as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am
A bill for an act
relating to the environment; proposing an amendment to the Minnesota
Constitution, article XI; creating the Clean Water Legacy Act; providing
authority, direction, and funding to achieve and maintain water quality standards
for Minnesota's surface waters in accordance with section 303(d) of the federal
Clean Water Act; modifying soil and water cost-share contract provisions;
extending citizen water monitoring; creating a municipal grant program;
appropriating money; amending Minnesota Statutes 2004, sections 103C.501,
subdivision 5; 115.06, subdivision 4; 116.182, subdivision 2; 276.04, subdivision
2; 276.112; 290A.03, subdivisions 11, 13; 297A.62, subdivision 1; 297A.94;
proposing coding for new law in Minnesota Statutes, chapter 446A; proposing
coding for new law as Minnesota Statutes, chapter 114D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2004, section 103C.501, subdivision 5, is amended to
read:
(a) A district board may contract on a cost-share
basis to furnish financial aid to a land occupier or to a state agency for permanent systems
for erosion or sedimentation control or water quality improvement that are consistent with
the district's comprehensive and annual work plans.
(b) The duration of the contract deleted text begin may deleted text end new text begin must, at a minimum,new text end be the time required to
complete the planned systems. A contract must specify that the land occupier is liable
for monetary damagesdeleted text begin , not to exceed the deleted text end new text begin and penalties in an new text end amount deleted text begin of deleted text end new text begin up to 150 percent
of the new text end financial assistance received from the district, for failure to complete the systems
or practices in a timely manner or maintain the systems or practices as specified in the
contract.
(c) A contract may provide for cooperation or funding with federal agencies. A land
occupier or state agency may provide the cost-sharing portion of the contract through
services in kind.
(d) The state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.
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(e) When a district board determines that long-term maintenance of a system or
practice is desirable, the board may require that such maintenance be made a covenant
upon the land for the effective life of the practice. A covenant under this subdivision shall
be construed in the same manner as a conservation restriction under section 84.65.
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This chapter may be cited as the "Clean Water Legacy Act."
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The purpose of the Clean Water Legacy Act is to restore, protect, and preserve the
quality of Minnesota's surface waters by providing authority, direction, and resources to
restore and maintain water quality standards for surface waters as required by section
303(d) of the federal Clean Water Act, United States Code, title 33, section 1313(d),
and applicable federal regulations.
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The definitions provided in this section apply to the
terms used in this chapter.
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"Citizen monitoring" means monitoring of surface
water quality by individuals and nongovernmental organizations that is consistent with
section 115.06, subdivision 4, and Pollution Control Agency guidance on monitoring
procedures, quality assurance protocols, and data management.
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"Clean Water Council" or "council" means the Clean
Water Council created pursuant to section 114D.30, subdivision 1.
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"Federal TMDL requirements" means the
requirements of section 303(d) of the Clean Water Act, United States Code, title 33,
section 1313(d), and associated regulations and guidance.
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"Impaired water" means surface water that does not
meet applicable water quality standards.
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"Public agencies" means all state agencies, political
subdivisions, joint powers organizations, and special purpose units of government with
authority, responsibility, or expertise in protecting, restoring, or preserving the quality of
surface waters, managing or planning for surface waters and related lands, or financing
waters-related projects. "Public agencies" also includes the University of Minnesota and
other public education institutions.
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"Restoration" means actions, including effectiveness
monitoring, that are taken to restore and maintain water quality standards for impaired
waters in accordance with a TMDL that has been approved by the United States
Environmental Protection Agency under federal TMDL requirements.
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"Surface waters" means waters of the state as defined
in section 115.01, subdivision 22, excluding groundwater as defined in section 115.01,
subdivision 6.
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"Third-party TMDL" means a TMDL by the
Pollution Control Agency that is developed in whole or in part cooperatively between
representatives from local units of government where the TMDL is being completed and
a qualified public or private nonprofit entity other than the Pollution Control Agency
consistent with the goals, policies, and priorities in section 114D.20.
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"Total maximum daily load" or
"TMDL" means a scientific study that contains a calculation of the maximum amount of a
pollutant that may be introduced into a surface water and still ensure that applicable
water quality standards for that water are restored and maintained. A TMDL also is
the sum of the pollutant load allocations for all sources of the pollutant, including a
wasteload allocation for point sources, a load allocation for nonpoint sources and natural
background, an allocation for future growth of point and nonpoint sources, and a margin
of safety to account for uncertainty about the relationship between pollutant loads and
the quality of the receiving surface water. "Natural background" means characteristics of
the water body resulting from the multiplicity of factors in nature, including climate and
ecosystem dynamics, that affect the physical, chemical, or biological conditions in a water
body, but does not include measurable and distinguishable pollution that is attributable to
human activity or influence. A TMDL must take into account seasonal variations.
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"TMDL implementation plan" means a
document detailing restoration activities needed to meet the approved TMDL's pollutant
load allocations for point and nonpoint sources.
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"Water quality standards" for Minnesota
surface waters are found in Minnesota Rules, chapters 7050 and 7052.
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In implementing this chapter,
public agencies and private entities shall take into consideration the relevant provisions of
local and other applicable water management, conservation, land use, land management,
and development plans and programs. Public agencies with authority for local water
management, conservation, land use, land management, and development plans shall
take into consideration the manner in which their plans affect the implementation of
this chapter. Public agencies shall identify opportunities to participate and assist in the
successful implementation of this chapter, including the funding or technical assistance
needs, if any, that may be necessary. In implementing this chapter, public agencies shall
endeavor to engage the cooperation of organizations and individuals whose activities
affect the quality of surface waters, including point and nonpoint sources of pollution, and
who have authority and responsibility for water management, planning, and protection. To
the extent practicable, public agencies shall endeavor to enter into formal and informal
agreements and arrangements with federal agencies and departments to jointly utilize
staff and educational, technical, and financial resources to deliver programs or conduct
activities to achieve the intent of this chapter, including efforts under the federal Clean
Water Act and other federal farm and soil and water conservation programs.
