SF 1651

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am

A bill for an act
relating to natural resources; appropriating money for natural resource purposes
from the clean water fund; providing for a legacy Web site, signs, and a 25-year
strategic plan; modifying provisions relating to the Mississippi River Critical
Area; amending Minnesota Statutes 2008, section 116G.15.

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

ARTICLE 1

CLEAN WATER FUND APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations from the clean
water fund, by agency, made in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin Pollution Control Agency new text end	new text begin $ new text end	new text begin 15,325,000 new text end	new text begin $ new text end	new text begin 18,600,000 new text end	new text begin $ new text end	new text begin 33,925,000 new text end
new text begin Department of Natural Resources new text end		new text begin 6,943,000 new text end		new text begin 9,142,000 new text end		new text begin 16,085,000 new text end
new text begin Board of Water and Soil Resources new text end		new text begin 20,175,000 new text end		new text begin 22,865,000 new text end		new text begin 43,040,000 new text end
new text begin Department of Agriculture new text end		new text begin 3,935,000 new text end		new text begin 4,360,000 new text end		new text begin 8,295,000 new text end
new text begin Department of Health new text end		new text begin 1,600,000 new text end		new text begin 2,150,000 new text end		new text begin 3,750,000 new text end
new text begin Metropolitan Council new text end		new text begin 400,000 new text end		new text begin 500,000 new text end		new text begin 900,000 new text end
new text begin Public Facilities Authority new text end		new text begin 20,272,000 new text end		new text begin 23,678,000 new text end		new text begin 43,950,000 new text end
new text begin University of Minnesota new text end		new text begin 872,000 new text end		new text begin 183,000 new text end		new text begin 1,055,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 69,522,000 new text end	new text begin $ new text end	new text begin 81,478,000 new text end	new text begin $ new text end	new text begin 151,000,000 new text end

Sec. 2. new text begin CLEAN WATER FUND APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
clean water fund, and are available for the fiscal years indicated for allowable activities
under the Minnesota Constitution, article XI, section 15. The figures "2010" and "2011"
used in this act mean that the appropriation listed under them are available for the fiscal
year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year
2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and
2011. The appropriations in this act are onetime.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin NONPOINT SOURCE PROTECTION AND PRESERVATION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 24,050,000 new text end

new text begin $ new text end

new text begin 27,740,000 new text end

new text begin The appropriations in this section are to
the agencies specified for the protection,
enhancement, and restoration of lakes, rivers,
and streams.
new text end

new text begin Subd. 2. new text end new text begin Nonpoint Source Restoration, Protection, and Preservation new text end

new text begin 1,500,000 new text end

new text begin 2,000,000 new text end

new text begin To the Department of Natural Resources for
nonpoint source restoration and protection
activities. Money appropriated under this
subdivision must be used to acquire aquatic
management areas to address water quality
protection under a total maximum daily load
(TMDL) implementation plan.
new text end

new text begin Subd. 3. new text end new text begin Targeted Nonpoint Source Pollution Reduction new text end

new text begin 9,200,000 new text end

new text begin 10,000,000 new text end

new text begin (a) To the Board of Water and Soil Resources
for targeted nonpoint source pollution
reduction projects to restore water quality in
lakes, rivers, and streams. At least 93 percent
of this amount must be made available for
grants. At least 20 percent of this amount
must be for water quality grants in the Twin
Cities metropolitan area.
new text end

new text begin (b) $400,000 the first year and $600,000 the
second year are to the Anoka Conservation
District for the metropolitan landscape
restoration program for water quality and
improvement projects.
new text end

new text begin (c) The Board of Water and Soil Resources
shall contract for services with the Minnesota
Conservation Corps for restoration,
maintenance, and other activities under this
subdivision for at least $500,000 the first
year and $500,000 the second year.
new text end

new text begin Subd. 4. new text end new text begin Nonpoint Restoration Technical Assistance and Engineering new text end

new text begin 2,500,000 new text end

new text begin 3,000,000 new text end

new text begin To the Board of Water and Soil Resources
for targeted nonpoint restoration technical
assistance and engineering. At least 93
percent of this amount must be made
available for grants.
new text end

new text begin Subd. 5. new text end new text begin Subsurface Sewage Treatment System Program new text end

new text begin 1,600,0000 new text end

new text begin 1,900,000 new text end

new text begin To the Board of Water and Soil Resources
for grants to implement county subsurface
sewage treatment system (SSTS) programs,
including inventories, enforcement,
development of databases, and systems
to insure SSTS maintenance reporting
program results to the Board of Water and
Soil Resources and the Pollution Control
Agency, and base grants. Grants are
limited to counties with ordinances adopted
pursuant to Minnesota Statutes, section
115.55, subdivision 2, that can demonstrate
enforcement of the ordinances.
new text end

