Bill Text: MN HF641 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Clean water fund and parks and trails funding provided, agricultural water quality certification provided, restoration evaluation provisions modified, public water access site standards required, Greater Minnesota Regional Parks and Trails Commission established, and previous appropriation extended.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2014-05-12 - Author added Bernardy [HF641 Detail]
Download: Minnesota-2013-HF641-Engrossed.html
1.2relating to natural resources; appropriating money from clean water fund and
1.3parks and trails fund; providing for agricultural water quality certification;
1.4modifying provisions for restoration evaluations; requiring use of certain
1.5standards for public water access sites; establishing Greater Minnesota Regional
1.6Parks and Trails Commission; extending previous appropriation;amending
1.7Minnesota Statutes 2012, sections 10A.01, subdivision 35; 114D.50, subdivision
1.86; proposing coding for new law in Minnesota Statutes, chapters 17; 85.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13The sums shown in the columns marked "Appropriations" are appropriated to the
1.14agencies and for the purposes specified in this article. The appropriations are from the
1.15clean water fund and are available for the fiscal years indicated for allowable activities
1.16under the Minnesota Constitution, article XI, section 15. The figures "2014" and "2015"
1.17used in this article mean that the appropriations listed under them are available for the
1.18fiscal year ending June 30, 2014, or June 30, 2015, respectively. "The first year" is fiscal
1.19year 2014. "The second year" is fiscal year 2015. "The biennium" is fiscal years 2014
1.20and 2015. The appropriations in this article are onetime.
2.2The amounts that may be spent for each
2.3purpose are specified in the following
2.4sections.
2.6Money appropriated in this article may not
2.7be spent on activities unless they are directly
2.8related to and necessary for a specific
2.9appropriation and the recipient retains
2.10documentation sufficient to justify the use of
2.11the funds. Money appropriated in this article
2.12must be spent in accordance with Minnesota
2.13Management and Budget's Guidance to
2.14Agencies on Legacy Fund Expenditure.
2.15Notwithstanding Minnesota Statutes, section
2.1616A.28, and unless otherwise specified in
2.17this article, fiscal year 2014 appropriations
2.18are available until June 30, 2015, and fiscal
2.19year 2015 appropriations are available until
2.20June 30, 2016. If a project receives federal
2.21funds, the time period of the appropriation is
2.22extended to equal the availability of federal
2.23funding.
2.25(a) $350,000 the first year and $350,000 the
2.26second year are to accelerate monitoring for
2.27pesticides and pesticide degradates in surface
2.28water and groundwater in areas vulnerable to
2.29surface water impairments and groundwater
2.30degradation and to use data collected to
2.31improve pesticide use practices.
2.32(b) $3,110,000 the first year and $3,110,000
2.33the second year are to increase monitoring
2.34and evaluate trends in the concentration of
3.1nitrates in groundwater in areas vulnerable
3.2to groundwater degradation, including a
3.3substantial increase of monitoring of private
3.4wells in cooperation with the commissioner
3.5of health, monitoring for pesticides when
3.6nitrates are detected, and promoting and
3.7evaluating regional and crop-specific nutrient
3.8best management practices to protect
3.9groundwater from degradation. Of this
3.10amount, $75,000 is for accelerating the
3.11update for the commercial manure applicator
3.12manual. This amount is to be matched with
3.13general funds. This appropriation is available
3.14until June 30, 2016, when the commissioner
3.15shall submit a report to the chairs and
3.16ranking minority members of the senate and
3.17house of representatives committees and
3.18divisions with jurisdiction over agriculture
3.19and environment and natural resources
3.20policy and finance on the expenditure
3.21of these funds, including the progress in
3.22preventing groundwater degradation and
3.23recommendations. By October 15, 2014, the
3.24commissioner shall submit an interim report
3.25to the chairs and ranking minority members
3.26of the senate and house of representatives
3.27committees and divisions with jurisdiction
3.28over agriculture and environment and
3.29natural resources policy and finance on
3.30the expenditure of these funds, including
3.31recommendations.
3.32(c) $100,000 the first year and $100,000
3.33the second year are for transfer to the
3.34clean water agricultural best management
3.35practices loan account and are available
3.36for pass-through to local governments and
4.1lenders for low-interest septic system loans
4.2under Minnesota Statutes, section 17.117.
4.3Any unencumbered balance that is not used
4.4for pass-through to local governments does
4.5not cancel at the end of the first year and is
4.6available for the second year.
4.7(d) $1,500,000 the first year and $1,500,000
4.8the second year are for technical assistance,
4.9including but not limited to small watershed
4.10evaluation, edge of field monitoring,
4.11assessment of stream channel characteristics,
4.12terrain analysis, corn stalk testing, sediment
4.13fingerprinting, and agronomic assessments,
4.14all designed to establish advanced practices
4.15for protecting lakes, rivers, and streams and
4.16for protecting groundwater from degradation.
4.17This appropriation is available until June 30,
4.182016.
4.19(e) $1,050,000 the first year and $1,050,000
4.20the second year are for research that could
4.21pass peer review to protect water resources
4.22from agricultural related contaminants,
4.23including: pilot projects, including the
4.24use of cover crops; development of best
4.25management practices; and technical
4.26assistance on proper implementation of best
4.27management practices to protect and restore
4.28surface water and protect groundwater from
4.29degradation. This appropriation is available
4.30until June 30, 2018.
4.31(f) $175,000 the first year and $175,000 the
4.32second year are for a research inventory
4.33database containing water-related research
4.34activities. Any information technology
4.35development or support or costs necessary
5.1for this research inventory database will be
5.2incorporated into the agency's service level
5.3agreement with and paid to the Office of
5.4Enterprise Technology. This appropriation is
5.5available until June 30, 2016.
5.6(g) $1,500,000 the first year and $1,500,000
5.7the second year are to implement a Minnesota
5.8agricultural water quality certification
5.9program. This appropriation is available
5.10until June 30, 2018.
5.11(h) $110,000 the first year and $110,000
5.12the second year are for a regional irrigation
5.13water quality specialist through the
5.14University of Minnesota Extension Service
5.15to accelerate efforts to provide guidance on
5.16managing water and nitrogen fertilizer and
5.17to provide assistance complying with permit
5.18requirements, regulations, and other related
5.19laws. By January 15, 2016, the commissioner
5.20shall submit a report to the chairs and ranking
5.21minority members of the senate and house
5.22of representatives committees and divisions
5.23with jurisdiction over agriculture and
5.24environment and natural resources policy and
5.25finance on the expenditure of these funds,
5.26including recommendations.
5.28(a) $9,000,000 the first year and $9,000,000
5.29the second year are for the total maximum
5.30daily load grant program under Minnesota
5.31Statutes, section 446A.073. This
5.32appropriation is available until June 30, 2018.
5.33(b) $2,000,000 the first year and $2,000,000
5.34the second year are for small community
6.1wastewater treatment grants and loans under
6.2Minnesota Statues, section 446A.075. By
6.3January 15, 2014, the authority shall submit
6.4recommendations to the chairs and ranking
6.5minority members of the senate and house
6.6of representatives committees and divisions
6.7with jurisdiction over agriculture and
6.8environment and natural resources policy and
6.9finance on potential criteria that may be used
6.10to evaluate the option to buy out properties
6.11if it is more cost-effective than a proposed
6.12wastewater treatment system project. This
6.13appropriation is available until June 30, 2018.
6.14(c) If there are any uncommitted funds at
6.15the end of each fiscal year under paragraph
6.16(a) or (b), the Public Facilities Authority
6.17may transfer the remaining funds to eligible
6.18projects under any of the programs listed
6.19in this section based on their priority rank
6.20on the Pollution Control Agency's project
6.21priority list.
6.23(a) $7,000,000 the first year and $7,000,000
6.24the second year are for completion of 20
6.25percent of the needed statewide assessments
6.26of surface water quality and trends.
6.27(b) $500,000 the first year and $500,000
6.28the second year are to monitor and assess
6.29unregulated contaminants in surface water.
6.30By January 1, 2014, the commissioner shall
6.31submit an initial report to the chairs and
6.32ranking minority members of the house of
6.33representatives and senate committees and
6.34divisions with jurisdiction over environment
6.35and natural resources policy and finance on
7.1unregulated contaminants, including steps
7.2that should be taken to reduce the most
7.3problematic contaminants.
7.4(c) $10,200,000 the first year and
7.5$10,200,000 the second year are to develop
7.6watershed restoration and protection
7.7strategies (WRAPS), which include: total
7.8maximum daily load (TMDL) studies;
7.9TMDL implementation plans for waters
7.10listed on the United States Environmental
7.11Protection Agency approved impaired waters
7.12list in accordance with Minnesota Statutes,
7.13chapter 114D; and setting reduction and
7.14protection goals and a schedule for meeting
7.15the goals. The agency shall complete an
7.16average of ten percent of the TMDL's each
7.17year over the biennium. Of this amount,
7.18$800,000 each year is for conducting interim
7.19assessments of impaired waters five years
7.20after the completion of a TMDL to determine
7.21the progress made in achieving water quality
7.22improvements. Following completion of
7.23each interim assessment conducted with this
7.24appropriation, the commissioner shall submit
7.25the assessment to the chairs and ranking
7.26minority members of the senate and house
7.27of representatives committees and divisions
7.28with jurisdiction over the environment and
7.29natural resources policy and finance.
7.30(d) $1,250,000 the first year and $1,250,000
7.31the second year are for groundwater
7.32assessment, including enhancing the
7.33ambient monitoring network, modeling, and
7.34evaluating trends, including the reassessment
7.35of groundwater that was assessed ten to 15
7.36years ago and found to be contaminated.
8.1By January 15, 2016, the commissioner
8.2shall submit a report with recommendations
8.3for reducing or preventing groundwater
8.4degradation from contaminants to the chairs
8.5and ranking minority members of the senate
8.6and house of representatives committees and
8.7divisions with jurisdiction over environment
8.8and natural resources policy and finance.
8.9(e) $750,000 the first year and $750,000
8.10the second year are for water quality
8.11improvements in the lower St. Louis River
8.12and Duluth harbor within the St. Louis River
8.13System Area of Concern. This appropriation
8.14must be matched at a rate of 65 percent
8.15nonstate money to 35 percent state money.
8.16(f) $3,000,000 the first year and $3,000,000
8.17the second year are for the clean water
8.18partnership program to provide grants to
8.19protect and improve the lakes, basins, and
8.20watersheds of the state and provide financial
8.21and technical assistance. Priority shall be
8.22given to projects preventing impairments and
8.23degradation of lakes, rivers, streams, and
8.24groundwater in accordance with Minnesota
8.25Statutes, section 114D.20, subdivision 2,
8.26clause (4). Any balance remaining in the first
8.27year does not cancel and is available for the
8.28second year.
8.29(g) $1,150,000 the first year and $1,150,000
8.30the second year are for TMDL research and
8.31database development.
8.32(h) $1,000,000 the first year and $1,000,000
8.33the second year are to initiate development of
8.34a multiagency watershed database reporting
8.35portal. Of this amount, $....... is for transfer
9.1to the Minnesota Geospatial Office for
9.2compiling and distributing surface water and
9.3groundwater quality and quantity data.
9.4(i) $900,000 the first year and $900,000
9.5the second year are for national pollutant
9.6discharge elimination system wastewater and
9.7storm water TMDL implementation efforts.
9.8(j) $3,450,000 the first year and $3,450,000
9.9the second year are for grants to counties
9.10with specific plans to significantly reduce
9.11water pollution by reducing the number of
9.12subsurface sewage treatment systems (SSTS)
9.13that are an imminent threat to public health
9.14or safety or are otherwise failing. Counties
9.15with an ordinance in place that requires
9.16an SSTS to be compliant with existing
9.17standards upon property transfer and as a
9.18condition of obtaining a building permit
9.19shall be given priority for grants under this
9.20paragraph. Of this amount, $750,000 each
9.21year is available to counties for grants to
9.22low-income landowners in riparian areas
9.23to address systems that pose an immediate
9.24threat to public health or safety. A grant
9.25awarded under this paragraph may not
9.26exceed $500,000. A county receiving a grant
9.27under this paragraph must submit a report
9.28to the agency listing the projects funded,
9.29including an account of the expenditures.
9.30(k) $550,000 the first year and $550,000
9.31the second year are for water quality
9.32monitoring in watersheds with participants
9.33in the agricultural water quality certification
9.34program and watersheds targeted by the
9.35Board of Water and Soil Resources in
10.1order to develop baseline surface water
10.2quality information, including water quality
10.3data from areas located downstream from
10.4impacted areas.
10.5(l) $375,000 the first year and $375,000 the
10.6second year are for developing wastewater
10.7treatment system designs and practices
10.8and providing technical assistance. Of
10.9this amount, $145,000 each year is for
10.10transfer to the Board of Regents of the
10.11University of Minnesota to provide ongoing
10.12support for design teams with scientific
10.13and technical expertise pertaining to
10.14wastewater management and treatment
10.15that will include representatives from the
10.16University of Minnesota, Pollution Control
10.17Agency, and municipal wastewater utilities
10.18and other wastewater engineering experts.
10.19The design teams shall promote the use of
10.20new technology, designs, and practices to
10.21address existing and emerging wastewater
10.22treatment challenges, including the treatment
10.23of wastewater for reuse and the emergence
10.24of new and other unregulated contaminants.
10.25This appropriation is available until June 30,
10.262016.
10.27(m) $100,000 the first year and $100,000 the
10.28second year are for grants to the Red River
10.29Watershed Management Board to enhance
10.30and expand the existing water quality and
10.31watershed monitoring river watch activities,
10.32including groundwater, in the schools in
10.33the Red River of the North Watershed. The
10.34Red River Watershed Management Board
10.35shall provide a report to the commissioner
10.36and the chair and ranking minority members
11.1of the senate and house of representatives
11.2committees and divisions with jurisdiction
11.3over environment and natural resources
11.4finance and policy and the clean water fund
11.5by February 15, 2015, on the expenditure of
11.6these funds.
11.7(n) $50,000 the first year is for providing
11.8technical assistance to local units of
11.9government to address the impacts on
11.10water quality from polycyclic aromatic
11.11hydrocarbons resulting from the use of coal
11.12tar products.
11.13(o) $40,000 the first year and $40,000 the
11.14second year are to support activities of the
11.15Clean Water Council according to Minnesota
11.16Statutes, section 114D.30, subdivision 1.
11.17(p) Notwithstanding Minnesota Statutes,
11.18section 16A.28, the appropriations
11.19encumbered on or before June 30, 2015,
11.20as grants or contracts in this section are
11.21available until June 30, 2018.
11.24(a) $2,500,000 the first year and $2,500,000
11.25the second year are for stream flow
11.26monitoring, including the installation of
11.27additional monitoring gauges, and monitoring
11.28necessary to determine the relationship
11.29between stream flow and groundwater.
11.30(b) $1,300,000 the first year and $1,300,000
11.31the second year are for lake Index of
11.32Biological Integrity (IBI) assessments.
11.33(c) $135,000 the first year and $135,000
11.34the second year are for assessing mercury
12.1contamination of fish, including monitoring
12.2to track the status of waters impaired by
12.3mercury and mercury reduction efforts over
12.4time.
12.5(d) $1,850,000 the first year and $1,850,000
12.6the second year are for developing targeted,
12.7science-based watershed restoration and
12.8protection strategies, including regional
12.9technical assistance for TMDL plans and
12.10development of a watershed assessment tool,
12.11in cooperation with the commissioner of the
12.12Pollution Control Agency. By January 15,
12.132016, the commissioner shall submit a report
12.14to the chairs and ranking minority members
12.15of the senate and house of representatives
12.16committees and divisions with jurisdiction
12.17over environment and natural resources
12.18policy and finance providing the outcomes
12.19to lakes, rivers, streams, and groundwater
12.20achieved with this appropriation and
12.21recommendations.
12.22(e) $1,500,000 the first year and $1,500,000
12.23the second year are for water supply planning,
12.24aquifer protection, and monitoring activities.
12.25(f) $1,000,000 the first year and $1,000,000
12.26the second year are for technical assistance
12.27to support local implementation of nonpoint
12.28source restoration and protection activities,
12.29including water quality protection in forested
12.30watersheds.
12.31(g) $675,000 the first year and $675,000
12.32the second year are for applied research
12.33and tools, including watershed hydrologic
12.34modeling; maintaining and updating spatial
12.35data for watershed boundaries, streams, and
13.1water bodies and integrating high-resolution
13.2digital elevation data; assessing effectiveness
13.3of forestry best management practices for
13.4water quality; and developing an ecological
13.5monitoring database.
