HF 1973

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to natural resources; appropriating money from the clean water fund;
1.3establishing purposes for the clean water fund; making wellhead protection areas
1.4eligible for the reinvest in Minnesota reserve program; prohibiting the use of coal
1.5tar; modifying the Critical Areas Act of 1973; requiring rulemaking;amending
1.6Minnesota Statutes 2008, sections 103F.515, subdivisions 2, 4; 114D.50;
1.7116G.15; proposing coding for new law in Minnesota Statutes, chapter 116.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9	Section 1. CLEAN WATER FUND APPROPRIATIONS.

1.10    The sums shown in the columns marked "Appropriations" are appropriated to the
1.11agencies and for the purposes specified in this act. The appropriations are from the clean
1.12water fund, or another named fund, and are available for the fiscal years indicated for each
1.13purpose. The figures "2010" and "2011" used in this act mean that the appropriations
1.14listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
1.15respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011.
1.16"The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal year ending
1.17June 30, 2009, are effective the day following final enactment. All appropriations in
1.18this act are onetime only.

1.19				APPROPRIATIONS
1.20				Available for the Year
1.21				Ending June 30
1.22					2010		2011

1.23

Sec. 2. DEPARTMENT OF AGRICULTURE.

$

3,075,000

$

5,850,000

1.24$339,000 the first year is to intensively
1.25monitor and analyze three sub-watersheds
2.1for changes in agricultural runoff related to
2.2land management practices and evaluate best
2.3management practices in sub-watersheds
2.4within the Root River Watershed in
2.5southeastern Minnesota. The commissioner
2.6shall submit a report on the use of this
2.7appropriation to the chairs of the house and
2.8senate committees with jurisdiction over
2.9agriculture, agriculture finance, environment
2.10and natural resources, and environment and
2.11natural resources finance by January 15,
2.122012. This appropriation is available until
2.13spent.

2.14

Sec. 3. PUBLIC FACILITIES AUTHORITY.

$

8,125,000

$

17,250,000

2.15(a) $5,000,000 the first year and $10,000,000
2.16the second year are for the total maximum
2.17daily load grant program under Minnesota
2.18Statutes, section 446A.073. This
2.19appropriation is available until spent.
2.20(b) $2,500,000 the first year and $5,000,000
2.21the second year are for the clean water legacy
2.22phosphorus reduction grant program under
2.23Minnesota Statutes, section 446A.074. This
2.24appropriation is available until spent.
2.25(c) $125,000 the first year and $250,000 the
2.26second year are for the small community
2.27wastewater treatment program for technical
2.28assistance grants under Minnesota Statutes,
2.29section 446A.075. This appropriation is
2.30available until spent.
2.31(d) $500,000 the first year and $2,000,000
2.32the second year are for the small community
2.33wastewater treatment program for
2.34reconstruction loans and grants under
3.1Minnesota Statutes, section 446A.075. This
3.2appropriation is available until spent.

3.3

Sec. 4. POLLUTION CONTROL AGENCY.