new text begin Subd. 6. new text end new text begin Failing Subsurface Sewage Treatment Systems new text end

new text begin 800,000 new text end

new text begin 1,000,000 new text end

new text begin To the Board of Water and Soil Resources for
grants to address imminent threat and failing
subsurface sewage treatment systems.
new text end

new text begin Subd. 7. new text end new text begin Feedlot Water Quality Grants new text end

new text begin 1,800,000 new text end

new text begin 2,200,000 new text end

new text begin To the Board of Water and Soil Resources
for feedlot water quality grants to upgrade
feedlots in riparian and shoreland areas to
address feedlot-related water quality impacts.
new text end

new text begin Subd. 8. new text end new text begin Local Nonpoint Source Activity Support new text end

new text begin 1,700,000 new text end

new text begin 2,300,000 new text end

new text begin To the Board of Water and Soil Resources
for grants to support local nonpoint source
protection activities that show demonstrated
results on lake, river, and stream protection
and management.
new text end

new text begin Subd. 9. new text end new text begin Shoreline Protection and Restoration Grants new text end

new text begin 2,100,000 new text end

new text begin 1,900,000 new text end

new text begin (a) To the Board of Water and Soil Resources
for grants to implement stream bank,
stream channel, lakeshore, and roadside
protection and restoration projects that show
demonstrated results on lake, river, or stream
protection and management.
new text end

new text begin (b) $500,000 the first year is for a grant to
Hennepin County for riparian restoration
and stream bank stabilization in the ten
primary stream systems in Hennepin County
in order to protect, enhance, and help
restore the water quality of the streams and
downstream receiving waters. The county
shall work with watershed districts and water
management organizations to identify and
prioritize projects. To the extent possible,
the county shall employ youth through the
Minnesota Conservation Corps and Tree
Trust to plant trees and shrubs to reduce
erosion and stabilize stream banks. This
appropriation must be matched by nonstate
sources, including in-kind contributions.
new text end

new text begin Subd. 10. new text end new text begin St. Louis River new text end

new text begin 350,000 new text end

new text begin 400,000 new text end

new text begin To the Pollution Control Agency for a
restoration project in the lower St. Louis
River and Duluth Harbor. This appropriation
must be matched by nonstate money at a rate
of $2 for every $1 of state money.
new text end

new text begin Subd. 11. new text end new text begin Mississippi River Critical Area new text end

new text begin 225,000 new text end

new text begin 225,000 new text end

new text begin To the Department of Natural Resources to
develop and adopt rules for the Mississippi
River corridor critical area under Minnesota
Statutes, section 116G.15, in order to achieve
the required outcomes. The commissioner
shall begin rulemaking under Minnesota
Statutes, chapter 14, no later than January
15, 2010.
new text end

new text begin Subd. 12. new text end new text begin Oversight, Support, and Accountability new text end

new text begin 275,000 new text end

new text begin 315,000 new text end

new text begin (a) To the Board of Water and Soil
Resources for state oversight, support,
and accountability reporting of local
government implementation, including
an annual report prepared jointly by
the board, the commissioner of natural
resources and the commissioner of the
Pollution Control Agency to the legislature
detailing the recipients and projects funded
under this section; the anticipated water
quality benefits of projects funded; the
relationship of restoration projects to
TMDL load allocations; the relationship
of protection projects to monitored water
quality trends; and individual county and
aggregated statewide progress in: (1)
identifying noncompliant SSTS, establishing
maintenance oversight systems, and SSTS
upgrades funded under paragraphs (c) and
(d); and (2) identifying and upgrading
open lot feedlots under 300 animal units in
shoreland.
new text end

new text begin (b) Organizations receiving grants under
this section shall provide information to
the agencies listed in paragraph (a) on the
information required in the report.
new text end

new text begin Subd. 13. new text end new text begin Agriculture BMP Loans new text end

new text begin 2,000,000 new text end

new text begin 2,500,000 new text end

new text begin To the Department of Agriculture for the
agricultural best management practices loan
program under Minnesota Statutes, section
17.117. At least 90 percent is available
for pass-through to local governments and
lenders for low-interest loans and is available
until spent. Any unencumbered balance
that is not used for pass-through to local
governments does not cancel at the end of the
first year and is available for the second year.
new text end

new text begin Subd. 14. new text end new text begin Appropriation Conditions new text end

new text begin If the appropriations in this section in either
year are insufficient, the appropriation in
the other year is available for it. All of
the money appropriated to the Board of
Water and Soil Resources in this section
as grants to local governments shall be
administered through the Board of Water
and Soil Resources' local water resources
protection and management program under
Minnesota Statutes, section 103B.3369. The
board may shift grant or cost-share funds in
this section and may adjust the technical and
administrative assistance portion of the funds
to leverage federal or other nonstate funds
or to address oversight responsibilities or
high-priority needs identified in local water
management plans.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 4. new text begin POINT SOURCE PROTECTION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 20,272,000 new text end