13.6(h) $615,000 the first year and $615,000
13.7the second year are for developing county
13.8geologic atlases.
13.9(i) $85,000 the first year is to develop design
13.10standards and best management practices
13.11for public water access sites to maintain and
13.12improve water quality by avoiding shoreline
13.13erosion and runoff.
13.14(j) $3,500,000 the first year and $3,500,000
13.15the second year are for beginning to develop
13.16and designate groundwater management
13.17areas under Minnesota Statutes, section
13.18103G.287, subdivision 4. The commissioner,
13.19in consultation with the commissioners
13.20of the Pollution Control Agency, health,
13.21and agriculture, shall establish a uniform
13.22statewide hydrogeologic mapping system
13.23that will include designated groundwater
13.24management areas. The mapping system
13.25must include wellhead protection areas,
13.26special well construction areas, groundwater
13.27provinces, groundwater recharge areas, and
13.28other designated or geographical areas related
13.29to groundwater. This mapping system shall
13.30be used to implement all groundwater-related
13.31laws and for reporting and evaluations. This
13.32appropriation is available until June 30, 2017.
13.33(k) $1,100,000 the first year and $1,000,000
13.34the second year are for grants to counties
13.35and other local units of government that
14.1have adopted advanced shoreland protection
14.2measures. The grants awarded under this
14.3paragraph shall be for $100,000 and must be
14.4used to restore and enhance riparian areas to
14.5protect, enhance, and restore water quality in
14.6lakes, rivers, and streams. Grant recipients
14.7must submit a report to the commissioner on
14.8the outcomes achieved with the grant. To
14.9be eligible for a grant under this paragraph,
14.10a county or other local unit of government
14.11must have adopted an ordinance for the
14.12subdivision, use, redevelopment, and
14.13development of shoreland that has been
14.14certified by the commissioner of natural
14.15resources as having advanced shoreland
14.16protection measures. The commissioner
14.17shall only certify an ordinance that meets or
14.18exceeds the following standards:
14.19(1) requires new sewage treatment systems
14.20to be set back at least 100 feet from the
14.21ordinary high water level for recreational
14.22development shorelands and 75 feet for
14.23general development lake shorelands;
14.24(2) requires redevelopment and new
14.25development on shoreland to have at least
14.26a 50-foot vegetative buffer. An access path
14.27and recreational use area may be allowed;
14.28(3) requires mitigation when any variance to
14.29standards designed to protect lakes, rivers,
14.30and streams is granted;
14.31(4) requires best management practices to
14.32be used to control storm water and sediment
14.33when 3,000 or more square feet are disturbed
14.34as part of a land alteration;
15.1(5) includes other criteria developed by the
15.2commissioner; and
15.3(6) has been adopted by July 1, 2015.
15.4The commissioner may certify an ordinance
15.5that does not exceed all the standards in
15.6clauses (1) to (5) if the commissioner
15.7determines that the ordinance provides
15.8significantly greater protection for both
15.9waters and shoreland than those standards.
15.10The commissioner of natural resources
15.11may develop additional criteria for the
15.12grants awarded under this paragraph. In
15.13developing the criteria, the commissioner
15.14shall consider the proposed changes to
15.15the department's shoreland rules discussed
15.16during the rulemaking process authorized
15.17under Laws 2007, chapter 57, article 1,
15.18section 4, subdivision 3. This appropriation
15.19is available until spent.
15.20(l) $100,000 the first year is for preparing and
15.21hosting groundwater management workshops
15.22to provide an update on scientific, technical,
15.23and other information regarding groundwater
15.24sustainability, use, and best management
15.25practices to groundwater management
15.26professionals and mayors or their designees
15.27in greater Minnesota.
15.28(m) $100,000 the first year is for preparing
15.29and hosting, in consultation with the
15.30Metropolitan Council, groundwater
15.31management workshops to provide an update
15.32on scientific, technical, and other information
15.33regarding groundwater sustainability,
15.34use, and best management practices to
15.35groundwater management professionals and
16.1mayors or their designees in the metropolitan
16.2area.
16.3(n) $25,000 the first year is to the
16.4commissioner of natural resources to
16.5evaluate the water quality impacts of hard
16.6rock aggregate mining on the headwaters
16.7of the Minnesota River. The commissioner
16.8must report to the chairs and ranking minority
16.9members of the legislative committees with
16.10jurisdiction over natural resources and local
16.11government by February 15, 2014. Until
16.12the commissioner reports to the legislature
16.13the results of the commissioner's evaluation,
16.14no new hard rock aggregate mining permit
16.15may be issued for mining activity near the
16.16headwaters of the Minnesota River. This
16.17paragraph is effective the day following final
16.18enactment.
16.21(a) $5,000,000 the first year and $5,000,000
16.22the second year are for grants to soil and water
16.23conservation districts, watershed districts,
16.24watershed management organizations, and
16.25other joint powers organizations organized
16.26for the management of water in a watershed
16.27or subwatershed that have multiyear plans
16.28that will result in a significant reduction in
16.29water pollution in a selected subwatershed.
16.30The grants may be used for the following
16.31purposes: establishment of riparian buffers;
16.32practices to store water for natural treatment
16.33and infiltration, including rain gardens;
16.34capturing storm water for reuse; stream
16.35bank, shoreland, and ravine stabilization;
17.1enforcement activities; and implementation
17.2of best management practices for feedlots
17.3within riparian areas and other practices
17.4demonstrated to be most effective in
17.5protecting, enhancing, and restoring water
17.6quality in lakes, rivers, and streams and
17.7protecting groundwater from degradation.
17.8Grant recipients must provide a nonstate
17.9cash match of at least 25 percent of the
17.10total eligible project costs. Grant recipients
17.11may use other legacy funds to supplement
17.12projects funded under this paragraph. Prairie
17.13restorations conducted with funds awarded
17.14under this paragraph must include a diversity
17.15of species, including species selected to
17.16provide habitat for pollinators throughout the
17.17growing season, and protect existing native
17.18prairies from genetic contamination. Grants
17.19awarded under this paragraph are available
17.20for four years and priority shall be given
17.21to the three to six best designed plans each
17.22year. By January 15, 2016, the board shall
17.23submit an interim report on the outcomes
17.24achieved with this appropriation, including
17.25recommendations, to the chairs and ranking
17.26minority members of the senate and house
17.27of representatives committees and divisions
17.28with jurisdiction over environment and
17.29natural resources policy and finance. This
17.30appropriation is available until June 30, 2018.
17.31(b) $2,853,000 the first year and $4,675,000
17.32the second year are for grants for the
17.33following purposes: establishment of
17.34riparian buffers; practices to store water for
17.35natural treatment and infiltration, including
17.36rain gardens; capturing storm water for
18.1reuse; stream bank, shoreland, and ravine
18.2stabilization; enforcement activities; and
18.3implementation of best management practices
18.4for feedlots within riparian areas and other
18.5practices demonstrated to be most effective
18.6in protecting, enhancing, and restoring water
18.7quality in lakes, rivers, and streams and
18.8protecting groundwater from degradation.
18.9(c) $4,000,000 the first year and $4,000,000
18.10the second year are for targeted local
18.11resource protection and enhancement grants
18.12for projects and practices that exceed
18.13current state standards for protection,
18.14enhancement, and restoration of water
18.15quality in lakes, rivers, and streams or that
18.16protect groundwater from degradation.
18.17(d) $900,000 the first year and $900,000 the
18.18second year are to provide state oversight
18.19and accountability, evaluate results, and
18.20measure the value of conservation program
18.21implementation by local governments,
18.22including submission to the legislature
18.23by March 1 each year an annual report
18.24prepared by the board, in consultation with
18.25the commissioners of natural resources,
18.26health, agriculture, and the Pollution Control
18.27Agency, detailing the recipients, projects
18.28funded under this section, and the amount of
18.29pollution reduced.
18.30(e) $1,700,000 the first year and $1,700,000
18.31the second year are for grants to local units
18.32of government to ensure compliance with
18.33Minnesota Statutes, chapter 103E, and
18.34sections 103F.401 to 103F.455, including
18.35enforcement efforts. Of this amount,
19.1$235,000 the first year is to update the
19.2Minnesota Public Drainage Manual and the
19.3Minnesota Public Drainage Law Overview
19.4for Decision Makers and to provide outreach
19.5to users.
19.6(f) $6,500,000 the first year and $6,500,000
19.7the second year are to purchase and restore
19.8permanent conservation easements on
19.9riparian buffers adjacent to lakes, rivers,
19.10streams, and tributaries with a high risk of
19.11becoming impaired or that are currently
19.12impaired, to keep water on the land in order
19.13to decrease sediment, pollutant, and nutrient
19.14transport; reduce hydrologic impacts to
19.15surface waters; and increase infiltration for
19.16groundwater recharge. This appropriation
19.17may be used for restoration of riparian
19.18buffers protected by easements purchased
19.19with this appropriation and for stream bank
19.20restorations when the riparian buffers have
19.21been restored. Prairie restorations conducted
19.22with funds awarded under this paragraph
19.23must include a diversity of species, including
19.24species selected to provide habitat for
19.25pollinators throughout the growing season,
19.26and protect existing native prairies from
19.27genetic contamination.
19.28(g) $1,400,000 the first year and $1,400,000
19.29the second year are for permanent
19.30conservation easements on wellhead
19.31protection areas under Minnesota Statutes,
19.32section 103F.515, subdivision 2, paragraph
19.33(d). Priority must be placed on land that
19.34is located where the vulnerability of the
19.35drinking water supply is designated as high
19.36or very high by the commissioner of health.
20.1(h) $175,000 the first year and $175,000 the
20.2second year are for a technical evaluation
20.3panel to conduct at least 20 restoration
20.4evaluations under Minnesota Statutes,
20.5section 114D.50, subdivision 6.
20.6(i) $120,000 the first year and $120,000
20.7the second year are for grants to Area
20.8II Minnesota River Basin projects for
20.9floodplain management.
20.10(j) The board shall contract for services
20.11with Conservation Corps Minnesota for
20.12restoration, maintenance, and other activities
20.13under this section for $500,000 the first year
20.14and $500,000 the second year.
20.15(k) The board may adjust the technical and
20.16administrative assistance portion of the funds
20.17to leverage federal or other nonstate funds
20.18or to address oversight responsibilities or
20.19high-priority needs identified in local water
20.20management plans.
20.21(l) The board shall require grantees to specify
20.22the outcomes that will be achieved by the
20.23grants prior to any grant awards and the
20.24board shall track the cumulative impacts
20.25and include those impacts in reports on the
20.26expenditure of clean water funds submitted
20.27to the legislature.
20.28(m) The appropriations in this section are
20.29available until June 30, 2018. Returned grant
20.30funds are available until expended and shall
20.31be regranted consistent with the purposes of
20.32this section.
21.1(a) $1,300,000 the first year and $1,300,000
21.2the second year are for addressing public
21.3health concerns related to contaminants
21.4found in Minnesota drinking water for
21.5which no health-based drinking water
21.6standards exist, including accelerating the
21.7development of health risk limits, including
21.8triclosan, and improving the capacity of
21.9the department's laboratory to analyze
21.10unregulated contaminants.
21.11(b) $1,615,000 the first year and $1,615,000
21.12the second year are for protection of
21.13groundwater and surface water drinking
21.14water sources, including protection from
21.15viruses.
21.16(c) $250,000 the first year and $250,000 the
21.17second year are for cost share assistance to
21.18public and private well owners for up to 50
21.19percent of the cost of sealing unused wells.
21.20(d) $390,000 the first year and $390,000 the
21.21second year are to update and expand the
21.22County Well Index, in cooperation with the
21.23commissioner of natural resources.
21.24(e) $325,000 the first year and $325,000 the
21.25second year are for studying the occurrence
21.26and magnitude of contaminants in private
21.27wells and developing guidance to ensure
21.28that new well placement minimizes the
21.29potential for risks, in cooperation with the
21.30commissioner of agriculture.
21.31(f) $105,000 the first year and $105,000 the
21.32second year are for monitoring recreational
21.33beaches on Lake Superior for pollutants that
21.34may pose a public health risk and mitigating
22.1sources of bacterial contamination that are
22.2identified.
22.3(g) $980,000 the first year and $980,000 the
22.4second year are for a biomonitoring program
22.5that will focus on children and disadvantaged
22.6communities to provide data on disparities
22.7in pollutant exposure and other measures
22.8necessary to assist with water quality
22.9management and protection decision making.
22.10(h) $1,233,000 the first year and $1,233,000
22.11the second year are for the development
22.12and implementation of a groundwater
22.13virus monitoring plan, including an
22.14epidemiological study to determine the
22.15association between groundwater virus
22.16concentration and community illness rates.
22.17This appropriation is available until June 30,
22.182017.
22.19(i) Unless otherwise specified, the
22.20appropriations in this section are available
22.21until June 30, 2016.
22.23(a) $250,000 the first year and $250,000 the
22.24second year are for grants or loans for local
22.25inflow and infiltration reduction programs
22.26addressing high priority areas in the
22.27metropolitan area, as defined in Minnesota
22.28Statutes, section 473.121, subdivision 2. This
22.29appropriation is available until expended.
22.30(b) $500,000 the first year is for an agreement
22.31with the United States Geological Survey to
22.32investigate groundwater and surface water
22.33interaction in and around White Bear Lake
22.34and surrounding northeast metropolitan
23.1lakes, including seepage rate determinations,
23.2water quality of groundwater and surface
23.3water, isotope analyses, lake level analyses,
23.4water balance determination, and creation
23.5of a calibrated groundwater flow model.
23.6The council shall use the results to prepare
23.7guidance for other areas to use in addressing
23.8groundwater and surface water interaction
23.9issues. This is a onetime appropriation and is
23.10available until June 30, 2016.
23.11(c) $1,250,000 the first year and $1,250,000
23.12the second year are for metropolitan regional
23.13groundwater planning to achieve water
23.14supply reliability and sustainability, including
23.15determination of a sustainable regional
23.16balance of surface water and groundwater, a
23.17feasibility assessment of potential solutions
23.18to rebalance regional water use and identify
23.19potential solutions to address emerging
23.20subregional water supply issues such as the
23.21northeast metro, and development of an
23.22implementation plan that addresses regional
23.23targets and timelines and defines short- and
23.24medium-term milestones for achieving the
23.25desirable surface water and groundwater
23.26regional balance. By January 15, 2014, the
23.27commissioner shall submit an interim report
23.28on the expenditure of this appropriation to
23.29the chairs and ranking minority members
23.30of the house of representatives and senate
23.31committees and divisions with jurisdiction
23.32over environment and natural resources
23.33finance and policy and the clean water fund.
24.1$615,000 the first year and $615,000 the
24.2second year are for developing county
24.3geologic atlases. This appropriation is
24.4available until June 30, 2018.
24.6$14,000 the first year and $14,000 the second
24.7year are for the Legislative Coordinating
24.8Commission for the Web site required
24.9in Minnesota Statutes, section 3.303,
24.10subdivision 10, including detailed mapping.
24.11 Sec. 12. [17.9891] PURPOSE.
24.12The commissioner, in consultation with the commissioner of natural resources,
24.13commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
24.14may implement a Minnesota agricultural water quality certification program whereby a
24.15producer who demonstrates practices and management sufficient to protect water quality
24.16is certified for up to ten years and presumed to be contributing the producer's share of
24.17any targeted reduction of water pollutants during the certification period. The program
24.18is voluntary. The program will first be piloted in selected watersheds across the state,
24.19until such time as the commissioner, in consultation with the commissioner of natural
24.20resources, commissioner of the Pollution Control Agency, and Board of Water and Soil
24.21Resources, determines the program is ready for expansion.
24.22 Sec. 13. [17.9892] DEFINITIONS.
24.23 Subdivision 1. Application. The definitions in this section apply to sections
24.2417.9891 to 17.993.
24.25 Subd. 2. Technical assistance. "Technical assistance" means professional, advisory,
24.26or cost share assistance provided to individuals in order to achieve certification.
24.27 Subd. 3. Certifying agent. "Certifying agent" means a person who is authorized
24.28by the commissioner to assess producers to determine whether a producer satisfies the
24.29standards of the program.
24.30 Subd. 4. Certification. "Certification" means a producer has demonstrated
24.31compliance with all applicable environmental rules and statutes for all of the producer's
24.32owned and rented agricultural land and has achieved a satisfactory score through the
24.33certification instrument as verified by a certifying agent.
25.1 Subd. 5. Eligible land. "Eligible land" means all acres of a producer's agricultural
25.2operation, whether contiguous or not, that are under the effective control of the producer
25.3at the time the producer enters into the program and that the producer operates with
25.4equipment, labor, and management.
