HF 1928

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 05/02/2019 03:44pm

A bill for an act
relating to waters; modifying Clean Water Legacy Act; appropriating money from
clean water fund; amending Minnesota Statutes 2018, sections 103B.3369,
subdivisions 5, 9; 103B.801, subdivisions 2, 4, 5; 114D.15, subdivisions 7, 11, 13,
by adding subdivisions; 114D.20, subdivisions 2, 3, 5, 7, by adding subdivisions;
114D.26; 114D.30, by adding a subdivision; 114D.35, subdivisions 1, 3; proposing
coding for new law in Minnesota Statutes, chapter 114D.

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 "2020" and "2021" used in this
article mean that the appropriations listed under them are available for the fiscal year ending
June 30, 2020, or June 30, 2021, respectively. "The first year" is fiscal year 2020. "The
second year" is fiscal year 2021. "The biennium" is fiscal years 2020 and 2021. 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 2020 new text end		new text begin 2021 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 126,959,000 new text end

new text begin $ new text end

new text begin 134,302,000 new text end

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

new text begin Subd. 2. new text end new text begin Availability of Appropriation new text end

new text begin Money appropriated in this article may not be
spent on activities unless they are directly
related to and necessary for a specific
appropriation. Money appropriated in this
article must be spent in accordance with
Minnesota Management and Budget's
Guidance to Agencies on Legacy Fund
Expenditure. Notwithstanding Minnesota
Statutes, section 16A.28, and unless otherwise
specified in this article, fiscal year 2020
appropriations are available until June 30,
2021, and fiscal year 2021 appropriations are
available until June 30, 2022. If a project
receives federal funds, the period of the
appropriation is extended to equal the
availability of federal funding.
new text end

new text begin Subd. 3. new text end new text begin Disability Access new text end

new text begin Where appropriate, grant recipients of clean
water funds, in consultation with the Council
on Disability and other appropriate
governor-appointed disability councils, boards,
committees, and commissions, should make
progress toward providing people with
disabilities greater access to programs, print
publications, and digital media related to the
programs the recipient funds using
appropriations made in this article.
new text end

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

new text begin $ new text end

new text begin 12,445,000 new text end

new text begin $ new text end

new text begin 12,445,000 new text end

new text begin (a) $350,000 the first year and $350,000 the
second year are to increase monitoring for
pesticides, pesticide degradates, microplastics,
and nanoplastics in surface water and
groundwater and to use data collected to assess
pesticide use practices. By January 15, 2021,
the commissioner must submit a report to the
chairs and ranking minority members of the
house of representatives and senate
committees and divisions with jurisdiction
over agriculture, environment and natural
resources, and the clean water fund detailing
the results of the monitoring and assessment
conducted under this paragraph and
information on the pesticide monitoring
conducted under Minnesota Statutes, section
18B.064.
new text end

new text begin (b) $2,585,000 the first year and $2,585,000
the second year are for monitoring and
evaluating trends in the concentration of
nitrate in groundwater in areas vulnerable to
groundwater degradation; promoting,
developing, and evaluating regional and
crop-specific nutrient best management
practices; assessing best management practice
adoption; education and technical support from
University of Minnesota Extension; grants to
support agricultural demonstration and
implementation activities; Rosholt Farm; and
other actions to protect groundwater from
degradation from nitrate. This appropriation
is available until June 30, 2024.
new text end

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

new text begin (d) $50,000 the first year and $50,000 the
second year are for a research inventory
database containing water-related research
activities. Costs for information technology
development or support for this research
inventory database may be paid to the Office
of MN.IT Services. This appropriation is
available until June 30, 2024.
new text end

new text begin (e) $3,000,000 the first year and $3,000,000
the second year are to implement the
Minnesota agricultural water quality
certification program statewide. By January
15, 2021, the commissioner must submit a
report to the chairs and ranking minority
members of the house of representatives and
senate committees and divisions with
jurisdiction over agriculture, environment and
natural resources, and the clean water fund
detailing the outcomes achieved by the
program, including a comparison of state water
quality goals and the impact the program has
on meeting the goals. Funds appropriated in
this paragraph are available until June 30,
2024.
new text end

new text begin (f) $385,000 the first year and $385,000 the
second year are for a regional irrigation water
quality specialist through University of
Minnesota Extension, development and
statewide expansion of the irrigation
management assistant tool, irrigation education
and outreach, and the Agricultural Weather
Station Network.
new text end

new text begin (g) $5,000,000 the first year and $5,000,000
the second year are for grants for the Forever
Green Agriculture Initiative to protect the
state's natural resources while increasing the
efficiency, profitability, and productivity of
Minnesota farmers by reducing agricultural
contributions to impaired waters through the
incorporation of perennial and winter-annual
crops into existing agricultural practices to
protect and restore drinking water resources.
Of this amount, $2,500,000 each year is to the
Board of Regents of the University of
Minnesota for grants for research and
establishing the Agricultural Diversification
Steering Council and Network and $2,500,000
each year is for grants to implement Forever
Green crops or cropping systems. This
appropriation is available until June 30, 2024.
new text end

new text begin (h) $1,000,000 the first year and $1,000,000
the second year are for testing private wells
for pesticides, microplastics, and nanoplastics
where nitrate is detected as part of the
township testing program. This appropriation
is available until June 30, 2024.
new text end

