HF 613

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 02/22/2013 02:32pm

A bill for an act
relating to waters; modifying authority of Board of Water and Soil Resources;
modifying local levy authority; modifying disposition of certain funds;
modifying soil loss ordinance provisions; amending Minnesota Statutes 2012,
sections 103B.101, by adding a subdivision; 103B.102, subdivision 3; 103B.335;
103B.3369, subdivision 5; 103C.501, subdivision 4; 103F.405, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 103B.101, is amended by adding a
subdivision to read:

new text begin Subd. 16. new text end

new text begin Water quality practices; standardized specifications. new text end

new text begin The
board shall work with state and federal agencies, academic institutions, local
governments, practitioners, and stakeholders to foster mutual understanding and provide
recommendations for standardized specifications for water quality and soil conservation
protection and improvement practices and projects. The board may convene working
groups or work teams to develop information, education, and recommendations.
new text end

Sec. 2.

Minnesota Statutes 2012, section 103B.102, subdivision 3, is amended to read:

Subd. 3.

Evaluation and report.

The Board of Water and Soil Resources shall
evaluate performance, financial, and activity information for each local water management
entity. The board shall evaluate the entities' progress in accomplishing their adopted plans
on a regular basis new text begin as determined by the board based on budget and operations of the local
water management entity new text end , but not less than once every deleted text begin five deleted text end new text begin ten new text end years. The board shall
maintain a summary of local water management entity performance on the board's Web site.
Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
of local water management entity performance to the chairs of the house of representatives
and senate committees having jurisdiction over environment and natural resources policy.

Sec. 3.

Minnesota Statutes 2012, section 103B.335, is amended to read:

103B.335 TAX LEVY AUTHORITY.

Subdivision 1.

Local water planning and management.

The governing body of
any county, municipality, or township may levy a tax in an amount required to implement
sections 103B.301 to 103B.355 new text begin or a comprehensive watershed management plan as
defined in section 103B.3363 new text end .

Subd. 2.

Priority programs; conservation and watershed districts.

A county
may levy amounts necessary to pay the reasonable deleted text begin increased deleted text end costs to soil and water
conservation districts and watershed districts of administering and implementing priority
programs identified in an approved and adopted plan new text begin or a comprehensive watershed
management plan as defined in section 103B.3363 new text end .

Sec. 4.

Minnesota Statutes 2012, section 103B.3369, subdivision 5, is amended to read:

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 new text begin sufficient to generate a minimum amount new text end determined by the board.
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, 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 grants on an
advanced basis. new 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 chapter 103B, 103C, or 103D.
new text end

Sec. 5.

Minnesota Statutes 2012, section 103C.501, subdivision 4, is amended to read:

Subd. 4.

Cost-sharing funds.

(a) The state board shall allocate deleted text begin at least 70 percent
of deleted text end cost-sharing funds to areas with high priority erosion, sedimentation, or water quality
problems or water quantity problems due to altered hydrology. The areas must be selected
based on deleted text begin the statewide deleted text end priorities established by the state board.

new text begin (b) new text end The allocated funds must be used for conservation practices for high priority
problems identified in the comprehensive and annual work plans of the districts new text begin , for
the technical assistance portion of the grant funds to leverage federal or other nonstate
funds, or to address high-priority needs identified in local water management plans or
comprehensive watershed management plans new text end .

deleted text begin (b) The remaining cost-sharing funds may be allocated to districts as follows:
deleted text end

deleted text begin (1) for technical and administrative assistance, not more than 20 percent of the
funds; and
deleted text end

deleted text begin (2) for conservation practices for lower priority erosion, sedimentation, or water
quality problems.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 103F.405, subdivision 1, is amended to read:

Subdivision 1.

Authority.

Each statutory or home rule charter city, town, or
county that has planning and zoning authority under sections 366.10 to 366.19, 394.21
to 394.37, or 462.351 to 462.365 is encouraged to adopt a soil loss ordinance. The soil
loss ordinance must use the soil loss tolerance for each soil series described in the United
States deleted text begin Soil deleted text end new text begin Natural Resources new text end Conservation Service Field Office Technical Guide new text begin , or
another method approved by the Board of Water and Soil Resources, new text end to determine the
soil loss limits, but the soil loss limits must be attainable by the best practicable soil
conservation practice. Ordinances adopted by local governments deleted text begin within the metropolitan
area defined in section 473.121 deleted text end must be consistent with deleted text begin local water management plans
adopted under section 103B.235 deleted text end new text begin a comprehensive plan, local water management plan, or
watershed management plan developed or amended, adopted and approved, according
to chapter 103B, 103C, or 103D new text end .