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HF 641

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/08/2013 04:02pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to natural resources; appropriating money from clean water fund and
parks and trails fund; providing for agricultural water quality certification;
modifying provisions for restoration evaluations; requiring use of certain
standards for public water access sites; establishing Greater Minnesota Regional
Parks and Trails Commission; extending previous appropriation; amending
Minnesota Statutes 2012, sections 10A.01, subdivision 35; 114D.50, subdivision
6; proposing coding for new law in Minnesota Statutes, chapters 17; 85.

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

ARTICLE 1

CLEAN WATER FUND

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 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 "2014" and "2015"
used in this article mean that the appropriations listed under them are available for the
fiscal year ending June 30, 2014, or June 30, 2015, respectively. "The first year" is fiscal
year 2014. "The second year" is fiscal year 2015. "The biennium" is fiscal years 2014
and 2015. The appropriations in this article 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 2014
new text end
new text begin 2015
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 95,145,000
new text end
new text begin $
new text end
new text begin 96,032,000
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 and the recipient retains
documentation sufficient to justify the use of
the funds. 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 2014 appropriations
are available until June 30, 2015, and fiscal
year 2015 appropriations are available until
June 30, 2016. 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 7,895,000
new text end
new text begin $
new text end
new text begin 7,895,000
new text end

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

new text begin (b) $3,110,000 the first year and $3,110,000
the second year are to increase monitoring
and evaluate trends in the concentration of
nitrates in groundwater in areas vulnerable
to groundwater degradation, including a
substantial increase of monitoring of private
wells in cooperation with the commissioner
of health, monitoring for pesticides when
nitrates are detected, and promoting and
evaluating regional and crop-specific nutrient
best management practices to protect
groundwater from degradation. Of this
amount, $75,000 is for accelerating the
update for the commercial manure applicator
manual. This amount is to be matched with
general funds. This appropriation is available
until June 30, 2016, when 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 agriculture
and environment and natural resources
policy and finance on the expenditure
of these funds, including the progress in
preventing groundwater degradation and
recommendations. By October 15, 2014, the
commissioner shall submit an interim report
to the chairs and ranking minority members
of the senate and house of representatives
committees and divisions with jurisdiction
over agriculture and environment and
natural resources policy and finance on
the expenditure of these funds, including
recommendations.
new text end

new text begin (c) $100,000 the first year and $100,000
the second year are for transfer to the
clean water agricultural best management
practices loan account and are available
for pass-through to local governments and
lenders for low-interest septic system loans
under Minnesota Statutes, section 17.117.
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 (d) $1,500,000 the first year and $1,500,000
the second year are for technical assistance,
including but not limited to small watershed
evaluation, edge of field monitoring,
assessment of stream channel characteristics,
terrain analysis, corn stalk testing, sediment
fingerprinting, and agronomic assessments,
all designed to establish advanced practices
for protecting lakes, rivers, and streams and
for protecting groundwater from degradation.
This appropriation is available until June 30,
2016.
new text end

new text begin (e) $1,050,000 the first year and $1,050,000
the second year are for research that could
pass peer review to protect water resources
from agricultural related contaminants,
including: pilot projects, including the
use of cover crops; development of best
management practices; and technical
assistance on proper implementation of best
management practices to protect and restore
surface water and protect groundwater from
degradation. This appropriation is available
until June 30, 2018.
new text end

new text begin (f) $175,000 the first year and $175,000 the
second year are for a research inventory
database containing water-related research
activities. Any information technology
development or support or costs necessary
for this research inventory database will be
incorporated into the agency's service level
agreement with and paid to the Office of
Enterprise Technology. This appropriation is
available until June 30, 2016.
new text end

new text begin (g) $1,500,000 the first year and $1,500,000
the second year are to implement a Minnesota
agricultural water quality certification
program. This appropriation is available
until June 30, 2018.
new text end

new text begin (h) $110,000 the first year and $110,000
the second year are for a regional irrigation
water quality specialist through the
University of Minnesota Extension Service
to accelerate efforts to provide guidance on
managing water and nitrogen fertilizer and
to provide assistance complying with permit
requirements, regulations, and other related
laws. 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 agriculture and
environment and natural resources policy and
finance on the expenditure of these funds,
including recommendations.
new text end

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

new text begin $
new text end
new text begin 11,000,000
new text end
new text begin $
new text end
new text begin 11,000,000
new text end

new text begin (a) $9,000,000 the first year and $9,000,000
the second year are for the total maximum
daily load grant program under Minnesota
Statutes, section 446A.073. This
appropriation is available until June 30, 2018.
new text end

new text begin (b) $2,000,000 the first year and $2,000,000
the second year are for small community
wastewater treatment grants and loans under
Minnesota Statues, section 446A.075. By
January 15, 2014, the authority shall submit
recommendations to the chairs and ranking
minority members of the senate and house
of representatives committees and divisions
with jurisdiction over agriculture and
environment and natural resources policy and
finance on potential criteria that may be used
to evaluate the option to buy out properties
if it is more cost-effective than a proposed
wastewater treatment system project. This
appropriation is available until June 30, 2018.
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 30,315,000
new text end
new text begin $
new text end
new text begin 30,265,000
new text end

new text begin (a) $7,000,000 the first year and $7,000,000
the second year are for completion of 20
percent of the needed statewide assessments
of surface water quality and trends.
new text end

new text begin (b) $500,000 the first year and $500,000
the second year are to monitor and assess
unregulated contaminants in surface water.
By January 1, 2014, the commissioner shall
submit an initial report to the chairs and
ranking minority members of the house of
representatives and senate committees and
divisions with jurisdiction over environment
and natural resources policy and finance on
unregulated contaminants, including steps
that should be taken to reduce the most
problematic contaminants.
new text end

new text begin (c) $10,200,000 the first year and
$10,200,000 the second year are to develop
watershed restoration and protection
strategies (WRAPS), which include: total
maximum daily load (TMDL) studies;
TMDL implementation plans for waters
listed on the United States Environmental
Protection Agency approved impaired waters
list in accordance with Minnesota Statutes,
chapter 114D; and setting reduction and
protection goals and a schedule for meeting
the goals. The agency shall complete an
average of ten percent of the TMDL's each
year over the biennium. Of this amount,
$800,000 each year is for conducting interim
assessments of impaired waters five years
after the completion of a TMDL to determine
the progress made in achieving water quality
improvements. Following completion of
each interim assessment conducted with this
appropriation, the commissioner shall submit
the assessment to the chairs and ranking
minority members of the senate and house
of representatives committees and divisions
with jurisdiction over the environment and
natural resources policy and finance.
new text end

