Bill Text: MN SF2547 | 2011-2012 | 87th Legislature | Introduced

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Bill Title: Natural resources department (DNR) general permits, taking wild animals, and aquatic plant control permit modifications; product stewardship program establishment; taking wolves; appropriation

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-03-26 - Author added Dziedzic [SF2547 Detail]

Download: Minnesota-2011-SF2547-Introduced.html

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A bill for an act

relating to natural resources; providing for general permits; modifying provisions
for taking wild animals; providing for taking wolves; modifying fees and
surcharges; modifying permit provisions for aquatic plant control; providing for
product stewardship program; eliminating loan program; eliminating certain
report requirements; appropriating money;amending Minnesota Statutes 2010,
sections 13.7411, subdivision 4; 84.0895, subdivision 7; 86B.415, subdivision
7; 97A.015, subdivision 53; 97A.401, subdivision 1; 97A.411, subdivision
1; 97A.435, subdivision 2; 97A.451, subdivisions 2, 3, 4, 5, by adding a
subdivision; 97A.473, subdivisions 2, 2b, 3, 4, 5, 5a; 97A.474, subdivision 2;
97A.475, subdivisions 2, 3, 4, 6, 8, 11, 12, 20, 43, 44, 45; 97A.485, subdivision
7; 97B.020; 97B.601, subdivision 4; 97B.603; 97B.605; 97B.715, subdivision
1; 97B.801; 97C.301, subdivision 3; 97C.305, subdivisions 1, 2; 103G.245,
subdivision 3; 103G.271, subdivision 1; 103G.301, subdivisions 2, 4, 5, 5a;
103G.611, by adding a subdivision; Minnesota Statutes 2011 Supplement,
sections 97A.075, by adding a subdivision; 97A.475, subdivision 7; 97B.645,
subdivision 9; 103G.615, subdivisions 1, 2; proposing coding for new law in
Minnesota Statutes, chapters 97B; 115A; repealing Minnesota Statutes 2010,
sections 84.946, subdivision 3; 86A.12, subdivision 5; 89.06; 90.042; 97A.451,
subdivisions 3a, 7; 97A.4742, subdivision 4; 103G.705, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 13.7411, subdivision 4, is amended to read:
    Subd. 4. Waste management. (a) Product stewardship program. Proprietary data
submitted to the Pollution Control Agency under the product stewardship program are
classified under section 115A.146.
(b) Transfer station data. Data received by a county or district from a transfer
station under section 115A.84, subdivision 5, are classified under that section.
(b) (c) Solid waste records. Records of solid waste facilities received, inspected,
or copied by a county pursuant to section 115A.882 are classified pursuant to section
115A.882, subdivision 3 .
(c) (d) Customer lists. Customer lists provided to counties or cities by solid waste
collectors are classified under section 115A.93, subdivision 5.

    Sec. 2. Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:
    Subd. 7. General exceptions. (a) The commissioner may issue permits and
prescribe conditions for an act otherwise prohibited by subdivision 1 if:
(1) the act is for the purpose of zoological, educational, or scientific study;
(2) the act enhances the propagation or survival of the affected species;
(3) the act prevents injury to persons or property; or
(4) the social and economic benefits of the act outweigh the harm caused by it.
(b) The commissioner may issue a general permit to a governmental subdivision or
to the general public to conduct one or more acts described in paragraph (a).
(c) A member of an endangered species may not be destroyed under paragraph (a),
clause (3) or (4), until all alternatives, including live trapping and transplantation, have
been evaluated and rejected. The commissioner may prescribe conditions to propagate
a species or subspecies.
(c) (d) A person may capture or destroy a member of an endangered species, without
permit, to avoid an immediate and demonstrable threat to human life or property.
(d) (e) The commissioner must give approval under this subdivision for forest
management, including permit, sale, or lease of land for timber harvesting.

    Sec. 3. Minnesota Statutes 2010, section 86B.415, subdivision 7, is amended to read:
    Subd. 7. Watercraft surcharge. A $5 surcharge is placed on each watercraft
licensed under subdivisions 1 to 5 for control, public awareness, law enforcement,
monitoring, and research of aquatic invasive species such as zebra mussel, purple
loosestrife, and Eurasian water milfoil in public waters and public wetlands. The
surcharge is:
(1) $10 for watercraft licensed under subdivision 1, clause (2);
(2) $20 for watercraft licensed under subdivision 1, clause (6); and
(3) $25 for all other watercraft.

    Sec. 4. Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to read:
    Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild
animals that are not protected wild animals including weasel, coyote (brush wolf), gopher,
porcupine, striped skunk, and unprotected birds.

    Sec. 5. Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding a
subdivision to read:
    Subd. 7. Wolf licenses; account established. (a) For purposes of this subdivision,
"wolf license" means a license or permit issued under section 97A.475, subdivision 2,
clause (18); 3, paragraph (a), clause (14); or 20, paragraph (b).
(b) A wolf management and monitoring account is created in the game and fish fund.
Revenue from wolf licenses must be credited to the wolf management and monitoring
account and is appropriated to the commissioner only for wolf management, research,
damage control, enforcement, and education.

    Sec. 6. Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:
    Subdivision 1. Commissioner's authority. The commissioner may issue special
permits for the activities in this section. A special permit may be issued in the form of a
general permit to a governmental subdivision or to the general public to conduct one or
more activities under subdivisions 2 to 7.

    Sec. 7. Minnesota Statutes 2010, section 97A.411, subdivision 1, is amended to read:
    Subdivision 1. License period. (a) Except as provided in paragraphs (b), (d), and
(e), and (f), a license is valid during the lawful time within the license year that the
licensed activity may be performed. Except as provided in paragraph paragraphs (c) and
(f), a license year begins on the first day of March and ends on the last day of February.
    (b) A license issued under section 97A.475, subdivision 2, clause (4), (13), (14),
(15), or (17); 3, paragraph (a), clause (7), (10), (11), or (13); 6, clause (4), (5), 97A.475,
subdivision (6), (7), or (8); 7, clause (2), (3), (5), or (6), or 97A.475, subdivision 12 (9);
10; or 12, clause (2), is valid for the full license period even if this period extends into
the next license year, provided that the license period selected by the licensee begins
at the time of issuance.
    (c) The license year for resident fishing, the angling portion of a sporting license,
nonresident fishing, resident fish house, resident dark house, and nonresident fish house
begins on March 1 and ends on April 30 of the following year.
    (d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the
lawful time within the license year that the licensed activity may be performed for the
lifetime of the licensee.
    (e) A three-year fish house or dark house license is valid during the license year that
it is purchased and the two succeeding license years.
(f) A three-year individual angling license is valid during the license year in which it
is purchased and the two succeeding license years.