25.5 Subd. 6. Effective control. "Effective control" means possession of land by
25.6ownership, written lease, or other legal agreement and authority to act as decision
25.7maker for the day-to-day management of the operation at the time the producer achieves
25.8certification and for the required certification period.
25.9 Subd. 7. Program. "Program" means the Minnesota agricultural water quality
25.10certification program.
25.11 Sec. 14. [17.9893] CERTIFICATION INSTRUMENT.
25.12The commissioner, in consultation with the commissioner of natural resources,
25.13commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
25.14shall develop an analytical instrument to assess the water quality practices and
25.15management of agricultural operations. This instrument shall be used to certify that the
25.16water quality practices and management of an agricultural operation are consistent with
25.17state water quality goals and standards. The commissioner shall define a satisfactory score
25.18for certification purposes. The certification instrument tool shall:
25.19(1) integrate applicable existing regulatory requirements;
25.20(2) utilize technology and prioritize ease of use;
25.21(3) utilize a water quality index or score applicable to the landscape;
25.22(4) incorporate a process for updates and revisions as practices, management, and
25.23technology changes become established and approved; and
25.24(5) comprehensively address water quality impacts.
25.25 Sec. 15. [17.9894] CERTIFYING AGENT LICENSE.
25.26 Subdivision 1. License. A person who offers certification services to producers
25.27as part of the program must satisfy all criteria in subdivision 2 and be licensed by
25.28the commissioner. A certifying agent is ineligible to provide certification services
25.29to any producer to whom the certifying agent has also provided technical assistance.
25.30Notwithstanding section 16A.1283, the commissioner may set license fees.
25.31 Subd. 2. Certifying agent requirements. In order to be licensed as a certifying
25.32agent, a person must:
26.1(1) be an agricultural conservation professional employed by the state of Minnesota,
26.2a soil and water conservation district, or the Natural Resources Conservation Service or a
26.3Minnesota certified crop advisor as recognized by the American Society of Agronomy;
26.4(2) have passed a comprehensive exam, as set by the commissioner, evaluating
26.5knowledge of water quality, soil health, best farm management techniques, and the
26.6certification instrument; and
26.7(3) maintain continuing education requirements as set by the commissioner.
26.8 Sec. 16. [17.9895] DUTIES OF A CERTIFYING AGENT.
26.9 Subdivision 1. Duties. A certifying agent shall conduct a formal certification
26.10assessment utilizing the certification instrument to determine whether a producer meets
26.11program criteria. If a producer satisfies all requirements, the certifying agent shall notify
26.12the commissioner of the producer's eligibility and request that the commissioner issue a
26.13certificate. All records and documents used in the assessment shall be compiled by the
26.14certifying agent and submitted to the commissioner.
26.15 Subd. 2. Violations. (a) In the event a certifying agent violates any provision of
26.16sections 17.9891 to 17.993 or an order of the commissioner, the commissioner may issue a
26.17written warning or a correction order and may suspend or revoke a license.
26.18(b) If the commissioner suspends or revokes a license, the certifying agent has ten
26.19days from the date of suspension or revocation to appeal. If a certifying agent appeals, the
26.20commissioner shall hold an administrative hearing within 30 days of the suspension or
26.21revocation of the license, or longer by agreement of the parties, to determine whether the
26.22license is revoked or suspended. The commissioner shall issue an opinion within 30 days.
26.23If a person notifies the commissioner that the person intends to contest the commissioner's
26.24opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with
26.25the applicable provisions of chapter 14 for hearings in contested cases.
26.26 Sec. 17. [17.9896] CERTIFICATION PROCEDURES.
26.27 Subdivision 1. Producer duties. A producer who seeks certification of eligible land
26.28shall conduct an initial assessment using the certification instrument, obtain technical
26.29assistance if necessary to achieve a satisfactory score on the certification instrument, and
26.30apply for certification from a licensed certifying agent.
26.31 Subd. 2. Additional land. Once certified, if a producer obtains effective control
26.32of additional agricultural land, the producer must notify a certifying agent and obtain
26.33certification of the additional land within one year in order to retain the producer's original
26.34certification.
27.1 Subd. 3. Violations. (a) The commissioner may revoke a certification if the
27.2producer fails to obtain certification on any additional land for which the producer obtains
27.3effective control.
27.4(b) The commissioner may revoke a certification and seek reimbursement of any
27.5monetary benefit a producer may have received due to certification from a producer who
27.6fails to maintain certification criteria.
27.7(c) If the commissioner revokes a certification, the producer has ten days from the
27.8date of suspension or revocation to appeal. If a producer appeals, the commissioner shall
27.9hold an administrative hearing within 30 days of the suspension or revocation of the
27.10certification, or longer by agreement of the parties, to determine whether the certification
27.11is revoked or suspended. The commissioner shall issue an opinion within 30 days. If the
27.12producer notifies the commissioner that the producer intends to contest the commissioner's
27.13opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with
27.14the applicable provisions of chapter 14 for hearings in contested cases.
27.15 Sec. 18. [17.9897] CERTIFICATION CERTAINTY.
27.16(a) Once a producer is certified, the producer:
27.17(1) retains certification for up to ten years from the date of certification if the
27.18producer complies with the certification agreement, even if the producer does not comply
27.19with new state water protection laws or rules that take effect during the certification period;
27.20(2) is presumed to be meeting the producer's contribution to any targeted reduction
27.21of pollutants during the certification period;
27.22(3) is required to continue implementation of practices that maintain the producer's
27.23certification; and
27.24(4) is required to retain all records pertaining to certification.
27.25(b) Paragraph (a) does not preclude enforcement of a local ordinance or rule by a
27.26local unit of government.
27.27 Sec. 19. [17.9898] AUDITS.
27.28The commissioner shall perform random audits of producers and certifying agents to
27.29ensure compliance with the program. All producers and certifying agents shall cooperate
27.30with the commissioner during these audits and provide all relevant documents to the
27.31commissioner for inspection and copying. Any delay, obstruction, or refusal to cooperate
27.32with the commissioner's audit or falsification of or failure to provide required data or
27.33information is a violation subject to the provisions of section 17.9895, subdivision 2, or
27.3417.9896, subdivision 3.
28.1 Sec. 20. [17.9899] DATA.
28.2All data collected under the program that identifies a producer or a producer's
28.3location are considered nonpublic data as defined in section 13.02, subdivision 9, or
28.4private data on individuals as defined in section 13.02, subdivision 12. The commissioner
28.5shall make available summary data of program outcomes on data classified as private
28.6or nonpublic under this section.
28.7 Sec. 21. [17.991] RULEMAKING.
28.8The commissioner may adopt rules to implement the program.
28.9 Sec. 22. [17.992] REPORTS.
28.10The commissioner, in consultation with the commissioner of natural resources,
28.11commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
28.12shall issue a biennial report to the chairs and ranking minority members of the legislative
28.13committees with jurisdiction over agricultural policy on the status of the program.
28.14 Sec. 23. [17.993] FINANCIAL ASSISTANCE.
28.15The commissioner may use contributions from gifts or other state accounts, provided
28.16that the purpose of the expenditure is consistent with the purpose of the accounts, for
28.17grants, loans, or other financial assistance.
28.18 Sec. 24. Minnesota Statutes 2012, section 114D.50, subdivision 6, is amended to read:
28.19 Subd. 6. Restoration evaluations. The Board of Water and Soil Resources may
28.20convene a technical evaluation panel comprised of five members, including one technical
28.21representative from the Board of Water and Soil Resources, one technical representative
28.22from the Department of Natural Resources, one technical expert from the University of
28.23Minnesota or the Minnesota State Colleges and Universities, and two representatives
28.24with expertise related to the project being evaluated. The board may add a technical
28.25representative from a unit of federal or local government. The members of the technical
28.26evaluation panel may not be associated with the restoration, may vary depending upon the
28.27projects being reviewed, and shall avoid any potential conflicts of interest. Each year, the
28.28board may assign a coordinator to identify a sample ofup to ten habitat restoration projects
28.29completed with clean water funding. The coordinator shall secure the restoration plans for
28.30the projects specified and direct the technical evaluation panel to evaluate the restorations
28.31relative to the law, current science, and the stated goals and standards in the restoration
28.32plan and, when applicable, to the Board of Water and Soil Resources' native vegetation
29.1establishment and enhancement guidelines. The coordinator shall summarize the findings
29.2of the panel and provide a report to the chairs of the respective house of representatives
29.3and senate policy and finance committees with jurisdiction over natural resources and
29.4spending from the clean water fund. The report shall determine if the restorations are
29.5meeting planned goals, any problems with the implementation of restorations, and, if
29.6necessary, recommendations on improving restorations. The report shall be focused on
29.7improving future restorations. Up to one-tenth of one percent of forecasted receipts from
29.8the clean water fund may be used for restoration evaluations under this section.
29.9 Sec. 25. PUBLIC WATER ACCESS SITE DESIGN AND BEST MANAGEMENT
29.10PRACTICES.
29.11Beginning March 1, 2014, the commissioner of natural resources shall utilize the
29.12applicable design standards and best management practices developed under this article
29.13when designing and constructing new public water access sites and renovating existing
29.14sites. The commissioner shall make the design standards and best management practices
29.15developed under this article available on the Department of Natural Resources Web site
29.16and notify local units of government of the standards and practices.
29.20The sums shown in the columns marked "Appropriations" are appropriated to the
29.21agencies and for the purposes specified in this article. The appropriations are from the
29.22parks and trails fund and are available for the fiscal years indicated for each purpose. The
29.23figures "2014" and "2015" used in this article mean that the appropriations listed under
29.24them are available for the fiscal year ending June 30, 2014, or June 30, 2015, respectively.
29.25"The first year" is fiscal year 2014. "The second year" is fiscal year 2015. "The biennium"
29.26is fiscal years 2014 and 2015. All appropriations in this article are onetime.
30.1The amounts that may be spent for each
30.2purpose are specified in the following
30.3sections.
30.5Money appropriated in this article may not
30.6be spent on activities unless they are directly
30.7related to and necessary for a specific
30.8appropriation and the recipient retains
30.9documentation sufficient to justify the use of
30.10the funds. Money appropriated in this article
30.11must be spent in accordance with Minnesota
30.12Management and Budget's Guidance to
30.13Agencies on Legacy Fund Expenditure.
30.14Notwithstanding Minnesota Statutes, section
30.1516A.28, and unless otherwise specified in
30.16this article, fiscal year 2014 appropriations
30.17are available until June 30, 2015, and fiscal
30.18year 2015 appropriations are available until
30.19June 30, 2016. If a project receives federal
30.20funds, the time period of the appropriation is
30.21extended to equal the availability of federal
30.22funding.
30.25(a) $7,975,000 the first year and $5,695,000
30.26the second year are for state parks and trails
30.27projects. Of this amount:
30.28(1) $400,000 is for the Rat River Bridge on
30.29the Arrowhead State Trail;
30.30(2) $250,000 is for the Brown's Creek
30.31State Trail, including interpretive signs,
30.32invasive species control, and regional trail
30.33connections;
31.1(3) $300,000 is for a segment of the Central
31.2Lakes State Trail from Fergus Falls to
31.3Ashby/Lake Christina;
31.4(4) $500,000 is for the Hadley Bridge on the
31.5Gateway State Trail;
31.6(5) $750,000 is for a segment of the
31.7Gitchi-Gami State Trail from Beaver Bay to
31.8West Road;
31.9(6) $850,000 is for the Steamboat Loop on
31.10the Heartland State Trail;
31.11(7) $750,000 is for the Steamboat River
31.12Bridge on the Heartland State Trail;
31.13(8) $400,000 is for the Fish Hook River Red
31.14Bridge in Park Rapids on the Heartland State
31.15Trail;
31.16(9) $20,000 is for a trail in Itasca State Park;
31.17(10) $200,000 is for a trail from Park Rapids
31.18to Itasca State Park;
31.19(11) $300,000 is for acquisition of a trail
31.20segment from Faribault to Dundas for the
31.21Mill Towns State Trail;
31.22(12) $800,000 is for a bridge building over
31.23the Cannon River in Faribault for the Mills
31.24Town State Trail;
31.25(13) $300,000 is for a segment of the
31.26Minnesota Valley State Trail from Shakopee
31.27Memorial Park to Bloomington Ferry Bridge;
31.28(14) $2,500,000 is for a segment of
31.29the Minnesota Valley State Trail from
31.30Bloomington Ferry Bridge to Fort Snelling
31.31State Park;
32.1(15) $300,000 is for the Moose Horn River
32.2Bridge No. 1 on the Willard Munger State
32.3Trail;
32.4(16) $75,000 is for the Paul Bunyan State
32.5Trail near Clausen Avenue;
32.6(17) $500,000 is for a segment of the Paul
32.7Bunyan State Trail from Crow Wing State
32.8Park;
32.9(18) $75,000 is for interpretive signs on the
32.10Root River State Trail;
32.11(19) $1,750,000 is for a segment of the Root
32.12River State Trail from Whalen to Rushford;
32.13(20) $2,250,000 is for a segment of the
32.14Sakatah Singing Hills State Trail from
32.15Waterville to Mankato; and
32.16(21) $400,000 is for a segment of the
32.17Shooting Star State Trail from Rose Creek
32.18to Austin.
32.19(b) $1,549,000 the first year and $1,549,000
32.20the second year are for education and
32.21interpretive services at state parks, recreation
32.22areas, and trails.
32.23(c) $643,000 the first year and $643,000
32.24the second year are for outreach, including
32.25enhanced, integrated, and accessible
32.26Web-based information for park and trail
32.27users; joint marketing and promotional
32.28efforts for all parks and trails of regional
32.29or statewide significance; and support of
32.30activities of a parks and trails legacy advisory
32.31committee.
32.32(d) $1,500,000 the first year is for acquisition
32.33of land for Lake Bronson State Park, Sibley
32.34State Park, and Minneopa State Park.
33.1(e) $1,000,000 the first year and $2,140,000
33.2the second year are for improvements at state
33.3parks and state recreation areas, including a
33.4new visitor center at Tettegouche State Park,
33.5renewable energy improvements, and new
33.6camper cabins.
33.7(f) $720,000 the second year is for
33.8campground upgrades at Whitewater State
33.9Park.
33.10(g) $1,933,000 the first year and $3,934,000
33.11the second year are for improvements at state
33.12parks and state recreation areas, including
33.13conversion of facilities to rental facilities,
33.14replacement of vault toilets and fishing
33.15piers, renewable energy improvements, and
33.16accessibility improvements.
33.17(h) $829,000 the first year and $830,000
33.18the second year are for restoration and
33.19enhancement activities at state parks and state
33.20recreation areas, including invasive species
33.21management on approximately 13,800 acres,
33.22native plant restorations on approximately
33.231,800 acres, and implementation of best
33.24management practices at approximately 50
33.25public water access sites.
33.26(i) $4,925,000 the first year and $4,938,000
33.27the second year are for grants under
33.28Minnesota Statutes, section 85.535, to
33.29acquire, develop, improve, and restore
33.30parks and trails of regional or statewide
33.31significance outside of the metropolitan area,
33.32as defined in Minnesota Statutes, section
33.33473.121, subdivision 2. Up to 2.5 percent
33.34of the total appropriation may be used for
33.35administering the grants.
34.1(j) $3,497,000 the first year and $3,338,000
34.2the second year are for grants for parks and
34.3trails of regional or statewide significance
34.4outside of the metropolitan area. Of this
34.5amount:
34.6(1) $1,338,000 is for development of
34.7the Swedish Immigrant Trail, including
34.8amenities in Taylors Falls connecting the
34.9trail to Interstate State Park;
34.10(2) $75,000 is for rehabilitation of Sunrise
34.11Prairie Trail;
34.12(3) $500,000 is for construction of the Lowell
34.13to Lakewalk Trail in Duluth;
34.14(4) $250,000 is for the Mesabi Trail;
34.15(5) $920,000 is for extensions and
34.16connections to the Rocori Trail;
34.17(6) $1,000,000 is for extensions and
34.18connections to the Lake Wobegon Trail;
34.19(7) $100,000 is for the Beaver Bay Trail,
34.20including trailhead amenities;
34.21(8) $468,000 is for extension of the Dakota
34.22Rail Trail to Lester Prairie;
34.23(9) $1,000,000 is for the Red Wing
34.24Riverfront;
34.25(10) $184,000 is for trail connections and
34.26camping facilities in Aitkin County for
34.27the Mississippi River parks and water trail
34.28project; and
34.29(11) $1,000,000 is for trail enhancement,
34.30land acquisition, and other improvements at
34.31Sauk River Regional Park.