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The following goals must guide the
implementation of this chapter:
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(1) to identify impaired waters in accordance with federal TMDL requirements
within ten years after the effective date of this section and thereafter to ensure continuing
evaluation of surface waters for impairments;
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(2) to submit TMDL's to the United States Environmental Protection Agency for all
impaired waters in a timely manner in accordance with federal TMDL requirements;
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(3) to set a reasonable time for implementing restoration of each identified impaired
water;
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(4) to provide assistance and incentives to prevent waters from becoming impaired
and to improve the quality of waters which are listed as impaired but have no approved
TMDL addressing the impairment;
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(5) to promptly seek the delisting of waters from the impaired waters list when those
waters are shown to achieve the designated uses applicable to the waters; and
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(6) to achieve compliance with federal Clean Water Act requirements in Minnesota.
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The following policies must guide the
implementation of this chapter:
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(1) develop regional and watershed TMDL's and TMDL implementation plans, and
TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
feasible;
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(2) maximize use of available organizational, technical, and financial resources to
perform sampling, monitoring, and other activities to identify impaired waters, including
use of citizen monitoring;
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(3) maximize opportunities for restoration of impaired waters, by prioritizing and
targeting of available programmatic, financial, and technical resources and by providing
additional state resources to complement and leverage available resources;
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(4) use existing regulatory authorities to achieve restoration for point and nonpoint
sources of pollution where applicable, and promote the development and use of effective
nonregulatory measures to address pollution sources for which regulations are not
applicable;
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(5) use restoration methods that have a demonstrated effectiveness in reducing
impairments and provide the greatest long-term positive impact on water quality protection
and improvement while incorporating innovative approaches on a case-by-case basis;
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(6) identify for the legislature any innovative approaches that may strengthen or
complement existing programs;
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(7) identify and encourage implementation of measures to prevent waters from
becoming impaired and to improve the quality of waters that are listed as impaired but
have no approved TMDL addressing the impairment; and
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(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
amount up to 150 percent of the financial assistance received for failure to comply.
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The Pollution Control
Agency, in accordance with federal TMDL requirements, shall set priorities for identifying
impaired waters, giving consideration to:
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(1) waters where impairments would pose the greatest potential risk to human or
aquatic health; and
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(2) waters where data developed through public agency or citizen monitoring or
other means, provides scientific evidence that an impaired condition exists.
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new text begin Subd. 5.new text end [PRIORITIES FOR PREPARATION OF TMDL'S.] new text begin The Clean Water
Council shall recommend priorities for scheduling and preparing TMDL's and TMDL
implementation plans, taking into account the severity of the impairment, the designated
uses of those waters, and other applicable federal TMDL requirements. In recommending
priorities, the council shall also give consideration to waters and watersheds:
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(1) with impairments that pose the greatest potential risk to human health;
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(2) with impairments that pose the greatest potential risk to aquatic health;
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(3) where other public agencies and participating organizations and individuals,
especially local, basinwide, watershed, or regional agencies or organizations, have
demonstrated readiness to assist in carrying out the responsibilities, including availability
and organization of human, technical, and financial resources necessary to undertake
the work; and
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(4) where there is demonstrated coordination and cooperation among cities,
counties, watershed districts, and soil and water conservation districts in planning and
implementation of activities that will assist in carrying out the responsibilities.
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In implementing
restoration of impaired waters, in addition to the priority considerations in subdivision 5
the Clean Water Council shall give priority in its recommendations for restoration funding
from the clean water legacy account to restoration projects that:
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(1) coordinate with and utilize existing local authorities and infrastructure for
implementation;
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(2) can be implemented in whole or in part by providing support for existing or
ongoing restoration efforts; and
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(3) most effectively leverage other sources of restoration funding, including federal,
state, local, and private sources of funds; and
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(4) show a high potential for early restoration and delisting based upon scientific
data developed through public agency or citizen monitoring or other means.
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The Clean Water Council
shall apply the priorities applicable under subdivision 6, as far as practicable, when
recommending priorities for funding actions to prevent waters from becoming impaired
and to improve the quality of waters which are listed as impaired but have no approved
TMDL.
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(a) The Pollution Control Agency,
in accordance with federal TMDL requirements, shall: identify impaired waters and
propose a list of the waters for review and approval by the United States Environmental
Protection Agency; develop and approve TMDL's for listed impaired waters and submit
the approved TMDL's to the United State Environmental Protection Agency for final
approval; and propose to delist waters from the Environmental Protection Agency
impaired waters list.
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(b) A TMDL must include a statement of the facts and scientific data supporting the
TMDL and a list of potential implementation options, including a range of estimates of
the cost of implementation and individual wasteload data for any point sources addressed
by the TMDL.
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(c) The implementation information need not be sent to the United States
Environmental Protection Agency for review and approval.
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The approval of a TMDL
by the Pollution Control Agency is a final decision of the agency for purposes of section
115.05, and is subject to the contested case procedures of sections 14.57 to 14.62 in
accordance with agency procedural rules. The agency shall not submit an approved TMDL
to the United States Environmental Protection Agency until the time for commencing
judicial review has run or the judicial review process has been completed. A TMDL is not
subject to the rulemaking requirements of chapter 14, including section 14.386.
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Before submitting a TMDL to the United
States Environmental Protection Agency, the Pollution Control Agency shall comply with
the notice and procedure requirements of this section. If a contested case proceeding is not
required for a proposed TMDL, the agency may submit the TMDL to the United States
Environmental Protection Agency no earlier than 30 days after the notice required in
subdivision 4. If a contested case proceeding is required for a TMDL, the TMDL may be
submitted to the United States Environmental Protection Agency after the contested case
proceeding and appeal process is completed.
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The Pollution Control Agency shall give notice of
its intention to submit a TMDL to the United States Environmental Protection Agency.
The notice must be given by publication in the State Register and by United States mail to
persons who have registered their names with the agency. The notice must include either a
copy of the proposed TMDL or an easily readable and understandable description of its
nature and effect and an announcement of how free access to the proposed TMDL can
be obtained. In addition, the agency shall make reasonable efforts to notify persons or
classes of persons who may be significantly affected by the TMDL by giving notice of
its intention in newsletters, newspapers, or other publications, or through other means of
communication. The notice must include a statement informing the public:
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(1) that the public has 30 days in which to submit comment in support of or in
opposition to the proposed TMDL and that comment is encouraged;
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(2) that each comment should identify the portion of the proposed TMDL addressed,
the reason for the comment, and any change proposed;
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(3) of the manner in which persons must request a contested case proceeding on
the proposed TMDL;
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(4) that the proposed TMDL may be modified if the modifications are supported by
the data and views submitted; and
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(5) the date on which the 30-day comment period ends.
