Bill Text: MN SF485 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Wastewater capital grant program storm water inclusion
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-02-28 - Referred to Environment and Natural Resources [SF485 Detail]
Download: Minnesota-2011-SF485-Introduced.html
1.2relating to water; modifying beneficial use of wastewater capital grant program to
1.3include use of storm water;amending Minnesota Statutes 2010, section 116.195;
1.4Laws 2009, chapter 172, article 2, section 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 116.195, is amended to read:
1.7116.195 BENEFICIAL USE OF WASTEWATER AND STORM WATER;
1.8CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.
1.9 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.10have the meanings given them.
1.11 (b) "Agency" means the Pollution Control Agency.
1.12 (c) "Beneficial use of wastewater or storm water" means:
1.13(1) use of the effluent from a wastewater treatment plant that replaces use of
1.14groundwater; or
1.15(2) use of storm water that replaces the use of groundwater.
1.16 (d) "Capital project" means the acquisition or betterment of public land, buildings,
1.17and other public improvements of a capital nature for the treatment of wastewater intended
1.18for beneficial use or for the use of storm water to replace groundwater use. Capital project
1.19includes projects to retrofit, expand, or construct new treatment facilities.
1.20 Subd. 2. Grants for capital project design. The agency shall make grant awards
1.21to political subdivisions for up to 50 percent of the costs to predesign and design capital
1.22projects that demonstrate the beneficial use of wastewater or storm water. The maximum
1.23amount for a grant under this subdivision is $500,000. The grant agreement must provide
1.24that the predesign and design work being funded is public information and available to
2.1anyone without charge. The agency must make the predesign and design work available
2.2on its Web site.
2.3 Subd. 3. Grants for capital project implementation. The agency shall make grant
2.4awards to political subdivisions for up to 50 percent of the costs to acquire, construct,
2.5install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater
2.6or storm water. The political subdivision must submit design plans and specifications
2.7to the agency as part of the application.
2.8 The agency must consult with the Public Facilities Authority and the commissioner
2.9of natural resources in reviewing and ranking applications for grants under this section.
2.10 The application must identify the uses of the treated wastewater or storm water
2.11and greater weight will be given to applications that include a binding commitment to
2.12participate by the user or users.
2.13 The agency must give preference to projects that will reduce use of the greatest
2.14volume of groundwater from aquifers with the slowest rate of recharge.
2.15 Subd. 4. Application form; procedures. The agency shall develop an application
2.16form and procedures.
2.17 Subd. 5. Reports. The agency shall report by February 1 of each year to the chairs
2.18of the house of representatives and senate committees with jurisdiction over environment
2.19policy and finance and capital investment on the grants made and projects funded under
2.20this section. For each demonstration project funded, the report must include information
2.21on the scale of water constraints for the area, the volume of treated wastewatersupply
2.22supplied or storm water available, the quality of the storm water or treated wastewater
2.23supplied and treatment implications for the industrial user, impacts to stream flow and
2.24downstream users, and any considerations related to water appropriation and discharge
2.25permits.
2.26 Sec. 2. Laws 2009, chapter 172, article 2, section 4, is amended to read:
2.28(a) $9,000,000 the first year and $9,000,000
2.29the second year are to develop total
2.30maximum daily load (TMDL) studies and
2.31TMDL implementation plans for waters
2.32listed on the United States Environmental
2.33Protection Agency approved impaired
2.34waters list in accordance with Minnesota
2.35Statutes, chapter 114D. The agency shall
3.1complete an average of ten percent of the
3.2TMDLs each year over the biennium. Of
3.3this amount, $348,000 the first year is to
3.4retest the comprehensive assessment of the
3.5biological conditions of the lower Minnesota
3.6River and its tributaries within the Lower
3.7Minnesota River Major Watershed, as
3.8previously assessed from 1976 to 1992 under
3.9the Minnesota River Assessment Project
3.10(MRAP). The assessment must include the
3.11same fish species sampling at the same 116
3.12locations and the same macroinvertebrate
3.13sampling at the same 41 locations as the
3.14MRAP assessment. The assessment must:
3.15(1) include an analysis of the findings; and
3.16(2) identify factors that limit aquatic life in
3.17the Minnesota River.