new text begin $ new text end

new text begin 23,678,000 new text end

new text begin The appropriations in this section are to
the agencies specified for the protection,
enhancement, and restoration of lakes, rivers,
and streams.
new text end

new text begin Subd. 2. new text end new text begin TMDL Grants new text end

new text begin 10,522,000 new text end

new text begin 12,628,000 new text end

new text begin To the Public Facilities Authority for
total maximum daily loads grants under
Minnesota Statutes, section 446A.073.
new text end

new text begin Subd. 3. new text end new text begin Phosphorus Reduction Grants new text end

new text begin 6,550,000 new text end

new text begin 6,850,000 new text end

new text begin To the Public Facilities Authority for
phosphorus reduction grants under
Minnesota Statutes, section 446A.074.
new text end

new text begin Subd. 4. new text end new text begin Small Community Wastewater Treatment Grants and Loans new text end

new text begin 2,200,000 new text end

new text begin 3,200,000 new text end

new text begin To the Public Facilities Authority for small
community wastewater treatment grants
and loans under Minnesota Statutes, section
446A.075.
new text end

new text begin Subd. 5. new text end new text begin Wastewater Reuse Pilot new text end

new text begin 1,000,000 new text end

new text begin 1,000,000 new text end

new text begin (a) To the Public Facilities Authority for
grants for wastewater reuse pilot projects.
new text end

new text begin (b) $1,000,000 the first year is for grants
to ethanol plants that are within one and
one-half miles of a city for improvements
that reuse greater than 300,000 gallons of
wastewater per day.
new text end

new text begin Subd. 6. new text end new text begin Appropriation Conditions new text end

new text begin Appropriations under this section are
available until spent.
new text end

Sec. 5. new text begin ASSESSMENT, MONITORING, AND TMDL DEVELOPMENT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 17,150,000 new text end

new text begin $ new text end

new text begin 25,080,000 new text end

new text begin The appropriations in this section are to
the agencies specified for the protection,
enhancement, and restoration of lakes, rivers,
and streams.
new text end

new text begin Subd. 2. new text end new text begin Statewide Assessment and Monitoring new text end

new text begin 5,850,000 new text end

new text begin 6,950,000 new text end

new text begin (a) To the Pollution Control Agency for
20 percent of the necessary statewide
assessments and monitoring of surface water
quality and trends.
new text end

new text begin (b) $150,000 the first year and $196,000 the
second year are for grants to the Red River
Watershed Management Board to enhance
and expand existing river watch activities in
the Red River of the North. The Red River
Watershed Management Board shall provide
a report that includes formal evaluation
results from the river watch program to the
commissioners of education and the Pollution
Control Agency and to the legislative natural
resources finance and policy committees
and K-12 finance and policy committees by
February 15, 2011.
new text end

new text begin (c) $200,000 the first year and $300,000 the
second year are for coordination with the
state of Wisconsin and the National Park
Service on comprehensive water monitoring
and phosphorus reduction activities in the
Lake St. Croix portion of the St. Croix
River. The Pollution Control Agency
shall work with the St. Croix Basin Water
Resources Planning Team and the St. Croix
River Association in implementing the
water monitoring and phosphorus reduction
activities. This appropriation is available
to the extent matched by nonstate sources.
Money not matched by November 15, 2010,
cancels for this purpose and is available for
the purposes of paragraph (a).
new text end

new text begin Subd. 3. new text end new text begin Endocrine Disruptor Monitoring and Analysis new text end

new text begin 175,000 new text end

new text begin 200,000 new text end

new text begin To the Pollution Control Agency for
endocrine disruptor monitoring and analysis.
The agency shall monitor and analyze
endocrine disruptors in surface waters in at
least 20 additional sites. The data must be
placed on the agency's Web site.
new text end

new text begin Subd. 4. new text end new text begin Water Quality Assessments new text end

new text begin 1,240,000 new text end

new text begin 1,760,000 new text end

new text begin To the Department of Natural Resources for
work assisting in water quality assessments
in supporting the identification of impaired
waters.
new text end

new text begin Subd. 5. new text end new text begin Pesticide Monitoring and Assessment new text end

new text begin 535,000 new text end

new text begin 170,000 new text end

new text begin (a) To the commissioner of agriculture for
pesticide monitoring and assessment.
new text end

new text begin (b) $395,000 the first year is for a
demonstration project to monitor agricultural
nonpoint source pollution and implement
best management practices in sub-watersheds
within the Root River Watershed in
southeastern Minnesota.
new text end

