76.12law judge may make a decision on the petition.
76.13(b) If 50 or more individual timely requests for hearing are received, the chief
76.14administrative law judge must hold a hearing on the petition according to the contested case
76.15provisions of chapter 14. The sanitary district or annexation area proposers are responsible
76.16for paying all costs involved in publicizing and holding a hearing on the petition.
76.17    Subd. 5. Hearing time, place. If a hearing is required under subdivision 4, the
76.18chief administrative law judge shall designate a time and place for a hearing according
76.19to section 442A.13.
76.20    Subd. 6. Relevant factors. (a) In arriving at a decision, the chief administrative law
76.21judge shall consider the following factors:
76.22(1) administrative feasibility;
76.23(2) public health, safety, and welfare impacts;
76.24(3) alternatives for managing the public health impacts;
76.25(4) equities of the petition proposal;
76.26(5) contours of the petition proposal; and
76.27(6) public notification of and interaction on the petition proposal.
76.28(b) Based upon these factors, the chief administrative law judge may order the
76.29annexation to the sanitary district on finding that:
76.30(1) the sanitary district is knowledgeable and experienced in delivering sanitary sewer
76.31services to ratepayers and has provided quality service in a fair and cost-effective manner;
76.32(2) the proposed annexation provides a long-term, equitable solution to pollution
76.33problems affecting public health, safety, and welfare;
76.34(3) property owners within the existing sanitary district and proposed annexation
76.35area were provided notice of the proposed district and opportunity to comment on the
76.36petition proposal; and
77.1(4) the petition complied with the requirements of all applicable statutes and rules
77.2pertaining to sanitary district annexation.
77.3(c) The chief administrative law judge may alter the boundaries of the proposed
77.4annexation area by increasing or decreasing the area to be included or may exclude
77.5property that may be better served by another unit of government. The chief administrative
77.6law judge may also alter the boundaries of the proposed annexation area so as to follow
77.7visible, clearly recognizable physical features for municipal boundaries.
77.8(d) The chief administrative law judge may deny sanitary district annexation if the
77.9area, or a part thereof, would be better served by an alternative method.
77.10(e) In all cases, the chief administrative law judge shall set forth the factors that are
77.11the basis for the decision.
77.12    Subd. 7. Findings; order. (a) After the public notice period or the public hearing, if
77.13required under subdivision 4, and based on the petition, any public comments received,
77.14and, if a hearing was held, the hearing record, the chief administrative law judge shall
77.15make findings of fact and conclusions determining whether the conditions requisite for
77.16the sanitary district annexation exist in the territory described in the petition. If the chief
77.17administrative law judge finds that conditions exist, the judge may make an order for
77.18sanitary district annexation for the territory described in the petition.
77.19(b) All taxable property within the annexed area shall be subject to taxation for
77.20any existing bonded indebtedness or other indebtedness of the district for the cost of
77.21acquisition, construction, or improvement of any disposal system or other works or
77.22facilities beneficial to the annexed area to such extent as the chief administrative law judge
77.23may determine to be just and equitable, to be specified in the order for annexation. The
77.24proper officers shall levy further taxes on such property accordingly.
77.25    Subd. 8. Denial of petition. If the chief administrative law judge, after conclusion
77.26of the public notice period or holding a hearing, if required, determines that the sanitary
77.27district annexation in the territory described in the petition is not warranted, the judge shall
77.28make an order denying the petition. The chief administrative law judge shall give notice
77.29of the denial by mail or e-mail to each signer of the petition. No petition for a sanitary
77.30district annexation consisting of the same territory shall be entertained within a year
77.31after the date of an order under this subdivision. Nothing in this subdivision precludes
77.32action on a petition for a sanitary district annexation embracing part of the territory with
77.33or without other territory.
77.34    Subd. 9. Notice of order for sanitary district annexation. The chief administrative
77.35law judge shall publish in the State Register a notice of the final order for sanitary district
77.36annexation, referring to the date of the order and describing the territory of the annexation
78.1area, and shall mail or e-mail information of the publication to each property owner in the
78.2affected territory at the owner's address as given by the county auditor. The information
78.3must state the date that the notice will appear in the State Register and give the Web site
78.4location for the State Register. The notice must:
78.5(1) describe the petition for annexation to the district;
78.6(2) describe the territory affected by the petition; and
78.7(3) state that a certified copy of the order shall be delivered to the secretary of state
78.8for filing ten days after public notice of the order in the State Register.
78.9    Subd. 10. Filing. Ten days after public notice of the order in the State Register, the
78.10chief administrative law judge shall deliver a certified copy of the order to the secretary
78.11of state for filing. Thereupon, the sanitary district annexation is deemed complete, and it
78.12shall be conclusively presumed that all requirements of law relating thereto have been
78.13complied with. The chief administrative law judge shall also transmit a certified copy of
78.14the order for filing to the county auditor of each county and the clerk or recorder of each
78.15municipality and organized town wherein any part of the territory of the district, including
78.16the newly annexed area, is situated and to the secretary of the district board.

