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HF 1781

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/13/2015 03:45pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/12/2015
1st Engrossment Posted on 04/13/2015

Current Version - 1st Engrossment

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A bill for an act
relating to clean water; appropriating money from the clean water fund;
modifying various provisions governing soil and water conservation; providing
for a comprehensive watershed management planning program; modifying
membership of the Clean Water Council; amending Minnesota Statutes 2014,
sections 103A.206; 103B.101, by adding a subdivision; 103C.101, by adding
a subdivision; 103C.401, subdivision 1; 103C.501, subdivision 5; 114D.30,
subdivision 2; Laws 2013, chapter 137, article 2, section 6; proposing coding
for new law in Minnesota Statutes, chapter 103B.

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

Section 1. 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 act. 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 "2016" and "2017" used
in this act mean that the appropriations listed under them are available for the fiscal year
ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016.
"The second year" is fiscal year 2017. "The biennium" is fiscal years 2016 and 2017.
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 2016
new text end
new text begin 2017
new text end

Sec. 2. new text begin CLEAN WATER
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 110,160,000
new text end
new text begin $
new text end
new text begin 109,955,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
sections.
new text end

new text begin Subd. 2. new text end

new text begin Availability of Appropriation
new text end

new text begin Money appropriated in this article may
not be spent on activities unless they are
directly related to and necessary for a
specific appropriation. Money appropriated
in this article must be spent in accordance
with Minnesota Management and Budget's
Guidance to Agencies on Legacy Fund
Expenditure. Notwithstanding Minnesota
Statutes, section 16A.28, and unless
otherwise specified in this article, fiscal year
2016 appropriations are available until June
30, 2017, and fiscal year 2017 appropriations
are available until June 30, 2018. If a project
receives federal funds, the time period of
the appropriation is extended to equal the
availability of federal funding.
new text end

Sec. 3. new text begin DEPARTMENT OF AGRICULTURE
new text end

new text begin $
new text end
new text begin 5,834,000
new text end
new text begin $
new text end
new text begin 5,832,000
new text end

new text begin (a) $350,000 the first year and $350,000 the
second year are to increase monitoring for
pesticides and pesticide degradates in surface
water and groundwater and to use data
collected to assess pesticide use practices.
new text end

new text begin (b) $2,586,000 the first year and $2,585,000
the second year are for monitoring and
evaluating trends in the concentration of
nitrate in groundwater in areas vulnerable
to groundwater degradation; monitoring
for pesticides when nitrate is detected;
promoting, developing, and evaluating
regional and crop-specific nutrient best
management practices; assessing best
management practice adoption; education
and technical support from University of
Minnesota Extension; and other actions to
protect groundwater from degradation from
nitrate. This appropriation is available until
June 30, 2018.
new text end

new text begin (c) $75,000 the first year and $75,000 the
second year are for administering clean water
funds managed through the agriculture best
management practices loan program. Any
unencumbered balance at the end of the
second year shall be added to the corpus of
the loan fund.
new text end

new text begin (d) $1,125,000 the first year and $1,125,000
the second year are for technical assistance,
research, and demonstration projects on
proper implementation of best management
practices and more precise information on
nonpoint contributions to impaired waters.
This appropriation is available until June 30,
2020.
new text end

new text begin (e) $788,000 the first year and $787,000 the
second year are for research to quantify and
reduce agricultural contributions to impaired
waters and for development and evaluation
of best management practices to protect and
restore water resources. This appropriation
is available until June 30, 2020.
new text end

new text begin (f) $50,000 the first year and $50,000 the
second year are for a research inventory
database containing water-related research
activities. Costs for information technology
development or support for this research
inventory database may be paid to the Office
of MN.IT Services. This appropriation is
available until June 30, 2018.
new text end

new text begin (g) $500,000 the first year and $500,000 the
second year are to implement the Minnesota
agricultural water quality certification
program statewide. This appropriation is
available until June 30, 2020.
new text end

new text begin (h) $110,000 the first year and $110,000 the
second year are to provide funding for a
regional irrigation water quality specialist
through University of Minnesota Extension.
new text end

new text begin (i) $250,000 the first year and $250,000 the
second year are for a perennial and cover crop
research program to develop perennial and
cover cropping systems specific to Minnesota
that are necessary to protect and restore the
state's surface and groundwater resources
while increasing efficiency, profitability, and
productivity of Minnesota farmers. This
appropriation is available until June 30, 2018.
new text end

Sec. 4. new text begin PUBLIC FACILITIES AUTHORITY
new text end

new text begin $
new text end
new text begin 9,250,000
new text end
new text begin $
new text end
new text begin 9,250,000
new text end

new text begin (a) $9,000,000 the first year and $9,000,000
the second year are for the point source
implementation grants program under
Minnesota Statutes, section 446A.073. This
appropriation is available until June 30, 2020.
new text end

new text begin (b) $250,000 the first year and $250,000
the second year are for small community
wastewater treatment grants and loans under
Minnesota Statues, section 446A.075. This
appropriation is available until June 30, 2020.
new text end

new text begin (c) If there are any uncommitted funds at
the end of each fiscal year under paragraph
(a) or (b), the Public Facilities Authority
may transfer the remaining funds to eligible
projects under any of the programs listed
in this section based on their priority rank
on the Pollution Control Agency's project
priority list.
new text end

