Bill Text: MN HF656 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Clean Water Legacy Act; money appropriated from the clean water fund, act modified, membership and duties of the Clean Water Council revised, and appointments provided.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-01 - Referred by Chair to Legacy Funding Division [HF656 Detail]
Download: Minnesota-2011-HF656-Introduced.html
1.2relating to water; appropriating money from the clean water fund; modifying the
1.3Clean Water Legacy Act; revising membership and duties of the Clean Water
1.4Council; providing appointments;amending Minnesota Statutes 2010, sections
1.5114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; repealing
1.6Minnesota Statutes 2010, section 114D.45.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9The sums shown in the columns marked "Appropriations" are appropriated to the
1.10agencies and for the purposes specified in this act. The appropriations are from the clean
1.11water fund, and are available for the fiscal years indicated for allowable activities under
1.12the Minnesota Constitution, article XI, section 15. The figures "2012" and "2013" used
1.13in this act mean that the appropriation listed under them are available for the fiscal year
1.14ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
1.15"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013.
1.16The appropriations in this act are onetime.
1.22(a) $350,000 the first year and $350,000 the
1.23second year are to increase monitoring for
1.24pesticides and pesticide degradates in surface
2.1water and groundwater and to use data
2.2collected to assess pesticide use practices.
2.3(b) $850,000 the first year and $850,000
2.4the second year are to increase monitoring
2.5and evaluate trends in the concentration of
2.6nitrates in groundwater in high-risk areas
2.7and regionally and to promote and evaluate
2.8regional and crop-specific nutrient best
2.9management practices.
2.10(c) $5,000,000 the first year and $5,000,000
2.11the second year are for the agriculture best
2.12management practices loan program. At
2.13least $4,000,000 the first year and at least
2.14$4,400,000 the second year are for transfer to
2.15the clean water agricultural best management
2.16practices loan account and are available
2.17for pass-through to local governments
2.18and lenders for low-interest loans. Any
2.19unencumbered balance that is not used for
2.20pass-through to local governments does not
2.21cancel at the end of the first year and is
2.22available for the second year.
2.23(d) $700,000 the first year and $700,000
2.24the second year are for research, pilot
2.25projects, and technical assistance on proper
2.26implementation of best management
2.27practices and more precise information on
2.28unregulated contributions to impaired waters.
2.29(e) $1,050,000 the first year and $1,050,000
2.30the second year are for research to quantify
2.31agricultural contributions to impaired waters
2.32and for development and evaluation of
2.33best management practices to protect and
2.34restore water resources while maintaining
2.35productivity.
3.1(f) $250,000 the first year and $250,000 the
3.2second year are for a research inventory
3.3database containing water-related research
3.4activities that have been publicly funded.
3.6(a) $11,185,000 the first year and
3.7$11,185,000 the second year are for the total
3.8maximum daily load grant program under
3.9Minnesota Statutes, section 446A.073. This
3.10appropriation is available until spent.
3.11(b) $4,275,000 the first year and $4,275,000
3.12the second year are for the clean water legacy
3.13phosphorus reduction grant program under
3.14Minnesota Statutes, section 446A.074. This
3.15appropriation is available until spent.
3.16(c) $1,250,000 the first year and $1,250,000
3.17the second year are for small community
3.18wastewater treatment grants and loans under
3.19Minnesota Statutes, section 446A.075. This
3.20appropriation is available until spent.
3.21(d) If there are any uncommitted funds at the
3.22end of each fiscal year under paragraph (a),
3.23(b), or (c), the Public Facilities Authority
3.24shall award the remaining funds to eligible
3.25projects under any of the programs based on
3.26their priority rank on the Pollution Control
3.27Agency's project priority list.
3.29(a) $7,500,000 the first year and $7,500,000
3.30the second year are for completion of 20
3.31percent of the needed statewide assessments
3.32of surface water quality and trends.
4.1(b) $9,400,000 the first year and $9,400,000
4.2the second year are to develop total maximum
4.3daily load (TMDL) studies and TMDL
4.4implementation plans for waters listed on
4.5the United States Environmental Protection
4.6Agency approved impaired waters list in
4.7accordance with Minnesota Statutes, chapter
4.8114D. The agency shall complete an average
4.9of ten percent of the TMDL's each year over
4.10the biennium.
4.11(c) $1,125,000 the first year and $1,125,000
4.12the second year are for groundwater
4.13assessment, including enhancing the
4.14ambient monitoring network, modeling,
4.15and continuing to monitor for and assess
4.16contaminants of emerging concern.
4.17(d) $750,000 the first year and $750,000
4.18the second year are for a restoration project
4.19in the lower St. Louis River and Duluth
4.20harbor. This appropriation must be matched
4.21by nonstate money at a rate of $2 for every
4.22$1 of state money.
4.23(e) $1,250,000 the first year and $1,250,000
4.24the second year are for the clean water
4.25partnership program to provide grants
4.26to protect and improve the basins and
4.27watersheds of the state and provide financial
4.28and technical assistance to study waters
4.29with unregulated source pollution problems.
4.30Priority shall be given to projects preventing
4.31impairments and degradation of lakes, rivers,
4.32streams, and groundwater in accordance
4.33with Minnesota Statutes, section 114D.20,
4.34subdivision 2, clause (4). Any balance
5.1remaining in the first year does not cancel
5.2and is available for the second year.
5.3(f) $400,000 the first year and $400,000 the
5.4second year are for storm water research and
5.5guidance.
5.6(g) $1,150,000 the first year and $1,150,000
5.7the second year are for TMDL research and
5.8database development. By November 1,
5.92013, the commissioner shall submit a report
5.10to the chairs of the house of representatives
5.11and senate committees with jurisdiction
5.12over environment and natural resources
5.13finance on the outcomes achieved with this
5.14appropriation.
5.15(h) $800,000 the first year and $800,000
5.16the second year are for national pollutant
5.17discharge elimination system wastewater and
5.18storm water TMDL implementation efforts.
5.19The commissioner shall incorporate civic
5.20engagement and public education efforts into
5.21the programs and projects funded under this
5.22section.
5.23Notwithstanding Minnesota Statutes, section
5.2416A.28, the appropriations encumbered on or
5.25before June 30, 2013, as grants or contracts in
5.26this section are available until June 30, 2015.
5.29(a) $1,350,000 the first year and $1,350,000
5.30the second year are for the continuation and
5.31expansion of stream flow monitoring.
5.32(b) $1,150,000 the first year and $1,150,000
5.33the second year are for lake Index of
5.34Biological Integrity (IBI) assessments,
6.1including assessment of 400 additional lakes
6.2and technical analysis to develop an aquatic
6.3plant IBI analysis. The commissioner shall
6.4work with the commissioner of the Pollution
6.5Control Agency on the development of an
6.6assessment tool.
6.7(c) $130,000 the first year and $130,000
6.8the second year are for assessing mercury
6.9contamination of fish, including monitoring
6.10to track the status of waters impaired by
6.11mercury and mercury reduction efforts over
6.12time.
6.13(d) $1,955,000 the first year and $1,955,000
6.14the second year are for TMDL development
6.15and TMDL implementation plans for waters
6.16listed on the United States Environmental
6.17Protection Agency approved impaired waters
6.18list in accordance with Minnesota Statutes,
6.19chapter 114D, and for development of a
6.20watershed assessment tool.
6.21(e) $1,500,000 the first year and $1,500,000
6.22the second year are for water supply
6.23planning, aquifer protection, and monitoring
6.24activities.
6.25(f) $450,000 the first year and $450,000 the
6.26second year are for establishing a Web-based
6.27electronic permitting system to capture water
6.28appropriation use information.