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The Pollution Control Agency may enter
agreements with any qualified public or private nonprofit entity setting forth the terms and
conditions under which that entity is authorized to develop a third-party TMDL. Before
entering into an agreement with an entity to develop a third-party TMDL, the Pollution
Control Agency must make reasonable efforts to notify cities, counties, townships, soil and
water conservation districts, and watershed districts in the area that would be affected by
the TMDL. An agreement with a private nonprofit entity must require active involvement
in the process by the Pollution Control Agency and appointment of an advisory committee
to provide oversight of the development of the TMDL. At least 60 percent of the members
of the advisory committee must be representatives of local public agencies from the area
affected by the TMDL. In determining whether an entity is qualified to develop a TMDL,
the agency shall consider the technical and administrative qualifications of the entity and
may not enter into an agreement with a third-party entity that has a conflict of interest
with respect to the development of the third-party TMDL. A TMDL developed by a
third party is subject to monitoring, modification, and approval by the Pollution Control
Agency, and must be approved by the Pollution Control Agency before it is submitted to
the United States Environmental Protection Agency. Before submitting a TMDL to the
Environmental Protection Agency, the Pollution Control Agency must comply with the
notice and procedure requirements of subdivision 3. Approval of a third-party TMDL by
the Pollution Control Agency is subject to judicial review and contested case procedures
in the same manner as approval of any other TMDL by the Pollution Control Agency. The
Pollution Control Agency shall only consider authorizing the development of TMDL's
consistent with the goals, policies, and priorities determined under this section.
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A Clean Water Council is created to advise the
Pollution Control Agency and other implementing public agencies on the administration
and implementation of this chapter, and foster coordination and cooperation as described
in section 114D.20, subdivision 1. The council may also advise on the development
of appropriate processes for expert scientific review as described in section 114D.35,
subdivision 2. The Pollution Control Agency shall provide administrative support for the
council with the support of other member agencies. The members of the council shall
elect a chair from the nonagency members of the council.
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The governor must appoint the members of
the council. The governor must appoint one person from each of the following agencies:
the Department of Natural Resources, the Department of Agriculture, the Pollution
Control Agency, and the Board of Water and Soil Resources. The governor must appoint
14 additional nonagency members of the council as follows:
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(1) two members representing statewide farm organizations;
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(2) two members representing business organizations;
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(3) two members representing environmental organizations;
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(4) one member representing soil and water conservation districts;
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(5) one member representing watershed districts;
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(6) one member representing nonprofit organizations focused on improvement of
Minnesota lakes or streams;
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(7) one member representing an organization of county governments;
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(8) two members representing organizations of city governments;
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(9) one member representing the Metropolitan Council established under section
473.123; and
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(10) one member representing an organization of township governments.
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In making appointments, the governor must attempt to provide for geographic
balance.
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The initial terms of members
representing state agencies and the Metropolitan Council expire on the first Monday in
January, 2007. Thereafter, the terms of members representing the state agencies and the
Metropolitan Council are four years and are coterminous with the governor. The terms
of other members of the council shall be as provided in section 15.059, subdivision 2.
Members may serve until their successors are appointed and qualify. Compensation and
removal of council members is as provided in section 15.059, subdivisions 3 and 4. A
vacancy on the council may be filled by the appointing authority provided in subdivision 1
for the remainder of the unexpired term.
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The Clean Water Council shall prepare a plan for
implementation of this chapter. The plan shall address general procedures and timeframes
for implementing this chapter, and shall include a more specific implementation work plan
for the next fiscal biennium and a framework for setting priorities to address impaired
waters consistent with section 114D.45, subdivisions 2 to 7. The council shall issue the
first implementation plan under this subdivision by December 1, 2005, and shall issue a
revised work plan by December 1 of each even-numbered year thereafter.
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The Clean Water Council
shall recommend to the governor the manner in which money from the clean water legacy
account should be appropriated for the purposes identified in section 114D.45, subdivision
3. The council's recommendations must be consistent with the purposes, policies, goals,
and priorities in sections 114D.05 to 114D.35, and shall allocate adequate support and
resources to identify impaired waters, develop TMDL's, develop TMDL implementation
plans, implement restoration of impaired waters, and provide assistance and incentives
to prevent waters from becoming impaired and improve the quality of waters which are
listed as impaired but have no approved TMDL. The council must recommend methods of
ensuring that awards of grants, loans, or other funds from the clean water legacy account
specify the outcomes to be achieved as a result of the funding, and specify standards to
hold the recipient accountable for achieving the desired outcomes.
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By December 1 of each even-numbered
year, the council shall submit a report to the legislature on the activities for which money
from the clean water legacy account has been or will be spent for the current biennium, and
the activities for which money from the account is recommended to be spent in the next
biennium. The report due on December 1, 2014, must include an evaluation of the progress
made through June 30, 2014, in implementing this chapter, the need for funding of future
implementation of those sections, and recommendations for the sources of such funding.
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new text begin Public agencies and private
entities involved in the implementation of this chapter shall encourage participation by
the public and stakeholders, including local citizens, land owners and managers, and
public and private organizations, in the identification of impaired waters, in developing
TMDL's, and in planning, priority setting, and implementing restoration of impaired
waters. In particular, the Pollution Control Agency shall make reasonable efforts to
provide timely information to the public and to stakeholders about impaired waters that
have been identified by the agency. The agency shall seek broad and early public and
stakeholder participation in scoping the activities necessary to develop a TMDL, including
the scientific models, methods, and approaches to be used in TMDL development, and to
implement restoration pursuant to section 114D.15, subdivision 7.
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The Clean Water Council and public agencies
and private entities shall make use of available public and private expertise from
educational, research, and technical organizations, including the University of Minnesota
and other higher education institutions, to provide appropriate independent expert advice
on models, methods, and approaches used in identifying impaired waters, developing
TMDL's, and implementing prevention and restoration.
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The Clean Water Council shall develop strategies for
informing, educating, and encouraging the participation of citizens, stakeholders,
and others regarding the identification of impaired waters, development of TMDL's,
development of TMDL implementation plans, and implementation of restoration for
impaired waters. Public agencies shall be responsible for implementing the strategies.
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A state clean water fee shall annually be imposed on all
parcels of improved property within the state, as provided under this section, except that
no fee shall be imposed on parcels containing improvements that are less than or equal to
$5,000 in value. The value determined by the assessor shall govern the proper amount of
the fee, except for those properties that are valued and assessed by the commissioner of
revenue, in which case the commissioner's value shall govern the proper amount of the fee.