    Sec. 8. Minnesota Statutes 2010, section 97A.435, subdivision 2, is amended to read:
    Subd. 2. Eligibility. Persons eligible for a turkey license shall be determined by
this section and commissioner's rule. A person is eligible for a turkey license only if the
person is at least age 16 before the season opens, possesses a firearms safety certificate, or,
if under age 12, is accompanied by a parent or guardian.

    Sec. 9. Minnesota Statutes 2010, section 97A.451, subdivision 2, is amended to read:
    Subd. 2. Residents under age 16; fishing. (a) A resident under the age of 16 years
may take fish without a license.
(b) A resident under the age of 16 may net ciscoes and whitefish for personal
consumption without the license required under section 97A.475, subdivision 13. A
resident netting ciscoes and whitefish under this paragraph must follow all other applicable
requirements for netting ciscoes and whitefish for personal consumption.
(c) A person's age at the time of purchase determines the type of license required
under section 97A.475.

    Sec. 10. Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:
    Subd. 3. Residents under age 16; small game. (a) A resident under age 16 must
may not obtain a small game license in order to but may take small game by firearms or
bow and arrow without paying the applicable fees under section 97A.475, subdivisions 2,
4, and 5, a license if the resident is:
    (1) age 14 or 15 and possesses a firearms safety certificate;
    (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;
    (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
    (4) age 12 or under and is accompanied by a parent or guardian.
    (b) A resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping license. A resident
under age 13 may trap without a trapping license, but may not register fisher, otter,
bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat,
or pine marten taken by a resident under age five must be included in the limit of the
accompanying parent or guardian.
    (c) A resident under age 12 may apply for a turkey license 13 must obtain a free
turkey license to take turkey and may take a turkey without a firearms safety certificate
if the resident is accompanied by an adult parent or guardian who has a firearms safety
certificate.
    (d) A resident under age 12 13 may apply for a prairie chicken license and may take
a prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.

    Sec. 11. Minnesota Statutes 2010, section 97A.451, is amended by adding a
subdivision to read:
    Subd. 3b. Nonresidents under age 18; small game. (a) A nonresident age 16 or
over and under age 18 may take small game by firearms or archery and may obtain a small
game license at the resident fee under section 97A.475, subdivision 2, clause (2), if the
nonresident possesses a firearms safety certificate.
(b) A nonresident under age 16 may take small game by firearms or archery
without paying the applicable fees under section 97A.475, subdivisions 3, 4, and 5, if
the nonresident is:
(1) age 14 or 15 and possesses a firearms safety certificate;
(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian; or
(3) age 12 or under and is accompanied by a parent or guardian.

    Sec. 12. Minnesota Statutes 2010, section 97A.451, subdivision 4, is amended to read:
    Subd. 4. Persons under age 16 13; big game. (a) A person age 12, 13, 14, or 15
may not obtain a license to take big game unless the person possesses a firearms safety
certificate. A person age 12 or 13 must be accompanied by a parent or guardian to hunt
big game.
    (b) A person age 10 or 11 ten or over and under age 13 may take big game, provided
the person is under the direct supervision of a parent or guardian where the parent or
guardian is within immediate reach. Until March 1, 2009, a person age 10 or 11 may take
big game under a parent or guardian's license. Beginning March 1, 2009, A person age 10
or 11 ten or over and under age 13 must obtain a license in order to take big game and may
obtain the license without paying the fee required under section 97A.475, subdivision 2.

    Sec. 13. Minnesota Statutes 2010, section 97A.451, subdivision 5, is amended to read:
    Subd. 5. Nonresidents under age 16 18. (a) A nonresident under the age of 16 may
take fish by angling angle without a license if a parent or guardian has a fishing license,
but fish must be immediately released or immediately returned to the water. A nonresident
under age 16 may not harvest or possess fish unless the nonresident purchases a youth
fishing license under section 97A.475, subdivision 7, clause (8), or is accompanied by a
parent or guardian with a fishing license. Fish taken by a nonresident under the age of 16
without a license must be included in the limit of the parent or guardian.
(b) A nonresident under age 16 18 may purchase a youth fishing license at the
resident fee or be included under a nonresident family license, under section 97A.475,
subdivision 7, clause (8), to take fish by angling, and possess a limit of fish.

    Sec. 14. Minnesota Statutes 2010, section 97A.473, subdivision 2, is amended to read:
    Subd. 2. Lifetime angling license; fee. (a) A resident lifetime angling license
authorizes a person to take fish by angling in the state. The license authorizes those
activities authorized by the annual resident angling license. The license does not include a
trout and salmon stamp validation, a walleye stamp validation, or other stamps required
by law.
    (b) The fees for a resident lifetime angling license are:
    (1) age 3 and under, $227 $343;
    (2) age 4 to age 15, $300 $473;
    (3) age 16 to age 50, $383 $571; and
    (4) age 51 and over, $203 $401.

    Sec. 15. Minnesota Statutes 2010, section 97A.473, subdivision 2b, is amended to read:
    Subd. 2b. Lifetime angling and spearing license; fee. (a) A resident lifetime
angling and spearing license authorizes a person to take fish by angling or spearing in the
state. The license authorizes those activities authorized by the annual resident angling
and spearing licenses.
    (b) The fees for a resident lifetime angling and spearing license are:
    (1) age 3 and under, $485 $601;
    (2) age 4 to age 15, $620 $793;
    (3) age 16 to age 50, $755 $943; and
    (4) age 51 and over, $376 $574.

    Sec. 16. Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:
    Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small
game hunting license authorizes a person to hunt and trap small game in the state. The
license authorizes those hunting and trapping activities authorized by the annual resident
small game hunting and trapping licenses. The license does not include a turkey stamp
validation or any other hunting stamps required by law.
    (b) The fees for a resident lifetime small game hunting license are:
    (1) age 3 and under, $217 $223;
    (2) age 4 to age 15, $290 $301;
    (3) age 16 to age 50, $363 $430; and
    (4) age 51 and over, $213 $274.

    Sec. 17. Minnesota Statutes 2010, section 97A.473, subdivision 4, is amended to read:
    Subd. 4. Lifetime deer hunting license; fee. (a) A resident lifetime deer hunting
license authorizes a person to take deer with firearms or by archery in the state. The license
authorizes those activities authorized by the annual resident firearm deer hunting license
or the annual resident archery deer hunting license. The licensee must register and receive
tags each year that the license is used. The tags shall be issued at no charge to the licensee.
(b) The fees for a resident lifetime firearm or archery deer hunting license are:
(1) age 3 and under, $337 $406;
(2) age 4 to age 15, $450 $538;
(3) age 16 to age 50, $573 $656; and
(4) age 51 and over, $383 $468.