$

16,503,000

$

23,688,000

3.4(a) $9,000,000 the first year and $9,000,000
3.5the second year is to develop total maximum
3.6daily load (TMDL) studies and TMDL
3.7implementation plans for waters listed on
3.8the United States Environmental Protection
3.9Agency approved impaired waters list in
3.10accordance with Minnesota Statutes, chapter
3.11114D. The agency shall complete an average
3.12of ten percent of the TMDLs each year over
3.13the biennium.
3.14(b) $500,000 the first year and $1,188,000
3.15the second year are for development of an
3.16enhanced TMDL database to manage and
3.17track progress. Of this amount, $63,000 the
3.18first year is to promulgate rules.
3.19(c) $1,500,000 the first year and $3,500,000
3.20the second year are for grants under
3.21Minnesota Statutes, section 116.195, to
3.22political subdivisions for up to 50 percent
3.23of the costs to predesign, design, and
3.24implement capital projects that use treated
3.25municipal wastewater instead of groundwater
3.26from drinking water aquifers, in order to
3.27demonstrate the beneficial use of wastewater,
3.28including the conservation and protection of
3.29water resources.
3.30(d) $750,000 the first year and $1,500,000 the
3.31second year are for groundwater assessment
3.32and drinking water protection to include:
3.33(1) the installation and sampling of at least
3.3430 new monitoring wells;
4.1(2) the analysis of samples from at least 40
4.2shallow monitoring wells each year for the
4.3presence of endocrine disrupting compounds;
4.4and
4.5(3) the completion of at least four to
4.6five ground water models for TMDL and
4.7watershed plans.
4.8(e) $348,000 the first year is to retest the
4.9comprehensive assessment of the biological
4.10conditions of the lower Minnesota River and
4.11its tributaries within the Lower Minnesota
4.12River Major Watershed, as previously
4.13assessed from 1976 to 1992 under the
4.14Minnesota River Assessment Project
4.15(MRAP). The assessment must include the
4.16same fish species sampling at the same 116
4.17locations and the same macroinvertebrate
4.18sampling at the same 41 locations as the
4.19MRAP assessment. The assessment must:
4.20(1) include an analysis of the findings; and
4.21(2) identify factors that limit aquatic life in
4.22the Minnesota River.
4.23(f) $2,500,000 the first year and $7,500,000
4.24the second year are for the clean water
4.25partnership program. Priority shall be given
4.26to projects preventing impairments and
4.27degradation of lakes, rivers, streams, and
4.28groundwater in accordance with Minnesota
4.29Statutes, section 114D.20, subdivision 2,
4.30clause (4). Any balance remaining in the first
4.31year does not cancel and is available for the
4.32second year.
4.33(g) $1,000,000 the first year is to establish a
4.34network of water monitoring sites in public
4.35waters adjacent to wastewater treatment
5.1facilities across the state to assess levels of
5.2endocrine-disrupting compounds, antibiotic
5.3compounds, and pharmaceuticals as required
5.4in this act.
5.5(h) $155,000 the first year is to provide
5.6notification of the potential for coal tar
5.7contamination, establish a storm water
5.8pond inventory schedule, and develop best
5.9management practices for treating and
5.10cleaning up contaminated sediments as
5.11required in this act. $1,000,000 the second
5.12year is to develop a model ordinance for the
5.13restricted use of undiluted coal tar sealants
5.14and to provide grants to local units of
5.15government for up to 50 percent of the costs
5.16to implement best management practices to
5.17treat or clean up contaminated sediments
5.18in storm water ponds and other waters as
5.19defined under this act. Local governments
5.20must have adopted an ordinance for the
5.21restricted use of undiluted coal tar sealants
5.22in order to be eligible for a grant, unless a
5.23statewide restriction has been implemented.
5.24A grant awarded under this paragraph must
5.25not exceed $100,000.
5.26(i) $750,000 in fiscal year 2010 is for a
5.27restoration project in the lower St. Louis
5.28River and Duluth harbor.
5.29Notwithstanding Minnesota Statutes, section
5.3016A.28, the appropriations encumbered on or
5.31before June 30, 2011, as grants or contracts
5.32in this subdivision are available until June
5.3330, 2013.

5.34 5.35

Sec. 5. DEPARTMENT OF NATURAL RESOURCES.

$

5,208,000

$

9,566,000

6.1(a) $1,050,000 the first year and $1,665,000
6.2the second year are for work assisting in
6.3water quality assessment, total maximum
6.4daily load study and implementation, and
6.5watershed restoration and protection.
6.6(b) $375,000 the first year and $750,000 the
6.7second year are for drinking water planning
6.8and protection activities.
6.9(c) $950,000 the second year is for work
6.10assisting in water quality assessment,
6.11total maximum daily load study and
6.12implementation, and watershed restoration
6.13and protection in accordance with Minnesota
6.14Statutes, chapter 114D.
6.15(d) $1,058,000 the first year and $1,601,000
6.16the second year are for work assisting in
6.17water quality assessment, total maximum
6.18daily load study and implementation, and
6.19watershed restoration and protection in
6.20accordance with Minnesota Statutes, chapter
6.21114D.
6.22(f) $2,500,000 the first year and $2,500,000
6.23the second year are to acquire and distribute
6.24high-resolution digital elevation data to be
6.25used to predict water and sediment flows,
6.26and for planning and installation measures to
6.27clean up impaired waters. The data will be
6.28collected for areas of the state that have not
6.29acquired such data prior to January 1, 2007,
6.30or to complete acquisition and distribution
6.31of the data for those areas of the state that
6.32have not previously received state funds for
6.33acquiring and distributing the data. Mapping
6.34and data set distribution under this paragraph
6.35must be completed within three years of
7.1funds availability. The commissioner shall
7.2utilize department staff whenever possible.
7.3The commissioner may contract for services
7.4only if they cannot otherwise be provided by
7.5the department.
7.6(g) $225,000 the first year and $225,000
7.7the second year are to adopt rules for the
7.8Mississippi River corridor critical area
7.9under Minnesota Statutes, section 116G.15.
7.10The commissioner shall begin rulemaking
7.11under chapter 14 no later than January 15,
7.122010. At least 30 days prior to beginning
7.13the rulemaking, the commissioner shall
7.14notify local units of government within the
7.15Mississippi River corridor critical area of
7.16the intent to adopt rules. The local units of
7.17government shall make reasonable efforts
7.18to notify owners of property within the
7.19Mississippi River corridor critical area
7.20of the proposed schedule for rulemaking,
7.21opportunities for public comment, and
7.22contact information for the appropriate
7.23department staff. The commissioner shall
7.24maintain a listserv of interested parties
7.25to provide timely information about
7.26the proposed schedule for rulemaking,
7.27opportunities for public comment, and
7.28contact information for the appropriate
7.29department staff.
7.30(h) $1,875,000 the second year is
7.31to investigate physical and recharge
7.32characteristics as part of the collection
7.33and interpretation of subsurface geological
7.34information and acceleration of the county
7.35geologic atlas program. This appropriation
7.36represents a continuing effort to complete
8.1the county geologic atlases throughout the
8.2state in order to provide information and
8.3assist in planning for the sustainable use
8.4of ground and surface water that does not
8.5harm ecosystems, degrade water quality, or
8.6compromise the ability of future generations
8.7to meet their own needs. This appropriation
8.8is available until December 31, 2014.