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

new text begin $ new text end

new text begin 9,125,000 new text end

new text begin $ new text end

new text begin 9,125,000 new text end

new text begin (a) $9,000,000 the first year and $9,000,000
the second year are for the point source
implementation grants program under
Minnesota Statutes, section 446A.073. This
appropriation is available until June 30, 2024.
new text end

new text begin (b) $125,000 the first year and $125,000 the
second year are for small community
wastewater treatment grants and loans under
Minnesota Statutes, section 446A.075. This
appropriation is available until June 30, 2024.
new text end

new text begin (c) If there is any uncommitted money 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 according to a project's 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 24,823,000 new text end

new text begin $ new text end

new text begin 22,623,000 new text end

new text begin (a) $8,500,000 the first year and $6,300,000
the second year are for completing needed
statewide assessments of surface water quality
and trends, including assessments for
microplastics and nanoplastics, according to
Minnesota Statutes, chapter 114D. By January
15, 2021, the commissioner must submit a
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 and the clean water fund detailing
the outcomes achieved under this paragraph.
new text end

new text begin (b) $8,050,000 the first year and $8,050,000
the second year are to develop watershed
restoration and protection strategies (WRAPS),
which include total maximum daily load
(TMDL) studies and TMDL implementation
plans according to Minnesota Statutes, chapter
114D, for waters on the impaired waters list
approved by the United States Environmental
Protection Agency. The agency must complete
an average of ten percent of the TMDLs each
year over the biennium.
new text end

new text begin (c) $1,500,000 the first year and $1,500,000
the second year are for groundwater
assessment, including assessments for
microplastics and nanoplastics, enhancing the
ambient monitoring network, modeling,
evaluating trends, and reassessing groundwater
that was assessed ten to 15 years ago and
found to be contaminated.
new text end

new text begin (d) $750,000 the first year and $750,000 the
second year are for implementing the St. Louis
River System Area of Concern Remedial
Action Plan.
new text end

new text begin (e) $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 (f) $3,938,000 the first year and $3,938,000
the second year are for enhancing the
county-level delivery systems for subsurface
sewage treatment system (SSTS) activities
necessary to implement Minnesota Statutes,
sections 115.55 and 115.56, for protecting
groundwater, including base grants for all
counties with SSTS programs and competitive
grants to counties with specific plans to
significantly reduce water pollution by
reducing the number of systems that are an
imminent threat to public health or safety or
are otherwise failing. Counties that receive
base grants must report the number of sewage
noncompliant properties upgraded through
SSTS replacement, connection to a centralized
sewer system, or other means, including
property abandonment or buy-out. Counties
also must report the number of existing SSTS
compliance inspections conducted in areas
under county jurisdiction. These required
reports are to be part of established annual
reporting for SSTS programs. Counties that
conduct SSTS inventories or those with an
ordinance in place that requires an SSTS to
be inspected as a condition of transferring
property or as a condition of obtaining a local
permit must be given priority for competitive
grants under this paragraph. Of this amount,
$1,500,000 each year is available to counties
for grants to low-income landowners to
address systems that pose an imminent threat
to public health or safety or fail to protect
groundwater. A grant awarded under this
paragraph may not exceed $40,000 for the
biennium. A county receiving a grant under
this paragraph must submit a report to the
agency listing the projects funded, including
an account of the expenditures. By January
15, 2021, the commissioner must submit a
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 and the clean water fund detailing
the outcomes achieved under this paragraph
and past appropriations from the clean water
fund for this purpose.
new text end

new text begin (g) $775,000 the first year and $775,000 the
second year are for a grant program for
sanitary sewer projects that are included in the
draft or any updated Voyageurs National Park
Clean Water Project Comprehensive Plan to
restore the water quality of waters in
Voyageurs National Park. Grants must be
awarded to local government units for projects
approved by the Voyageurs National Park
Clean Water Joint Powers Board and must be
matched by at least 25 percent from sources
other than the clean water fund.
new text end

new text begin (h) $300,000 the first year and $300,000 the
second year are for activities, training, and
grants that reduce chloride pollution. Of this
amount, $100,000 each year is for grants for
upgrading or removing water-softening units
at public facilities. This appropriation is
available until June 30, 2023. Any
unencumbered grant balances in the first year
do not cancel but are available for grants in
the second year.
new text end

new text begin (i) $110,000 the first year and $110,000 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 (j) The commissioner must develop protocols
for testing groundwater and surface water for
microplastics and nanoplastics to be used by
agencies and departments required to monitor
and test for plastics under this article. For the
purposes of this article, "microplastics" are
small pieces of plastic debris in the
environment resulting from the disposal and
breakdown of consumer products and
industrial waste that are less than five
millimeters in length and "nanoplastics" are
particles within a size ranging from 1 to 1000
nanometers that are unintentionally produced
from the manufacture or degradation of plastic
objects and that exhibit a colloidal behavior.
new text end

new text begin (k) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations in this
section are available until June 30, 2024.
new text end