    Sec. 18. Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:
    Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small game in the state. The
license authorizes those activities authorized by the annual resident angling, resident
small game hunting, and resident trapping licenses. The license does not include a trout
and salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or
any other hunting stamps required by law.
    (b) The fees for a resident lifetime sporting license are:
    (1) age 3 and under, $357 $567;
    (2) age 4 to age 15, $480 $786;
    (3) age 16 to age 50, $613 $924; and
    (4) age 51 and over, $413 $668.

    Sec. 19. Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:
    Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident
lifetime sporting with spearing option license authorizes a person to take fish by angling
or spearing and hunt and trap small game in the state. The license authorizes those
activities authorized by the annual resident angling, spearing, resident small game hunting,
and resident trapping licenses. The license does not include a trout and salmon stamp
validation, a turkey stamp validation, a walleye stamp validation, or any other hunting
stamps required by law.
(b) The fees for a resident lifetime sporting with spearing option license are:
(1) age 3 and under, $615 $815;
(2) age 4 to age 15, $800 $906;
(3) age 16 to age 50, $985 $1,296; and
(4) age 51 and over, $586 $841.

    Sec. 20. Minnesota Statutes 2010, section 97A.474, subdivision 2, is amended to read:
    Subd. 2. Nonresident lifetime angling license; fee. (a) A nonresident lifetime
angling license authorizes a person to take fish by angling in the state. The license
authorizes those activities authorized by the annual nonresident angling license. The
license does not include a trout and salmon stamp validation, a walleye stamp validation,
or other stamps required by law.
    (b) The fees for a nonresident lifetime angling license are:
    (1) age 3 and under, $447 $726;
    (2) age 4 to age 15, $600 $925;
    (3) age 16 to age 50, $773 $1,054; and
    (4) age 51 and over, $513 $702.

    Sec. 21. Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:
    Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
only, are:
    (1) for persons age 18 or over and under age 65 to take small game, $12.50 $15.50;
    (2) for persons ages 16 and 17 and age 65 or over, $6 $7 to take small game;
    (3) for persons age 18 or over to take turkey, $23 $26;
    (4) for persons under age 13 or over and under age 18 to take turkey, $12 $13;
    (5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $26 $30;
    (6) for persons age 18 or over to take deer by archery, $26 $30;
    (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $26 $30;
    (8) to take moose, for a party of not more than six persons, $310 $356;
    (9) to take bear, $38 $44;
    (10) to take elk, for a party of not more than two persons, $250 $287;
    (11) to take Canada geese during a special season, $4;
    (12) to take prairie chickens, $20 $23;
    (13) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season, $13 $15;
    (14) for persons age 13 or over and under age 18 to take deer by archery, $13 $15; and
    (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
during the muzzleloader season, $13. $15;
(16) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4 shall be deposited in the wildlife
acquisition account;
(17) for persons age 16 or over and under age 18 to take small game, $4.50; and
(18) to take wolf, $50.

    Sec. 22. Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:
    Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
to nonresidents, are:
    (1) for persons age 18 or over to take small game, $73 $90.50;
    (2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $135 $160;
    (3) for persons age 18 or over to take deer by archery, $135 $160;
    (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135 $160;
    (5) to take bear, $195 $225;
    (6) for persons age 18 and older or over to take turkey, $78 $91;
    (7) for persons age 13 or over and under age 18 to take turkey, $12 $13;
    (8) to take raccoon or bobcat, $155 $178;
    (9) to take Canada geese during a special season, $4;
    (10) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season in any open season option or time period, $13 $15;
    (11) for persons age 13 or over and under age 18 to take deer by archery, $13 $15; and
    (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
season, $13. $15;
(13) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4 shall be deposited into the
wildlife acquisition account; and
(14) to take wolf, $230.
    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed
on this surcharge.

    Sec. 23. Minnesota Statutes 2010, section 97A.475, subdivision 4, is amended to read:
    Subd. 4. Small game surcharge. Fees for annual licenses to take small game
must be increased by a surcharge of $6.50, except licenses under subdivisions 2, clause
(16); and 3, paragraph (a), clause (13). An additional commission may not be assessed
on the surcharge and the following statement must be included in the annual small game
hunting regulations: "This $6.50 surcharge is being paid by hunters for the acquisition and
development of wildlife lands."

    Sec. 24. Minnesota Statutes 2010, section 97A.475, subdivision 6, is amended to read:
    Subd. 6. Resident fishing. Fees for the following licenses, to be issued to residents
only, are:
(1) for persons age 18 or over to take fish by angling, $17 $24;
(2) for persons age 18 or over to take fish by angling, for a combined license for a
married couple, $25 $40;
(3) for persons age 18 or over to take fish by spearing from a dark house, $17
$18; and
(4) for persons age 18 or over to take fish by angling for a 24-hour period selected
by the licensee, $8.50. $10;
(5) for persons age 18 or over to take fish by angling for a consecutive 72-hour
period selected by the licensee, $12;
(6) for persons age 18 or over to take fish by angling limited to 90 consecutive
days selected by the licensee, $18;
(7) for persons age 18 or over to take fish by angling for a period of three consecutive
years, $69;
(8) for persons age 16 or over and under age 18 to take fish by angling, $12;
(9) for persons age 16 or over and under age 18 to take fish by spearing, $9; and
(10) for persons age 18 or over to take fish by angling and spearing, $36.

    Sec. 25. Minnesota Statutes 2011 Supplement, section 97A.475, subdivision 7, is
amended to read:
    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
to nonresidents, are:
    (1) for persons age 18 or over to take fish by angling, $37.50 $39;
    (2) for persons age 18 or over to take fish by angling for a combined license for a
married couple, limited to seven consecutive days selected by the licensee, $26.50 $33;
    (3) for persons age 18 or over to take fish by angling for a consecutive 72-hour
period selected by the licensee, $22 $27;
    (4) for persons age 18 or over to take fish by angling for a combined license for a
family for one or both parents and dependent children under the age of 16, $50.50 $53;
    (5) for persons age 18 or over to take fish by angling for a 24-hour period selected
by the licensee, $8.50 $12;
    (6) for persons age 18 or over to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days selected by one of the licensees, $38.50
$43; and
(7) for persons age 18 or over to take fish by spearing from a dark house, $37.50.;
(8) for persons age 16 or over and under age 18 to take fish by angling, $12;
(9) for persons age 16 or over and under age 18 to take fish by spearing from a
dark house, $9; and
(10) for persons age 18 or over to take fish by angling, limited to seven consecutive
days selected by the licensee, $29.
    (b) A $2 $5 surcharge shall be added to all nonresident fishing licenses, except
licenses issued under paragraph (a), clause clauses (5), (8), and (9), and licenses purchased
at the resident fee by nonresidents under age 16 under section 97A.451, subdivision 5,
paragraph (b). An additional commission may not be assessed on this surcharge.