new text begin (d) $1,250,000 the first year and $1,250,000
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.
By January 15, 2016, the commissioner
shall submit a report with recommendations
for reducing or preventing groundwater
degradation from contaminants 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.
new text end

new text begin (e) $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 (f) $3,000,000 the first year and $3,000,000
the second year are for the clean water
partnership program to provide grants to
protect and improve the lakes, basins, and
watersheds of the state and provide financial
and technical assistance. Priority shall be
given to projects preventing impairments and
degradation of lakes, rivers, streams, and
groundwater in accordance with Minnesota
Statutes, section 114D.20, subdivision 2,
clause (4). Any balance remaining in the first
year does not cancel and is available for the
second year.
new text end

new text begin (g) $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 (h) $1,000,000 the first year and $1,000,000
the second year are to initiate development of
a multiagency watershed database reporting
portal. Of this amount, $....... is for transfer
to the Minnesota Geospatial Office for
compiling and distributing surface water and
groundwater quality and quantity data.
new text end

new text begin (i) $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 (j) $3,450,000 the first year and $3,450,000
the second year are for grants to counties
with specific plans to significantly reduce
water pollution by reducing the number of
subsurface sewage treatment systems (SSTS)
that are an imminent threat to public health
or safety or are otherwise failing. Counties
with an ordinance in place that requires
an SSTS to be compliant with existing
standards upon property transfer and as a
condition of obtaining a building permit
shall be given priority for grants under this
paragraph. Of this amount, $750,000 each
year is available to counties for grants to
low-income landowners in riparian areas
to address systems that pose an immediate
threat to public health or safety. A grant
awarded under this paragraph may not
exceed $500,000. 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 (k) $550,000 the first year and $550,000
the second year are for water quality
monitoring in watersheds with participants
in the agricultural water quality certification
program and watersheds targeted by the
Board of Water and Soil Resources in
order to develop baseline surface water
quality information, including water quality
data from areas located downstream from
impacted areas.
new text end

new text begin (l) $375,000 the first year and $375,000 the
second year are for developing wastewater
treatment system designs and practices
and providing technical assistance. Of
this amount, $145,000 each year is for
transfer to the Board of Regents of the
University of Minnesota to provide ongoing
support for design teams with scientific
and technical expertise pertaining to
wastewater management and treatment
that will include representatives from the
University of Minnesota, Pollution Control
Agency, and municipal wastewater utilities
and other wastewater engineering experts.
The design teams shall promote the use of
new technology, designs, and practices to
address existing and emerging wastewater
treatment challenges, including the treatment
of wastewater for reuse and the emergence
of new and other unregulated contaminants.
This appropriation is available until June 30,
2016.
new text end

new text begin (m) $100,000 the first year and $100,000 the
second year are for grants to the Red River
Watershed Management Board to enhance
and expand the existing water quality and
watershed monitoring river watch activities,
including groundwater, in the schools in
the Red River of the North Watershed. The
Red River Watershed Management Board
shall provide a report to the commissioner
and the chair and ranking minority members
of the senate and house of representatives
committees and divisions with jurisdiction
over environment and natural resources
finance and policy and the clean water fund
by February 15, 2015, on the expenditure of
these funds.
new text end

new text begin (n) $50,000 the first year is for providing
technical assistance to local units of
government to address the impacts on
water quality from polycyclic aromatic
hydrocarbons resulting from the use of coal
tar products.
new text end

new text begin (o) $40,000 the first year and $40,000 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 (p) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2015,
as grants or contracts in this section are
available until June 30, 2018.
new text end

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

new text begin $
new text end
new text begin 14,460,000
new text end
new text begin $
new text end
new text begin 14,075,000
new text end

new text begin (a) $2,500,000 the first year and $2,500,000
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.
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
contamination of fish, including monitoring
to track the status of waters impaired by
mercury and mercury reduction efforts over
time.
new text end

new text begin (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.
new text end

new text begin (e) $1,500,000 the first year and $1,500,000
the second year are for water supply planning,
aquifer protection, and monitoring activities.
new text end

new text begin (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.
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 an ecological
monitoring database.
new text end

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

new text begin (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.
new text end

new text begin (j) $3,500,000 the first year and $3,500,000
the second year are 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.
new text end

new text begin (k) $1,100,000 the first year and $1,000,000
the second year are for grants to counties
and other local units of government that
have adopted advanced shoreland protection
measures. The grants awarded under this
paragraph shall be for $100,000 and must be
used to restore and enhance riparian areas to
protect, enhance, and restore water quality in
lakes, rivers, and streams. Grant recipients
must submit a report to the commissioner on
the outcomes achieved with the grant. To
be eligible for a grant under this paragraph,
a county or other local unit of government
must have adopted an ordinance for the
subdivision, use, redevelopment, and
development of shoreland that has been
certified by the commissioner of natural
resources as having advanced shoreland
protection measures. The commissioner
shall only certify an ordinance that meets or
exceeds the following standards:
new text end

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

new text begin (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;
new text end

new text begin (3) requires mitigation when any variance to
standards designed to protect lakes, rivers,
and streams is granted;
new text end

new text begin (4) requires best management practices to
be used to control storm water and sediment
when 3,000 or more square feet are disturbed
as part of a land alteration;
new text end

new text begin (5) includes other criteria developed by the
commissioner; and
new text end

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

new text begin The commissioner may certify an ordinance
that does not exceed all the standards in
clauses (1) to (5) if the commissioner
determines that the ordinance provides
significantly greater protection for both
waters and shoreland than those standards.
new text end

new text begin The commissioner of natural resources
may develop additional criteria for the
grants awarded under this paragraph. 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.
new text end

new text begin (l) $100,000 the first year is for preparing and
hosting groundwater management workshops
to provide an update on scientific, technical,
and other information regarding groundwater
sustainability, use, and best management
practices to groundwater management
professionals and mayors or their designees
in greater Minnesota.
new text end

new text begin (m) $100,000 the first year is for preparing
and hosting, in consultation with the
Metropolitan Council, groundwater
management workshops to provide an update
on scientific, technical, and other information
regarding groundwater sustainability,
use, and best management practices to
groundwater management professionals and
mayors or their designees in the metropolitan
area.
new text end

new text begin (n) $25,000 the first year is to the
commissioner of natural resources to
evaluate the water quality impacts of hard
rock aggregate mining on the headwaters
of the Minnesota River. The commissioner
must report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over natural resources and local
government by February 15, 2014. Until
the commissioner reports to the legislature
the results of the commissioner's evaluation,
no new hard rock aggregate mining permit
may be issued for mining activity near the
headwaters of the Minnesota River. This
paragraph is effective the day following final
enactment.
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 22,648,000
new text end
new text begin $
new text end
new text begin 24,470,000
new text end

