HF 3012

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to appropriations; appropriating money and supplementing
appropriations for environment and natural resources; providing for temporary
state park permits for towed vehicles; modifying state park permit requirements
and fees; providing for state forest user fees; providing for land donor appraisal
reimbursement; providing for acquisition of land for certain facilities; modifying
certain definitions; modifying forest services provided to private owners;
modifying the State Timber Act; eliminating the requirement for a comprehensive
forest resource management plan; providing for disposition of certain land sale
receipts; modifying noise standard exemptions; extending certain deadlines;
modifying application of storm water rules; establishing state policy for purchase
of hybrid vehicles; granting certain authority to the Lower Minnesota River
Watershed District; creating the Clean Water Legacy Act; creating grant and loan
programs; modifying provisions for cost-sharing contracts for erosion control
and water management; requiring reports; amending Minnesota Statutes 2004,
sections 84.085, subdivision 1; 85.052, subdivision 4; 85.053, by adding a
subdivision; 85.054, by adding subdivisions; 88.79, subdivision 1; 90.14; 90.151,
subdivisions 1, 6, by adding a subdivision; 103C.501, subdivision 5; 103I.005,
subdivision 9; 116.07, subdivision 2a; Minnesota Statutes 2005 Supplement,
sections 85.053, subdivision 2; 85.055, subdivision 1; 116.182, subdivision 2;
Laws 2003, chapter 128, article 1, section 165; Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivisions 5, 10; proposing coding for new law
in Minnesota Statutes, chapters 85; 89; 90; 446A; proposing coding for new
law as Minnesota Statutes, chapter 114D; repealing Minnesota Statutes 2004,
section 89.011, subdivisions 1, 2, 3, 6.

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

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES

APPROPRIATIONS AND POLICY CHANGES

Section 1. new text begin SUPPLEMENTAL APPROPRIATIONS.
new text end

new text begin The appropriations in this act are added to or, if shown in parentheses, subtracted
from the appropriations enacted into law by the legislature in 2005, or other specified law,
to the named agencies and for the specified programs or activities. The sums shown
are appropriated from the general fund, or another named fund, to be available for the
fiscal years indicated; 2006 is the fiscal year ending June 30, 2006, 2007 is the fiscal year
ending June 30, 2007, and the biennium is fiscal years 2006 and 2007. Supplementary
appropriations and reductions to appropriations for the fiscal year ending June 30, 2006,
are effective the day following final enactment.
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 2006 new text end		new text begin 2007 new text end

Sec. 2. NATURAL RESOURCES

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 88,000 new text end

new text begin $ new text end

new text begin 1,493,000 new text end

new text begin Summary by Fund new text end
new text begin General new text end	new text begin 88,000 new text end	new text begin 443,000 new text end
new text begin Natural Resources new text end	new text begin -0- new text end	new text begin 1,050,000 new text end

new text begin The amounts that may be spent for each
activity are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Bovine Tuberculosis new text end

new text begin $88,000 in 2006 and $132,000 in 2007 are
for bovine tuberculosis surveillance and
diagnosis to diminish the risk of disease
transmission in domestic livestock.
new text end

new text begin Subd. 3. new text end new text begin All-Terrain Vehicle Trails new text end

new text begin $400,000 in 2007 from the all-terrain vehicle
account in the natural resources fund is for
the all-terrain vehicle grant-in-aid program.
new text end

new text begin $200,000 in 2007 from the all-terrain vehicle
account in the natural resources fund is for
rehabilitation and development of all-terrain
vehicle trails.
new text end

new text begin $250,000 in 2007 from the all-terrain vehicle
account in the natural resources fund to plan
and develop the North Shore Trail from
Normana Road in St. Louis County to the
Moose Walk All-Terrain Vehicle Trail in
Lake County for all-terrain vehicle use. This
appropriation does not cancel but is available
until expended.
new text end

new text begin Subd. 4. new text end new text begin Invasive Species new text end

new text begin $261,000 in 2007 for prevention and control
of harmful invasive species.
new text end

new text begin Subd. 5. new text end new text begin Minnesota Shooting Sports Education Center new text end

new text begin $50,000 in 2007 for the operation of the
Minnesota Shooting Sports Education
Center. The commissioner may make direct
expenditures for the operation of the center
or contract with another entity to operate
the center. This appropriation is available
only to the extent matched by at least $1 of
nonstate money from gifts or grants for each
$2 of state money.
new text end

new text begin Subd. 6. new text end new text begin Corps Campsites new text end

new text begin $200,000 in 2007 is from the state park
account in the natural resources fund for
operation of recreational sites under the
jurisdiction of the U.S. Army Corps of
Engineers at Big Sandy Lake, Leech Lake,
Gull Lake, Cross Lake, Winnibigoshish
Lake, and Pokegama Lake. These sites
shall be managed as state recreation areas in
accordance with section 86A.05, subdivision
3.
new text end

Sec. 3. LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES

new text begin Subdivision 1. new text end new text begin Conservation and Preservation Plan new text end

new text begin $300,000 in 2007 from the environmental
trust fund to the Legislative Commission
on Minnesota Resources, or its successor
commission, for development of a
conservation and preservation plan
that provides a long-term, statewide,
comprehensive, and strategic effort based on
science to guide decision making.
new text end

new text begin Subd. 2. new text end new text begin Administration new text end

new text begin (a) $550,000 in 2007 is from the environment
and natural resources trust fund to the
Legislative-Citizen Commission on
Minnesota Resources for administration,
as provided in Minnesota Statutes, section
116P.09, subdivision 5.
new text end

new text begin (b) The fiscal year 2006 administrative
budget under Laws 2005, First Special
Session chapter 1, article 2, section 11,
subdivision 3, is for the Legislative
Commission on Minnesota Resources or
its successor commission, as provided
in Minnesota Statutes, section 15.039,
subdivision 6.
new text end

Sec. 4.

