HF 656

as introduced - 87th Legislature (2011 - 2012) Posted on 02/24/2011 09:57am

A bill for an act
relating to water; appropriating money from the clean water fund; modifying the
Clean Water Legacy Act; revising membership and duties of the Clean Water
Council; providing appointments; amending Minnesota Statutes 2010, sections
114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; repealing
Minnesota Statutes 2010, section 114D.45.

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 "2012" and "2013" used
in this act mean that the appropriation listed under them are available for the fiscal year
ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013.
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 2012 new text end		new text begin 2013 new text end

Sec. 2. new text begin DEPARTMENT OF AGRICULTURE new text end

new text begin $ new text end

new text begin 8,200,000 new text end

new text begin $ new text end

new text begin 8,200,000 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) $850,000 the first year and $850,000
the second year are to increase monitoring
and evaluate trends in the concentration of
nitrates in groundwater in high-risk areas
and regionally and to promote and evaluate
regional and crop-specific nutrient best
management practices.
new text end

new text begin (c) $5,000,000 the first year and $5,000,000
the second year are for the agriculture best
management practices loan program. At
least $4,000,000 the first year and at least
$4,400,000 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 loans. 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) $700,000 the first year and $700,000
the second year are for research, pilot
projects, and technical assistance on proper
implementation of best management
practices and more precise information on
unregulated contributions to impaired waters.
new text end

new text begin (e) $1,050,000 the first year and $1,050,000
the second year are for research to quantify
agricultural contributions to impaired waters
and for development and evaluation of
best management practices to protect and
restore water resources while maintaining
productivity.
new text end

new text begin (f) $250,000 the first year and $250,000 the
second year are for a research inventory
database containing water-related research
activities that have been publicly funded.
new text end

Sec. 3. new text begin PUBLIC FACILITIES AUTHORITY new text end

new text begin $ new text end

new text begin 16,710,000 new text end

new text begin $ new text end

new text begin 16,710,000 new text end

new text begin (a) $11,185,000 the first year and
$11,185,000 the second year are for the total
maximum daily load grant program under
Minnesota Statutes, section 446A.073. This
appropriation is available until spent.
new text end

new text begin (b) $4,275,000 the first year and $4,275,000
the second year are for the clean water legacy
phosphorus reduction grant program under
Minnesota Statutes, section 446A.074. This
appropriation is available until spent.
new text end

new text begin (c) $1,250,000 the first year and $1,250,000
the second year are for small community
wastewater treatment grants and loans under
Minnesota Statutes, section 446A.075. This
appropriation is available until spent.
new text end

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

Sec. 4. new text begin POLLUTION CONTROL AGENCY new text end

new text begin $ new text end

new text begin 22,375,000 new text end

new text begin $ new text end

new text begin 22,375,000 new text end

new text begin (a) $7,500,000 the first year and $7,500,000
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) $9,400,000 the first year and $9,400,000
the second year are to develop total maximum
daily load (TMDL) studies and TMDL
implementation plans for waters listed on
the United States Environmental Protection
Agency approved impaired waters list in
accordance with Minnesota Statutes, chapter
114D. The agency shall complete an average
of ten percent of the TMDL's each year over
the biennium.
new text end

new text begin (c) $1,125,000 the first year and $1,125,000
the second year are for groundwater
assessment, including enhancing the
ambient monitoring network, modeling,
and continuing to monitor for and assess
contaminants of emerging concern.
new text end

new text begin (d) $750,000 the first year and $750,000
the second year are for a restoration project
in the lower St. Louis River and Duluth
harbor. This appropriation must be matched
by nonstate money at a rate of $2 for every
$1 of state money.
new text end

new text begin (e) $1,250,000 the first year and $1,250,000
the second year are for the clean water
partnership program to provide grants
to protect and improve the basins and
watersheds of the state and provide financial
and technical assistance to study waters
with unregulated source pollution problems.
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 (f) $400,000 the first year and $400,000 the
second year are for storm water research and
guidance.
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. By November 1,
2013, the commissioner shall submit a report
to the chairs of the house of representatives
and senate committees with jurisdiction
over environment and natural resources
finance on the outcomes achieved with this
appropriation.
new text end

new text begin (h) $800,000 the first year and $800,000
the second year are for national pollutant
discharge elimination system wastewater and
storm water TMDL implementation efforts.
new text end

new text begin The commissioner shall incorporate civic
engagement and public education efforts into
the programs and projects funded under this
section.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2013, as grants or contracts in
this section are available until June 30, 2015.
new text end