new text begin (a) $5,000,000 the first year and $5,000,000
the second year are for grants to soil and water
conservation districts, watershed districts,
watershed management organizations, and
other joint powers organizations 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 the following
purposes: 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 provide a nonstate
cash match of at least 25 percent of the
total eligible project costs. Grant recipients
may use other legacy funds to supplement
projects funded under this paragraph. Prairie
restorations conducted with funds awarded
under this paragraph must include a diversity
of species, including species selected to
provide habitat for pollinators throughout the
growing season, and protect existing native
prairies from genetic contamination. Grants
awarded under this paragraph are available
for four years and priority shall be given
to the three to six best designed plans each
year. By January 15, 2016, the board shall
submit an interim report on the outcomes
achieved with this appropriation, including
recommendations, 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. This
appropriation is available until June 30, 2018.
new text end

new text begin (b) $2,853,000 the first year and $4,675,000
the second year are for grants for the
following purposes: 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.
new text end

new text begin (c) $4,000,000 the first year and $4,000,000
the second year are for targeted local
resource protection and enhancement grants
for projects and practices that exceed
current state standards for protection,
enhancement, and restoration of water
quality in lakes, rivers, and streams or that
protect groundwater from degradation.
new text end

new text begin (d) $900,000 the first year and $900,000 the
second year are to provide state oversight
and accountability, evaluate results, and
measure the value of conservation program
implementation by local governments,
including submission to the legislature
by March 1 each year an annual report
prepared by the board, in consultation with
the commissioners of natural resources,
health, agriculture, and the Pollution Control
Agency, detailing the recipients, projects
funded under this section, and the amount of
pollution reduced.
new text end

new text begin (e) $1,700,000 the first year and $1,700,000
the second year are for grants to local units
of government to ensure compliance with
Minnesota Statutes, chapter 103E, and
sections 103F.401 to 103F.455, including
enforcement efforts. Of this amount,
$235,000 the first year is to update the
Minnesota Public Drainage Manual and the
Minnesota Public Drainage Law Overview
for Decision Makers and to provide outreach
to users.
new text end

new text begin (f) $6,500,000 the first year and $6,500,000
the second year are to purchase and restore
permanent conservation easements on
riparian buffers adjacent to lakes, rivers,
streams, and tributaries with a high risk of
becoming impaired or that are currently
impaired, 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 protected by easements purchased
with this appropriation and for stream bank
restorations when the riparian buffers have
been restored. Prairie restorations conducted
with funds awarded under this paragraph
must include a diversity of species, including
species selected to provide habitat for
pollinators throughout the growing season,
and protect existing native prairies from
genetic contamination.
new text end

new text begin (g) $1,400,000 the first year and $1,400,000
the second year are for permanent
conservation easements on wellhead
protection areas under Minnesota Statutes,
section 103F.515, subdivision 2, paragraph
(d). 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.
new text end

new text begin (h) $175,000 the first year and $175,000 the
second year are for a technical evaluation
panel to conduct at least 20 restoration
evaluations under Minnesota Statutes,
section 114D.50, subdivision 6.
new text end

new text begin (i) $120,000 the first year and $120,000
the second year are for grants to Area
II Minnesota River Basin projects for
floodplain management.
new text end

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

new text begin (k) The board 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 (l) The board shall require grantees to specify
the outcomes that will be achieved by the
grants prior to any grant awards and the
board shall track the cumulative impacts
and include those impacts in reports on the
expenditure of clean water funds submitted
to the legislature.
new text end

new text begin (m) The appropriations in this section are
available until June 30, 2018. 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 6,198,000
new text end
new text begin $
new text end
new text begin 6,198,000
new text end

new text begin (a) $1,300,000 the first year and $1,300,000
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, including
triclosan, and improving the capacity of
the department's laboratory to analyze
unregulated contaminants.
new text end

new text begin (b) $1,615,000 the first year and $1,615,000
the second year are for protection of
groundwater and surface water drinking
water sources, including protection from
viruses.
new text end

new text begin (c) $250,000 the first year and $250,000 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) $390,000 the first year and $390,000 the
second year are to update and expand the
County Well Index, in cooperation with the
commissioner of natural resources.
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) $105,000 the first year and $105,000 the
second year are for monitoring recreational
beaches on Lake Superior for pollutants that
may pose a public health risk and mitigating
sources of bacterial contamination that are
identified.
new text end

new text begin (g) $980,000 the first year and $980,000 the
second year are for a biomonitoring program
that will focus on children and disadvantaged
communities to provide data on disparities
in pollutant exposure and other measures
necessary to assist with water quality
management and protection decision making.
new text end

new text begin (h) $1,233,000 the first year and $1,233,000
the second year are for the 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.
This appropriation is available until June 30,
2017.
new text end

new text begin (i) Unless otherwise specified, the
appropriations in this section are available
until June 30, 2016.
new text end

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

new text begin $
new text end
new text begin 2,000,000
new text end
new text begin $
new text end
new text begin 1,500,000
new text end

new text begin (a) $250,000 the first year and $250,000 the
second year are for grants or loans for local
inflow and infiltration reduction programs
addressing high priority areas in the
metropolitan area, as defined in Minnesota
Statutes, section 473.121, subdivision 2. This
appropriation is available until expended.
new text end

new text begin (b) $500,000 the first year is for an agreement
with the United States Geological Survey to
investigate groundwater and surface water
interaction in and around White Bear Lake
and surrounding northeast metropolitan
lakes, including seepage rate determinations,
water quality of groundwater and surface
water, isotope analyses, lake level analyses,
water balance determination, and creation
of a calibrated groundwater flow model.
The council shall use the results to prepare
guidance for other areas to use in addressing
groundwater and surface water interaction
issues. This is a onetime appropriation and is
available until June 30, 2016.
new text end

new text begin (c) $1,250,000 the first year and $1,250,000
the second year are for metropolitan regional
groundwater planning to achieve water
supply reliability and sustainability, including
determination of a sustainable regional
balance of surface water and groundwater, a
feasibility assessment of potential solutions
to rebalance regional water use and identify
potential solutions to address emerging
subregional water supply issues such as the
northeast metro, and development of an
implementation plan that addresses regional
targets and timelines and defines short- and
medium-term milestones for achieving the
desirable surface water and groundwater
regional balance. By January 15, 2014, the
commissioner shall submit an interim report
on the expenditure of this appropriation to
the chairs and ranking minority members
of the house of representatives and senate
committees and divisions with jurisdiction
over environment and natural resources
finance and policy and the clean water fund.
new text end