34.32(k) The commissioner shall contract for
34.33services with Conservation Corps Minnesota
35.1for restoration, maintenance, and other
35.2activities under this section for at least
35.3$2,000,000 the first year and $2,000,000 the
35.4second year. A recipient of a grant awarded
35.5under this section must give consideration
35.6to and make timely written contact with
35.7Conservation Corps Minnesota for possible
35.8use of the corps' services to contract for
35.9restoration and enhancement services. For
35.10projects with the potential to need historic
35.11preservation services, the commissioner or
35.12a recipient of a grant awarded under this
35.13section must give consideration to and make
35.14timely written contact with the Northern
35.15Bedrock Conservation Corps for possible use
35.16of the corps' services.
35.18(a) $17,755,000 the first year and $18,088,000
35.19the second year are for parks and trails of
35.20regional or statewide significance in the
35.21metropolitan area, distributed according to
35.22paragraphs (b) to (k).
35.23(b) $1,490,000 the first year and $1,541,000
35.24the second year are for grants to Anoka
35.25County for:
35.26(1) a trail connection for Bunker Hills
35.27Regional Park from Avocet Street;
35.28(2) restoration, including erosion repair,
35.29along Pleasure Creek and the Mississippi
35.30River Regional Trail at the Coon Rapids
35.31Dam Regional Park;
35.32(3) a new playground and surfacing at Lake
35.33George Regional Park;
36.1(4) land acquisition for the Rice Creek Chain
36.2of Lakes Park Reserve;
36.3(5) improvements at Rice Creek Chain of
36.4Lakes Park Reserve, including maintenance
36.5shop rehabilitation, road and parking
36.6construction, fencing, beach improvements,
36.7and roof repairs;
36.8(6) trail reconstruction under East River
36.9Road on the Rice Creek Chain of Lakes Park
36.10Reserve;
36.11(7) contracts with Conservation Corps
36.12Minnesota;
36.13(8) a volunteer or resource coordinator
36.14position;
36.15(9) a landscape designer or architect;
36.16(10) design, engineering, and construction of
36.17the Central Anoka County Regional Trail;
36.18(11) road rehabilitation at Lake George
36.19Regional Park;
36.20(12) reconstruction of a retaining wall on the
36.21Mississippi River Regional Trail;
36.22(13) a trail connection on the Mississippi
36.23River Regional Trail to connect Mississippi
36.24West Regional Park to the city of Ramsey;
36.25(14) improvements of the Heritage
36.26Laboratory/Day Camp at the Rice Creek
36.27Chain of Lakes Park Reserve; and
36.28(15) trail reconstruction on the Rice Creek
36.29North Regional Trail from Lexington Avenue
36.30to Golden Lake Elementary School.
36.31(c) $273,000 the first year and $283,000
36.32the second year are for grants to the city of
37.1Bloomington to reconstruct parking lots at the
37.2Hyland-Bush-Anderson Lakes Park Reserve.
37.3(d) $347,000 the first year and $361,000 the
37.4second year are for grants to Carver County
37.5to connect the Minnesota River Bluffs
37.6Regional Trail and Southwest Regional Trail
37.7and for trail and bridge construction on the
37.8Minnesota River Bluff Regional Trail.
37.9(e) $1,235,000 the first year and $1,277,000
37.10the second year are for grants to Dakota
37.11County for:
37.12(1) engineering to extend the Mississippi
37.13River Regional Trail and Big Rivers Regional
37.14Trails, including extensions to St. Paul, and
37.15to provide a connection to Lilydale Regional
37.16Trail;
37.17(2) a trail connection for the Mississippi
37.18River Regional Trail to connect St. Paul and
37.19to construct a bridge over railroad tracks;
37.20(3) engineering and construction of regional
37.21trail segments throughout the county;
37.22(4) engineering and construction of a bridge
37.23and trails through the Minnesota Zoological
37.24Garden on the North Creek Regional
37.25Greenway; and
37.26(5) resource management of the county's
37.27park and trail system.
37.28(f) $5,595,000 the first year and $5,256,000
37.29the second are for grants to the Minneapolis
37.30Park and Recreation Board for:
37.31(1) design and construction of trail loops,
37.32river access areas, landscapes, and storm
37.33water management improvements at Above
37.34the Falls Regional Park;
38.1(2) land acquisition at Above the Falls
38.2Regional Park;
38.3(3) a master plan and trail design for Central
38.4Mississippi Riverfront Regional Park;
38.5(4) design and construction of outdoor
38.6adventure recreational facilities in the
38.7Central Riverfront;
38.8(5) trail, path, and shoreline improvements
38.9and play area rehabilitation at
38.10Nokomis-Hiawatha Regional Park;
38.11(6) trail, shoreline, water access, picnic, sail
38.12boat facility, and concession improvements at
38.13Minneapolis Chain of Lakes Regional Park;
38.14(7) a bird sanctuary, trail stabilization, habitat
38.15restoration, accessibility improvements, and
38.16construction of new entrances at Minneapolis
38.17Chain of Lakes Regional Park; and
38.18(8) a trail connection for the Minnehaha
38.19Parkway Regional Trail below Lyndale
38.20Avenue.
38.21(g) $1,228,000 the first year and $1,523,000
38.22the second year are for grants to Ramsey
38.23County for:
38.24(1) wayfinding for cross-country ski trails
38.25at Battle Creek Regional Park, Tamarack
38.26Nature Center, and Grass-Vadnais-Snail
38.27Lakes Regional Park;
38.28(2) contracts with Conservation Corps
38.29Minnesota;
38.30(3) design and construction of an early
38.31learning center at Tamarack Nature Center
38.32and pedestrian connections, landscape
38.33restoration, signage, and other site amenities
38.34at Bald Eagle-Otter Lakes Regional Park;
39.1(4) improvements to Tamarack Nature
39.2Center;
39.3(5) building and supporting a volunteer corps
39.4for Tamarack Nature Center and Discovery
39.5Hollow;
39.6(6) trail development to connect Tamarack
39.7Nature Center to the Otter Lake boat launch;
39.8(7) a trail on Vadnais Lake, storm water
39.9management improvements, and site
39.10amenities at Grass-Vadnais-Snail Lakes
39.11Regional Park;
39.12(8) trail development and connection, storm
39.13water management improvements, and site
39.14amenities at Rice Creek North Regional
39.15Trail; and
39.16(9) the Bruce Vento Regional Trail.
39.17(h) $2,424,000 the first year and $2,507,000
39.18the second year are for grants to the city of
39.19Saint Paul for:
39.20(1) an education coordinator;
39.21(2) a volunteer coordinator;
39.22(3) Como Regional Park shuttle operation;
39.23(4) a trail connection to connect Harriet
39.24Island to the Mississippi Regional Trail;
39.25(5) Estabrook Road reconstruction and
39.26lighting upgrades at Como Regional Park;
39.27and
39.28(6) a trail connection and railroad bridge
39.29reconstruction at Lilydale Regional Park.
39.30(i) $620,000 the first year and $640,000 the
39.31second year are for grants to Scott County
39.32for an entrance road, parking, and trails at
39.33Cedar Lake Farm Regional Park.
40.1(j) $3,667,000 the first year and $3,796,000
40.2the second year are for grants to Three Rivers
40.3Park District for:
40.4(1) a trail connection to connect Grand
40.5Rounds to Nine Mile Creek Trail;
40.6(2) a trail bridge over County State-Aid
40.7Highway 19 for the Lake Minnetonka LRT
40.8Regional Trail;
40.9(3) trail construction on the Crystal Lake
40.10Regional Trail;
40.11(4) trail construction on the Bassett Creek
40.12Regional Trail;
40.13(5) trail construction on the Twin Lakes
40.14Regional Trail; and
40.15(6) trail construction on the Nine Mile Creek
40.16Regional Trail.
40.17(k) $876,000 the first year and $904,000 the
40.18second year are for grants to Washington
40.19County for:
40.20(1) parking, buildings, and other
40.21improvements at Swim Pond;
40.22(2) a trail connection that connects the Point
40.23Douglas Regional Trail to Wisconsin; and
40.24(3) improvements to Hardwood Creek
40.25Regional Trail, including extending the trail
40.26towards Bald Eagle Regional Park.
40.27(l) A recipient of a grant awarded under this
40.28section must give consideration to and make
40.29timely written contact with Conservation
40.30Corps Minnesota for possible use of corps
40.31services to contract for restoration and
40.32enhancement services. For projects with
40.33the potential to need historic preservation
41.1services, a recipient of a grant awarded
41.2under this section must give consideration
41.3to and make timely written contact with the
41.4Northern Bedrock Conservation Corps for
41.5possible use of the corps' services.
41.7$5,000 the first year and $5,000 the second
41.8year are for the Legislative Coordinating
41.9Commission for the Web site required
41.10in Minnesota Statutes, section 3.303,
41.11subdivision 10, including detailed mapping.
41.12 Sec. 6. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
41.13 Subd. 35. Public official. "Public official" means any:
41.14 (1) member of the legislature;
41.15 (2) individual employed by the legislature as secretary of the senate, legislative
41.16auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
41.17legislative analyst, or attorney in the Office of Senate Counsel and Research or House
41.18Research;
41.19 (3) constitutional officer in the executive branch and the officer's chief administrative
41.20deputy;
41.21 (4) solicitor general or deputy, assistant, or special assistant attorney general;
41.22 (5) commissioner, deputy commissioner, or assistant commissioner of any state
41.23department or agency as listed in section15.01 or
15.06 , or the state chief information
41.24officer;
41.25 (6) member, chief administrative officer, or deputy chief administrative officer of a
41.26state board or commission that has either the power to adopt, amend, or repeal rules under
41.27chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
41.28 (7) individual employed in the executive branch who is authorized to adopt, amend,
41.29or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
41.30 (8) executive director of the State Board of Investment;
41.31 (9) deputy of any official listed in clauses (7) and (8);
41.32 (10) judge of the Workers' Compensation Court of Appeals;
42.1 (11) administrative law judge or compensation judge in the State Office of
42.2Administrative Hearings or unemployment law judge in the Department of Employment
42.3and Economic Development;
42.4 (12) member, regional administrator, division director, general counsel, or operations
42.5manager of the Metropolitan Council;
42.6 (13) member or chief administrator of a metropolitan agency;
42.7 (14) director of the Division of Alcohol and Gambling Enforcement in the
42.8Department of Public Safety;
42.9 (15) member or executive director of the Higher Education Facilities Authority;
42.10 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
42.11 (17) member of the board of directors or executive director of the Minnesota State
42.12High School League;
42.13 (18) member of the Minnesota Ballpark Authority established in section473.755 ;
42.14 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
42.15 (20) manager of a watershed district, or member of a watershed management
42.16organization as defined under section103B.205, subdivision 13 ;
42.17 (21) supervisor of a soil and water conservation district;
42.18(22) director of Explore Minnesota Tourism;
42.19 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established
42.20in section 97A.056;
42.21(24) citizen member of the Clean Water Council established in section114D.30 ; or
42.22(25) member or chief executive of the Minnesota Sports Facilities Authority
42.23established in section473J.07 ; or
42.24(26) member of the Greater Minnesota Regional Parks and Trails Commission.
42.25 Sec. 7. [85.536] GREATER MINNESOTA REGIONAL PARKS AND TRAILS
42.26COMMISSION.
42.27 Subdivision 1. Establishment; purpose. The Greater Minnesota Regional Parks and
42.28Trails Commission is created to undertake system planning and provide recommendations
42.29to the legislature for grants funded by the parks and trails fund to counties and cities
42.30outside of the seven-county metropolitan area for parks and trails of regional significance.
42.31 Subd. 2. Commission. The commission shall include 12 members appointed by
42.32the governor representing each of the regional parks and trails districts determined under
42.33subdivision 3. Membership terms, compensation, removal of members, and filling of
42.34vacancies are as provided in section 15.0575.
43.1 Subd. 3. Districts; plans and hearings. (a) The commissioner of natural resources,
43.2in consultation with the Greater Minnesota Regional Parks and Trails Coalition, shall
43.3establish 12 regional parks and trails districts in the state encompassing the area outside the
43.4seven-county metropolitan area. The commissioner shall establish districts by combining
43.5counties and may not assign a county to more than one district.
43.6(b) Counties within each district may jointly prepare, after consultation with all
43.7affected municipalities, and submit to the commission, and from time to time revise
43.8and resubmit to the commission, a master plan for the acquisition and development of
43.9parks and trails of regional significance located within the district. The counties, after
43.10consultation with the commission, shall jointly hold a public hearing on the proposed plan
43.11and budget at a time and place determined by the counties. Not less than 15 days before
43.12the hearing, the counties shall provide notice of the hearing stating the date, time, and
43.13place of the hearing, and the place where the proposed plan and budget may be examined
43.14by any interested person. At any hearing, interested persons shall be permitted to present
43.15their views on the plan and budget.
43.16(c) The commission shall review each master plan to determine whether it meets
43.17the conditions of subdivision 4. If it does not, the commission shall return the plan with
43.18its comments to the district for revision and resubmittal.
43.19 Subd. 4. Regional significance. For a park or trail to be considered of regional
43.20significance under this section:
43.21(1) the park or trail must be natural resource-based;
43.22(2) at least 30 percent of the park or trail user visits in a calendar year must be from
43.23users who do not reside within the area of jurisdiction of the governmental unit that has
43.24the financial and legal responsibility to own, operate, and maintain the park or trail;
43.25(3) the total usage of the park or trail must exceed 20,000 visitors in a one-year period.
43.26Park or trail attendance may be demonstrated by validated survey methods, actual user
43.27data statistics, or another objective and quantifiable measure that is accurate and reliable;
43.28(4) for parks, the park must be at least 100 acres in size; and
43.29(5) for trails, the trail connects or will connect to existing state or regional trails as
43.30demonstrated by the applicant.
43.31 Subd. 5. Recommendations. (a) The commission shall submit biennial
43.32recommendations on appropriations of money from the parks and trails fund to the
43.33legislature no later than January 15 each odd-numbered year. The commission may submit
43.34supplemental recommendations by January 15 in even-numbered years.
43.35(b) In recommending grants under this section, the commission shall make
43.36recommendations consistent with master plans.
44.1(c) The commission shall determine recommended grant amounts through an
44.2adopted merit-based evaluation process that includes the level of local financial support.
44.3The evaluation process is not subject to the rulemaking provisions of chapter 14 and
44.4section 14.386 does not apply.
44.5(d) When recommending grants, the commission shall consider balance of the grant
44.6benefits across greater Minnesota. Grant requests offering a nonstate match of at least 25
44.7percent of the total eligible project costs shall be preferred.
44.8(e) Grants may be recommended only for:
44.9(1) parks and trails included in a plan approved by the commission under subdivision
44.103; and
44.11(2) trails that connect or will connect to existing state or regional trails as
44.12demonstrated by the applicant.
44.13 Subd. 6. Administration. The Department of Natural Resources shall provide
44.14administrative support for the commission.
44.15 Subd. 7. Chair. The commission shall annually elect from among its members a
44.16chair and other officers necessary for the performance of its duties.
44.17 Subd. 8. Meetings. The commission shall meet at least twice each year.
44.18Commission meetings are subject to chapter 13D.
44.19 Subd. 9. Conflict of interest. A member of the commission may not participate in
44.20or vote on a decision of the commission relating to an organization in which the member
44.21has either a direct or indirect financial interest.
44.22 Subd. 10. Definition. For purposes of this section, "commission" means the Greater
44.23Minnesota Regional Parks and Trails Commission established under this section.
44.24 Sec. 8. MISSISSIPPI WHITEWATER PARK.
44.25The appropriation in Laws 2003, chapter 128, article 1, section 5, subdivision 6,
44.26from the water recreation account in the natural resources fund for a cooperative project
44.27with the United States Army Corps of Engineers to develop the Mississippi Whitewater
44.28Park is available until June 30, 2018.