Sec. 5. new text begin POLLUTION CONTROL AGENCY
new text end

new text begin $
new text end
new text begin 26,250,000
new text end
new text begin $
new text end
new text begin 26,248,000
new text end

new text begin (a) $8,250,000 the first year and $8,250,000
the second year are for completion of 20
percent of the needed statewide assessments
of surface water quality and trends. If the
amount in the first year is insufficient, the
amount in the second year is available in the
first year.
new text end

new text begin (b) $9,795,000 the first year and $9,795,000
the second year are to develop watershed
restoration and protection strategies
(WRAPS), which include total maximum
daily load (TMDL) studies and TMDL
implementation plans for waters listed on
the Unites 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 (c) $1,182,000 the first year and $1,181,000
the second year are for groundwater
assessment, including enhancing the
ambient monitoring network, modeling, and
evaluating trends, including the reassessment
of groundwater that was assessed ten to 15
years ago and found to be contaminated.
new text end

new text begin (d) $750,000 the first year and $750,000
the second year are for water quality
improvements in the lower St. Louis River
and Duluth harbor within the St. Louis River
System Area of Concern. This appropriation
must be matched at a rate of 65 percent
nonstate money to 35 percent state money.
new text end

new text begin (e) $275,000 the first year and $275,000 the
second year are for storm water research and
guidance.
new text end

new text begin (f) $1,150,000 the first year and $1,150,000
the second year are for TMDL research and
database development.
new text end

new text begin (g) $900,000 the first year and $900,000
the second year are for national pollutant
discharge elimination system wastewater and
storm water TMDL implementation efforts.
new text end

new text begin (h) $3,623,000 the first year and $3,622,000
the second year are for enhancing the
county-level delivery systems for subsurface
sewage treatment system (SSTS) activities
necessary to implement Minnesota Statutes,
sections 115.55 and 115.56, for protection
of groundwater, including base grants
for all counties with SSTS programs and
competitive grants to counties with specific
plans to significantly reduce water pollution
by reducing the number of systems that
are an imminent threat to public health or
safety or are otherwise failing. Counties that
receive base grants must report the number
of sewage noncompliant properties upgraded
through SSTS replacement, connection
to a centralized sewer system, or other
means, including property abandonment
or buy-out. Counties also must report
the number of existing SSTS compliance
inspections conducted in areas under county
jurisdiction. These required reports are to
be part of established annual reporting for
SSTS programs. Counties that conduct SSTS
inventories or those with an ordinance in
place that requires an SSTS to be inspected
as a condition of transferring property or as a
condition of obtaining a local permit must be
given priority for competitive grants under
this paragraph. Of this amount, $750,000
each year is available to counties for grants to
low-income landowners to address systems
that pose an imminent threat to public health
or safety or fail to protect groundwater. A
grant awarded under this paragraph may not
exceed $500,000 for the biennium. A county
receiving a grant under this paragraph must
submit a report to the agency listing the
projects funded, including an account of the
expenditures.
new text end

new text begin (i) $275,000 the first year and $275,000
the second year are for a storm water
best management practice performance
evaluation and technology transfer program
to enhance data and information management
of storm water best management practices;
evaluate best management performance
and effectiveness to support meeting total
maximum daily loads; develop standards
and incorporate state of the art guidance
using minimal impact design standards as
the model; and implement a knowledge
and technology transfer system across
local government, industry, and regulatory
sectors for pass-through to the University of
Minnesota. This appropriation is available
until June 30, 2018.
new text end

new text begin (j) $50,000 the first year and $50,000 the
second year are to support activities of the
Clean Water Council according to Minnesota
Statutes, section 114D.30, subdivision 1.
new text end

new text begin (k) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations in this
section encumbered on or before June 30,
2017, as grants or contracts are available
until June 30, 2020.
new text end

Sec. 6. new text begin DEPARTMENT OF NATURAL
RESOURCES
new text end

new text begin $
new text end
new text begin 8,500,000
new text end
new text begin $
new text end
new text begin 8,500,000
new text end

new text begin (a) $2,000,000 the first year and $2,000,000
the second year are for stream flow
monitoring.
new text end

new text begin (b) $1,300,000 the first year and $1,300,000
the second year are for lake Index of
Biological Integrity (IBI) assessments.
new text end

new text begin (c) $135,000 the first year and $135,000
the second year are for assessing mercury
and other contaminants of fish, including
monitoring to track the status of impaired
waters over time.
new text end

new text begin (d) $1,940,000 the first year and $1,940,000
the second year are for developing targeted,
science-based watershed restoration and
protection strategies.
new text end

new text begin (e) $1,375,000 the first year and $1,375,000
the second year are for water supply planning,
aquifer protection, and monitoring activities.
new text end

new text begin (f) $500,000 the first year and $500,000 the
second year are for technical assistance to
support local implementation of nonpoint
source restoration and protection activities,
including water quality protection in forested
watersheds.
new text end

new text begin (g) $675,000 the first year and $675,000 the
second year are for applied research and tools,
including watershed hydrologic modeling;
maintaining and updating spatial data for
watershed boundaries, streams, and water
bodies and integrating high-resolution digital
elevation data; assessing effectiveness of
forestry best management practices for water
quality; and developing a biomonitoring
database.
new text end

new text begin (h) $250,000 the first year and $250,000
the second year are for developing county
geologic atlases.
new text end

new text begin (i) $325,000 the first year and $325,000 the
second year are for color infrared imagery
and analysis to determine the extent of
permanent vegetation in riparian areas.
new text end