Sec. 5. new text begin DEPARTMENT OF NATURAL RESOURCES new text end

new text begin $ new text end

new text begin 10,160,000 new text end

new text begin $ new text end

new text begin 10,160,000 new text end

new text begin (a) $1,350,000 the first year and $1,350,000
the second year are for the continuation and
expansion of stream flow monitoring.
new text end

new text begin (b) $1,150,000 the first year and $1,150,000
the second year are for lake Index of
Biological Integrity (IBI) assessments,
including assessment of 400 additional lakes
and technical analysis to develop an aquatic
plant IBI analysis. The commissioner shall
work with the commissioner of the Pollution
Control Agency on the development of an
assessment tool.
new text end

new text begin (c) $130,000 the first year and $130,000
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) $1,955,000 the first year and $1,955,000
the second year are for TMDL development
and TMDL implementation plans for waters
listed on the United States Environmental
Protection Agency approved impaired waters
list in accordance with Minnesota Statutes,
chapter 114D, and for development of a
watershed assessment tool.
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) $450,000 the first year and $450,000 the
second year are for establishing a Web-based
electronic permitting system to capture water
appropriation use information.
new text end

new text begin (g) $1,975,000 the first year and $1,975,000
the second year are for shoreland
stewardship, TMDL implementation
coordination, providing technical assistance
to the Drainage Work Group and Drainage
Management Team, and maintaining and
updating data. Of this amount, $235,000
each year is for maintaining and updating
watershed boundaries and integrating
high-resolution digital elevation data with
watershed modeling and $240,000 each year
is for a biomonitoring database. TMDL
implementation coordination efforts shall be
focused on major watersheds with TMDL
implementation plans, including forested
watersheds.
new text end

new text begin (h) $1,350,000 the first year and $1,350,000
the second year are to acquire and distribute
high-resolution digital elevation data using
light detection and ranging to aid with
impaired waters modeling and TMDL
implementation under Minnesota Statutes,
chapter 114D. The money shall be used to
collect data for areas of the state that have not
acquired such data prior to January 1, 2007,
or to complete acquisition and distribution
of the data for those areas of the state that
have not previously received state funds for
acquiring and distributing the data. Mapping
and data set distribution under this paragraph
must be completed within three years of
funds availability. The commissioner shall
utilize department staff whenever possible.
The commissioner may contract for services
only if the services cannot otherwise be
provided by the department.
new text end

new text begin (i) $300,000 the first year and $300,000
the second year are for delivery of decision
support tools through outreach, education,
and citizen engagement.
new text end

Sec. 6. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 27,192,000 new text end

new text begin $ new text end

new text begin 27,192,000 new text end

new text begin (a) $13,750,000 the first year and $13,750,000
the second year are for pollution reduction
and restoration grants to local government
units and joint powers organizations of
local government units to protect 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 (SSTS)
projects and stream bank, stream channel,
and shoreline restoration projects. The
projects must be of long-lasting public
benefit, include a match, and be consistent
with TMDL implementation plans or local
water management plans. The board shall
contract for services with Conservation Corps
Minnesota for restoration, maintenance, and
other activities under this paragraph for at
least $500,000 the first year and at least
$500,000 the second year.
new text end

new text begin (b) $3,000,000 the first year and $3,000,000
the second year are for targeted local
resource protection and enhancement grants.
The board shall give priority consideration
to projects and practices that complement,
supplement, or 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 (c) $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 and projects
funded under this section. 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 (d) $1,000,000 the first year and $1,000,000
the second year are for technical assistance
and grants for the conservation drainage
program in consultation with the Drainage
Work Group that consists of projects to
retrofit existing drainage systems with
water quality improvement practices,
evaluate outcomes, and provide outreach
to landowners, public drainage authorities,
drainage engineers and contractors, and
others.
new text end

new text begin (e) $6,000,000 the first year and $6,000,000
the second year are to purchase and restore
permanent conservation easements on
riparian buffers adjacent to public waters,
excluding wetlands, 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. The
riparian buffers must be at least 50 feet
unless there is a natural impediment, a road,
or other impediment beyond the control
of the landowner. 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.
new text end