1.3parks and trails fund; providing for agricultural water quality certification;
1.4modifying provisions for restoration evaluations; requiring use of certain
1.5standards for public water access sites; establishing Greater Minnesota Regional
1.6Parks and Trails Commission; extending previous appropriation;amending
1.7Minnesota Statutes 2012, sections 10A.01, subdivision 35; 114D.50, subdivision
1.86; proposing coding for new law in Minnesota Statutes, chapters 17; 85.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.12 |
Section 1. CLEAN WATER FUND APPROPRIATIONS. |
||||||
1.14agencies and for the purposes specified in this article. The appropriations are from the
1.15clean water fund and are available for the fiscal years indicated for allowable activities
1.16under the Minnesota Constitution, article XI, section 15. The figures "2014" and "2015"
1.17used in this article mean that the appropriations listed under them are available for the
1.18fiscal year ending June 30, 2014, or June 30, 2015, respectively. "The first year" is fiscal
1.19year 2014. "The second year" is fiscal year 2015. "The biennium" is fiscal years 2014
1.20and 2015. The appropriations in this article are onetime.
| 1.21 |
APPROPRIATIONS |
||||||
| 1.22 |
Available for the Year |
||||||
| 1.23 |
Ending June 30 |
||||||
| 1.24 |
2014 |
2015 |
|||||
| 1.25 |
Sec. 2. CLEAN WATER |
||||||
| 2.1 |
Subdivision 1.Total Appropriation |
$ |
95,145,000 |
$ |
96,032,000 |
||
2.3purpose are specified in the following
2.4sections.
| 2.5 |
Subd. 2.Availability of Appropriation |
||||||
2.7be spent on activities unless they are directly
2.8related to and necessary for a specific
2.9appropriation and the recipient retains
2.10documentation sufficient to justify the use of
2.11the funds. Money appropriated in this article
2.12must be spent in accordance with Minnesota
2.13Management and Budget's Guidance to
2.14Agencies on Legacy Fund Expenditure.
2.15Notwithstanding Minnesota Statutes, section
2.1616A.28, and unless otherwise specified in
2.17this article, fiscal year 2014 appropriations
2.18are available until June 30, 2015, and fiscal
2.19year 2015 appropriations are available until
2.20June 30, 2016. If a project receives federal
2.21funds, the time period of the appropriation is
2.22extended to equal the availability of federal
2.23funding.
| 2.24 |
Sec. 3. DEPARTMENT OF AGRICULTURE |
$ |
7,895,000 |
$ |
7,895,000 |
||
2.26second year are to accelerate monitoring for
2.27pesticides and pesticide degradates in surface
2.28water and groundwater in areas vulnerable to
2.29surface water impairments and groundwater
2.30degradation and to use data collected to
2.31improve pesticide use practices.
2.32(b) $3,110,000 the first year and $3,110,000
2.33the second year are to increase monitoring
2.34and evaluate trends in the concentration of
3.1nitrates in groundwater in areas vulnerable
3.2to groundwater degradation, including a
3.3substantial increase of monitoring of private
3.4wells in cooperation with the commissioner
3.5of health, monitoring for pesticides when
3.6nitrates are detected, and promoting and
3.7evaluating regional and crop-specific nutrient
3.8best management practices to protect
3.9groundwater from degradation. Of this
3.10amount, $75,000 is for accelerating the
3.11update for the commercial manure applicator
3.12manual. This amount is to be matched with
3.13general funds. This appropriation is available
3.14until June 30, 2016, when the commissioner
3.15shall submit a report to the chairs and
3.16ranking minority members of the senate and
3.17house of representatives committees and
3.18divisions with jurisdiction over agriculture
3.19and environment and natural resources
3.20policy and finance on the expenditure
3.21of these funds, including the progress in
3.22preventing groundwater degradation and
3.23recommendations. By October 15, 2014, the
3.24commissioner shall submit an interim report
3.25to the chairs and ranking minority members
3.26of the senate and house of representatives
3.27committees and divisions with jurisdiction
3.28over agriculture and environment and
3.29natural resources policy and finance on
3.30the expenditure of these funds, including
3.31recommendations.
3.32(c) $100,000 the first year and $100,000
3.33the second year are for transfer to the
3.34clean water agricultural best management
3.35practices loan account and are available
3.36for pass-through to local governments and
4.1lenders for low-interest septic system loans
4.2under Minnesota Statutes, section 17.117.
4.3Any unencumbered balance that is not used
4.4for pass-through to local governments does
4.5not cancel at the end of the first year and is
4.6available for the second year.
4.7(d) $1,500,000 the first year and $1,500,000
4.8the second year are for technical assistance,
4.9including but not limited to small watershed
4.10evaluation, edge of field monitoring,
4.11assessment of stream channel characteristics,
4.12terrain analysis, corn stalk testing, sediment
4.13fingerprinting, and agronomic assessments,
4.14all designed to establish advanced practices
4.15for protecting lakes, rivers, and streams and
4.16for protecting groundwater from degradation.
4.17This appropriation is available until June 30,
4.182016.
4.19(e) $1,050,000 the first year and $1,050,000
4.20the second year are for research that could
4.21pass peer review to protect water resources
4.22from agricultural related contaminants,
4.23including: pilot projects, including the
4.24use of cover crops; development of best
4.25management practices; and technical
4.26assistance on proper implementation of best
4.27management practices to protect and restore
4.28surface water and protect groundwater from
4.29degradation. This appropriation is available
4.30until June 30, 2018.
4.31(f) $175,000 the first year and $175,000 the
4.32second year are for a research inventory
4.33database containing water-related research
4.34activities. Any information technology
4.35development or support or costs necessary
5.1for this research inventory database will be
5.2incorporated into the agency's service level
5.3agreement with and paid to the Office of
5.4Enterprise Technology. This appropriation is
5.5available until June 30, 2016.
5.6(g) $1,500,000 the first year and $1,500,000
5.7the second year are to implement a Minnesota
5.8agricultural water quality certification
5.9program. This appropriation is available
5.10until June 30, 2018.
5.11(h) $110,000 the first year and $110,000
5.12the second year are for a regional irrigation
5.13water quality specialist through the
5.14University of Minnesota Extension Service
5.15to accelerate efforts to provide guidance on
5.16managing water and nitrogen fertilizer and
5.17to provide assistance complying with permit
5.18requirements, regulations, and other related
5.19laws. By January 15, 2016, the commissioner
5.20shall submit a report to the chairs and ranking
5.21minority members of the senate and house
5.22of representatives committees and divisions
5.23with jurisdiction over agriculture and
5.24environment and natural resources policy and
5.25finance on the expenditure of these funds,
5.26including recommendations.
| 5.27 |
Sec. 4. PUBLIC FACILITIES AUTHORITY |
$ |
11,000,000 |
$ |
11,000,000 |
||
5.29the second year are for the total maximum
5.30daily load grant program under Minnesota
5.31Statutes, section 446A.073. This
5.32appropriation is available until June 30, 2018.
5.33(b) $2,000,000 the first year and $2,000,000
5.34the second year are for small community
6.1wastewater treatment grants and loans under
6.2Minnesota Statues, section 446A.075. By
6.3January 15, 2014, the authority shall submit
6.4recommendations to the chairs and ranking
6.5minority members of the senate and house
6.6of representatives committees and divisions
6.7with jurisdiction over agriculture and
6.8environment and natural resources policy and
6.9finance on potential criteria that may be used
6.10to evaluate the option to buy out properties
6.11if it is more cost-effective than a proposed
6.12wastewater treatment system project. This
6.13appropriation is available until June 30, 2018.
6.14(c) If there are any uncommitted funds at
6.15the end of each fiscal year under paragraph
6.16(a) or (b), the Public Facilities Authority
6.17may transfer the remaining funds to eligible
6.18projects under any of the programs listed
6.19in this section based on their priority rank
6.20on the Pollution Control Agency's project
6.21priority list.
| 6.22 |
Sec. 5. POLLUTION CONTROL AGENCY |
$ |
30,315,000 |
$ |
30,265,000 |
||
6.24the second year are for completion of 20
6.25percent of the needed statewide assessments
6.26of surface water quality and trends.
6.27(b) $500,000 the first year and $500,000
6.28the second year are to monitor and assess
6.29unregulated contaminants in surface water.
6.30By January 1, 2014, the commissioner shall
6.31submit an initial report to the chairs and
6.32ranking minority members of the house of
6.33representatives and senate committees and
6.34divisions with jurisdiction over environment
6.35and natural resources policy and finance on
7.1unregulated contaminants, including steps
7.2that should be taken to reduce the most
7.3problematic contaminants.
7.4(c) $10,200,000 the first year and
7.5$10,200,000 the second year are to develop
7.6watershed restoration and protection
7.7strategies (WRAPS), which include: total
7.8maximum daily load (TMDL) studies;
7.9TMDL implementation plans for waters
7.10listed on the United States Environmental
7.11Protection Agency approved impaired waters
7.12list in accordance with Minnesota Statutes,
7.13chapter 114D; and setting reduction and
7.14protection goals and a schedule for meeting
7.15the goals. The agency shall complete an
7.16average of ten percent of the TMDL's each
7.17year over the biennium. Of this amount,
7.18$800,000 each year is for conducting interim
7.19assessments of impaired waters five years
7.20after the completion of a TMDL to determine
7.21the progress made in achieving water quality
7.22improvements. Following completion of
7.23each interim assessment conducted with this
7.24appropriation, the commissioner shall submit
7.25the assessment to the chairs and ranking
7.26minority members of the senate and house
7.27of representatives committees and divisions
7.28with jurisdiction over the environment and
7.29natural resources policy and finance.
7.30(d) $1,250,000 the first year and $1,250,000
7.31the second year are for groundwater
7.32assessment, including enhancing the
7.33ambient monitoring network, modeling, and
7.34evaluating trends, including the reassessment
7.35of groundwater that was assessed ten to 15
7.36years ago and found to be contaminated.
8.1By January 15, 2016, the commissioner
8.2shall submit a report with recommendations
8.3for reducing or preventing groundwater
8.4degradation from contaminants to the chairs
8.5and ranking minority members of the senate
8.6and house of representatives committees and
8.7divisions with jurisdiction over environment
8.8and natural resources policy and finance.
8.9(e) $750,000 the first year and $750,000
8.10the second year are for water quality
8.11improvements in the lower St. Louis River
8.12and Duluth harbor within the St. Louis River
8.13System Area of Concern. This appropriation
8.14must be matched at a rate of 65 percent
8.15nonstate money to 35 percent state money.
8.16(f) $3,000,000 the first year and $3,000,000
8.17the second year are for the clean water
8.18partnership program to provide grants to
8.19protect and improve the lakes, basins, and
8.20watersheds of the state and provide financial
8.21and technical assistance. Priority shall be
8.22given to projects preventing impairments and
8.23degradation of lakes, rivers, streams, and
8.24groundwater in accordance with Minnesota
8.25Statutes, section 114D.20, subdivision 2,
8.26clause (4). Any balance remaining in the first
8.27year does not cancel and is available for the
8.28second year.
8.29(g) $1,150,000 the first year and $1,150,000
8.30the second year are for TMDL research and
8.31database development.
8.32(h) $1,000,000 the first year and $1,000,000
8.33the second year are to initiate development of
8.34a multiagency watershed database reporting
8.35portal. Of this amount, $....... is for transfer
9.1to the Minnesota Geospatial Office for
9.2compiling and distributing surface water and
9.3groundwater quality and quantity data.
9.4(i) $900,000 the first year and $900,000
9.5the second year are for national pollutant
9.6discharge elimination system wastewater and
9.7storm water TMDL implementation efforts.
9.8(j) $3,450,000 the first year and $3,450,000
9.9the second year are for grants to counties
9.10with specific plans to significantly reduce
9.11water pollution by reducing the number of
9.12subsurface sewage treatment systems (SSTS)
9.13that are an imminent threat to public health
9.14or safety or are otherwise failing. Counties
9.15with an ordinance in place that requires
9.16an SSTS to be compliant with existing
9.17standards upon property transfer and as a
9.18condition of obtaining a building permit
9.19shall be given priority for grants under this
9.20paragraph. Of this amount, $750,000 each
9.21year is available to counties for grants to
9.22low-income landowners in riparian areas
9.23to address systems that pose an immediate
9.24threat to public health or safety. A grant
9.25awarded under this paragraph may not
9.26exceed $500,000. A county receiving a grant
9.27under this paragraph must submit a report
9.28to the agency listing the projects funded,
9.29including an account of the expenditures.
9.30(k) $550,000 the first year and $550,000
9.31the second year are for water quality
9.32monitoring in watersheds with participants
9.33in the agricultural water quality certification
9.34program and watersheds targeted by the
9.35Board of Water and Soil Resources in
10.1order to develop baseline surface water
10.2quality information, including water quality
10.3data from areas located downstream from
10.4impacted areas.
10.5(l) $375,000 the first year and $375,000 the
10.6second year are for developing wastewater
10.7treatment system designs and practices
10.8and providing technical assistance. Of
10.9this amount, $145,000 each year is for
10.10transfer to the Board of Regents of the
10.11University of Minnesota to provide ongoing
10.12support for design teams with scientific
10.13and technical expertise pertaining to
10.14wastewater management and treatment
10.15that will include representatives from the
10.16University of Minnesota, Pollution Control
10.17Agency, and municipal wastewater utilities
10.18and other wastewater engineering experts.
10.19The design teams shall promote the use of
10.20new technology, designs, and practices to
10.21address existing and emerging wastewater
10.22treatment challenges, including the treatment
10.23of wastewater for reuse and the emergence
10.24of new and other unregulated contaminants.
10.25This appropriation is available until June 30,
10.262016.
10.27(m) $100,000 the first year and $100,000 the
10.28second year are for grants to the Red River
10.29Watershed Management Board to enhance
10.30and expand the existing water quality and
10.31watershed monitoring river watch activities,
10.32including groundwater, in the schools in
10.33the Red River of the North Watershed. The
10.34Red River Watershed Management Board
10.35shall provide a report to the commissioner
10.36and the chair and ranking minority members
11.1of the senate and house of representatives
11.2committees and divisions with jurisdiction
11.3over environment and natural resources
11.4finance and policy and the clean water fund
11.5by February 15, 2015, on the expenditure of
11.6these funds.
11.7(n) $50,000 the first year is for providing
11.8technical assistance to local units of
11.9government to address the impacts on
11.10water quality from polycyclic aromatic
11.11hydrocarbons resulting from the use of coal
11.12tar products.
11.13(o) $40,000 the first year and $40,000 the
11.14second year are to support activities of the
11.15Clean Water Council according to Minnesota
11.16Statutes, section 114D.30, subdivision 1.
11.17(p) Notwithstanding Minnesota Statutes,
11.18section 16A.28, the appropriations
11.19encumbered on or before June 30, 2015,
11.20as grants or contracts in this section are
11.21available until June 30, 2018.
| 11.22 11.23 |
Sec. 6. DEPARTMENT OF NATURAL RESOURCES |
$ |
14,460,000 |
$ |
14,075,000 |
||
11.25the second year are for stream flow
11.26monitoring, including the installation of
11.27additional monitoring gauges, and monitoring
11.28necessary to determine the relationship
11.29between stream flow and groundwater.
11.30(b) $1,300,000 the first year and $1,300,000
11.31the second year are for lake Index of
11.32Biological Integrity (IBI) assessments.
11.33(c) $135,000 the first year and $135,000
11.34the second year are for assessing mercury
12.1contamination of fish, including monitoring
12.2to track the status of waters impaired by
12.3mercury and mercury reduction efforts over
12.4time.
12.5(d) $1,850,000 the first year and $1,850,000
12.6the second year are for developing targeted,
12.7science-based watershed restoration and
12.8protection strategies, including regional
12.9technical assistance for TMDL plans and
12.10development of a watershed assessment tool,
12.11in cooperation with the commissioner of the
12.12Pollution Control Agency. By January 15,
12.132016, the commissioner shall submit a report
12.14to the chairs and ranking minority members
12.15of the senate and house of representatives
12.16committees and divisions with jurisdiction
12.17over environment and natural resources
12.18policy and finance providing the outcomes
12.19to lakes, rivers, streams, and groundwater
12.20achieved with this appropriation and
12.21recommendations.
12.22(e) $1,500,000 the first year and $1,500,000
12.23the second year are for water supply planning,
12.24aquifer protection, and monitoring activities.
12.25(f) $1,000,000 the first year and $1,000,000
12.26the second year are for technical assistance
12.27to support local implementation of nonpoint
12.28source restoration and protection activities,
12.29including water quality protection in forested
12.30watersheds.
12.31(g) $675,000 the first year and $675,000
12.32the second year are for applied research
12.33and tools, including watershed hydrologic
12.34modeling; maintaining and updating spatial
12.35data for watershed boundaries, streams, and
13.1water bodies and integrating high-resolution
13.2digital elevation data; assessing effectiveness
13.3of forestry best management practices for
13.4water quality; and developing an ecological
13.5monitoring database.
13.6(h) $615,000 the first year and $615,000
13.7the second year are for developing county
13.8geologic atlases.
13.9(i) $85,000 the first year is to develop design
13.10standards and best management practices
13.11for public water access sites to maintain and
13.12improve water quality by avoiding shoreline
13.13erosion and runoff.