Sec. 7. new text begin BOARD OF WATER AND SOIL
RESOURCES
new text end

new text begin $
new text end
new text begin 55,088,000
new text end
new text begin $
new text end
new text begin 55,088,000
new text end

new text begin (a) $8,929,000 the first year and $8,929,000
the second year are for grants to local
government units organized for the
management of water in a watershed or
subwatershed that have multiyear plans
that will result in a significant reduction in
water pollution in a selected subwatershed.
The grants may be used for establishment
of riparian buffers; practices to store
water for natural treatment and infiltration,
including rain gardens; capturing storm
water for reuse; stream bank, shoreland, and
ravine stabilization; enforcement activities;
and implementation of best management
practices for feedlots within riparian areas
and other practices demonstrated to be
most effective in protecting, enhancing, and
restoring water quality in lakes, rivers, and
streams and protecting groundwater from
degradation. Grant recipients must identify
a nonstate match and may use other legacy
funds to supplement projects funded under
this paragraph. Grants awarded under this
paragraph are available for four years and
priority must be given to the best designed
plans each year.
new text end

new text begin (b) $14,775,000 the first year and
$14,775,000 the second year are for grants
to protect and restore surface water and
drinking water; to keep water on the land; to
protect, enhance, and restore water quality
in lakes, rivers, and streams; and to protect
groundwater and drinking water, including
feedlot water quality and subsurface sewage
treatment system projects and stream bank,
stream channel, shoreline restoration,
and ravine stabilization projects. The
projects must use practices demonstrated
to be effective, be of long-lasting public
benefit, include a match, and be consistent
with total maximum daily load (TMDL)
implementation plans, watershed restoration
and protection strategies (WRAPS), or local
water management plans or their equivalents.
new text end

new text begin (c) $6,000,000 the first year and $6,000,000
the second year are for targeted local
resource protection and enhancement grants
and statewide program enhancements for
technical assistance, citizen and community
outreach, and training and certification, as
well as projects, practices, and programs that
supplement or otherwise exceed current state
standards for protection, enhancement, and
restoration of water quality in lakes, rivers,
and streams or that protect groundwater from
degradation, including compliance.
new text end

new text begin (d) $950,000 the first year and $950,000
the second year are to provide state
oversight and accountability, evaluate
results, provide implementation tools, and
measure the value of conservation program
implementation by local governments,
including submission to the legislature by
March 1 each even-numbered year a biennial
report prepared by the board, in consultation
with the commissioners of natural resources,
health, agriculture, and the Pollution Control
Agency, detailing the recipients, the projects
funded under this section, and the amount of
pollution reduced.
new text end

new text begin (e) $1,000,000 the first year and $1,000,000
the second year are for grants to local units
of government to enhance compliance
with Minnesota Statutes, sections 103F.401
to 103F.455, and Minnesota Rules, part
6120.3300, subpart 7, including enforcement
efforts.
new text end

new text begin (f) $7,500,000 the first year and $7,500,000
the second year are to restore or preserve
permanent conservation on riparian buffers
adjacent to lakes, rivers, streams, and
tributaries, to keep water on the land in order
to decrease sediment, pollutant, and nutrient
transport; reduce hydrologic impacts to
surface waters; and increase infiltration for
groundwater recharge. This appropriation
may be used for restoration of riparian
buffers permanently protected by easements
purchased with this appropriation or contracts
to achieve permanent protection for riparian
buffers or stream bank restorations when the
riparian buffers have been restored. Up to
$344,000 is for deposit in a monitoring and
enforcement account.
new text end

new text begin (g) $1,750,000 the first year and $1,750,000
the second year are for permanent
conservation easements on wellhead
protection areas under Minnesota Statutes,
section 103F.515, subdivision 2, paragraph
(d), or for grants to local units of government
for fee title acquisition to permanently
protect groundwater supply sources on
wellhead protection areas or for otherwise
assuring long-term protection of groundwater
supply sources as described under alternative
management tools in the Department
of Agriculture's Nitrogen Fertilizer
Management Plan, including low nitrogen
cropping systems or implementing nitrogen
fertilizer best management practices. Priority
must be placed on land that is located where
the vulnerability of the drinking water supply
is designated as high or very high by the
commissioner of health and where drinking
water protection plans have identified
specific activities that will achieve long-term
protection. Up to $52,500 is for deposit in a
monitoring and enforcement account.
new text end

new text begin (h) $750,000 the first year and $750,000
the second year are for community partner
grants to local units of government for:
(1) structural or vegetative management
practices that reduce storm water runoff
from developed or disturbed lands to reduce
the movement of sediment, nutrients, and
pollutants for restoration, protection, or
enhancement of water quality in lakes, rivers,
and streams and to protect groundwater
and drinking water; and (2) installation
of proven and effective water retention
practices including, but not limited to, rain
gardens and other vegetated infiltration
basins and sediment control basins in order
to keep water on the land. The projects must
be of long-lasting public benefit, include a
local match, and be consistent with TMDL
implementation plans, watershed restoration
and protection strategies (WRAPS), or local
water management plans or their equivalents.
Local government unit costs may be used as
a match.
new text end