Sec. 10. new text begin UNIVERSITY OF MINNESOTA
new text end

new text begin $
new text end
new text begin 615,000
new text end
new text begin $
new text end
new text begin 615,000
new text end

new text begin $615,000 the first year and $615,000 the
second year are for developing county
geologic atlases. This appropriation is
available until June 30, 2018.
new text end

Sec. 11. new text begin LEGISLATURE
new text end

new text begin $
new text end
new text begin 14,000
new text end
new text begin $
new text end
new text begin 14,000
new text end

new text begin $14,000 the first year and $14,000 the second
year are for the Legislative Coordinating
Commission for the Web site required
in Minnesota Statutes, section 3.303,
subdivision 10, including detailed mapping.
new text end

Sec. 12.

new text begin [17.9891] PURPOSE.
new text end

new text begin The commissioner, in consultation with the commissioner of natural resources,
commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
may implement a Minnesota agricultural water quality certification program whereby a
producer who demonstrates practices and management sufficient to protect water quality
is certified for up to ten years and presumed to be contributing the producer's share of
any targeted reduction of water pollutants during the certification period. The program
is voluntary. The program will first be piloted in selected watersheds across the state,
until such time as the commissioner, in consultation with the commissioner of natural
resources, commissioner of the Pollution Control Agency, and Board of Water and Soil
Resources, determines the program is ready for expansion.
new text end

Sec. 13.

new text begin [17.9892] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions in this section apply to sections
17.9891 to 17.993.
new text end

new text begin Subd. 2. new text end

new text begin Technical assistance. new text end

new text begin "Technical assistance" means professional, advisory,
or cost share assistance provided to individuals in order to achieve certification.
new text end

new text begin Subd. 3. new text end

new text begin Certifying agent. new text end

new text begin "Certifying agent" means a person who is authorized
by the commissioner to assess producers to determine whether a producer satisfies the
standards of the program.
new text end

new text begin Subd. 4. new text end

new text begin Certification. new text end

new text begin "Certification" means a producer has demonstrated
compliance with all applicable environmental rules and statutes for all of the producer's
owned and rented agricultural land and has achieved a satisfactory score through the
certification instrument as verified by a certifying agent.
new text end

new text begin Subd. 5. new text end

new text begin Eligible land. new text end

new text begin "Eligible land" means all acres of a producer's agricultural
operation, whether contiguous or not, that are under the effective control of the producer
at the time the producer enters into the program and that the producer operates with
equipment, labor, and management.
new text end

new text begin Subd. 6. new text end

new text begin Effective control. new text end

new text begin "Effective control" means possession of land by
ownership, written lease, or other legal agreement and authority to act as decision
maker for the day-to-day management of the operation at the time the producer achieves
certification and for the required certification period.
new text end

new text begin Subd. 7. new text end

new text begin Program. new text end

new text begin "Program" means the Minnesota agricultural water quality
certification program.
new text end

Sec. 14.

new text begin [17.9893] CERTIFICATION INSTRUMENT.
new text end

new text begin The commissioner, in consultation with the commissioner of natural resources,
commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
shall develop an analytical instrument to assess the water quality practices and
management of agricultural operations. This instrument shall be used to certify that the
water quality practices and management of an agricultural operation are consistent with
state water quality goals and standards. The commissioner shall define a satisfactory score
for certification purposes. The certification instrument tool shall:
new text end

new text begin (1) integrate applicable existing regulatory requirements;
new text end

new text begin (2) utilize technology and prioritize ease of use;
new text end

new text begin (3) utilize a water quality index or score applicable to the landscape;
new text end

new text begin (4) incorporate a process for updates and revisions as practices, management, and
technology changes become established and approved; and
new text end

new text begin (5) comprehensively address water quality impacts.
new text end

Sec. 15.

new text begin [17.9894] CERTIFYING AGENT LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin License. new text end

new text begin A person who offers certification services to producers
as part of the program must satisfy all criteria in subdivision 2 and be licensed by
the commissioner. A certifying agent is ineligible to provide certification services
to any producer to whom the certifying agent has also provided technical assistance.
Notwithstanding section 16A.1283, the commissioner may set license fees.
new text end

new text begin Subd. 2. new text end

new text begin Certifying agent requirements. new text end

new text begin In order to be licensed as a certifying
agent, a person must:
new text end

new text begin (1) be an agricultural conservation professional employed by the state of Minnesota,
a soil and water conservation district, or the Natural Resources Conservation Service or a
Minnesota certified crop advisor as recognized by the American Society of Agronomy;
new text end

new text begin (2) have passed a comprehensive exam, as set by the commissioner, evaluating
knowledge of water quality, soil health, best farm management techniques, and the
certification instrument; and
new text end

new text begin (3) maintain continuing education requirements as set by the commissioner.
new text end

Sec. 16.

new text begin [17.9895] DUTIES OF A CERTIFYING AGENT.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin A certifying agent shall conduct a formal certification
assessment utilizing the certification instrument to determine whether a producer meets
program criteria. If a producer satisfies all requirements, the certifying agent shall notify
the commissioner of the producer's eligibility and request that the commissioner issue a
certificate. All records and documents used in the assessment shall be compiled by the
certifying agent and submitted to the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Violations. new text end

new text begin (a) In the event a certifying agent violates any provision of
sections 17.9891 to 17.993 or an order of the commissioner, the commissioner may issue a
written warning or a correction order and may suspend or revoke a license.
new text end

new text begin (b) If the commissioner suspends or revokes a license, the certifying agent has ten
days from the date of suspension or revocation to appeal. If a certifying agent appeals, the
commissioner shall hold an administrative hearing within 30 days of the suspension or
revocation of the license, or longer by agreement of the parties, to determine whether the
license is revoked or suspended. The commissioner shall issue an opinion within 30 days.
If a person notifies the commissioner that the person intends to contest the commissioner's
opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with
the applicable provisions of chapter 14 for hearings in contested cases.
new text end

Sec. 17.