new text begin (f) $1,000,000 the first year and $1,000,000
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 management area,
as defined under Minnesota Rules, part
4720.5100, subpart 13, is designated as high
or very high by the commissioner of health.
new text end

new text begin (g) $1,500,000 the first year and $1,500,000
the second year are for community partners
grants to local units of government for:
(i) 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 (ii) 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 or local water
management plans. Local government unit
staff and administration costs may be used
as a match.
new text end

new text begin (h) $42,000 the first year and $42,000 the
second year are for a technical assistance
panel to conduct up to ten restoration audits
under Minnesota Statutes, section 114D.50,
subdivision 6.
new text end

new text begin The board shall incorporate efforts to enhance
local capacity to engage the public during
restoration, protection, and implementation
projects and activities through the board's
programs and projects funded under this
section.
new text end

new text begin 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 The appropriations in this section are
available until June 30, 2014, and, unless
otherwise specified, the board may utilize up
to five percent for administration of grant and
easement programs and up to five percent for
technical design, construction, and project
oversight.
new text end

Sec. 7. new text begin DEPARTMENT OF HEALTH new text end

new text begin $ new text end

new text begin 2,685,000 new text end

new text begin $ new text end

new text begin 2,685,000 new text end

new text begin (a) $1,020,000 the first year and $1,020,000
the second year are for addressing public
health concerns related to contaminants
found in Minnesota drinking water for which
no health-based drinking water standard
exists.
new text end

new text begin (b) $1,415,000 the first year and $1,415,000
the second year are for protection of drinking
water sources.
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

Sec. 8. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $500,000 the first year and $500,000 the
second year are for implementation of the
master water supply plan developed under
Minnesota Statutes, section 473.1565.
new text end

Sec. 9. 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 costs of
developing and implementing a Web site to
contain information on projects receiving
appropriations from the clean water fund and
other constitutionally dedicated funds.
new text end

Sec. 10.

Minnesota Statutes 2010, section 114D.10, is amended to read:

114D.10 LEGISLATIVE PURPOSE AND FINDINGS.

Subdivision 1.

Purpose.

The purpose of the Clean Water Legacy Act is to protect,
new text begin enhance, and new text end restore deleted text begin , and preserve the deleted text end new text begin water new text end quality deleted text begin of Minnesota's surface waters deleted text end new text begin in
lakes, rivers, and streams and to protect groundwater from degradation, new text end by providing
authority, direction, and resources to achieve and maintain water quality standards for
new text begin groundwater and new text end surface waters deleted text begin as deleted text end new text begin , including the standards new text end required by section 303(d)
of the federal Clean Water Act, United States Code, title 33, section 1313(d), and new text begin other new text end
applicable new text begin state and new text end federal regulations.

Subd. 2.

Findings.

The legislature finds that:

(1) there is a close link between protecting, new text begin enhancing, and new text end restoring deleted text begin , and preserving deleted text end
the quality of Minnesota's new text begin groundwater and new text end surface waters and the ability to develop the
state's economy, enhance its quality of life, and protect its human and natural resources;

(2) achieving the state's water quality goals will require long-term commitment and
cooperation by all state and local agencies, and other public and private organizations
and individuals, with responsibility and authority for water management, planning, and
protection; and

(3) all persons and organizations whose activities affect the quality of waters,
including deleted text begin point deleted text end new text begin regulated new text end and deleted text begin nonpoint deleted text end new text begin unregulated new text end sources of pollution, have a
responsibility to participate in and support efforts to achieve the state's water quality goals.

Sec. 11.

Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:

Subdivision 1.

Coordination and cooperation.