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

new text begin $ new text end

new text begin 11,076,000 new text end

new text begin $ new text end

new text begin 11,076,000 new text end

new text begin (a) $2,200,000 the first year and $2,200,000
the second year are for stream flow
monitoring.
new text end

new text begin (b) $1,250,000 the first year and $1,250,000
the second year are for lake Index of
Biological Integrity (IBI) assessments,
including assessments for microplastics and
nanoplastics. At least 50 percent of the
assessments must be conducted in the
seven-county metropolitan area and the cities
of Rochester and Duluth.
new text end

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

new text begin (d) $2,016,000 the first year and $2,016,000
the second year are for developing targeted,
science-based watershed restoration and
protection strategies.
new text end

new text begin (e) $2,325,000 the first year and $2,325,000
the second year are for water-supply planning,
aquifer protection, and monitoring activities.
new text end

new text begin (f) $1,200,000 the first year and $1,200,000
the second year are for technical assistance to
support local implementation of nonpoint
source restoration and protection activities.
new text end

new text begin (g) $700,000 the first year and $700,000 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; and assessing effectiveness of
forestry best management practices for water
quality.
new text end

new text begin (h) $150,000 the first year and $150,000 the
second year are for developing county
geologic atlases.
new text end

new text begin (i) $100,000 the first year and $100,000 the
second year are for maintenance and updates
to buffer maps and for technical guidance on
interpreting buffer maps for local units of
government implementing buffer
requirements. Maps must be provided to local
units of government and made available to
landowners on the Department of Natural
Resources' website.
new text end

new text begin (j) $1,000,000 the first year and $1,000,000
the second year are to acquire permanent
interests in lands in the Mississippi
Headwaters Watershed to protect, enhance,
and restore water quality, while preparing for
climate change through the Minnesota forests
for the future program under Minnesota
Statutes, section 84.66.
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 56,269,000 new text end

new text begin $ new text end

new text begin 63,269,000 new text end

new text begin (a) $14,711,000 the first year and $14,711,000
the second year are for performance-based
grants with multiyear implementation plans
to local government units. The grants may be
used to implement projects that protect,
enhance, and restore surface water quality in
lakes, rivers, and streams; protect groundwater
from degradation; and protect drinking water
sources. Projects must be identified in a
comprehensive watershed plan developed
under the One Watershed, One Plan or
metropolitan surface water management
frameworks or groundwater plans. Grant
recipients must identify a nonstate match and
may use other legacy funds to supplement
projects funded under this paragraph.
new text end

new text begin (b) $16,300,000 the first year and $16,300,000
the second year are for grants to local
government units to protect and restore surface
water and drinking water; to keep water on
the land; to protect, enhance, and restore water
quality in lakes, rivers, and streams; and to
protect groundwater and drinking water,
including feedlot water quality and subsurface
sewage treatment system projects and stream
bank, stream channel, shoreline restoration,
and ravine stabilization projects. The projects
must use practices demonstrated to be
effective, be of long-lasting public benefit,
include a match, and be consistent with total
maximum daily load (TMDL) implementation
plans, watershed restoration and protection
strategies (WRAPS), or local water
management plans or their equivalents. A
portion of this money may be used to seek
administrative efficiencies through shared
resources by multiple local governmental
units. Of this appropriation, at least 20 percent
is for land-conservation projects and practices
that benefit drinking water.
new text end

new text begin (c) $6,050,000 the first year and $6,050,000
the second year are for accelerated
implementation, including local resource
protection, enhancement grants, and statewide
analytical targeting tools that fill an identified
gap, program enhancements for technical
assistance, citizen and community outreach,
compliance, and training and certification. By
January 15, 2021, the commissioner must
submit a report to the Clean Water Council
and the chairs and ranking minority members
of the house of representatives and senate
committees and divisions with jurisdiction
over environment and natural resources and
the clean water fund detailing the outcomes
achieved with this appropriation.
new text end

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

new text begin (e) $2,500,000 the first year and $2,500,000
the second year are to provide assistance,
oversight, and grants for supporting local
governments in implementing and complying
with riparian protection and excessive soil loss
requirements.
new text end

new text begin (f) $4,875,000 the first year and $4,875,000
the second year are to purchase, restore, or
preserve riparian land adjacent to lakes, rivers,
streams, and tributaries, by easements or
contracts, to keep water on the land to decrease
sediment, pollutant, and nutrient transport;
reduce hydrologic impacts to surface waters;
and increase infiltration for groundwater
recharge. Up to $507,000 is for deposit in a
monitoring and enforcement account.
new text end

new text begin (g) $5,000,000 the first year and $5,000,000
the second year are for permanent
conservation easements on wellhead protection
areas under Minnesota Statutes, section
103F.515, subdivision 2, paragraph (d), or for
grants to local units of government for fee title
acquisition to permanently protect
groundwater supply sources on wellhead
protection areas. 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,
where drinking water protection plans have
identified specific activities that will achieve
long-term protection, and on lands with
expiring Conservation Reserve Program
contracts. Up to $182,000 is for deposit in a
monitoring and enforcement account.
new text end

new text begin (h) $100,000 the first year and $100,000 the
second year are for a technical evaluation
panel to conduct at least ten restoration
evaluations under Minnesota Statutes, section
114D.50, subdivision 6.
new text end

new text begin (i) $2,270,000 the first year and $2,270,000
the second year are for assistance, oversight,
and grants to local governments to transition
local water management plans to a watershed
approach as provided for in Minnesota
Statutes, chapters 103B, 103C, 103D, and
114D.
new text end

