SF 2543

as introduced - 86th Legislature (2009 - 2010) Posted on 02/10/2010 07:38am

A bill for an act
relating to capital investment; prohibiting funds under the reinvest in Minnesota
reserve program from being used for mitigation; requiring recipients of bond
funds to use certain low-impact development standards; appropriating money
for natural resources asset preservation and replacement and RIM conservation
reserve; authorizing the sale and issuance of state bonds; amending Minnesota
Statutes 2008, section 103F.515, by adding a subdivision; Minnesota Statutes
2009 Supplement, section 115.03, subdivision 5c.

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

Section 1.

Minnesota Statutes 2008, section 103F.515, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Use for mitigation prohibited. new text end

new text begin Funds made available under the reinvest
in Minnesota reserve program may not be used for fish and wildlife or wetland mitigation
purposes required under federal or state law.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 115.03, subdivision 5c, is
amended to read:

Subd. 5c.

Regulation of storm water discharges.

(a) The agency may issue a
general permit to any category or subcategory of point source storm water discharges
that it deems administratively reasonable and efficient without making any findings
under agency rules. Nothing in this subdivision precludes the agency from requiring an
individual permit for a point source storm water discharge if the agency finds that it is
appropriate under applicable legal or regulatory standards.

(b) Pursuant to this paragraph, the legislature authorizes the agency to adopt and
enforce rules regulating point source storm water discharges. No further legislative
approval is required under any other legal or statutory provision whether enacted before or
after May 29, 2003.

(c) The agency shall develop performance standards, design standards, or other
tools to enable and promote the implementation of low-impact development and other
storm water management techniques. For the purposes of this section, "low-impact
development" means an approach to storm water management that mimics a site's natural
hydrology as the landscape is developed. Using the low-impact development approach,
storm water is managed on-site and the rate and volume of predevelopment storm water
reaching receiving waters is unchanged. The calculation of predevelopment hydrology is
based on native soil and vegetation. new text begin To the extent possible, a recipient of state bond funds
shall utilize the standards developed under this paragraph.
new text end

Sec. 3. new text begin NATURAL RESOURCES ASSET PRESERVATION; RIM;
APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Natural resources asset preservation. new text end

new text begin $35,000,000 is appropriated
from the bond proceeds fund to the commissioner of natural resources for natural
resources asset preservation and replacement, to be spent in accordance with Minnesota
Statutes, section 84.946.
new text end

new text begin Subd. 2. new text end

new text begin Reinvest in Minnesota reserve program. new text end

new text begin (a) $35,000,000 is appropriated
to the Board of Water and Soil Resources to acquire conservation easements from
landowners to preserve, restore, create, and enhance wetlands; restore and enhance
rivers and streams, riparian lands, and associated uplands in order to protect soil and
water quality; support fish and wildlife habitat; reduce flood damages; and provide other
public benefits. The provisions of Minnesota Statutes, section 103F.515, apply to this
appropriation, except that the board may establish alternative payment rates for easements
and practices to establish restored native prairies, as defined in Minnesota Statutes, section
84.02, subdivision 7, and to protect uplands. Of this appropriation, up to ten percent
may be used to implement the program.
new text end

new text begin The board shall give priority to the area designated for relief and recovery from the
flooding that occurred on or after August 18, 2007, in the area of southeast Minnesota
designated under Presidential Declaration of Major Disaster DR-1717.
new text end

new text begin At least $2,000,000 of this amount is available for use by the Cedar River and Turtle
Creek Watershed Districts in Freeborn, Mower, and Steele Counties to restore wetlands
and reduce flooding in the Austin area.
new text end

new text begin Up to $8,000,000 of this amount is available for use in Becker, Clay, Kittson,
Mahnomen, Marshall, Norman, Pennington, Polk, Red Lake, Roseau, and Wilkin Counties
to restore wetlands and reduce flooding in the Red River Valley area.
new text end

new text begin (b) The board is authorized to enter into new agreements and amend past agreements
with landowners as required by Minnesota Statutes, section 103F.515, subdivision 5, to
allow for restoration, including overseeding and harvesting of native prairie vegetation
for use for energy production in a manner that does not devalue the natural habitat,
water quality benefits, or carbon sequestration functions of the area enrolled in the
easement. This shall occur after seed production and minimize impacts on wildlife. Of
this appropriation, up to five percent may be used for restoration, including overseeding.
The board must submit to the legislative committees with jurisdiction over environment
finance and capital investment an interim report on this program by October 1, 2010, and a
final report by February 1, 2011.
new text end

new text begin Subd. 3. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in this section from the
bond proceeds fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to $70,000,000 in the manner, upon the terms, and with
the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
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