Minnesota Statutes 2004, section 84.085, subdivision 1, is amended to read:

Subdivision 1.

Authority.

(a) The commissioner of natural resources may accept for
and on behalf of the state any gift, bequest, devise, or grants of lands or interest in lands or
personal property of any kind or of money tendered to the state for any purpose pertaining
to the activities of the department or any of its divisions. Any money so received is hereby
appropriated and dedicated for the purpose for which it is granted. Lands and interests in
lands so received may be sold or exchanged as provided in chapter 94.

new text begin (b) When the commissioner of natural resources accepts lands or interests in land,
the commissioner may reimburse the donor for costs incurred to obtain an appraisal needed
for tax reporting purposes. If the state pays the donor for a portion of the value of the
lands or interests in lands that are donated, the reimbursement for appraisal costs shall not
exceed $1,500. If the donor receives no payment from the state for the lands or interests in
lands that are donated, the reimbursement for appraisal costs shall not exceed $5,000.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The commissioner of natural resources, on behalf of the state, may accept and
use grants of money or property from the United States or other grantors for conservation
purposes not inconsistent with the laws of this state. Any money or property so received
is hereby appropriated and dedicated for the purposes for which it is granted, and shall
be expended or used solely for such purposes in accordance with the federal laws and
regulations pertaining thereto, subject to applicable state laws and rules as to manner
of expenditure or use providing that the commissioner may make subgrants of any
money received to other agencies, units of local government, private individuals, private
organizations, and private nonprofit corporations. Appropriate funds and accounts shall be
maintained by the commissioner of finance to secure compliance with this section.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner may accept for and on behalf of the permanent school fund
a donation of lands, interest in lands, or improvements on lands. A donation so received
shall become state property, be classified as school trust land as defined in section 92.025,
and be managed consistent with section 127A.31.

Sec. 5.

new text begin [85.0145] ACQUISITION OF LAND FOR FACILITIES.
new text end

new text begin The commissioner of natural resources may acquire interests in land by gift,
purchase, or lease for facilities outside the boundaries of state parks, state recreation areas,
or state waysides that are needed for the management of state parks, state recreation areas,
or state waysides established under sections 85.012 and 85.013.
new text end

Sec. 6.

Minnesota Statutes 2004, section 85.052, subdivision 4, is amended to read:

Subd. 4.

Deposit of fees.

(a) Fees paid for providing contracted products and
services within a state park, state recreation area, or wayside, and for special state park
uses under this section shall be deposited in the natural resources fund and credited to a
state parks account.

(b) Gross receipts derived from sales, rentals, or leases of natural resources within
state parks, recreation areas, and waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the general fund.

new text begin (c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
Recreation Area shall be deposited in the dedicated accounts in the natural resource fund
from which the purchase of the stockpile material was made.
new text end

Sec. 7.

Minnesota Statutes 2005 Supplement, section 85.053, subdivision 2, is
amended to read:

Subd. 2.

Requirement.

Except as provided in section 85.054, a motor vehicle
may not enter a state park, state recreation area, or state wayside over 50 acres in area,
without a state park permit issued under this section. Except for vehicles permitted under
deleted text begin subdivision deleted text end new text begin subdivisions new text end 7, paragraph (a), clause (2), new text begin and 8, new text end the state park permit must be
affixed to the lower right corner windshield of the motor vehicle and must be completely
affixed by its own adhesive to the windshield, or the commissioner may, by written order,
provide an alternative means to display and validate annual permits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2004, section 85.053, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Towed vehicles. new text end

new text begin The commissioner shall prescribe and issue a temporary
permit for a vehicle that enters a park towed by a vehicle used for camping. The temporary
permit shall be issued with the camping permit and allows the towed vehicle to be driven
in state parks until the camping permit expires.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 9.

Minnesota Statutes 2004, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Soudan Underground Mine State Park. new text end

new text begin A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at the visitor
parking area of Soudan Underground Mine State Park.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 10.

Minnesota Statutes 2004, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Sunday church services. new text end

new text begin A state park permit is not required and a fee
may not be charged for motor vehicle entry to attend a Sunday church service held in a
state park if the motor vehicle and occupants depart the park within two hours of entry.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 11.

Minnesota Statutes 2005 Supplement, section 85.055, subdivision 1, is
amended to read:

Subdivision 1.

Fees.

The fee for state park permits for:

(1) an annual use of state parks is $25;

(2) a second vehicle state park permit is $18;

(3) a state park permit valid for one day is deleted text begin $7 deleted text end new text begin $5 new text end ;

(4) a daily vehicle state park permit for groups is deleted text begin $5 deleted text end new text begin $3 new text end ;

(5) new text begin an annual permit for motorcycles is $20;
new text end

new text begin (6) new text end an employee's state park permit is without charge; and

deleted text begin (6) deleted text end new text begin (7) new text end a state park permit for deleted text begin handicapped deleted text end new text begin disabled new text end persons under section 85.053,
subdivision 7, clauses (1) and (2), is $12.

The fees specified in this subdivision include any sales tax required by state law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 12.

Minnesota Statutes 2004, section 88.79, subdivision 1, is amended to read:

Subdivision 1.

Employment of competent foresters; service to private owners.

The commissioner of natural resources may employ competent foresters to furnish owners
of forest lands within the state of Minnesota deleted text begin owning respectively not exceeding deleted text end new text begin who own
not more than new text end 1,000 acres of deleted text begin such deleted text end new text begin forest new text end land, forest management services consisting of new text begin : new text end

new text begin (1) new text end advice in management and protection of timber, new text begin including written stewardship
and forest management plans; new text end

new text begin (2) new text end selection and marking of timber to be cut deleted text begin , deleted text end new text begin ; new text end

new text begin (3) new text end measurement of products deleted text begin , deleted text end new text begin ; new text end

new text begin (4) new text end aid in marketing harvested products deleted text begin , deleted text end new text begin ;
new text end

new text begin (5) provision of tree-planting equipment; new text end and

new text begin (6) new text end such other services as the commissioner of natural resources deems necessary or
advisable to promote maximum sustained yield of timber upon such forest lands.

