Minnesota Legislature
HF 1596
as introduced - 87th Legislature (2011 - 2012) Posted on 03/13/2012 12:28pm
Bill Text Versions
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| Introduction | Posted on 04/27/2011 |
Current Version - as introduced
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A bill for an act
relating to natural resources; modifying local water management; amending
Minnesota Statutes 2010, sections 103B.101, by adding a subdivision; 103B.311,
subdivision 4; 103B.3369.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 103B.101, is amended by adding a
subdivision to read:
new text begin Subd. 14. new text end
new text begin Local water management coordination. new text end
new text begin
The Board of Water and Soil
Resources may adopt, by resolution, policies or orders that allow a comprehensive plan,
local water management plan, watershed management plan, or total maximum daily load
implementation plan developed or amended and adopted and approved according to this
chapter and chapters 103C, 103D, and 114D to serve as substitutes for one another. The
board shall, to the extent practical, incorporate a watershed approach when adopting the
resolutions. The board shall work with local government stakeholders to foster mutual
understanding and develop recommendations for local water management and related
state water management policy and programs. The board may convene informal working
groups or work teams to develop information, education, and recommendations.
new text end
Sec. 2.
Minnesota Statutes 2010, section 103B.311, subdivision 4, is amended to read:
Subd. 4.
Water plan requirements.
(a) A local water management plan must:
(1) cover the entire area within a county;
(2) address water problems in the context of watershed units and groundwater
systems;
(3) be based upon principles of sound hydrologic management of water, effective
environmental protection, and efficient management;
(4) be consistent with local water management plans prepared by counties and
watershed management organizations wholly or partially within a single watershed unit or
groundwater system; and
(5) the local water management plan must specify the period covered by the
local water management plan and must extend at least five years but no more than ten
years from the date the board approves the local water management plan. Local water
management plans that contain revision dates inconsistent with this section must comply
with that date, provided it is not more than ten years beyond the date of board approval.
deleted text begin A two-year extensiondeleted text end new text begin Extensions new text end of the revision date of a local water management plan
may be granted by the boarddeleted text begin , provided no projects are ordered or commenced during the
period of the extensiondeleted text end .
(b) Existing water and related land resources plans, including plans related to
agricultural land preservation programs developed pursuant to chapter 40A, must be
fully utilized in preparing the local water management plan. Duplication of the existing
plans is not required.
Sec. 3.
Minnesota Statutes 2010, section 103B.3369, is amended to read:
103B.3369 LOCAL WATER RESOURCES new text begin RESTORATION, new text end PROTECTIONnew text begin ,new text end
AND MANAGEMENT PROGRAM.
Subdivision 1.
Assistance priorities.
State agencies may give priority to local
requests that are part of or responsive to a comprehensive new text begin plan, new text end local water new text begin management
new text end plannew text begin , or watershed management plan developed or amended and adopted and approved
according to this chapter or chapter 103C or 103Dnew text end when administering programs for
water-related financial and technical assistance.
Subd. 2.
Establishment.
A local water resources new text begin restoration, new text end protectionnew text begin ,new text end and
management program is established. The board may provide financial assistance to local
units of government for activities that new text begin restore, new text end protectnew text begin ,new text end or manage water and related land
quality. The activities include planning, zoning, official controls, new text begin best management
practices, capital projects, new text end and other activities to implement new text begin a comprehensive plan, new text end local
water management deleted text begin plansdeleted text end new text begin plan, or watershed management plan developed or amended and
adopted and approved according to this chapter or chapter 103C or 103Dnew text end .
Subd. 4.
Contracts.
A local unit of government may contract to implement
programs. An explanation of the program responsibilities proposed to be contracted must
accompany grant requests. A local unit of government that contracts is responsible for
ensuring that state funds are properly expended and for providing an annual report to the
board describing expenditures of funds and program accomplishments.
Subd. 5.
Financial assistance.
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 determined by the board. deleted text begin The minimum amount of the water implementation tax
shall be a tax rate times the adjusted net tax capacity of the county for the preceding year.
The rate shall be the rate, rounded to the nearest .001 of a percent, that, when applied to
the adjusted net tax capacity for all counties, raises the amount of $1,500,000. The base
grant will be in an amount equal to $37,500 less the amount raised by the local match.
If the amount necessary to implement the local water plan for the county is less than
$37,500, the amount of the base grant shall be the amount that, when added to the match
amount, equals the amount required to implement the plan. For counties where the tax
rate generates an amount equal to or greater than $18,750, the base grant shall be in an
amount equal to $18,750.deleted text end new text begin The board may award performance-based grants to local units
of government that are responsible for implementing elements of applicable portions of
watershed management plans or local water management plans developed or amended and
adopted and approved according to this chapter or chapter 103C or 103D. The board may
award performance-based grants to local units of government to carry out total maximum
daily load (TMDL) implementation plans as defined in section 114D.15 if the board has
reviewed and approved the TMDL implementation plan, as requested by a local unit of
government, according to the procedures for approving comprehensive plans, watershed
management plans, or local water management plans in this chapter or chapter 103C
or 103D.
new text end
Subd. 6.
Limitations.
(a) Grants provided to implement programs under this
section must be reviewed by the state agency having statutory program authority to
assure compliance with minimum state standards. At the request of the state agency
commissioner, the board shall revoke the portion of a grant used to support a program
not in compliance.
(b) Grants provided to develop or revise local water management plans may not be
awarded for a time longer than two years.
(c) A local unit of government may not request or be awarded grants for project
implementation unless a new text begin comprehensive plan, new text end local new text begin water new text end management deleted text begin waterdeleted text end plan deleted text begin has
been adopteddeleted text end new text begin , or watershed management plan has been developed or amended and adopted
and approved according to this chapter or chapter 103C or 103Dnew text end .
new text begin Subd. 7. new text end
new text begin Performance criteria. new text end
new text begin
The board shall develop and utilize
performance-based criteria for local water resources restoration, protection, and
management programs and project grants. The criteria may include, but are not limited to,
science-based assessments, organizational capacity, priority resource issues, community
outreach and support, partnership potential, and program and project delivery efficiency
and effectiveness.
new text end