new text begin (j) $7,500,000 the second year is to purchase
and restore permanent conservation sites via
easements or contracts to treat and store water
on the land for water quality improvement
purposes and related technical assistance. This
work may be done in cooperation with the
United States Department of Agriculture with
a first-priority use to accomplish a
conservation reserve enhancement program,
or equivalent, in the state. Up to $397,000 is
for deposit in a monitoring and enforcement
account.
new text end

new text begin (k) $1,750,000 the first year and $1,750,000
the second year are to purchase permanent
conservation easements to protect lands
adjacent to public waters with good water
quality but threatened with degradation. Up
to $338,000 is for deposit in a monitoring and
enforcement account.
new text end

new text begin (l) $213,000 the first year and $213,000 the
second year are for a program including grants
and contracts to systematically collect data
and produce county, watershed, and statewide
estimates of soil erosion caused by water and
wind along with tracking adoption of
conservation measures, including cover crops,
to address erosion. Up to $175,000 each year
is available for grants to or contracts with the
University of Minnesota to complete this
work.
new text end

new text begin (m) $1,000,000 the first year and $1,000,000
the second year are for grants or contracts to
local, regional, or tribal government and
nongovernmental organizations to increase
citizen participation in implementing water
quality projects and programs to increase
long-term sustainability of water resources.
new text end

new text begin (n) $500,000 the first year is for grants to
enhance landowner adoption of cover crops
in areas with direct benefits to public water
supplies.
new text end

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

new text begin (p) The board may shift grant, cost-share, or
easement 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 drinking water
needs.
new text end

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

new text begin (r) The appropriations in this section are
available until June 30, 2024, except grant
funds are available for five years after the date
a grant is executed. Returned grant funds must
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 8,822,000 new text end

new text begin $ new text end

new text begin 12,764,000 new text end

new text begin (a) $3,300,000 the first year and $7,242,000
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;
for developing and adopting at least eight
health risk limits consistent with Minnesota
Statutes, section 144.0751; for improving the
department's capacity to monitor the water
quality of drinking water sources, including
establishing and implementing water quality
monitoring protocols for surface waters used
as a drinking water source; to develop
interventions to improve water quality; and
for the department's laboratory to analyze
unregulated contaminants. By January 15,
2020, the commissioner of health must submit
a preliminary report to the chairs and ranking
minority members of the house of
representatives and senate committees and
divisions with jurisdiction over health policy
and environment and natural resources finance
and policy that identifies the health risk limits
to be developed, the water quality monitoring
protocols to be implemented, the surface
waters to be tested, and the list of
contaminants to be tested for. A final report
detailing the outcomes of this appropriation
and recommendations must be submitted by
the commissioner to the chairs and ranking
minority members by January 15, 2022.
new text end

new text begin (b) $2,747,000 the first year and $2,747,000
the second year are for protecting 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

new text begin (d) $650,000 the first year and $650,000 the
second year are to develop and deliver
groundwater restoration and protection
strategies on a watershed scale for use in local
comprehensive water planning efforts, to
provide resources to local governments for
activities that protect sources of drinking
water, and to enhance approaches that improve
the capacity of local governmental units to
protect and restore groundwater resources.
new text end

new text begin (e) $1,000,000 the first year and $1,000,000
the second year are for studying the occurrence
and magnitude of contaminants in private
wells, including microplastics and
nanoplastics, and developing guidance,
outreach, and interventions to reduce risks to
private-well owners.
new text end

new text begin (f) $250,000 the first year and $250,000 the
second year are for evaluating and addressing
the risks from viruses, bacteria, and protozoa
in groundwater supplies and for evaluating
land uses that may contribute to contamination
of public water systems with these pathogens.
new text end

new text begin (g) $350,000 the first year and $350,000 the
second year are to develop public health
policies and an action plan to address threats
to safe drinking water, including development
of a statewide plan for protecting drinking
water.
new text end

new text begin (h) $275,000 the first year and $275,000 the
second year are to create a road map for water
reuse implementation in Minnesota and to
address research gaps by studying Minnesota
water reuse systems.
new text end

new text begin (i) Unless otherwise specified, the
appropriations in this section are available
until June 30, 2023.
new text end

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

new text begin $ new text end

new text begin 2,890,000 new text end

new text begin $ new text end

new text begin 1,500,000 new text end

new text begin (a) $1,000,000 the first year and $1,000,000
the second year are to implement projects that
address emerging threats to the drinking water
supply, provide cost-effective regional
solutions, leverage interjurisdictional
coordination, support local implementation of
water supply reliability projects, and prevent
degradation of groundwater resources in the
metropolitan area. These projects will provide
communities with:
new text end

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

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

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

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

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

new text begin (b) $500,000 the first year and $500,000 the
second year are for the water demand
reduction grant program to encourage
municipalities in the metropolitan area to
implement measures to reduce water demand
to ensure the reliability and protection of
drinking water supplies.
new text end

new text begin (c) $1,390,000 the first year is 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.
new text end