    Sec. 26. Minnesota Statutes 2010, section 97A.475, subdivision 8, is amended to read:
    Subd. 8. Minnesota sporting; super sports. (a) The commissioner shall issue
Minnesota sporting licenses to residents only. The licensee may take fish by angling
and small game. The fee for the license is:
(1) for an individual, $23 $36.50; and
(2) for a combined license for a married couple to take fish and for one spouse
to take small game, $32 $52.50.
(b) The commissioner shall issue Minnesota super sports licenses to residents only.
The licensee may take fish by angling, including trout; small game, including pheasant
and waterfowl; and deer. The fee for the super sports license, including all required stamp
validations, is:
(1) for an individual age 18 or over, $92.50; and
(2) for a combined license for a married couple as defined in section 517.01 to take
fish, including the trout and salmon stamp validation, and for one spouse to take small
game, including pheasant and waterfowl, and deer, $118.50.
(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
according to section 97A.075, subdivisions 2, 3, and 4.
(d) Revenue for the deer dedicated accounts from the deer license endorsement
under paragraph (b) shall be deposited according to section 97A.075, subdivision 1.

    Sec. 27. Minnesota Statutes 2010, section 97A.475, subdivision 11, is amended to read:
    Subd. 11. Fish houses, dark houses, and shelters; residents. Fees for the
following licenses are:
    (1) annual for a fish house, dark house, or shelter that is not rented, $11.50 $15;
    (2) annual for a fish house, dark house, or shelter that is rented, $26 $30;
    (3) three-year for a fish house, dark house, or shelter that is not rented, $34.50
$42; and
    (4) three-year for a fish house, dark house, or shelter that is rented, $78 $87.

    Sec. 28. Minnesota Statutes 2010, section 97A.475, subdivision 12, is amended to read:
    Subd. 12. Fish houses, dark houses, and shelters; nonresident. Fees for fish
house, dark house, and shelter licenses for a nonresident are:
    (1) annual, $33 $37;
    (2) seven consecutive days, $19 selected by the licensee, $21; and
    (3) three-year, $99 $111.

    Sec. 29. Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:
    Subd. 20. Trapping license licenses. (a) The fee for a license to trap fur-bearing
animals, other than wolves, is:
(1) for residents over age 13 and under age 18, $6 $7;
(2) for residents age 18 or over and under age 65, $20 $23;
(3) for residents age 65 or over, $10 $11.50; and
(4) for nonresidents, $73 $84.
(b) The fee for a license to trap wolves is $50, to be issued to residents only.

    Sec. 30. Minnesota Statutes 2010, section 97A.475, subdivision 43, is amended to read:
    Subd. 43. Duplicate licenses. The fees for duplicate licenses are:
(1) for licenses to take big game, $5, except licenses issued under subdivision 8,
paragraph (b); and
(2) for other licenses, $2.

    Sec. 31. Minnesota Statutes 2010, section 97A.475, subdivision 44, is amended to read:
    Subd. 44. Replacement licenses. The fee for a replacement firearms deer license
is $5, except there is no fee for replacing a deer license issued under subdivision 8,
paragraph (b).

    Sec. 32. Minnesota Statutes 2010, section 97A.475, subdivision 45, is amended to read:
    Subd. 45. Camp Ripley archery deer hunt. The application fee for the Camp
Ripley archery deer hunt is $8 $12.

    Sec. 33. Minnesota Statutes 2010, section 97A.485, subdivision 7, is amended to read:
    Subd. 7. Electronic licensing system commission. The commissioner shall retain
for the operation of the electronic licensing system the commission established under
section 84.027, subdivision 15, and issuing fees collected by the commissioner on all
license fees collected, excluding:.
    (1) the small game surcharge;
    (2) the deer license surcharges or donations under section 97A.475, subdivisions 3,
paragraph (b), and 3a; and
    (3) $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6,
clauses (1) , (2), and (4), 7, 8, 12, and 13.

    Sec. 34. Minnesota Statutes 2010, section 97B.020, is amended to read:
97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
    (a) Except as provided in this section and section 97A.451, subdivision 3a 3b, a
person born after December 31, 1979, may not obtain an annual license to take wild
animals by firearms unless the person has:
    (1) a firearms safety certificate or equivalent certificate;
    (2) a driver's license or identification card with a valid firearms safety qualification
indicator issued under section 171.07, subdivision 13;
    (3) a previous hunting license with a valid firearms safety qualification indicator;
    (4) an apprentice hunter validation issued under section 97B.022; or
    (5) other evidence indicating that the person has completed in this state or in another
state a hunter safety course recognized by the department under a reciprocity agreement or
certified by the department as substantially similar.
    (b) A person who is on active duty and has successfully completed basic training
in the United States armed forces, reserve component, or National Guard may obtain a
hunting license or approval authorizing hunting regardless of whether the person is issued
a firearms safety certificate.
    (c) A person born after December 31, 1979, may not use a lifetime license to take
wild animals by firearms, unless the person meets the requirements for obtaining an annual
license under paragraph (a) or (b).

    Sec. 35. Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:
    Subd. 4. Exception to license requirements. (a) A resident under age 16 may take
small game, other than wolves, without a small game license, and a resident under age
13 may trap small game and fur-bearing animals, other than wolves, without a trapping
license, as provided in section 97A.451, subdivision 3.
(b) A person may take small game, other than wolves, without a small game license
on land occupied by the person as a principal residence.
(c) An owner or occupant may take certain small game causing damage without a
small game or trapping license as provided in section 97B.655.
(d) A person may use dogs to pursue and tree raccoons under section 97B.621,
subdivision 2 , during the closed season without a license.
(e) A person may take a wolf, turkey, or a prairie chicken without a small game
license.