8.9 8.10

Sec. 6. BOARD OF WATER AND SOIL RESOURCES.

$

7,500,000

$

15,937,000

8.11(a) $1,500,000 the first year and $5,000,000
8.12the second year are to purchase and restore
8.13permanent conservation easements on
8.14riparian buffers of up to 100 feet adjacent
8.15to public waters, excluding wetlands, to
8.16keep water on the land in order to decrease
8.17sediment, pollutant and nutrient transport,
8.18reduce hydrologic impacts to surface waters,
8.19and increase infiltration for groundwater
8.20recharge. The riparian buffers must be
8.21at least 50 feet unless there is a natural
8.22impediment, a road, or other impediment
8.23beyond the control of the landowner. This
8.24appropriation may be used for restoration
8.25of riparian buffers protected by easements
8.26purchased with this appropriation and for
8.27stream bank restorations when the riparian
8.28buffers have been restored. Up to five
8.29percent may be used for administration of
8.30this program.
8.31(b) $1,500,000 the first year and $4,424,000
8.32the second year are for grants to watershed
8.33districts and watershed management
8.34organizations for the installation of proven
8.35and effective water retention practices
9.1including, but not limited to, rain gardens
9.2and other vegetated infiltration basins,
9.3and sediment control basins in order to
9.4keep water on the land. The projects must
9.5be of long-lasting public benefit, include
9.6a local match, and be consistent with
9.7TMDL implementation plans or local water
9.8management plans. Watershed district and
9.9watershed management organization staff
9.10and administration may be used for local
9.11match. Priority may be given to school
9.12projects that can be used to demonstrate
9.13water retention practices. Up to five percent
9.14may be used for administering the grants.
9.15(c) $1,500,000 the first year and $4,500,000
9.16the second year are for nonpoint source
9.17pollution reduction and restoration
9.18grants to watershed districts, watershed
9.19management organizations, and soil and
9.20water conservation districts for grants in
9.21addition to grants available under paragraphs
9.22(a) and (b) to keep water on the land and
9.23to protect, enhance, and restore water
9.24quality in lakes, rivers, and streams, and
9.25to protect groundwater and drinking water.
9.26The projects must be of long-lasting public
9.27benefit, include a local match, and be
9.28consistent with TMDL implementation plans
9.29or local water management plans. Up to five
9.30percent may be used for administering the
9.31grants.
9.32(d) $500,000 the first year and $1,500,000 the
9.33second year are for permanent conservation
9.34easements on wellhead protection areas
9.35under Minnesota Statutes, section 103F.515,
9.36subdivision 2, paragraph (d). Priority must
10.1be placed on land that is located where
10.2the vulnerability of the drinking water
10.3supply management area, as defined under
10.4Minnesota Rules, part 4720.5100, subpart
10.513, is designated as high or very high by the
10.6commissioner of health.
10.7(e) $1,000,000 the first year and $2,000,000
10.8the second year are for feedlot water quality
10.9improvement grants for feedlots under 300
10.10animal units on riparian land, to include
10.11water quality assessment to determine the
10.12effectiveness of the grants in protecting,
10.13enhancing, and restoring water quality in
10.14lakes, rivers, and streams, and in protecting
10.15groundwater from degradation.
10.16The board shall contract for services with
10.17the Minnesota Conservation Corps for
10.18restoration, maintenance, and other activities
10.19under this section for at least $500,000 the
10.20first year and $500,000 the second year.
10.21The board shall give priority consideration
10.22to projects and practices that complement,
10.23supplement, or exceed current state standards
10.24for protection, enhancement, and restoration
10.25of water quality in lakes, rivers, and streams
10.26or that protect groundwater from degradation.
10.27To the extent possible, any restoration
10.28conducted with money appropriated in this
10.29section must plant vegetation or sow seed
10.30only of ecotypes native to Minnesota, and
10.31preferably of the local ecotype, using a high
10.32diversity of species originating from as
10.33close to the restoration site as possible, and
10.34protect existing native prairies from genetic
10.35contamination.
11.1The board shall submit a report on the
11.2expenditure and use of money appropriated
11.3under this section to the chairs of the house
11.4of representatives and senate committees
11.5with jurisdiction over environment and
11.6natural resources and environment and
11.7natural resources finance by March 1 of
11.8each year. The report must provide detail
11.9on: the expenditure of funds, including
11.10maps; the effectiveness of the expenditures
11.11in protecting, enhancing, and restoring water
11.12quality in lakes, rivers, and streams and
11.13protecting groundwater from degradation;
11.14and the effectiveness of the expenditures in
11.15keeping water on the land.