3.18Of this amount, $250,000 the first year is
3.19for a pilot project for the development of
3.20total maximum daily load (TMDL) studies
3.21conducted on a watershed basis within
3.22the Buffalo River watershed in order to
3.23protect, enhance, and restore water quality
3.24in lakes, rivers, and streams. The pilot
3.25project shall include all necessary field
3.26work to develop TMDL studies for all
3.27impaired subwatersheds within the Buffalo
3.28River watershed and provide information
3.29necessary to complete reports for most of the
3.30remaining watersheds, including analysis of
3.31water quality data, identification of sources
3.32of water quality degradation and stressors,
3.33load allocation development, development
3.34of reports that provide protection plans
3.35for subwatersheds that meet water quality
4.1standards, and development of reports that
4.2provide information necessary to complete
4.3TMDL studies for subwatersheds that do not
4.4meet water quality standards, but are not
4.5listed as impaired.
4.6(b) $500,000 the first year is for development
4.7of an enhanced TMDL database to manage
4.8and track progress. Of this amount, $63,000
4.9the first year is to promulgate rules. By
4.10November 1, 2010, the commissioner shall
4.11submit a report to the chairs of the house of
4.12representatives and senate committees with
4.13jurisdiction over environment and natural
4.14resources finance on the outcomes achieved
4.15with this appropriation.
4.16(c) $1,500,000 the first year and $3,169,000
4.17the second year are for grants under
4.18Minnesota Statutes, section116.195 , to
4.19political subdivisions for up to 50 percent of
4.20the costs to predesign, design, and implement
4.21capital projects that use storm water or
4.22treated municipal wastewater instead of
4.23groundwater from drinking water aquifers,
4.24in order to demonstrate the beneficial use
4.25of wastewater or storm water, including
4.26the conservation and protection of water
4.27resources. Of this amount, $1,000,000 the
4.28first year is for grants to ethanol plants that
4.29are within one and one-half miles of a city for
4.30improvements that use storm water or reuse
4.31greater than 300,000 gallons of wastewater
4.32per day. This appropriation is available until
4.33spent.
4.34(d) $1,125,000 the first year and $1,125,000
4.35the second year are for groundwater
5.1assessment and drinking water protection to
5.2include:
5.3(1) the installation and sampling of at least
5.430 new monitoring wells;
5.5(2) the analysis of samples from at least 40
5.6shallow monitoring wells each year for the
5.7presence of endocrine disrupting compounds;
5.8and
5.9(3) the completion of at least four to
5.10five groundwater models for TMDL and
5.11watershed plans.
5.12(e) $2,500,000 the first year is for the clean
5.13water partnership program. Priority shall be
5.14given to projects preventing impairments and
5.15degradation of lakes, rivers, streams, and
5.16groundwater in accordance with Minnesota
5.17Statutes, section114D.20, subdivision 2 ,
5.18clause (4). Any balance remaining in the first
5.19year does not cancel and is available for the
5.20second year.
5.21(f) $896,000 the first year is to establish
5.22a network of water monitoring sites, to
5.23include at least 20 additional sites, in public
5.24waters adjacent to wastewater treatment
5.25facilities across the state to assess levels of
5.26endocrine-disrupting compounds, antibiotic
5.27compounds, and pharmaceuticals as required
5.28in this article. The data must be placed on
5.29the agency's Web site.
5.30(g) $155,000 the first year is to provide
5.31notification of the potential for coal tar
5.32contamination, establish a storm water
5.33pond inventory schedule, and develop best
5.34management practices for treating and
5.35cleaning up contaminated sediments as
6.1required in this article. $345,000 the second
6.2year is to develop a model ordinance for the
6.3restricted use of undiluted coal tar sealants
6.4and to provide grants to local units of
6.5government for up to 50 percent of the costs
6.6to implement best management practices to
6.7treat or clean up contaminated sediments
6.8in storm water ponds and other waters as
6.9defined under this article. Local governments
6.10must have adopted an ordinance for the
6.11restricted use of undiluted coal tar sealants
6.12in order to be eligible for a grant, unless a
6.13statewide restriction has been implemented.
6.14A grant awarded under this paragraph must
6.15not exceed $100,000.
6.16(h) $350,000 the first year and $400,000
6.17the second year are for a restoration project
6.18in the lower St. Louis River and Duluth
6.19harbor. This appropriation must be matched
6.20by nonstate money at a rate of $2 for every
6.21$1 of state money.
6.22(i) $150,000 the first year and $196,000 the
6.23second year are for grants to the Red River
6.24Watershed Management Board to enhance
6.25and expand existing river watch activities in
6.26the Red River of the North. The Red River
6.27Watershed Management Board shall provide
6.28a report that includes formal evaluation
6.29results from the river watch program to the
6.30commissioners of education and the Pollution
6.31Control Agency and to the legislative natural
6.32resources finance and policy committees
6.33and K-12 finance and policy committees by
6.34February 15, 2011.