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

new text begin $ new text end

new text begin 1,500,000 new text end

new text begin $ new text end

new text begin 1,500,000 new text end

new text begin (a) $500,000 the first year and $500,000 the
second year are for developing county
geologic atlases. This appropriation is
available until June 30, 2026.
new text end

new text begin (b) $750,000 the first year and $750,000 the
second year are for a program to evaluate
performance and technology transfer for
municipal storm water best management
practices, to evaluate best management
performance and effectiveness to support
meeting total maximum daily loads, to develop
standards and incorporate state-of-the-art
guidance using minimal impact design
standards as the model, and to implement a
system to transfer knowledge and technology
across local government, industry, and
regulatory sectors. This appropriation is
available until June 30, 2026.
new text end

new text begin (c) $250,000 the first year and $250,000 the
second year are to increase the efficacy and
cost-effectiveness of nutrient reduction
strategies by developing comprehensive carp
management programs and documenting their
effectiveness.
new text end

Sec. 11. new text begin LEGISLATURE new text end

new text begin $ new text end

new text begin 9,000 new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $9,000 the first year is for the Legislative
Coordinating Commission for the website
required under Minnesota Statutes, section
3.303, subdivision 10.
new text end

Sec. 12.

Minnesota Statutes 2018, section 114D.30, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Legislative oversight. new text end

new text begin The chairs of the house of representatives and senate
committees and divisions with jurisdiction over the environment and natural resources
finance and the clean water fund must convene a joint hearing to review the activities and
evaluate the effectiveness of the Clean Water Council and to receive reports on the council
from the legislative auditor no later than June 30, 2020, and every four years thereafter.
new text end

ARTICLE 2

CLEAN WATER LEGACY ACT MODIFICATIONS

Section 1.

Minnesota Statutes 2018, section 103B.3369, subdivision 5, is amended to read:

Subd. 5.

Financial assistance.

deleted text begin A base grant may be awarded to a county that provides
a match utilizing a water implementation tax or other local source. A water implementation
tax that a county intends to use as a match to the base grant must be levied at a rate sufficient
to generate a minimum amount determined by the board. deleted text end The board may award
performance-based new text begin , watershed-based, or program-based new text end grants new text begin or other financial assistance
new text end to local units of government that are responsible for implementing elements of applicable
portions of watershed management plans, comprehensive plans, local water management
plans, or comprehensive watershed management plans, developed or amended, adopted and
approved, according to chapter 103B, 103C, or 103D. Upon request by a local government
unit, the board may also award performance-based grants to local units of government to
carry out TMDL implementation plans as provided in chapter 114D, if the TMDL
implementation plan has been incorporated into the local water management plan according
to the procedures for approving comprehensive plans, watershed management plans, local
water management plans, or comprehensive watershed management plans under chapter
103B, 103C, or 103D, or if the TMDL implementation plan has undergone a public review
process. Notwithstanding section 16A.41, the board may award performance-based new text begin ,
watershed-based, or program-based new text end grants new text begin or other financial assistance new text end on an advanced
basis new text begin and may prescribe the amount of local match required new text end . deleted text begin The fee authorized in section
40A.152 may be used as a local match or as a supplement to state funding to accomplish
implementation of comprehensive plans, watershed management plans, local water
management plans, or comprehensive watershed management plans under this chapter and
chapter 103C or 103D deleted text end new text begin Performance measures must be included in grant work plans. The
board may enter into intergovernmental agreements to provide funding for water management
to local governments new text end .

Sec. 2.

Minnesota Statutes 2018, section 103B.3369, subdivision 9, is amended to read:

Subd. 9.

deleted text begin Performance-based deleted text end Criteria.

new text begin (a) new text end The board deleted text begin shall deleted text end new text begin must new text end develop and deleted text begin utilize deleted text end new text begin use new text end
performance-based criteria for local water resources restoration, protection, and management
programs and projects. The criteria may include but are not limited to science-based
assessments, organizational capacity, priority resource issues, community outreach and
support, partnership potential, potential for multiple benefits, and program and project
delivery efficiency and effectiveness.

new text begin (b) Notwithstanding paragraph (a), the board may develop and use eligibility criteria
for state grants or other financial assistance provided to local governments.
new text end

Sec. 3.

Minnesota Statutes 2018, section 103B.801, subdivision 2, is amended to read:

Subd. 2.

Program purposes.

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

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

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

(3) incorporate and make use of data and information, including watershed restoration
and protection strategies under section 114D.26 new text begin , which may serve to fulfill all or some of
the requirements under chapter 114D new text end ;

(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;

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

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

new text begin (7) protect sensitive groundwater areas as defined in section 103F.511, subdivision 9,
and be considered and acknowledged by the commissioner of health as providing wellhead
protection measures and supporting wellhead protection planning where relevant.
new text end

Sec. 4.

Minnesota Statutes 2018, section 103B.801, subdivision 4, is amended to read:

Subd. 4.

Plan content.

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

(1) an analysis and prioritization of issues and resource concerns;

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

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

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

(iii) restoration, protection, and improvement of surface water and groundwater quality;

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

(v) identification of priority areas for wetland enhancement, restoration, and
establishment;

(vi) identification of priority areas for riparian zone management and buffers;

(vii) prevention of erosion and soil transport into surface water systems;

(viii) promotion of groundwater recharge;

(ix) protection and enhancement of fish and wildlife habitat and water recreational
facilities; and

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

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

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

(5) a land and water resource inventory.

Sec. 5.