Sec. 13.

new text begin [89.22] USES OF STATE FOREST LANDS; FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishing fees. new text end

new text begin Notwithstanding section 16A.1283, the
commissioner may, by written order published in the State Register, establish fees
providing for the use of state forest lands, including motorcycle, snowmobile, and sports
car rallies, races, or enduros; orienteering trials; group campouts that do not occur at
designated group camps; dog sled races; dog trials; large horse trail rides; and commercial
uses. The fees are not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply.
new text end

new text begin Subd. 2. new text end

new text begin Receipts to special revenue fund. new text end

new text begin Fees collected under subdivision 1 shall
be credited to the special revenue fund and are annually appropriated to the commissioner
for costs incurred attributable to the uses for which the fees were imposed.
new text end

Sec. 14.

Minnesota Statutes 2004, section 90.14, is amended to read:

90.14 AUCTION SALE PROCEDURE.

(a) All state timber shall be offered and sold by the same unit of measurement as it
was appraised. deleted text begin The sale shall be made to the person who (1) bids the highest price for all
the several kinds of timber as advertised, or (2) if unsold at public auction, to the person
who purchases at any subsequent sale authorized under section 90.101, subdivision 1. deleted text end new text begin No
tract shall be sold to any person other than the purchaser in whose name the bid was made. new text end
The commissioner may refuse to approve any and all bids received and cancel a sale of
state timber for good and sufficient reasons.

(b) The purchaser at any sale of timber shall, immediately upon the approval of the
bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under
section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent
of the appraised value. In case any purchaser fails to make such payment, the purchaser
shall be liable therefor to the state in a civil action, and the commissioner may reoffer the
timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor
had been made.

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of
state timber may, at the time of payment by the purchaser to the commissioner of 15
percent of the appraised value, elect in writing on a form prescribed by the attorney
general to purchase a permit based solely on the appraiser's estimate of the volume of
timber described in the permit, provided that the commissioner has expressly designated
the availability of such option for that tract on the list of tracts available for sale as
required under section 90.101. A purchaser who elects in writing on a form prescribed
by the attorney general to purchase a permit based solely on the appraiser's estimate of
the volume of timber described on the permit does not have recourse to the provisions
of section 90.281.

new text begin (d) In the case of a public auction sale conducted by a sealed bid process, tracts shall
be awarded to the high bidder, who shall pay to the commissioner a down payment of 15
percent of the appraised value within ten business days of receiving a written award
notice. If a purchaser fails to make the down payment, the purchaser is liable for the down
payment to the state and the commissioner may offer the timber for sale to the next highest
bidder as though no higher bid had been made.
new text end

new text begin (e) Except as otherwise provided by law, at the time the purchaser signs a permit
issued under section 90.151, the purchaser shall make a bid guarantee payment to the
commissioner in an amount equal to 15 percent of the total purchase price of the permit
less the down payment amount required by paragraph (b). If the bid guarantee payment is
not submitted with the signed permit, no harvesting may occur, the permit cancels, and the
down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective permit.
new text end

Sec. 15.

new text begin [90.145] PURCHASER QUALIFICATIONS AND REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Purchaser qualifications. new text end

new text begin (a) In addition to any other requirements
imposed by this chapter, the purchaser of a state timber permit issued under section 90.151
must meet the requirements in paragraphs (b) to (d).
new text end

new text begin (b) The purchaser and the purchaser's agents, employees, subcontractors, and
assigns must comply with general industry safety standards for logging adopted by the
commissioner of labor and industry under chapter 182. The commissioner of natural
resources shall require a purchaser to provide proof of compliance with the general
industry safety standards.
new text end

new text begin (c) The purchaser and the purchaser's agents, subcontractors, and assigns must
comply with the mandatory insurance requirements of chapter 176. The commissioner
shall require a purchaser to provide a copy of the proof of insurance required by section
176.130 before the start of harvesting operations on any permit.
new text end

new text begin (d) Before the start of harvesting operations on any permit, the purchaser must
certify that a foreperson or other designated employee who has a current certificate of
completion from the Minnesota logger education program (MLEP), the Wisconsin Forest
Industry Safety and Training Alliance (FISTA), or any similar program acceptable to the
commissioner, is supervising active logging operations.
new text end

new text begin Subd. 2. new text end

new text begin Purchaser preregistration. new text end

new text begin To facilitate the sale of permits issued under
section 90.151, the commissioner may establish a purchaser preregistration system.
Any system implemented by the commissioner shall be limited in scope to only that
information that is required for the efficient administration of the purchaser qualification
provisions of this chapter and shall conform with the requirements of chapter 13.
new text end

Sec. 16.

Minnesota Statutes 2004, section 90.151, subdivision 1, is amended to read:

Subdivision 1.

Issuance; expiration.

(a) Following receipt of the down payment
for state timber required under section 90.14 or 90.191, the commissioner shall issue a
numbered permit to the purchaser, in a form approved by the attorney general, by the
terms of which the purchaser shall be authorized to enter upon the land, and to cut and
remove the timber therein described as designated for cutting in the report of the state
appraiser, according to the provisions of this chapter. The permit shall be correctly dated
and executed by the commissioner and signed by the purchaser. If a permit is not signed
by the purchaser within 60 days from the date of purchase, the permit cancels and the
down payment for timber required under section 90.14 forfeits to the state.