78.17    Sec. 54. [442A.06] SANITARY DISTRICT DETACHMENT.
78.18    Subdivision 1. Detachment. (a) A sanitary district detachment may occur under this
78.19chapter for any area within an existing district upon a petition to the chief administrative
78.20law judge stating the grounds therefor as provided in this section.
78.21(b) The proposed detachment must not have any negative environmental impact
78.22on the proposed detachment area.
78.23(c) If the chief administrative law judge and the Minnesota Pollution Control
78.24Agency disagree on the need for a sanitary district detachment, they must determine
78.25whether not allowing the sanitary district detachment will have a detrimental effect on
78.26the environment. If it is determined that the sanitary district detachment will cause
78.27environmental harm, the sanitary district detachment is not allowed unless the detached
78.28area is immediately connected to an existing wastewater treatment system.
78.29    Subd. 2. Proceeding for detachment. (a) A proceeding for sanitary district
78.30detachment may be initiated by a petition to the chief administrative law judge containing
78.31the following:
78.32(1) a request for proposed detachment from a sanitary district;
78.33(2) a statement that the requisite conditions for inclusion in a district no longer exist
78.34in the proposed detachment area;
79.1(3) a legal description of the territory of the proposed detachment, including
79.2justification for inclusion or exclusion for all parcels;
79.3(4) addresses of every property owner within the sanitary district and proposed
79.4detachment area boundaries as provided by the county auditor, with certification from the
79.5county auditor; two sets of address labels for said owners; and a list of e-mail addresses
79.6for said owners, if available;
79.7(5) a statement of the territorial units represented by and qualifications of the
79.8respective signers; and
79.9(6) the post office address of each signer, given under the signer's signature.
79.10A petition may consist of separate writings of like effect, each signed by one or more
79.11qualified persons, and all such writings, when filed, shall be considered together as a
79.12single petition.
79.13(b) Petitioners must conduct and pay for a public meeting to inform citizens of
79.14the proposed detachment from a sanitary district. At the meeting, information must be
79.15provided, including a description of the existing district's territory and a description of the
79.16territory of the proposed detachment area, including justification for inclusion or exclusion
79.17for all parcels for the detachment area. Notice of the meeting must be published for two
79.18successive weeks in a qualified newspaper, as defined under chapter 331A, published
79.19within the territories of the existing sanitary district and proposed detachment area or, if
79.20there is no qualified newspaper published within those territories, in a qualified newspaper
79.21of general circulation in the territories, and must be posted for two weeks in each territorial
79.22unit of the existing sanitary district and proposed detachment area and on the Web site
79.23of the existing sanitary district, if one exists. Notice of the meeting must be mailed or
79.24e-mailed at least three weeks prior to the meeting to all property tax billing addresses for
79.25all parcels included in the sanitary district. The following must be submitted to the chief
79.26administrative law judge with the petition:
79.27(1) a record of the meeting, including copies of all information provided at the
79.28meeting;
79.29(2) a copy of the mailing list provided by the county auditor and used to notify
79.30property owners of the meeting;
79.31(3) a copy of the e-mail list used to notify property owners of the meeting;
79.32(4) the printer's affidavit of publication of public meeting notice;
79.33(5) an affidavit of posting the public meeting notice with information on dates and
79.34locations of posting; and
79.35(6) minutes or other record of the public meeting documenting that the following
79.36topics were discussed: printer's affidavit of publication of each resolution, with copy
80.1of resolution from newspaper attached; and affidavit of resolution posting on town or
80.2existing sanitary district Web site.
80.3(c) Every petition must be signed as follows:
80.4(1) by an authorized officer of the existing sanitary district pursuant to a resolution
80.5of the board;
80.6(2) for each municipality wherein there is a territorial unit of the proposed detachment
80.7area, by an authorized officer pursuant to a resolution of the municipal governing body;
80.8(3) for each organized town wherein there is a territorial unit of the proposed
80.9detachment area, by an authorized officer pursuant to a resolution of the town board; and
80.10(4) for each county wherein there is a territorial unit of the proposed detachment area
80.11consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
80.12county board or by at least 20 percent of the voters residing and owning land within the unit.
80.13(d) Each resolution must be published in the official newspaper of the governing
80.14body adopting it and becomes effective 40 days after publication, unless within said period
80.15there shall be filed with the governing body a petition signed by qualified electors of a
80.16territorial unit of the proposed detachment area, equal in number to five percent of the
80.17number of electors voting at the last preceding election of the governing body, requesting
80.18a referendum on the resolution, in which case the resolution may not become effective
80.19until approved by a majority of the qualified electors voting at a regular election or special
80.20election that the governing body may call. The notice of an election and the ballot to be
80.21used must contain the text of the resolution followed by the question: "Shall the above
80.22resolution be approved?"
80.23(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
80.24the signer's landowner status as shown by the county auditor's tax assessment records,
80.25certified by the auditor, shall be attached to or endorsed upon the petition.
80.26(f) At any time before publication of the public notice required in subdivision 4,
80.27additional signatures may be added to the petition or amendments of the petition may be
80.28made to correct or remedy any error or defect in signature or otherwise except a material
80.29error or defect in the description of the territory of the proposed detachment area. If the
80.30qualifications of any signer of a petition are challenged, the chief administrative law judge
80.31shall determine the challenge forthwith on the allegations of the petition, the county
80.32auditor's certificate of land ownership, and such other evidence as may be received.
80.33    Subd. 3. Joint petition. Different areas may be detached from a district in a single
80.34proceeding upon a joint petition therefor and upon compliance with the provisions of
80.35subdivisions 1 and 2 with respect to the area affected so far as applicable.
81.1    Subd. 4. Notice of intent for sanitary district detachment. (a) Upon receipt
81.2of a petition and record of public meeting required under subdivision 2, the chief
81.3administrative law judge shall publish a notice of intent for sanitary district detachment
81.4in the State Register and mail or e-mail information of the publication to each property
81.5owner in the affected territory at the owner's address as given by the county auditor. The
81.6information must state the date that the notice will appear in the State Register and give
81.7the Web site location for the State Register. The notice must:
81.8(1) describe the petition for sanitary district detachment;
81.9(2) describe the territory affected by the petition;
81.10(3) allow 30 days for submission of written comments on the petition;
81.11(4) state that a person who objects to the petition may submit a written request for
81.12hearing to the chief administrative law judge within 30 days of the publication of the
81.13notice in the State Register; and
81.14(5) state that if a timely request for hearing is not received, the chief administrative
81.15law judge may make a decision on the petition.
81.16(b) If 50 or more individual timely requests for hearing are received, the chief
81.17administrative law judge must hold a hearing on the petition according to the contested case
81.18provisions of chapter 14. The sanitary district or detachment area proposers are responsible
81.19for paying all costs involved in publicizing and holding a hearing on the petition.
81.20    Subd. 5. Hearing time, place. If a hearing is required under subdivision 4, the
81.21chief administrative law judge shall designate a time and place for a hearing according
81.22to section 442A.13.
81.23    Subd. 6. Relevant factors. (a) In arriving at a decision, the chief administrative law
81.24judge shall consider the following factors:
81.25(1) public health, safety, and welfare impacts for the proposed detachment area;
81.26(2) alternatives for managing the public health impacts for the proposed detachment
81.27area;
81.28(3) equities of the petition proposal;
81.29(4) contours of the petition proposal; and
81.30(5) public notification of and interaction on the petition proposal.
81.31(b) Based upon these factors, the chief administrative law judge may order the
81.32detachment from the sanitary district on finding that:
81.33(1) the proposed detachment area has adequate alternatives for managing public
81.34health impacts due to the detachment;
82.1(2) the proposed detachment area is not necessary for the district to provide a
82.2long-term, equitable solution to pollution problems affecting public health, safety, and
82.3welfare;
82.4(3) property owners within the existing sanitary district and proposed detachment
82.5area were provided notice of the proposed detachment and opportunity to comment on
82.6the petition proposal; and
82.7(4) the petition complied with the requirements of all applicable statutes and rules
82.8pertaining to sanitary district detachment.
82.9(c) The chief administrative law judge may alter the boundaries of the proposed
82.10detachment area by increasing or decreasing the area to be included or may exclude
82.11property that may be better served by another unit of government. The chief administrative
82.12law judge may also alter the boundaries of the proposed detachment area so as to follow
82.13visible, clearly recognizable physical features for municipal boundaries.
82.14(d) The chief administrative law judge may deny sanitary district detachment if the
82.15area, or a part thereof, would be better served by an alternative method.
82.16(e) In all cases, the chief administrative law judge shall set forth the factors that are
82.17the basis for the decision.
82.18    Subd. 7. Findings; order. (a) After the public notice period or the public hearing, if
82.19required under subdivision 4, and based on the petition, any public comments received,
82.20and, if a hearing was held, the hearing record, the chief administrative law judge shall
82.21make findings of fact and conclusions determining whether the conditions requisite for
82.22the sanitary district detachment exist in the territory described in the petition. If the chief
82.23administrative law judge finds that conditions exist, the judge may make an order for
82.24sanitary district detachment for the territory described in the petition.
82.25(b) All taxable property within the detached area shall remain subject to taxation
82.26for any existing bonded indebtedness of the district to such extent as it would have been
82.27subject thereto if not detached and shall also remain subject to taxation for any other
82.28existing indebtedness of the district incurred for any purpose beneficial to such area to
82.29such extent as the chief administrative law judge may determine to be just and equitable,
82.30to be specified in the order for detachment. The proper officers shall levy further taxes on
82.31such property accordingly.
82.32    Subd. 8. Denial of petition. If the chief administrative law judge, after conclusion
82.33of the public notice period or holding a hearing, if required, determines that the sanitary
82.34district detachment in the territory described in the petition is not warranted, the judge
82.35shall make an order denying the petition. The chief administrative law judge shall give
82.36notice of the denial by mail or e-mail to each signer of the petition. No petition for a
83.1detachment from a district consisting of the same territory shall be entertained within a
83.2year after the date of an order under this subdivision. Nothing in this subdivision precludes
83.3action on a petition for a detachment from a district embracing part of the territory with
83.4or without other territory.
83.5    Subd. 9. Notice of order for sanitary district detachment. The chief
83.6administrative law judge shall publish in the State Register a notice of the final order
83.7for sanitary district detachment, referring to the date of the order and describing the
83.8territory of the detached area and shall mail or e-mail information of the publication
83.9to each property owner in the affected territory at the owner's address as given by the
83.10county auditor. The information must state the date that the notice will appear in the State
83.11Register and give the Web site location for the State Register. The notice must:
83.12(1) describe the petition for detachment from the district;
83.13(2) describe the territory affected by the petition; and
83.14(3) state that a certified copy of the order shall be delivered to the secretary of state
83.15for filing ten days after public notice of the order in the State Register.
83.16    Subd. 10. Filing. Ten days after public notice of the order in the State Register, the
83.17chief administrative law judge shall deliver a certified copy of the order to the secretary of
83.18state for filing. Thereupon, the sanitary district detachment is deemed complete, and it
83.19shall be conclusively presumed that all requirements of law relating thereto have been
83.20complied with. The chief administrative law judge shall also transmit a certified copy of
83.21the order for filing to the county auditor of each county and the clerk or recorder of each
83.22municipality and organized town wherein any part of the territory of the district, including
83.23the newly detached area, is situated and to the secretary of the district board.