In implementing this chapter,
public agencies and private entities shall take into consideration the relevant provisions of
local and other applicable water management, conservation, land use, land management,
and development plans and programs. Public agencies with authority for local water
management, conservation, land use, land management, and development plans shall
take into consideration the manner in which their plans affect the implementation of
this chapter. Public agencies shall identify opportunities to participate and assist in the
successful implementation of this chapter, including the funding or technical assistance
needs, if any, that may be necessary. In implementing this chapter, public agencies shall
endeavor to engage the cooperation of organizations and individuals whose activities
affect the quality of new text begin groundwater or new text end surface waters, including deleted text begin point deleted text end new text begin regulated new text end and deleted text begin nonpoint deleted text end new text begin
unregulated new text end sources of pollution, and who have authority and responsibility for water
management, planning, and protection. To the extent practicable, public agencies shall
endeavor to enter into formal and informal agreements and arrangements with federal
agencies and departments to jointly utilize staff and educational, technical, and financial
resources to deliver programs or conduct activities to achieve the intent of this chapter,
including efforts under the federal Clean Water Act and other federal farm and soil and
water conservation programs. Nothing in this chapter affects the application of silvicultural
exemptions under any federal, state, or local law or requires silvicultural practices more
stringent than those recommended in the timber harvesting and forest management
guidelines adopted by the Minnesota Forest Resources Council under section 89A.05.

Sec. 12.

Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:

Subd. 2.

Goals for implementation.

The following goals must guide the
implementation of this chapter:

(1) to identify impaired waters in accordance with federal TMDL requirements
within ten years after the effective date of this section and thereafter to ensure continuing
evaluation of surface waters for impairments;

(2) to submit TMDL's to the United States Environmental Protection Agency for all
impaired waters in a timely manner in accordance with federal TMDL requirements;

(3) to set a reasonable time for implementing restoration of each identified impaired
water;

(4) to provide assistance and incentives to prevent waters from becoming impaired
and to improve the quality of waters that are listed as impaired but do not have an
approved TMDL addressing the impairment;

(5) to promptly seek the delisting of waters from the impaired waters list when those
waters are shown to achieve the designated uses applicable to the waters; deleted text begin and
deleted text end

(6) to achieve compliance with federal Clean Water Act requirements in Minnesota deleted text begin . deleted text end new text begin ;
new text end

new text begin (7) to support effective measures to prevent the degradation of groundwater
according to the groundwater degradation prevention goal under section 103H.001; and
new text end

new text begin (8) to support effective measures to restore degraded groundwater.
new text end

Sec. 13.

Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:

Subd. 3.

Implementation policies.

The following policies must guide the
implementation of this chapter:

(1) develop regional and watershed TMDL's and TMDL implementation plans, and
TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
feasible;

(2) maximize use of available organizational, technical, and financial resources to
perform sampling, monitoring, and other activities to identify new text begin degraded groundwater and new text end
impaired waters, including use of citizen monitoring and citizen monitoring data used
by the Pollution Control Agency in assessing water quality deleted text begin must meet deleted text end new text begin that meets new text end the
requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
Pollution Control Agency (2003);

(3) maximize opportunities for restoration of new text begin degraded groundwater and new text end impaired
waters, by prioritizing and targeting of available programmatic, financial, and technical
resources and by providing additional state resources to complement and leverage
available resources;

(4) use existing regulatory authorities to achieve restoration for deleted text begin point deleted text end new text begin regulated new text end and
deleted text begin nonpoint deleted text end new text begin unregulated new text end sources of pollution where applicable, and promote the development
and use of effective nonregulatory measures to address pollution sources for which
regulations are not applicable;

(5) use restoration methods that have a demonstrated effectiveness in reducing
impairments and provide the greatest long-term positive impact on water quality protection
and improvement and related conservation benefits while incorporating innovative
approaches on a case-by-case basis;

(6) identify for the legislature any innovative approaches that may strengthen or
complement existing programs;

(7) identify and encourage implementation of measures to prevent new text begin surface new text end waters
from becoming impaired and to improve the quality of waters that are listed as impaired
but have no approved TMDL addressing the impairment using the best available data and
technology, and establish and report outcome-based performance measures that monitor
the progress and effectiveness of protection and restoration measures; deleted text begin and
deleted text end

(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
amount up to 150 percent of the financial assistance received for failure to comply deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) identify and encourage implementation of measures to prevent groundwater from
becoming degraded and measures that restore groundwater resources.
new text end

Sec. 14.

Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:

Subd. 6.

Priorities for restoration of impaired waters.