(b) The permit shall expire no later than five years after the date of sale as the
commissioner shall specify or as specified under section 90.191, and the timber shall
be cut within the time specified therein. All cut timber, equipment, and buildings not
removed from the land within 90 days after expiration of the permit shall become the
property of the state.

(c) The commissioner may grant an additional period of time not to exceed 120 days
for the removal of cut timber, equipment, and buildings upon receipt of such request by
the permit holder for good and sufficient reasons. The commissioner may grant a second
period of time not to exceed 120 days for the removal of cut timber, equipment, and
buildings upon receipt of a request by the permit holder for hardship reasons only.

deleted text begin (d) No permit shall be issued to any person other than the purchaser in whose name
the bid was made.
deleted text end

Sec. 17.

Minnesota Statutes 2004, section 90.151, subdivision 6, is amended to read:

Subd. 6.

Notice and approval required.

The permit shall provide that the permit
holder shall not start cutting any state timber nor clear building sites nor logging roads until
the commissioner has been notified and has given prior approval to such cutting operations. new text begin
Approval shall not be granted until the permit holder has completed a presale conference
with the state appraiser designated to supervise the cutting. The permit holder shall also
give prior notice whenever permit operations are to be temporarily halted, whenever
permit operations are to be resumed, and when permit operations are to be completed.
new text end

Sec. 18.

Minnesota Statutes 2004, section 90.151, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Liquidated damages. new text end

new text begin The permit may include a schedule of liquidated
damage charges for breach of permit terms by the permit holder. The damage charges shall
be limited to amounts that are reasonable in light of the anticipated or actual harm caused
by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of
otherwise obtaining an adequate remedy.
new text end

Sec. 19.

Minnesota Statutes 2004, section 103I.005, subdivision 9, is amended to read:

Subd. 9.

Exploratory boring.

"Exploratory boring" means a surface drilling done
to explore or prospect for oil, natural gas, new text begin apatite, diamonds, graphite, gemstones, new text end kaolin
clay, and metallic minerals, including iron, copper, zinc, lead, gold, silver, titanium,
vanadium, nickel, cadmium, molybdenum, chromium, manganese, cobalt, zirconium,
beryllium, thorium, uranium, aluminum, platinum, palladium, radium, tantalum, tin, and
niobium, and a drilling or boring for petroleum.

Sec. 20.

Minnesota Statutes 2004, section 116.07, subdivision 2a, is amended to read:

Subd. 2a.

Exemptions from standards.

No standards adopted by any state agency
for limiting levels of noise in terms of sound pressure which may occur in the outdoor
atmosphere shall apply to (1) segments of trunk highways constructed with federal
interstate substitution money, provided that all reasonably available noise mitigation
measures are employed to abate noise, (2) an existing or newly constructed segment of a
highway, provided that all reasonably available noise mitigation measures, as approved by
the commissioners of the Department of Transportation and Pollution Control Agency, are
employed to abate noise, (3) except for the cities of Minneapolis and St. Paul, an existing
or newly constructed segment of a road, street, or highway under the jurisdiction of a road
authority of a town, statutory or home rule charter city, or county, except for roadways for
which full control of access has been acquired, (4) skeet, trap or shooting sports clubs,
or (5) motor vehicle race events conducted at a facility specifically designed for that
purpose that was in operation on or before July 1, deleted text begin 1983. deleted text end new text begin 1996. Motor vehicle race events
exempted from state standards under this subdivision are exempt from claims based on
noise brought under section 561.01 and chapters 116B and 116D. new text end Nothing herein shall
prohibit a local unit of government or a public corporation with the power to make rules
for the government of its real property from regulating the location and operation of
skeet, trap or shooting sports clubs, or motor vehicle race events conducted at a facility
specifically designed for that purpose that was in operation on or before July 1, deleted text begin 1983 deleted text end new text begin 1996 new text end .

Sec. 21.

Laws 2003, chapter 128, article 1, section 165, is amended to read:

Sec. 165. ISTS PILOT PROGRAM.

The Pollution Control Agency shall, in conjunction with the association of
Minnesota counties, designate three cooperating counties with waterbodies listed as
impaired by fecal coliform bacteria, and within designated counties shall:

(1) by July 1, deleted text begin 2007 deleted text end new text begin 2008 new text end , complete an inventory of properties with individual
sewage treatment systems that are an imminent threat to public health or safety due to
surface water discharges of untreated sewage, and the inventory of properties may be
phased over the period of the pilot project; and

(2) require compliance under the applicable requirements of this section by May 1,
deleted text begin 2008 deleted text end new text begin 2009 new text end . The pollution control agency may utilize cooperative agreements with the
three pilot counties to meet the requirements of clauses (1) and (2).

Sec. 22.

Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision
5, is amended to read:

						deleted text begin 5,038,000 deleted text end
Subd. 5. Fish and Wildlife Habitat				5,038,000		new text begin 6,038,000 new text end

Summary by Fund
			deleted text begin 5,038,000 deleted text end
Trust Fund		5,038,000	new text begin 6,038,000 new text end