new text begin [17.9896] CERTIFICATION PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Producer duties. new text end

new text begin A producer who seeks certification of eligible land
shall conduct an initial assessment using the certification instrument, obtain technical
assistance if necessary to achieve a satisfactory score on the certification instrument, and
apply for certification from a licensed certifying agent.
new text end

new text begin Subd. 2. new text end

new text begin Additional land. new text end

new text begin Once certified, if a producer obtains effective control
of additional agricultural land, the producer must notify a certifying agent and obtain
certification of the additional land within one year in order to retain the producer's original
certification.
new text end

new text begin Subd. 3. new text end

new text begin Violations. new text end

new text begin (a) The commissioner may revoke a certification if the
producer fails to obtain certification on any additional land for which the producer obtains
effective control.
new text end

new text begin (b) The commissioner may revoke a certification and seek reimbursement of any
monetary benefit a producer may have received due to certification from a producer who
fails to maintain certification criteria.
new text end

new text begin (c) If the commissioner revokes a certification, the producer has ten days from the
date of suspension or revocation to appeal. If a producer appeals, the commissioner shall
hold an administrative hearing within 30 days of the suspension or revocation of the
certification, or longer by agreement of the parties, to determine whether the certification
is revoked or suspended. The commissioner shall issue an opinion within 30 days. If the
producer notifies the commissioner that the producer intends to contest the commissioner's
opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with
the applicable provisions of chapter 14 for hearings in contested cases.
new text end

Sec. 18.

new text begin [17.9897] CERTIFICATION CERTAINTY.
new text end

new text begin (a) Once a producer is certified, the producer:
new text end

new text begin (1) retains certification for up to ten years from the date of certification if the
producer complies with the certification agreement, even if the producer does not comply
with new state water protection laws or rules that take effect during the certification period;
new text end

new text begin (2) is presumed to be meeting the producer's contribution to any targeted reduction
of pollutants during the certification period;
new text end

new text begin (3) is required to continue implementation of practices that maintain the producer's
certification; and
new text end

new text begin (4) is required to retain all records pertaining to certification.
new text end

new text begin (b) Paragraph (a) does not preclude enforcement of a local ordinance or rule by a
local unit of government.
new text end

Sec. 19.

new text begin [17.9898] AUDITS.
new text end

new text begin The commissioner shall perform random audits of producers and certifying agents to
ensure compliance with the program. All producers and certifying agents shall cooperate
with the commissioner during these audits and provide all relevant documents to the
commissioner for inspection and copying. Any delay, obstruction, or refusal to cooperate
with the commissioner's audit or falsification of or failure to provide required data or
information is a violation subject to the provisions of section 17.9895, subdivision 2, or
17.9896, subdivision 3.
new text end

Sec. 20.

new text begin [17.9899] DATA.
new text end

new text begin All data collected under the program that identifies a producer or a producer's
location are considered nonpublic data as defined in section 13.02, subdivision 9, or
private data on individuals as defined in section 13.02, subdivision 12. The commissioner
shall make available summary data of program outcomes on data classified as private
or nonpublic under this section.
new text end

Sec. 21.

new text begin [17.991] RULEMAKING.
new text end

new text begin The commissioner may adopt rules to implement the program.
new text end

Sec. 22.

new text begin [17.992] REPORTS.
new text end

new text begin The commissioner, in consultation with the commissioner of natural resources,
commissioner of the Pollution Control Agency, and Board of Water and Soil Resources,
shall issue a biennial report to the chairs and ranking minority members of the legislative
committees with jurisdiction over agricultural policy on the status of the program.
new text end

Sec. 23.

new text begin [17.993] FINANCIAL ASSISTANCE.
new text end

new text begin The commissioner may use contributions from gifts or other state accounts, provided
that the purpose of the expenditure is consistent with the purpose of the accounts, for
grants, loans, or other financial assistance.
new text end

Sec. 24.

Minnesota Statutes 2012, section 114D.50, subdivision 6, is amended to read:


Subd. 6.

Restoration evaluations.

The Board of Water and Soil Resources may
convene a technical evaluation panel comprised of five members, including one technical
representative from the Board of Water and Soil Resources, one technical representative
from the Department of Natural Resources, one technical expert from the University of
Minnesota or the Minnesota State Colleges and Universities, and two representatives
with expertise related to the project being evaluated. The board may add a technical
representative from a unit of federal or local government. The members of the technical
evaluation panel may not be associated with the restoration, may vary depending upon the
projects being reviewed, and shall avoid any potential conflicts of interest. Each year, the
board may assign a coordinator to identify a sample of deleted text begin up to tendeleted text end habitat restoration projects
completed with clean water funding. The coordinator shall secure the restoration plans for
the projects specified and direct the technical evaluation panel to evaluate the restorations
relative to the law, current science, and the stated goals and standards in the restoration
plan and, when applicable, to the Board of Water and Soil Resources' native vegetation
establishment and enhancement guidelines. The coordinator shall summarize the findings
of the panel and provide a report to the chairs of the respective house of representatives
and senate policy and finance committees with jurisdiction over natural resources and
spending from the clean water fund. The report shall determine if the restorations are
meeting planned goals, any problems with the implementation of restorations, and, if
necessary, recommendations on improving restorations. The report shall be focused on
improving future restorations. Up to one-tenth of one percent of forecasted receipts from
the clean water fund may be used for restoration evaluations under this section.

Sec. 25. new text begin PUBLIC WATER ACCESS SITE DESIGN AND BEST MANAGEMENT
PRACTICES.
new text end

new text begin Beginning March 1, 2014, the commissioner of natural resources shall utilize the
applicable design standards and best management practices developed under this article
when designing and constructing new public water access sites and renovating existing
sites. The commissioner shall make the design standards and best management practices
developed under this article available on the Department of Natural Resources Web site
and notify local units of government of the standards and practices.
new text end

ARTICLE 2

PARKS AND TRAILS FUND

Section 1. new text begin PARKS AND TRAILS 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
parks and trails fund and are available for the fiscal years indicated for each purpose. The
figures "2014" and "2015" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2014, or June 30, 2015, respectively.
"The first year" is fiscal year 2014. "The second year" is fiscal year 2015. "The biennium"
is fiscal years 2014 and 2015. All appropriations in this article 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 2014
new text end
new text begin 2015
new text end