new text begin (i) $84,000 the first year and $84,000 the
second year are for a technical evaluation
panel to conduct ten restoration evaluations
under Minnesota Statutes, section 114D.50,
subdivision 6.
new text end

new text begin (j) $2,100,000 the first year and $2,100,000
the second year are for assistance, oversight,
and grants to local governments to transition
local water management plans to a watershed
approach as provided for in Minnesota
Statutes, chapters 103B, 103C, 103D, and
114D.
new text end

new text begin (k) $750,000 the first year and $750,000
the second year are for technical assistance
and grants for the conservation drainage
program in consultation with the Drainage
Work Group, coordinated under Minnesota
Statutes, section 103B.101, subdivision
13, that includes projects to improve
multipurpose water management under
Minnesota Statutes, section 103E.015.
new text end

new text begin (l) $9,000,000 the first year and $9,000,000
the second year are to purchase and restore
permanent conservation sites via easements
or contracts to treat and store water on the
land for water quality improvement purposes.
This work must be done in cooperation with
the United States Department of Agriculture
with a first priority use to accomplish
a conservation reserve enhancement
program, or equivalent, in the state. Up to
$1,285,000 is for deposit in a monitoring and
enforcement account.
new text end

new text begin (m) $1,000,000 the first year and $1,000,000
the second year are to purchase permanent
conservation easements to protect lands
adjacent to public waters with good water
quality but threatened with degradation. Up
to $190,000 is for deposit in a monitoring
and enforcement account.
new text end

new text begin (n) $500,000 the first year and $500,000
the second year are for a program to
systematically collect data and produce
county, watershed, and statewide estimates
of soil erosion caused by water and wind
along with tracking adoption of conservation
measures to address erosion.
new text end

new text begin (o) The board shall contract for delivery
of services with Conservation Corps
Minnesota for restoration, maintenance, and
other activities under this section for up to
$500,000 the first year and up to $500,000
the second year.
new text end

new text begin (p) 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 (q) The board shall require grantees to
specify the outcomes that will be achieved
by the grants prior to any grant awards.
new text end

new text begin (r) The appropriations in this section are
available until June 30, 2020. Returned grant
funds are available until expended and shall
be regranted consistent with the purposes of
this section.
new text end

Sec. 8. new text begin DEPARTMENT OF HEALTH
new text end

new text begin $
new text end
new text begin 4,013,000
new text end
new text begin $
new text end
new text begin 3,812,000
new text end

new text begin (a) $1,100,000 the first year and $1,100,000
the second year are for addressing public
health concerns related to contaminants
found in Minnesota drinking water for which
no health-based drinking water standards
exist, including accelerating the development
of health risk limits and improving the
capacity of the department's laboratory to
analyze unregulated contaminants. The
commissioner shall contract with the Board
of Regents of the University of Minnesota
to provide an independent review of the
department's drinking water contaminants
of emerging concern program. The review
must include an assessment and ranking of
contaminants that are threats to drinking
water supplies and include benchmarking
that compares efforts at the department with
efforts by other states and the United States
Environmental Protection Agency. The
review must be submitted to the Clean Water
Council and the chairs and ranking minority
members of the house of representatives
and senate committees and divisions with
jurisdiction over environment and natural
resources by June 1, 2016.
new text end

new text begin (b) $1,900,000 the first year and $1,900,000
the second year are for protection of drinking
water sources.
new text end

new text begin (c) $113,000 the first year and $112,000 the
second year are for cost-share assistance to
public and private well owners for up to 50
percent of the cost of sealing unused wells.
new text end

new text begin (d) $125,000 the first year and $125,000
the second year are to develop and deliver
groundwater restoration and protection
strategies for use on a watershed scale for use
in local water planning efforts and to provide
resources to local governments for drinking
water source protection activities.
new text end

new text begin (e) $325,000 the first year and $325,000 the
second year are for studying the occurrence
and magnitude of contaminants in private
wells and developing guidance to ensure
that new well placement minimizes the
potential for risks, in cooperation with the
commissioner of agriculture.
new text end

new text begin (f) $275,000 the first year and $75,000
the second year are for development
and implementation of a groundwater
virus monitoring plan, including an
epidemiological study to determine the
association between groundwater virus
concentration and community illness rates.
new text end

new text begin (g) $175,000 the first year and $175,000 the
second year are to prepare a comprehensive
study of and recommendations for regulatory
and nonregulatory approaches to water reuse
for use in the development of state policy for
water reuse in Minnesota.
new text end

new text begin (h) Unless otherwise specified, the
appropriations in this section are available
until June 30, 2019.
new text end

Sec. 9. new text begin METROPOLITAN COUNCIL
new text end

new text begin $
new text end
new text begin 1,225,000
new text end
new text begin $
new text end
new text begin 1,225,000
new text end

new text begin (a) $975,000 the first year and $975,000
the second year are to implement projects
that address emerging drinking water supply
threats, provide cost-effective regional
solutions, leverage interjurisdictional
coordination, support local implementation
of water supply reliability projects, and
prevent degradation of groundwater
resources in the metropolitan area. These
projects will provide to communities:
new text end

new text begin (1) potential solutions to leverage regional
water use through utilization of surface water,
storm water, wastewater, and groundwater;
new text end

new text begin (2) an analysis of infrastructure requirements
for different alternatives;
new text end

new text begin (3) development of planning level cost
estimates, including capital cost and
operation cost;
new text end

new text begin (4) identification of funding mechanisms
and an equitable cost-sharing structure
for regionally beneficial water supply
development projects; and
new text end

new text begin (5) development of subregional groundwater
models.
new text end

new text begin (b) $250,000 the first year and $250,000
the second year are for the water demand
reduction grant program to encourage
implementation of water demand reduction
measures by municipalities in the
metropolitan area to ensure the reliability and
protection of drinking water supplies.
new text end

Sec. 10.

