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Minnesota Legislature

Office of the Revisor of Statutes

HF 2128

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:59am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/25/2009

Current Version - as introduced

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A bill for an act
relating to state government; appropriating money from the clean water fund for
clean water legacy activities.

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

Section 1. new text begin SUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations from the clean
water fund, by agency, made in this act.
new text end

new text begin 2010
new text end
new text begin 2011
new text end
new text begin Total
new text end
new text begin Pollution Control Agency
new text end
new text begin $
new text end
new text begin 17,488,000
new text end
new text begin $
new text end
new text begin 18,470,000
new text end
new text begin $
new text end
new text begin 35,958,000
new text end
new text begin Department of Natural
Resources
new text end
new text begin 3,382,000
new text end
new text begin 3,705,000
new text end
new text begin 7,087,000
new text end
new text begin Board of Water and Soil
Resources
new text end
new text begin 22,416,000
new text end
new text begin 28,120,000
new text end
new text begin 50,536,000
new text end
new text begin Department of Agriculture
new text end
new text begin 6,265,000
new text end
new text begin 1,940,000
new text end
new text begin 8,205,000
new text end
new text begin Department of Health
new text end
new text begin 1,461,000
new text end
new text begin 1,790,000
new text end
new text begin 3,251,000
new text end
new text begin Metropolitan Council
new text end
new text begin new text end new text begin 334,000
new text end
new text begin 405,000
new text end
new text begin 739,000
new text end
new text begin Public Facilities Authority
new text end
new text begin 18,160,000
new text end
new text begin 28,030,000
new text end
new text begin 46,190,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 69,506,000
new text end
new text begin $
new text end
new text begin 82,460,000
new text end
new text begin $
new text end
new text begin 151,966,000
new text end

Sec. 2. new text beginCLEAN WATER FUND APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the clean
water fund, and are available for the fiscal years indicated for allowable activities under
the Minnesota Constitution, article XI, section 15. The figures "2010" and "2011" used
in this act mean that the appropriation listed under them are available for the fiscal year
ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year 2010.
"The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and 2011.
The appropriations in this act are onetime.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 3. new text beginPOLLUTION CONTROL AGENCY
new text end

new text begin $
new text end
new text begin 17,488,000
new text end
new text begin $
new text end
new text begin 18,470,000
new text end

new text begin (a) $5,964,000 the first year and $6,670,000
the second year are for statewide assessment
and monitoring of surface water quality and
trends.
new text end

new text begin (b) $9,000,000 the first year and $9,000,000
the second year are for total maximum daily
load (TMDL) development and TMDL
implementation plans for waters listed on
the United States Environmental Protection
Agency approved Impaired Waters List in
accordance with Minnesota Statutes, chapter
114D.
new text end

new text begin (c) $1,500,000 the first year and $2,000,000
the second year are for civic engagement in
TMDL development.
new text end

new text begin (d) $678,000 the first year and $800,000 the
second year are for groundwater assessment
and drinking water protection.
new text end

new text begin (e) $346,000 the first year is for endocrine
disruptor monitoring and analysis. The
agency shall monitor and analyze endocrine
disruptors in surface waters in at least 20
additional sites. The data must be placed on
the agency's Web site.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 4. new text beginDEPARTMENT OF NATURAL
RESOURCES
new text end

new text begin $
new text end
new text begin 3,382,000
new text end
new text begin $
new text end
new text begin 3,705,000
new text end

new text begin (a) $890,000 the first year and $1,000,000
the second year are for work assisting in
water quality assessments in supporting the
identification of impaired waters.
new text end

new text begin (b) $1,305,000 the first year and $1,305,000
the second year are for TMDL development
and TMDL implementation plans for waters
listed on the United States Environmental
Protection Agency approved Impaired
Waters List in accordance with Minnesota
Statutes, chapter 114D.
new text end

new text begin (c) $848,000 the first year and $1,000,000
the second year are for nonpoint source
restoration and protection activities.
new text end

new text begin (d) $339,000 the first year and $400,000 the
second year are for groundwater assessment
and drinking water protection activities.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 5. new text beginBOARD OF WATER AND SOIL
RESOURCES
new text end

new text begin $
new text end
new text begin 22,416,000
new text end
new text begin $
new text end
new text begin 28,120,000
new text end

new text begin (a) $7,904,000 the first year and $9,940,000
the second year are for targeted nonpoint
source pollution reduction projects to restore
water quality in lakes, rivers, and streams. At
least 93 percent of this amount must be made
available for grants.
new text end

new text begin (b) $2,423,000 the first year and $3,120,000
the second year are for targeted nonpoint
restoration technical assistance and
engineering. At least 93 percent of this
amount must be made available for grants.
new text end

new text begin (c) $2,009,000 the first year and $2,610,000
the second year are for grants to implement
county subsurface sewage treatment system
(SSTS) programs, including inventories,
development of databases and systems
to insure SSTS maintenance reporting
program results to the Board of Water and
Soil Resources and the Pollution Control
Agency, and base grants. Grants are limited
to counties with ordinances adopted pursuant
to Minnesota Statutes, section 115.55,
subdivision 2.
new text end

new text begin (d) $848,000 the first year and $1,000,000
the second year are for grants to address
imminent threat and failing subsurface
sewage treatment systems.
new text end