11.16

Sec. 7. DEPARTMENT OF HEALTH.

$

1,250,000

$

2,500,000

11.17(a) $805,000 in fiscal year 2010 and
11.18$1,610,000 in fiscal year 2012 are for
11.19protection of drinking water sources,
11.20including assisting 30 or more communities
11.21in fiscal year 2010 and 60 or more
11.22communities in fiscal year 2011 with
11.23the development and implementation of
11.24community source water protection plans
11.25before new community wells are installed,
11.26and awarding ten or more communities in
11.27fiscal year 2010 and 20 or more communities
11.28in fiscal year 2011 with source water
11.29protection implementation grants.
11.30(b) $445,000 in fiscal year 2010 and $890,000
11.31in fiscal year 2011 are for addressing public
11.32health concerns related to contaminants
11.33found in Minnesota drinking water for which
11.34no health-based drinking water standard
11.35exists. The commissioner shall characterize
12.1and issue health-based guidance for three or
12.2more additional unregulated drinking water
12.3contaminants in fiscal year 2010, and seven
12.4or more additional unregulated drinking
12.5water contaminants in fiscal year 2011.

12.6

Sec. 8. UNIVERSITY OF MINNESOTA.

$

750,000

$

820,000

12.7(a) $820,000 the second year is for the
12.8geological survey to continue and to initiate
12.9the production of county geologic atlases.
12.10This appropriation represents a continuing
12.11effort to complete the county geologic atlases
12.12throughout the state in order to provide
12.13information and assist in planning for the
12.14sustainable use of ground and surface water
12.15that does not harm ecosystems, degrade
12.16water quality, or compromise the ability
12.17of future generations to meet their own
12.18needs. This appropriation is available until
12.19December 31, 2014.
12.20(b) $750,000 the first year is to develop a
12.21comprehensive statewide sustainable water
12.22resources 25-year detailed framework.

12.23

Sec. 9. LEGISLATURE.

$

117,000

$

99,000

12.24$117,000 the first year and $99,000
12.25the second year are for the Legislative
12.26Coordinating Commission to establish
12.27and operate the new Office of Public
12.28Accountability for Constitutionally
12.29Dedicated Funding as required under
12.30Minnesota Statutes, section 3.303,
12.31subdivision 10, and for the legislative auditor
12.32to conduct restoration audits under Minnesota
12.33Statutes, section 3.971, subdivision 9.

13.1    Sec. 10. Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:
13.2    Subd. 2. Eligible land. (a) Land may be placed in the conservation reinvest in
13.3Minnesota reserve program if the land meets the requirements of paragraphs (b) and
13.4(c) or paragraph (d).
13.5(b) Land is eligible if the land:
13.6(1) is marginal agricultural land;
13.7(2) is adjacent to marginal agricultural land and is either beneficial to resource
13.8protection or necessary for efficient recording of the land description;
13.9(3) consists of a drained wetland;
13.10(4) is land that with a windbreak or water quality improvement practice would be
13.11beneficial to resource protection;
13.12(5) is land in a sensitive groundwater area;
13.13(6) is riparian land;
13.14(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to
13.15four acres of cropland or one acre of noncropland for each acre of wetland restored;
13.16(8) is a woodlot on agricultural land;
13.17(9) is abandoned building site on agricultural land, provided that funds are not used
13.18for compensation of the value of the buildings; or
13.19(10) is land on a hillside used for pasture that is marginal in nature.
13.20(c) Eligible land under paragraph (a) must:
13.21(1) be owned by the landowner, or a parent or other blood relative of the landowner,
13.22for at least one year before the date of application;
13.23(2) be at least five acres in size, except for a drained wetland area, riparian area,
13.24windbreak, woodlot, wellhead protection area, or abandoned building site, or be a whole
13.25field as defined by the United States Agricultural Stabilization and Conservation Services;
13.26(3) not be set aside, enrolled or diverted under another federal or state government
13.27program unless enrollment in the conservation reinvest in Minnesota reserve program
13.28would provide additional conservation benefits or a longer term of enrollment than under
13.29the current federal or state program; and
13.30(4) have been in agricultural crop production for at least two of the last five
13.31years before the date of application except drained wetlands, riparian lands, woodlots,
13.32abandoned building sites, environmentally sensitive areas, wellhead protection areas, or
13.33land on a hillside used for pasture.
13.34(d) In selecting drained wetlands for enrollment in the program, the highest priority
13.35must be given to wetlands with a cropping history during the period 1976 to 1985. Land
13.36is eligible if the land is a wellhead protection area as defined under section 103I.005,
14.1subdivision 24, and has a wellhead protection plan approved by the commissioner of
14.2health.
14.3(e) In selecting land for enrollment in the program, highest priority must be given to
14.4permanent easements that are consistent with the purposes stated in section 103F.505.