(a) Restoring Minnesota's Fish and Wildlife Habitat Corridors-Phase III

$2,031,000 the first year and deleted text begin $2,031,000 deleted text end new text begin
$3,031,000 new text end the second year are from the trust
fund to the commissioner of natural resources
for the third biennium for acceleration of
agency programs and cooperative agreements
with Pheasants Forever, Minnesota Deer
Hunters Association, Ducks Unlimited,
Inc., National Wild Turkey Federation,
the Nature Conservancy, Minnesota Land
Trust, the Trust for Public Land, Minnesota
Valley National Wildlife Refuge Trust, Inc.,
U.S. Fish and Wildlife Service, Red Lake
Band of Chippewa, Leech Lake Band of
Chippewa, Fond du Lac Band of Chippewa,
USDA-Natural Resources Conservation
Service, and the Board of Water and Soil
Resources to plan, restore, and acquire
fragmented landscape corridors that connect
areas of quality habitat to sustain fish,
wildlife, and plants. new text begin To the extent possible,
projects funded shall meet the purposes
of Minnesota Statutes, section 114D.05. new text end
Expenditures are limited to the 11 project
areas as defined in the work program.
Land acquired with this appropriation must
be sufficiently improved to meet at least
minimum habitat and facility management
standards as determined by the commissioner
of natural resources. This appropriation may
not be used for the purchase of residential
structures, unless expressly approved in the
work program. Any land acquired in fee title
by the commissioner of natural resources
with money from this appropriation must be
designated: (1) as an outdoor recreation unit
under Minnesota Statutes, section 86A.07;
or (2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2, paragraph (a);
97A.101; 97A.125; 97C.001; and 97C.011.
The commissioner may similarly designate
any lands acquired in less than fee title. This
appropriation is available until June 30, 2008,
at which time the project must be completed
and final products delivered, unless an earlier
date is specified in the work program.

(b) Metropolitan Area Wildlife Corridors-Phase II

$1,765,000 the first year and $1,765,000 the
second year are from the trust fund to the
commissioner of natural resources for the
second biennium for acceleration of agency
programs and cooperative agreements with
the Trust for Public Land, Ducks Unlimited,
Inc., Friends of the Mississippi River,
Great River Greening, Minnesota Land
Trust, Minnesota Valley National Wildlife
Refuge Trust, Inc., Pheasants Forever, Inc.,
and Friends of the Minnesota Valley for
the purposes of planning, improving, and
protecting important natural areas in the
metropolitan region, as defined by Minnesota
Statutes, section 473.121, subdivision 2,
and portions of the surrounding counties,
through grants, contracted services,
conservation easements, and fee acquisition.
Land acquired with this appropriation
must be sufficiently improved to meet at
least minimum management standards as
determined by the commissioner of natural
resources. Expenditures are limited to the
identified project areas as defined in the
work program. This appropriation may
not be used for the purchase of residential
structures, unless expressly approved in the
work program. Any land acquired in fee title
by the commissioner of natural resources
with money from this appropriation must be
designated: (1) as an outdoor recreation unit
under Minnesota Statutes, section 86A.07;
or (2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2, paragraph (a);
97A.101; 97A.125; 97C.001; and 97C.011.
The commissioner may similarly designate
any lands acquired in less than fee title. This
appropriation is available until June 30, 2008,
at which time the project must be completed
and final products delivered, unless an earlier
date is specified in the work program.

(c) Development of Scientific and Natural Areas

$67,000 the first year and $67,000 the
second year are from the trust fund to the
commissioner of natural resources to develop
and enhance lands designated as scientific
and natural areas. This appropriation is
available until June 30, 2008, at which time
the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.

(d) Prairie Stewardship of Private Lands

$50,000 the first year and $50,000 the
second year are from the trust fund to the
commissioner of natural resources to develop
stewardship plans and implement prairie
management on private prairie lands on a
cost-share basis with private or federal funds.
This appropriation is available until June
30, 2008, at which time the project must
be completed and final products delivered,
unless an earlier date is specified in the work
program.

(e) Local Initiative Grants-Conservation Partners and Environmental Partnerships

$250,000 the first year and $250,000 the
second year are from the trust fund to the
commissioner of natural resources to provide
matching grants of up to $20,000 to local
government and private organizations for
enhancement, restoration, research, and
education associated with natural habitat and
environmental service projects. Subdivision
16 applies to grants awarded in the approved
work program. This appropriation is
available until June 30, 2008, at which time
the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.

(f) Minnesota ReLeaf Community Forest Development and Protection

$250,000 the first year and $250,000 the
second year are from the trust fund to
the commissioner of natural resources
for acceleration of the agency program
and a cooperative agreement with Tree
Trust to protect forest resources, develop
inventory-based management plans, and
provide matching grants to communities
to plant native trees. At least $390,000 of
this appropriation must be used for grants
to communities. For the purposes of this
paragraph, the match must be a nonstate
contribution, but may be either cash or
qualifying in-kind. This appropriation is
available until June 30, 2008, at which time
the project must be completed and final
projects delivered, unless an earlier date is
specified in the work program.

(g) Integrated and Pheromonal Control of Common Carp

$275,000 the first year and $275,000 the
second year are from the trust fund to the
University of Minnesota for the second
biennium to research new options for
controlling common carp. This appropriation
is available until June 30, 2009, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.

(h) Biological Control of European Buckthorn and Garlic Mustard

$100,000 the first year and $100,000 the
second year are from the trust fund to
the commissioner of natural resources to
research potential insects for biological
control of invasive European buckthorn
species for the second biennium and to
introduce and evaluate insects for biological
control of garlic mustard. This appropriation
is available until June 30, 2008, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.

(i) [Paragraph (i) was vetoed by the governor.]

Sec. 23.

Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision
10, is amended to read:

Subd. 10. Energy.				1,896,000		1,896,000
Summary by Fund
Trust Fund		1,896,000		1,896,000

(a) Clean Energy Resource Teams and
Community Wind Energy Rebate new text begin and
Financial Assistance new text end Program

$350,000 the first year and $350,000 the
second year are from the trust fund to the
commissioner of commerce. $300,000 of
this appropriation is to provide technical
assistance to implement cost-effective
conservation, energy efficiency, and
renewable energy projects. $400,000 of this
appropriation is to assist deleted text begin two deleted text end Minnesota
communities in developing locally owned
wind energy projects by offering financial
assistance new text begin and new text end rebates. new text begin This appropriation
is available until June 30, 2009, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program. new text end

(b) [Paragraph (b) was vetoed by the
governor.]