    Sec. 36. Minnesota Statutes 2010, section 97B.603, is amended to read:
97B.603 TAKING SMALL GAME AS A PARTY.
(a) While two or more persons are taking small game as a party and maintaining
unaided visual and vocal contact, a member of the party may take and possess more than
one limit of small game, but the total number of small game taken and possessed by
the party may not exceed the limit of the number of persons in the party that may take
and possess small game.
(b) This section does not apply to the hunting of wolves, migratory game birds, or
turkeys, except that a licensed turkey hunter may assist another licensed turkey hunter and
a licensed wolf hunter may assist another licensed wolf hunter for the same zone and time
period as long as the hunter does not shoot or tag a turkey or wolf for the other hunter.

    Sec. 37. Minnesota Statutes 2010, section 97B.605, is amended to read:
97B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
SMALL GAME ANIMALS.
The commissioner may prescribe restrictions on and designate areas where gray and
fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray
fox, fisher, pine marten, opossum, wolves, and badger may be taken and possessed.

    Sec. 38. Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is
amended to read:
    Subd. 9. Open season. There shall be no open season for gray wolves until after the
gray wolf is delisted under the federal Endangered Species Act of 1973. After that time,
the commissioner may prescribe open seasons and restrictions for taking gray wolves but
must provide opportunity for public comment.

    Sec. 39. [97B.647] TAKING WOLVES.
    Subdivision 1. License required. Except as provided under section 97B.645 or
97B.671, a person may not take a wolf without a wolf hunting or wolf trapping license.
    Subd. 2. Open seasons. Wolves may be taken with legal firearms, with bow and
arrow, and by trapping. The commissioner may by rule prescribe the open seasons for
wolves.
    Subd. 3. Open areas. The commissioner may by rule designate areas where wolves
may be taken.
    Subd. 4. Bag limit. The commissioner may establish by rule the bag limit for
wolves.
    Subd. 5. Limit on number of hunters and trappers. The commissioner may by
rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary
to prevent an overharvest or improve the distribution of hunters and trappers. The
commissioner shall establish a method, including a drawing, to impartially select the
hunters and trappers for an area.
    Subd. 6. Application for license. An application for a wolf hunting or wolf trapping
license must be made in a manner provided by the commissioner and accompanied by a
$4 application fee. The $4 application fee shall be credited to the wolf management and
monitoring account and appropriated to the commissioner to pay for costs associated with
conducting the wolf license drawing and wolf management. A person may not make
more than one application for each season as prescribed by the commissioner. If a person
makes more than one application, the person is ineligible for a license for that season after
determination by the commissioner, without a hearing.
    Subd. 7. Quotas. The commissioner may by rule set an annual quota for the number
of wolves that can be taken by hunting and trapping. The commissioner may establish a
method to monitor harvest and close the season when the quota is reached.

    Sec. 40. Minnesota Statutes 2010, section 97B.715, subdivision 1, is amended to read:
    Subdivision 1. Stamp required. (a) Except as provided in paragraph (b) or section
97A.405, subdivision 2 , a person required to possess a small game license may not hunt
pheasants without a pheasant stamp validation.
    (b) The following persons are exempt from this subdivision:
    (1) residents or nonresidents under age 18 or and residents over age 65;
    (2) persons hunting on licensed commercial shooting preserves; and
    (3) resident disabled veterans with a license issued under section 97A.441,
subdivision 6a .; and
(4) residents or nonresidents hunting on a license issued under section 97A.475,
subdivision 2, clause (16), or 3, paragraph (a), clause (13).

    Sec. 41. Minnesota Statutes 2010, section 97B.801, is amended to read:
97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.
    (a) Except as provided in this section or section 97A.405, subdivision 2, a person
required to possess a small game license may not take migratory waterfowl without a
migratory waterfowl stamp validation.
    (b) Residents under age 18 or over age 65; resident disabled veterans with a license
issued under section 97A.441, subdivision 6a; and persons hunting on their own property
are not required to possess a stamp validation under this section.
(c) Residents or nonresidents with a license issued under section 97A.475,
subdivision 2, clause (16), or 3, paragraph (a), clause (13), are not required to possess a
stamp validation under this section.

    Sec. 42. Minnesota Statutes 2010, section 97C.301, subdivision 3, is amended to read:
    Subd. 3. Spearing. A person may not take fish by spearing from a dark house
without a dark house spearing license and an angling license.

    Sec. 43. Minnesota Statutes 2010, section 97C.305, subdivision 1, is amended to read:
    Subdivision 1. Requirement. Except as provided in subdivision 2 or section
97A.405, subdivision 2 , a person over age 16 18 and under age 65 required to possess an
angling license must have a trout and salmon stamp validation to:
(1) take fish by angling in:
(i) a stream designated by the commissioner as a trout stream;
(ii) a lake designated by the commissioner as a trout lake; or
(iii) Lake Superior; or
(2) possess trout or salmon taken in the state by angling.

    Sec. 44. Minnesota Statutes 2010, section 97C.305, subdivision 2, is amended to read:
    Subd. 2. Exception. A trout and salmon stamp validation is not required to take fish
by angling or to possess trout and salmon if:
(1) the person:
(i) possesses a license to take fish by angling for a period of 24 hours or 72 hours
from the time of issuance under section 97A.475, subdivision 6, clause (4) or (5),; or
subdivision 7, clause (3) or (5), and
(ii) is taking fish by angling, or the trout or salmon were taken by the person, during
the period the license is valid;
(2) the person is taking fish, or the trout or salmon were taken by the person, as
authorized under section 97C.035; or
(3) the person has a valid license issued under section 97A.441, subdivision 1, 2,
3, 4, or 5.

    Sec. 45. Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:
    Subd. 3. Permit application. Application for a public waters work permit must
be in writing to the commissioner on forms prescribed by the commissioner. The
commissioner may issue a state general permit to a governmental subdivision or to the
general public for classes of activities having minimal impact upon public waters under
which more than one project may be conducted under a single permit.

    Sec. 46. Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:
    Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state,
a person, partnership, or association, private or public corporation, county, municipality,
or other political subdivision of the state may not appropriate or use waters of the state
without a water use permit from the commissioner.
(b) This section does not apply to use for a water supply by less than 25 persons for
domestic purposes.
(c) The commissioner may issue a state general permit for appropriation of water
to a governmental subdivision or to the general public for classes of activities that have
minimal impact upon waters of the state. The general permit may authorize more than
one project and the appropriation or use of more than one source of water. Water use
permit processing fees and reports required under subdivision 6 and section 103G.281,
subdivision 3 , are required for each project or water source that is included under a
general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
annually.