Minnesota Statutes 2014, section 103A.206, is amended to read:


103A.206 SOIL AND WATER CONSERVATION POLICY.

Maintaining and enhancing the quality of soil and water for the environmental and
economic benefits they produce, preventing degradation, and restoring degraded soil and
water resources of this state contribute greatly to the health, safety, economic well-being,
and general welfare of this state and its citizens. Land occupiers have the responsibility to
implement practices that conserve the soil and water resources of the state. Soil and water
conservation measures implemented on private lands in this state provide benefits to the
general public by reducing erosion, sedimentation, siltation, water pollution, and damages
caused by floods. The soil and water conservation policy of the state is to encourage land
occupiers to conserve soil, water, and the natural resources they support through the
implementation of practices that:

(1) control or prevent erosion, sedimentation, siltation, and related pollution in
order to preserve natural resources;

(2) ensure continued new text begin soil health, as defined under section 103C.101, subdivision
10a, and
new text end soil productivity;

(3) protect water quality;

(4) prevent impairment of dams and reservoirs;

(5) reduce damages caused by floods;

(6) preserve wildlife;

(7) protect the tax base; and

(8) protect public lands and waters.

Sec. 11.

Minnesota Statutes 2014, section 103B.101, is amended by adding a
subdivision to read:


new text begin Subd. 16. new text end

new text begin Water quality practices; standardized specifications. new text end

new text begin The Board of
Water and Soil Resources shall work with state and federal agencies, academic institutions,
local governments, practitioners, and stakeholders to foster mutual understanding and
provide recommendations for standardized specifications for water quality and soil
conservation protection and improvement practices and projects. The board may convene
working groups or work teams to develop information, education, and recommendations.
new text end

Sec. 12.

new text begin [103B.801] COMPREHENSIVE WATERSHED MANAGEMENT
PLANNING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions under section 103B.3363, subdivisions 2
to 4, apply to this section.
new text end

new text begin Subd. 2. new text end

new text begin Program purposes. new text end

new text begin The purposes of the comprehensive watershed
management plan program under section 103B.101, subdivision 14, paragraph (a), are to:
new text end

new text begin (1) align local water planning purposes and procedures under chapters 103B, 103C,
and 103D on watershed boundaries to create a systematic, watershed-wide, science-based
approach to watershed management;
new text end

new text begin (2) acknowledge and build off existing local government structure, water plan
services, and local capacity;
new text end

new text begin (3) incorporate and make use of data and information, including watershed
restoration and protection strategies under section 114D.26;
new text end

new text begin (4) solicit input and engage experts from agencies, citizens, and stakeholder groups;
new text end

new text begin (5) focus on implementation of prioritized and targeted actions capable of achieving
measurable progress; and
new text end

new text begin (6) serve as a substitute for a comprehensive plan, local water management plan, or
watershed management plan developed or amended, approved, and adopted, according
to chapter 103B, 103C, or 103D.
new text end

new text begin Subd. 3. new text end

new text begin Coordination. new text end

new text begin The board shall develop policies for coordination and
development of comprehensive watershed management plans. To ensure effectiveness
and accountability in meeting the purposes of subdivision 2, these policies must address,
at a minimum:
new text end

new text begin (1) a boundary framework consistent with section 103B.101, subdivision 14,
paragraph (a), and procedures, requirements, and criteria for establishing or modifying
the framework consistent with the goals of section 103A.212. The metropolitan area, as
defined under section 473.121, subdivision 2, may be considered for inclusion in the
boundary framework. If included, the metropolitan area is not excluded from the water
management programs under sections 103B.201 to 103B.255;
new text end

new text begin (2) requirements for coordination, participation, and commitment between local
government units in the development, approval, adoption, and implementation of
comprehensive watershed management plans within planning boundaries identified
according to this subdivision;
new text end

new text begin (3) requirements for consistency with state agency-adopted water and natural
resources-related plans and documents required by chapters 103A, 103B, 103C, 103D,
103E, 103F, 103G, and 114D; and
new text end

new text begin (4) procedures for plan development, review, and approval consistent with the intent
of sections 103B.201, 103B.255, 103B.311, 103B.321, 103D.401, and 103D.405. If the
procedures in these sections are contradictory as applied to a specific proceeding, the
board must establish a forum where the public interest conflicts involved can be presented
and, by consideration of the whole body of water law, the controlling policy can be
determined and apparent inconsistencies resolved.
new text end

new text begin Subd. 4. new text end

new text begin Plan content. new text end

new text begin (a) The board shall develop policies for required
comprehensive watershed management plan content consistent with comprehensive local
water management planning. To ensure effectiveness and accountability in meeting the
purposes of subdivision 2, plan content must include, at a minimum:
new text end