(c) Manure Methane Digester Compatible
Wastes and Electrical Generation

$50,000 the first year and $50,000 the
second year are from the trust fund to the
commissioner of agriculture to research the
potential for a centrally located, multifarm
manure digester and the potential use of
compatible waste streams with manure
digesters.

(d) Dairy Farm Digesters

$168,000 the first year and $168,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the Minnesota Project for a
pilot project to evaluate anaerobic digester
technology on average size dairy farms of
50 to 300 cows.

(e) Wind to Hydrogen Demonstration

$400,000 the first year and $400,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the University of Minnesota,
West Central Research and Outreach Center,
to develop a model community-scale
wind-to-hydrogen facility.

(f) Natural Gas Production from Agricultural
Biomass

$50,000 the first year and $50,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Sebesta Blomberg and
Associates to demonstrate potential natural
gas yield using anaerobic digestion of blends
of chopped grasses or crop residue with hog
manure and determine optimum operating
conditions for conversion to natural gas.

(g) Biomass-Derived Oils for Generating
Electricity and Reducing Emissions

$75,000 the first year and $75,000 the second
year are from the trust fund to the University
of Minnesota to evaluate the environmental
and performance benefits of using renewable
biomass-derived oils, such as soybean oil,
for generating electricity.

(h) [Paragraph (h) was vetoed by the
governor.]

(i) [Paragraph (i) was vetoed by the
governor.]

Sec. 24. new text begin APPLICATION OF STORM WATER RULES TO COUNTIES.
new text end

new text begin Until the Pollution Control Agency storm water rules are amended, the provisions of
Minnesota Rules, part 7090.1010, subpart 1, item B, subitems (2) and (3), only, shall not
apply to counties.
new text end

Sec. 25. new text begin STATE PURCHASING OF PLUG-IN HYBRID ELECTRIC VEHICLES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) As used in this section, "plug-in hybrid electric vehicle
(PHEV)" means a vehicle containing an internal combustion engine that also allows power
to be delivered to the drive wheels by a battery-powered electric motor and that meets
applicable federal motor vehicle safety standards. When connected to the electrical grid
via an electrical outlet, the vehicle must be able to recharge its battery. The vehicle must
have the ability to travel at least 20 miles, powered substantially by electricity.
new text end

new text begin (b) As used in this section, "neighborhood electric vehicle" means an electrically
powered motor vehicle that has four wheels and has a speed attainable in one mile of at
least 20 miles per hour but not more than 25 miles per hour on a paved level surface.
new text end

new text begin Subd. 2. new text end

new text begin Notice of state procurement policy in bid documents. new text end

new text begin All solicitation
documents for the purchase of a passenger automobile, as defined in section 168.011,
subdivision 7; pickup truck, as defined in section 168.011, subdivision 29; or van, as
defined in section 168.011, subdivision 28, issued under the jurisdiction of the Department
of Administration after June 30, 2006, must contain the following language: "It is the
intention of the state of Minnesota to begin purchasing plug-in hybrid electric vehicles
and neighborhood electric vehicles as soon as they become commercially available, meet
the state's performance specifications, and are priced no more than ten percent above the
price for comparable gasoline powered vehicles. It is the intention of the state to purchase
plug-in hybrid electric vehicles and neighborhood electric vehicles whenever practicable
after these conditions have been met and as fleet needs dictate for at least five years after
these conditions have been met."
new text end

Sec. 26. new text begin PLUG-IN HYBRID ELECTRIC VEHICLE RETROFIT PROJECT.
new text end

new text begin The automotive engineering program at Minnesota State University - Mankato is
strongly encouraged to retrofit two flexible fuel vehicles to also operate as plug-in hybrid
vehicles (PHEVs). If the legislature does not appropriate funds for this purpose, the
Department of Administration and the Minnesota State University - Mankato may accept
donations and work cooperatively with nonprofit agencies, higher education institutions,
and public agencies to procure vehicles and obtain other necessary funds to conduct
the retrofit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 27. new text begin DISPOSITION OF LAND SALE RECEIPTS.
new text end

new text begin Notwithstanding Laws 2005, chapter 156, article 2, section 45, or any other law to
the contrary, during fiscal year 2006 and fiscal year 2007, all receipts from the sale of land
under the control of the commissioner of natural resources shall be credited according to
Minnesota Statutes, section 94.16.
new text end

Sec. 28. new text begin LOWER MINNESOTA RIVER WATERSHED DISTRICT;
AUTHORITY TO ACQUIRE, MAINTAIN, OPERATE, IMPROVE, AND
ENLARGE DREDGE MATERIAL SITE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section:
new text end

new text begin (1) "district" means the Lower Minnesota River Watershed District, a district
established under Minnesota Statutes, chapter 103D;
new text end

new text begin (2) "governing body" means the managers of the district as defined in Minnesota
Statutes, section 103D.011, subdivision 15; and
new text end

new text begin (3) "dredge material site" means a site at which public agencies or private customers
may deposit material from dredging activities conducted on the Minnesota River.
new text end

new text begin Subd. 2. new text end

new text begin Authorization; authority to own and operate. new text end

new text begin The district may own
and operate a dredge material site for its own needs, the needs of other public agencies,
the needs of private customers, or any combination of these. The district may acquire,
construct, and install all facilities needed for that purpose and may lease, purchase, or
acquire by exercise of the power of eminent domain any existing properties so needed.
The district may sell the dredge material to any person or entity. If the governing body
determines that the dredge material has no value, the district may convey the dredge
material for no consideration to any person or entity. The district may hire all personnel
the governing body deems necessary and may make all necessary rules and regulations for
the operation and maintenance of the dredge material site.
new text end

new text begin Subd. 3. new text end

new text begin Charges; net revenues. new text end

new text begin (a) To pay for the acquisition, maintenance,
operation, improvement, and enlargement of the dredge material site and to obtain and
comply with permits required by law for the dredge material site, the governing body may
impose charges for permitting private customers to deposit dredge material at the dredge
material site and make contracts for the charges as provided in this section.
new text end