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For all improved property
classified under section 273.13 as class 2 agricultural, class 1a or 1b residential homestead,
class 4b or 4bb residential nonhomestead, or class 4c noncommercial seasonal residential
recreational, the fee shall be $18, if the value of the improvement is greater than $5,000 but
not greater than $50,000; or $36, if the value of the improvement is greater than $50,000.
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For all improved property classified
under section 273.13 as class 4a apartment property, the fee shall be $18 per unit of
housing.
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For all improved property classified under section
273.13 as class 3 commercial-industrial public utility, class 1c or class 4c commercial
seasonal residential recreational, or class 5, the fee shall be:
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(i) $60, if the value of the improvement or improvements is greater than $5,000 but
not greater than $50,000;
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(ii) $120, if the value of the improvement or improvements is greater than $50,000
but not greater than $500,000;
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(iii) $300, if the value of the improvement or improvements is greater than $500,000
but less than $1,000,000; or
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(iv) $600, if the value of the improvement or improvements is greater than
$1,000,000.
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For all improved property that is exempt from property
taxation, the fee is $60.
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(a) For taxable parcels of property, the
fee shall be extended against the property by the county on the tax lists for the current
year. The fee shall be listed on the property tax statement on a separate line. It shall be
collected at the same time and in the same manner as all other property taxes. The fee
imposed under this section is a lien upon the property assessed to the same extent and for
the same duration as the property taxes.
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(b) For property exempt from property taxation, the fee shall be assessed by the
county directly on the property owner and shall be collected and distributed in the same
manner as special assessments under chapter 429 are collected and distributed.
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The fee, less the cost to collect fees, shall be remitted to
the state commissioner of revenue at the same time and in the same manner as the state
general tax under section 275.025. The commissioner of revenue shall deposit the fees
collected in the clean water legacy account under section 114D.45.
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This section is effective for fees payable in 2006 through
2015, except that if the constitutional amendment proposed in article 2 is adopted at the
2006 general election, then no fees may be imposed under this section after fees payable
in 2007.
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The clean water legacy account is created as an account
in the environmental fund. Money in the account must only be made available for
the implementation of this chapter and sections 446A.073 and 446A.074, without
supplanting or taking the place of any other funds which are currently available or may
become available from any other source, whether federal, state, local, or private, for
implementation of those sections.
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The following revenues must be deposited in the
clean water legacy account:
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(1) the revenue from the clean water fees collected under section 114D.40; and
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(2) interest accrued on the account.
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Subject to appropriation by the legislature, the clean
water legacy account may only be used for the following purposes:
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(1) to provide grants, loans, and technical assistance to public agencies and others
who are participating in the process of identifying impaired waters, developing TMDL's
and TMDL implementation plans, implementing restoration of impaired waters, and
monitoring the effectiveness of restoration;
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(2) to support measures to prevent waters from becoming impaired and to improve
the quality of waters that are listed as impaired but have no approved TMDL addressing
the impairment;
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(3) to provide grants and loans for wastewater and stormwater treatment projects
through the Public Facilities Authority;
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(4) to support the efforts of public agencies associated with individual sewage
treatment systems and financial assistance for upgrading and replacing the systems; and
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(5) to provide funds to state agencies to carry out their responsibilities under this
chapter.
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Minnesota Statutes 2004, section 115.06, subdivision 4, is amended to read:
(a) The agency may encourage
citizen monitoring of ambient water quality for public waters by:
(1) providing technical assistance to citizen and local group water quality monitoring
efforts;
(2) integrating citizen monitoring data into water quality assessments and agency
programs, provided that the data adheres to agency quality assurance and quality control
protocols; and
(3) seeking public and private funds to:
(i) collaboratively develop clear guidelines for water quality monitoring procedures
and data management practices for specific data and information uses;
(ii) distribute the guidelines to citizens, local governments, and other interested
parties;
(iii) improve and expand water quality monitoring activities carried out by the
agency; and
(iv) continue to improve electronic and Web access to water quality data and
information about public waters that have been either fully or partially assessed.
(b) This subdivision does not authorize a citizen to enter onto private property
for any purpose.
(c) By January 15 of each odd-numbered year, the commissioner shall report to the
senate and house of representatives committees with jurisdiction over environmental
policy and finance on activities under this section.
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(d) This subdivision shall sunset June 30, 2005.
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Minnesota Statutes 2004, section 116.182, subdivision 2, is amended to read:
This section governs the commissioner's certification of
projects seeking financial assistance under section 103F.725, subdivision 1a, 446A.07, deleted text begin or
deleted text end 446A.072new text begin , or 446A.075new text end .
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The authority shall establish a clean water legacy
capital improvement fund and shall make grants from the fund as provided in this section.
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The authority shall award grants from the clean water legacy
capital improvement fund to governmental units for the capital costs of wastewater
treatment facility projects or a portion thereof that will reduce the discharge of total
phosphorus from the facility to one milligram per liter or less. A project is eligible for a
grant if it meets the following requirements:
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(1) the applicable phosphorus discharge limit is incorporated in a permit issued by
the agency for the wastewater treatment facility on or after March 28, 2000, the grantee
agrees to comply with the applicable limit as a condition of receiving the grant, or the
grantee made improvements to a wastewater treatment facility on or after March 28, 2000,
that include infrastructure to reduce the discharge of total phosphorus to one milligram
per liter or less;
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(2) the governmental unit has submitted a facilities plan for the project to the agency
and a grant application to the authority on a form prescribed by the authority; and
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(3) the agency has approved the facilities plan, and certified the eligible costs for the
project to the authority.