6.29(g) $1,975,000 the first year and $1,975,000
6.30the second year are for shoreland
6.31stewardship, TMDL implementation
6.32coordination, providing technical assistance
6.33to the Drainage Work Group and Drainage
6.34Management Team, and maintaining and
6.35updating data. Of this amount, $235,000
7.1each year is for maintaining and updating
7.2watershed boundaries and integrating
7.3high-resolution digital elevation data with
7.4watershed modeling and $240,000 each year
7.5is for a biomonitoring database. TMDL
7.6implementation coordination efforts shall be
7.7focused on major watersheds with TMDL
7.8implementation plans, including forested
7.9watersheds.
7.10(h) $1,350,000 the first year and $1,350,000
7.11the second year are to acquire and distribute
7.12high-resolution digital elevation data using
7.13light detection and ranging to aid with
7.14impaired waters modeling and TMDL
7.15implementation under Minnesota Statutes,
7.16chapter 114D. The money shall be used to
7.17collect data for areas of the state that have not
7.18acquired such data prior to January 1, 2007,
7.19or to complete acquisition and distribution
7.20of the data for those areas of the state that
7.21have not previously received state funds for
7.22acquiring and distributing the data. Mapping
7.23and data set distribution under this paragraph
7.24must be completed within three years of
7.25funds availability. The commissioner shall
7.26utilize department staff whenever possible.
7.27The commissioner may contract for services
7.28only if the services cannot otherwise be
7.29provided by the department.
7.30(i) $300,000 the first year and $300,000
7.31the second year are for delivery of decision
7.32support tools through outreach, education,
7.33and citizen engagement.
8.1(a) $13,750,000 the first year and $13,750,000
8.2the second year are for pollution reduction
8.3and restoration grants to local government
8.4units and joint powers organizations of
8.5local government units to protect surface
8.6water and drinking water; to keep water on
8.7the land; to protect, enhance, and restore
8.8water quality in lakes, rivers, and streams;
8.9and to protect groundwater and drinking
8.10water, including feedlot water quality and
8.11subsurface sewage treatment system (SSTS)
8.12projects and stream bank, stream channel,
8.13and shoreline restoration projects. The
8.14projects must be of long-lasting public
8.15benefit, include a match, and be consistent
8.16with TMDL implementation plans or local
8.17water management plans. The board shall
8.18contract for services with Conservation Corps
8.19Minnesota for restoration, maintenance, and
8.20other activities under this paragraph for at
8.21least $500,000 the first year and at least
8.22$500,000 the second year.
8.23(b) $3,000,000 the first year and $3,000,000
8.24the second year are for targeted local
8.25resource protection and enhancement grants.
8.26The board shall give priority consideration
8.27to projects and practices that complement,
8.28supplement, or exceed current state standards
8.29for protection, enhancement, and restoration
8.30of water quality in lakes, rivers, and streams
8.31or that protect groundwater from degradation.
8.32(c) $900,000 the first year and $900,000 the
8.33second year are to provide state oversight
8.34and accountability, evaluate results, and
8.35measure the value of conservation program
8.36implementation by local governments,
9.1including submission to the legislature
9.2by March 1 each year an annual report
9.3prepared by the board, in consultation with
9.4the commissioners of natural resources,
9.5health, agriculture, and the Pollution Control
9.6Agency, detailing the recipients and projects
9.7funded under this section. The board shall
9.8require grantees to specify the outcomes that
9.9will be achieved by the grants prior to any
9.10grant awards.
9.11(d) $1,000,000 the first year and $1,000,000
9.12the second year are for technical assistance
9.13and grants for the conservation drainage
9.14program in consultation with the Drainage
9.15Work Group that consists of projects to
9.16retrofit existing drainage systems with
9.17water quality improvement practices,
9.18evaluate outcomes, and provide outreach
9.19to landowners, public drainage authorities,
9.20drainage engineers and contractors, and
9.21others.
9.22(e) $6,000,000 the first year and $6,000,000
9.23the second year are to purchase and restore
9.24permanent conservation easements on
9.25riparian buffers adjacent to public waters,
9.26excluding wetlands, to keep water on the
9.27land in order to decrease sediment, pollutant,
9.28and nutrient transport; reduce hydrologic
9.29impacts to surface waters; and increase
9.30infiltration for groundwater recharge. The
9.31riparian buffers must be at least 50 feet
9.32unless there is a natural impediment, a road,
9.33or other impediment beyond the control
9.34of the landowner. This appropriation may
9.35be used for restoration of riparian buffers
9.36protected by easements purchased with
10.1this appropriation and for stream bank
10.2restorations when the riparian buffers have
10.3been restored.
10.4(f) $1,000,000 the first year and $1,000,000
10.5the second year are for permanent
10.6conservation easements on wellhead
10.7protection areas under Minnesota Statutes,
10.8section 103F.515, subdivision 2, paragraph
10.9(d). Priority must be placed on land that
10.10is located where the vulnerability of the
10.11drinking water supply management area,
10.12as defined under Minnesota Rules, part
10.134720.5100, subpart 13, is designated as high
10.14or very high by the commissioner of health.
10.15(g) $1,500,000 the first year and $1,500,000
10.16the second year are for community partners
10.17grants to local units of government for:
10.18(i) structural or vegetative management
10.19practices that reduce storm water runoff
10.20from developed or disturbed lands to reduce
10.21the movement of sediment, nutrients, and
10.22pollutants for restoration, protection, or
10.23enhancement of water quality in lakes, rivers,
10.24and streams and to protect groundwater
10.25and drinking water; and (ii) installation
10.26of proven and effective water retention
10.27practices including, but not limited to, rain
10.28gardens and other vegetated infiltration
10.29basins and sediment control basins in order
10.30to keep water on the land. The projects
10.31must be of long-lasting public benefit,
10.32include a local match, and be consistent with
10.33TMDL implementation plans or local water
10.34management plans. Local government unit
10.35staff and administration costs may be used
10.36as a match.
11.1(h) $42,000 the first year and $42,000 the
11.2second year are for a technical assistance
11.3panel to conduct up to ten restoration audits
11.4under Minnesota Statutes, section 114D.50,
11.5subdivision 6.
11.6The board shall incorporate efforts to enhance
11.7local capacity to engage the public during
11.8restoration, protection, and implementation
11.9projects and activities through the board's
11.10programs and projects funded under this
11.11section.
11.12The board may shift grant or cost-share funds
11.13in this section and may adjust the technical
11.14and administrative assistance portion of the
11.15funds to leverage federal or other nonstate
11.16funds or to address oversight responsibilities
11.17or high-priority needs identified in local
11.18water management plans.
11.19The appropriations in this section are
11.20available until June 30, 2014, and, unless
11.21otherwise specified, the board may utilize up
11.22to five percent for administration of grant and
11.23easement programs and up to five percent for
11.24technical design, construction, and project
11.25oversight.
11.27(a) $1,020,000 the first year and $1,020,000
11.28the second year are for addressing public
11.29health concerns related to contaminants
11.30found in Minnesota drinking water for which
11.31no health-based drinking water standard
11.32exists.
12.1(b) $1,415,000 the first year and $1,415,000
12.2the second year are for protection of drinking
12.3water sources.
12.4(c) $250,000 the first year and $250,000 the
12.5second year are for cost-share assistance to
12.6public and private well owners for up to 50
12.7percent of the cost of sealing unused wells.
12.9$500,000 the first year and $500,000 the
12.10second year are for implementation of the
12.11master water supply plan developed under
12.12Minnesota Statutes, section 473.1565.