14.5    Sec. 11. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
14.6    Subd. 4. Nature of property rights acquired. (a) A conservation easement must
14.7prohibit:
14.8(1) alteration of wildlife habitat and other natural features, unless specifically
14.9approved by the board;
14.10(2) agricultural crop production and livestock grazing, unless specifically approved
14.11by the board for wildlife conservation management purposes; and
14.12(3) grazing of livestock except, for agreements entered before the effective date of
14.13Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
14.14board after consultation with the commissioner of natural resources, in the case of severe
14.15drought, or a local emergency declared under section 12.29; and
14.16(4) (3) spraying with chemicals or mowing, except:
14.17(i) as necessary to comply with noxious weed control laws or;
14.18(ii) for emergency control of pests necessary to protect public health; or
14.19(iii) as approved by the board for conservation management purposes.
14.20(b) A conservation easement is subject to the terms of the agreement provided in
14.21subdivision 5.
14.22(c) A conservation easement must allow repairs, improvements, and inspections
14.23necessary to maintain public drainage systems provided the easement area is restored to
14.24the condition required by the terms of the conservation easement.
14.25(d) Notwithstanding paragraph (a), the board must permit the harvest of native
14.26grasses for use in seed production or bioenergy on wellhead protection lands eligible
14.27under subdivision 2, paragraph (d).

14.28    Sec. 12. Minnesota Statutes 2008, section 114D.50, is amended to read:
14.29114D.50 CLEAN WATER FUND.
14.30    Subdivision 1. Establishment. The clean water fund is established in the Minnesota
14.31Constitution, article XI, section 15. All money earned by the fund must be credited to
14.32the fund.
14.33    Subd. 2. Sustainable drinking water account. The sustainable drinking water
14.34account is established as an account in the clean water fund.
15.1    Subd. 3. Purpose. (a) The clean water fund may be spent only to protect, enhance,
15.2and restore water quality in lakes, rivers, and streams, to protect groundwater from
15.3degradation, and to protect drinking water sources by:
15.4(1) providing additional grants, loans, and technical assistance to public agencies
15.5and others who are participating in the process of testing waters, identifying impaired
15.6waters, developing total maximum daily loads, implementing restoration plans for
15.7impaired waters, and evaluating the effectiveness of restoration;
15.8(2) supporting additional measures to prevent surface waters from becoming
15.9impaired and to improve the quality of waters that are listed as impaired, but do not have
15.10an approved total maximum daily load addressing the impairment;
15.11(3) providing additional grants and loans for wastewater and storm water treatment
15.12projects through the Public Facilities Authority;
15.13(4) supporting additional measures to prevent the degradation of groundwater in
15.14accordance with the groundwater degradation prevention goal under section 103H.001; and
15.15(5) providing additional funds to state agencies to carry out their responsibilities,
15.16including enhanced compliance and enforcement, under this chapter.
15.17(b) Funds from the clean water fund must supplement traditional sources of funding
15.18for these purposes and may not be used as a substitute.

15.19    Sec. 13. [116.201] COAL TAR.
15.20A state agency may not purchase undiluted coal tar sealant. For the purposes of this
15.21section, "undiluted coal tar sealant" means a sealant material containing coal tar that
15.22has not been mixed with asphalt and is for use on asphalt surfaces, including driveways
15.23and parking lots.
15.24EFFECTIVE DATE.This section is effective July 1, 2010.