83.24    Sec. 55. [442A.07] SANITARY DISTRICT DISSOLUTION.
83.25    Subdivision 1. Dissolution. (a) An existing sanitary district may be dissolved under
83.26this chapter upon a petition to the chief administrative law judge stating the grounds
83.27therefor as provided in this section.
83.28(b) The proposed dissolution must not have any negative environmental impact on
83.29the existing sanitary district area.
83.30(c) If the chief administrative law judge and the Minnesota Pollution Control
83.31Agency disagree on the need to dissolve a sanitary district, they must determine whether
83.32not dissolving the sanitary district will have a detrimental effect on the environment. If
83.33it is determined that the sanitary district dissolution will cause environmental harm, the
83.34sanitary district dissolution is not allowed unless the existing sanitary district area is
83.35immediately connected to an existing wastewater treatment system.
84.1    Subd. 2. Proceeding for dissolution. (a) A proceeding for sanitary district
84.2dissolution may be initiated by a petition to the chief administrative law judge containing
84.3the following:
84.4(1) a request for proposed sanitary district dissolution;
84.5(2) a statement that the requisite conditions for a sanitary district no longer exist
84.6in the district area;
84.7(3) a proposal for distribution of the remaining funds of the district, if any, among
84.8the related governmental subdivisions;
84.9(4) a legal description of the territory of the proposed dissolution;
84.10(5) addresses of every property owner within the sanitary district boundaries as
84.11provided by the county auditor, with certification from the county auditor; two sets of
84.12address labels for said owners; and a list of e-mail addresses for said owners, if available;
84.13(6) a statement of the territorial units represented by and the qualifications of the
84.14respective signers; and
84.15(7) the post office address of each signer, given under the signer's signature.
84.16A petition may consist of separate writings of like effect, each signed by one or more
84.17qualified persons, and all such writings, when filed, shall be considered together as a
84.18single petition.
84.19(b) Petitioners must conduct and pay for a public meeting to inform citizens of the
84.20proposed dissolution of a sanitary district. At the meeting, information must be provided,
84.21including a description of the existing district's territory. Notice of the meeting must be
84.22published for two successive weeks in a qualified newspaper, as defined under chapter
84.23331A, published within the territory of the sanitary district or, if there is no qualified
84.24newspaper published within that territory, in a qualified newspaper of general circulation
84.25in the territory and must be posted for two weeks in each territorial unit of the sanitary
84.26district and on the Web site of the existing sanitary district, if one exists. Notice of the
84.27meeting must be mailed or e-mailed at least three weeks prior to the meeting to all property
84.28tax billing addresses for all parcels included in the sanitary district. The following must be
84.29submitted to the chief administrative law judge with the petition:
84.30(1) a record of the meeting, including copies of all information provided at the
84.31meeting;
84.32(2) a copy of the mailing list provided by the county auditor and used to notify
84.33property owners of the meeting;
84.34(3) a copy of the e-mail list used to notify property owners of the meeting;
84.35(4) the printer's affidavit of publication of public meeting notice;
85.1(5) an affidavit of posting the public meeting notice with information on dates and
85.2locations of posting; and
85.3(6) minutes or other record of the public meeting documenting that the following
85.4topics were discussed: printer's affidavit of publication of each resolution, with copy
85.5of resolution from newspaper attached; and affidavit of resolution posting on town or
85.6existing sanitary district Web site.
85.7(c) Every petition must be signed as follows:
85.8(1) by an authorized officer of the existing sanitary district pursuant to a resolution
85.9of the board;
85.10(2) for each municipality wherein there is a territorial unit of the existing sanitary
85.11district, by an authorized officer pursuant to a resolution of the municipal governing body;
85.12(3) for each organized town wherein there is a territorial unit of the existing sanitary
85.13district, by an authorized officer pursuant to a resolution of the town board; and
85.14(4) for each county wherein there is a territorial unit of the existing sanitary district
85.15consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
85.16county board or by at least 20 percent of the voters residing and owning land within the unit.
85.17(d) Each resolution must be published in the official newspaper of the governing body
85.18adopting it and becomes effective 40 days after publication, unless within said period there
85.19shall be filed with the governing body a petition signed by qualified electors of a territorial
85.20unit of the district, equal in number to five percent of the number of electors voting at the
85.21last preceding election of the governing body, requesting a referendum on the resolution,
85.22in which case the resolution may not become effective until approved by a majority of the
85.23qualified electors voting at a regular election or special election that the governing body
85.24may call. The notice of an election and the ballot to be used must contain the text of the
85.25resolution followed by the question: "Shall the above resolution be approved?"
85.26(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
85.27the signer's landowner status as shown by the county auditor's tax assessment records,
85.28certified by the auditor, shall be attached to or endorsed upon the petition.
85.29(f) At any time before publication of the public notice required in subdivision 3,
85.30additional signatures may be added to the petition or amendments of the petition may be
85.31made to correct or remedy any error or defect in signature or otherwise except a material
85.32error or defect in the description of the territory of the proposed dissolution area. If the
85.33qualifications of any signer of a petition are challenged, the chief administrative law judge
85.34shall determine the challenge forthwith on the allegations of the petition, the county
85.35auditor's certificate of land ownership, and such other evidence as may be received.
86.1    Subd. 3. Notice of intent for sanitary district dissolution. (a) Upon receipt
86.2of a petition and record of the public meeting required under subdivision 2, the chief
86.3administrative law judge shall publish a notice of intent of sanitary district dissolution
86.4in the State Register and mail or e-mail information of the publication to each property
86.5owner in the affected territory at the owner's address as given by the county auditor. The
86.6information must state the date that the notice will appear in the State Register and give
86.7the Web site location for the State Register. The notice must:
86.8(1) describe the petition for sanitary district dissolution;
86.9(2) describe the territory affected by the petition;
86.10(3) allow 30 days for submission of written comments on the petition;
86.11(4) state that a person who objects to the petition may submit a written request for
86.12hearing to the chief administrative law judge within 30 days of the publication of the
86.13notice in the State Register; and
86.14(5) state that if a timely request for hearing is not received, the chief administrative
86.15law judge may make a decision on the petition.
86.16(b) If 50 or more individual timely requests for hearing are received, the chief
86.17administrative law judge must hold a hearing on the petition according to the contested
86.18case provisions of chapter 14. The sanitary district dissolution proposers are responsible
86.19for paying all costs involved in publicizing and holding a hearing on the petition.
86.20    Subd. 4. Hearing time, place. If a hearing is required under subdivision 3, the
86.21chief administrative law judge shall designate a time and place for a hearing according
86.22to section 442A.13.
86.23    Subd. 5. Relevant factors. (a) In arriving at a decision, the chief administrative law
86.24judge shall consider the following factors:
86.25(1) public health, safety, and welfare impacts for the proposed dissolution;
86.26(2) alternatives for managing the public health impacts for the proposed dissolution;
86.27(3) equities of the petition proposal;
86.28(4) contours of the petition proposal; and
86.29(5) public notification of and interaction on the petition proposal.
86.30(b) Based upon these factors, the chief administrative law judge may order the
86.31dissolution of the sanitary district on finding that:
86.32(1) the proposed dissolution area has adequate alternatives for managing public
86.33health impacts due to the dissolution;
86.34(2) the sanitary district is not necessary to provide a long-term, equitable solution to
86.35pollution problems affecting public health, safety, and welfare;
87.1(3) property owners within the sanitary district were provided notice of the proposed
87.2dissolution and opportunity to comment on the petition proposal; and
87.3(4) the petition complied with the requirements of all applicable statutes and rules
87.4pertaining to sanitary district dissolution.
87.5(c) The chief administrative law judge may alter the boundaries of the proposed
87.6dissolution area by increasing or decreasing the area to be included or may exclude
87.7property that may be better served by another unit of government. The chief administrative
87.8law judge may also alter the boundaries of the proposed dissolution area so as to follow
87.9visible, clearly recognizable physical features for municipal boundaries.
87.10(d) The chief administrative law judge may deny sanitary district dissolution if the
87.11area, or a part thereof, would be better served by an alternative method.
87.12(e) In all cases, the chief administrative law judge shall set forth the factors that are
87.13the basis for the decision.
87.14    Subd. 6. Findings; order. (a) After the public notice period or the public hearing, if
87.15required under subdivision 3, and based on the petition, any public comments received,
87.16and, if a hearing was held, the hearing record, the chief administrative law judge shall
87.17make findings of fact and conclusions determining whether the conditions requisite for
87.18the sanitary district dissolution exist in the territory described in the petition. If the chief
87.19administrative law judge finds that conditions exist, the judge may make an order for
87.20sanitary district dissolution for the territory described in the petition.
87.21(b) If the chief administrative law judge determines that the conditions requisite for
87.22the creation of the district no longer exist therein, that all indebtedness of the district has
87.23been paid, and that all property of the district except funds has been disposed of, the judge
87.24may make an order dissolving the district and directing the distribution of its remaining
87.25funds, if any, among the related governmental subdivisions on such basis as the chief
87.26administrative law judge determines to be just and equitable, to be specified in the order.
87.27    Subd. 7. Denial of petition. If the chief administrative law judge, after conclusion
87.28of the public notice period or holding a hearing, if required, determines that the sanitary
87.29district dissolution in the territory described in the petition is not warranted, the judge
87.30shall make an order denying the petition. The chief administrative law judge shall give
87.31notice of the denial by mail or e-mail to each signer of the petition. No petition for the
87.32dissolution of a district consisting of the same territory shall be entertained within a year
87.33after the date of an order under this subdivision.
87.34    Subd. 8. Notice of order for sanitary district dissolution. The chief administrative
87.35law judge shall publish in the State Register a notice of the final order for sanitary
87.36district dissolution, referring to the date of the order and describing the territory of the
88.1dissolved district and shall mail or e-mail information of the publication to each property
88.2owner in the affected territory at the owner's address as given by the county auditor. The
88.3information must state the date that the notice will appear in the State Register and give
88.4the Web site location of the State Register. The notice must:
88.5(1) describe the petition for dissolution of the district;
88.6(2) describe the territory affected by the petition; and
88.7(3) state that a certified copy of the order shall be delivered to the secretary of state
88.8for filing ten days after public notice of the order in the State Register.
88.9    Subd. 9. Filing. (a) Ten days after public notice of the order in the State Register,
88.10the chief administrative law judge shall deliver a certified copy of the order to the secretary
88.11of state for filing. Thereupon, the sanitary district dissolution is deemed complete, and it
88.12shall be conclusively presumed that all requirements of law relating thereto have been
88.13complied with. The chief administrative law judge shall also transmit a certified copy of
88.14the order for filing to the county auditor of each county and the clerk or recorder of each
88.15municipality and organized town wherein any part of the territory of the dissolved district
88.16is situated and to the secretary of the district board.
88.17(b) The chief administrative law judge shall also transmit a certified copy of the order
88.18to the treasurer of the district, who must thereupon distribute the remaining funds of the
88.19district as directed by the order and who is responsible for the funds until so distributed.