12.14$5,000 the first year and $5,000 the
12.15second year are for the Legislative
12.16Coordinating Commission for the costs of
12.17developing and implementing a Web site to
12.18contain information on projects receiving
12.19appropriations from the clean water fund and
12.20other constitutionally dedicated funds.
12.21 Sec. 10. Minnesota Statutes 2010, section 114D.10, is amended to read:
12.22114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
12.23 Subdivision 1. Purpose. The purpose of the Clean Water Legacy Act is to protect,
12.24enhance, and restore, and preserve the water quality of Minnesota's surface waters in
12.25lakes, rivers, and streams and to protect groundwater from degradation, by providing
12.26authority, direction, and resources to achieve and maintain water quality standards for
12.27groundwater and surface watersas, including the standards required by section 303(d)
12.28of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other
12.29applicable state and federal regulations.
12.30 Subd. 2. Findings. The legislature finds that:
12.31(1) there is a close link between protecting, enhancing, and restoring, and preserving
12.32the quality of Minnesota's groundwater and surface waters and the ability to develop the
12.33state's economy, enhance its quality of life, and protect its human and natural resources;
13.1(2) achieving the state's water quality goals will require long-term commitment and
13.2cooperation by all state and local agencies, and other public and private organizations
13.3and individuals, with responsibility and authority for water management, planning, and
13.4protection; and
13.5(3) all persons and organizations whose activities affect the quality of waters,
13.6includingpoint regulated and nonpoint unregulated sources of pollution, have a
13.7responsibility to participate in and support efforts to achieve the state's water quality goals.
13.8 Sec. 11. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:
13.9 Subdivision 1. Coordination and cooperation. In implementing this chapter,
13.10public agencies and private entities shall take into consideration the relevant provisions of
13.11local and other applicable water management, conservation, land use, land management,
13.12and development plans and programs. Public agencies with authority for local water
13.13management, conservation, land use, land management, and development plans shall
13.14take into consideration the manner in which their plans affect the implementation of
13.15this chapter. Public agencies shall identify opportunities to participate and assist in the
13.16successful implementation of this chapter, including the funding or technical assistance
13.17needs, if any, that may be necessary. In implementing this chapter, public agencies shall
13.18endeavor to engage the cooperation of organizations and individuals whose activities
13.19affect the quality of groundwater or surface waters, includingpoint regulated and nonpoint
13.20unregulated sources of pollution, and who have authority and responsibility for water
13.21management, planning, and protection. To the extent practicable, public agencies shall
13.22endeavor to enter into formal and informal agreements and arrangements with federal
13.23agencies and departments to jointly utilize staff and educational, technical, and financial
13.24resources to deliver programs or conduct activities to achieve the intent of this chapter,
13.25including efforts under the federal Clean Water Act and other federal farm and soil and
13.26water conservation programs. Nothing in this chapter affects the application of silvicultural
13.27exemptions under any federal, state, or local law or requires silvicultural practices more
13.28stringent than those recommended in the timber harvesting and forest management
13.29guidelines adopted by the Minnesota Forest Resources Council under section89A.05 .
13.30 Sec. 12. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
13.31 Subd. 2. Goals for implementation. The following goals must guide the
13.32implementation of this chapter:
14.1(1) to identify impaired waters in accordance with federal TMDL requirements
14.2within ten years after the effective date of this section and thereafter to ensure continuing
14.3evaluation of surface waters for impairments;
14.4(2) to submit TMDL's to the United States Environmental Protection Agency for all
14.5impaired waters in a timely manner in accordance with federal TMDL requirements;
14.6(3) to set a reasonable time for implementing restoration of each identified impaired
14.7water;
14.8(4) to provide assistance and incentives to prevent waters from becoming impaired
14.9and to improve the quality of waters that are listed as impaired but do not have an
14.10approved TMDL addressing the impairment;
14.11(5) to promptly seek the delisting of waters from the impaired waters list when those
14.12waters are shown to achieve the designated uses applicable to the waters;and
14.13(6) to achieve compliance with federal Clean Water Act requirements in Minnesota.;
14.14(7) to support effective measures to prevent the degradation of groundwater
14.15according to the groundwater degradation prevention goal under section 103H.001; and
14.16(8) to support effective measures to restore degraded groundwater.
14.17 Sec. 13. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:
14.18 Subd. 3. Implementation policies. The following policies must guide the
14.19implementation of this chapter:
14.20(1) develop regional and watershed TMDL's and TMDL implementation plans, and
14.21TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
14.22feasible;
14.23(2) maximize use of available organizational, technical, and financial resources to
14.24perform sampling, monitoring, and other activities to identify degraded groundwater and
14.25impaired waters, including use of citizen monitoring and citizen monitoring data used
14.26by the Pollution Control Agency in assessing water qualitymust meet that meets the
14.27requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
14.28Pollution Control Agency (2003);
14.29(3) maximize opportunities for restoration of degraded groundwater and impaired
14.30waters, by prioritizing and targeting of available programmatic, financial, and technical
14.31resources and by providing additional state resources to complement and leverage
14.32available resources;
14.33(4) use existing regulatory authorities to achieve restoration forpoint regulated and
14.34nonpoint unregulated sources of pollution where applicable, and promote the development
15.1and use of effective nonregulatory measures to address pollution sources for which
15.2regulations are not applicable;
15.3(5) use restoration methods that have a demonstrated effectiveness in reducing
15.4impairments and provide the greatest long-term positive impact on water quality protection
15.5and improvement and related conservation benefits while incorporating innovative
15.6approaches on a case-by-case basis;
15.7(6) identify for the legislature any innovative approaches that may strengthen or
15.8complement existing programs;
15.9(7) identify and encourage implementation of measures to prevent surface waters
15.10from becoming impaired and to improve the quality of waters that are listed as impaired
15.11but have no approved TMDL addressing the impairment using the best available data and
15.12technology, and establish and report outcome-based performance measures that monitor
15.13the progress and effectiveness of protection and restoration measures;and
15.14(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
15.15amount up to 150 percent of the financial assistance received for failure to comply.; and
15.16(9) identify and encourage implementation of measures to prevent groundwater from
15.17becoming degraded and measures that restore groundwater resources.
15.18 Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:
15.19 Subd. 6. Priorities for restoration of impaired waters. In implementing
15.20restoration of impaired waters, in addition to the priority considerations in subdivision 5,
15.21the Clean Water Council shall give priority in its recommendations for restoration funding
15.22from the clean waterlegacy account fund to restoration projects that:
15.23(1) coordinate with and utilize existing local authorities and infrastructure for
15.24implementation;
15.25(2) can be implemented in whole or in part by providing support for existing or
15.26ongoing restoration efforts;
15.27(3) most effectively leverage other sources of restoration funding, including federal,
15.28state, local, and private sources of funds;
15.29(4) show a high potential for early restoration and delisting based upon scientific
15.30data developed through public agency or citizen monitoring or other means; and
15.31(5) show a high potential for long-term water quality and related conservation
15.32benefits.
15.33 Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:
16.1 Subd. 7. Priorities for funding prevention actions. The Clean Water Council
16.2shall apply the priorities applicable under subdivision 6, as far as practicable, when
16.3recommending priorities for funding actions to prevent groundwater and surface waters
16.4from becoming degraded or impaired and to improve the quality of surface waters that are
16.5listed as impaired but do not have an approved TMDL.
16.6 Sec. 16. Minnesota Statutes 2010, section 114D.30, is amended to read:
16.7114D.30 CLEAN WATER COUNCIL.