13.14(j) $3,500,000 the first year and $3,500,000
13.15the second year are for beginning to develop
13.16and designate groundwater management
13.17areas under Minnesota Statutes, section
13.18103G.287, subdivision 4. The commissioner,
13.19in consultation with the commissioners
13.20of the Pollution Control Agency, health,
13.21and agriculture, shall establish a uniform
13.22statewide hydrogeologic mapping system
13.23that will include designated groundwater
13.24management areas. The mapping system
13.25must include wellhead protection areas,
13.26special well construction areas, groundwater
13.27provinces, groundwater recharge areas, and
13.28other designated or geographical areas related
13.29to groundwater. This mapping system shall
13.30be used to implement all groundwater-related
13.31laws and for reporting and evaluations. This
13.32appropriation is available until June 30, 2017.
13.33(k) $1,100,000 the first year and $1,000,000
13.34the second year are for grants to counties
13.35and other local units of government that
14.1have adopted advanced shoreland protection
14.2measures. The grants awarded under this
14.3paragraph shall be for $100,000 and must be
14.4used to restore and enhance riparian areas to
14.5protect, enhance, and restore water quality in
14.6lakes, rivers, and streams. Grant recipients
14.7must submit a report to the commissioner on
14.8the outcomes achieved with the grant. To
14.9be eligible for a grant under this paragraph,
14.10a county or other local unit of government
14.11must have adopted an ordinance for the
14.12subdivision, use, redevelopment, and
14.13development of shoreland that has been
14.14certified by the commissioner of natural
14.15resources as having advanced shoreland
14.16protection measures. The commissioner
14.17shall only certify an ordinance that meets or
14.18exceeds the following standards:
14.19(1) requires new sewage treatment systems
14.20to be set back at least 100 feet from the
14.21ordinary high water level for recreational
14.22development shorelands and 75 feet for
14.23general development lake shorelands;
14.24(2) requires redevelopment and new
14.25development on shoreland to have at least
14.26a 50-foot vegetative buffer. An access path
14.27and recreational use area may be allowed;
14.28(3) requires mitigation when any variance to
14.29standards designed to protect lakes, rivers,
14.30and streams is granted;
14.31(4) requires best management practices to
14.32be used to control storm water and sediment
14.33when 3,000 or more square feet are disturbed
14.34as part of a land alteration;
15.1(5) includes other criteria developed by the
15.2commissioner; and
15.3(6) has been adopted by July 1, 2015.
15.4The commissioner may certify an ordinance
15.5that does not exceed all the standards in
15.6clauses (1) to (5) if the commissioner
15.7determines that the ordinance provides
15.8significantly greater protection for both
15.9waters and shoreland than those standards.
15.10The commissioner of natural resources
15.11may develop additional criteria for the
15.12grants awarded under this paragraph. In
15.13developing the criteria, the commissioner
15.14shall consider the proposed changes to
15.15the department's shoreland rules discussed
15.16during the rulemaking process authorized
15.17under Laws 2007, chapter 57, article 1,
15.18section 4, subdivision 3. This appropriation
15.19is available until spent.
15.20(l) $100,000 the first year is for preparing and
15.21hosting groundwater management workshops
15.22to provide an update on scientific, technical,
15.23and other information regarding groundwater
15.24sustainability, use, and best management
15.25practices to groundwater management
15.26professionals and mayors or their designees
15.27in greater Minnesota.
15.28(m) $100,000 the first year is for preparing
15.29and hosting, in consultation with the
15.30Metropolitan Council, groundwater
15.31management workshops to provide an update
15.32on scientific, technical, and other information
15.33regarding groundwater sustainability,
15.34use, and best management practices to
15.35groundwater management professionals and
16.1mayors or their designees in the metropolitan
16.2area.
16.3(n) $25,000 the first year is to the
16.4commissioner of natural resources to
16.5evaluate the water quality impacts of hard
16.6rock aggregate mining on the headwaters
16.7of the Minnesota River. The commissioner
16.8must report to the chairs and ranking minority
16.9members of the legislative committees with
16.10jurisdiction over natural resources and local
16.11government by February 15, 2014. Until
16.12the commissioner reports to the legislature
16.13the results of the commissioner's evaluation,
16.14no new hard rock aggregate mining permit
16.15may be issued for mining activity near the
16.16headwaters of the Minnesota River. This
16.17paragraph is effective the day following final
16.18enactment.
| 16.19 16.20 |
Sec. 7. BOARD OF WATER AND SOIL RESOURCES |
$ |
22,648,000 |
$ |
24,470,000 |
||
16.22the second year are for grants to soil and water
16.23conservation districts, watershed districts,
16.24watershed management organizations, and
16.25other joint powers organizations organized
16.26for the management of water in a watershed
16.27or subwatershed that have multiyear plans
16.28that will result in a significant reduction in
16.29water pollution in a selected subwatershed.
16.30The grants may be used for the following
16.31purposes: establishment of riparian buffers;
16.32practices to store water for natural treatment
16.33and infiltration, including rain gardens;
16.34capturing storm water for reuse; stream
16.35bank, shoreland, and ravine stabilization;
17.1enforcement activities; and implementation
17.2of best management practices for feedlots
17.3within riparian areas and other practices
17.4demonstrated to be most effective in
17.5protecting, enhancing, and restoring water
17.6quality in lakes, rivers, and streams and
17.7protecting groundwater from degradation.
17.8Grant recipients must provide a nonstate
17.9cash match of at least 25 percent of the
17.10total eligible project costs. Grant recipients
17.11may use other legacy funds to supplement
17.12projects funded under this paragraph. Prairie
17.13restorations conducted with funds awarded
17.14under this paragraph must include a diversity
17.15of species, including species selected to
17.16provide habitat for pollinators throughout the
17.17growing season, and protect existing native
17.18prairies from genetic contamination. Grants
17.19awarded under this paragraph are available
17.20for four years and priority shall be given
17.21to the three to six best designed plans each
17.22year. By January 15, 2016, the board shall
17.23submit an interim report on the outcomes
17.24achieved with this appropriation, including
17.25recommendations, to the chairs and ranking
17.26minority members of the senate and house
17.27of representatives committees and divisions
17.28with jurisdiction over environment and
17.29natural resources policy and finance. This
17.30appropriation is available until June 30, 2018.
17.31(b) $2,853,000 the first year and $4,675,000
17.32the second year are for grants for the
17.33following purposes: establishment of
17.34riparian buffers; practices to store water for
17.35natural treatment and infiltration, including
17.36rain gardens; capturing storm water for
18.1reuse; stream bank, shoreland, and ravine
18.2stabilization; enforcement activities; and
18.3implementation of best management practices
18.4for feedlots within riparian areas and other
18.5practices demonstrated to be most effective
18.6in protecting, enhancing, and restoring water
18.7quality in lakes, rivers, and streams and
18.8protecting groundwater from degradation.
18.9(c) $4,000,000 the first year and $4,000,000
18.10the second year are for targeted local
18.11resource protection and enhancement grants
18.12for projects and practices that exceed
18.13current state standards for protection,
18.14enhancement, and restoration of water
18.15quality in lakes, rivers, and streams or that
18.16protect groundwater from degradation.
18.17(d) $900,000 the first year and $900,000 the
18.18second year are to provide state oversight
18.19and accountability, evaluate results, and
18.20measure the value of conservation program
18.21implementation by local governments,
18.22including submission to the legislature
18.23by March 1 each year an annual report
18.24prepared by the board, in consultation with
18.25the commissioners of natural resources,
18.26health, agriculture, and the Pollution Control
18.27Agency, detailing the recipients, projects
18.28funded under this section, and the amount of
18.29pollution reduced.
18.30(e) $1,700,000 the first year and $1,700,000
18.31the second year are for grants to local units
18.32of government to ensure compliance with
18.33Minnesota Statutes, chapter 103E, and
18.34sections 103F.401 to 103F.455, including
18.35enforcement efforts. Of this amount,
19.1$235,000 the first year is to update the
19.2Minnesota Public Drainage Manual and the
19.3Minnesota Public Drainage Law Overview
19.4for Decision Makers and to provide outreach
19.5to users.
19.6(f) $6,500,000 the first year and $6,500,000
19.7the second year are to purchase and restore
19.8permanent conservation easements on
19.9riparian buffers adjacent to lakes, rivers,
19.10streams, and tributaries with a high risk of
19.11becoming impaired or that are currently
19.12impaired, to keep water on the land in order
19.13to decrease sediment, pollutant, and nutrient
19.14transport; reduce hydrologic impacts to
19.15surface waters; and increase infiltration for
19.16groundwater recharge. This appropriation
19.17may be used for restoration of riparian
19.18buffers protected by easements purchased
19.19with this appropriation and for stream bank
19.20restorations when the riparian buffers have
19.21been restored. Prairie restorations conducted
19.22with funds awarded under this paragraph
19.23must include a diversity of species, including
19.24species selected to provide habitat for
19.25pollinators throughout the growing season,
19.26and protect existing native prairies from
19.27genetic contamination.
19.28(g) $1,400,000 the first year and $1,400,000
19.29the second year are for permanent
19.30conservation easements on wellhead
19.31protection areas under Minnesota Statutes,
19.32section 103F.515, subdivision 2, paragraph
19.33(d). Priority must be placed on land that
19.34is located where the vulnerability of the
19.35drinking water supply is designated as high
19.36or very high by the commissioner of health.
20.1(h) $175,000 the first year and $175,000 the
20.2second year are for a technical evaluation
20.3panel to conduct at least 20 restoration
20.4evaluations under Minnesota Statutes,
20.5section 114D.50, subdivision 6.
20.6(i) $120,000 the first year and $120,000
20.7the second year are for grants to Area
20.8II Minnesota River Basin projects for
20.9floodplain management.
20.10(j) The board shall contract for services
20.11with Conservation Corps Minnesota for
20.12restoration, maintenance, and other activities
20.13under this section for $500,000 the first year
20.14and $500,000 the second year.
20.15(k) The board may adjust the technical and
20.16administrative assistance portion of the funds
20.17to leverage federal or other nonstate funds
20.18or to address oversight responsibilities or
20.19high-priority needs identified in local water
20.20management plans.
20.21(l) The board shall require grantees to specify
20.22the outcomes that will be achieved by the
20.23grants prior to any grant awards and the
20.24board shall track the cumulative impacts
20.25and include those impacts in reports on the
20.26expenditure of clean water funds submitted
20.27to the legislature.
20.28(m) The appropriations in this section are
20.29available until June 30, 2018. Returned grant
20.30funds are available until expended and shall
20.31be regranted consistent with the purposes of
20.32this section.
| 20.33 |
Sec. 8. DEPARTMENT OF HEALTH |
$ |
6,198,000 |
$ |
6,198,000 |
||
21.2the second year are for addressing public
21.3health concerns related to contaminants
21.4found in Minnesota drinking water for
21.5which no health-based drinking water
21.6standards exist, including accelerating the
21.7development of health risk limits, including
21.8triclosan, and improving the capacity of
21.9the department's laboratory to analyze
21.10unregulated contaminants.
21.11(b) $1,615,000 the first year and $1,615,000
21.12the second year are for protection of
21.13groundwater and surface water drinking
21.14water sources, including protection from
21.15viruses.
21.16(c) $250,000 the first year and $250,000 the
21.17second year are for cost share assistance to
21.18public and private well owners for up to 50
21.19percent of the cost of sealing unused wells.
21.20(d) $390,000 the first year and $390,000 the
21.21second year are to update and expand the
21.22County Well Index, in cooperation with the
21.23commissioner of natural resources.
21.24(e) $325,000 the first year and $325,000 the
21.25second year are for studying the occurrence
21.26and magnitude of contaminants in private
21.27wells and developing guidance to ensure
21.28that new well placement minimizes the
21.29potential for risks, in cooperation with the
21.30commissioner of agriculture.
21.31(f) $105,000 the first year and $105,000 the
21.32second year are for monitoring recreational
21.33beaches on Lake Superior for pollutants that
21.34may pose a public health risk and mitigating
22.1sources of bacterial contamination that are
22.2identified.
22.3(g) $980,000 the first year and $980,000 the
22.4second year are for a biomonitoring program
22.5that will focus on children and disadvantaged
22.6communities to provide data on disparities
22.7in pollutant exposure and other measures
22.8necessary to assist with water quality
22.9management and protection decision making.
22.10(h) $1,233,000 the first year and $1,233,000
22.11the second year are for the development
22.12and implementation of a groundwater
22.13virus monitoring plan, including an
22.14epidemiological study to determine the
22.15association between groundwater virus
22.16concentration and community illness rates.
22.17This appropriation is available until June 30,
22.182017.
22.19(i) Unless otherwise specified, the
22.20appropriations in this section are available
22.21until June 30, 2016.
| 22.22 |
Sec. 9. METROPOLITAN COUNCIL |
$ |
2,000,000 |
$ |
1,500,000 |
||
22.24second year are for grants or loans for local
22.25inflow and infiltration reduction programs
22.26addressing high priority areas in the
22.27metropolitan area, as defined in Minnesota
22.28Statutes, section 473.121, subdivision 2. This
22.29appropriation is available until expended.
22.30(b) $500,000 the first year is for an agreement
22.31with the United States Geological Survey to
22.32investigate groundwater and surface water
22.33interaction in and around White Bear Lake
22.34and surrounding northeast metropolitan
23.1lakes, including seepage rate determinations,
23.2water quality of groundwater and surface
23.3water, isotope analyses, lake level analyses,
23.4water balance determination, and creation
23.5of a calibrated groundwater flow model.
23.6The council shall use the results to prepare
23.7guidance for other areas to use in addressing
23.8groundwater and surface water interaction
23.9issues. This is a onetime appropriation and is
23.10available until June 30, 2016.
23.11(c) $1,250,000 the first year and $1,250,000
23.12the second year are for metropolitan regional
23.13groundwater planning to achieve water
23.14supply reliability and sustainability, including
23.15determination of a sustainable regional
23.16balance of surface water and groundwater, a
23.17feasibility assessment of potential solutions
23.18to rebalance regional water use and identify
23.19potential solutions to address emerging
23.20subregional water supply issues such as the
23.21northeast metro, and development of an
23.22implementation plan that addresses regional
23.23targets and timelines and defines short- and
23.24medium-term milestones for achieving the
23.25desirable surface water and groundwater
23.26regional balance. By January 15, 2014, the
23.27commissioner shall submit an interim report
23.28on the expenditure of this appropriation to
23.29the chairs and ranking minority members
23.30of the house of representatives and senate
23.31committees and divisions with jurisdiction
23.32over environment and natural resources
23.33finance and policy and the clean water fund.
| 23.34 |
Sec. 10. UNIVERSITY OF MINNESOTA |
$ |
615,000 |
$ |
615,000 |
||
24.2second year are for developing county
24.3geologic atlases. This appropriation is
24.4available until June 30, 2018.
| 24.5 |
Sec. 11. LEGISLATURE |
$ |
14,000 |
$ |
14,000 |
||
24.7year are for the Legislative Coordinating
24.8Commission for the Web site required
24.9in Minnesota Statutes, section 3.303,
24.10subdivision 10, including detailed mapping.
24.11 Sec. 12. [17.9891] PURPOSE.
24.12The commissioner, in consultation with the commissioner of natural resources,
24.13commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
24.14may implement a Minnesota agricultural water quality certification program whereby a
24.15producer who demonstrates practices and management sufficient to protect water quality
24.16is certified for up to ten years and presumed to be contributing the producer's share of
24.17any targeted reduction of water pollutants during the certification period. The program
24.18is voluntary. The program will first be piloted in selected watersheds across the state,
24.19until such time as the commissioner, in consultation with the commissioner of natural
24.20resources, commissioner of the Pollution Control Agency, and Board of Water and Soil
24.21Resources, determines the program is ready for expansion.
24.22 Sec. 13. [17.9892] DEFINITIONS.
24.23 Subdivision 1. Application. The definitions in this section apply to sections
24.2417.9891 to 17.993.
24.25 Subd. 2. Technical assistance. "Technical assistance" means professional, advisory,
24.26or cost share assistance provided to individuals in order to achieve certification.
24.27 Subd. 3. Certifying agent. "Certifying agent" means a person who is authorized
24.28by the commissioner to assess producers to determine whether a producer satisfies the
24.29standards of the program.
24.30 Subd. 4. Certification. "Certification" means a producer has demonstrated
24.31compliance with all applicable environmental rules and statutes for all of the producer's
24.32owned and rented agricultural land and has achieved a satisfactory score through the
24.33certification instrument as verified by a certifying agent.