88.20    Sec. 56. [442A.08] JOINT PUBLIC INFORMATIONAL MEETING.
88.21There must be a joint public informational meeting of the local governments of any
88.22proposed sanitary district creation, annexation, detachment, or dissolution. The joint public
88.23informational meeting must be held after the final mediation meeting or the final meeting
88.24held according to section 442A.02, subdivision 8, if any, and before the hearing on the
88.25matter is held. If no mediation meetings are held, the joint public informational meeting
88.26must be held after the initiating documents have been filed and before the hearing on the
88.27matter. The time, date, and place of the public informational meeting must be determined
88.28jointly by the local governments in the proposed creation, annexation, detachment, or
88.29dissolution areas and by the sanitary district, if one exists. The chair of the sanitary district,
88.30if one exists, and the responsible official for one of the local governments represented at
88.31the meeting must serve as the co-chairs for the informational meeting. Notice of the time,
88.32date, place, and purpose of the informational meeting must be posted by the sanitary
88.33district, if one exists, and local governments in designated places for posting notices. The
88.34sanitary district, if one exists, and represented local governments must also publish, at their
88.35own expense, notice in their respective official newspapers. If the same official newspaper
89.1is used by multiple local government representatives or the sanitary district, a joint notice
89.2may be published and the costs evenly divided. All notice required by this section must
89.3be provided at least ten days before the date for the public informational meeting. At the
89.4public informational meeting, all persons appearing must have an opportunity to be heard,
89.5but the co-chairs may, by mutual agreement, establish the amount of time allowed for each
89.6speaker. The sanitary district board, the local government representatives, and any resident
89.7or affected property owner may be represented by counsel and may place into the record of
89.8the informational meeting documents, expert opinions, or other materials supporting their
89.9positions on issues raised by the proposed proceeding. The secretary of the sanitary district,
89.10if one exists, or a person appointed by the chair must record minutes of the proceedings of
89.11the informational meeting and must make an audio recording of the informational meeting.
89.12The sanitary district, if one exists, or a person appointed by the chair must provide the
89.13chief administrative law judge and the represented local governments with a copy of the
89.14printed minutes and must provide the chief administrative law judge and the represented
89.15local governments with a copy of the audio recording. The record of the informational
89.16meeting for a proceeding under section 442A.04, 442A.05, 442A.06, or 442A.07 is
89.17admissible in any proceeding under this chapter and shall be taken into consideration by
89.18the chief administrative law judge or the chief administrative law judge's designee.

89.19    Sec. 57. [442A.09] ANNEXATION BY ORDER OF POLLUTION CONTROL
89.20AGENCY.
89.21    Subdivision 1. Annexation by ordinance alternative. If a determination or order
89.22by the Minnesota Pollution Control Agency under section 115.49 or other similar statute is
89.23made that cooperation by contract is necessary and feasible between a sanitary district and
89.24an unincorporated area located outside the existing corporate limits of the sanitary district,
89.25the sanitary district required to provide or extend through a contract a governmental
89.26service to an unincorporated area, during the statutory 90-day period provided in section
89.27115.49 to formulate a contract, may in the alternative to formulating a service contract to
89.28provide or extend the service, declare the unincorporated area described in the Minnesota
89.29Pollution Control Agency's determination letter or order annexed to the sanitary district by
89.30adopting an ordinance and submitting it to the chief administrative law judge.
89.31    Subd. 2. Chief administrative law judge's role. The chief administrative law
89.32judge may review and comment on the ordinance but shall approve the ordinance within
89.3330 days of receipt. The ordinance is final and the annexation is effective on the date the
89.34chief administrative law judge approves the ordinance.