new text begin (b) The amount of the charges imposed shall be established at the discretion of the
governing body. In determining the amount of the charges to be imposed, the governing
body may give consideration to all costs of the operation and maintenance of the dredge
material site, the costs of depreciation and replacement of structures and equipment, the
costs of improvements and enlargements, the cost of reimbursing the district for special
assessment revenues expended for the benefit of persons or entities not subject to special
assessment levies by the district, the amount of the principal and interest to become due
on obligations issued or to be issued, the costs of obtaining and complying with permits
required by law, the price charged for similar services by other providers of dredge
material sites in similar markets, and all other factors the governing body deems relevant.
new text end

new text begin (c) At its discretion, the governing body may impose a surcharge on private
customers using the dredge material site in addition to the charges allowed under
paragraph (a). The surcharge shall be for the purpose of paying for the removal of dredge
material from the dredging site if the governing body determines it necessary. If the
governing body later determines that there is no need to pay for the removal of the dredge
material from the dredge material site, the governing body shall rebate all surcharges
paid by private customers.
new text end

Sec. 29. new text begin TERRESTRIAL SEQUESTRATION; REPORT.
new text end

new text begin The commissioners of agriculture, commerce, natural resources, and the Pollution
Control Agency shall review the phase 1 report from the Minnesota Terrestrial Carbon
Sequestration Project and report to the Minnesota Environmental Quality Board and
the members of the house and senate committees with jurisdiction over agriculture,
energy, environment, and natural resource issues by June 30, 2007, on existing scientific
information on carbon stocks in Minnesota's major ecosystems, the economics of various
carbon enhancing practices, and alternative carbon trading systems and their potential
application in Minnesota.
new text end

Sec. 30. new text begin GREENHOUSE GAS EMISSIONS; REPORT.
new text end

new text begin The Pollution Control Agency, in collaboration with the Minnesota Clean Energy
Environment Partnership, shall report to the Minnesota Environmental Quality Board and
the members of the house and senate committees with jurisdiction over agriculture, energy,
environment, and natural resource issues by June 30, 2007, on strategies for mitigating,
reducing, and sequestering state greenhouse gas emissions.
new text end

Sec. 31. new text begin CARRYFORWARD.
new text end

new text begin The appropriation under Laws 2003, chapter 128, article 1, section 9, subdivision
6, paragraph (c), for local initiative grants - parks and natural areas, is available until
June 30, 2007.
new text end

Sec. 32. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 89.011, subdivisions 1, 2, 3, and 6, new text end new text begin are repealed.
new text end

Sec. 33. new text begin EFFECTIVE DATE.
new text end

new text begin Except where otherwise specified, this article is effective the day following final
enactment.
new text end

ARTICLE 2

CLEAN WATER LEGACY ACT

Section 1.

Minnesota Statutes 2004, section 103C.501, subdivision 5, is amended to
read:

Subd. 5.

Contracts by districts.

(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 damages deleted 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.

new text begin (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.
new text end

Sec. 2.

new text begin [114D.05] CITATION.
new text end

new text begin This chapter may be cited as the "Clean Water Legacy Act."
new text end

Sec. 3.

new text begin [114D.10] LEGISLATIVE PURPOSE AND FINDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of the Clean Water Legacy Act is to protect,
restore, and preserve the quality of Minnesota's surface waters by providing authority,
direction, and resources to achieve 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.
new text end

new text begin Subd. 2. new text end

new text begin Findings. new text end

new text begin The legislature finds that:
new text end

new text begin (1) there is a close link between protecting, restoring, and preserving the quality of
Minnesota's surface waters and the ability to develop the state's economy, enhance its
quality of life, and protect its human and natural resources;
new text end

new text begin (2) achieving the state's water quality goals will require long-term commitment and
cooperation by all state and local agencies, and other public and private organizations
and individuals, with responsibility and authority for water management, planning, and
protection; and
new text end

new text begin (3) all persons and organizations whose activities affect the quality of waters,
including point and nonpoint sources of pollution, have a responsibility to participate in
and support efforts to achieve the state's water quality goals.
new text end

Sec. 4.

new text begin [114D.15] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions provided in this section apply to the
terms used in this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Citizen monitoring. new text end

new text begin "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.
new text end

new text begin Subd. 3. new text end

new text begin Clean Water Council. new text end

new text begin "Clean Water Council" or "council" means the
Clean Water Council created pursuant to section 114D.30, subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Federal TMDL requirements. new text end

new text begin "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.
new text end

new text begin Subd. 5. new text end

new text begin Impaired water. new text end

new text begin "Impaired water" means surface water that does not
meet applicable water quality standards.
new text end

new text begin Subd. 6. new text end

new text begin Public agencies. new text end

new text begin "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 includes the University of Minnesota and other
public education institutions.
new text end

new text begin Subd. 7. new text end

new text begin Restoration. new text end

new text begin "Restoration" means actions, including effectiveness
monitoring, that are taken to achieve 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.
new text end

new text begin Subd. 8. new text end

new text begin Surface waters. new text end

new text begin "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.
new text end

new text begin Subd. 9. new text end

new text begin Third-party TMDL. new text end

new text begin "Third-party TMDL" means a TMDL by the
Pollution Control Agency that is developed in whole or in part by a qualified public entity
other than the Pollution Control Agency consistent with the goals, policies, and priorities
in section 114D.20.
new text end

new text begin Subd. 10. new text end

new text begin Total maximum daily load or TMDL. new text end

new text begin "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.
new text end

new text begin Subd. 11. new text end

new text begin TMDL implementation plan. new text end

new text begin "TMDL implementation plan" means a
document detailing restoration activities needed to meet the approved TMDL's pollutant
load allocations for point and nonpoint sources.
new text end

new text begin Subd. 12. new text end

new text begin Water quality standards. new text end

new text begin "Water quality standards" for Minnesota
surface waters are found in Minnesota Rules, chapters 7050 and 7052.
new text end