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Eligible capital costs for phosphorus reduction
grants under subdivision 4, paragraph (a), include the as-bid construction costs and
engineering planning and design costs. Eligible capital costs for phosphorus reduction
grants under subdivision 4, paragraph (b), include the final, incurred construction,
engineering, planning, and design costs.
new text end
new text begin
(a) Priority must be given to projects that
start construction on or after July 1, 2005. If a facility's plan for a project is approved
by the agency before July 1, 2009, the amount of the grant is 75 percent of the eligible
capital cost of the project. If a facility's plan for a project is approved by the agency on
or after July 1, 2009, the amount of the grant is 50 percent of the eligible capital cost of
the project. Priority in awarding grants under this paragraph must be based on the date of
approval of the facility's plan for the project.
new text end
new text begin
(b) Projects that meet the eligibility requirements in subdivision 2 and have started
construction before July 1, 2005, are eligible for grants to reimburse up to 75 percent of
the eligible capital cost of the project, less any amounts previously received in grants from
other sources. Application for a grant under this paragraph must be submitted to the
authority no later than June 30, 2007. Priority for award of grants under this paragraph
must be based on the date of agency approval of the facility plan.
new text end
new text begin
(c) In each fiscal year that money is available for grants, the authority shall first
award grants under paragraph (a) to projects that met the eligibility requirements of
subdivision 2 by May 1 of that year. The authority shall use any remaining money
available that year to award grants under paragraph (b). Grants that have been approved
but not awarded in a previous fiscal year carry over and must be awarded in subsequent
fiscal years in accordance with the priorities in this paragraph.
new text end
new text begin
(d) Disbursements of grants under this section by the authority to recipients must
be made for eligible project costs as incurred by the recipients, and must be made by the
authority in accordance with the project financing agreement and applicable state law.
new text end
new text begin
The authority may charge the grant recipient a fee for its
administrative costs not to exceed one-half of one percent of the grant amount, to be
paid upon execution of the grant agreement.
new text end
new text begin
The authority shall establish a small community
wastewater treatment fund and shall make loans and grants from the fund as provided in
this section. Money in the fund is annually appropriated to the authority and does not
lapse. The fund shall be credited with all loan repayments and investment income from
the fund, and servicing fees assessed under section 446A.04, subdivision 5. The authority
shall manage and administer the small community wastewater treatment fund, and for
these purposes, may exercise all powers provided in this chapter.
new text end
new text begin
(a) The authority shall award loans as provided
in paragraph (b) and grants as provided in paragraph (c) to governmental units from
the small community wastewater treatment fund for projects to replace noncomplying
individual sewage treatment systems with a community wastewater treatment system or
systems meeting the requirements of section 115.55. A governmental unit receiving a loan
or loan and grant from the fund shall own the community wastewater treatment systems
built under the program and shall be responsible, either directly or through a contract
with a private vendor, for all inspections, maintenance, and repairs necessary to assure
proper operation of the systems.
new text end
new text begin
(b) Loans may be awarded for up to 100 percent of eligible project costs as described
in this section.
new text end
new text begin
(c) When the area to be served by a project has a median household income below
the state average median household income, the governmental unit may receive 50
percent of the funding provided under this section in the form of a grant. An applicant
may submit income survey data collected by an independent party if it believes the most
recent United States census does not accurately reflect the median household income
of the area to be served.
new text end
new text begin
Governmental units seeking loans or loans and grants
from the small community wastewater treatment program shall first submit a project
proposal to the agency on a form prescribed by the agency. A project proposal shall
include a compliance determination for all individual sewage treatment systems in the
project area. The agency shall rank project proposals on its project priority list used for
the water pollution control revolving fund under section 446A.07.
new text end
new text begin
Governmental units with projects on the project priority
list shall submit applications to the authority on forms prescribed by the authority. The
application shall include:
new text end
new text begin
(1) a list of the individual sewage treatment systems proposed to be replaced over a
period of up to three years;
new text end
new text begin
(2) a project schedule and cost estimate for each year of the project;
new text end
new text begin
(3) a financing plan for repayment of the loan; and
new text end
new text begin
(4) a management plan providing for the inspection, maintenance, and repairs
necessary to assure proper operation of the systems.
new text end
new text begin
The authority shall award loans or loans and grants as provided in
subdivision 2 to governmental units with approved applications based on their ranking
on the agency's project priority list. The total amount awarded shall be based on the
estimated project costs for the portion of the project expected to be completed within
one year, up to an annual maximum of $500,000. For projects expected to take more
than one year to complete, the authority may make a multiyear commitment for a period
not to exceed three years, contingent on the future availability of funds. Each year of a
multiyear commitment must be funded by a separate loan or loan and grant agreement
meeting the terms and conditions in subdivision 6. A governmental unit receiving a loan
or loan and grant under a multiyear commitment shall have priority for additional loan and
grant funds in subsequent years.
new text end
new text begin
Loans from the small community wastewater
treatment fund shall comply with the following terms and conditions:
new text end
new text begin
(1) principal and interest payments must begin no later than two years after the
loan is awarded;
new text end
new text begin
(2) loans shall carry an interest rate of one percent;
new text end
new text begin
(3) loans shall be fully amortized within ten years of the first scheduled payment
or, if the loan amount exceeds $10,000 per household, shall be fully amortized within 20
years but not to exceed the expected design life of the system;
new text end
new text begin
(4) a governmental unit receiving a loan must establish a dedicated source or sources
of revenues for repayment of the loan and must issue a general obligation note to the
authority for the full amount of the loan; and
new text end
new text begin
(5) each property owner to be served by a community wastewater treatment system
under this program must provide an easement to the governmental unit to allow access to
the system for management and repairs.
new text end
new text begin
(a) A governmental unit receiving a loan
under this section that levies special assessments to repay the loan may defer payment of
the assessments under the provisions of sections 435.193 to 435.195.
new text end
new text begin
(b) A governmental unit that defers payment of special assessments for one or more
properties under paragraph (a) may request deferral of that portion of the debt service on
its loan, and the authority shall accept appropriate amendments to the general obligation
note of the governmental unit. If special assessment payments are later received from
properties that received a deferral, the funds received shall be paid to the authority with
the next scheduled loan payment.
new text end
new text begin
Eligible costs for small community wastewater treatment
loans and grants shall include the costs of planning, design, construction, legal fees,
administration, and land acquisition.
new text end
new text begin
Loan and grant disbursements by the authority under this
section must be made for eligible project costs as incurred by the recipients, and must be
made in accordance with the project loan or grant and loan agreement and applicable
state law.
new text end
new text begin
A governmental unit receiving a loan under this section must
annually provide to the authority for the term of the loan a copy of its annual independent
audit or, if the governmental unit is not required to prepare an independent audit, a copy of
the annual financial reporting form it provides to the state auditor.
new text end
new text begin
When money is appropriated for grants under
this program, the authority shall make grants to municipalities to cover up to one-half
the cost of wastewater treatment or stormwater projects made necessary by wasteload
reductions under total maximum daily load required by section 303(d) of the federal Clean
Water Act, United States Code, title 33, section 1313(d).
new text end
new text begin
Application for a grant shall be made to the authority
on forms prescribed by the authority for the total maximum daily load grant program, with
additional information as required by the authority, including a project schedule and cost
estimate for the work necessary to comply with the point source wasteload allocation. In
accordance with section 116.182, the Pollution Control Agency shall:
new text end
new text begin
(1) calculate the essential project component percentage, which shall be multiplied
by the total project cost to determine the eligible project cost; and
new text end
new text begin
(2) review and certify approved projects to the authority.
new text end
new text begin
When money is appropriated for grants under this
program, the authority shall reserve money for projects expected to start construction in
the next 12 months in the order that:
new text end
new text begin
(1) their total maximum daily load was approved by the United States Environmental
Protection Agency;
new text end
new text begin
(2) their grant application is received by the authority; and
new text end
new text begin
(3) have the greatest load reduction as determined by the Pollution Control Agency.