90.1    Sec. 58. [442A.10] PETITIONERS TO PAY EXPENSES.
90.2Expenses of the preparation and submission of petitions in the proceedings under
90.3sections 442A.04 to 442A.09 shall be paid by the petitioners. Notwithstanding section
90.416A.1283, the Office of Administrative Hearings may adopt rules according to section
90.514.386 to establish fees necessary to support the preparation and submission of petitions
90.6in proceedings under sections 442A.04 to 442A.09. The fees collected by the Office of
90.7Administrative Hearings shall be deposited in the environmental fund.
90.8EFFECTIVE DATE.This section is effective the day following final enactment.

90.9    Sec. 59. [442A.11] TIME LIMITS FOR ORDERS; APPEALS.
90.10    Subdivision 1. Orders; time limit. All orders in proceedings under this chapter
90.11shall be issued within one year from the date of the first hearing thereon, provided that
90.12the time may be extended for a fixed additional period upon consent of all parties of
90.13record. Failure to so order shall be deemed to be an order denying the matter. An appeal
90.14may be taken from such failure to so order in the same manner as an appeal from an
90.15order as provided in subdivision 2.
90.16    Subd. 2. Grounds for appeal. (a) Any person aggrieved by an order issued under
90.17this chapter may appeal to the district court upon the following grounds:
90.18(1) the order was issued without jurisdiction to act;
90.19(2) the order exceeded the jurisdiction of the presiding administrative law judge;
90.20(3) the order was arbitrary, fraudulent, capricious, or oppressive or in unreasonable
90.21disregard of the best interests of the territory affected; or
90.22(4) the order was based upon an erroneous theory of law.
90.23(b) The appeal must be taken in the district court in the county in which the majority
90.24of the area affected is located. The appeal does not stay the effect of the order. All notices
90.25and other documents must be served on both the chief administrative law judge and the
90.26attorney general's assistant assigned to the chief administrative law judge for purposes
90.27of this chapter.
90.28(c) If the court determines that the action involved is unlawful or unreasonable or is
90.29not warranted by the evidence in case an issue of fact is involved, the court may vacate or
90.30suspend the action involved, in whole or in part, as the case requires. The matter shall then
90.31be remanded for further action in conformity with the decision of the court.
90.32(d) To render a review of an order effectual, the aggrieved person shall file with the
90.33court administrator of the district court of the county in which the majority of the area is
90.34located, within 30 days of the order, an application for review together with the grounds
90.35upon which the review is sought.
91.1(e) An appeal lies from the district court as in other civil cases.

91.2    Sec. 60. [442A.12] CHIEF ADMINISTRATIVE LAW JUDGE MAY APPEAL
91.3FROM DISTRICT COURT.
91.4An appeal may be taken under the Rules of Civil Appellate Procedure by the chief
91.5administrative law judge from a final order or judgment made or rendered by the district
91.6court when the chief administrative law judge determines that the final order or judgment
91.7adversely affects the public interest.

91.8    Sec. 61. [442A.13] UNIFORM PROCEDURES.
91.9    Subdivision 1. Hearings. (a) Proceedings initiated by the submission of an initiating
91.10document or by the chief administrative law judge shall come on for hearing within 30 to
91.1160 days from receipt of the document by the chief administrative law judge or from the
91.12date of the chief administrative law judge's action and the person conducting the hearing
91.13must submit an order no later than one year from the date of the first hearing.
91.14(b) The place of the hearing shall be in the county where a majority of the affected
91.15territory is situated, and shall be established for the convenience of the parties.
91.16(c) The chief administrative law judge shall mail notice of the hearing to the
91.17following parties: the sanitary district; any township or municipality presently governing
91.18the affected territory; any township or municipality abutting the affected territory;
91.19the county where the affected territory is situated; and each planning agency that has
91.20jurisdiction over the affected area.
91.21(d) The chief administrative law judge shall see that notice of the hearing is published
91.22for two successive weeks in a legal newspaper of general circulation in the affected area.
91.23(e) When the chief administrative law judge exercises authority to change the
91.24boundaries of the affected area so as to increase the quantity of land, the hearing shall
91.25be recessed and reconvened upon two weeks' published notice in a legal newspaper of
91.26general circulation in the affected area.
91.27    Subd. 2. Transmittal of order. The chief administrative law judge shall see that
91.28copies of the order are mailed to all parties entitled to mailed notice of hearing under
91.29subdivision 1, individual property owners if initiated in that manner, and any other party
91.30of record.

91.31    Sec. 62. [442A.14] DISTRICT BOARD OF MANAGERS.
91.32    Subdivision 1. Composition. The governing body of each district shall be a board
91.33of managers of five members, who shall be voters residing in the district and who may
92.1but need not be officers, members of governing bodies, or employees of the related
92.2governmental subdivisions, except that when there are more than five territorial units in
92.3a district, there must be one board member for each unit.
92.4    Subd. 2. Terms. The terms of the first board members elected after creation of a
92.5district shall be so arranged and determined by the electing body as to expire on the first
92.6business day in January as follows:
92.7(1) the terms of two members in the second calendar year after the year in which
92.8they were elected;
92.9(2) the terms of two other members in the third calendar year after the year in which
92.10they were elected; and
92.11(3) the term of the remaining member in the fourth calendar year after the year in
92.12which the member was elected. In case a board has more than five members, the additional
92.13members shall be assigned to the groups under clauses (1) to (3) to equalize the groups as
92.14far as practicable. Thereafter, board members shall be elected successively for regular
92.15terms beginning upon expiration of the preceding terms and expiring on the first business
92.16day in January of the third calendar year thereafter. Each board member serves until
92.17a successor is elected and has qualified.
92.18    Subd. 3. Election of board. In a district having only one territorial unit, all the
92.19members of the board shall be elected by the related governing body. In a district having
92.20more than one territorial unit, the members of the board shall be elected by the members
92.21of the related governing bodies in joint session except as otherwise provided. The electing
92.22bodies concerned shall meet and elect the first board members of a new district as soon
92.23as practicable after creation of the district and shall meet and elect board members for
92.24succeeding regular terms as soon as practicable after November 1 next preceding the
92.25beginning of the terms to be filled, respectively.
92.26    Subd. 4. Central related governing body. Upon the creation of a district
92.27having more than one territorial unit, the chief administrative law judge, on the basis of
92.28convenience for joint meeting purposes, shall designate one of the related governing
92.29bodies as the central related governing body in the order creating the district or in a
92.30subsequent special order, of which the chief administrative law judge shall notify the
92.31clerks or recorders of all the related governing bodies. Upon receipt of the notification,
92.32the clerk or recorder of the central related governing body shall immediately transmit the
92.33notification to the presiding officer of the body. The officer shall thereupon call a joint
92.34meeting of the members of all the related governing bodies to elect board members, to
92.35be held at such time as the officer shall fix at the regular meeting place of the officer's
92.36governing body or at such other place in the district as the officer shall determine. The
93.1clerk or recorder of the body must give at least ten days' notice of the meeting by mail to
93.2the clerks or recorders of all the other related governing bodies, who shall immediately
93.3transmit the notice to all the members of the related governing bodies, respectively.
93.4Subsequent joint meetings to elect board members for regular terms must be called and
93.5held in like manner. The presiding officer and the clerk or recorder of the central related
93.6governing body shall act respectively as chair and secretary of the joint electing body at
93.7any meeting thereof, but in case of the absence or disability of either of them, the body
93.8may elect a temporary substitute. A majority of the members of each related governing
93.9body is required for a quorum at any meeting of the joint electing body.
93.10    Subd. 5. Nominations. Nominations for board members may be made by petitions,
93.11each signed by ten or more voters residing and owning land in the district, filed with the
93.12clerk, recorder, or secretary of the electing body before the election meeting. No person
93.13shall sign more than one petition. The electing body shall give due consideration to all
93.14nominations but is not limited thereto.
93.15    Subd. 6. Election; single governing body. In the case of an electing body
93.16consisting of a single related governing body, a majority vote of all members is required
93.17for an election. In the case of a joint electing body, a majority vote of members present is
93.18required for an election. In case of lack of a quorum or failure to elect, a meeting of an
93.19electing body may be adjourned to a stated time and place without further notice.
93.20    Subd. 7. Election; multiple governing bodies. In any district having more than
93.21one territorial unit, the related governing bodies, instead of meeting in joint session, may
93.22elect a board member by resolutions adopted by all of them separately, concurring in the
93.23election of the same person. A majority vote of all members of each related governing
93.24body is required for the adoption of any such resolution. The clerks or recorders of the
93.25other related governing bodies shall transmit certified copies of the resolutions to the clerk
93.26or recorder of the central related governing body. Upon receipt of concurring resolutions
93.27from all the related governing bodies, the presiding officer and clerk or recorder of the
93.28central related governing body shall certify the results and furnish certificates of election
93.29as provided for a joint meeting.
93.30    Subd. 8. Vacancies. Any vacancy in the membership of a board must be filled for
93.31the unexpired term in like manner as provided for the regular election of board members.
93.32    Subd. 9. Certification of election; temporary chair. The presiding and recording
93.33officers of the electing body shall certify the results of each election to the county auditor
93.34of each county wherein any part of the district is situated and to the clerk or recorder of
93.35each related governing body and shall make and transmit to each board member elected
93.36a certificate of the board member's election. Upon electing the first board members of a
94.1district, the presiding officer of the electing body shall designate a member to serve as
94.2temporary chair for purposes of initial organization of the board, and the recording
94.3officer of the body shall include written notice thereof to all the board members with
94.4their certificates of election.

