HF 1122

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/08/2013 04:03pm

A bill for an act
relating to water; modifying the Clean Water Legacy Act to improve
accountability; amending Minnesota Statutes 2012, sections 114D.15, by adding
a subdivision; 114D.50, by adding subdivisions; proposing coding for new law
in Minnesota Statutes, chapter 114D.

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

Section 1.

Minnesota Statutes 2012, section 114D.15, is amended by adding a
subdivision to read:

Subd. 13.

Watershed restoration and protection strategy or WRAPS.

"Watershed
restoration and protection strategy" or "WRAPS" means a document summarizing
scientific studies of a major watershed including the physical, chemical, and biological
assessment of the water quality of the watershed; identification of impairments and water
bodies in need of protection; identification of stressors and sources of pollution, both point
and nonpoint; TMDL's for the impairments; and an implementation table containing
strategies and actions designed to achieve and maintain water quality standards and goals.

Sec. 2.

[114D.26] WATERSHED RESTORATION AND PROTECTION
STRATEGIES.

Subdivision 1.

Contents.

The Pollution Control Agency, in cooperation with the
Board of Water and Soil Resources, the commissioner of natural resources, and others,
shall develop watershed restoration and protection strategies. To ensure effectiveness and
accountability in meeting the goals of this chapter, each WRAPS shall:

(1) identify impaired waters and waters in need of protection;

(2) identify stressors causing impairments or threats to water quality;

(3) summarize watershed modeling outputs and resulting pollution load allocations,
wasteload allocations, and priority areas for targeting actions to improve water quality;

(4) identify point sources of pollution for which a national pollutant discharge
elimination system permit is required under section 115.03 with sufficient specificity to
prioritize specific watershed restoration and protection actions;

(5) identify nonpoint sources of pollution for which a national pollutant discharge
elimination system permit is not required under section 115.03, with sufficient specificity
to prioritize and geographically locate watershed restoration and protection actions;

(6) describe the current pollution loading and load reduction needed for each source
or source category to meet water quality standards and goals, including wasteload and
load allocations from TMDL's;

(7) contain interim water quality goals and a plan for ongoing water quality
monitoring to fill data gaps, determine changing conditions, and gauge implementation
effectiveness; and

(8) contain an implementation table of strategies and actions based on a scenario
estimated to be capable of achieving needed pollution load reductions for point and
nonpoint sources, including:

(i) water quality parameters of concern;

(ii) current water quality conditions;

(iii) water quality goals and targets by parameter of concern;

(iv) prioritized actions by parameter of concern;

(v) timelines and an estimated range of costs for achievement of interim and final
water quality targets;

(vi) an assessment of the extent to which compliance with existing laws would
provide needed pollution reductions;

(vii) identification of governmental units responsible for implementing, monitoring,
and reporting on watershed restoration or protection actions;

(viii) a list and an estimate for each of the public and private funding sources and
amounts anticipated to be available for the needed implementation actions; and

(ix) a timeline for achievement of watershed restoration or protection implementation
actions within ten years of strategy adoption, including milestones at least every two years.

Subd. 2.

Reporting.

Beginning July 1, 2016, and every other year thereafter, the
Pollution Control Agency must report on its Web site the progress toward implementation
milestones and water quality goals for all adopted TMDL's and, where available, WRAPS's.

Subd. 3.

Timelines.

WRAPS's must be completed within one year of the
Environmental Protection Agency's approval of TMDL's within the applicable watershed.

Sec. 3.

Minnesota Statutes 2012, section 114D.50, is amended by adding a subdivision
to read:

Subd. 3a.

Nonpoint priority funding plan.

(a) Beginning July 1, 2014, and every
other year thereafter, the Board of Water and Soil Resources shall prepare and post on its
Web site a priority funding plan to prioritize potential nonpoint restoration and protection
actions based on available WRAPS's, TMDL's, and local water plans. The plan must take
into account the following factors: water quality outcomes; cost-effectiveness; landowner
financial need; and leverage of nonstate funding sources.

(b) Consistent with the priorities listed in section 114D.20, state agencies allocating
funds from the clean water fund for nonpoint restoration and protection strategies shall
target the funds according to the priorities identified on the nonpoint priority funding plan.
The allocation of the clean water fund to projects eligible for financial assistance under
section 116.182 is not governed by the nonpoint priority funding plan.

Sec. 4.

Minnesota Statutes 2012, section 114D.50, is amended by adding a subdivision
to read:

Subd. 4a.

Riparian buffer payments; reporting.

When clean water funds are used
to purchase riparian buffer easements, payments for the first 50 feet of riparian buffer that
are noncompliant with Minnesota Rules, part 6120.3300, may not exceed noncropped
rates as established under section 103F.515. The Board of Water and Soil Resources must
include in its biennial report on clean water fund appropriations the funding spent on
easements for riparian buffers that are not compliant with Minnesota Rules, part 6120.3300.