HF 1504

as introduced - 89th Legislature (2015 - 2016) Posted on 03/05/2015 02:12pm

A bill for an act
relating to natural resources; providing for publicly created wetland banking
credits; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 103G.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [103G.2252] PUBLICLY CREATED WETLAND BANK CREDITS.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program. new text end

new text begin The board may award grants under this section
using money in the account under subdivision 5 and any money appropriated by law
for purposes of this section. The board may retain three percent of available money for
administration of the grant program under this section.
new text end

new text begin Subd. 2. new text end

new text begin Grant eligibility. new text end

new text begin A soil and water conservation district may apply
for grants under this section. Actions eligible for wetland replacement credit under
section 103G.2242, subdivision 12, and rules adopted thereunder in the following major
watersheds of the state are eligible for funding under this section:
new text end

new text begin (1) Saint Louis River;
new text end

new text begin (2) Cloquet River;
new text end

new text begin (3) Mississippi River (Grand Rapids);
new text end

new text begin (4) Rainy River (Headwaters);
new text end

new text begin (5) Vermilion River; and
new text end

new text begin (6) Little Fork River.
new text end

new text begin Subd. 3. new text end

new text begin Project requirements. new text end

new text begin (a) Any project funded with a grant under this
section must be designated for wetland banking purposes. The project may be undertaken
on public, private, or tribal lands.
new text end

new text begin (b) A soil and water conservation district may use a portion of any grant to assess
ecological suitability and sustainability of proposed actions in order to maximize public
value, achieve watershed goals, and improve the ecological condition of the watershed.
new text end

new text begin (c) Unless the soil and water conservation district and the board approve an alternate
boundary, the entire replacement area of the project must be protected by:
new text end

new text begin (1) a perpetual conservation easement, in a form prescribed by the board, granted
to and accepted by the state; or
new text end

new text begin (2) in the case of federal or tribal lands, another form of permanent protection
approved by the board.
new text end

new text begin (d) Monitoring of replacement projects is the responsibility of the soil and water
conservation district undertaking the project. Monitoring commences upon completion of
construction. Monitoring must continue for ten full growing seasons, or until the soil and
water conservation district determines, with the concurrence of the Technical Evaluation
Panel, that the replacement is successful, but in no case may the determination be made
before five full growing seasons.
new text end

new text begin (e) Upon a determination under paragraph (d) that the project is successful, the
board must determine the public value of the replacement project and assign replacement
credits to be deposited in the state wetland bank, to be made available for purchase
according to subdivision 4.
new text end

new text begin (f) new text end new text begin A soil and water conservation district may use up to three percent of the grant
amount to administer the project.
new text end

new text begin Subd. 4. new text end

new text begin Purchase of credits. new text end

new text begin (a) A person required to replace wetlands under
a replacement plan or mining reclamation plan may purchase banking credits created
under this section in lieu of restoring or creating wetland areas as required under section
103G.222. The purchaser must pay:
new text end

new text begin (1) the full costs incurred by the soil and water conservation district in establishing
the credit, including but not limited to construction, monitoring, maintenance, and legal
costs; and
new text end

new text begin (2) the withdrawal fee established under section 103G.2242, subdivision 14.
new text end

new text begin (b) Money paid under paragraph (a), clause (1), must be deposited in the account
established under subdivision 5. Withdrawal fees paid under paragraph (a), clause (2),
must be deposited according to section 103G.2242, subdivision 15.
new text end

new text begin Subd. 5. new text end

new text begin Funding. new text end

new text begin Money paid under subdivision 4, paragraph (a), clause (1), must
be deposited in an account in the special revenue fund and is appropriated to the board to
make grants under this section.
new text end

Sec. 2. new text begin APPROPRIATION; PUBLICLY CREATED WETLAND BANKING
CREDITS.
new text end

new text begin $30,000,000 is appropriated in fiscal year 2016 from the general fund to the Board
of Water and Soil Resources for grants to publicly create wetland banking credits under
Minnesota Statutes, section 103G.2252.
new text end