new text begin Subd. 6. new text end new text begin PCA TMDL Development new text end

new text begin 8,250,000 new text end

new text begin 10,000,000 new text end

new text begin (a) To the Pollution Control Agency for total
maximum daily load (TMDL) development
and TMDL implementation plans for waters
listed on the United States Environmental
Protection Agency approved Impaired
Waters List in accordance with Minnesota
Statutes, chapter 114D. The agency shall
complete an average of ten percent of the
TMDLs each year over the biennium.
new text end

new text begin (b) $250,000 the first year is for a pilot project
for the development of total maximum daily
load (TMDL) studies conducted on a
watershed basis within the Buffalo River
watershed in order to protect, enhance, and
restore water quality in lakes, rivers, and
streams. The pilot project shall include all
necessary field work to develop TMDL
studies for all impaired subwatersheds within
the Buffalo River watershed and provide
information necessary to complete reports for
most of the remaining watersheds, including
analysis of water quality data, identification
of sources of water quality degradation
and stressors, load allocation development,
development of reports that provide
protection plans for subwatersheds that meet
water quality standards, and development of
reports that provide information necessary to
complete TMDL studies for subwatersheds
that do not meet water quality standards, but
are not listed as impaired.
new text end

new text begin Subd. 7. new text end new text begin DNR TMDL Development new text end

new text begin 900,000 new text end

new text begin 1,200,000 new text end

new text begin To the Department of Natural Resources
for TMDL development and TMDL
implementation plans for waters listed on
the United States Environmental Protection
Agency approved Impaired Waters List in
accordance with Minnesota Statutes, chapter
114D.
new text end

new text begin Subd. 8. new text end new text begin MDA TMDL Technical Assistance new text end

new text begin 200,000 new text end

new text begin 300,000 new text end

new text begin To the Department of Agriculture for
technical assistance in developing TMDL
plans.
new text end

new text begin Subd. 9. new text end new text begin Appropriation Conditions new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 6. new text begin GROUNDWATER AND DRINKING WATER PROTECTION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 3,200,000 new text end

new text begin $ new text end

new text begin 4,430,000 new text end

new text begin The appropriations in this section are to
the agencies specified for the protection of
groundwater and drinking water sources.
new text end

new text begin Subd. 2. new text end new text begin PCA Assessment and Protection new text end

new text begin 600,000 new text end

new text begin 900,000 new text end

new text begin To the Pollution Control Agency for
groundwater assessment and drinking water
protection.
new text end

new text begin Subd. 3. new text end new text begin DNR Assessment and Protection new text end

new text begin 300,000 new text end

new text begin 440,000 new text end

new text begin To the Department of Natural Resources for
groundwater assessment and drinking water
protection activities.
new text end

new text begin Subd. 4. new text end new text begin Contaminant Assessment new text end

new text begin 600,000 new text end

new text begin 735,000 new text end

new text begin To the Department of Health for additional
assessment of drinking water contaminants.
new text end

new text begin Subd. 5. new text end new text begin Source Water Protection and Preservation new text end

new text begin 1,000,000 new text end

new text begin 1,415,000 new text end

new text begin To the Department of Health for additional
source water protection activities.
new text end

new text begin Subd. 6. new text end new text begin Metropolitan Master Plan Implementation new text end

new text begin 400,000 new text end

new text begin 500,000 new text end

new text begin To the Metropolitan Council for
implementation of the master water
supply plan developed under Minnesota
Statutes, section 473.1565.
new text end

new text begin Subd. 7. new text end new text begin MDA Assessment and Protection new text end

new text begin 300,000 new text end

new text begin 440,000 new text end

new text begin To the Department of Agriculture for
groundwater assessment and drinking water
protection activities.
new text end

new text begin Subd. 8. new text end new text begin Appropriation Conditions new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 7. new text begin EDUCATION AND PUBLIC ENGAGEMENT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 300,000 new text end

new text begin $ new text end

new text begin 400,000 new text end

new text begin The appropriations in this section are to the
agencies specified for education and public
engagement on the protection, restoration,
and enhancement of waters of the state.
new text end

new text begin Subd. 2. new text end new text begin Nonpoint Civic Engagement new text end

new text begin 200,000 new text end

new text begin 250,000 new text end

new text begin (a) To the Board of Water and Soil Resources
for grants for civic engagement and education
in water restoration and protection activities
for nonpoint sources. The board shall give
consideration to civic engagement proposals
from basin or sub-basin organizations,
including the Mississippi Headwaters Board,
the Minnesota River Joint Powers Board,
Area II Minnesota River Basin Projects, and
the Red River Basin Commission. The board
shall develop a plan for expenditures under
this paragraph. By November 15, 2009, the
plan shall be submitted to the house and
senate chairs and ranking minority members
of the environmental finance divisions.
new text end