    Sec. 47. Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:
    Subd. 2. Permit application and notification fees. (a) A permit application fee
to defray the costs of receiving, recording, and processing the application must be paid
for a permit application authorized under this chapter and, except for a general permit
application, for each request to amend or transfer an existing permit, and for a notification
to request authorization to conduct a project under a general permit. Fees established
under this subdivision, unless specified in paragraph (c), shall be compliant with section
16A.1285 .
    (b) Proposed projects that require water in excess of 100 million gallons per year
must be assessed fees to recover the costs incurred to evaluate the project and the costs
incurred for environmental review. Fees collected under this paragraph must be credited
to an account in the natural resources fund and are appropriated to the commissioner.
    (c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b);, and for a permit to construct or repair a dam that is subject to dam safety
inspection; or a state general permit is $150. The application fee for a permit to work in
public waters or to divert waters for mining must be at least $150, but not more than
$1,000. The fee for a notification to request authorization to conduct a project under a
general permit is $100.

    Sec. 48. Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:
    Subd. 4. Refund of fees prohibited. A permit application, general permit
notification, or field inspection fee may not be refunded for any reason, even if the
application or request is denied or withdrawn.

    Sec. 49. Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:
    Subd. 5. State and federal agencies exempt from fee. A permit application,
general permit notification, or field inspection fee may not be imposed on any state agency,
as defined in section 16B.01, or federal governmental agency applying for a permit.

    Sec. 50. Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to
read:
    Subd. 5a. Town fees limited. Notwithstanding this section or any other law, no
permit application, general permit notification, or field inspection fee charged to a town
in connection with the construction or alteration of a town road, bridge, or culvert shall
exceed $100.

    Sec. 51. Minnesota Statutes 2010, section 103G.611, is amended by adding a
subdivision to read:
    Subd. 1a. General permits. The commissioner may issue a general permit to
a governmental subdivision or to the general public to conduct one or more projects
described in subdivision 1. A fee of $100 may be charged for each aeration system used
under a general permit.

    Sec. 52. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
is amended to read:
    Subdivision 1. Issuance; validity. (a) The commissioner may issue a state general
permit to a governmental subdivision or to the general public to conduct one or more
projects described in this subdivision. The commissioner may issue permits, with or
without a fee, to:
(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
waters;
(2) transplant aquatic plants into public waters;
(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation,
other forms of aquatic life, and the public.
(b) Application for a permit and a notification to request authorization to conduct a
project under a general permit must be accompanied by a permit fee, if required.
(c) An aquatic plant management permit is valid for one growing season and expires
on December 31 of the year it is issued unless the commissioner stipulates a different
expiration date in rule or in the permit.
(d) A general permit may authorize a project for more than one growing season.

    Sec. 53. Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
is amended to read:
    Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
section 16A.1283 does not apply, but the rule must not take effect until 45 legislative days
after it has been reported to the legislature. The fees shall not exceed $2,500 per permit
and shall be based upon the cost of receiving, processing, analyzing, and issuing the
permit, and additional costs incurred after the application to inspect and monitor the
activities authorized by the permit, and enforce aquatic plant management rules and permit
requirements. Fees shall be based upon:
(1) the cost of receiving, processing, analyzing, and issuing a permit; and
(2) additional costs incurred after the application to inspect and monitor the activities
authorized by the permit and to enforce aquatic plant management rules and permit
requirements.
    (b) A fee for a permit for the When application is made to control two or more
shoreline nuisance conditions, only the larger fee applies. A permit application fee, in the
form of a check or money order payable to the Department of Natural Resources, must
accompany each permit application when required by the following fee schedule:
(1) to control of rooted aquatic vegetation plants by pesticide or mechanical
means, $90 for each contiguous parcel of shoreline owned by an owner may be charged,
including a permit valid for three years. This fee may not be charged for permits issued
in connection with purple loosestrife control or lakewide Eurasian water milfoil control
programs. or baywide invasive aquatic plant management permits;
(2) to control filamentous algae, snails that carry swimmer's itch, or leeches, singly
or in combination, $40 for each contiguous parcel of shoreline with a distinct owner;
(3) for offshore control of submersed aquatic plants by pesticide or mechanical
means, $90;
(4) to control plankton algae or free-floating aquatic plants by lakewide or baywide
application of approved pesticides, $90;
(5) for the control of rooted aquatic vegetation in a public water basin that is 20 acres
or less in size, one-half of the fee established under clause (1);
(6) for a commercial mechanical control permit, $100 annually; and
(7) for a commercial harvest permit, $100 plus $300 for each public water listed on
the application that requires an inspection. An inspection is required for waters with no
previous permit history and may be required at other times to monitor the status of the
aquatic plant population.
    (c) A fee may not be charged to There is not permit fee for:
(1) permits to transplant aquatic plants in public waters;
(2) permits to move or remove a floating bog in public waters if the floating bog is
lodged against the permittee's property and has not taken root;
(3) permits to control purple loosestrife (Lythrum salicaria);
(4) invasive aquatic plant management permits; or
(5) permits applied for by the state or a federal governmental agency applying for
a permit.
    (d) A fee for a permit for the control of rooted aquatic vegetation in a public water
basin that is 20 acres or less in size shall be one-half of the fee established under paragraph
(a). If the fee does not accompany the application, the commissioner shall notify the
applicant and no action shall be taken on the application until the fee is received.
(e) The fee is refundable only when the application is withdrawn prior to field
inspection or issuance or denial of the permit or when the commissioner determines that
the activity does not require a permit.
(f) The money received for the permits under this subdivision shall be deposited in
the treasury and credited to the water recreation account in the natural resources fund.
(g) The fee for processing a notification to request authorization for work under a
general permit is $30, unless the commissioner establishes a fee by rule as provided
under this subdivision.