94.5    Sec. 63. [442A.15] BOARD ORGANIZATION AND PROCEDURES.
94.6    Subdivision 1. Initial, annual meetings. As soon as practicable after the election
94.7of the first board members of a district, the board shall meet at the call of the temporary
94.8chair to elect officers and take other appropriate action for organization and administration
94.9of the district. Each board shall hold a regular annual meeting at the call of the chair or
94.10otherwise as the board prescribes on or as soon as practicable after the first business day in
94.11January of each year and such other regular and special meetings as the board prescribes.
94.12    Subd. 2. Officers. The officers of each district shall be a chair and a vice-chair,
94.13who shall be members of the board, and a secretary and a treasurer, who may but need
94.14not be members of the board. The board of a new district at its initial meeting or as soon
94.15thereafter as practicable shall elect the officers to serve until the first business day in
94.16January next following. Thereafter, the board shall elect the officers at each regular annual
94.17meeting for terms expiring on the first business day in January next following. Each
94.18officer serves until a successor is elected and has qualified.
94.19    Subd. 3. Meeting place; offices. The board at its initial meeting or as soon
94.20thereafter as practicable shall provide for suitable places for board meetings and for offices
94.21of the district officers and may change the same thereafter as the board deems advisable.
94.22The meeting place and offices may be the same as those of any related governing body,
94.23with the approval of the body. The secretary of the board shall notify the secretary of state,
94.24the county auditor of each county wherein any part of the district is situated, and the clerk
94.25or recorder of each related governing body of the locations and post office addresses of the
94.26meeting place and offices and any changes therein.
94.27    Subd. 4. Budget. At any time before the proceeds of the first tax levy in a district
94.28become available, the district board may prepare a budget comprising an estimate of the
94.29expenses of organizing and administering the district until the proceeds are available, with
94.30a proposal for apportionment of the estimated amount among the related governmental
94.31subdivisions, and may request the governing bodies thereof to advance funds according to
94.32the proposal. The governing bodies may authorize advancement of the requested amounts,
94.33or such part thereof as they respectively deem proper, from any funds available in their
94.34respective treasuries. The board shall include in its first tax levy after receipt of any such
95.1advancements a sufficient sum to cover the same and shall cause the same to be repaid,
95.2without interest, from the proceeds of taxes as soon as received.

95.3    Sec. 64. [442A.16] DISTRICT STATUS AND POWERS.
95.4    Subdivision 1. Status. Every district shall be a public corporation and a governmental
95.5subdivision of the state and shall be deemed to be a municipality or municipal corporation
95.6for the purpose of obtaining federal or state grants or loans or otherwise complying with
95.7any provision of federal or state law or for any other purpose relating to the powers and
95.8purposes of the district for which such status is now or hereafter required by law.
95.9    Subd. 2. Powers and purpose. Every district shall have the powers and purposes
95.10prescribed by this chapter and such others as may now or hereafter be prescribed by law.
95.11No express grant of power or enumeration of powers herein shall be deemed to limit the
95.12generality or scope of any grant of power.
95.13    Subd. 3. Scope of powers and duties. Except as otherwise provided, a power or
95.14duty vested in or imposed upon a district or any of its officers, agents, or employees shall
95.15not be deemed exclusive and shall not supersede or abridge any power or duty vested in or
95.16imposed upon any other agency of the state or any governmental subdivision thereof, but
95.17shall be supplementary thereto.
95.18    Subd. 4. Exercise of power. All the powers of a district shall be exercised by its
95.19board of managers except so far as approval of any action by popular vote or by any other
95.20authority may be expressly required by law.
95.21    Subd. 5. Lawsuits; contracts. A district may sue and be sued and may enter into
95.22any contract necessary or proper for the exercise of its powers or the accomplishment
95.23of its purposes.
95.24    Subd. 6. Property acquisition. A district may acquire by purchase, gift, or
95.25condemnation or may lease or rent any real or personal property within or without the
95.26district that may be necessary for the exercise of district powers or the accomplishment of
95.27district purposes, may hold the property for such purposes, and may lease, rent out, sell, or
95.28otherwise dispose of any property not needed for such purposes.
95.29    Subd. 7. Acceptance of money or property. A district may accept gifts, grants,
95.30or loans of money or other property from the United States, the state, or any person,
95.31corporation, or other entity for district purposes; may enter into any agreement required in
95.32connection therewith; and may hold, use, and dispose of the money or property according
95.33to the terms of the gift, grant, loan, or agreement relating thereto.

95.34    Sec. 65. [442A.17] SPECIFIC PURPOSES AND POWERS.
96.1    Subdivision 1. Pollution prevention. A district may construct, install, improve,
96.2maintain, and operate any system, works, or facilities within or without the district
96.3required to control and prevent pollution of any waters of the state within its territory.
96.4    Subd. 2. Sewage disposal. A district may construct, install, improve, maintain,
96.5and operate any system, works, or facilities within or without the district required to
96.6provide for, regulate, and control the disposal of sewage, industrial waste, and other waste
96.7originating within its territory. The district may require any person upon whose premises
96.8there is any source of sewage, industrial waste, or other waste within the district to
96.9connect the premises with the disposal system, works, or facilities of the district whenever
96.10reasonable opportunity therefor is provided.
96.11    Subd. 3. Garbage, refuse disposal. A district may construct, install, improve,
96.12maintain, and operate any system, works, or facilities within or without the district required
96.13to provide for, regulate, and control the disposal of garbage or refuse originating within the
96.14district. The district may require any person upon whose premises any garbage or refuse is
96.15produced or accumulated to dispose of the garbage or refuse through the system, works, or
96.16facilities of the district whenever reasonable opportunity therefor is provided.
96.17    Subd. 4. Water supply. A district may procure supplies of water necessary for any
96.18purpose under subdivisions 1 to 3 and may construct, install, improve, maintain, and
96.19operate any system, works, or facilities required therefor within or without the district.
96.20    Subd. 5. Roads. (a) To maintain the integrity of and facilitate access to district
96.21systems, works, or facilities, the district may maintain and repair a road by agreement with
96.22the entity that was responsible for the performance of maintenance and repair immediately
96.23prior to the agreement. Maintenance and repair includes but is not limited to providing
96.24lighting, snow removal, and grass mowing.
96.25(b) A district shall establish a taxing subdistrict of benefited property and shall levy
96.26special taxes, pursuant to section 442A.24, subdivision 2, for the purposes of paying the
96.27cost of improvement or maintenance of a road under paragraph (a).
96.28(c) For purposes of this subdivision, a district shall not be construed as a road
96.29authority under chapter 160.
96.30(d) The district and its officers and employees are exempt from liability for any tort
96.31claim for injury to person or property arising from travel on a road maintained by the
96.32district and related to the road's maintenance or condition.