16.8 Subdivision 1. Creation; duties. A Clean Water Council is created to advise on the
16.9administration and implementation of this chapter, and foster coordination and cooperation
16.10as described in section114D.20, subdivision 1 . The council may also advise on the
16.11development of appropriate processes for expert scientific review as described in section
16.12114D.35
, subdivision 2. The Pollution Control Agency shall provide administrative
16.13support for the council with the support of other member agencies. The members of the
16.14council shall elect a chair from thenonagency voting members of the council.
16.15 Subd. 2. Membership; appointment. (a) The commissioners of natural resources,
16.16agriculture, health, and the Pollution Control Agency, and the executive director of the
16.17Board of Water and Soil Resources shall appoint one person from their respective agency
16.18to serve as a nonvoting member of the council.Agency members serve as nonvoting
16.19members of the council. Two members of the house of representatives, including one
16.20member from the majority party and one member from the minority party, appointed by
16.21the speaker and two senators, including one member from the majority party and one
16.22member from the minority party, appointed according to the rules of the senate shall
16.23serve at the pleasure of the appointing authority as nonvoting members of the council.
16.24Agency and legislative members appointed under this paragraph serve as nonvoting
16.25members of the council.
16.26(b) Nineteenadditional nonagency voting members of the council shall be appointed
16.27by the governor as follows:
16.28(1) two members representing statewide farm organizations;
16.29(2) two members representing business organizations;
16.30(3) two members representing environmental organizations;
16.31(4) one member representing soil and water conservation districts;
16.32(5) one member representing watershed districts;
16.33(6) one member representing nonprofit organizations focused on improvement of
16.34Minnesota lakes or streams;
17.1(7) two members representing organizations of county governments, one member
17.2representing the interests of rural counties and one member representing the interests of
17.3counties in the seven-county metropolitan area;
17.4(8) two members representing organizations of city governments;
17.5(9) one member representing the Metropolitan Council established under section
17.6473.123
;
17.7(10) one township officer;
17.8(11) one member representing the interests of tribal governments;
17.9(12) one member representing statewide hunting organizations;
17.10(13) one member representing the University of Minnesota or a Minnesota state
17.11university; and
17.12(14) one member representing statewide fishing organizations.
17.13Members appointed underclauses (1) to (14) this paragraph must not be registered
17.14lobbyists or legislators. In making appointments, the governor must attempt to provide for
17.15geographic balance. The members of the council appointed by the governor are subject
17.16to the advice and consent of the senate.
17.17 Subd. 3. Conflict of interest. A Clean Water Council member may not participate
17.18in or vote on a decision of the council relating to an organization in which the member has
17.19either a direct or indirect personal financial interest. While serving on the Clean Water
17.20Council, a member shall avoid any potential conflict of interest.
17.21 Subd. 4. Terms; compensation; removal.The initial terms of members
17.22representing state agencies and the Metropolitan Council expire on the first Monday in
17.23January 2007. Thereafter, The terms of members representing the state agencies and the
17.24Metropolitan Council are four years and are coterminous with the governor. The terms
17.25of other nonlegislative members of the council shall be as provided in section15.059 ,
17.26subdivision 2. Members may serve until their successors are appointed and qualify.
17.27Compensation and removal of nonlegislative council members is as provided in section
17.2815.059
, subdivisions 3 and 4. Compensation of legislative members is as determined
17.29by the appointing authority. A vacancy on the council may be filled by the appointing
17.30authority provided in subdivision 1 for the remainder of the unexpired term.
17.31 Subd. 5. Implementation plan. The Clean Water Council shall recommend a plan
17.32for implementation of this chapter and the provisions of article XI, section 15, of the
17.33Minnesota Constitution relating to clean water. The recommended plan shall address
17.34general procedures and time frames for implementing this chapter, and shall include a more
17.35specific implementation work plan for the next fiscal biennium and a framework for setting
17.36priorities to address impaired waters consistent with section114D.20 , subdivisions 2 to 7.
18.1The council shall issuethe first recommended plan under this subdivision by December 1,
18.22005, and shall issue a revised plan by December 1 of each even-numbered year thereafter.
18.3 Subd. 6. Recommendations on appropriation of funds. (a) The Clean Water
18.4Council shall recommend to the governor and the legislature the manner in which
18.5money from the clean waterlegacy account fund should be appropriated for the purposes
18.6identified in section
114D.45, subdivision 3 stated in article XI, section 15, of the
18.7Minnesota Constitution and section 114D.50.
18.8(b) The council's recommendations must:
18.9(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and
18.10to protect groundwater from degradation, consistent with the purposes stated in section
18.11114D.50, subdivision 3;
18.12(2) be consistent with the purposes, policies, goals, and priorities insections
18.13114D.05 to
114D.35, this chapter; and shall
18.14(3) allocate adequate support and resources to identify degraded groundwater and
18.15impaired waters, develop TMDL's, implement restoration of groundwater and impaired
18.16waters, and provide assistance and incentives to prevent groundwater and surface waters
18.17from becoming degraded or impaired and improve the quality of surface waters which are
18.18listed as impaired but have no approved TMDL.
18.19(c) The council must recommend methods of ensuring that awards of grants,
18.20loans, or other funds from the clean waterlegacy account fund specify the outcomes
18.21to be achieved as a result of the funding and specify standards to hold the recipient
18.22accountable for achieving the desired outcomes. Expenditures from theaccount fund must
18.23be appropriated by law.
18.24 Subd. 7. Biennial report to legislature. By December 1 of each even-numbered
18.25year, the council shall submit a report to the legislature on the activities for which money
18.26has been or will be spent for the current biennium, the activities for which money is
18.27recommended to be spent in the next biennium, and the impact on economic development
18.28of the implementation of efforts to protect and restore groundwater and the impaired waters
18.29program. The report due on December 1, 2014, must include an evaluation of the progress
18.30made through June 30, 2014, in implementing this chapter and the provisions of article XI,
18.31section 15, of the Minnesota Constitution relating to clean water, the need for funding of
18.32future implementationof those sections, and recommendations for the sources of funding.
18.33 Sec. 17. Minnesota Statutes 2010, section 114D.35, is amended to read:
18.34114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
18.35REVIEW; EDUCATION.
19.1 Subdivision 1. Public and stakeholder participation. Public agencies and private
19.2entities involved in the implementation of this chapter shall encourage participation by
19.3the public and stakeholders, including local citizens, landowners and managers, and
19.4public and private organizations, inthe identification of identifying impaired waters, in
19.5developing TMDL's,and in planning, priority setting, and implementing restoration of
19.6impaired waters, in identifying degraded groundwater, and in protecting and restoring
19.7groundwater resources. In particular, the Pollution Control Agency shall make reasonable
19.8efforts to provide timely information to the public and to stakeholders about impaired
19.9waters that have been identified by the agency. The agency shall seek broad and early
19.10public and stakeholder participation in scoping the activities necessary to develop a
19.11TMDL, including the scientific models, methods, and approaches to be used in TMDL
19.12development, and to implement restoration pursuant to section114D.15 , subdivision 7.
19.13 Subd. 2. Expert scientific advice. The Clean Water Council and public agencies
19.14and private entities shall make use of available public and private expertise from
19.15educational, research, and technical organizations, including the University of Minnesota
19.16and other higher education institutions, to provide appropriate independent expert advice
19.17on models, methods, and approaches used in identifying degraded ground water and
19.18impaired waters, developing TMDL's, and implementing prevention and restoration.
19.19 Subd. 3. Education. The Clean Water Council shall develop strategies for
19.20informing, educating, and encouraging the participation of citizens, stakeholders,
19.21and others regarding the identification of impaired waters, development of TMDL's,
19.22development of TMDL implementation plans,and implementation of restoration for
19.23impaired waters, identification of degraded groundwater, and protection and restoration
19.24of groundwater resources. Public agencies shall be responsible for implementing the
19.25strategies.