    Sec. 54. [115A.141] DEFINITIONS.
    Subdivision 1. Applicability. For purposes of sections 115A.141 to 115A.148, the
terms defined in this section have the meanings given them.
    Subd. 2. Architectural paint. "Architectural paint" means interior and exterior
architectural coatings sold in containers of five gallons or less. Architectural paint does
not include industrial coatings, original equipment coatings, or specialty coatings.
    Subd. 3. Brand. "Brand" means a name, symbol, word, or mark that identifies the
designated product, rather than its components, and attributes the product to the owner
or licensee of the brand as the producer.
    Subd. 4. Designated product. "Designated product" means a product listed under
section 115A.142.
    Subd. 5. Discarded product. "Discarded product" means a designated product that
is no longer used for its manufactured purpose.
    Subd. 6. Producer. "Producer" means a person that:
(1) has legal ownership of the brand, brand name, or cobrand of a designated
product sold in the state;
(2) imports a designated product branded by a producer that meets clause (1) when
the producer has no physical presence in the United States;
(3) if clauses (1) and (2) do not apply, makes an unbranded designated product
that is sold in the state; or
(4) sells a designated product at wholesale or retail, does not have legal ownership of
the brand, and elects to fulfill the responsibilities of the producer for the product.
    Subd. 7. Recycling. "Recycling" means the process of collecting and preparing
recyclable materials and reusing the materials in their original form or using them in
manufacturing processes that do not cause the destruction of recyclable materials in a
manner that precludes further use.
    Subd. 8. Retailer. "Retailer" means any person who offers designated products for
sale at retail in the state.
    Subd. 9. Reuse. "Reuse" means donating or selling a collected designated product
back into the market for its original intended use, when the designated product retains its
original purpose and performance characteristics.
    Subd. 10. Sale or sell. "Sale" or "sell" means transfer of title of a designated product
for consideration, including a remote sale conducted through a sales outlet, catalog, Web
site, or similar electronic means. For purposes of sections 115A.141 to 115A.148, sale or
sell includes a lease through which a designated product is provided to a consumer by a
producer, wholesaler, or retailer.
    Subd. 11. Stewardship assessment. "Stewardship assessment" means the amount
added to the purchase price of a designated product sold in the state that is necessary
to cover the cost of collecting, transporting, and processing postconsumer designated
products by the producer or stewardship organization pursuant to a product stewardship
program.
    Subd. 12. Stewardship organization. "Stewardship organization" means an
organization appointed by one or more producers to act as an agent on behalf of the
producer to design, submit, and administer a product stewardship program under sections
115A.141 to 115A.148.
    Subd. 13. Stewardship plan. "Stewardship plan" means a detailed plan describing
the manner in which a product stewardship program under section 115A.143 will be
implemented.

    Sec. 55. [115A.142] DESIGNATED PRODUCT.
Architectural paint is a designated product under sections 115A.141 to 115A.148.

    Sec. 56. [115A.143] PRODUCT STEWARDSHIP PROGRAM.
For each designated product sold in the state, producers must, individually
or through a stewardship organization, implement and finance a statewide product
stewardship program that manages the designated products by reducing the product's
waste generation, promoting its reuse and recycling, and providing for negotiation and
execution of agreements to collect, transport, and process the product for end-of-life
recycling and reuse.

    Sec. 57. [115A.144] PARTICIPATION IN PRODUCT STEWARDSHIP
PROGRAM; STEWARDSHIP PLAN.
    Subdivision 1. Requirement for sale. (a) On and after January 1, 2014, no producer,
wholesaler, or retailer may sell or offer for sale in the state a designated product unless the
product's producer participates in an approved stewardship plan, either individually or
through a stewardship organization.
(b) Each producer must operate a product stewardship program approved by the
agency or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
    Subd. 2. Requirement to submit plan. (a) Before offering a designated product
for sale in the state, a producer must submit a stewardship plan to the agency and receive
approval of the plan or must submit documentation to the agency that demonstrates the
producer has entered into an agreement with a stewardship organization to be an active
participant in an approved product stewardship program. A stewardship plan must include
all elements required under subdivision 3.
(b) Starting July 1, 2013, and every three years thereafter, a producer or stewardship
organization operating a product stewardship program must update the stewardship plan
and submit the updated plan to the agency for review and approval.
(c) It is the responsibility of the entities responsible for each stewardship plan to
notify the agency within 30 days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a written plan revision must be
submitted to the agency for review and approval.
    Subd. 3. Stewardship plan content. A stewardship plan must contain:
(1) certification that the product stewardship program will accept all discarded
product regardless of which producer produced the designated product and its individual
components;
(2) contact information for the individual and the entity submitting the plan and for
all producers participating in the product stewardship program;
(3) a description of the methods by which the discarded product will be collected
in all areas in the state without relying on end-of-life fees, including an explanation of
how the collection system will be convenient and adequate to serve the needs of small
businesses and residents in both urban and rural areas on an ongoing basis;
(4) a description of how the adequacy of the collection program will be monitored
and maintained;
(5) the names and locations of collectors, transporters, and recycling facilities that
will manage discarded products;
(6) a description of how the discarded products and the products' components will
be safely and securely transported, tracked, and handled from collection through final
recycling and processing;
(7) a description of the method to be used to reuse, deconstruct, or recycle the
discarded products to ensure that the products' components, to the extent feasible, are
transformed or remanufactured into finished products for use;
(8) a description of the promotion and outreach activities that will be used to
encourage participation in the collection and recycling programs and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
(9) the proposed stewardship assessment. The producer or stewardship organization
shall propose a uniform stewardship assessment for any designated product sold in the
state. The proposed stewardship assessment shall be reviewed by an independent auditor
to ensure that the assessment does not exceed the costs of the product stewardship program
and the independent auditor shall recommend an amount for the stewardship assessment.
The agency must approve the stewardship assessment;
(10) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
(11) five-year performance goals, including an estimate of the percentage of
discarded product that will be collected, reused, and recycled during each of the first five
years of the stewardship plan. The performance goals must include a specific escalating
goal for the amount of discarded product that will be collected and recycled and reused
during each year of the plan. The performance goals must be based on:
(i) the most recent collection data available for the state;
(ii) the amount of designated product disposed of annually;
(iii) the weight of the designated product that is expected to be available for
collection annually; and
(iv) actual collection data from other existing programs.
The stewardship plan must state the methodology used to determine these goals;
(12) product design changes, if applicable, that will be considered to reduce
toxicity, water use, or energy use or to increase recycled content, recyclability, or product
longevity; and
(13) a discussion of market development opportunities to expand use of recovered
product, with consideration of expansion of processing activity proximate to areas of
collection.
    Subd. 4. Consultation required. (a) Each stewardship organization or individual
producer submitting a stewardship plan must consult with stakeholders including retailers,
collectors, recyclers, local government, customers, and citizens during the development of
the plan, solicit stakeholder comments, and attempt to address any stakeholder concerns
regarding the plan before submitting the plan to the agency for review.
(b) The producer or stewardship organization must invite comments from local
governments, communities, and citizens to report their satisfaction with services, including
education and outreach, provided by the product stewardship program. The information
must be submitted to the agency and used by the agency in reviewing proposed updates or
changes to the stewardship plan.
    Subd. 5. Agency review and approval. (a) Within 90 days after receipt of a
proposed stewardship plan, the agency shall determine whether the plan complies with
subdivision 3. If the agency approves a plan, the agency shall notify the applicant of the
plan approval in writing. If the agency rejects a plan, the agency shall notify the applicant
in writing of the reasons for rejecting the plan. An applicant whose plan is rejected by
the agency must submit a revised plan to the agency within 60 days after receiving
notice of rejection.
(b) Any proposed changes to a stewardship plan must be approved by the agency
in writing.
    Subd. 6. Plan availability. All stewardship plans approved by the agency shall be
placed on the agency's Web site and made available at the agency's headquarters for public
review within 30 days of the agency's approval.