Minnesota Statutes 2018, section 103B.801, subdivision 5, is amended to read:

Subd. 5.

Timelines; administration.

(a) The board shall develop and adopt, by June
30, 2016, a transition plan for development, approval, adoption, and coordination of plans
consistent with section 103A.212. The transition plan must include a goal of completing
statewide transition to comprehensive watershed management plans by 2025. The
metropolitan area may be considered for inclusion in the transition plan. new text begin The board may
amend the transition plan no more than once every two years.
new text end

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

Sec. 6.

Minnesota Statutes 2018, section 114D.15, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Comprehensive local water management plan. new text end

new text begin "Comprehensive local water
management plan" has the meaning given under section 103B.3363, subdivision 3.
new text end

Sec. 7.

Minnesota Statutes 2018, section 114D.15, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Comprehensive watershed management plan. new text end

new text begin "Comprehensive watershed
management plan" has the meaning given under section 103B.3363, subdivision 3a.
new text end

Sec. 8.

Minnesota Statutes 2018, section 114D.15, subdivision 7, is amended to read:

Subd. 7.

Restoration.

"Restoration" means actions deleted text begin , including effectiveness monitoring,
that are deleted text end taken to new text begin pursue, new text end achieve new text begin , new text end and maintain water quality standards for impaired waters
deleted text begin in accordance with a TMDL that has been approved by the United States Environmental
Protection Agency under federal TMDL requirements deleted text end .

Sec. 9.

Minnesota Statutes 2018, section 114D.15, subdivision 11, is amended to read:

Subd. 11.

TMDL implementation plan.

"TMDL implementation plan" means a
document detailing restoration new text begin strategies or new text end activities needed to meet deleted text begin the deleted text end approved deleted text begin TMDL's deleted text end new text begin
TMDL new text end pollutant load allocations for point and nonpoint sources. new text begin This could include a
WRAPS, a comprehensive watershed management plan, a comprehensive local water
management plan, or another document or strategy that the commissioner of the Pollution
Control Agency determines to be, in whole or in part, sufficient to provide reasonable
assurance of achieving applicable water quality standards.
new text end

Sec. 10.

Minnesota Statutes 2018, section 114D.15, subdivision 13, is amended to read:

Subd. 13.

Watershed restoration and protection strategy or WRAPS.

"Watershed
restoration and protection strategy" or "WRAPS" means a document summarizing scientific
studies of a major watershed deleted text begin no larger than deleted text end new text begin at approximately new text end a hydrologic unit code 8
deleted text begin including the physical, chemical, and biological assessment of the water quality of the
watershed; identification of impairments and water bodies in need of protection; identification
of biotic stressors and sources of pollution, both point and nonpoint; TMDLs for the
impairments; and an implementation table containing deleted text end new text begin scale with new text end strategies deleted text begin and actions deleted text end
designed to achieve and maintain water quality standards and goals.

Sec. 11.

Minnesota Statutes 2018, 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 deleted text begin within
ten years after May 23, 2006, deleted text end and deleted text begin thereafter deleted text end to ensure continuing evaluation of surface
waters for impairments;

(2) to submit TMDLs to the United States Environmental Protection Agency deleted text begin for all
impaired waters deleted text end in a timely manner in accordance with federal TMDL requirements;

(3) to deleted text begin set a reasonable time deleted text end new text begin inform and support strategies new text end for implementing restoration
deleted text begin of each identified impaired water deleted text end new text begin and protection activities in a reasonable time period new text end ;

(4) new text begin to systematically evaluate waters, new text end to provide assistance and incentives to prevent
waters from becoming impaired new text begin , new text end and to improve the quality of waters that are listed as
impaired deleted text begin but do not have an approved TMDL addressing the impairment deleted text end ;

(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;

(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;

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

(8) to support effective measures to restore degraded groundwater.

Sec. 12.

Minnesota Statutes 2018, 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 deleted text begin and deleted text end new text begin , multiple pollutant, or new text end watershed TMDLs deleted text begin and TMDL
implementation plans, and TMDLs and TMDL implementation plans for multiple pollutants deleted text end new text begin
or WRAPSs new text end , where reasonable and feasible;

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

(3) maximize opportunities for restoration of degraded groundwater and 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 point and nonpoint
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 surface 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;

(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; and

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

Sec. 13.

Minnesota Statutes 2018, section 114D.20, subdivision 5, is amended to read:

Subd. 5.

Priorities for new text begin scheduling and new text end preparing new text begin WRAPSs and new text end TMDLs.

new text begin The
commissioner of the Pollution Control Agency must seek recommendations from new text end the Clean
Water Council deleted text begin shall recommend deleted text end new text begin , the commissioners of natural resources, health, and
agriculture, and the Board of Water and Soil Resources regarding new text end priorities for scheduling
and preparing new text begin WRAPSs and new text end TMDLs deleted text begin and TMDL implementation plans, taking into account
the severity deleted text end new text begin . Recommendations must consider the causes new text end of deleted text begin the impairment deleted text end new text begin impairments new text end ,
the designated uses of deleted text begin those deleted text end new text begin the new text end waters, deleted text begin and other deleted text end applicable federal TMDL requirements deleted text begin .
In recommending priorities, the council shall also give consideration to deleted text end new text begin , surface water and
groundwater interactions, protection of high-quality waters, new text end waters and watersheds new text begin with
declining water quality trends, and waters used as drinking water sources. Furthermore,
consideration must be given to waters and watersheds new text end :