19.26 Sec. 18. AVAILABILITY OF APPROPRIATIONS.
19.27Money appropriated in this act may not be spent on activities unless they are directly
19.28related to and necessary for a specific appropriation. Money appropriated in this act must
19.29not be spent on indirect costs or other institutional overhead charges.
19.30 Sec. 19. REPEALER.
19.31Minnesota Statutes 2010, section 114D.45, is repealed.
1.3Clean Water Legacy Act; revising membership and duties of the Clean Water
1.4Council; providing appointments;amending Minnesota Statutes 2010, sections
1.5114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; repealing
1.6Minnesota Statutes 2010, section 114D.45.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.8 |
Section 1. CLEAN WATER FUND APPROPRIATIONS. |
||||||
1.10agencies and for the purposes specified in this act. The appropriations are from the clean
1.11water fund, and are available for the fiscal years indicated for allowable activities under
1.12the Minnesota Constitution, article XI, section 15. The figures "2012" and "2013" used
1.13in this act mean that the appropriation listed under them are available for the fiscal year
1.14ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
1.15"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013.
1.16The appropriations in this act are onetime.
| 1.17 |
APPROPRIATIONS |
||||||
| 1.18 |
Available for the Year |
||||||
| 1.19 |
Ending June 30 |
||||||
| 1.20 |
2012 |
2013 |
|||||
| 1.21 |
Sec. 2. DEPARTMENT OF AGRICULTURE |
$ |
8,200,000 |
$ |
8,200,000 |
||
1.23second year are to increase monitoring for
1.24pesticides and pesticide degradates in surface
2.1water and groundwater and to use data
2.2collected to assess pesticide use practices.
2.3(b) $850,000 the first year and $850,000
2.4the second year are to increase monitoring
2.5and evaluate trends in the concentration of
2.6nitrates in groundwater in high-risk areas
2.7and regionally and to promote and evaluate
2.8regional and crop-specific nutrient best
2.9management practices.
2.10(c) $5,000,000 the first year and $5,000,000
2.11the second year are for the agriculture best
2.12management practices loan program. At
2.13least $4,000,000 the first year and at least
2.14$4,400,000 the second year are for transfer to
2.15the clean water agricultural best management
2.16practices loan account and are available
2.17for pass-through to local governments
2.18and lenders for low-interest loans. Any
2.19unencumbered balance that is not used for
2.20pass-through to local governments does not
2.21cancel at the end of the first year and is
2.22available for the second year.
2.23(d) $700,000 the first year and $700,000
2.24the second year are for research, pilot
2.25projects, and technical assistance on proper
2.26implementation of best management
2.27practices and more precise information on
2.28unregulated contributions to impaired waters.
2.29(e) $1,050,000 the first year and $1,050,000
2.30the second year are for research to quantify
2.31agricultural contributions to impaired waters
2.32and for development and evaluation of
2.33best management practices to protect and
2.34restore water resources while maintaining
2.35productivity.
3.1(f) $250,000 the first year and $250,000 the
3.2second year are for a research inventory
3.3database containing water-related research
3.4activities that have been publicly funded.
| 3.5 |
Sec. 3. PUBLIC FACILITIES AUTHORITY |
$ |
16,710,000 |
$ |
16,710,000 |
||
3.7$11,185,000 the second year are for the total
3.8maximum daily load grant program under
3.9Minnesota Statutes, section 446A.073. This
3.10appropriation is available until spent.
3.11(b) $4,275,000 the first year and $4,275,000
3.12the second year are for the clean water legacy
3.13phosphorus reduction grant program under
3.14Minnesota Statutes, section 446A.074. This
3.15appropriation is available until spent.
3.16(c) $1,250,000 the first year and $1,250,000
3.17the second year are for small community
3.18wastewater treatment grants and loans under
3.19Minnesota Statutes, section 446A.075. This
3.20appropriation is available until spent.
3.21(d) If there are any uncommitted funds at the
3.22end of each fiscal year under paragraph (a),
3.23(b), or (c), the Public Facilities Authority
3.24shall award the remaining funds to eligible
3.25projects under any of the programs based on
3.26their priority rank on the Pollution Control
3.27Agency's project priority list.
| 3.28 |
Sec. 4. POLLUTION CONTROL AGENCY |
$ |
22,375,000 |
$ |
22,375,000 |
||
3.30the second year are for completion of 20
3.31percent of the needed statewide assessments
3.32of surface water quality and trends.
4.1(b) $9,400,000 the first year and $9,400,000
4.2the second year are to develop total maximum
4.3daily load (TMDL) studies and TMDL
4.4implementation plans for waters listed on
4.5the United States Environmental Protection
4.6Agency approved impaired waters list in
4.7accordance with Minnesota Statutes, chapter
4.8114D. The agency shall complete an average
4.9of ten percent of the TMDL's each year over
4.10the biennium.
4.11(c) $1,125,000 the first year and $1,125,000
4.12the second year are for groundwater
4.13assessment, including enhancing the
4.14ambient monitoring network, modeling,
4.15and continuing to monitor for and assess
4.16contaminants of emerging concern.
4.17(d) $750,000 the first year and $750,000
4.18the second year are for a restoration project
4.19in the lower St. Louis River and Duluth
4.20harbor. This appropriation must be matched
4.21by nonstate money at a rate of $2 for every
4.22$1 of state money.
4.23(e) $1,250,000 the first year and $1,250,000
4.24the second year are for the clean water
4.25partnership program to provide grants
4.26to protect and improve the basins and
4.27watersheds of the state and provide financial
4.28and technical assistance to study waters
4.29with unregulated source pollution problems.
4.30Priority shall be given to projects preventing
4.31impairments and degradation of lakes, rivers,
4.32streams, and groundwater in accordance
4.33with Minnesota Statutes, section 114D.20,
4.34subdivision 2, clause (4). Any balance
5.1remaining in the first year does not cancel
5.2and is available for the second year.
5.3(f) $400,000 the first year and $400,000 the
5.4second year are for storm water research and
5.5guidance.
5.6(g) $1,150,000 the first year and $1,150,000
5.7the second year are for TMDL research and
5.8database development. By November 1,
5.92013, the commissioner shall submit a report
5.10to the chairs of the house of representatives
5.11and senate committees with jurisdiction
5.12over environment and natural resources
5.13finance on the outcomes achieved with this
5.14appropriation.
5.15(h) $800,000 the first year and $800,000
5.16the second year are for national pollutant
5.17discharge elimination system wastewater and
5.18storm water TMDL implementation efforts.
5.19The commissioner shall incorporate civic
5.20engagement and public education efforts into
5.21the programs and projects funded under this
5.22section.
5.23Notwithstanding Minnesota Statutes, section
5.2416A.28, the appropriations encumbered on or
5.25before June 30, 2013, as grants or contracts in
5.26this section are available until June 30, 2015.
| 5.27 5.28 |
Sec. 5. DEPARTMENT OF NATURAL RESOURCES |
$ |
10,160,000 |
$ |
10,160,000 |
||
5.30the second year are for the continuation and
5.31expansion of stream flow monitoring.
5.32(b) $1,150,000 the first year and $1,150,000
5.33the second year are for lake Index of
5.34Biological Integrity (IBI) assessments,
6.1including assessment of 400 additional lakes
6.2and technical analysis to develop an aquatic
6.3plant IBI analysis. The commissioner shall
6.4work with the commissioner of the Pollution
6.5Control Agency on the development of an
6.6assessment tool.
6.7(c) $130,000 the first year and $130,000
6.8the second year are for assessing mercury
6.9contamination of fish, including monitoring
6.10to track the status of waters impaired by
6.11mercury and mercury reduction efforts over
6.12time.