7.1(j) $200,000 the first year and $300,000 the
7.2second year are for coordination with the
7.3state of Wisconsin and the National Park
7.4Service on comprehensive water monitoring
7.5and phosphorus reduction activities in the
7.6Lake St. Croix portion of the St. Croix
7.7River. The Pollution Control Agency
7.8shall work with the St. Croix Basin Water
7.9Resources Planning Team and the St. Croix
7.10River Association in implementing the
7.11water monitoring and phosphorus reduction
7.12activities. This appropriation is available
7.13to the extent matched by nonstate sources.
7.14Money not matched by November 15, 2010,
7.15cancels for this purpose and is available for
7.16the purposes of paragraph (a).
7.17(k) $7,500,000 the first year and $7,500,000
7.18the second year are for completion of 20
7.19percent of the needed statewide assessments
7.20of surface water quality and trends. Of this
7.21amount, $175,000 the first year and $200,000
7.22the second year are for monitoring and
7.23analyzing endocrine disruptors in surface
7.24waters.
7.25(l) $100,000 the first year and $150,000
7.26the second year are for civic engagement
7.27in TMDL development. The agency shall
7.28develop a plan for expenditures under
7.29this paragraph. The agency shall give
7.30consideration to civic engagement proposals
7.31from basin or sub-basin organizations,
7.32including the Mississippi Headwaters Board,
7.33the Minnesota River Joint Powers Board,
7.34Area II Minnesota River Basin Projects,
7.35and the Red River Basin Commission.
7.36By November 15, 2009, the plan shall be
8.1submitted to the house and senate chairs
8.2and ranking minority members of the
8.3environmental finance divisions.
8.4(m) $5,000,000 the second year is for
8.5groundwater protection or prevention of
8.6groundwater degradation activities. By
8.7January 15, 2010, the commissioner, in
8.8consultation with the commissioner of
8.9natural resources, the Board of Water and
8.10Soil Resources, and other agencies, shall
8.11submit a report to the chairs of the house of
8.12representatives and senate committees with
8.13jurisdiction over the clean water fund on the
8.14intended use of these funds. The legislature
8.15must approve expenditure of these funds by
8.16law.
8.17Notwithstanding Minnesota Statutes, section
8.1816A.28
, the appropriations encumbered on or
8.19before June 30, 2011, as grants or contracts in
8.20this section are available until June 30, 2013.
8.21 Sec. 3. EFFECTIVE DATE.
8.22Sections 1 and 2 are effective the day following final enactment.
1.3include use of storm water;amending Minnesota Statutes 2010, section 116.195;
1.4Laws 2009, chapter 172, article 2, section 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 116.195, is amended to read:
1.7116.195 BENEFICIAL USE OF WASTEWATER AND STORM WATER;
1.8CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.
1.9 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.10have the meanings given them.
1.11 (b) "Agency" means the Pollution Control Agency.
1.12 (c) "Beneficial use of wastewater or storm water" means:
1.13(1) use of the effluent from a wastewater treatment plant that replaces use of
1.14groundwater; or
1.15(2) use of storm water that replaces the use of groundwater.
1.16 (d) "Capital project" means the acquisition or betterment of public land, buildings,
1.17and other public improvements of a capital nature for the treatment of wastewater intended
1.18for beneficial use or for the use of storm water to replace groundwater use. Capital project
1.19includes projects to retrofit, expand, or construct new treatment facilities.
1.20 Subd. 2. Grants for capital project design. The agency shall make grant awards
1.21to political subdivisions for up to 50 percent of the costs to predesign and design capital
1.22projects that demonstrate the beneficial use of wastewater or storm water. The maximum
1.23amount for a grant under this subdivision is $500,000. The grant agreement must provide
1.24that the predesign and design work being funded is public information and available to
2.1anyone without charge. The agency must make the predesign and design work available
2.2on its Web site.
2.3 Subd. 3. Grants for capital project implementation. The agency shall make grant
2.4awards to political subdivisions for up to 50 percent of the costs to acquire, construct,
2.5install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater
2.6or storm water. The political subdivision must submit design plans and specifications
2.7to the agency as part of the application.
2.8 The agency must consult with the Public Facilities Authority and the commissioner
2.9of natural resources in reviewing and ranking applications for grants under this section.
2.10 The application must identify the uses of the treated wastewater or storm water
2.11and greater weight will be given to applications that include a binding commitment to
2.12participate by the user or users.
2.13 The agency must give preference to projects that will reduce use of the greatest
2.14volume of groundwater from aquifers with the slowest rate of recharge.
2.15 Subd. 4. Application form; procedures. The agency shall develop an application
2.16form and procedures.