In implementing
restoration of impaired waters, in addition to the priority considerations in subdivision 5,
the Clean Water Council shall give priority in its recommendations for restoration funding
from the clean water deleted text begin legacy account deleted text end new text begin fund new text end to restoration projects that:

(1) coordinate with and utilize existing local authorities and infrastructure for
implementation;

(2) can be implemented in whole or in part by providing support for existing or
ongoing restoration efforts;

(3) most effectively leverage other sources of restoration funding, including federal,
state, local, and private sources of funds;

(4) show a high potential for early restoration and delisting based upon scientific
data developed through public agency or citizen monitoring or other means; and

(5) show a high potential for long-term water quality and related conservation
benefits.

Sec. 15.

Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:

Subd. 7.

Priorities for funding prevention actions.

The Clean Water Council
shall apply the priorities applicable under subdivision 6, as far as practicable, when
recommending priorities for funding actions to prevent new text begin groundwater and surface new text end waters
from becoming new text begin degraded or new text end impaired and to improve the quality of new text begin surface new text end waters that are
listed as impaired but do not have an approved TMDL.

Sec. 16.

Minnesota Statutes 2010, section 114D.30, is amended to read:

114D.30 CLEAN WATER COUNCIL.

Subdivision 1.

Creation; duties.

A Clean Water Council is created to advise on the
administration and implementation of this chapter, and foster coordination and cooperation
as described in section 114D.20, subdivision 1. The council may also advise on the
development of appropriate processes for expert scientific review as described in section
114D.35, subdivision 2. The Pollution Control Agency shall provide administrative
support for the council with the support of other member agencies. The members of the
council shall elect a chair from the deleted text begin nonagency deleted text end new text begin voting new text end members of the council.

Subd. 2.

Membership; appointment.

new text begin (a) new text end The commissioners of natural resources,
agriculture, new text begin health, new text end and the Pollution Control Agency, and the executive director of the
Board of Water and Soil Resources shall appoint one person from their respective agency
to serve as a new text begin nonvoting new text end member of the council. deleted text begin Agency members serve as nonvoting
members of the council. deleted text end new text begin 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.
Agency and legislative members appointed under this paragraph serve as nonvoting
members of the council. new text end

new text begin (b) new text end Nineteen deleted text begin additional nonagency deleted text end new text begin voting new text end 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;

(9) one member representing the Metropolitan Council established under section
473.123;

(10) one township officer;

(11) one member representing the interests of tribal governments;

(12) one member representing statewide hunting organizations;

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

(14) one member representing statewide fishing organizations.

Members appointed under deleted text begin clauses (1) to (14) deleted text end new text begin this paragraph new text end must not be registered
lobbyists new text begin or legislators new text end . 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.

Subd. 3.

Conflict of interest.

A Clean Water Council member may not participate
in or vote on a decision of the council relating to an organization in which the member has
either a direct or indirect personal financial interest. While serving on the Clean Water
Council, a member shall avoid any potential conflict of interest.

Subd. 4.

Terms; compensation; removal.

deleted text begin The initial terms of members
representing state agencies and the Metropolitan Council expire on the first Monday in
January 2007. Thereafter, deleted text end The terms of members representing the state agencies and the
Metropolitan Council are four years and are coterminous with the governor. The terms
of other new text begin nonlegislative new text end members of the council shall be as provided in section 15.059,
subdivision 2. Members may serve until their successors are appointed and qualify.
Compensation and removal of new text begin nonlegislative new text end council members is as provided in section
15.059, subdivisions 3 and 4. new text begin Compensation of legislative members is as determined
by the appointing authority. new text end A vacancy on the council may be filled by the appointing
authority provided in subdivision 1 for the remainder of the unexpired term.

Subd. 5.

Implementation plan.

The Clean Water Council shall recommend a plan
for implementation of this chapter new text begin and the provisions of article XI, section 15, of the
Minnesota Constitution relating to clean water new text end . The recommended plan shall address
general procedures and time frames for implementing this chapter, and shall include a more
specific implementation work plan for the next fiscal biennium and a framework for setting
priorities to address impaired waters consistent with section 114D.20, subdivisions 2 to 7.
The council shall issue deleted text begin the first recommended plan under this subdivision by December 1,
2005, and shall issue deleted text end a revised plan by December 1 of each even-numbered year deleted text begin thereafter deleted text end .

Subd. 6.