new text begin (b) $100,000 the first year and $100,000 the
second year are for grants to the Star Lake
Board established under Minnesota Statutes,
section 103B.702. The appropriation is a
pilot program to focus on engaging citizen
participation and fostering local partnerships
by increasing citizen involvement in water
quality enhancement by designating star
lakes and rivers. The board shall include
information on the results of this pilot
program in its next biennial report under
Minnesota Statutes, section 103B.702. The
second year grants are available only if
the Board of Water and Soil Resources
determines that the money granted in the first
year furthered the water quality goals in the
star lakes program in Minnesota Statutes,
section 103B.701.
new text end

new text begin Subd. 3. new text end new text begin TMDL Development Civic Engagement new text end

new text begin 100,000 new text end

new text begin 150,000 new text end

new text begin To the Pollution Control Agency for civic
engagement in TMDL development. The
agency shall develop a plan for expenditures
under this paragraph. The agency shall give
consideration to civic engagement proposals
from basin or sub-basin organizations,
including the Mississippi Headwaters Board,
the Minnesota River Joint Powers Board,
Area II Minnesota River Basin Projects,
and the Red River Basin Commission.
By November 15, 2009, the plan shall be
submitted to the house and senate chairs
and ranking minority members of the
environmental finance divisions.
new text end

new text begin Subd. 4. new text end new text begin Appropriation Conditions new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 8. new text begin RESEARCH AND TOOL DEVELOPMENT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 4,550,000 new text end

new text begin $ new text end

new text begin 4,650,000 new text end

new text begin The appropriations in this section are
to the agencies specified for research
and tool development for the protection,
enhancement, and restoration of waters of
the state.
new text end

new text begin Subd. 2. new text end new text begin Agricultural Practice Research, Evaluations, and Effectiveness new text end

new text begin 900,000 new text end

new text begin 950,000 new text end

new text begin (a) To the Department of Agriculture for
research, evaluation, and effectiveness
monitoring of agricultural practices and
load allocations and assisting in TMDL
development in restoring impaired waters.
new text end

new text begin (b) $150,000 the first year is for a grant to
the South Central Service Cooperative to
develop a water ecology pilot program to
develop a model curriculum on the protection
and restoration of the quality of surface water
and groundwater.
new text end

new text begin (c) $150,000 each year is for grants to the
livestock environmental quality assurance
program to develop resource management
plans, provide resource management analysis
and assistance, provide an implementation
plan, and provide for annual reporting on
water quality assessment and reasonable
assurance of the water quality effects for
the purposes of TMDL plans, including an
assurance walk-through for farms enrolled
in the program.
new text end

new text begin (d) December 15, 2010, the commissioner
of agriculture shall submit a report to the
chairs and ranking minority members of the
legislative committees and divisions with
jurisdiction over agriculture and environment
policy and finance on the activities of the
livestock environmental quality assurance
program. The report shall include:
new text end

new text begin (1) the number of farms enrolled;
new text end

new text begin (2) an analysis of the estimated water quality
improvements to enrolled farms;
new text end

new text begin (3) an analysis of the ability to provide
reasonable assurance of the water quality
effects; and
new text end

new text begin (4) consideration of recommendations
contained in the commissioner's report on
Star Farms.
new text end

new text begin Subd. 3. new text end new text begin County Geologic Atlases new text end

new text begin 400,000 new text end

new text begin 600,000 new text end

new text begin $400,000 the first year and $600,000
the second year are for collection and
interpretation of subsurface geological
information and acceleration of the county
geologic atlas program. $122,000 the
first year and $183,000 the second year
of this appropriation is to the Board of
Regents of the University of Minnesota for
the Geological Survey to continue and to
initiate the production of county geologic
atlases. $278,000 the first year and $417,000
the second year of this appropriation is
to the commissioner of natural resources
to investigate physical and recharge
characteristics. This appropriation represents
a continuing effort to complete the county
geologic atlases throughout the state.
new text end

new text begin Subd. 4. new text end new text begin High-Resolution Elevation Data new text end

new text begin 2,500,000 new text end

new text begin 3,100,000 new text end

new text begin To the commissioner of natural resources
to acquire and distribute high-resolution
elevation data collection using light detection
and ranging to aid with impaired waters
modeling and total maximum daily load
implementation under Minnesota Statutes,
chapter 114D.
new text end

new text begin Subd. 5. new text end new text begin Statewide Sustainable Water Resources Framework new text end