Sec. 2. new text begin PARKS AND TRAILS
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 41,611,000
new text end
new text begin $
new text end
new text begin 41,880,000
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 and the recipient retains
documentation sufficient to justify the use of
the funds. 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 2014 appropriations
are available until June 30, 2015, and fiscal
year 2015 appropriations are available until
June 30, 2016. 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 NATURAL
RESOURCES
new text end

new text begin $
new text end
new text begin 23,851,000
new text end
new text begin $
new text end
new text begin 23,787,000
new text end

new text begin (a) $7,975,000 the first year and $5,695,000
the second year are for state parks and trails
projects. Of this amount:
new text end

new text begin (1) $400,000 is for the Rat River Bridge on
the Arrowhead State Trail;
new text end

new text begin (2) $250,000 is for the Brown's Creek
State Trail, including interpretive signs,
invasive species control, and regional trail
connections;
new text end

new text begin (3) $300,000 is for a segment of the Central
Lakes State Trail from Fergus Falls to
Ashby/Lake Christina;
new text end

new text begin (4) $500,000 is for the Hadley Bridge on the
Gateway State Trail;
new text end

new text begin (5) $750,000 is for a segment of the
Gitchi-Gami State Trail from Beaver Bay to
West Road;
new text end

new text begin (6) $850,000 is for the Steamboat Loop on
the Heartland State Trail;
new text end

new text begin (7) $750,000 is for the Steamboat River
Bridge on the Heartland State Trail;
new text end

new text begin (8) $400,000 is for the Fish Hook River Red
Bridge in Park Rapids on the Heartland State
Trail;
new text end

new text begin (9) $20,000 is for a trail in Itasca State Park;
new text end

new text begin (10) $200,000 is for a trail from Park Rapids
to Itasca State Park;
new text end

new text begin (11) $300,000 is for acquisition of a trail
segment from Faribault to Dundas for the
Mill Towns State Trail;
new text end

new text begin (12) $800,000 is for a bridge building over
the Cannon River in Faribault for the Mills
Town State Trail;
new text end

new text begin (13) $300,000 is for a segment of the
Minnesota Valley State Trail from Shakopee
Memorial Park to Bloomington Ferry Bridge;
new text end

new text begin (14) $2,500,000 is for a segment of
the Minnesota Valley State Trail from
Bloomington Ferry Bridge to Fort Snelling
State Park;
new text end

new text begin (15) $300,000 is for the Moose Horn River
Bridge No. 1 on the Willard Munger State
Trail;
new text end

new text begin (16) $75,000 is for the Paul Bunyan State
Trail near Clausen Avenue;
new text end

new text begin (17) $500,000 is for a segment of the Paul
Bunyan State Trail from Crow Wing State
Park;
new text end

new text begin (18) $75,000 is for interpretive signs on the
Root River State Trail;
new text end

new text begin (19) $1,750,000 is for a segment of the Root
River State Trail from Whalen to Rushford;
new text end

new text begin (20) $2,250,000 is for a segment of the
Sakatah Singing Hills State Trail from
Waterville to Mankato; and
new text end

new text begin (21) $400,000 is for a segment of the
Shooting Star State Trail from Rose Creek
to Austin.
new text end

new text begin (b) $1,549,000 the first year and $1,549,000
the second year are for education and
interpretive services at state parks, recreation
areas, and trails.
new text end

new text begin (c) $643,000 the first year and $643,000
the second year are for outreach, including
enhanced, integrated, and accessible
Web-based information for park and trail
users; joint marketing and promotional
efforts for all parks and trails of regional
or statewide significance; and support of
activities of a parks and trails legacy advisory
committee.
new text end

new text begin (d) $1,500,000 the first year is for acquisition
of land for Lake Bronson State Park, Sibley
State Park, and Minneopa State Park.
new text end

new text begin (e) $1,000,000 the first year and $2,140,000
the second year are for improvements at state
parks and state recreation areas, including a
new visitor center at Tettegouche State Park,
renewable energy improvements, and new
camper cabins.
new text end

new text begin (f) $720,000 the second year is for
campground upgrades at Whitewater State
Park.
new text end

new text begin (g) $1,933,000 the first year and $3,934,000
the second year are for improvements at state
parks and state recreation areas, including
conversion of facilities to rental facilities,
replacement of vault toilets and fishing
piers, renewable energy improvements, and
accessibility improvements.
new text end

new text begin (h) $829,000 the first year and $830,000
the second year are for restoration and
enhancement activities at state parks and state
recreation areas, including invasive species
management on approximately 13,800 acres,
native plant restorations on approximately
1,800 acres, and implementation of best
management practices at approximately 50
public water access sites.
new text end

new text begin (i) $4,925,000 the first year and $4,938,000
the second year are for grants under
Minnesota Statutes, section 85.535, to
acquire, develop, improve, and restore
parks and trails of regional or statewide
significance outside of the metropolitan area,
as defined in Minnesota Statutes, section
473.121, subdivision 2. Up to 2.5 percent
of the total appropriation may be used for
administering the grants.
new text end

new text begin (j) $3,497,000 the first year and $3,338,000
the second year are for grants for parks and
trails of regional or statewide significance
outside of the metropolitan area. Of this
amount:
new text end

new text begin (1) $1,338,000 is for development of
the Swedish Immigrant Trail, including
amenities in Taylors Falls connecting the
trail to Interstate State Park;
new text end

new text begin (2) $75,000 is for rehabilitation of Sunrise
Prairie Trail;
new text end

new text begin (3) $500,000 is for construction of the Lowell
to Lakewalk Trail in Duluth;
new text end

new text begin (4) $250,000 is for the Mesabi Trail;
new text end

new text begin (5) $920,000 is for extensions and
connections to the Rocori Trail;
new text end

new text begin (6) $1,000,000 is for extensions and
connections to the Lake Wobegon Trail;
new text end

new text begin (7) $100,000 is for the Beaver Bay Trail,
including trailhead amenities;
new text end

new text begin (8) $468,000 is for extension of the Dakota
Rail Trail to Lester Prairie;
new text end

new text begin (9) $1,000,000 is for the Red Wing
Riverfront;
new text end

new text begin (10) $184,000 is for trail connections and
camping facilities in Aitkin County for
the Mississippi River parks and water trail
project; and
new text end

new text begin (11) $1,000,000 is for trail enhancement,
land acquisition, and other improvements at
Sauk River Regional Park.
new text end

new text begin (k) The commissioner shall contract for
services with Conservation Corps Minnesota
for restoration, maintenance, and other
activities under this section for at least
$2,000,000 the first year and $2,000,000 the
second year. A recipient of a grant awarded
under this section must give consideration
to and make timely written contact with
Conservation Corps Minnesota for possible
use of the corps' services to contract for
restoration and enhancement services. For
projects with the potential to need historic
preservation services, the commissioner or
a recipient of a grant awarded under this
section must give consideration to and make
timely written contact with the Northern
Bedrock Conservation Corps for possible use
of the corps' services.
new text end