Recommendations on appropriation of funds.

new text begin (a) new text end The Clean Water
Council shall recommend to the governor new text begin and the legislature new text end the manner in which
money from the clean water deleted text begin legacy account deleted text end new text begin fund new text end should be appropriated for the purposes
deleted text begin identified in section 114D.45, subdivision 3 deleted text end new text begin stated in article XI, section 15, of the
Minnesota Constitution and section 114D.50 new text end .

new text begin (b) new text end The council's recommendations must new text begin :
new text end

new text begin (1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and
to protect groundwater from degradation, consistent with the purposes stated in section
114D.50, subdivision 3;
new text end

new text begin (2) new text end be consistent with the purposes, policies, goals, and priorities in deleted text begin sections
114D.05 to 114D.35, deleted text end new text begin this chapter; new text end and deleted text begin shall
deleted text end

new text begin (3) new text end allocate adequate support and resources to identify new text begin degraded groundwater and
new text end impaired waters, develop TMDL's, implement restoration of new text begin groundwater and new text end impaired
waters, and provide assistance and incentives to prevent new text begin groundwater and surface new text end waters
from becoming new text begin degraded or new text end impaired and improve the quality of new text begin surface new text end waters which are
listed as impaired but have no approved TMDL.

new text begin (c) new text end The council must recommend methods of ensuring that awards of grants,
loans, or other funds from the clean water deleted text begin legacy account deleted text end new text begin fund new text end specify the outcomes
to be achieved as a result of the funding and specify standards to hold the recipient
accountable for achieving the desired outcomes. Expenditures from the deleted text begin account deleted text end new text begin fund new text end must
be appropriated by law.

Subd. 7.

Biennial report to legislature.

By December 1 of each even-numbered
year, the council shall submit a report to the legislature on the activities for which money
has been or will be spent for the current biennium, the activities for which money is
recommended to be spent in the next biennium, and the impact on economic development
of the implementation of new text begin efforts to protect and restore groundwater and new text end the impaired waters
program. The report due on December 1, 2014, must include an evaluation of the progress
made through June 30, 2014, in implementing this chapter new text begin and the provisions of article XI,
section 15, of the Minnesota Constitution relating to clean water new text end , the need for funding of
future implementation deleted text begin of those sections deleted text end , and recommendations for the sources of funding.

Sec. 17.

Minnesota Statutes 2010, section 114D.35, is amended to read:

114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
REVIEW; EDUCATION.

Subdivision 1.

Public and stakeholder participation.

Public agencies and private
entities involved in the implementation of this chapter shall encourage participation by
the public and stakeholders, including local citizens, landowners and managers, and
public and private organizations, in deleted text begin the identification of deleted text end new text begin identifying new text end impaired waters, in
developing TMDL's, deleted text begin and deleted text end in planning, priority setting, and implementing restoration of
impaired waters new text begin , in identifying degraded groundwater, and in protecting and restoring
groundwater resources new text end . In particular, the Pollution Control Agency shall make reasonable
efforts to provide timely information to the public and to stakeholders about impaired
waters that have been identified by the agency. The agency shall seek broad and early
public and stakeholder participation in scoping the activities necessary to develop a
TMDL, including the scientific models, methods, and approaches to be used in TMDL
development, and to implement restoration pursuant to section 114D.15, subdivision 7.

Subd. 2.

Expert scientific advice.

The Clean Water Council and public agencies
and private entities shall make use of available public and private expertise from
educational, research, and technical organizations, including the University of Minnesota
and other higher education institutions, to provide appropriate independent expert advice
on models, methods, and approaches used in identifying new text begin degraded ground water and
new text end impaired waters, developing TMDL's, and implementing prevention and restoration.

Subd. 3.

Education.

The Clean Water Council shall develop strategies for
informing, educating, and encouraging the participation of citizens, stakeholders,
and others regarding the identification of impaired waters, development of TMDL's,
development of TMDL implementation plans, deleted text begin and deleted text end implementation of restoration for
impaired waters new text begin , identification of degraded groundwater, and protection and restoration
of groundwater resources new text end . Public agencies shall be responsible for implementing the
strategies.

Sec. 18. new text begin AVAILABILITY OF APPROPRIATIONS.
new text end

new text begin Money appropriated in this act may not be spent on activities unless they are directly
related to and necessary for a specific appropriation. Money appropriated in this act must
not be spent on indirect costs or other institutional overhead charges.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 114D.45, new text end new text begin is repealed.
new text end