new text begin 750,000 new text end

new text begin 0 new text end

new text begin (a) To the University of Minnesota for the
development of a statewide sustainable
water resources framework to protect,
conserve, and enhance the quantity and
quality of the state's ground and surface
waters. The detailed framework shall be
developed by the University of Minnesota
Water Resources Center in cooperation with
staff from the Environmental Quality Board
and representatives who have expertise
in water resources from federal agencies,
state agencies, local governments, private
nonprofits, and other interested groups.
The framework must include, but is not
limited to, identification of infrastructure
needs; drinking water; groundwater and
surface waters; storm water; agricultural and
industrial needs; the interfaces of climate
change, development and land use, and
demographics; public engagement strategies;
and accountability mechanisms.
new text end

new text begin (b) The University of Minnesota,
in cooperation with staff from the
Environmental Quality Board, shall
submit the framework to the chairs
and ranking minority members of the
legislative committees with jurisdiction over
environment and natural resources policy
and finance by January 15, 2011.
new text end

new text begin Subd. 6. new text end new text begin Appropriation Conditions new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 9.

Minnesota Statutes 2008, section 116G.15, is amended to read:

116G.15 MISSISSIPPI RIVER new text begin CORRIDOR new text end CRITICAL AREA.

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

deleted text begin (a) deleted text end The federal Mississippi National
River and Recreation Area established pursuant to United States Code, title 16, section
460zz-2(k), is designated an area of critical concern in accordance with this chapter. deleted text begin The
governor shall review the existing Mississippi River critical area plan and specify any
additional standards and guidelines to affected communities in accordance with section
116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of
the area pending the completion of the federal plan. deleted text end new text begin The purpose of the designation is to: new text end

new text begin (1) protect and preserve the Mississippi River and adjacent lands that the legislature
finds to be unique and valuable state and regional resources for the benefit of the health,
safety, and welfare of the citizens of the state, region, and nation;
new text end

new text begin (2) prevent and mitigate irreversible damages to these state, regional, and natural
resources;
new text end

new text begin (3) preserve and enhance the natural, aesthetic, cultural, and historical values of the
Mississippi River and adjacent lands for public use and benefit;
new text end

new text begin (4) protect and preserve the Mississippi River as an essential element in the national,
state, and regional transportation, sewer and water, and recreational systems; and
new text end

new text begin (5) protect and preserve the biological and ecological functions of the Mississippi
River corridor.
new text end

deleted text begin The results of an environmental impact statement prepared under chapter 116D
begun before and completed after July 1, 1994, for a proposed project that is located in
the Mississippi River critical area north of the United States Army Corps of Engineers
Lock and Dam Number One must be submitted in a report to the chairs of the environment
and natural resources policy and finance committees of the house of representatives
and the senate prior to the issuance of any state or local permits and the authorization
for an issuance of any bonds for the project. A report made under this paragraph shall
be submitted by the responsible governmental unit that prepared the environmental
impact statement, and must list alternatives to the project that are determined by the
environmental impact statement to be economically less expensive and environmentally
superior to the proposed project and identify any legislative actions that may assist in the
implementation of environmentally superior alternatives. This paragraph does not apply
to a proposed project to be carried out by the Metropolitan Council or a metropolitan
agency as defined in section 473.121.
deleted text end

deleted text begin (b) If the results of an environmental impact statement required to be submitted by
paragraph (a) indicate that there is an economically less expensive and environmentally
superior alternative, then no member agency of the Environmental Quality Board shall
issue a permit for the facility that is the subject of the environmental impact statement,
other than an economically less expensive and environmentally superior alternative,
nor shall any government bonds be issued for the facility, other than an economically
less expensive and environmentally superior alternative, until after the legislature has
adjourned its regular session sine die in 1996.
deleted text end

new text begin Subd. 2. new text end

new text begin Administration; duties. new text end

new text begin (a) The commissioner of natural resources may
adopt rules under chapter 14 as are necessary for the administration of the Mississippi
River corridor critical area program. Duties of the Environmental Quality Council or the
Environmental Quality Board referenced in this chapter, related rules, and the governor's
executive order number 79-19, published in the State Register on March 12, 1979,
that are related to the Mississippi River corridor critical area shall be the duties of the
commissioner. All rules adopted by the board pursuant to these duties remain in effect
and shall be enforced until amended or repealed by the commissioner in accordance with
law. The commissioner shall work in consultation with the United States Army Corps of
Engineers, the National Park Service, the Metropolitan Council, other agencies, and local
units of government to ensure that the Mississippi River corridor critical area is managed
as a multipurpose resource in a way that:
new text end

new text begin (1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
and historic resources and functions of the river corridor;
new text end

new text begin (2) maintains the river channel for transportation by providing and maintaining
barging and fleeting areas in appropriate locations consistent with the character of the
Mississippi River and riverfront;
new text end

new text begin (3) provides for the continuation and development of a variety of urban uses,
including industrial and commercial uses, and residential uses, where appropriate, within
the Mississippi River corridor;
new text end