new text begin (e) $2,523,000 the first year and $3,020,000
the second year are for feedlot water quality
grants to upgrade feedlots in riparian and
shoreland areas to address feedlot-related
water quality impacts.
new text end

new text begin (f) $3,270,000 the first year and $4,120,000
the second year are for grants to support local
nonpoint source protection activities related
to lake and river protection and management.
new text end

new text begin (g) $1,685,000 the first year and $2,010,000
the second year are for grants to implement
stream bank, stream channel, lakeshore, and
roadside protection and restoration projects.
new text end

new text begin (h) $1,500,000 the first year and $2,000,000
the second year are for grants for civic
engagement and education in water
restoration and protection activities for
nonpoint sources.
new text end

new text begin (i) $254,000 the first year and $300,000
the second year are for state oversight,
support, and accountability reporting of
local government implementation, including
an annual report prepared jointly by the
board and the commissioner of the Pollution
Control Agency to the legislature detailing
the recipients and projects funded under
paragraphs (a) to (h); the anticipated
water quality benefits of projects funded;
the relationship of restoration projects to
TMDL load allocations; the relationship
of protection projects to monitored water
quality trends; and individual county and
aggregated statewide progress in: (1)
identifying noncompliant SSTS, establishing
maintenance oversight systems, and SSTS
upgrades funded under paragraphs (c) and
(d); and (2) identifying and upgrading
open lot feedlots under 300 animal units in
shoreland.
new text end

new text begin If the appropriations in paragraphs (a) to (i) in
either year are insufficient, the appropriation
in the other year is available for it. All of
the money appropriated in paragraphs (a) to
(i) as grants to local governments shall be
administered through the Board of Water
and Soil Resources' local water resources
protection and management program under
Minnesota Statutes, section 103B.3369.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 6. new text beginDEPARTMENT OF AGRICULTURE
new text end

new text begin $
new text end
new text begin 6,265,000
new text end
new text begin $
new text end
new text begin 1,940,000
new text end

new text begin (a) $850,000 the first year and $1,000,000
the second year are for research, evaluation,
and effectiveness monitoring of agricultural
practices and load allocations and assisting
in TMDL development in restoring impaired
waters.
new text end

new text begin (b) $4,619,000 the first year is for the
agricultural best management practices loan
program. At least $4,119,000 is available
for pass-through to local governments and
lenders for low-interest loans.
new text end

new text begin (c) $254,000 the first year and $300,000 the
second year are for technical assistance in
developing TMDL plans.
new text end

new text begin (d) $339,000 the first year and $400,000 the
second year are for groundwater assessment
and drinking water protection activities.
new text end

new text begin (e) $203,000 the first year and $240,000 the
second year are for pesticide monitoring and
assessment.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 7. new text beginDEPARTMENT OF HEALTH
new text end

new text begin $
new text end
new text begin 1,461,000
new text end
new text begin $
new text end
new text begin 1,790,000
new text end

new text begin (a) $422,000 the first year and $520,000 the
second year are for additional assessment of
drinking water contaminants.
new text end

new text begin (b) $1,039,000 the first year and $1,270,000
the second year are for additional source
water protection activities.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 8. new text beginMETROPOLITAN COUNCIL
new text end

new text begin $
new text end
new text begin 334,000
new text end
new text begin $
new text end
new text begin 405,000
new text end

new text begin $334,000 the first year and $405,000 the
second year are for implementation of the
master water supply plan developed under
Minnesota Statutes, section 473.1565.
new text end

Sec. 9. new text beginPUBLIC FACILITIES AUTHORITY
new text end

new text begin $
new text end
new text begin 18,160,000
new text end
new text begin $
new text end
new text begin 28,030,000
new text end

new text begin (a) $10,200,000 the first year and
$15,260,000 the second year are for total
maximum daily loads grants under Minnesota
Statutes, section 446A.073.
new text end

new text begin (b) $5,728,000 the first year and $9,450,000
the second year are for phosphorus reduction
grants under Minnesota Statutes, section
446A.074.
new text end

new text begin (c) $2,036,000 the first year and $3,100,000
the second year are for small community
wastewater treatment grants and loans under
Minnesota Statutes, section 446A.075.
new text end

new text begin (d) $196,000 the first year and $220,000
the second year are for technical assistance
grants to small communities under the
small community treatment loan and grant
program.
new text end

Sec. 10.

Minnesota Statutes 2008, section 114D.50, is amended to read:


114D.50 CLEAN WATER FUND.

new text begin Subdivision 1. new text end

new text begin Creation. new text end

The clean water fund is established in the Minnesota
Constitution, article XI, section 15. All money earned by the fund must be credited to
the fund.

new text begin Subd. 2. new text end

new text begin Purposes. new text end

new text begin The clean water fund may be spent for the following purposes
to further the goals of this chapter:
new text end

new text begin (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,
implementing restoration plans for impaired waters, and monitoring the effectiveness
of restoration;
new text end

new text begin (2) to support measures to prevent waters from becoming impaired and to improve
the quality of waters that are listed as impaired, but do not have an approved TMDL
addressing the impairment;
new text end

new text begin (3) to provide grants and loans for wastewater and storm water treatment projects
through the Public Facilities Authority;
new text end

new text begin (4) to support the efforts of public agencies associated with subsurface sewage
treatment systems and financial assistance for upgrading and replacing the systems; and
new text end

new text begin (5) to provide funds to state agencies to carry out their responsibilities under this
chapter.
new text end