new text begin (1) an analysis and prioritization of issues and resource concerns;
new text end

new text begin (2) measurable goals to address the issues and concerns, including but not limited to:
new text end

new text begin (i) restoration, protection, and preservation of natural surface water and groundwater
storage and retention systems;
new text end

new text begin (ii) minimization of public capital expenditures needed to correct flooding and
water quality problems;
new text end

new text begin (iii) restoration, protection, and improvement of surface water and groundwater
quality;
new text end

new text begin (iv) establishment of more uniform local policies and official controls for surface
water and groundwater management;
new text end

new text begin (v) identification of priority areas for wetland enhancement, restoration, and
establishment;
new text end

new text begin (vi) identification of priority areas for riparian zone management and buffers;
new text end

new text begin (vii) prevention of erosion and soil transport into surface water systems;
new text end

new text begin (viii) promotion of groundwater recharge;
new text end

new text begin (ix) protection and enhancement of fish and wildlife habitat and water recreational
facilities; and
new text end

new text begin (x) securing other benefits associated with the proper management of surface water
and groundwater;
new text end

new text begin (3) a targeted implementation schedule describing at a minimum the actions,
locations, timeline, estimated costs, method of measurement, and identification of roles
and responsible government units;
new text end

new text begin (4) a description of implementation programs, including how the implementation
schedule will be achieved and how the plan will be administered and coordinated between
local water management responsibilities; and
new text end

new text begin (5) a land and water resource inventory.
new text end

new text begin Subd. 5. new text end

new text begin Timelines; administration. new text end

new text begin (a) The board shall develop and adopt, by
June 30, 2016, a transition plan for development, approval, adoption, and coordination
of plans consistent with section 103A.212. The transition plan must include a goal of
completing statewide transition to comprehensive watershed management plans by 2025.
The metropolitan area may be considered for inclusion in the transition plan.
new text end

new text begin (b) The board may use the authority under section 103B.3369, subdivision 9, to
support development or implementation of a comprehensive watershed management
plan under this section.
new text end

new text begin Subd. 6. new text end

new text begin Authority. new text end

new text begin Notwithstanding any laws to the contrary, the authorities
granted to local government through chapters 103B, 103C, and 103D are retained when
a comprehensive watershed management plan is adopted as a substitute for a watershed
management plan required under section 103B.231, a county groundwater plan authorized
under section 103B.255, a county water plan authorized under section 103B.311, a
comprehensive plan authorized under section 103C.331, or a watershed management plan
required under section 103D.401 or 103D.405.
new text end

Sec. 13.

Minnesota Statutes 2014, section 103C.101, is amended by adding a
subdivision to read:


new text begin Subd. 10a. new text end

new text begin Soil health. new text end

new text begin "Soil health" means the continued capacity of soil to
function as a vital living system that sustains plants, animals, and humans. Indicators
of soil health include water infiltration capacity; organic matter content; water holding
capacity; biological capacity to break down plant residue and other substances and
to maintain soil aggregation; nutrient sequestration and cycling capacity; carbon
sequestration; and soil resistance.
new text end

Sec. 14.

Minnesota Statutes 2014, section 103C.401, subdivision 1, is amended to read:


Subdivision 1.

Powers and duties.

In addition to the powers and duties of the state
board provided by other law, the state board shall:

(1) offer to assist the district boards to implement their programs;

(2) keep the district boards of the state informed of the activities and experience of
other districts and facilitate cooperation and an interchange of advice and experience
among the districts;

(3) coordinate the programs and activities of the districts with appropriate agencies
by advice and consultation;

(4) approve or disapprove the plans or programs of districts relating to the use of
state funds administered by the state board;

(5) secure the cooperation and assistance of agencies in the work of the districts
and develop a program to advise and assist appropriate agencies in obtaining state and
federal funds for erosion, sedimentation, flooding, and agriculturally related pollution
control programs;

(6) develop and implement a public information program concerning the districts'
activities and programs, the problems and preventive practices relating to erosion control,
sedimentation, agriculturally related pollution, flood prevention, and the advantages of
formation of districts in areas where their organization is desirable;

(7) consolidate districts without a hearing or a referendum;

(8) assist the statewide program to inventory and classify the types of soils in the
state as determined by the Minnesota Cooperative Soil Survey;

(9) identify research needs and cooperate with other public agencies in research
concerning the nature and extent of erosion, sedimentation, flooding and agriculturally
related pollution, the amounts and sources of sediment and pollutants delivered to the
waters of the state, and long-term soil productivity;

(10) develop structural, land use management practice, and other programs to reduce
or prevent soil erosion, sedimentation, flooding, and agriculturally related pollution;

(11) develop a system of priorities to identify the erosion, flooding, sediment, and
agriculturally related pollution problem areas that most need control systems;

(12) ensure compliance with statewide programs and policies established by the state
board by advice, consultation, and approval of grant agreements with the districts; deleted text begin and
deleted text end

(13) service requests from districts to consolidate districts across county boundaries
and facilitate other agreed-to reorganizations of districts with other districts or other
local units of government, including making grants, within the limits of available funds,
to offset the cost of consolidation or reorganizationnew text begin ; and
new text end

new text begin (14) develop and implement a state-led technical training and certification programnew text end .