new text begin (4) utilizes certain reaches of the river as a source of water supply and as a receiving
water for properly treated sewage, stormwater, and industrial waste effluents; and
new text end

new text begin (5) protects and preserves the biological and ecological functions of the corridor.
new text end

new text begin (b) The Metropolitan Council shall incorporate the standards developed under
this section into its planning and shall work with local units of government and the
commissioner to ensure the standards are being adopted and implemented appropriately.
new text end

new text begin Subd. 3. new text end

new text begin Districts. new text end

new text begin The commissioner shall establish, by rule, districts within
the Mississippi River corridor critical area. The commissioner must seek to determine
an appropriate number of districts within any one municipality and take into account
municipal plans and policies, and existing ordinances and conditions. The commissioner
shall consider the following when establishing the districts:
new text end

new text begin (1) the protection of resources that existed as of March 12, 1979;
new text end

new text begin (2) the protection of improvements such as parks, trails, natural areas, recreational
areas, and interpretive centers;
new text end

new text begin (3) the use of the Mississippi River as a source of drinking water;
new text end

new text begin (4) the protection of resources identified in the Mississippi National River and
Recreation Area Comprehensive Management Plan;
new text end

new text begin (5) the protection of resources identified in comprehensive plans developed by
counties, cities, and towns within the Mississippi River corridor critical area;
new text end

new text begin (6) the intent of the Mississippi River corridor critical area land use districts from
the governor's executive order number 79-19, published in the State Register on March
12, 1979; and
new text end

new text begin (7) identified scenic, geologic, and ecological resources.
new text end

new text begin Subd. 4. new text end

new text begin Standards. new text end

new text begin (a) The commissioner shall establish, by rule, minimum
guidelines and standards for the districts established in subdivision 3. The guidelines
and standards for each district shall include: the intent of each district; key resources
and features to be protected or enhanced based upon paragraph (b); permitted uses;
and dimensional and performance standards for development. The commissioner must
take into account municipal plans and policies, and existing ordinances and conditions
when developing the guidelines in this section. The commissioner may provide certain
exceptions and criteria for standards, including, but not limited to, exceptions for river
access facilities, water supply facilities, stormwater facilities, and wastewater treatment
facilities, and hydropower facilities.
new text end

new text begin (b) The guidelines and standards must protect or enhance the following key
resources and features:
new text end

new text begin (1) floodplains;
new text end

new text begin (2) wetlands;
new text end

new text begin (3) gorges;
new text end

new text begin (4) areas of confluence with key tributaries;
new text end

new text begin (5) natural drainage routes;
new text end

new text begin (6) shorelines and riverbanks;
new text end

new text begin (7) bluffs;
new text end

new text begin (8) steep slopes and very steep slopes;
new text end

new text begin (9) unstable soils and bedrock;
new text end

new text begin (10) significant existing vegetative stands, tree canopies, and native plant
communities;
new text end

new text begin (11) scenic views and vistas;
new text end

new text begin (12) publicly owned parks, trails, and open spaces;
new text end

new text begin (13) cultural and historic sites and structures; and
new text end

new text begin (14) water quality.
new text end

new text begin (c) The commissioner shall establish a map to define bluffs and bluff-related features
within the Mississippi River corridor critical area. At the outset of the rulemaking process,
the commissioner shall create a preliminary map of all the bluffs and bluff lines within
the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
commissioner may add to or remove areas of demonstrably unique or atypical conditions
that warrant special protection or exemption. At the end of the rulemaking process, the
commissioner shall adopt a final bluff map that contains associated features, including
bluff lines, bases of bluffs, steep slopes, and very steep slopes.
new text end

new text begin (d) The following guidelines shall be used by the commissioner to create a
preliminary bluff map as part of the rulemaking process:
new text end

new text begin (1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
high, steep, natural topographic feature such as a broad hill, cliff, or embankment with
a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
base and the bluff line;
new text end

new text begin (2) "bluff line" means a line delineating the top of a slope connecting the points
at which the slope becomes less than 18 percent. More than one bluff line may be
encountered proceeding upslope from the river valley;
new text end

new text begin (3) "base of the bluff" means a line delineating the bottom of a slope connecting
the points at which the slope becomes 18 percent or greater. More than one bluff base
may be encountered proceeding landward from the water;
new text end

new text begin (4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
topographic features with an average slope of 12 to 18 percent measured over a horizontal
distance of 50 feet or more; and
new text end

new text begin (5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
natural topographic features with an average slope of 18 percent or greater, measured over
a horizontal distance of 50 feet or more.
new text end

new text begin Subd. 5. new text end

new text begin Application. new text end

new text begin The standards established under this section shall be used:
new text end