25.1 Subd. 5. Eligible land. "Eligible land" means all acres of a producer's agricultural
25.2operation, whether contiguous or not, that are under the effective control of the producer
25.3at the time the producer enters into the program and that the producer operates with
25.4equipment, labor, and management.
25.5 Subd. 6. Effective control. "Effective control" means possession of land by
25.6ownership, written lease, or other legal agreement and authority to act as decision
25.7maker for the day-to-day management of the operation at the time the producer achieves
25.8certification and for the required certification period.
25.9 Subd. 7. Program. "Program" means the Minnesota agricultural water quality
25.10certification program.
25.11 Sec. 14. [17.9893] CERTIFICATION INSTRUMENT.
25.12The commissioner, in consultation with the commissioner of natural resources,
25.13commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
25.14shall develop an analytical instrument to assess the water quality practices and
25.15management of agricultural operations. This instrument shall be used to certify that the
25.16water quality practices and management of an agricultural operation are consistent with
25.17state water quality goals and standards. The commissioner shall define a satisfactory score
25.18for certification purposes. The certification instrument tool shall:
25.19(1) integrate applicable existing regulatory requirements;
25.20(2) utilize technology and prioritize ease of use;
25.21(3) utilize a water quality index or score applicable to the landscape;
25.22(4) incorporate a process for updates and revisions as practices, management, and
25.23technology changes become established and approved; and
25.24(5) comprehensively address water quality impacts.
25.25 Sec. 15. [17.9894] CERTIFYING AGENT LICENSE.
25.26 Subdivision 1. License. A person who offers certification services to producers
25.27as part of the program must satisfy all criteria in subdivision 2 and be licensed by
25.28the commissioner. A certifying agent is ineligible to provide certification services
25.29to any producer to whom the certifying agent has also provided technical assistance.
25.30Notwithstanding section 16A.1283, the commissioner may set license fees.
25.31 Subd. 2. Certifying agent requirements. In order to be licensed as a certifying
25.32agent, a person must:
26.1(1) be an agricultural conservation professional employed by the state of Minnesota,
26.2a soil and water conservation district, or the Natural Resources Conservation Service or a
26.3Minnesota certified crop advisor as recognized by the American Society of Agronomy;
26.4(2) have passed a comprehensive exam, as set by the commissioner, evaluating
26.5knowledge of water quality, soil health, best farm management techniques, and the
26.6certification instrument; and
26.7(3) maintain continuing education requirements as set by the commissioner.
26.8 Sec. 16. [17.9895] DUTIES OF A CERTIFYING AGENT.
26.9 Subdivision 1. Duties. A certifying agent shall conduct a formal certification
26.10assessment utilizing the certification instrument to determine whether a producer meets
26.11program criteria. If a producer satisfies all requirements, the certifying agent shall notify
26.12the commissioner of the producer's eligibility and request that the commissioner issue a
26.13certificate. All records and documents used in the assessment shall be compiled by the
26.14certifying agent and submitted to the commissioner.
26.15 Subd. 2. Violations. (a) In the event a certifying agent violates any provision of
26.16sections 17.9891 to 17.993 or an order of the commissioner, the commissioner may issue a
26.17written warning or a correction order and may suspend or revoke a license.
26.18(b) If the commissioner suspends or revokes a license, the certifying agent has ten
26.19days from the date of suspension or revocation to appeal. If a certifying agent appeals, the
26.20commissioner shall hold an administrative hearing within 30 days of the suspension or
26.21revocation of the license, or longer by agreement of the parties, to determine whether the
26.22license is revoked or suspended. The commissioner shall issue an opinion within 30 days.
26.23If a person notifies the commissioner that the person intends to contest the commissioner's
26.24opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with
26.25the applicable provisions of chapter 14 for hearings in contested cases.
26.26 Sec. 17. [17.9896] CERTIFICATION PROCEDURES.
26.27 Subdivision 1. Producer duties. A producer who seeks certification of eligible land
26.28shall conduct an initial assessment using the certification instrument, obtain technical
26.29assistance if necessary to achieve a satisfactory score on the certification instrument, and
26.30apply for certification from a licensed certifying agent.
26.31 Subd. 2. Additional land. Once certified, if a producer obtains effective control
26.32of additional agricultural land, the producer must notify a certifying agent and obtain
26.33certification of the additional land within one year in order to retain the producer's original
26.34certification.
27.1 Subd. 3. Violations. (a) The commissioner may revoke a certification if the
27.2producer fails to obtain certification on any additional land for which the producer obtains
27.3effective control.
27.4(b) The commissioner may revoke a certification and seek reimbursement of any
27.5monetary benefit a producer may have received due to certification from a producer who
27.6fails to maintain certification criteria.
27.7(c) If the commissioner revokes a certification, the producer has ten days from the
27.8date of suspension or revocation to appeal. If a producer appeals, the commissioner shall
27.9hold an administrative hearing within 30 days of the suspension or revocation of the
27.10certification, or longer by agreement of the parties, to determine whether the certification
27.11is revoked or suspended. The commissioner shall issue an opinion within 30 days. If the
27.12producer notifies the commissioner that the producer intends to contest the commissioner's
27.13opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with
27.14the applicable provisions of chapter 14 for hearings in contested cases.
27.15 Sec. 18. [17.9897] CERTIFICATION CERTAINTY.
27.16(a) Once a producer is certified, the producer:
27.17(1) retains certification for up to ten years from the date of certification if the
27.18producer complies with the certification agreement, even if the producer does not comply
27.19with new state water protection laws or rules that take effect during the certification period;
27.20(2) is presumed to be meeting the producer's contribution to any targeted reduction
27.21of pollutants during the certification period;
27.22(3) is required to continue implementation of practices that maintain the producer's
27.23certification; and
27.24(4) is required to retain all records pertaining to certification.
27.25(b) Paragraph (a) does not preclude enforcement of a local ordinance or rule by a
27.26local unit of government.
27.27 Sec. 19. [17.9898] AUDITS.
27.28The commissioner shall perform random audits of producers and certifying agents to
27.29ensure compliance with the program. All producers and certifying agents shall cooperate
27.30with the commissioner during these audits and provide all relevant documents to the
27.31commissioner for inspection and copying. Any delay, obstruction, or refusal to cooperate
27.32with the commissioner's audit or falsification of or failure to provide required data or
27.33information is a violation subject to the provisions of section 17.9895, subdivision 2, or
27.3417.9896, subdivision 3.
28.1 Sec. 20. [17.9899] DATA.
28.2All data collected under the program that identifies a producer or a producer's
28.3location are considered nonpublic data as defined in section 13.02, subdivision 9, or
28.4private data on individuals as defined in section 13.02, subdivision 12. The commissioner
28.5shall make available summary data of program outcomes on data classified as private
28.6or nonpublic under this section.
28.7 Sec. 21. [17.991] RULEMAKING.
28.8The commissioner may adopt rules to implement the program.
28.9 Sec. 22. [17.992] REPORTS.
28.10The commissioner, in consultation with the commissioner of natural resources,
28.11commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
28.12shall issue a biennial report to the chairs and ranking minority members of the legislative
28.13committees with jurisdiction over agricultural policy on the status of the program.
28.14 Sec. 23. [17.993] FINANCIAL ASSISTANCE.
28.15The commissioner may use contributions from gifts or other state accounts, provided
28.16that the purpose of the expenditure is consistent with the purpose of the accounts, for
28.17grants, loans, or other financial assistance.
28.18 Sec. 24. Minnesota Statutes 2012, section 114D.50, subdivision 6, is amended to read:
28.19 Subd. 6. Restoration evaluations. The Board of Water and Soil Resources may
28.20convene a technical evaluation panel comprised of five members, including one technical
28.21representative from the Board of Water and Soil Resources, one technical representative
28.22from the Department of Natural Resources, one technical expert from the University of
28.23Minnesota or the Minnesota State Colleges and Universities, and two representatives
28.24with expertise related to the project being evaluated. The board may add a technical
28.25representative from a unit of federal or local government. The members of the technical
28.26evaluation panel may not be associated with the restoration, may vary depending upon the
28.27projects being reviewed, and shall avoid any potential conflicts of interest. Each year, the
28.28board may assign a coordinator to identify a sample of
28.29completed with clean water funding. The coordinator shall secure the restoration plans for
28.30the projects specified and direct the technical evaluation panel to evaluate the restorations
28.31relative to the law, current science, and the stated goals and standards in the restoration
28.32plan and, when applicable, to the Board of Water and Soil Resources' native vegetation
29.1establishment and enhancement guidelines. The coordinator shall summarize the findings
29.2of the panel and provide a report to the chairs of the respective house of representatives
29.3and senate policy and finance committees with jurisdiction over natural resources and
29.4spending from the clean water fund. The report shall determine if the restorations are
29.5meeting planned goals, any problems with the implementation of restorations, and, if
29.6necessary, recommendations on improving restorations. The report shall be focused on
29.7improving future restorations. Up to one-tenth of one percent of forecasted receipts from
29.8the clean water fund may be used for restoration evaluations under this section.
29.9 Sec. 25. PUBLIC WATER ACCESS SITE DESIGN AND BEST MANAGEMENT
29.10PRACTICES.
29.11Beginning March 1, 2014, the commissioner of natural resources shall utilize the
29.12applicable design standards and best management practices developed under this article
29.13when designing and constructing new public water access sites and renovating existing
29.14sites. The commissioner shall make the design standards and best management practices
29.15developed under this article available on the Department of Natural Resources Web site
29.16and notify local units of government of the standards and practices.
| 29.19 |
Section 1. PARKS AND TRAILS FUND APPROPRIATIONS. |
||||||
29.21agencies and for the purposes specified in this article. The appropriations are from the
29.22parks and trails fund and are available for the fiscal years indicated for each purpose. The
29.23figures "2014" and "2015" used in this article mean that the appropriations listed under
29.24them are available for the fiscal year ending June 30, 2014, or June 30, 2015, respectively.
29.25"The first year" is fiscal year 2014. "The second year" is fiscal year 2015. "The biennium"
29.26is fiscal years 2014 and 2015. All appropriations in this article are onetime.
| 29.27 |
APPROPRIATIONS |
||||||
| 29.28 |
Available for the Year |
||||||
| 29.29 |
Ending June 30 |
||||||
| 29.30 |
2014 |
2015 |
|||||
| 29.31 |
Sec. 2. PARKS AND TRAILS |
||||||
| 29.32 |
Subdivision 1.Total Appropriation |
$ |
41,611,000 |
$ |
41,880,000 |
||
30.2purpose are specified in the following
30.3sections.
| 30.4 |
Subd. 2.Availability of Appropriation |
||||||
30.6be spent on activities unless they are directly
30.7related to and necessary for a specific
30.8appropriation and the recipient retains
30.9documentation sufficient to justify the use of
30.10the funds. Money appropriated in this article
30.11must be spent in accordance with Minnesota
30.12Management and Budget's Guidance to
30.13Agencies on Legacy Fund Expenditure.
30.14Notwithstanding Minnesota Statutes, section
30.1516A.28, and unless otherwise specified in
30.16this article, fiscal year 2014 appropriations
30.17are available until June 30, 2015, and fiscal
30.18year 2015 appropriations are available until
30.19June 30, 2016. If a project receives federal
30.20funds, the time period of the appropriation is
30.21extended to equal the availability of federal
30.22funding.
| 30.23 30.24 |
Sec. 3. DEPARTMENT OF NATURAL RESOURCES |
$ |
23,851,000 |
$ |
23,787,000 |
||
30.26the second year are for state parks and trails
30.27projects. Of this amount:
30.28(1) $400,000 is for the Rat River Bridge on
30.29the Arrowhead State Trail;
30.30(2) $250,000 is for the Brown's Creek
30.31State Trail, including interpretive signs,
30.32invasive species control, and regional trail
30.33connections;
31.1(3) $300,000 is for a segment of the Central
31.2Lakes State Trail from Fergus Falls to
31.3Ashby/Lake Christina;
31.4(4) $500,000 is for the Hadley Bridge on the
31.5Gateway State Trail;
31.6(5) $750,000 is for a segment of the
31.7Gitchi-Gami State Trail from Beaver Bay to
31.8West Road;
31.9(6) $850,000 is for the Steamboat Loop on
31.10the Heartland State Trail;
31.11(7) $750,000 is for the Steamboat River
31.12Bridge on the Heartland State Trail;
31.13(8) $400,000 is for the Fish Hook River Red
31.14Bridge in Park Rapids on the Heartland State
31.15Trail;
31.16(9) $20,000 is for a trail in Itasca State Park;
31.17(10) $200,000 is for a trail from Park Rapids
31.18to Itasca State Park;
31.19(11) $300,000 is for acquisition of a trail
31.20segment from Faribault to Dundas for the
31.21Mill Towns State Trail;
31.22(12) $800,000 is for a bridge building over
31.23the Cannon River in Faribault for the Mills
31.24Town State Trail;
31.25(13) $300,000 is for a segment of the
31.26Minnesota Valley State Trail from Shakopee
31.27Memorial Park to Bloomington Ferry Bridge;
31.28(14) $2,500,000 is for a segment of
31.29the Minnesota Valley State Trail from
31.30Bloomington Ferry Bridge to Fort Snelling
31.31State Park;
32.1(15) $300,000 is for the Moose Horn River
32.2Bridge No. 1 on the Willard Munger State
32.3Trail;
32.4(16) $75,000 is for the Paul Bunyan State
32.5Trail near Clausen Avenue;
32.6(17) $500,000 is for a segment of the Paul
32.7Bunyan State Trail from Crow Wing State
32.8Park;
32.9(18) $75,000 is for interpretive signs on the
32.10Root River State Trail;
32.11(19) $1,750,000 is for a segment of the Root
32.12River State Trail from Whalen to Rushford;
32.13(20) $2,250,000 is for a segment of the
32.14Sakatah Singing Hills State Trail from
32.15Waterville to Mankato; and
32.16(21) $400,000 is for a segment of the
32.17Shooting Star State Trail from Rose Creek
32.18to Austin.
32.19(b) $1,549,000 the first year and $1,549,000
32.20the second year are for education and
32.21interpretive services at state parks, recreation
32.22areas, and trails.
32.23(c) $643,000 the first year and $643,000
32.24the second year are for outreach, including
32.25enhanced, integrated, and accessible
32.26Web-based information for park and trail
32.27users; joint marketing and promotional
32.28efforts for all parks and trails of regional
32.29or statewide significance; and support of
32.30activities of a parks and trails legacy advisory
32.31committee.
32.32(d) $1,500,000 the first year is for acquisition
32.33of land for Lake Bronson State Park, Sibley
32.34State Park, and Minneopa State Park.
33.1(e) $1,000,000 the first year and $2,140,000
33.2the second year are for improvements at state
33.3parks and state recreation areas, including a
33.4new visitor center at Tettegouche State Park,
33.5renewable energy improvements, and new
33.6camper cabins.
33.7(f) $720,000 the second year is for
33.8campground upgrades at Whitewater State
33.9Park.
33.10(g) $1,933,000 the first year and $3,934,000
33.11the second year are for improvements at state
33.12parks and state recreation areas, including
33.13conversion of facilities to rental facilities,
33.14replacement of vault toilets and fishing
33.15piers, renewable energy improvements, and
33.16accessibility improvements.
33.17(h) $829,000 the first year and $830,000
33.18the second year are for restoration and
33.19enhancement activities at state parks and state
33.20recreation areas, including invasive species
33.21management on approximately 13,800 acres,
33.22native plant restorations on approximately
33.231,800 acres, and implementation of best
33.24management practices at approximately 50
33.25public water access sites.
33.26(i) $4,925,000 the first year and $4,938,000
33.27the second year are for grants under
33.28Minnesota Statutes, section 85.535, to
33.29acquire, develop, improve, and restore
33.30parks and trails of regional or statewide
33.31significance outside of the metropolitan area,
33.32as defined in Minnesota Statutes, section
33.33473.121, subdivision 2. Up to 2.5 percent
33.34of the total appropriation may be used for
33.35administering the grants.