Sec. 15.

Minnesota Statutes 2014, section 103C.501, subdivision 5, is amended to read:


Subd. 5.

Contracts by districts.

(a) A district board may contract on a cost-share
basis to furnish financial aid to a land occupier or to a state agency for permanent systems
for erosion or sedimentation control or water quality or water quantity improvements that
are consistent with the district's comprehensive and annual work plans.

new text begin (b) A district board, with approval from the state board and consistent with state
board rules and policies, may contract on a cost-share basis to furnish financial aid to a
land occupier for nonstructural land management practices that are part of a planned
erosion control or water quality improvement plan.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end The duration of the contract must, at a minimum, be the time required to
complete the planned systems. A contract must specify that the land occupier is liable for
monetary damages and penalties in an amount up to 150 percent of the financial assistance
received from the district, for failure to complete the systems or practices in a timely
manner or maintain the systems or practices as specified in the contract.

deleted text begin (c)deleted text end new text begin (d)new text end A contract may provide for cooperation or funding with federal agencies.
A land occupier or state agency may provide the cost-sharing portion of the contract
through services in kind.

deleted text begin (d)deleted text end new text begin (e)new text end The state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.

deleted text begin (e)deleted text end new text begin (f)new text end When a district board determines that long-term maintenance of a system or
practice is desirable, the board may require that maintenance be made a covenant upon
the land for the effective life of the practice. A covenant under this subdivision shall be
construed in the same manner as a conservation restriction under section 84.65.

Sec. 16.

Minnesota Statutes 2014, section 114D.30, subdivision 2, is amended to read:


Subd. 2.

Membership; appointment.

(a) The commissioners of natural resources,
agriculture, health, and the Pollution Control Agency, deleted text begin anddeleted text end the executive director of the
Board of Water and Soil Resourcesnew text begin , the Board of Regents of the University of Minnesota,
and the Metropolitan Council
new text end shall each appoint one person from their respective deleted text begin agency
deleted text end new text begin entitynew text end to serve as a nonvoting member of the council. Two members of the house of
representatives, including one member from the majority party and one member from the
minority party, appointed by the speaker and two senators, including one member from
the majority party and one member from the minority party, appointed according to the
rules of the senate shall serve at the pleasure of the appointing authority as nonvoting
members of the council. deleted text begin Agency and legislativedeleted text end Members appointed under this paragraph
serve as nonvoting members of the council.

(b) deleted text begin Nineteendeleted text end new text begin Seventeennew text end voting members of the council shall be appointed by the
governor as follows:

(1) two members representing statewide farm organizations;

(2) two members representing business organizations;

(3) two members representing environmental organizations;

(4) one member representing soil and water conservation districts;

(5) one member representing watershed districts;

(6) one member representing nonprofit organizations focused on improvement of
Minnesota lakes or streams;

(7) two members representing organizations of county governments, one member
representing the interests of rural counties and one member representing the interests of
counties in the seven-county metropolitan area;

(8) two members representing organizations of city governments;

deleted text begin (9) one member representing the Metropolitan Council established under section
473.123;
deleted text end

deleted text begin (10)deleted text end new text begin (9)new text end one member representing township officers;

deleted text begin (11)deleted text end new text begin (10)new text end one member representing the interests of tribal governments;

deleted text begin (12)deleted text end new text begin (11)new text end one member representing statewide hunting organizations;new text begin and
new text end

deleted text begin (13) one member representing the University of Minnesota or a Minnesota state
university; and
deleted text end

deleted text begin (14)deleted text end new text begin (12)new text end one member representing statewide fishing organizations.

Members appointed under this paragraph must not be registered lobbyists or legislators.
In making appointments, the governor must attempt to provide for geographic balance.
The members of the council appointed by the governor are subject to the advice and
consent of the senate.

Sec. 17.

Laws 2013, chapter 137, article 2, section 6, is amended to read:


Sec. 6. DEPARTMENT OF NATURAL
RESOURCES

$
12,635,000
$
9,450,000

(a) $2,000,000 the first year and $2,000,000
the second year are for stream flow
monitoring, including the installation of
additional monitoring gauges, and monitoring
necessary to determine the relationship
between stream flow and groundwater.

(b) $1,300,000 the first year and $1,300,000
the second year are for lake Index of
Biological Integrity (IBI) assessments.

(c) $135,000 the first year and $135,000
the second year are for assessing mercury
deleted text begin contaminationdeleted text end new text begin and other contaminantsnew text end of
fish, including monitoring to track the status
of waters impaired by mercury and mercury
reduction efforts over time.

(d) $1,850,000 the first year and $1,850,000
the second year are for developing targeted,
science-based watershed restoration and
protection strategies, including regional
technical assistance for TMDL plans and
development of a watershed assessment tool,
in cooperation with the commissioner of the
Pollution Control Agency. By January 15,
2016, the commissioner shall submit a report
to the chairs and ranking minority members
of the senate and house of representatives
committees and divisions with jurisdiction
over environment and natural resources
policy and finance providing the outcomes
to lakes, rivers, streams, and groundwater
achieved with this appropriation and
recommendations.

(e) $1,375,000 the first year and $1,375,000
the second year are for water supply planning,
aquifer protection, and monitoring activities.