6.13(d) $1,955,000 the first year and $1,955,000
6.14the second year are for TMDL development
6.15and TMDL implementation plans for waters
6.16listed on the United States Environmental
6.17Protection Agency approved impaired waters
6.18list in accordance with Minnesota Statutes,
6.19chapter 114D, and for development of a
6.20watershed assessment tool.
6.21(e) $1,500,000 the first year and $1,500,000
6.22the second year are for water supply
6.23planning, aquifer protection, and monitoring
6.24activities.
6.25(f) $450,000 the first year and $450,000 the
6.26second year are for establishing a Web-based
6.27electronic permitting system to capture water
6.28appropriation use information.
6.29(g) $1,975,000 the first year and $1,975,000
6.30the second year are for shoreland
6.31stewardship, TMDL implementation
6.32coordination, providing technical assistance
6.33to the Drainage Work Group and Drainage
6.34Management Team, and maintaining and
6.35updating data. Of this amount, $235,000
7.1each year is for maintaining and updating
7.2watershed boundaries and integrating
7.3high-resolution digital elevation data with
7.4watershed modeling and $240,000 each year
7.5is for a biomonitoring database. TMDL
7.6implementation coordination efforts shall be
7.7focused on major watersheds with TMDL
7.8implementation plans, including forested
7.9watersheds.
7.10(h) $1,350,000 the first year and $1,350,000
7.11the second year are to acquire and distribute
7.12high-resolution digital elevation data using
7.13light detection and ranging to aid with
7.14impaired waters modeling and TMDL
7.15implementation under Minnesota Statutes,
7.16chapter 114D. The money shall be used to
7.17collect data for areas of the state that have not
7.18acquired such data prior to January 1, 2007,
7.19or to complete acquisition and distribution
7.20of the data for those areas of the state that
7.21have not previously received state funds for
7.22acquiring and distributing the data. Mapping
7.23and data set distribution under this paragraph
7.24must be completed within three years of
7.25funds availability. The commissioner shall
7.26utilize department staff whenever possible.
7.27The commissioner may contract for services
7.28only if the services cannot otherwise be
7.29provided by the department.
7.30(i) $300,000 the first year and $300,000
7.31the second year are for delivery of decision
7.32support tools through outreach, education,
7.33and citizen engagement.
| 7.34 7.35 |
Sec. 6. BOARD OF WATER AND SOIL RESOURCES |
$ |
27,192,000 |
$ |
27,192,000 |
||
8.2the second year are for pollution reduction
8.3and restoration grants to local government
8.4units and joint powers organizations of
8.5local government units to protect surface
8.6water and drinking water; to keep water on
8.7the land; to protect, enhance, and restore
8.8water quality in lakes, rivers, and streams;
8.9and to protect groundwater and drinking
8.10water, including feedlot water quality and
8.11subsurface sewage treatment system (SSTS)
8.12projects and stream bank, stream channel,
8.13and shoreline restoration projects. The
8.14projects must be of long-lasting public
8.15benefit, include a match, and be consistent
8.16with TMDL implementation plans or local
8.17water management plans. The board shall
8.18contract for services with Conservation Corps
8.19Minnesota for restoration, maintenance, and
8.20other activities under this paragraph for at
8.21least $500,000 the first year and at least
8.22$500,000 the second year.
8.23(b) $3,000,000 the first year and $3,000,000
8.24the second year are for targeted local
8.25resource protection and enhancement grants.
8.26The board shall give priority consideration
8.27to projects and practices that complement,
8.28supplement, or exceed current state standards
8.29for protection, enhancement, and restoration
8.30of water quality in lakes, rivers, and streams
8.31or that protect groundwater from degradation.
8.32(c) $900,000 the first year and $900,000 the
8.33second year are to provide state oversight
8.34and accountability, evaluate results, and
8.35measure the value of conservation program
8.36implementation by local governments,
9.1including submission to the legislature
9.2by March 1 each year an annual report
9.3prepared by the board, in consultation with
9.4the commissioners of natural resources,
9.5health, agriculture, and the Pollution Control
9.6Agency, detailing the recipients and projects
9.7funded under this section. The board shall
9.8require grantees to specify the outcomes that
9.9will be achieved by the grants prior to any
9.10grant awards.
9.11(d) $1,000,000 the first year and $1,000,000
9.12the second year are for technical assistance
9.13and grants for the conservation drainage
9.14program in consultation with the Drainage
9.15Work Group that consists of projects to
9.16retrofit existing drainage systems with
9.17water quality improvement practices,
9.18evaluate outcomes, and provide outreach
9.19to landowners, public drainage authorities,
9.20drainage engineers and contractors, and
9.21others.
9.22(e) $6,000,000 the first year and $6,000,000
9.23the second year are to purchase and restore
9.24permanent conservation easements on
9.25riparian buffers adjacent to public waters,
9.26excluding wetlands, to keep water on the
9.27land in order to decrease sediment, pollutant,
9.28and nutrient transport; reduce hydrologic
9.29impacts to surface waters; and increase
9.30infiltration for groundwater recharge. The
9.31riparian buffers must be at least 50 feet
9.32unless there is a natural impediment, a road,
9.33or other impediment beyond the control
9.34of the landowner. This appropriation may
9.35be used for restoration of riparian buffers
9.36protected by easements purchased with
10.1this appropriation and for stream bank
10.2restorations when the riparian buffers have
10.3been restored.
10.4(f) $1,000,000 the first year and $1,000,000
10.5the second year are for permanent
10.6conservation easements on wellhead
10.7protection areas under Minnesota Statutes,
10.8section 103F.515, subdivision 2, paragraph
10.9(d). Priority must be placed on land that
10.10is located where the vulnerability of the
10.11drinking water supply management area,
10.12as defined under Minnesota Rules, part
10.134720.5100, subpart 13, is designated as high
10.14or very high by the commissioner of health.
10.15(g) $1,500,000 the first year and $1,500,000
10.16the second year are for community partners
10.17grants to local units of government for:
10.18(i) structural or vegetative management
10.19practices that reduce storm water runoff
10.20from developed or disturbed lands to reduce
10.21the movement of sediment, nutrients, and
10.22pollutants for restoration, protection, or
10.23enhancement of water quality in lakes, rivers,
10.24and streams and to protect groundwater
10.25and drinking water; and (ii) installation
10.26of proven and effective water retention
10.27practices including, but not limited to, rain
10.28gardens and other vegetated infiltration
10.29basins and sediment control basins in order
10.30to keep water on the land. The projects
10.31must be of long-lasting public benefit,
10.32include a local match, and be consistent with
10.33TMDL implementation plans or local water
10.34management plans. Local government unit
10.35staff and administration costs may be used
10.36as a match.
11.1(h) $42,000 the first year and $42,000 the
11.2second year are for a technical assistance
11.3panel to conduct up to ten restoration audits
11.4under Minnesota Statutes, section 114D.50,
11.5subdivision 6.
11.6The board shall incorporate efforts to enhance
11.7local capacity to engage the public during
11.8restoration, protection, and implementation
11.9projects and activities through the board's
11.10programs and projects funded under this
11.11section.
11.12The board may shift grant or cost-share funds
11.13in this section and may adjust the technical
11.14and administrative assistance portion of the
11.15funds to leverage federal or other nonstate
11.16funds or to address oversight responsibilities
11.17or high-priority needs identified in local
11.18water management plans.