(1) deleted text begin with impairments deleted text end that deleted text begin pose deleted text end new text begin have new text end the greatest potential risk to human health;

(2) deleted text begin with impairments deleted text end that deleted text begin pose deleted text end new text begin have new text end the greatest potential risk to threatened or endangered
species;

(3) deleted text begin with impairments deleted text end that deleted text begin pose deleted text end new text begin have new text end the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals, especially
local, deleted text begin basinwide deleted text end new text begin basin-wide new text end , watershed, or regional agencies or organizations, have
demonstrated readiness to assist in carrying out the responsibilities, including availability
and organization of human, technical, and financial resources necessary to undertake the
work; and

(5) where there is demonstrated coordination and cooperation among cities, counties,
watershed districts, and soil and water conservation districts in planning and implementation
of activities that will assist in carrying out the responsibilities.

Sec. 14.

Minnesota Statutes 2018, 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 groundwater and surface waters from becoming
degraded or impaired and to improve the quality of surface waters that are listed as impaired
deleted text begin but do not have an approved TMDL deleted text end .

Sec. 15.

Minnesota Statutes 2018, section 114D.20, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Alternatives; TMDL, TMDL implementation plan, or WRAPS. new text end

new text begin (a) If the
commissioner of the Pollution Control Agency determines that a comprehensive watershed
management plan or comprehensive local water management plan contains information that
is sufficient and consistent with guidance from the United States Environmental Protection
Agency under section 303(d) of the federal Clean Water Act, the commissioner may submit
the plan to the Environmental Protection Agency according to federal TMDL requirements
as an alternative to developing a TMDL after consultation with affected national pollutant
discharge elimination system (NPDES) permit holders.
new text end

new text begin (b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for
waters or watersheds when the commissioner of the Pollution Control Agency determines
that a comprehensive watershed management plan, a comprehensive local water management
plan, or a statewide or regional strategy published by the Pollution Control Agency meets
the definition in section 114D.15, subdivision 11 or 13.
new text end

new text begin (c) The commissioner of the Pollution Control Agency may request that the Board of
Water and Soil Resources conduct an evaluation of the implementation efforts under a
comprehensive watershed management plan or comprehensive local water management
plan when the commissioner makes a determination under paragraph (b). The board must
conduct the evaluation in accordance with section 103B.102.
new text end

new text begin (d) The commissioner of the Pollution Control Agency may amend or revoke a
determination made under paragraph (a) or (b) after considering the evaluation conducted
under paragraph (c).
new text end

Sec. 16.

Minnesota Statutes 2018, section 114D.20, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Coordinating municipal and local water quality activities. new text end

new text begin A project, practice,
or program for water quality improvement or protection that is conducted by a watershed
management organization or a local government unit with a comprehensive watershed
management plan or other water management plan approved according to chapter 103B,
103C, or 103D may be considered by the commissioner of the Pollution Control Agency
as contributing to the requirements of a storm water pollution prevention program (SWPPP)
for a municipal separate storm sewer systems (MS4) permit unless the project, practice, or
program was previously documented as contributing to a different SWPPP for an MS4
permit. The commissioner of health may determine that a comprehensive watershed
management plan or a comprehensive local water management plan, in whole or in part, is
sufficient to fulfill the requirements of wellhead protection plans.
new text end

Sec. 17.

Minnesota Statutes 2018, section 114D.26, is amended to read:

114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.

Subdivision 1.

Contents.

new text begin (a) new text end The new text begin commissioner of the new text end Pollution Control Agency shall
develop watershed restoration and protection strategies deleted text begin . To ensure effectiveness and
accountability in meeting the goals of this chapter, deleted text end new text begin for the purposes of:
new text end

new text begin (1) summarizing the physical, chemical, and biological assessment of the water quality
of the watershed;
new text end

new text begin (2) quantifying impairments and risks to water quality;
new text end

new text begin (3) describing the causes of impairments and pollution sources;
new text end

new text begin (4) consolidating TMDLs in a major watershed; and
new text end

new text begin (5) informing comprehensive local water management plans and comprehensive
watershed management plans.
new text end

new text begin (b) new text end Each WRAPS deleted text begin shall deleted text end new text begin must new text end :

(1) identify impaired waters and waters in need of protection;

(2) identify biotic stressors causing impairments or threats to water quality;

(3) summarize new text begin TMDLs, new text end watershed modeling outputs new text begin , new text end and resulting pollution load
allocations deleted text begin , wasteload allocations, deleted text end and deleted text begin priority areas for targeting actions to improve water
quality deleted text end new text begin identify areas with high pollutant-loading rates new text end ;

deleted text begin (4) identify point sources of pollution for which a national pollutant discharge elimination
system permit is required under section 115.03;
deleted text end

deleted text begin (5) identify nonpoint sources of pollution for which a national pollutant discharge
elimination system permit is not required under section 115.03, with sufficient specificity
to prioritize and geographically locate watershed restoration and protection actions;
deleted text end

deleted text begin (6) describe the current pollution loading and load reduction needed for each source or
source category to meet water quality standards and goals, including wasteload and load
allocations from TMDLs;
deleted text end

deleted text begin (7) contain a plan for ongoing deleted text end new text begin (4) in consultation with local governments and other state
agencies, identify new text end water quality monitoring new text begin needed new text end to fill data gaps, determine changing
conditions, deleted text begin and deleted text end new text begin or new text end gauge implementation effectiveness; and

deleted text begin (8) deleted text end new text begin (5) new text end contain deleted text begin an implementation table of deleted text end strategies deleted text begin and actions deleted text end that are capable of
cumulatively achieving needed pollution load reductions for point and nonpoint sources,
including new text begin identifying new text end :