    Sec. 58. [115A.1445] CONDUCT AUTHORIZED.
A producer or stewardship organization that organizes collection, transport, and
processing of designated products under section 115A.143 is immune from liability for
the conduct under state laws relating to antitrust, restraint of trade, unfair trade practices,
and other regulation of trade or commerce only to the extent that the conduct is necessary
to plan and implement the producer's or organization's chosen organized collection or
recycling system.

    Sec. 59. [115A.145] RESPONSIBILITY OF PRODUCERS.
(a) On and after the date of implementation of a product stewardship program
according to section 115A.143, a producer must add the stewardship assessment, as
established according to section 115A.144, subdivision 3, clause (9), to the cost of the
designated product sold to retailers and distributors in the state by the producer.
(b) Producers or the stewardship organization shall provide consumers with
educational materials regarding the stewardship assessment and product stewardship
program. The materials must include, but are not limited to, information regarding
available end-of-life management options for each designated product offered through
the product stewardship program and information that notifies consumers that a charge
for the operation of the product stewardship program is included in the purchase price
of designated products sold in the state.

    Sec. 60. [115A.1455] RESPONSIBILITY OF RETAILERS.
(a) On and after January 1, 2014, no designated product may be sold in the state
unless the product's producer is participating in an approved stewardship plan.
(b) On and after the implementation date of a product stewardship program according
to section 115A.143, each retailer or distributor, as applicable, must add the amount of the
stewardship assessment to the purchase price of all designated product sold in the state.
(c) Any retailer may participate, on a voluntary basis, as a designated collection
point pursuant to a product stewardship program and in accordance with applicable law.
(d) No retailer or distributor shall be found to be in violation of this section if, on the
date the designated product was ordered from the producer or its agent, the producer was
listed as compliant on the agency's Web site according to section 115A.1465.

    Sec. 61. [115A.146] STEWARDSHIP REPORTS.
(a) Beginning March 1, 2015, producers of designated products sold in the state must
individually or through a stewardship organization submit an annual report to the agency
describing the product stewardship program. At a minimum, the report must contain:
(1) a description of the methods used to collect, transport, and process designated
products in all regions of the state;
(2) the weight of all designated products collected in all regions of the state and a
comparison to the performance goals and recycling rates established in the stewardship
plan;
(3) the amount of unwanted designated products collected in the state by method of
disposition, including reuse, recycling, and other methods of processing;
(4) identification of the facilities processing designated product and the number and
weight processed at each facility;
(5) an evaluation of the operation of the program's funding mechanism;
(6) samples of educational materials provided to consumers and an evaluation of the
effectiveness of the materials and the methods used to disseminate the materials; and
(7) a description of progress made toward achieving product design changes in
accordance with section 115A.144, subdivision 3, clause (12).
(b) Proprietary information submitted to the agency under sections 115A.141 to
115A.148 is nonpublic data under chapter 13.

    Sec. 62. [115A.1465] AGENCY RESPONSIBILITIES.
The agency shall provide on its Web site a list of all compliant producers and brands
participating in stewardship plans that the agency has approved and a list of all producers
and brands the agency has identified as noncompliant with sections 115A.141 to 115A.148.

    Sec. 63. [115A.147] LOCAL GOVERNMENT RESPONSIBILITIES.
(a) A city, county, or other public agency may choose to participate voluntarily in
a product stewardship program.
(b) Cities, counties, and other public agencies are encouraged to work with producers
and stewardship organizations to assist in meeting product stewardship program recycling
obligations, by providing education and outreach or using other strategies.
(c) A city, county, or other public agency that participates in a product stewardship
program must report annually to the agency using the reporting form provided by the
agency on the cost savings as a result of participation and describe how the savings were
used.

    Sec. 64. [115A.1475] REPORT TO LEGISLATURE.
(a) By December 1 in 2015 and 2016, and every four years thereafter, the agency
shall provide a report to the governor and the legislature on the implementation of sections
115A.141 to 115A.148. For each program year, the report must provide the total weight of
designated products collected and recycled and a summary of information in the reports
submitted by producers under section 115A.146. The report must also discuss the various
collection programs used by producers to collect designated products and information
about designated products, if any, being disposed of in disposal facilities in the state.
The report must identify the cost savings to local governments as a result of sections
115A.141 to 115A.148.
(b) The report must include recommendations for changes, if any, to the product
stewardship program.

    Sec. 65. [115A.148] ADMINISTRATIVE FEE.
(a) The stewardship organization or individual producer submitting a stewardship
plan shall pay the agency an annual administrative fee. The agency shall set the fee at
an amount that, when paid by every stewardship organization or individual producer that
submits a stewardship plan, is adequate to cover the agency's full costs of administering
and enforcing sections 115A.141 to 115A.148. The agency may establish a variable
fee based on relevant factors, including, but not limited to, the portion of designated
products sold in the state by members of the organization compared to the total amount of
designated products sold in the state by all organizations submitting a stewardship plan.
(b) The total amount of annual fees collected under this section must not exceed
the amount necessary to recover costs incurred by the agency in connection with the
administration and enforcement of sections 115A.141 to 115A.148.
(c) The agency shall identify the direct program development or regulatory costs it
incurs under sections 115A.141 to 115A.148 before stewardship plans are submitted and
shall establish a fee in an amount adequate to cover those costs, which shall be paid by a
stewardship organization or individual producer that submits a stewardship plan.
(d) A stewardship organization or individual producer subject to this section must
pay the agency's administrative fee under paragraph (a) on or before July 1, ...., and
annually thereafter and the agency's development fee under paragraph (c) on or before
July 1, ...., and annually thereafter through July 1, ..... Each year after the initial payment,
the annual administrative fee may not exceed five percent of the aggregate assessment
collected for the preceding calendar year.
(e) The agency shall deposit the fees collected under this section into a designated
product stewardship account.

    Sec. 66. APPROPRIATION REDUCTION.
$100,000 beginning in fiscal year 2013 is a reduction in Laws 2011, First Special
Session chapter 2, article 1, section 4, subdivision 6, from the nongame wildlife
management account in the natural resources fund for gray wolf management.

    Sec. 67. REPEALER.
Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision 5;
89.06; 90.042; 97A.451, subdivisions 3a and 7; 97A.4742, subdivision 4; and 103G.705,
subdivision 1, are repealed.