96.33    Sec. 66. [442A.18] DISTRICT PROJECTS AND FACILITIES.
96.34    Subdivision 1. Public property. For the purpose of constructing, improving,
96.35maintaining, or operating any system, works, or facilities designed or used for any purpose
97.1under section 442A.17, a district, its officers, agents, employees, and contractors may enter,
97.2occupy, excavate, and otherwise operate in, upon, under, through, or along any public
97.3highway, including a state trunk highway, or any street, park, or other public grounds so
97.4far as necessary for such work, with the approval of the governing body or other authority
97.5in charge of the public property affected and on such terms as may be agreed upon with the
97.6governing body or authority respecting interference with public use, restoration of previous
97.7conditions, compensation for damages, and other pertinent matters. If an agreement cannot
97.8be reached after reasonable opportunity therefor, the district may acquire the necessary
97.9rights, easements, or other interests in the public property by condemnation, subject to all
97.10applicable provisions of law as in case of taking private property, upon condition that the
97.11court shall determine that there is paramount public necessity for the acquisition.
97.12    Subd. 2. Use of other systems. A district may, upon such terms as may be
97.13agreed upon with the respective governing bodies or authorities concerned, provide for
97.14connecting with or using; lease; or acquire and take over any system, works, or facilities
97.15for any purpose under section 442A.17 belonging to any other governmental subdivision
97.16or other public agency.
97.17    Subd. 3. Use by other governmental bodies. A district may, upon such terms
97.18as may be agreed upon with the respective governing bodies or authorities concerned,
97.19authorize the use by any other governmental subdivision or other public agency of any
97.20system, works, or facilities of the district constructed for any purpose under section
97.21442A.17 so far as the capacity thereof is sufficient beyond the needs of the district. A
97.22district may extend any such system, works, or facilities and permit the use thereof by
97.23persons outside the district, so far as the capacity thereof is sufficient beyond the needs of
97.24the district, upon such terms as the board may prescribe.
97.25    Subd. 4. Joint projects. A district may be a party to a joint cooperative project,
97.26undertaking, or enterprise with one or more other governmental subdivisions or other
97.27public agencies for any purpose under section 442A.17 upon such terms as may be
97.28agreed upon between the governing bodies or authorities concerned. Without limiting the
97.29effect of the foregoing provision or any other provision of this chapter, a district, with
97.30respect to any of said purposes, may act under and be subject to section 471.59, or any
97.31other appropriate law providing for joint or cooperative action between governmental
97.32subdivisions or other public agencies.

97.33    Sec. 67. [442A.19] CONTROL OF SANITARY FACILITIES.
97.34A district may regulate and control the construction, maintenance, and use of privies,
97.35cesspools, septic tanks, toilets, and other facilities and devices for the reception or disposal
98.1of human or animal excreta or other domestic wastes within its territory so far as necessary
98.2to prevent nuisances or pollution or to protect the public health, safety, and welfare
98.3and may prohibit the use of any such facilities or devices not connected with a district
98.4disposal system, works, or facilities whenever reasonable opportunity for such connection
98.5is provided; provided, that the authority of a district under this section does not extend
98.6or apply to the construction, maintenance, operation, or use by any person other than the
98.7district of any disposal system or part thereof within the district under and in accordance
98.8with a valid and existing permit issued by the Minnesota Pollution Control Agency.

98.9    Sec. 68. [442A.20] DISTRICT PROGRAMS, SURVEYS, AND STUDIES.
98.10A district may develop general programs and particular projects within the scope of
98.11its powers and purposes and may make all surveys, studies, and investigations necessary
98.12for the programs and projects.

98.13    Sec. 69. [442A.21] GENERAL AND STATUTORY CITY POWERS.
98.14A district may do and perform all other acts and things necessary or proper for the
98.15effectuation of its powers and the accomplishment of its purposes. Without limiting the
98.16effect of the foregoing provision or any other provision of this chapter, a district, with
98.17respect to each and all of said powers and purposes, shall have like powers as are vested in
98.18statutory cities with respect to any similar purposes. The exercise of such powers by a
98.19district and all matters pertaining thereto are governed by the law relating to the exercise
98.20of similar powers by statutory cities and matters pertaining thereto, so far as applicable,
98.21with like force and effect, except as otherwise provided.

98.22    Sec. 70. [442A.22] ADVISORY COMMITTEE.
98.23A district board of managers may appoint an advisory committee with membership
98.24and duties as the board prescribes.

98.25    Sec. 71. [442A.23] BOARD POWERS.
98.26    Subdivision 1. Generally. The board of managers of every district shall have charge
98.27and control of all the funds, property, and affairs of the district. With respect thereto, the
98.28board has the same powers and duties as are provided by law for a statutory city council
98.29with respect to similar statutory city matters, except as otherwise provided. Except as
98.30otherwise provided, the chair, vice-chair, secretary, and treasurer of the district have the
98.31same powers and duties, respectively, as the mayor, acting mayor, clerk, and treasurer
98.32of a statutory city. Except as otherwise provided, the exercise of the powers and the
99.1performance of the duties of the board and officers of the district and all other activities,
99.2transactions, and procedures of the district or any of its officers, agents, or employees,
99.3respectively, are governed by the law relating to similar matters in a statutory city, so far
99.4as applicable, with like force and effect.
99.5    Subd. 2. Regulation of district. The board may enact ordinances, prescribe
99.6regulations, adopt resolutions, and take other appropriate action relating to any matter
99.7within the powers and purposes of the district and may do and perform all other acts and
99.8things necessary or proper for the effectuation of said powers and the accomplishment
99.9of said purposes. The board may provide that violation of a district ordinance is a penal
99.10offense and may prescribe penalties for violations, not exceeding those prescribed by law
99.11for violation of statutory city ordinances.
99.12    Subd. 3. Arrest; prosecution. (a) Violations of district ordinances may be
99.13prosecuted before any court having jurisdiction of misdemeanors. Any peace officer may
99.14make arrests for violations committed anywhere within the district in the same manner as
99.15for violations of city ordinances or for statutory misdemeanors.
99.16(b) All fines collected shall be deposited in the treasury of the district.

99.17    Sec. 72. [442A.24] TAX LEVIES, ASSESSMENTS, AND SERVICE CHARGES.
99.18    Subdivision 1. Tax levies. The board may levy taxes for any district purpose on all
99.19property taxable within the district.
99.20    Subd. 2. Particular area. In the case where a particular area within the district,
99.21but not the entire district, is benefited by a system, works, or facilities of the district,
99.22the board, after holding a public hearing as provided by law for levying assessments on
99.23benefited property, shall by ordinance establish such area as a taxing subdistrict, to be
99.24designated by number, and shall levy special taxes on all the taxable property therein, to be
99.25accounted for separately and used only for the purpose of paying the cost of construction,
99.26improvement, acquisition, maintenance, or operation of such system, works, or facilities,
99.27or paying the principal and interest on bonds issued to provide funds therefor and expenses
99.28incident thereto. The hearing may be held jointly with a hearing for the purpose of levying
99.29assessments on benefited property within the proposed taxing subdistrict.
99.30    Subd. 3. Benefited property. The board shall levy assessments on benefited property
99.31to provide funds for payment of the cost of construction, improvement, or acquisition of
99.32any system, works, or facilities designed or used for any district purpose or for payment of
99.33the principal of and interest on any bonds issued therefor and expenses incident thereto.
99.34    Subd. 4. Service charges. The board shall prescribe service, use, or rental charges
99.35for persons or premises connecting with or making use of any system, works, or facilities
100.1of the district; prescribe the method of payment and collection of the charges; and provide
100.2for the collection thereof for the district by any related governmental subdivision or
100.3other public agency on such terms as may be agreed upon with the governing body or
100.4other authority thereof.