15.25    Sec. 14. Minnesota Statutes 2008, section 116G.15, is amended to read:
15.26116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
15.27    Subdivision 1. Establishment; purpose. (a) The federal Mississippi National
15.28River and Recreation Area established pursuant to United States Code, title 16, section
15.29460zz-2(k), is designated an area of critical concern in accordance with this chapter. The
15.30governor shall review the existing Mississippi River critical area plan and specify any
15.31additional standards and guidelines to affected communities in accordance with section
15.32116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of
15.33the area pending the completion of the federal plan. The purpose of the designation is to:
16.1(1) protect and preserve the Mississippi River and adjacent lands that the legislature
16.2finds to be unique, valuable, and dynamic and environmental state and regional resources
16.3for the benefit of the health, safety, and welfare of the citizens of the state, region, and
16.4nation;
16.5(2) prevent and mitigate irreversible damages to the natural resources listed under
16.6clause (1);
16.7(3) preserve and enhance the natural, aesthetic, cultural, recreational, and historical
16.8values of the Mississippi River and its corridor for public use and benefit;
16.9(4) protect and preserve the Mississippi River and its corridor as an essential element
16.10in the national, state, and regional transportation, sewer and water, and recreational
16.11systems; and
16.12(5) protect and preserve the biological and ecological functions of the Mississippi
16.13River and its corridor.
16.14The results of an environmental impact statement prepared under chapter 116D
16.15begun before and completed after July 1, 1994, for a proposed project that is located in
16.16the Mississippi River critical area north of the United States Army Corps of Engineers
16.17Lock and Dam Number One must be submitted in a report to the chairs of the environment
16.18and natural resources policy and finance committees of the house of representatives
16.19and the senate prior to the issuance of any state or local permits and the authorization
16.20for an issuance of any bonds for the project. A report made under this paragraph shall
16.21be submitted by the responsible governmental unit that prepared the environmental
16.22impact statement, and must list alternatives to the project that are determined by the
16.23environmental impact statement to be economically less expensive and environmentally
16.24superior to the proposed project and identify any legislative actions that may assist in the
16.25implementation of environmentally superior alternatives. This paragraph does not apply
16.26to a proposed project to be carried out by the Metropolitan Council or a metropolitan
16.27agency as defined in section 473.121.
16.28(b) If the results of an environmental impact statement required to be submitted by
16.29paragraph (a) indicate that there is an economically less expensive and environmentally
16.30superior alternative, then no member agency of the Environmental Quality Board shall
16.31issue a permit for the facility that is the subject of the environmental impact statement,
16.32other than an economically less expensive and environmentally superior alternative,
16.33nor shall any government bonds be issued for the facility, other than an economically
16.34less expensive and environmentally superior alternative, until after the legislature has
16.35adjourned its regular session sine die in 1996.
17.1    Subd. 2. Administration; rules. (a) The commissioner of natural resources may
17.2adopt such rules pursuant to chapter 14 as are necessary for the administration of the
17.3Mississippi River corridor critical area program. Duties of the Environmental Quality
17.4Council or the Environmental Quality Board referenced in this chapter and related rules
17.5and in the governor's executive order number 79-19, published in the State Register on
17.6March 12, 1979, related to the Mississippi River corridor critical area shall be the duties of
17.7the commissioner. All rules adopted by the board pursuant to these duties remain in effect
17.8and shall be enforced until amended or repealed by the commissioner in accordance with
17.9law. The commissioner shall work in consultation with the United States Army Corps
17.10of Engineers, the National Park Service, the Metropolitan Council, other agencies, local
17.11units of government, and other interested parties to ensure that the Mississippi River
17.12corridor critical area is managed in a way that:
17.13(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
17.14and historic resources and functions of the river corridor;
17.15(2) maintains the river channel for transportation by providing and maintaining
17.16barging and fleeting areas in appropriate locations consistent with the character of the
17.17Mississippi River and riverfront;
17.18(3) provides for the continuation and development of a variety of urban uses,
17.19including industrial and commercial uses, and residential uses, where appropriate, within
17.20the Mississippi River and its corridor;
17.21(4) utilizes certain reaches of the river as a source of water supply and for receiving
17.22wastewater effluents and discharges that meet all applicable standards; and
17.23(5) protects and preserves the biological and ecological functions of the Mississippi
17.24River and its corridor.
17.25(b) The Metropolitan Council shall incorporate the standards developed under
17.26this section into its planning and shall work with local units of government and the
17.27commissioner to ensure the standards are being adopted and implemented appropriately.
17.28    Subd. 3. Districts. The commissioner shall establish districts within the Mississippi
17.29River corridor critical area. The commissioner must seek to minimize the number of
17.30districts within any one municipality and take into account existing ordinances. The
17.31commissioner shall consider the following when establishing the districts:
17.32(1) the protection of the major features of the river in existence as of March 12, 1979;
17.33(2) the protection of improvements such as parks, trails, natural areas, recreational
17.34areas, and interpretive centers;
17.35(3) the use of the Mississippi River as a source of drinking water;
18.1(4) the protection of resources identified in the Mississippi National River and
18.2Recreation Area Comprehensive Management Plan;
18.3(5) the protection of resources identified in comprehensive plans developed by
18.4counties, cities, and towns within the Mississippi River corridor critical area;
18.5(6) the intent of the Mississippi River corridor critical area land use districts from
18.6the governor's executive order number 79-19, published in the State Register on March
18.712, 1979; and
18.8(7) identified scenic, geologic, and ecological resources.
18.9    Subd. 4. Standards. (a) The commissioner shall establish minimum guidelines and
18.10standards for the districts established in subdivision 3. The guidelines and standards
18.11for each district shall include the intent of each district, key resources, and features to
18.12be protected or enhanced based upon paragraph (b), permitted uses, and dimensional
18.13and performance standards for development. The commissioner must take into account
18.14existing ordinances when developing the guidelines and standards under this section. The
18.15commissioner may provide certain exceptions and criteria for standards, including, but
18.16not limited to, exceptions for river access facilities, water supply facilities, storm water
18.17facilities, wastewater treatment facilities, and hydropower facilities.
18.18(b) The guidelines and standards must protect or enhance the following key
18.19resources and features:
18.20(1) floodplains;
18.21(2) wetlands;
18.22(3) gorges;
18.23(4) areas of confluence with key tributaries;
18.24(5) natural drainage routes;
18.25(6) shorelines and riverbanks;
18.26(7) bluffs;
18.27(8) steep slopes and very steep slopes;
18.28(9) unstable soils and bedrock;
18.29(10) significant existing vegetative stands, tree canopies, and native plant
18.30communities;
18.31(11) scenic views and vistas;
18.32(12) publicly owned parks, trails, and open spaces;
18.33(13) cultural and historic sites and structures; and
18.34(14) water quality.
18.35(c) The commissioner shall establish a map to define bluffs and bluff-related features
18.36within the Mississippi River corridor critical area. At the outset of the rulemaking process,
19.1the commissioner shall create a preliminary map of all the bluffs and bluff lines within
19.2the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
19.3rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
19.4commissioner may add to or remove areas of demonstrably unique or atypical conditions
19.5that warrant special protection or exemption. At the end of the rulemaking process, the
19.6commissioner shall adopt a final bluff map that contains associated features, including
19.7bluff lines, bases of bluffs, steep slopes, and very steep slopes.
19.8(d) The following guidelines shall be used by the commissioner to create a
19.9preliminary bluff map as part of the rulemaking process:
19.10(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
19.11bluff is a high, steep, natural topographic feature such as a broad hill, cliff, or embankment
19.12with a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
19.13base and the bluff line;
19.14(2) "bluff line" means a line delineating the top of a slope connecting the points
19.15at which the slope becomes less than 18 percent. More than one bluff line may be
19.16encountered proceeding upslope from the river valley;
19.17(3) "bluff base" means a line delineating the bottom of a slope connecting the points
19.18at which the slope becomes 18 percent or greater. More than one bluff base may be
19.19encountered proceeding landward from the water;
19.20(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
19.21topographic features with an average slope of 12 to 18 percent measured over a horizontal
19.22distance of 50 feet or more; and
19.23(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
19.24natural topographic features with an average slope of 18 percent or greater, measured over
19.25a horizontal distance of 50 feet or more.
19.26    Subd. 5. Application. The standards established under this section shall be used:
19.27(1) by local units of government when preparing or updating plans or modifying
19.28regulations;
19.29(2) by state and regional agencies for permit regulation and in developing plans
19.30within their jurisdiction;
19.31(3) by the Metropolitan Council for reviewing plans, regulations, and development
19.32permit applications; and
19.33(4) by the commissioner when approving plans, regulations, and development
19.34permit applications.
19.35    Subd. 6. Notification; fees. (a) A local unit of government or a regional or state
19.36agency shall notify the commissioner of natural resources of all developments in the
20.1corridor that require discretionary actions under their rules at least ten days before taking
20.2final action on the application. A local unit of government or agency failing to notify the
20.3commissioner at least ten days before taking final action shall submit a late fee of $50
20.4to the commissioner. The commissioner may establish exemptions from the notification
20.5requirement for certain types of applications. For purposes of this section, a discretionary
20.6action includes all actions that require a public hearing, including variances, conditional
20.7use permits, and zoning amendments.
20.8(b) The commissioner shall recover costs of reviewing information submitted under
20.9paragraph (a). Amounts collected under this paragraph must be credited to an account in
20.10the natural resources fund and are appropriated to the commissioner.
20.11    Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
20.12section. By January 15, 2010, the commissioner shall begin the rulemaking required
20.13by this section under chapter 14. Until the rules required under this section take effect,
20.14the commissioner shall administer the Mississippi River corridor critical area program
20.15in accordance with the governor's executive order number 79-19, published in the State
20.16Register on March 12, 1979.