11.19The appropriations in this section are
11.20available until June 30, 2014, and, unless
11.21otherwise specified, the board may utilize up
11.22to five percent for administration of grant and
11.23easement programs and up to five percent for
11.24technical design, construction, and project
11.25oversight.
| 11.26 |
Sec. 7. DEPARTMENT OF HEALTH |
$ |
2,685,000 |
$ |
2,685,000 |
||
11.28the second year are for addressing public
11.29health concerns related to contaminants
11.30found in Minnesota drinking water for which
11.31no health-based drinking water standard
11.32exists.
12.1(b) $1,415,000 the first year and $1,415,000
12.2the second year are for protection of drinking
12.3water sources.
12.4(c) $250,000 the first year and $250,000 the
12.5second year are for cost-share assistance to
12.6public and private well owners for up to 50
12.7percent of the cost of sealing unused wells.
| 12.8 |
Sec. 8. METROPOLITAN COUNCIL |
$ |
500,000 |
$ |
500,000 |
||
12.10second year are for implementation of the
12.11master water supply plan developed under
12.12Minnesota Statutes, section 473.1565.
| 12.13 |
Sec. 9. LEGISLATURE |
$ |
5,000 |
$ |
5,000 |
||
12.15second year are for the Legislative
12.16Coordinating Commission for the costs of
12.17developing and implementing a Web site to
12.18contain information on projects receiving
12.19appropriations from the clean water fund and
12.20other constitutionally dedicated funds.
12.21 Sec. 10. Minnesota Statutes 2010, section 114D.10, is amended to read:
12.22114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
12.23 Subdivision 1. Purpose. The purpose of the Clean Water Legacy Act is to protect,
12.24enhance, and restore
12.25lakes, rivers, and streams and to protect groundwater from degradation, by providing
12.26authority, direction, and resources to achieve and maintain water quality standards for
12.27groundwater and surface waters
12.28of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other
12.29applicable state and federal regulations.
12.30 Subd. 2. Findings. The legislature finds that:
12.31(1) there is a close link between protecting, enhancing, and restoring
12.32the quality of Minnesota's groundwater and surface waters and the ability to develop the
12.33state's economy, enhance its quality of life, and protect its human and natural resources;
13.1(2) achieving the state's water quality goals will require long-term commitment and
13.2cooperation by all state and local agencies, and other public and private organizations
13.3and individuals, with responsibility and authority for water management, planning, and
13.4protection; and
13.5(3) all persons and organizations whose activities affect the quality of waters,
13.6including
13.7responsibility to participate in and support efforts to achieve the state's water quality goals.
13.8 Sec. 11. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:
13.9 Subdivision 1. Coordination and cooperation. In implementing this chapter,
13.10public agencies and private entities shall take into consideration the relevant provisions of
13.11local and other applicable water management, conservation, land use, land management,
13.12and development plans and programs. Public agencies with authority for local water
13.13management, conservation, land use, land management, and development plans shall
13.14take into consideration the manner in which their plans affect the implementation of
13.15this chapter. Public agencies shall identify opportunities to participate and assist in the
13.16successful implementation of this chapter, including the funding or technical assistance
13.17needs, if any, that may be necessary. In implementing this chapter, public agencies shall
13.18endeavor to engage the cooperation of organizations and individuals whose activities
13.19affect the quality of groundwater or surface waters, including
13.20unregulated sources of pollution, and who have authority and responsibility for water
13.21management, planning, and protection. To the extent practicable, public agencies shall
13.22endeavor to enter into formal and informal agreements and arrangements with federal
13.23agencies and departments to jointly utilize staff and educational, technical, and financial
13.24resources to deliver programs or conduct activities to achieve the intent of this chapter,
13.25including efforts under the federal Clean Water Act and other federal farm and soil and
13.26water conservation programs. Nothing in this chapter affects the application of silvicultural
13.27exemptions under any federal, state, or local law or requires silvicultural practices more
13.28stringent than those recommended in the timber harvesting and forest management
13.29guidelines adopted by the Minnesota Forest Resources Council under section
13.30 Sec. 12. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
13.31 Subd. 2. Goals for implementation. The following goals must guide the
13.32implementation of this chapter:
14.1(1) to identify impaired waters in accordance with federal TMDL requirements
14.2within ten years after the effective date of this section and thereafter to ensure continuing
14.3evaluation of surface waters for impairments;
14.4(2) to submit TMDL's to the United States Environmental Protection Agency for all
14.5impaired waters in a timely manner in accordance with federal TMDL requirements;
14.6(3) to set a reasonable time for implementing restoration of each identified impaired
14.7water;
14.8(4) to provide assistance and incentives to prevent waters from becoming impaired
14.9and to improve the quality of waters that are listed as impaired but do not have an
14.10approved TMDL addressing the impairment;
14.11(5) to promptly seek the delisting of waters from the impaired waters list when those
14.12waters are shown to achieve the designated uses applicable to the waters;
14.13(6) to achieve compliance with federal Clean Water Act requirements in Minnesota
14.14(7) to support effective measures to prevent the degradation of groundwater
14.15according to the groundwater degradation prevention goal under section 103H.001; and
14.16(8) to support effective measures to restore degraded groundwater.
14.17 Sec. 13. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:
14.18 Subd. 3. Implementation policies. The following policies must guide the
14.19implementation of this chapter:
14.20(1) develop regional and watershed TMDL's and TMDL implementation plans, and
14.21TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
14.22feasible;
14.23(2) maximize use of available organizational, technical, and financial resources to
14.24perform sampling, monitoring, and other activities to identify degraded groundwater and
14.25impaired waters, including use of citizen monitoring and citizen monitoring data used
14.26by the Pollution Control Agency in assessing water quality
14.27requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
14.28Pollution Control Agency (2003);
14.29(3) maximize opportunities for restoration of degraded groundwater and impaired
14.30waters, by prioritizing and targeting of available programmatic, financial, and technical
14.31resources and by providing additional state resources to complement and leverage
14.32available resources;
14.33(4) use existing regulatory authorities to achieve restoration for
14.34
15.1and use of effective nonregulatory measures to address pollution sources for which
15.2regulations are not applicable;
15.3(5) use restoration methods that have a demonstrated effectiveness in reducing
15.4impairments and provide the greatest long-term positive impact on water quality protection
15.5and improvement and related conservation benefits while incorporating innovative
15.6approaches on a case-by-case basis;
15.7(6) identify for the legislature any innovative approaches that may strengthen or
15.8complement existing programs;
15.9(7) identify and encourage implementation of measures to prevent surface waters
15.10from becoming impaired and to improve the quality of waters that are listed as impaired
15.11but have no approved TMDL addressing the impairment using the best available data and
15.12technology, and establish and report outcome-based performance measures that monitor
15.13the progress and effectiveness of protection and restoration measures;
15.14(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
15.15amount up to 150 percent of the financial assistance received for failure to comply
15.16(9) identify and encourage implementation of measures to prevent groundwater from
15.17becoming degraded and measures that restore groundwater resources.
15.18 Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:
15.19 Subd. 6. Priorities for restoration of impaired waters. In implementing
15.20restoration of impaired waters, in addition to the priority considerations in subdivision 5,
15.21the Clean Water Council shall give priority in its recommendations for restoration funding
15.22from the clean water
15.23(1) coordinate with and utilize existing local authorities and infrastructure for
15.24implementation;
15.25(2) can be implemented in whole or in part by providing support for existing or
15.26ongoing restoration efforts;
15.27(3) most effectively leverage other sources of restoration funding, including federal,
15.28state, local, and private sources of funds;
15.29(4) show a high potential for early restoration and delisting based upon scientific
15.30data developed through public agency or citizen monitoring or other means; and
15.31(5) show a high potential for long-term water quality and related conservation
15.32benefits.
