Environment and natural resources budget sees big boost under new law

A new law aims to provide financial resources to help protect the environment, enhance outdoor experiences, and prepare for an uncertain climate future.

Sponsored by Rep. Rick Hansen (DFL-South St. Paul) and Sen. Foung Hawj (DFL-St. Paul) the environment and natural resources finance and policy law (HF2310*/SF2438/CH60) provides millions in onetime spending to address lingering issues and match federal investments. It takes effect July 1, 2023.

General Fund spending in the environmental portion of the law totals $994.2 million for the 2024-25 biennium, an increase of $670 million.

Those appropriations include:

• $499.7 million to the Department of Natural Resources;

• $279.6 million to the Pollution Control Agency;

• $120.1 million to the Board of Water and Soil Resources;

• $27.5 million to the Minnesota Zoo;

• $25.8 million to the Metropolitan Council; and

• $9.5 million to the Science Museum of Minnesota.

Among DNR appropriations is a onetime $110 million appropriation for the Get Out MORE (modernizing outdoor recreation experiences) initiative which aims to update and enhance access to boating and public land, improve fish hatcheries, restore streams, and improve camping infrastructure.

The law authorizes $79.6 million from the Environment and Natural Resources Trust Fund, which receives its money from state lottery proceeds. The money will go to approximately 80 research, habitat, and recreation projects.

To repay money borrowed from the Metropolitan Landfill Contingency Action Trust, the law allocates $27.4 million.

Increased fees

The law will increase triannual fees to register a boat by 56% to 151% depending on the size and type of craft. New fees will be:

• $209 for boats longer than 40 feet;

• $164 for commercial crafts and boats between 26 feet and 40 feet;

• $113 for boats between 19 feet and 26 feet;

• $85 for all personal watercraft;

• $59 for boats between 17 feet and 19 feet;

• $36 for boats smaller than 17 feet;

• $23 for sailboats smaller than 19 feet and kayaks, sailboards, paddleboats, or rowing shells longer than 10 feet;

• $14 for boats smaller than 19 feet offered for rent; and

• $8 for boats used by nonprofits to teach boating and water safety.

A summer surcharge on water use by very large operations will increase to $50 per million gallons and can be assessed in May and September along with June, July, and August.

There is also a higher fee when applying for permits for certain purposes applicable to operators seeking to use more than 100 million gallons per year.

Amara’s Law and PFAS regulations

Several provisions addressing perfluoroalkyl and polyfluoroalkyl substances were named in honor of Amara Strande, who died at age 20 during the session, but spent her last weeks advocating for a ban on the “forever chemicals” that have been associated with a broad range of health problems.

Amara’s Law will require information on products containing PFAS to be submitted to the Pollution Control Agency, starting in 2026. It will prohibit the sale of carpets, cleaning products, cookware, cosmetics, dental floss, fabric treatments, children’s products, menstrual products, textile furnishings (including upholstered furniture) and ski wax with intentionally added PFAS starting Jan. 1, 2025. By Jan. 1, 2032, no product with intentionally added PFAS may be sold unless the use is determined to be unavoidable.

Additional provisions addressing the use of PFAS were included, including, prohibiting the use of PFAS in firefighting foam with exceptions for airports and refineries and terminals, and requiring the substances’ use in firefighting gear to be studied.

Watercraft operator permits

The law will phase in watercraft operators permits for adults.

By 2028, residents born after July 1, 1987, will need a permit to operate a boat. Children aged 12 and younger will not be allowed to operate personal watercraft or boats with a more than 75-horsepower motor.

Only adults can rent a motorized watercraft and they must have an operators permit or be exempt. Businesses may rent to adults without an operators permit if they review safe operating materials and pass a short test. The sections regarding watercraft operator permits take effect July 1, 2025.

PCA, DNR, BOWSR policy

The law includes scores of policy provisions addressing longstanding and emerging issues faced by the DNR, Pollution Control Agency and Board of Water and Soil Resources.

These include provisions that will:

• reduce the supermajority required for the Legislative-Citizen Commission on Minnesota Resources to make a formal recommendation on environmental trust fund spending, which goes into effect Jan. 1, 2025;

• set term limits for LCCMR members;

• have the Pollution Control Agency address odor complaints in the metropolitan area;

• bar new permits for farming white-tail deer;

• ensure at least 40% of large PCA settlements go to the health board in the affected community;

• transfer the Upper Sioux Agency State Park to the Upper Sioux Community;

• streamline snowmobile registration number displays to fit on decals;

• allow snowmobiles to cross a divided highway at an approved safe location instead of only at intersections;

• allow officers to order watercraft decontamination from invasive species if decontamination equipment is not onsite;

• allow the DNR to adopt reservation policies for education programs and day-use facilities;

• define native swans as trumpeter or tundra but not mute swans and classify taking of a native swan and other game and fish violations involving native swans as a gross misdemeanor;

• state wanton waste does not apply to common carp;

• default to paperless fishing, trapping, and hunting licenses beginning in 2026;

• expand a walk-in access program to include birdwatching and nature photography;

• change language to allow motorized access for all people with disabilities instead of current language referring to “disabled hunters”;

• reinstate a law allowing portable stands to be left overnight;

• close a loophole that had allowed violators of game and fish law related to big game to use a big game license issued before their conviction;

• make spouses of nonresident National Guard and armed forces personnel stationed in Minnesota eligible for resident fishing licenses;

• allow anyone, not just people age 60 or older, to use a crossbow to hunt deer, bear, turkey, or rough fish during the respective archery season. The provision expires June 30, 2025, and a report on its impact on the deer population is required;

• require ground blinds on public land to have a patch of blaze orange visible for 360 degrees;

• clarify youth licenses are for youth only and cannot be used by an adult in their party;

• allow farmers to scare, chase or harass deer and elk outside of hunting season if the animals are damaging crops. This does not allow using dogs or poison;

• allow two-line finishing downstream of Granite Falls Dam on the Minnesota River and downstream of St. Anthony Falls on Mississippi River;

• prohibit dumping waste from an ice house or dark house onto frozen lakes. Violators could be fined $100;

• allow the DNR to take measures, such as a sustainable diversion limit, to ensure groundwater appropriations don’t hurt surface waters. Requires the department to consider cumulative withdrawal rates when establishing water appropriation limits;

• provide the DNR with additional water law enforcement tools, including allowing the DNR toissue fines of up to $40,000;

• require the DNR fill at least 3.5 full-time equivalent positions for outreach to Southeast Asian communities. The staff must be fluent in Hmong or Karen languages;

• until June 30, 2025, allow temporary importation of minnows from waters bordering Minnesota to alleviate a bait shortage;

• allow Class I cities to ban the use of pollinator lethal pesticides; and

• allow St. Louis County to use a portion of its environmental trust fund, which consists of proceeds from the sale of tax-forfeited land, for projects that protect the environment or create clean economy jobs, and names the fund the Mary C. Murphy Trust Fund.

HF2310* / SF2438 / CH60