20.17    Sec. 15. ENDOCRINE DISRUPTOR MONITORING.
20.18(a) The commissioner of the Pollution Control Agency shall establish a network of
20.19water monitoring sites in public waters adjacent to wastewater treatment facilities across
20.20the state to assess levels of endocrine disrupting compounds, antibiotic compounds, and
20.21pharmaceuticals.
20.22(b) Each of the monitoring sites must provide enhanced monitoring of the effluent
20.23at the discharge point of the wastewater treatment facility and monitoring of the public
20.24waters above and below the discharge point.
20.25(c) The monitoring sites must be located throughout the state, represent a variety of
20.26wastewater treatment facility sizes based on the number of gallons of water discharged per
20.27day, and represent a variety of waste treatment systems used for primary, secondary, and
20.28tertiary disinfecting treatment and management of biosolids.
20.29(d) In establishing the monitoring network, the commissioner of the Pollution
20.30Control Agency must consult with the commissioners of health and natural resources, the
20.31United States Geological Survey, the Metropolitan Council, local wastewater treatment
20.32facility operators, and the Water Resources Center at the University of Minnesota.
20.33Consideration may be given to monitoring sites at facilities identified as part of a total
20.34maximum daily load study and facilities located on a water body identified for enhanced
20.35protection. The initial monitoring network must include at least ten sites.
21.1(e) Monitoring must include, but is not limited to, endocrine-disrupting compounds
21.2from natural and synthetic hormones, pharmaceuticals, personal care products, and
21.3a range of industrial products and by-products. At a minimum, concentrations of
21.4estrone, nonylphenol, bisphenol-A, 17-beta-estradiol, 17-alpha-ethynylestradiol, estriol,
21.5and antibacterial triclosan must be monitored. Additional compounds, antibacterial
21.6compounds, and pharmaceuticals potentially impacting human health and aquatic
21.7communities may be considered for identification and monitoring including, but not
21.8limited to, nonylphenol ethoxylates, octylphenol, and octylphenol ethoxylates; the
21.9hormones androstenedione, trenbelone, and diethylphthalate; antidepressant medications,
21.10including fluoxetine and fluvoxamine; carbamazepine; and triclocarban.
21.11(f) The commissioner of the Pollution Control Agency shall begin the monitoring
21.12and testing required under this section no later than November 1, 2009. Information
21.13about requirements under this section and the results from the monitoring and testing
21.14must be available on the agency's Web site by June 1, 2010. The commissioner shall
21.15submit a preliminary report on the results of the monitoring and testing to the chairs of the
21.16legislative committees with jurisdiction over environment and natural resources policy
21.17and finance by April 15, 2010, and a final report no later than January 15, 2011.