The authority shall reserve money for projects in an amount based on their most recent
cost estimates submitted to the authority or the as-bid costs, whichever is less.
new text end
new text begin
The authority shall make a grant to a municipality, as
defined in section 116.182, subdivision 1, only after:
new text end
new text begin
(1) the commissioner of the Minnesota Pollution Control Agency has certified to the
United States Environmental Protection Agency a total maximum daily load for identified
waters of this state that includes a point source wasteload allocation;
new text end
new text begin
(2) the Environmental Protection Agency has approved the total maximum daily
load;
new text end
new text begin
(3) a municipality for which money is reserved has submitted the as-bid costs for its
wastewater treatment or stormwater projects to the authority;
new text end
new text begin
(4) the Pollution Control Agency has reviewed and certified the project to the
authority; and
new text end
new text begin
(5) the authority has determined that the additional financing necessary to complete
the project has been committed from other sources.
new text end
new text begin
Disbursement of a grant shall be made for eligible
project costs as incurred by the municipality and in accordance with a project financing
agreement and applicable state and federal laws and rules governing the payments.
new text end
new text begin
The authority may charge the grant recipient a fee for its
administrative costs not to exceed one-half of one percent of the grant amount, to be
paid upon execution of the grant agreement.
new text end
Minnesota Statutes 2004, section 276.04, subdivision 2, is amended to read:
(a) The treasurer shall provide for the printing
of the tax statements. The commissioner of revenue shall prescribe the form of the
property tax statement and its contents. The statement must contain a tabulated statement
of the dollar amount due to each taxing authority and the amount of the state tax from the
parcel of real property for which a particular tax statement is prepared. The dollar amounts
attributable to the county, the state tax, the voter approved school tax, the other local
school tax, the township or municipality, and the total of the metropolitan special taxing
districts as defined in section 275.065, subdivision 3, paragraph (i), must be separately
stated. The amounts due all other special taxing districts, if any, may be aggregated. If the
county levy under this paragraph includes an amount for a lake improvement district as
defined under sections 103B.501 to 103B.581, the amount attributable for that purpose
must be separately stated from the remaining county levy amount. The amount of the tax
on homesteads qualifying under the senior citizens' property tax deferral program under
chapter 290B is the total amount of property tax before subtraction of the deferred property
tax amount. The amount of the tax on contamination value imposed under sections 270.91
to 270.98, if any, must also be separately stated. new text begin The fee imposed under section 114D.40
must be listed on a separate line following the special assessment line on the statement.
It shall be called the "State Clean Water Fee." new text end The dollar amounts, including the dollar
amount of any special assessments, may be rounded to the nearest even whole dollar.
For purposes of this section whole odd-numbered dollars may be adjusted to the next
higher even-numbered dollar. The amount of market value excluded under section 273.11,
subdivision 16, if any, must also be listed on the tax statement.
(b) The property tax statements for manufactured homes and sectional structures
taxed as personal property shall contain the same information that is required on the
tax statements for real property.
(c) Real and personal property tax statements must contain the following information
in the order given in this paragraph. The information must contain the current year tax
information in the right column with the corresponding information for the previous year
in a column on the left:
(1) the property's estimated market value under section 273.11, subdivision 1;
(2) the property's taxable market value after reductions under section 273.11,
subdivisions 1a and 16;
(3) the property's gross tax, calculated by adding the property's total property tax to
the sum of the aids enumerated in clause (4);
(4) a total of the following aids:
(i) education aids payable under chapters 122A, 123A, 123B, 124D, 125A, 126C,
and 127A;
(ii) local government aids for cities, towns, and counties under chapter 477A; and
(iii) disparity reduction aid under section 273.1398;
(5) for homestead residential and agricultural properties, the credits under section
273.1384;
(6) any credits received under sections 273.119; 273.123; 273.135; 273.1391;
273.1398, subdivision 4; 469.171; and 473H.10, except that the amount of credit received
under section 273.135 must be separately stated and identified as "taconite tax relief"; and
(7) the net tax payable in the manner required in paragraph (a).
(d) If the county uses envelopes for mailing property tax statements and if the county
agrees, a taxing district may include a notice with the property tax statement notifying
taxpayers when the taxing district will begin its budget deliberations for the current
year, and encouraging taxpayers to attend the hearings. If the county allows notices to
be included in the envelope containing the property tax statement, and if more than
one taxing district relative to a given property decides to include a notice with the tax
statement, the county treasurer or auditor must coordinate the process and may combine
the information on a single announcement.
The commissioner of revenue shall certify to the county auditor the actual or
estimated aids enumerated in clause (4) that local governments will receive in the
following year. The commissioner must certify this amount by January 1 of each year.
Minnesota Statutes 2004, section 276.112, is amended to read:
On or before January 25 each year, for the period ending December 31 of the
prior year, and on or before June 29 each year, for the period ending on the most recent
settlement day determined in section 276.09, and on or before December 2 each year, for
the period ending November 20, the county treasurer must make full settlement with the
county auditor according to sections 276.09, 276.10, and 276.111 for all receipts of state
property taxes levied under section 275.025, new text begin and the state-imposed fee under section
114D.40,new text end and must transmit those receipts to the commissioner of revenue by electronic
means.