100.5    Sec. 73. [442A.25] BORROWING POWERS; BONDS.
100.6    Subdivision 1. Borrowing power. The board may authorize the borrowing of
100.7money for any district purpose and provide for the repayment thereof, subject to chapter
100.8475. The taxes initially levied by any district according to section 475.61 for the payment
100.9of district bonds, upon property within each municipality included in the district, shall be
100.10included in computing the levy of the municipality.
100.11    Subd. 2. Bond issuance. The board may authorize the issuance of bonds or
100.12obligations of the district to provide funds for the construction, improvement, or
100.13acquisition of any system, works, or facilities for any district purpose or for refunding
100.14any prior bonds or obligations issued for any such purpose and may pledge the full faith
100.15and credit of the district; the proceeds of tax levies or assessments; service, use, or
100.16rental charges; or any combination thereof to the payment of such bonds or obligations
100.17and interest thereon or expenses incident thereto. An election or vote of the people of
100.18the district is required to authorize the issuance of any bonds or obligations. Except as
100.19otherwise provided in this chapter, the forms and procedures for issuing and selling bonds
100.20and provisions for payment thereof must comply with chapter 475.

100.21    Sec. 74. [442A.26] FUNDS; DISTRICT TREASURY.
100.22The proceeds of all tax levies, assessments, service, use, or rental charges, and
100.23other income of the district must be deposited in the district treasury and must be held
100.24and disposed of as the board may direct for district purposes, subject to any pledges or
100.25dedications made by the board for the use of particular funds for the payment of bonds,
100.26interest thereon, or expenses incident thereto or for other specific purposes.

100.27    Sec. 75. [442A.27] EFFECT OF DISTRICT ORDINANCES AND FACILITIES.
100.28In any case where an ordinance is enacted or a regulation adopted by a district
100.29board relating to the same subject matter and applicable in the same area as an existing
100.30ordinance or regulation of a related governmental subdivision for the district, the district
100.31ordinance or regulation, to the extent of its application, supersedes the ordinance or
100.32regulation of the related governmental subdivision. In any case where an area within a
100.33district is served for any district purpose by a system, works, or facilities of the district,
101.1no system, works, or facilities shall be constructed, maintained, or operated for the same
101.2purpose in the same area by any related governmental subdivision or other public agency
101.3except as approved by the district board.

101.4    Sec. 76. [442A.28] APPLICATION.
101.5This chapter does not abridge or supersede any authority of the Minnesota Pollution
101.6Control Agency or the commissioner of health, but is subject and supplementary thereto.
101.7Districts and members of district boards are subject to the authority of the Minnesota
101.8Pollution Control Agency and have no power or authority to abate or control pollution that
101.9is permitted by and in accord with any classification of waters, standards of water quality,
101.10or permit established, fixed, or issued by the Minnesota Pollution Control Agency.

101.11    Sec. 77. [442A.29] CHIEF ADMINISTRATIVE LAW JUDGE'S POWERS.
101.12    Subdivision 1. Alternative dispute resolution. (a) Notwithstanding sections
101.13442A.01 to 442A.28, before assigning a matter to an administrative law judge for hearing,
101.14the chief administrative law judge, upon consultation with affected parties and considering
101.15the procedures and principles established in sections 442A.01 to 442A.28, may require
101.16that disputes over proposed sanitary district creations, attachments, detachments, or
101.17dissolutions be addressed in whole or in part by means of alternative dispute resolution
101.18processes in place of, or in connection with, hearings that would otherwise be required
101.19under sections 442A.01 to 442A.28, including those provided in chapter 14.
101.20(b) In all proceedings, the chief administrative law judge has the authority and
101.21responsibility to conduct hearings and issue final orders related to the hearings under
101.22sections 442A.01 to 442A.28.
101.23    Subd. 2. Cost of proceedings. (a) The parties to any matter directed to alternative
101.24dispute resolution under subdivision 1 must pay the costs of the alternative dispute
101.25resolution process or hearing in the proportions that the parties agree to.
101.26(b) Notwithstanding section 14.53 or other law, the Office of Administrative
101.27Hearings is not liable for the costs.
101.28(c) If the parties do not agree to a division of the costs before the commencement of
101.29mediation, arbitration, or hearing, the costs must be allocated on an equitable basis by
101.30the mediator, arbitrator, or chief administrative law judge.
101.31(d) The chief administrative law judge may contract with the parties to a matter for
101.32the purpose of providing administrative law judges and reporters for an administrative
101.33proceeding or alternative dispute resolution.
102.1(e) The chief administrative law judge shall assess the cost of services rendered by
102.2the Office of Administrative Hearings as provided by section 14.53.
102.3    Subd. 3. Parties. In this section, "party" means:
102.4(1) a property owner, group of property owners, sanitary district, municipality, or
102.5township that files an initiating document or timely objection under this chapter;
102.6(2) the sanitary district, municipality, or township within which the subject area
102.7is located;
102.8(3) a municipality abutting the subject area; and
102.9(4) any other person, group of persons, or governmental agency residing in, owning
102.10property in, or exercising jurisdiction over the subject area that submits a timely request
102.11and is determined by the presiding administrative law judge to have a direct legal interest
102.12that will be affected by the outcome of the proceeding.
102.13    Subd. 4. Effectuation of agreements. Matters resolved or agreed to by the parties
102.14as a result of an alternative dispute resolution process, or otherwise, may be incorporated
102.15into one or more stipulations for purposes of further proceedings according to the
102.16applicable procedures and statutory criteria of this chapter.
102.17    Subd. 5. Limitations on authority. Nothing in this section shall be construed to
102.18permit a sanitary district, municipality, town, or other political subdivision to take, or
102.19agree to take, an action that is not otherwise authorized by this chapter.

102.20    Sec. 78. RULEMAKING; INDUSTRIAL MINERALS AND NONFERROUS
102.21MINERAL LEASES.
102.22The commissioner of natural resources may use the good cause exemption under
102.23Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
102.24parts 6125.0100 to 6125.0700 and 6125.8000 to 6125.8700, to conform with section 12.
102.25Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
102.26Statutes, section 14.388.

102.27    Sec. 79. RULEMAKING; PERMIT TO MINE.
102.28The commissioner of natural resources may use the good cause exemption under
102.29Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
102.30chapter 6130, to conform with section 14. Minnesota Statutes, section 14.386, does not
102.31apply except as provided under Minnesota Statutes, section 14.388.

102.32    Sec. 80. RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
102.33CRANES.
103.1(a) The commissioner of natural resources shall amend Minnesota Rules, part
103.26133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
103.3sandhill crane.
103.4(b) The commissioner may use the good cause exemption under Minnesota Statutes,
103.5section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
103.6Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
103.7section 14.388.

103.8    Sec. 81. REPEALER.
103.9(a) Minnesota Statutes 2012, sections 115.18, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and
103.1010; 115.19; 115.20; 115.21; 115.22; 115.23; 115.24; 115.25; 115.26; 115.27; 115.28;
103.11115.29; 115.30; 115.31; 115.32; 115.33; 115.34; 115.35; 115.36; and 115.37, are repealed.
103.12(b) Minnesota Statutes 2012, sections 97A.451, subdivision 4a; and 127A.353, are
103.13repealed.
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