(f) $1,000,000 the first year and $1,000,000
the second year are for technical assistance
to support local implementation of nonpoint
source restoration and protection activities,
including water quality protection in forested
watersheds.

(g) $675,000 the first year and $675,000
the second year are for applied research
and tools, including watershed hydrologic
modeling; maintaining and updating spatial
data for watershed boundaries, streams, and
water bodies and integrating high-resolution
digital elevation data; assessing effectiveness
of forestry best management practices for
water quality; and developing an ecological
monitoring database.

(h) $615,000 the first year and $615,000
the second year are for developing county
geologic atlases.

(i) $85,000 the first year is to develop design
standards and best management practices
for public water access sites to maintain and
improve water quality by avoiding shoreline
erosion and runoff.

(j) $3,000,000 the first year is for beginning
to develop and designate groundwater
management areas under Minnesota Statutes,
section 103G.287, subdivision 4. The
commissioner, in consultation with the
commissioners of the Pollution Control
Agency, health, and agriculture, shall
establish a uniform statewide hydrogeologic
mapping system that will include designated
groundwater management areas. The
mapping system must include wellhead
protection areas, special well construction
areas, groundwater provinces, groundwater
recharge areas, and other designated or
geographical areas related to groundwater.
This mapping system shall be used to
implement all groundwater-related laws
and for reporting and evaluations. This
appropriation is available until June 30, 2017.

(k) $500,000 the first year and $500,000
the second year are for deleted text begin grantsdeleted text end new text begin a grant
program
new text end to new text begin help new text end counties and other local
units of government to adopt and implement
advanced shoreland protection deleted text begin measures
deleted text end new text begin standardsnew text end . The grants awarded under this
paragraph shall be for up to $100,000 and
must be used to deleted text begin restore and enhance riparian
areas
deleted text end new text begin cover the costs of developing and
adopting ordinances with advanced shoreland
protection standards or implementing
advanced shoreland protection standards
new text end to
protect, enhance, and restore water quality in
new text begin public waternew text end lakes,new text begin public water wetlands,
and public water
new text end riversdeleted text begin ,deleted text end and streams. Grant
recipients must submit a report to the
commissioner on the outcomes achieved
with the grant. deleted text begin To be eligible for a grant
under this paragraph, a county or other local
unit of government must be adopting or have
adopted an ordinance for the subdivision,
use, redevelopment, and development of
shoreland that has been approved by the
commissioner of natural resources as having
advanced shoreland protection measures. An
ordinance
deleted text end new text begin Recipients will be reimbursed for
eligible costs upon adoption of ordinances
and completion of implementation activities
as provided in this paragraph and as
stipulated in the grant agreement. Ordinances
adopted under this grant program
new text end mustnew text begin be
approved by the commissioner and
new text end meet or
exceed the following standards:

(1) requires new sewage treatment systems
to be set back at least 100 feet from the
ordinary high water level for recreational
developmentnew text begin lakenew text end shorelands and 75 feet for
general development lake shorelands;

(2) requires redevelopment and new
development on shoreland to have at least
a 50-foot vegetative buffer. An access path
and recreational use area may be allowed;

(3) requires mitigation when any variance to
standards designed to protectnew text begin public water
new text end lakes,new text begin public water wetlands, and public
water
new text end riversdeleted text begin ,deleted text end and streams is granted;

(4) requires best management practices to be
used to control storm water and sediment as
part of a land alteration;

(5) includes other deleted text begin criteriadeleted text end new text begin standards
new text end developed by the commissioner; and

(6) has been adopted by July 1, deleted text begin 2015deleted text end new text begin 2017new text end .

An ordinance that does not exceed all the
standards in clauses (1) to (5) is considered
to meet the requirement if the commissioner
determines that the ordinance provides
significantly greater protection for both
new text begin publicnew text end waters and deleted text begin shorelanddeleted text end new text begin shorelandsnew text end than
those standards.new text begin Implementation activities
funded under this grant program must meet
the advanced shoreland protection standards
and criteria described above. Grants awarded
under this program may not be used to
reimburse ordinance adoption or shoreland
protection implementation expenses incurred
prior to the date of a fully executed grant
agreement.
new text end

The commissioner of natural resources may
develop additional criteria for the grants
awarded under this deleted text begin paragraphdeleted text end new text begin programnew text end . In
developing the criteria, the commissioner
shall consider the proposed changes to
the department's shoreland rules discussed
during the rulemaking process authorized
under Laws 2007, chapter 57, article 1,
section 4, subdivision 3.

This appropriation is available until spent.

(l) $100,000 the first year is for the
commissioner of natural resources for
rulemaking under Minnesota Statutes,
section 116G.15, subdivision 7.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18. new text begin CANCELLATION OF PRIOR APPROPRIATIONS.
new text end

new text begin (a) The unspent balance of the appropriation to the Public Facilities Authority for the
clean water legacy phosphorus reduction grant program under Minnesota Statutes, section
446A.074, in Laws 2009, chapter 172, article 2, section 3, paragraph (b), is canceled.
new text end

new text begin (b) The unspent balance of the appropriation to the Public Facilities Authority for
the clean water legacy phosphorus reduction grant program under Minnesota Statutes,
section 446A.074, in Laws 2011, First Special Session chapter 6, article 2, section 4,
paragraph (b), is canceled.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end