Minnesota Statutes 2004, section 290A.03, subdivision 11, is amended to read:
"Rent constituting property taxes"
means new text begin (i) new text end 19 percent of the gross rent actually paid in cash, or its equivalent, or the portion
of rent paid in lieu of property taxes, in any calendar year by a claimant for the right
of occupancy of the claimant's Minnesota homestead in the calendar year, and which
rent constitutes the basis, in the succeeding calendar year of a claim for relief under this
chapter by the claimantnew text begin ; plus (ii) the amount of the state clean water fee imposed on
the rental unit under section 114D.40, allocated to multiple renters, if appropriate, as
prescribed under subdivision 8, paragraph (f)new text end .
new text begin
This section is effective for claims in 2007 and thereafter
based on rent and fees paid in 2006 and thereafter.
new text end
Minnesota Statutes 2004, section 290A.03, subdivision 13, is amended to read:
"Property taxes payable" means the property
tax new text begin plus the state clean water fee imposed under section 114D.40 new text end exclusive of special
assessments, penalties, and interest payable on a claimant's homestead after deductions
made under sections 273.135, 273.1384, 273.1391, 273.42, subdivision 2, and any other
state paid property tax credits in any calendar year, and after any refund claimed and
allowable under section 290A.04, subdivision 2h, that is first payable in the year that the
property tax is payable. In the case of a claimant who makes ground lease payments,
"property taxes payable" includes the amount of the payments directly attributable to the
property taxes assessed against the parcel on which the house is located. No apportionment
or reduction of the "property taxes payable" shall be required for the use of a portion of the
claimant's homestead for a business purpose if the claimant does not deduct any business
depreciation expenses for the use of a portion of the homestead in the determination of
federal adjusted gross income. For homesteads which are manufactured homes as defined
in section 273.125, subdivision 8, and for homesteads which are park trailers taxed as
manufactured homes under section 168.012, subdivision 9, "property taxes payable" shall
also include 19 percent of the gross rent paid in the preceding year for the site on which the
homestead is located. When a homestead is owned by two or more persons as joint tenants
or tenants in common, such tenants shall determine between them which tenant may claim
the property taxes payable on the homestead. If they are unable to agree, the matter shall
be referred to the commissioner of revenue whose decision shall be final. Property taxes
are considered payable in the year prescribed by law for payment of the taxes.
In the case of a claim relating to "property taxes payable," the claimant must have
owned and occupied the homestead on January 2 of the year in which the tax is payable
and (i) the property must have been classified as homestead property pursuant to section
273.124, on or before December 15 of the assessment year to which the "property taxes
payable" relate; or (ii) the claimant must provide documentation from the local assessor
that application for homestead classification has been made on or before December 15
of the year in which the "property taxes payable" were payable and that the assessor has
approved the application.
new text begin
This section is effective for claims in 2006 and thereafter
based on taxes payable in 2006 and thereafter.
new text end
new text begin
The appropriations in this section are from
the environmental fund and are available for the fiscal years ending June 30, 2006, and
June 30, 2007. Unless otherwise specified in this section, these appropriations do not
cancel and remain available until June 30, 2007. Appropriations in this section that are
encumbered under contract, including grant contract, on or before June 30, 2007, are
available until June 30, 2009.
new text end
new text begin
$38,000 in fiscal year 2006
and $31,000 in fiscal year 2007 are appropriated to the Department of Revenue to pay
the costs of collection and administration of the clean water fees imposed in Minnesota
Statutes, section 114D.40.
new text end
new text begin
The following amounts are appropriated to the
Pollution Control Agency for the purposes stated:
new text end
new text begin
(1) $1,000,000 in fiscal year 2006 is to assist counties in developing the list required
under Minnesota Statutes, section 114D.40, subdivision 4, paragraph (e), of persons
subject to clean water fees under Minnesota Statutes, section 114D.40, subdivision 3,
paragraphs (f) and (g);
new text end
new text begin
(2) $1,860,000 in fiscal year 2006 and $4,125,000 in fiscal year 2007 are for
statewide assessment of surface water quality and trends; of these amounts, up to
$1,010,000 in fiscal year 2006 and $1,960,000 in fiscal year 2007 are available for grants
or contracts to support citizen monitoring of surface waters; and
new text end
new text begin
(3) $1,900,000 in fiscal year 2006 and $3,290,000 in fiscal year 2007 are to develop
TMDL's for waters listed on the United States Environmental Protection Agency approved
2004 impaired waters list; of this appropriation, up to $390,000 in fiscal year 2006 and
$1,140,000 in fiscal year 2007 are available for grants or contracts to develop TMDL's.
new text end
new text begin
The following amounts are appropriated to the
Department of Agriculture for the purposes stated:
new text end
new text begin
(1) $250,000 in fiscal year 2006 and $2,300,000 in fiscal year 2007 are for
agricultural best management practices low-interest loans to producers and rural
landowners and these funds remain available until expended; of these amounts, $200,000
in fiscal year 2006 and $2,100,000 in fiscal year 2007 are available for pass-through to
local governments and lenders for low-interest loans;
new text end
new text begin
(2) $350,000 in fiscal year 2006 and $800,000 in fiscal year 2007 are to expand
technical assistance to producers and conservation professionals on nutrient and pasture
management; target practices to sources of water impairments; coordinate federal and
state farm conservation programs to fully utilize federal conservation funds; and expand
conservation planning assistance for producers; of these amounts, $50,000 in fiscal year
2006 and $210,000 in fiscal year 2007 are available for grants or contracts to develop
nutrient and conservation planning assistance information materials; and
new text end
new text begin
(3) $100,000 in fiscal year 2006 and $800,000 in fiscal year 2007 are for research,
evaluation, and effectiveness monitoring of agricultural practices in restoring impaired
waters; of these amounts, $600,000 in fiscal year 2007 is available for grants or contracts
for research, evaluations, and effectiveness monitoring of agricultural practices in
restoring impaired waters, including on-farm demonstrations.