Sec. 4. new text begin METROPOLITAN COUNCIL
new text end

new text begin $
new text end
new text begin 17,755,000
new text end
new text begin $
new text end
new text begin 18,088,000
new text end

new text begin (a) $17,755,000 the first year and $18,088,000
the second year are for parks and trails of
regional or statewide significance in the
metropolitan area, distributed according to
paragraphs (b) to (k).
new text end

new text begin (b) $1,490,000 the first year and $1,541,000
the second year are for grants to Anoka
County for:
new text end

new text begin (1) a trail connection for Bunker Hills
Regional Park from Avocet Street;
new text end

new text begin (2) restoration, including erosion repair,
along Pleasure Creek and the Mississippi
River Regional Trail at the Coon Rapids
Dam Regional Park;
new text end

new text begin (3) a new playground and surfacing at Lake
George Regional Park;
new text end

new text begin (4) land acquisition for the Rice Creek Chain
of Lakes Park Reserve;
new text end

new text begin (5) improvements at Rice Creek Chain of
Lakes Park Reserve, including maintenance
shop rehabilitation, road and parking
construction, fencing, beach improvements,
and roof repairs;
new text end

new text begin (6) trail reconstruction under East River
Road on the Rice Creek Chain of Lakes Park
Reserve;
new text end

new text begin (7) contracts with Conservation Corps
Minnesota;
new text end

new text begin (8) a volunteer or resource coordinator
position;
new text end

new text begin (9) a landscape designer or architect;
new text end

new text begin (10) design, engineering, and construction of
the Central Anoka County Regional Trail;
new text end

new text begin (11) road rehabilitation at Lake George
Regional Park;
new text end

new text begin (12) reconstruction of a retaining wall on the
Mississippi River Regional Trail;
new text end

new text begin (13) a trail connection on the Mississippi
River Regional Trail to connect Mississippi
West Regional Park to the city of Ramsey;
new text end

new text begin (14) improvements of the Heritage
Laboratory/Day Camp at the Rice Creek
Chain of Lakes Park Reserve; and
new text end

new text begin (15) trail reconstruction on the Rice Creek
North Regional Trail from Lexington Avenue
to Golden Lake Elementary School.
new text end

new text begin (c) $273,000 the first year and $283,000
the second year are for grants to the city of
Bloomington to reconstruct parking lots at the
Hyland-Bush-Anderson Lakes Park Reserve.
new text end

new text begin (d) $347,000 the first year and $361,000 the
second year are for grants to Carver County
to connect the Minnesota River Bluffs
Regional Trail and Southwest Regional Trail
and for trail and bridge construction on the
Minnesota River Bluff Regional Trail.
new text end

new text begin (e) $1,235,000 the first year and $1,277,000
the second year are for grants to Dakota
County for:
new text end

new text begin (1) engineering to extend the Mississippi
River Regional Trail and Big Rivers Regional
Trails, including extensions to St. Paul, and
to provide a connection to Lilydale Regional
Trail;
new text end

new text begin (2) a trail connection for the Mississippi
River Regional Trail to connect St. Paul and
to construct a bridge over railroad tracks;
new text end

new text begin (3) engineering and construction of regional
trail segments throughout the county;
new text end

new text begin (4) engineering and construction of a bridge
and trails through the Minnesota Zoological
Garden on the North Creek Regional
Greenway; and
new text end

new text begin (5) resource management of the county's
park and trail system.
new text end

new text begin (f) $5,595,000 the first year and $5,256,000
the second are for grants to the Minneapolis
Park and Recreation Board for:
new text end

new text begin (1) design and construction of trail loops,
river access areas, landscapes, and storm
water management improvements at Above
the Falls Regional Park;
new text end

new text begin (2) land acquisition at Above the Falls
Regional Park;
new text end

new text begin (3) a master plan and trail design for Central
Mississippi Riverfront Regional Park;
new text end

new text begin (4) design and construction of outdoor
adventure recreational facilities in the
Central Riverfront;
new text end

new text begin (5) trail, path, and shoreline improvements
and play area rehabilitation at
Nokomis-Hiawatha Regional Park;
new text end

new text begin (6) trail, shoreline, water access, picnic, sail
boat facility, and concession improvements at
Minneapolis Chain of Lakes Regional Park;
new text end

new text begin (7) a bird sanctuary, trail stabilization, habitat
restoration, accessibility improvements, and
construction of new entrances at Minneapolis
Chain of Lakes Regional Park; and
new text end

new text begin (8) a trail connection for the Minnehaha
Parkway Regional Trail below Lyndale
Avenue.
new text end

new text begin (g) $1,228,000 the first year and $1,523,000
the second year are for grants to Ramsey
County for:
new text end

new text begin (1) wayfinding for cross-country ski trails
at Battle Creek Regional Park, Tamarack
Nature Center, and Grass-Vadnais-Snail
Lakes Regional Park;
new text end

new text begin (2) contracts with Conservation Corps
Minnesota;
new text end

new text begin (3) design and construction of an early
learning center at Tamarack Nature Center
and pedestrian connections, landscape
restoration, signage, and other site amenities
at Bald Eagle-Otter Lakes Regional Park;
new text end

new text begin (4) improvements to Tamarack Nature
Center;
new text end

new text begin (5) building and supporting a volunteer corps
for Tamarack Nature Center and Discovery
Hollow;
new text end

new text begin (6) trail development to connect Tamarack
Nature Center to the Otter Lake boat launch;
new text end

new text begin (7) a trail on Vadnais Lake, storm water
management improvements, and site
amenities at Grass-Vadnais-Snail Lakes
Regional Park;
new text end

new text begin (8) trail development and connection, storm
water management improvements, and site
amenities at Rice Creek North Regional
Trail; and
new text end

new text begin (9) the Bruce Vento Regional Trail.
new text end

new text begin (h) $2,424,000 the first year and $2,507,000
the second year are for grants to the city of
Saint Paul for:
new text end

new text begin (1) an education coordinator;
new text end

new text begin (2) a volunteer coordinator;
new text end

new text begin (3) Como Regional Park shuttle operation;
new text end

new text begin (4) a trail connection to connect Harriet
Island to the Mississippi Regional Trail;
new text end

new text begin (5) Estabrook Road reconstruction and
lighting upgrades at Como Regional Park;
and
new text end

new text begin (6) a trail connection and railroad bridge
reconstruction at Lilydale Regional Park.
new text end

new text begin (i) $620,000 the first year and $640,000 the
second year are for grants to Scott County
for an entrance road, parking, and trails at
Cedar Lake Farm Regional Park.
new text end

new text begin (j) $3,667,000 the first year and $3,796,000
the second year are for grants to Three Rivers
Park District for:
new text end

new text begin (1) a trail connection to connect Grand
Rounds to Nine Mile Creek Trail;
new text end

new text begin (2) a trail bridge over County State-Aid
Highway 19 for the Lake Minnetonka LRT
Regional Trail;
new text end

new text begin (3) trail construction on the Crystal Lake
Regional Trail;
new text end

new text begin (4) trail construction on the Bassett Creek
Regional Trail;
new text end

