HF 3633

as introduced - 86th Legislature (2009 - 2010) Posted on 03/10/2010 03:59pm

A bill for an act
relating to environment; modifying appropriation to prevent water pollution from
polycyclic aromatic hydrocarbons; amending Laws 2009, chapter 172, article
2, section 4.

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

Section 1.

Laws 2009, chapter 172, article 2, section 4, is amended to read:

Sec. 4. POLLUTION CONTROL AGENCY

$

24,076,000

$

27,285,000

(a) $9,000,000 the first year and $9,000,000
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
TMDLs each year over the biennium. Of
this amount, $348,000 the first year is to
retest the comprehensive assessment of the
biological conditions of the lower Minnesota
River and its tributaries within the Lower
Minnesota River Major Watershed, as
previously assessed from 1976 to 1992 under
the Minnesota River Assessment Project
(MRAP). The assessment must include the
same fish species sampling at the same 116
locations and the same macroinvertebrate
sampling at the same 41 locations as the
MRAP assessment. The assessment must:

(1) include an analysis of the findings; and

(2) identify factors that limit aquatic life in
the Minnesota River.

Of this amount, $250,000 the first year is
for a pilot project for the development of
total maximum daily load (TMDL) studies
conducted on a watershed basis within
the Buffalo River watershed in order to
protect, enhance, and restore water quality
in lakes, rivers, and streams. The pilot
project shall include all necessary field
work to develop TMDL studies for all
impaired subwatersheds within the Buffalo
River watershed and provide information
necessary to complete reports for most of the
remaining watersheds, including analysis of
water quality data, identification of sources
of water quality degradation and stressors,
load allocation development, development
of reports that provide protection plans
for subwatersheds that meet water quality
standards, and development of reports that
provide information necessary to complete
TMDL studies for subwatersheds that do not
meet water quality standards, but are not
listed as impaired.

(b) $500,000 the first year is for development
of an enhanced TMDL database to manage
and track progress. Of this amount, $63,000
the first year is to promulgate rules. By
November 1, 2010, 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.

(c) $1,500,000 the first year and $3,169,000
the second year are for grants under
Minnesota Statutes, section 116.195, to
political subdivisions for up to 50 percent
of the costs to predesign, design, and
implement capital projects that use treated
municipal wastewater instead of groundwater
from drinking water aquifers, in order to
demonstrate the beneficial use of wastewater,
including the conservation and protection of
water resources. Of this amount, $1,000,000
the first year is for grants to ethanol plants
that are within one and one-half miles of a
city for improvements that reuse greater than
300,000 gallons of wastewater per day.

(d) $1,125,000 the first year and $1,125,000
the second year are for groundwater
assessment and drinking water protection to
include:

(1) the installation and sampling of at least
30 new monitoring wells;

(2) the analysis of samples from at least 40
shallow monitoring wells each year for the
presence of endocrine disrupting compounds;
and

(3) the completion of at least four to
five groundwater models for TMDL and
watershed plans.

(e) $2,500,000 the first year is for the clean
water partnership program. 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.

(f) $896,000 the first year is to establish
a network of water monitoring sites, to
include at least 20 additional sites, in public
waters adjacent to wastewater treatment
facilities across the state to assess levels of
endocrine-disrupting compounds, antibiotic
compounds, and pharmaceuticals as required
in this article. The data must be placed on
the agency's Web site.

(g) $155,000 the first year is to provide
notification of the potential for coal tar
contamination, establish a storm water
pond inventory schedule, and develop best
management practices for treating and
cleaning up contaminated sediments as
required in this article. $345,000 the second
year is to develop a model ordinance for the
restricted use of undiluted coal tar sealants
and to provide grants to local units of
government for up to 50 percent of the costs
to implement best management practices to
treat or clean up contaminated sediments
in storm water ponds and other waters as
defined under this article. new text begin Up to $145,000
of the appropriation in the second year may
be used to complete work required under
section 28, paragraph (c). new text end Local governments
must have adopted an ordinance for the
restricted use of undiluted coal tar sealants
in order to be eligible for a grant, unless a
statewide restriction has been implemented.
A grant awarded under this paragraph must
not exceed $100,000.

(h) $350,000 the first year and $400,000
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.

(i) $150,000 the first year and $196,000 the
second year are for grants to the Red River
Watershed Management Board to enhance
and expand existing river watch activities in
the Red River of the North. The Red River
Watershed Management Board shall provide
a report that includes formal evaluation
results from the river watch program to the
commissioners of education and the Pollution
Control Agency and to the legislative natural
resources finance and policy committees
and K-12 finance and policy committees by
February 15, 2011.

(j) $200,000 the first year and $300,000 the
second year are for coordination with the
state of Wisconsin and the National Park
Service on comprehensive water monitoring
and phosphorus reduction activities in the
Lake St. Croix portion of the St. Croix
River. The Pollution Control Agency
shall work with the St. Croix Basin Water
Resources Planning Team and the St. Croix
River Association in implementing the
water monitoring and phosphorus reduction
activities. This appropriation is available
to the extent matched by nonstate sources.
Money not matched by November 15, 2010,
cancels for this purpose and is available for
the purposes of paragraph (a).

(k) $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. Of this
amount, $175,000 the first year and $200,000
the second year are for monitoring and
analyzing endocrine disruptors in surface
waters.

(l) $100,000 the first year and $150,000
the second year are for civic engagement
in TMDL development. The agency shall
develop a plan for expenditures under
this paragraph. The agency shall give
consideration to civic engagement proposals
from basin or sub-basin organizations,
including the Mississippi Headwaters Board,
the Minnesota River Joint Powers Board,
Area II Minnesota River Basin Projects,
and the Red River Basin Commission.
By November 15, 2009, the plan shall be
submitted to the house and senate chairs
and ranking minority members of the
environmental finance divisions.

(m) $5,000,000 the second year is for
groundwater protection or prevention of
groundwater degradation activities. By
January 15, 2010, the commissioner, in
consultation with the commissioner of
natural resources, the Board of Water and
Soil Resources, and other agencies, shall
submit a report to the chairs of the house of
representatives and senate committees with
jurisdiction over the clean water fund on the
intended use of these funds. The legislature
must approve expenditure of these funds by
law.

(n) $100,000 the first year and $100,000 the
second year are for grants to the Star Lake
Board established under Minnesota Statutes,
section 103B.702. The appropriation is a
pilot program to focus on engaging citizen
participation and fostering local partnerships
by increasing citizen involvement in water
quality enhancement by designating star
lakes and rivers. The board shall include
information on the results of this pilot
program in its next biennial report under
Minnesota Statutes, section 103B.702. The
second year grants are available only if
the Board of Water and Soil Resources
determines that the money granted in the first
year furthered the water quality goals in the
star lakes program in Minnesota Statutes,
section 103B.701. * (The preceding
paragraph beginning "(n) $100,000 the
first year" was indicated as vetoed by the
governor.)

Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.