HF 518

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:25pm

A bill for an act
relating to waters; providing for watershed management; establishing program for
water quality and storage in Minnesota River basin; amending Minnesota Statutes
2020, section 103A.212; proposing coding for new law in Minnesota Statutes,
chapter 103F.

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

Section 1.

Minnesota Statutes 2020, section 103A.212, is amended to read:

103A.212 WATERSHED MANAGEMENT POLICY.

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

The quality of life of every Minnesotan depends on water.
Minnesota's rivers, lakes, streams, wetlands, and groundwater provide a foundation for
drinking water and the state's recreational, municipal, commercial, industrial, agricultural,
environmental, aesthetic, and economic well-being. The legislature finds that it is in the
public interest to manage groundwater and surface water resources from the perspective of
aquifers, watersheds, and river basins to achieve protection, preservation, enhancement,
and restoration of the state's valuable groundwater and surface water resources.

new text begin Subd. 2. new text end

new text begin Coordination and cooperation. new text end

new text begin In implementing the policy under this section,
state agencies and local and regional governments with authority over local water
management, conservation, land use, land management, and development plans must take
into consideration the manner in which their plans are consistent with the policy. To the
extent practicable, state agencies and local and regional governments must endeavor to enter
into formal and informal agreements and arrangements to jointly use staff and educational,
technical, and financial resources to deliver programs or conduct activities to achieve the
purposes of the policy.
new text end

Sec. 2.

new text begin [103F.05] MINNESOTA RIVER BASIN WATER QUALITY AND STORAGE
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section:
new text end

new text begin (1) "board" means the Board of Water and Soil Resources; and
new text end

new text begin (2) "local units of government" has the meaning given under section 103B.305,
subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The board may establish a program to provide financial
assistance to local units of government located in the Minnesota River basin to control water
volume and rates for the purpose of protecting infrastructure and improving water quality
and related public benefits.
new text end

new text begin Subd. 3. new text end

new text begin Financial assistance. new text end

new text begin (a) The board may provide financial assistance to local
units of government to cover the costs of water storage projects and other water quality
practices consistent with a plan approved according to chapter 103B, 103C, or 103D. Eligible
costs include costs for site acquisition, design, engineering, and construction. The board
may acquire conservation easements under sections 103F.501 to 103F.531 as necessary to
implement a project or practice under this section.
new text end

new text begin (b) The board must enter into agreements with local units of government receiving
financial assistance under this section. The agreements must specify the terms of state and
local cooperation, including the financial arrangement for constructing any structures and
assuring maintenance of the structures after completion.
new text end

new text begin (c) The board may adopt procedures based on section 103C.501 for cost-sharing contracts
needed to implement this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Local match. new text end

new text begin The board may require a local match and may adjust match
requirements if federal funds are available for the project.
new text end

new text begin Subd. 5. new text end

new text begin Technical assistance. new text end

new text begin (a) The board may employ or contract with an engineer
or hydrologist to work on the technical implementation of the program established under
this section.
new text end

new text begin (b) When implementing the program, the board must:
new text end

new text begin (1) assist local units of government in achieving the purposes of the program;
new text end

new text begin (2) review and analyze projects and project sites; and
new text end

new text begin (3) evaluate the effectiveness of completed projects constructed under the program.
new text end

new text begin (c) The board may enter into cooperative agreements with the commissioner of natural
resources, the Natural Resources Conservation Service of the United States Department of
Agriculture, and other agencies as needed to analyze hydrological and engineering
information on proposed sites.
new text end

new text begin Subd. 6. new text end

new text begin Requirements. new text end

new text begin (a) A local unit of government applying for financial assistance
under this section must provide a copy of a resolution or other documentation of the local
unit of government's support for the project. The documentation must include provisions
for local funding and management, the proposed method of obtaining necessary land rights
for the proposed project, and an assignment of responsibility for maintaining any structures
or practices upon completion of the project.
new text end

new text begin (b) A local unit of government, with the assistance of the board, must evaluate the
environmental and other benefits that are reasonably expected upon completing the proposed
project. The evaluation must be submitted to the board before the final design.
new text end

new text begin Subd. 7. new text end

new text begin Interstate cooperation. new text end

new text begin The board may enter into or approve working
agreements with neighboring states or their political subdivisions to accomplish projects
consistent with the program established in this section.
new text end

new text begin Subd. 8. new text end

new text begin Federal aid availability. new text end

new text begin The board must regularly complete an analysis of the
availability of federal funds and programs to supplement or complement state and local
efforts consistent with the purposes of this section.
new text end