new text end
new text begin
The following amounts are
appropriated to the Board of Water and Soil Resources for restoration and prevention
actions as described in Minnesota Statutes, section 114D.20, subdivisions 6 and 7:
new text end
new text begin
(1) $450,000 in fiscal year 2006 and $5,750,000 in fiscal year 2007 are for targeted
nonpoint restoration cost-share and incentive payments; of these amounts, up to $450,000
in fiscal year 2006 and $5,450,000 in fiscal year 2007 are available for grants to soil
and water conservation districts through the state cost-share program authorized under
Minnesota Statutes, section 103C.501;
new text end
new text begin
(2) $412,000 in fiscal year 2006 and $3,450,000 in fiscal year 2007 are for targeted
nonpoint restoration technical, compliance, and engineering assistance activities; of
these amounts, up to $412,000 in fiscal year 2006 and $3,250,000 in fiscal year 2007
are available for grants to soil and water conservation districts, watershed management
organizations, or counties to support nonpoint restoration implementation activities;
new text end
new text begin
(3) $200,000 in fiscal year 2007 is for reporting and evaluation of applied soil and
water conservation practices;
new text end
new text begin
(4) $2,400,000 in fiscal year 2007 is for grants to counties for implementation of
county individual sewage treatment systems programs through the local water resources
protection and management program under Minnesota Statutes, section 103B.3369;
new text end
new text begin
(5) $300,000 in fiscal year 2006 and $1,500,000 in fiscal year 2007 are for base and
challenge grants to support nonpoint source protection activities related to lake and river
protection and management through the local water resources protection and management
program under Minnesota Statutes, section 103B.3369; and
new text end
new text begin
(6) $2,400,000 in fiscal year 2007 is for grants to soil and water conservation
districts for streambank, stream channel, lakeshore, and roadside protection and restoration
projects through the state cost-share program under Minnesota Statutes, section 103C.501.
new text end
new text begin
The following amounts are
appropriated to the Department of Natural Resources for the purposes stated:
new text end
new text begin
(1) $280,000 in fiscal year 2006 and $430,000 in fiscal year 2007 are for statewide
assessment of surface water quality and trends; and
new text end
new text begin
(2) $100,000 in fiscal year 2006 and $4,050,000 in fiscal year 2007 are for restoration
of impaired waters and actions to prevent waters from becoming impaired; of these
amounts, up to $1,700,000 in fiscal year 2007 is available for grants and contracts for forest
stewardship planning and implementation, and for research, compliance, and monitoring.
new text end
new text begin
$4,400,000 in fiscal year 2006 and $44,015,000
in fiscal year 2007 are appropriated to the Public Facilities Authority; of these amounts,
$4,400,000 in fiscal year 2006 and $17,000,000 in fiscal year 2007 are to the clean water
legacy capital improvements fund for grants under Minnesota Statutes, section 446A.073;
$4,582,000 in fiscal year 2007 is to the small community wastewater treatment fund for
loans and grants under Minnesota Statutes, section 446A.074; and $22,433,000 in fiscal
year 2007 is to the water pollution control revolving fund under Minnesota Statutes,
section 446.07, for wastewater treatment and stormwater projects, and for total maximum
daily load grants under Minnesota Statutes, section 446A.075. Funds appropriated under
this subdivision do not cancel and are available until expended.
new text end
new text begin
Sections 1 to 15 are effective the day following final enactment. Section 20 is
effective July 1, 2005.
new text end
new text begin
An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section will be added to article XI, to read:
new text end
new text begin
Sec. 15. Beginning July 1, 2007, until June 30, 2016, the state sales and use tax
receipts equal to the state sales and use tax of one-eighth of one percent on sales and
uses taxable under the general state sales and use tax law, plus penalties and interest and
reduced by any refunds, are dedicated to the assessment, protection and restoration of the
state's lakes, rivers, streams, wetlands, and groundwater. The money dedicated under
this section shall be appropriated by law.
new text end
new text begin
The proposed amendment shall be submitted to the people at the 2006 general
election. The question submitted shall be:
new text end
new text begin
"Shall the Minnesota Constitution be amended to provide funding beginning July 1,
2007, to protect and restore the state's lakes, rivers, streams, wetlands, and groundwater
by dedicating additional sales and use tax receipts equal to the state sales and use tax of
one-eighth of one percent on taxable sales until the year 2016?
new text end
new text begin
Yes ....... No ........"
new text end
new text begin
Sections 1 and 2 apply to sales and uses occurring after June 30, 2007.
new text end
new text begin
The clean water legacy account in the environmental fund is established in the
Minnesota Constitution, article XI, section 15. All money earned by the clean water
legacy account must be credited to the account in the environmental fund.
new text end
Minnesota Statutes 2004, section 297A.62, subdivision 1, is amended to read:
Except as otherwise provided in subdivision 2 or 3 or in
this chapter, a sales tax of 6.5 percent is imposed on the gross receipts from retail sales as
defined in section 297A.61, subdivision 4, made in this state or to a destination in this state
by a person who is required to have or voluntarily obtains a permit under section 297A.83,
subdivision 1. new text begin After June 30, 2007, an additional sales tax of 0.125 percent is imposed
under article XI, section 15, of the Minnesota Constitution, for the purposes of clean water.
new text end
Minnesota Statutes 2004, section 297A.94, is amended to read:
(a) Except as provided in this section, the commissioner shall deposit the revenues,
including interest and penalties, derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.
(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and services purchased for
the construction and operation of an agricultural resource project; and
(2) the purchase was made on or after the date on which a conditional commitment
was made for a loan guaranty for the project under section 41A.04, subdivision 3.
The commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount deposited in the loan guaranty
account must be reduced by any refunds and by the costs incurred by the Department of
Revenue to administer and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed on sales and purchases included in section 297A.61,
subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them
as follows:
(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the balance to the general
fund.
(d) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.
(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and
for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and
penalties, transmitted to the commissioner under section 297A.65, must be deposited by
the commissioner in the state treasury as follows:
(1) 50 percent of the receipts must be deposited in the heritage enhancement account
in the game and fish fund, and may be spent only on activities that improve, enhance, or
protect fish and wildlife resources, including conservation, restoration, and enhancement
of land, water, and other natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only on metropolitan park and trail grants;
(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the natural resources fund,
and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and
Conservatory, and the Duluth Zoo.
(f) The revenue dedicated under paragraph (e) may not be used as a substitute
for traditional sources of funding for the purposes specified, but the dedicated revenue
shall supplement traditional sources of funding for those purposes. Land acquired with
money deposited in the game and fish fund under paragraph (e) must be open to public
hunting and fishing during the open season, except that in aquatic management areas or
on lands where angling easements have been acquired, fishing may be prohibited during
certain times of the year and hunting may be prohibited. At least 87 percent of the money
deposited in the game and fish fund for improvement, enhancement, or protection of fish
and wildlife resources under paragraph (e) must be allocated for field operations.
new text begin
(g) The commissioner shall deposit the sales tax revenue collected under article
XI, section 15, of the Minnesota Constitution, in the state treasury for deposit in the
clean water legacy account.
new text end
new text begin This article is effective November 15, 2006, if the constitutional amendment
proposed in article 2 is adopted by the voters.new text end