new text begin (1) by local units of government when preparing or updating plans or modifying
regulations;
new text end

new text begin (2) by state and regional agencies for permit regulation and in developing plans
within their jurisdiction;
new text end

new text begin (3) by the Metropolitan Council for reviewing plans, regulations, and development
permit applications; and
new text end

new text begin (4) by the commissioner when approving plans, regulations, and development
permit applications.
new text end

new text begin Subd. 6. new text end

new text begin Notification; fees. new text end

new text begin A local unit of government or a regional or state agency
shall notify the commissioner of natural resources of all developments in the corridor that
require discretionary actions under their rules at least 10 days before taking final action on
the application. A local unit of government or agency failing to notify the commissioner at
least ten days before taking final action shall submit a late fee of $50 to the commissioner.
For purposes of this section, a discretionary action includes all actions that require a public
hearing, including variances, conditional use permits, and zoning amendments.
new text end

new text begin Subd. 7. new text end

new text begin Rules. new text end

new text begin The commissioner shall adopt rules to ensure compliance with this
section. By January 15, 2010, the commissioner shall begin the rulemaking required by
this section. Until the rules required under this section take effect, the commissioner
shall administer the Mississippi River corridor critical area program in accordance with
the governor's executive order number 79-19, published in the State Register on March
12, 1979.
new text end

ARTICLE 2

GENERAL PROVISIONS

Section 1. new text begin LEGACY WEB SITE new text end

new text begin (a) The Legislative Coordinating
Commission shall establish and maintain
a Web site to provide information on all
projects receiving appropriations in this
act. The commission may provide a link
to a state Web site that contains all of the
necessary information on projects to satisfy
this requirement. The Web site must provide
information for each project, including, but
not limited to:
new text end

new text begin (1) the name of the project;
new text end

new text begin (2) a brief description of the project;
new text end

new text begin (3) the amount of money appropriated in this
act for the project;
new text end

new text begin (4) any nonstate sources of funding specified
for the project; and
new text end

new text begin (5) goals and outcomes of the project.
new text end

new text begin (b) As a condition of accepting an
appropriation in this act, any agency or entity
receiving an appropriation must provide the
information to the Legislative Coordinating
Commission that is necessary to establish and
maintain the Web site under paragraph (a).
The provision of the necessary information
required for the Web site under paragraph (a)
to another state entity that is linked to the
commission's Web site shall be considered
meeting this requirement.
new text end

new text begin (c) $50,000 in fiscal year 2010 is appropriated
to the Legislative Coordinating Commission
for the costs of developing and implementing
a Web site to contain information on projects
receiving appropriations from the outdoor
heritage fund, the clean water fund, and
the parks and trails fund. Of this amount,
$10,000 is from the outdoor heritage fund;
$25,000 is from the clean water fund; and
$15,000 is from the parks and trails fund.
new text end

Sec. 2. new text begin SIGNS new text end

new text begin (a) The Legislative Coordinating
Commission shall sponsor a contest
for selecting the design of a logo to use on
signage for projects receiving money from
the outdoor heritage fund, the clean water
fund, and the parks and trails fund.
new text end

new text begin (b) As a condition of accepting an
appropriation in this act, any agency or entity
receiving an appropriation must provide a
sign with the logo selected under paragraph
(a) at all access points to any land or water
resources that were:
new text end

new text begin (1) acquired, in fee title or an interest in less
than fee title, with money appropriated in
this act; or
new text end

new text begin (2) restored, protected, or enhanced with
money appropriated in this act.
new text end

Sec. 3. new text begin 25-YEAR STRATEGIC PLAN. new text end

new text begin By January 15, 2011, the legislative
committees, divisions, or councils
responsible for recommending expenditures
to the full legislature from the outdoor
heritage fund, the clean water fund, and the
parks and trails fund must develop, with
broad public input, and adopt a 25-year
strategic plan for the expenditures that
will be recommended from the funds. The
plan must include applicable outcomes
for restoring, protecting, and enhancing
wetlands, prairies, forests, habitat for fish and
game, lakes, rivers, streams, groundwater,
and supporting parks and trails. The strategic
plan shall be updated on a regular basis, but
no longer than every five years. The Web
site established under section 1 must include
a link to the plans developed under this
section. The plan for restoring, protecting,
and enhancing wetlands, prairies, forests,
habitat for fish and game must be based
on ecological sections and subsections
established by the Department of Natural
Resources and be based on sound science
and achieve benefits across all ecological
sections within the state. The plan for
restoring, protecting, and enhancing lakes,
rivers, streams, and groundwater must be
based on watersheds and aquifers, and shall
take into account existing plans, be based on
sound science, and achieve benefits across
all ecological sections within the state. Any
recommendations for appropriations may be
prioritized based on science and urgency.
new text end