2.17 Subd. 5. Reports. The agency shall report by February 1 of each year to the chairs
2.18of the house of representatives and senate committees with jurisdiction over environment
2.19policy and finance and capital investment on the grants made and projects funded under
2.20this section. For each demonstration project funded, the report must include information
2.21on the scale of water constraints for the area, the volume of treated wastewater
2.22supplied or storm water available, the quality of the storm water or treated wastewater
2.23supplied and treatment implications for the industrial user, impacts to stream flow and
2.24downstream users, and any considerations related to water appropriation and discharge
2.25permits.
2.26 Sec. 2. Laws 2009, chapter 172, article 2, section 4, is amended to read:
| 2.27 |
Sec. 4. POLLUTION CONTROL AGENCY |
$ |
24,076,000 |
$ |
27,285,000 |
||
2.29the second year are to develop total
2.30maximum daily load (TMDL) studies and
2.31TMDL implementation plans for waters
2.32listed on the United States Environmental
2.33Protection Agency approved impaired
2.34waters list in accordance with Minnesota
2.35Statutes, chapter 114D. The agency shall
3.1complete an average of ten percent of the
3.2TMDLs each year over the biennium. Of
3.3this amount, $348,000 the first year is to
3.4retest the comprehensive assessment of the
3.5biological conditions of the lower Minnesota
3.6River and its tributaries within the Lower
3.7Minnesota River Major Watershed, as
3.8previously assessed from 1976 to 1992 under
3.9the Minnesota River Assessment Project
3.10(MRAP). The assessment must include the
3.11same fish species sampling at the same 116
3.12locations and the same macroinvertebrate
3.13sampling at the same 41 locations as the
3.14MRAP assessment. The assessment must:
3.15(1) include an analysis of the findings; and
3.16(2) identify factors that limit aquatic life in
3.17the Minnesota River.
3.18Of this amount, $250,000 the first year is
3.19for a pilot project for the development of
3.20total maximum daily load (TMDL) studies
3.21conducted on a watershed basis within
3.22the Buffalo River watershed in order to
3.23protect, enhance, and restore water quality
3.24in lakes, rivers, and streams. The pilot
3.25project shall include all necessary field
3.26work to develop TMDL studies for all
3.27impaired subwatersheds within the Buffalo
3.28River watershed and provide information
3.29necessary to complete reports for most of the
3.30remaining watersheds, including analysis of
3.31water quality data, identification of sources
3.32of water quality degradation and stressors,
3.33load allocation development, development
3.34of reports that provide protection plans
3.35for subwatersheds that meet water quality
4.1standards, and development of reports that
4.2provide information necessary to complete
4.3TMDL studies for subwatersheds that do not
4.4meet water quality standards, but are not
4.5listed as impaired.
4.6(b) $500,000 the first year is for development
4.7of an enhanced TMDL database to manage
4.8and track progress. Of this amount, $63,000
4.9the first year is to promulgate rules. By
4.10November 1, 2010, the commissioner shall
4.11submit a report to the chairs of the house of
4.12representatives and senate committees with
4.13jurisdiction over environment and natural
4.14resources finance on the outcomes achieved
4.15with this appropriation.
4.16(c) $1,500,000 the first year and $3,169,000
4.17the second year are for grants under
4.18Minnesota Statutes, section
4.19political subdivisions for up to 50 percent of
4.20the costs to predesign, design, and implement
4.21capital projects that use storm water or
4.22treated municipal wastewater instead of
4.23groundwater from drinking water aquifers,
4.24in order to demonstrate the beneficial use
4.25of wastewater or storm water, including
4.26the conservation and protection of water
4.27resources. Of this amount, $1,000,000 the
4.28first year is for grants to ethanol plants that
4.29are within one and one-half miles of a city for
4.30improvements that use storm water or reuse
4.31greater than 300,000 gallons of wastewater
4.32per day. This appropriation is available until
4.33spent.
4.34(d) $1,125,000 the first year and $1,125,000
4.35the second year are for groundwater
5.1assessment and drinking water protection to
5.2include:
5.3(1) the installation and sampling of at least
5.430 new monitoring wells;
5.5(2) the analysis of samples from at least 40
5.6shallow monitoring wells each year for the
5.7presence of endocrine disrupting compounds;
5.8and
5.9(3) the completion of at least four to
5.10five groundwater models for TMDL and
5.11watershed plans.
5.12(e) $2,500,000 the first year is for the clean
5.13water partnership program. Priority shall be
5.14given to projects preventing impairments and
5.15degradation of lakes, rivers, streams, and
5.16groundwater in accordance with Minnesota
5.17Statutes, section
5.18clause (4). Any balance remaining in the first
5.19year does not cancel and is available for the
5.20second year.