15.33 Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:
16.1 Subd. 7. Priorities for funding prevention actions. The Clean Water Council
16.2shall apply the priorities applicable under subdivision 6, as far as practicable, when
16.3recommending priorities for funding actions to prevent groundwater and surface waters
16.4from becoming degraded or impaired and to improve the quality of surface waters that are
16.5listed as impaired but do not have an approved TMDL.
16.6 Sec. 16. Minnesota Statutes 2010, section 114D.30, is amended to read:
16.7114D.30 CLEAN WATER COUNCIL.
16.8 Subdivision 1. Creation; duties. A Clean Water Council is created to advise on the
16.9administration and implementation of this chapter, and foster coordination and cooperation
16.10as described in section
16.11development of appropriate processes for expert scientific review as described in section
16.13support for the council with the support of other member agencies. The members of the
16.14council shall elect a chair from the
16.15 Subd. 2. Membership; appointment. (a) The commissioners of natural resources,
16.16agriculture, health, and the Pollution Control Agency, and the executive director of the
16.17Board of Water and Soil Resources shall appoint one person from their respective agency
16.18to serve as a nonvoting member of the council.
16.19
16.20member from the majority party and one member from the minority party, appointed by
16.21the speaker and two senators, including one member from the majority party and one
16.22member from the minority party, appointed according to the rules of the senate shall
16.23serve at the pleasure of the appointing authority as nonvoting members of the council.
16.24Agency and legislative members appointed under this paragraph serve as nonvoting
16.25members of the council.
16.26(b) Nineteen
16.27by the governor as follows:
16.28(1) two members representing statewide farm organizations;
16.29(2) two members representing business organizations;
16.30(3) two members representing environmental organizations;
16.31(4) one member representing soil and water conservation districts;
16.32(5) one member representing watershed districts;
16.33(6) one member representing nonprofit organizations focused on improvement of
16.34Minnesota lakes or streams;
17.1(7) two members representing organizations of county governments, one member
17.2representing the interests of rural counties and one member representing the interests of
17.3counties in the seven-county metropolitan area;
17.4(8) two members representing organizations of city governments;
17.5(9) one member representing the Metropolitan Council established under section
17.7(10) one township officer;
17.8(11) one member representing the interests of tribal governments;
17.9(12) one member representing statewide hunting organizations;
17.10(13) one member representing the University of Minnesota or a Minnesota state
17.11university; and
17.12(14) one member representing statewide fishing organizations.
17.13Members appointed under
17.14lobbyists or legislators. In making appointments, the governor must attempt to provide for
17.15geographic balance. The members of the council appointed by the governor are subject
17.16to the advice and consent of the senate.
17.17 Subd. 3. Conflict of interest. A Clean Water Council member may not participate
17.18in or vote on a decision of the council relating to an organization in which the member has
17.19either a direct or indirect personal financial interest. While serving on the Clean Water
17.20Council, a member shall avoid any potential conflict of interest.
17.21 Subd. 4. Terms; compensation; removal.
17.22
17.23
17.24Metropolitan Council are four years and are coterminous with the governor. The terms
17.25of other nonlegislative members of the council shall be as provided in section
17.26subdivision 2. Members may serve until their successors are appointed and qualify.
17.27Compensation and removal of nonlegislative council members is as provided in section
17.29by the appointing authority. A vacancy on the council may be filled by the appointing
17.30authority provided in subdivision 1 for the remainder of the unexpired term.
17.31 Subd. 5. Implementation plan. The Clean Water Council shall recommend a plan
17.32for implementation of this chapter and the provisions of article XI, section 15, of the
17.33Minnesota Constitution relating to clean water. The recommended plan shall address
17.34general procedures and time frames for implementing this chapter, and shall include a more
17.35specific implementation work plan for the next fiscal biennium and a framework for setting
17.36priorities to address impaired waters consistent with section
18.1The council shall issue
18.2
18.3 Subd. 6. Recommendations on appropriation of funds. (a) The Clean Water
18.4Council shall recommend to the governor and the legislature the manner in which
18.5money from the clean water
18.6
18.7Minnesota Constitution and section 114D.50.
18.8(b) The council's recommendations must:
18.9(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and
18.10to protect groundwater from degradation, consistent with the purposes stated in section
18.11114D.50, subdivision 3;
18.12(2) be consistent with the purposes, policies, goals, and priorities in
18.13
18.14(3) allocate adequate support and resources to identify degraded groundwater and
18.15impaired waters, develop TMDL's, implement restoration of groundwater and impaired
18.16waters, and provide assistance and incentives to prevent groundwater and surface waters
18.17from becoming degraded or impaired and improve the quality of surface waters which are
18.18listed as impaired but have no approved TMDL.
18.19(c) The council must recommend methods of ensuring that awards of grants,
18.20loans, or other funds from the clean water
18.21to be achieved as a result of the funding and specify standards to hold the recipient
18.22accountable for achieving the desired outcomes. Expenditures from the
18.23be appropriated by law.
18.24 Subd. 7. Biennial report to legislature. By December 1 of each even-numbered
18.25year, the council shall submit a report to the legislature on the activities for which money
18.26has been or will be spent for the current biennium, the activities for which money is
18.27recommended to be spent in the next biennium, and the impact on economic development
18.28of the implementation of efforts to protect and restore groundwater and the impaired waters
18.29program. The report due on December 1, 2014, must include an evaluation of the progress
18.30made through June 30, 2014, in implementing this chapter and the provisions of article XI,
18.31section 15, of the Minnesota Constitution relating to clean water, the need for funding of
18.32future implementation
18.33 Sec. 17. Minnesota Statutes 2010, section 114D.35, is amended to read:
18.34114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
18.35REVIEW; EDUCATION.
19.1 Subdivision 1. Public and stakeholder participation. Public agencies and private
19.2entities involved in the implementation of this chapter shall encourage participation by
19.3the public and stakeholders, including local citizens, landowners and managers, and
19.4public and private organizations, in
19.5developing TMDL's,
19.6impaired waters, in identifying degraded groundwater, and in protecting and restoring
19.7groundwater resources. In particular, the Pollution Control Agency shall make reasonable
19.8efforts to provide timely information to the public and to stakeholders about impaired
19.9waters that have been identified by the agency. The agency shall seek broad and early
19.10public and stakeholder participation in scoping the activities necessary to develop a
19.11TMDL, including the scientific models, methods, and approaches to be used in TMDL
19.12development, and to implement restoration pursuant to section
19.13 Subd. 2. Expert scientific advice. The Clean Water Council and public agencies
19.14and private entities shall make use of available public and private expertise from
19.15educational, research, and technical organizations, including the University of Minnesota
19.16and other higher education institutions, to provide appropriate independent expert advice
19.17on models, methods, and approaches used in identifying degraded ground water and
19.18impaired waters, developing TMDL's, and implementing prevention and restoration.
19.19 Subd. 3. Education. The Clean Water Council shall develop strategies for
19.20informing, educating, and encouraging the participation of citizens, stakeholders,
19.21and others regarding the identification of impaired waters, development of TMDL's,
19.22development of TMDL implementation plans,
19.23impaired waters, identification of degraded groundwater, and protection and restoration
19.24of groundwater resources. Public agencies shall be responsible for implementing the
19.25strategies.
19.26 Sec. 18. AVAILABILITY OF APPROPRIATIONS.
19.27Money appropriated in this act may not be spent on activities unless they are directly
19.28related to and necessary for a specific appropriation. Money appropriated in this act must
19.29not be spent on indirect costs or other institutional overhead charges.
19.30 Sec. 19. REPEALER.
19.31Minnesota Statutes 2010, section 114D.45, is repealed.