21.18    Sec. 16. COAL TAR; NOTIFICATION, INVENTORY, AND BEST
21.19MANAGEMENT PRACTICES.
21.20(a) By January 15, 2010, the commissioner of the Pollution Control Agency shall
21.21notify state agencies and local units of government of the potential for contamination of
21.22constructed storm water ponds and wetlands or natural ponds used for the collection
21.23of storm water via constructed conveyances with polycyclic aromatic hydrocarbons
21.24from the use of coal tar sealant products. For the purpose of this section, a storm water
21.25pond is a treatment pond constructed and operated for water quality treatment, storm
21.26water detention, and flood control. Storm water ponds do not include areas of temporary
21.27ponding, such as ponds that exist only during a construction project or short-term
21.28accumulations of water in road ditches.
21.29(b) By January 15, 2010, the commissioner of the Pollution Control Agency shall
21.30establish a schedule and information requirements for state agencies and local units of
21.31government regulated under a national pollutant discharge elimination system/state
21.32disposal system permit for municipal separate storm sewer systems to report to the
21.33commissioner of the Pollution Control Agency on all storm water ponds and other waters
21.34defined in paragraph (a) located within their jurisdiction.
22.1(c) The commissioner of the Pollution Control Agency shall develop best
22.2management practices for state agencies and local units of government regulated under a
22.3national pollutant discharge elimination system/state disposal system permit for municipal
22.4separate storm sewer systems treating or cleaning up contaminated sediments in storm
22.5water ponds and other waters defined under paragraph (a) and make the best management
22.6practices available on the agency's Web site. As part of the development of the best
22.7management practices, the commissioner shall:
22.8(1) sample a set of storm water pond sediments in residential, commercial, and
22.9industrial areas for polycyclic aromatic hydrocarbons and other contaminants of potential
22.10concern;
22.11(2) investigate the feasibility of screening methods to provide more cost-effective
22.12analytical results and to identify which kinds of ponds are likely to have the highest
22.13concentrations of polycyclic aromatic hydrocarbons; and
22.14(3) develop guidance on testing, treatment, removal, and disposal of polycyclic
22.15aromatic hydrocarbon contaminated sediments.
22.16(d) The commissioner of the Pollution Control Agency shall incorporate the
22.17requirements for inventory and best management practices specified in paragraphs (b)
22.18and (c) into the next permitting cycle for the national pollutant discharge elimination
22.19system/state disposal system permit for municipal separate storm sewer systems.