5.21(f) $896,000 the first year is to establish
5.22a network of water monitoring sites, to
5.23include at least 20 additional sites, in public
5.24waters adjacent to wastewater treatment
5.25facilities across the state to assess levels of
5.26endocrine-disrupting compounds, antibiotic
5.27compounds, and pharmaceuticals as required
5.28in this article. The data must be placed on
5.29the agency's Web site.
5.30(g) $155,000 the first year is to provide
5.31notification of the potential for coal tar
5.32contamination, establish a storm water
5.33pond inventory schedule, and develop best
5.34management practices for treating and
5.35cleaning up contaminated sediments as
6.1required in this article. $345,000 the second
6.2year is to develop a model ordinance for the
6.3restricted use of undiluted coal tar sealants
6.4and to provide grants to local units of
6.5government for up to 50 percent of the costs
6.6to implement best management practices to
6.7treat or clean up contaminated sediments
6.8in storm water ponds and other waters as
6.9defined under this article. Local governments
6.10must have adopted an ordinance for the
6.11restricted use of undiluted coal tar sealants
6.12in order to be eligible for a grant, unless a
6.13statewide restriction has been implemented.
6.14A grant awarded under this paragraph must
6.15not exceed $100,000.
6.16(h) $350,000 the first year and $400,000
6.17the second year are for a restoration project
6.18in the lower St. Louis River and Duluth
6.19harbor. This appropriation must be matched
6.20by nonstate money at a rate of $2 for every
6.21$1 of state money.
6.22(i) $150,000 the first year and $196,000 the
6.23second year are for grants to the Red River
6.24Watershed Management Board to enhance
6.25and expand existing river watch activities in
6.26the Red River of the North. The Red River
6.27Watershed Management Board shall provide
6.28a report that includes formal evaluation
6.29results from the river watch program to the
6.30commissioners of education and the Pollution
6.31Control Agency and to the legislative natural
6.32resources finance and policy committees
6.33and K-12 finance and policy committees by
6.34February 15, 2011.
7.1(j) $200,000 the first year and $300,000 the
7.2second year are for coordination with the
7.3state of Wisconsin and the National Park
7.4Service on comprehensive water monitoring
7.5and phosphorus reduction activities in the
7.6Lake St. Croix portion of the St. Croix
7.7River. The Pollution Control Agency
7.8shall work with the St. Croix Basin Water
7.9Resources Planning Team and the St. Croix
7.10River Association in implementing the
7.11water monitoring and phosphorus reduction
7.12activities. This appropriation is available
7.13to the extent matched by nonstate sources.
7.14Money not matched by November 15, 2010,
7.15cancels for this purpose and is available for
7.16the purposes of paragraph (a).
7.17(k) $7,500,000 the first year and $7,500,000
7.18the second year are for completion of 20
7.19percent of the needed statewide assessments
7.20of surface water quality and trends. Of this
7.21amount, $175,000 the first year and $200,000
7.22the second year are for monitoring and
7.23analyzing endocrine disruptors in surface
7.24waters.
7.25(l) $100,000 the first year and $150,000
7.26the second year are for civic engagement
7.27in TMDL development. The agency shall
7.28develop a plan for expenditures under
7.29this paragraph. The agency shall give
7.30consideration to civic engagement proposals
7.31from basin or sub-basin organizations,
7.32including the Mississippi Headwaters Board,
7.33the Minnesota River Joint Powers Board,
7.34Area II Minnesota River Basin Projects,
7.35and the Red River Basin Commission.
7.36By November 15, 2009, the plan shall be
8.1submitted to the house and senate chairs
8.2and ranking minority members of the
8.3environmental finance divisions.
8.4(m) $5,000,000 the second year is for
8.5groundwater protection or prevention of
8.6groundwater degradation activities. By
8.7January 15, 2010, the commissioner, in
8.8consultation with the commissioner of
8.9natural resources, the Board of Water and
8.10Soil Resources, and other agencies, shall
8.11submit a report to the chairs of the house of
8.12representatives and senate committees with
8.13jurisdiction over the clean water fund on the
8.14intended use of these funds. The legislature
8.15must approve expenditure of these funds by
8.16law.
8.17Notwithstanding Minnesota Statutes, section
8.19before June 30, 2011, as grants or contracts in
8.20this section are available until June 30, 2013.
8.21 Sec. 3. EFFECTIVE DATE.
8.22Sections 1 and 2 are effective the day following final enactment.
