SF 106

Introduction - 94th Legislature (2025 - 2026)

Posted on 01/29/2025 11:33 a.m.

A bill for an act
relating to legacy; imposing additional requirements on recipients of certain
appropriations from the outdoor heritage fund or the clean water fund; amending
Minnesota Statutes 2024, sections 97A.056, subdivision 12; 114D.50, subdivision
4.

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

Section 1.

Minnesota Statutes 2024, section 97A.056, subdivision 12, is amended to read:

Subd. 12.

Accomplishment plans.

new text begin (a) new text end It is a condition of acceptance of money
appropriated from the outdoor heritage fund that the agency or entity using the appropriation
submits an accomplishment plan and periodic accomplishment reports to the Lessard-Sams
Outdoor Heritage Council in the form determined by the council. The accomplishment plan
must identify the project manager responsible for expending the appropriation and the final
product. The accomplishment plan must account for the use of the appropriation and
outcomes of the expenditure in measures of wetlands, prairies, forests, and fish, game, and
wildlife habitat restored, protected, and enhanced. The plan must include an evaluation of
results. If lands are acquired by fee with money from the outdoor heritage fund, the
accomplishment plan must include a hunting and fishing management plan for the lands
acquired by fee. No money appropriated from the outdoor heritage fund may be expended
unless the council has approved the pertinent accomplishment plan.

new text begin (b) If an appropriation from the outdoor heritage fund will result in or contribute to
restoration, enhancement, or other work on land, it is a condition of acceptance of the money
that the recipient include the following in the accomplishment plan:
new text end

new text begin (1) an assessment of the risk of damage to adjacent properties that the work may pose;
new text end

new text begin (2) an explanation of how the recipient will seek approval from adjacent property owners
if access to adjacent land is required to perform the work;
new text end

new text begin (3) the date, time, and location of a public meeting at which the recipient will explain
the project to and hear concerns from the affected community; and
new text end

new text begin (4) an explanation of how the recipient will ensure that adjacent property owners are
reimbursed for any damages caused by the work in an amount sufficient to fully restore the
damaged condition and from sources other than the outdoor heritage fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to appropriations
from the outdoor heritage fund on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2024, section 114D.50, subdivision 4, is amended to read:

Subd. 4.

Expenditures; accountability.

(a) A project receiving funding from the clean
water fund must meet or exceed the constitutional requirements to protect, enhance, and
restore water quality in lakes, rivers, and streams and to protect groundwater and drinking
water from degradation. Priority may be given to projects that meet more than one of these
requirements. A project receiving funding from the clean water fund shall include measurable
outcomes, as defined in section 3.303, subdivision 10; a plan for measuring and evaluating
the results; and an assessment of whether the funding celebrates cultural diversity or reaches
diverse communities in Minnesota, including reaching low- and moderate-income households.
A project must be consistent with current science and incorporate state-of-the-art technology. new text begin
If an appropriation from the clean water fund will result in or contribute to restoration,
enhancement, or other work on land, the project must also include:
new text end

new text begin (1) an assessment of the risk of damage to adjacent properties that the work may pose;
new text end

new text begin (2) an explanation of how the recipient will seek approval from adjacent property owners
if access to adjacent land is required to perform the work;
new text end

new text begin (3) the date, time, and location of a public meeting at which the recipient will explain
the project to and hear concerns from the affected community; and
new text end

new text begin (4) an explanation of how the recipient will ensure that adjacent property owners are
reimbursed for any damages caused by the work in an amount sufficient to fully restore the
damaged condition and from sources other than the outdoor heritage fund.
new text end

(b) Money from the clean water fund shall be expended to balance the benefits across
all regions and residents of the state.

(c) A state agency or other recipient of a direct appropriation from the clean water fund
must compile and submit all information for proposed and funded projects or programs,
including the proposed measurable outcomes and all other items required under section
3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable
or by January 15 of the applicable fiscal year, whichever comes first. The Legislative
Coordinating Commission must post submitted information on the website required under
section 3.303, subdivision 10, as soon as it becomes available. Information classified as not
public under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on
the website.

(d) Grants funded by the clean water fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(e) Money from the clean water fund may only be spent on projects that benefit Minnesota
waters.

(f) When practicable, a direct recipient of an appropriation from the clean water fund
shall prominently display on the recipient's website home page the legacy logo required
under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
361, article 3, section 5, accompanied by the phrase "Click here for more information."
When a person clicks on the legacy logo image, the website must direct the person to a web
page that includes both the contact information that a person may use to obtain additional
information, as well as a link to the Legislative Coordinating Commission website required
under section 3.303, subdivision 10.

(g) Future eligibility for money from the clean water fund is contingent upon a state
agency or other recipient satisfying all applicable requirements in this section, as well as
any additional requirements contained in applicable session law. If the Office of the
Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient
of money from the clean water fund has not complied with the laws, rules, or regulations
in this section or other laws applicable to the recipient, the recipient must be listed in an
annual report to the legislative committees with jurisdiction over the legacy funds. The list
must be publicly available. The legislative auditor shall remove a recipient from the list
upon determination that the recipient is in compliance. A recipient on the list is not eligible
for future funding from the clean water fund until the recipient demonstrates compliance
to the legislative auditor.

(h) Money from the clean water fund may be used to leverage federal funds through
execution of formal project partnership agreements with federal agencies consistent with
respective federal agency partnership agreement requirements.

(i) Any state agency or organization requesting a direct appropriation from the clean
water fund must inform the Clean Water Council and the house of representatives and senate
committees having jurisdiction over the clean water fund, at the time the request for funding
is made, whether the request is supplanting or is a substitution for any previous funding that
was not from a legacy fund and was used for the same purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to appropriations
from the clean water fund on or after that date.
new text end