new text begin (5) trail construction on the Twin Lakes
Regional Trail; and
new text end

new text begin (6) trail construction on the Nine Mile Creek
Regional Trail.
new text end

new text begin (k) $876,000 the first year and $904,000 the
second year are for grants to Washington
County for:
new text end

new text begin (1) parking, buildings, and other
improvements at Swim Pond;
new text end

new text begin (2) a trail connection that connects the Point
Douglas Regional Trail to Wisconsin; and
new text end

new text begin (3) improvements to Hardwood Creek
Regional Trail, including extending the trail
towards Bald Eagle Regional Park.
new text end

new text begin (l) A recipient of a grant awarded under this
section must give consideration to and make
timely written contact with Conservation
Corps Minnesota for possible use of corps
services to contract for restoration and
enhancement services. For projects with
the potential to need historic preservation
services, a recipient of a grant awarded
under this section must give consideration
to and make timely written contact with the
Northern Bedrock Conservation Corps for
possible use of the corps' services.
new text end

Sec. 5. new text begin LEGISLATURE
new text end

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

new text begin $5,000 the first year and $5,000 the second
year are for the Legislative Coordinating
Commission for the Web site required
in Minnesota Statutes, section 3.303,
subdivision 10, including detailed mapping.
new text end

Sec. 6.

Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:


Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State
High School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism;

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established
in section 97A.056;

(24) citizen member of the Clean Water Council established in section 114D.30; deleted text begin or
deleted text end

(25) member or chief executive of the Minnesota Sports Facilities Authority
established in section 473J.07new text begin ; or
new text end

new text begin (26) member of the Greater Minnesota Regional Parks and Trails Commissionnew text end .

Sec. 7.

new text begin [85.536] GREATER MINNESOTA REGIONAL PARKS AND TRAILS
COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Greater Minnesota Regional Parks and
Trails Commission is created to undertake system planning and provide recommendations
to the legislature for grants funded by the parks and trails fund to counties and cities
outside of the seven-county metropolitan area for parks and trails of regional significance.
new text end

new text begin Subd. 2. new text end

new text begin Commission. new text end

new text begin The commission shall include 12 members appointed by
the governor representing each of the regional parks and trails districts determined under
subdivision 3. Membership terms, compensation, removal of members, and filling of
vacancies are as provided in section 15.0575.
new text end

new text begin Subd. 3. new text end

new text begin Districts; plans and hearings. new text end

new text begin (a) The commissioner of natural resources,
in consultation with the Greater Minnesota Regional Parks and Trails Coalition, shall
establish 12 regional parks and trails districts in the state encompassing the area outside the
seven-county metropolitan area. The commissioner shall establish districts by combining
counties and may not assign a county to more than one district.
new text end

new text begin (b) Counties within each district may jointly prepare, after consultation with all
affected municipalities, and submit to the commission, and from time to time revise
and resubmit to the commission, a master plan for the acquisition and development of
parks and trails of regional significance located within the district. The counties, after
consultation with the commission, shall jointly hold a public hearing on the proposed plan
and budget at a time and place determined by the counties. Not less than 15 days before
the hearing, the counties shall provide notice of the hearing stating the date, time, and
place of the hearing, and the place where the proposed plan and budget may be examined
by any interested person. At any hearing, interested persons shall be permitted to present
their views on the plan and budget.
new text end

new text begin (c) The commission shall review each master plan to determine whether it meets
the conditions of subdivision 4. If it does not, the commission shall return the plan with
its comments to the district for revision and resubmittal.
new text end

new text begin Subd. 4. new text end

new text begin Regional significance. new text end

new text begin For a park or trail to be considered of regional
significance under this section:
new text end

new text begin (1) the park or trail must be natural resource-based;
new text end

new text begin (2) at least 30 percent of the park or trail user visits in a calendar year must be from
users who do not reside within the area of jurisdiction of the governmental unit that has
the financial and legal responsibility to own, operate, and maintain the park or trail;
new text end

new text begin (3) the total usage of the park or trail must exceed 20,000 visitors in a one-year period.
Park or trail attendance may be demonstrated by validated survey methods, actual user
data statistics, or another objective and quantifiable measure that is accurate and reliable;
new text end

new text begin (4) for parks, the park must be at least 100 acres in size; and
new text end

new text begin (5) for trails, the trail connects or will connect to existing state or regional trails as
demonstrated by the applicant.
new text end

new text begin Subd. 5. new text end

new text begin Recommendations. new text end

new text begin (a) The commission shall submit biennial
recommendations on appropriations of money from the parks and trails fund to the
legislature no later than January 15 each odd-numbered year. The commission may submit
supplemental recommendations by January 15 in even-numbered years.
new text end

new text begin (b) In recommending grants under this section, the commission shall make
recommendations consistent with master plans.
new text end

new text begin (c) The commission shall determine recommended grant amounts through an
adopted merit-based evaluation process that includes the level of local financial support.
The evaluation process is not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply.
new text end

new text begin (d) When recommending grants, the commission shall consider balance of the grant
benefits across greater Minnesota. Grant requests offering a nonstate match of at least 25
percent of the total eligible project costs shall be preferred.
new text end

new text begin (e) Grants may be recommended only for:
new text end

new text begin (1) parks and trails included in a plan approved by the commission under subdivision
3; and
new text end

new text begin (2) trails that connect or will connect to existing state or regional trails as
demonstrated by the applicant.
new text end

new text begin Subd. 6. new text end

new text begin Administration. new text end

new text begin The Department of Natural Resources shall provide
administrative support for the commission.
new text end

new text begin Subd. 7. new text end

new text begin Chair. new text end

new text begin The commission shall annually elect from among its members a
chair and other officers necessary for the performance of its duties.
new text end

new text begin Subd. 8. new text end

new text begin Meetings. new text end

new text begin The commission shall meet at least twice each year.
Commission meetings are subject to chapter 13D.
new text end

new text begin Subd. 9. new text end

new text begin Conflict of interest. new text end

new text begin A member of the commission may not participate in
or vote on a decision of the commission relating to an organization in which the member
has either a direct or indirect financial interest.
new text end

new text begin Subd. 10. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "commission" means the Greater
Minnesota Regional Parks and Trails Commission established under this section.
new text end

Sec. 8. new text begin MISSISSIPPI WHITEWATER PARK.
new text end

new text begin The appropriation in Laws 2003, chapter 128, article 1, section 5, subdivision 6,
from the water recreation account in the natural resources fund for a cooperative project
with the United States Army Corps of Engineers to develop the Mississippi Whitewater
Park is available until June 30, 2018.
new text end