34.1(j) $3,497,000 the first year and $3,338,000
34.2the second year are for grants for parks and
34.3trails of regional or statewide significance
34.4outside of the metropolitan area. Of this
34.5amount:
34.6(1) $1,338,000 is for development of
34.7the Swedish Immigrant Trail, including
34.8amenities in Taylors Falls connecting the
34.9trail to Interstate State Park;
34.10(2) $75,000 is for rehabilitation of Sunrise
34.11Prairie Trail;
34.12(3) $500,000 is for construction of the Lowell
34.13to Lakewalk Trail in Duluth;
34.14(4) $250,000 is for the Mesabi Trail;
34.15(5) $920,000 is for extensions and
34.16connections to the Rocori Trail;
34.17(6) $1,000,000 is for extensions and
34.18connections to the Lake Wobegon Trail;
34.19(7) $100,000 is for the Beaver Bay Trail,
34.20including trailhead amenities;
34.21(8) $468,000 is for extension of the Dakota
34.22Rail Trail to Lester Prairie;
34.23(9) $1,000,000 is for the Red Wing
34.24Riverfront;
34.25(10) $184,000 is for trail connections and
34.26camping facilities in Aitkin County for
34.27the Mississippi River parks and water trail
34.28project; and
34.29(11) $1,000,000 is for trail enhancement,
34.30land acquisition, and other improvements at
34.31Sauk River Regional Park.
34.32(k) The commissioner shall contract for
34.33services with Conservation Corps Minnesota
35.1for restoration, maintenance, and other
35.2activities under this section for at least
35.3$2,000,000 the first year and $2,000,000 the
35.4second year. A recipient of a grant awarded
35.5under this section must give consideration
35.6to and make timely written contact with
35.7Conservation Corps Minnesota for possible
35.8use of the corps' services to contract for
35.9restoration and enhancement services. For
35.10projects with the potential to need historic
35.11preservation services, the commissioner or
35.12a recipient of a grant awarded under this
35.13section must give consideration to and make
35.14timely written contact with the Northern
35.15Bedrock Conservation Corps for possible use
35.16of the corps' services.
| 35.17 |
Sec. 4. METROPOLITAN COUNCIL |
$ |
17,755,000 |
$ |
18,088,000 |
||
35.19the second year are for parks and trails of
35.20regional or statewide significance in the
35.21metropolitan area, distributed according to
35.22paragraphs (b) to (k).
35.23(b) $1,490,000 the first year and $1,541,000
35.24the second year are for grants to Anoka
35.25County for:
35.26(1) a trail connection for Bunker Hills
35.27Regional Park from Avocet Street;
35.28(2) restoration, including erosion repair,
35.29along Pleasure Creek and the Mississippi
35.30River Regional Trail at the Coon Rapids
35.31Dam Regional Park;
35.32(3) a new playground and surfacing at Lake
35.33George Regional Park;
36.1(4) land acquisition for the Rice Creek Chain
36.2of Lakes Park Reserve;
36.3(5) improvements at Rice Creek Chain of
36.4Lakes Park Reserve, including maintenance
36.5shop rehabilitation, road and parking
36.6construction, fencing, beach improvements,
36.7and roof repairs;
36.8(6) trail reconstruction under East River
36.9Road on the Rice Creek Chain of Lakes Park
36.10Reserve;
36.11(7) contracts with Conservation Corps
36.12Minnesota;
36.13(8) a volunteer or resource coordinator
36.14position;
36.15(9) a landscape designer or architect;
36.16(10) design, engineering, and construction of
36.17the Central Anoka County Regional Trail;
36.18(11) road rehabilitation at Lake George
36.19Regional Park;
36.20(12) reconstruction of a retaining wall on the
36.21Mississippi River Regional Trail;
36.22(13) a trail connection on the Mississippi
36.23River Regional Trail to connect Mississippi
36.24West Regional Park to the city of Ramsey;
36.25(14) improvements of the Heritage
36.26Laboratory/Day Camp at the Rice Creek
36.27Chain of Lakes Park Reserve; and
36.28(15) trail reconstruction on the Rice Creek
36.29North Regional Trail from Lexington Avenue
36.30to Golden Lake Elementary School.
36.31(c) $273,000 the first year and $283,000
36.32the second year are for grants to the city of
37.1Bloomington to reconstruct parking lots at the
37.2Hyland-Bush-Anderson Lakes Park Reserve.
37.3(d) $347,000 the first year and $361,000 the
37.4second year are for grants to Carver County
37.5to connect the Minnesota River Bluffs
37.6Regional Trail and Southwest Regional Trail
37.7and for trail and bridge construction on the
37.8Minnesota River Bluff Regional Trail.
37.9(e) $1,235,000 the first year and $1,277,000
37.10the second year are for grants to Dakota
37.11County for:
37.12(1) engineering to extend the Mississippi
37.13River Regional Trail and Big Rivers Regional
37.14Trails, including extensions to St. Paul, and
37.15to provide a connection to Lilydale Regional
37.16Trail;
37.17(2) a trail connection for the Mississippi
37.18River Regional Trail to connect St. Paul and
37.19to construct a bridge over railroad tracks;
37.20(3) engineering and construction of regional
37.21trail segments throughout the county;
37.22(4) engineering and construction of a bridge
37.23and trails through the Minnesota Zoological
37.24Garden on the North Creek Regional
37.25Greenway; and
37.26(5) resource management of the county's
37.27park and trail system.
37.28(f) $5,595,000 the first year and $5,256,000
37.29the second are for grants to the Minneapolis
37.30Park and Recreation Board for:
37.31(1) design and construction of trail loops,
37.32river access areas, landscapes, and storm
37.33water management improvements at Above
37.34the Falls Regional Park;
38.1(2) land acquisition at Above the Falls
38.2Regional Park;
38.3(3) a master plan and trail design for Central
38.4Mississippi Riverfront Regional Park;
38.5(4) design and construction of outdoor
38.6adventure recreational facilities in the
38.7Central Riverfront;
38.8(5) trail, path, and shoreline improvements
38.9and play area rehabilitation at
38.10Nokomis-Hiawatha Regional Park;
38.11(6) trail, shoreline, water access, picnic, sail
38.12boat facility, and concession improvements at
38.13Minneapolis Chain of Lakes Regional Park;
38.14(7) a bird sanctuary, trail stabilization, habitat
38.15restoration, accessibility improvements, and
38.16construction of new entrances at Minneapolis
38.17Chain of Lakes Regional Park; and
38.18(8) a trail connection for the Minnehaha
38.19Parkway Regional Trail below Lyndale
38.20Avenue.
38.21(g) $1,228,000 the first year and $1,523,000
38.22the second year are for grants to Ramsey
38.23County for:
38.24(1) wayfinding for cross-country ski trails
38.25at Battle Creek Regional Park, Tamarack
38.26Nature Center, and Grass-Vadnais-Snail
38.27Lakes Regional Park;
38.28(2) contracts with Conservation Corps
38.29Minnesota;
38.30(3) design and construction of an early
38.31learning center at Tamarack Nature Center
38.32and pedestrian connections, landscape
38.33restoration, signage, and other site amenities
38.34at Bald Eagle-Otter Lakes Regional Park;
39.1(4) improvements to Tamarack Nature
39.2Center;
39.3(5) building and supporting a volunteer corps
39.4for Tamarack Nature Center and Discovery
39.5Hollow;
39.6(6) trail development to connect Tamarack
39.7Nature Center to the Otter Lake boat launch;
39.8(7) a trail on Vadnais Lake, storm water
39.9management improvements, and site
39.10amenities at Grass-Vadnais-Snail Lakes
39.11Regional Park;
39.12(8) trail development and connection, storm
39.13water management improvements, and site
39.14amenities at Rice Creek North Regional
39.15Trail; and
39.16(9) the Bruce Vento Regional Trail.
39.17(h) $2,424,000 the first year and $2,507,000
39.18the second year are for grants to the city of
39.19Saint Paul for:
39.20(1) an education coordinator;
39.21(2) a volunteer coordinator;
39.22(3) Como Regional Park shuttle operation;
39.23(4) a trail connection to connect Harriet
39.24Island to the Mississippi Regional Trail;
39.25(5) Estabrook Road reconstruction and
39.26lighting upgrades at Como Regional Park;
39.27and
39.28(6) a trail connection and railroad bridge
39.29reconstruction at Lilydale Regional Park.
39.30(i) $620,000 the first year and $640,000 the
39.31second year are for grants to Scott County
39.32for an entrance road, parking, and trails at
39.33Cedar Lake Farm Regional Park.
40.1(j) $3,667,000 the first year and $3,796,000
40.2the second year are for grants to Three Rivers
40.3Park District for:
40.4(1) a trail connection to connect Grand
40.5Rounds to Nine Mile Creek Trail;
40.6(2) a trail bridge over County State-Aid
40.7Highway 19 for the Lake Minnetonka LRT
40.8Regional Trail;
40.9(3) trail construction on the Crystal Lake
40.10Regional Trail;
40.11(4) trail construction on the Bassett Creek
40.12Regional Trail;
40.13(5) trail construction on the Twin Lakes
40.14Regional Trail; and
40.15(6) trail construction on the Nine Mile Creek
40.16Regional Trail.
40.17(k) $876,000 the first year and $904,000 the
40.18second year are for grants to Washington
40.19County for:
40.20(1) parking, buildings, and other
40.21improvements at Swim Pond;
40.22(2) a trail connection that connects the Point
40.23Douglas Regional Trail to Wisconsin; and
40.24(3) improvements to Hardwood Creek
40.25Regional Trail, including extending the trail
40.26towards Bald Eagle Regional Park.
40.27(l) A recipient of a grant awarded under this
40.28section must give consideration to and make
40.29timely written contact with Conservation
40.30Corps Minnesota for possible use of corps
40.31services to contract for restoration and
40.32enhancement services. For projects with
40.33the potential to need historic preservation
41.1services, a recipient of a grant awarded
41.2under this section must give consideration
41.3to and make timely written contact with the
41.4Northern Bedrock Conservation Corps for
41.5possible use of the corps' services.
| 41.6 |
Sec. 5. LEGISLATURE |
$ |
5,000 |
$ |
5,000 |
||
41.8year are for the Legislative Coordinating
41.9Commission for the Web site required
41.10in Minnesota Statutes, section 3.303,
41.11subdivision 10, including detailed mapping.
41.12 Sec. 6. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
41.13 Subd. 35. Public official. "Public official" means any:
41.14 (1) member of the legislature;
41.15 (2) individual employed by the legislature as secretary of the senate, legislative
41.16auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
41.17legislative analyst, or attorney in the Office of Senate Counsel and Research or House
41.18Research;
41.19 (3) constitutional officer in the executive branch and the officer's chief administrative
41.20deputy;
41.21 (4) solicitor general or deputy, assistant, or special assistant attorney general;
41.22 (5) commissioner, deputy commissioner, or assistant commissioner of any state
41.23department or agency as listed in section
41.24officer;
41.25 (6) member, chief administrative officer, or deputy chief administrative officer of a
41.26state board or commission that has either the power to adopt, amend, or repeal rules under
41.27chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
41.28 (7) individual employed in the executive branch who is authorized to adopt, amend,
41.29or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
41.30 (8) executive director of the State Board of Investment;
41.31 (9) deputy of any official listed in clauses (7) and (8);
41.32 (10) judge of the Workers' Compensation Court of Appeals;
42.1 (11) administrative law judge or compensation judge in the State Office of
42.2Administrative Hearings or unemployment law judge in the Department of Employment
42.3and Economic Development;
42.4 (12) member, regional administrator, division director, general counsel, or operations
42.5manager of the Metropolitan Council;
42.6 (13) member or chief administrator of a metropolitan agency;
42.7 (14) director of the Division of Alcohol and Gambling Enforcement in the
42.8Department of Public Safety;
42.9 (15) member or executive director of the Higher Education Facilities Authority;
42.10 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
42.11 (17) member of the board of directors or executive director of the Minnesota State
42.12High School League;
42.13 (18) member of the Minnesota Ballpark Authority established in section
42.14 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
42.15 (20) manager of a watershed district, or member of a watershed management
42.16organization as defined under section
42.17 (21) supervisor of a soil and water conservation district;
42.18(22) director of Explore Minnesota Tourism;
42.19 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established
42.20in section 97A.056;
42.21(24) citizen member of the Clean Water Council established in section
42.22(25) member or chief executive of the Minnesota Sports Facilities Authority
42.23established in section
42.24(26) member of the Greater Minnesota Regional Parks and Trails Commission.
42.25 Sec. 7. [85.536] GREATER MINNESOTA REGIONAL PARKS AND TRAILS
42.26COMMISSION.
42.27 Subdivision 1. Establishment; purpose. The Greater Minnesota Regional Parks and
42.28Trails Commission is created to undertake system planning and provide recommendations
42.29to the legislature for grants funded by the parks and trails fund to counties and cities
42.30outside of the seven-county metropolitan area for parks and trails of regional significance.
42.31 Subd. 2. Commission. The commission shall include 12 members appointed by
42.32the governor representing each of the regional parks and trails districts determined under
42.33subdivision 3. Membership terms, compensation, removal of members, and filling of
42.34vacancies are as provided in section 15.0575.
43.1 Subd. 3. Districts; plans and hearings. (a) The commissioner of natural resources,
43.2in consultation with the Greater Minnesota Regional Parks and Trails Coalition, shall
43.3establish 12 regional parks and trails districts in the state encompassing the area outside the
43.4seven-county metropolitan area. The commissioner shall establish districts by combining
43.5counties and may not assign a county to more than one district.
43.6(b) Counties within each district may jointly prepare, after consultation with all
43.7affected municipalities, and submit to the commission, and from time to time revise
43.8and resubmit to the commission, a master plan for the acquisition and development of
43.9parks and trails of regional significance located within the district. The counties, after
43.10consultation with the commission, shall jointly hold a public hearing on the proposed plan
43.11and budget at a time and place determined by the counties. Not less than 15 days before
43.12the hearing, the counties shall provide notice of the hearing stating the date, time, and
43.13place of the hearing, and the place where the proposed plan and budget may be examined
43.14by any interested person. At any hearing, interested persons shall be permitted to present
43.15their views on the plan and budget.
43.16(c) The commission shall review each master plan to determine whether it meets
43.17the conditions of subdivision 4. If it does not, the commission shall return the plan with
43.18its comments to the district for revision and resubmittal.
43.19 Subd. 4. Regional significance. For a park or trail to be considered of regional
43.20significance under this section:
43.21(1) the park or trail must be natural resource-based;
43.22(2) at least 30 percent of the park or trail user visits in a calendar year must be from
43.23users who do not reside within the area of jurisdiction of the governmental unit that has
43.24the financial and legal responsibility to own, operate, and maintain the park or trail;
43.25(3) the total usage of the park or trail must exceed 20,000 visitors in a one-year period.
43.26Park or trail attendance may be demonstrated by validated survey methods, actual user
43.27data statistics, or another objective and quantifiable measure that is accurate and reliable;
43.28(4) for parks, the park must be at least 100 acres in size; and
43.29(5) for trails, the trail connects or will connect to existing state or regional trails as
43.30demonstrated by the applicant.
43.31 Subd. 5. Recommendations. (a) The commission shall submit biennial
43.32recommendations on appropriations of money from the parks and trails fund to the
43.33legislature no later than January 15 each odd-numbered year. The commission may submit
43.34supplemental recommendations by January 15 in even-numbered years.
43.35(b) In recommending grants under this section, the commission shall make
43.36recommendations consistent with master plans.
44.1(c) The commission shall determine recommended grant amounts through an
44.2adopted merit-based evaluation process that includes the level of local financial support.
44.3The evaluation process is not subject to the rulemaking provisions of chapter 14 and
44.4section 14.386 does not apply.
44.5(d) When recommending grants, the commission shall consider balance of the grant
44.6benefits across greater Minnesota. Grant requests offering a nonstate match of at least 25
44.7percent of the total eligible project costs shall be preferred.
44.8(e) Grants may be recommended only for:
44.9(1) parks and trails included in a plan approved by the commission under subdivision
44.103; and
44.11(2) trails that connect or will connect to existing state or regional trails as
44.12demonstrated by the applicant.
44.13 Subd. 6. Administration. The Department of Natural Resources shall provide
44.14administrative support for the commission.
44.15 Subd. 7. Chair. The commission shall annually elect from among its members a
44.16chair and other officers necessary for the performance of its duties.
44.17 Subd. 8. Meetings. The commission shall meet at least twice each year.
44.18Commission meetings are subject to chapter 13D.
44.19 Subd. 9. Conflict of interest. A member of the commission may not participate in
44.20or vote on a decision of the commission relating to an organization in which the member
44.21has either a direct or indirect financial interest.
44.22 Subd. 10. Definition. For purposes of this section, "commission" means the Greater
44.23Minnesota Regional Parks and Trails Commission established under this section.
44.24 Sec. 8. MISSISSIPPI WHITEWATER PARK.
44.25The appropriation in Laws 2003, chapter 128, article 1, section 5, subdivision 6,
44.26from the water recreation account in the natural resources fund for a cooperative project
44.27with the United States Army Corps of Engineers to develop the Mississippi Whitewater
44.28Park is available until June 30, 2018.