(i) water quality parameters of concern;

(ii) current water quality conditions;

(iii) water quality goals new text begin , strategies, new text end and targets by parameter of concern; new text begin and
new text end

(iv) strategies deleted text begin and actions by parameter of concern deleted text end and new text begin an example of new text end the scale of
adoptions deleted text begin needed for each; deleted text end new text begin with a timeline to meet the water quality restoration or protection
goals of this chapter.
new text end

deleted text begin (v) a timeline for achievement of water quality targets;
deleted text end

deleted text begin (vi) the governmental units with primary responsibility for implementing each watershed
restoration or protection strategy; and
deleted text end

deleted text begin (vii) a timeline and interim milestones for achievement of watershed restoration or
protection implementation actions within ten years of strategy adoption.
deleted text end

new text begin Subd. 1a. new text end

new text begin Coordination. new text end

new text begin To ensure effectiveness, efficiency, and accountability in
meeting the goals of this chapter, the commissioner of the Pollution Control Agency, in
consultation with the Board of Water and Soil Resources and local government units, must
coordinate the schedule, budget, scope, and use of a WRAPS and related documents and
processes.
new text end

Subd. 2.

Reporting.

Beginning July 1, 2016, and every other year thereafter, new text begin the
commissioner of new text end the Pollution Control Agency must report on deleted text begin its deleted text end new text begin the agency's new text end website the
progress toward implementation milestones and water quality goals deleted text begin for all adopted TMDLs
and, where available, WRAPSs deleted text end .

Subd. 3.

Timelines; administration.

deleted text begin Each year, deleted text end new text begin (a) The commissioner of new text end the Pollution
Control Agency must complete deleted text begin WRAPSs for at least ten percent of deleted text end new text begin watershed restoration
and protection strategies for new text end the state's major watersheds deleted text begin . WRAPS shall be deleted text end new text begin by June 30,
2023, unless the commissioner determines that a comprehensive watershed management
plan or comprehensive local water management plan, in whole or in part, meets the definition
in section 114D.15, subdivision 11 or 13. As needed, the commissioner must update the
strategies, in whole or in part, after consulting with the Board of Water and Soil Resources
and local government units.
new text end

new text begin (b) Watershed restoration and protection strategies are new text end governed by the procedures for
approval and notice in section 114D.25, subdivisions 2 and 4, except that deleted text begin WRAPS deleted text end new text begin the
strategies new text end need not be submitted to the United States Environmental Protection Agency.

Sec. 18.

Minnesota Statutes 2018, section 114D.35, subdivision 1, is amended to read:

Subdivision 1.

Public and stakeholder participation.

new text begin (a) new text end Public agencies and private
entities involved in deleted text begin the implementation of deleted text end new text begin implementing new text end this chapter deleted text begin shall deleted text end new text begin must new text end encourage
participation by the public and stakeholders, including local citizens, landowners deleted text begin and deleted text end new text begin , land new text end
managers, and public and private organizations deleted text begin , in identifying impaired waters, in developing
TMDLs, in planning, priority setting, and implementing restoration of impaired waters, in
identifying degraded groundwater, and in protecting and restoring groundwater resources deleted text end .

new text begin (b) new text end In particular, the new text begin commissioner of the new text end Pollution Control Agency deleted text begin shall deleted text end new text begin must new text end make
reasonable efforts to provide timely information to the public and to stakeholders about
impaired waters that have been identified by the agency deleted text begin . 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 deleted text end new text begin and
to inform and consult with the public and stakeholders in developing a WRAPS or TMDL new text end .

new text begin (c) Public agencies and private entities using public funds that are involved in
implementing restoration and protection identified in a comprehensive watershed
management plan or comprehensive local water management plan must make efforts to
inform, consult, and involve the public and stakeholders.
new text end

new text begin (d) The commissioner of the Pollution Control Agency and the Board of Water and Soil
Resources must coordinate public and stakeholder participation in consultation with local
government units. To the extent practicable, implementation of this chapter must be
accomplished in cooperation with local, state, federal, and tribal governments and
private-sector organizations.
new text end

Sec. 19.

Minnesota Statutes 2018, section 114D.35, subdivision 3, is amended to read:

Subd. 3.

Education.

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

Sec. 20.

new text begin [114D.47] NONPOINT FUNDING ALTERNATIVE.
new text end

new text begin Notwithstanding section 114D.50, subdivision 3a, the Board of Water and Soil Resources
may, by board order, establish alternative timelines or content for the priority funding plan
for nonpoint sources under section 114D.50, subdivision 3a, and may use information from
comprehensive watershed management plans or comprehensive local water management
plans to estimate or summarize costs.
new text end