Sec. 5.

new text begin [114D.20] IMPLEMENTATION; COORDINATION; GOALS;
POLICIES; AND PRIORITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Coordination and cooperation. new text end

new text begin 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. Nothing in
this chapter affects the application of silvicultural exemptions under any federal, state, or
local law or requires silvicultural practices more stringent than those recommended in
the timber harvesting and forest management guidelines adopted by the Minnesota Forest
Resources Council under section 89A.05.
new text end

new text begin Subd. 2. new text end

new text begin Goals for implementation. new text end

new text begin The following goals must guide the
implementation of this chapter:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (3) to set a reasonable time for implementing restoration of each identified impaired
water;
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (6) to achieve compliance with federal Clean Water Act requirements in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Implementation policies. new text end

new text begin The following policies must guide the
implementation of this chapter:
new text end

new text begin (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;
new text end

new text begin (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 and citizen monitoring data used by the Pollution Control
Agency in assessing water quality must meet the requirements in appendix D of the
Volunteer Surface Water Monitoring Guide, Minnesota Pollution Control Agency (2003);
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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 and related conservation benefits while incorporating innovative
approaches on a case-by-case basis;
new text end

new text begin (6) identify for the legislature any innovative approaches that may strengthen or
complement existing programs;
new text end

new text begin (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 using the best available data and
technology, and establish and report outcome-based performance measures that monitor
the progress and effectiveness of protection and restoration measures; and
new text end

new text begin (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.
new text end

new text begin Subd. 4. new text end

new text begin Priorities for identifying impaired waters. new text end

new text begin The Pollution Control
Agency, in accordance with federal TMDL requirements, shall set priorities for identifying
impaired waters, giving consideration to:
new text end

new text begin (1) waters where impairments would pose the greatest potential risk to human or
aquatic health; and
new text end

new text begin (2) waters where data developed through public agency or citizen monitoring or
other means, provides scientific evidence that an impaired condition exists.
new text end

new text begin Subd. 5. new text end

new text begin Priorities for preparation of TMDL's. new text end

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:
new text end

new text begin (1) with impairments that pose the greatest potential risk to human health;
new text end

new text begin (2) with impairments that pose the greatest potential risk to threatened or endangered
species;
new text end

new text begin (3) with impairments that pose the greatest potential risk to aquatic health;
new text end

new text begin (4) 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
new text end

new text begin (5) 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.
new text end

new text begin Subd. 6. new text end

new text begin Priorities for restoration of impaired waters. new text end

new text begin 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:
new text end

new text begin (1) coordinate with and utilize existing local authorities and infrastructure for
implementation;
new text end

new text begin (2) can be implemented in whole or in part by providing support for existing or
ongoing restoration efforts;
new text end

new text begin (3) most effectively leverage other sources of restoration funding, including federal,
state, local, and private sources of funds;
new text end

new text begin (4) show a high potential for early restoration and delisting based upon scientific
data developed through public agency or citizen monitoring or other means; and
new text end

new text begin (5) show a high potential for long-term water quality and related conservation
benefits.
new text end

new text begin Subd. 7. new text end

new text begin Priorities for funding prevention actions. new text end

new text begin 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 that are listed as impaired but have no approved
TMDL.
new text end

Sec. 6.

new text begin [114D.25] ADMINISTRATION; POLLUTION CONTROL AGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin General duties and authorities. new text end

new text begin (a) The Pollution Control Agency,
in accordance with federal TMDL requirements, shall:
new text end

new text begin (1) identify impaired waters and propose a list of the waters for review and approval
by the United States Environmental Protection Agency;
new text end

new text begin (2) 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
new text end

new text begin (3) propose to delist waters from the Environmental Protection Agency impaired
waters list.
new text end

new text begin (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.
new text end

new text begin (c) The implementation information need not be sent to the United States
Environmental Protection Agency for review and approval.
new text end

new text begin Subd. 2. new text end

new text begin Administrative procedures for TMDL approval. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin TMDL submittal requirement. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin TMDL notice; contents. new text end

new text begin 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:
new text end

new text begin (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;
new text end

new text begin (2) that each comment should identify the portion of the proposed TMDL addressed,
the reason for the comment, and any change proposed;
new text end

new text begin (3) of the manner in which persons must request a contested case proceeding on
the proposed TMDL;
new text end

new text begin (4) that the proposed TMDL may be modified if the modifications are supported by
the data and views submitted; and
new text end

new text begin (5) the date on which the 30-day comment period ends.
new text end

new text begin Subd. 5. new text end

new text begin Third-party TMDL development. new text end

new text begin The Pollution Control Agency may
enter into agreements with any qualified public agency setting forth the terms and
conditions under which that entity is authorized to develop a third-party TMDL. In
determining whether the public agency is qualified to develop a third-party TMDL, the
Pollution Control Agency shall consider the technical and administrative qualifications of
the public agency, cost, and shall avoid any potential organizational conflict of interest,
as defined in section 16C.02, subdivision 10a, of the public agency with respect to the
development of the third-party TMDL. A third-party TMDL is subject to 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. The Pollution Control Agency shall only consider authorizing the development
of third-party TMDL's consistent with the goals, policies, and priorities determined under
section 116.384.
new text end

Sec. 7.

new text begin [114D.30] CLEAN WATER COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; duties. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Membership; appointment. new text end

new text begin 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
18 additional nonagency members of the council as follows:
new text end

new text begin (1) two members representing statewide farm organizations;
new text end

new text begin (2) two members representing business organizations;
new text end

new text begin (3) two members representing environmental organizations;
new text end

new text begin (4) one member representing soil and water conservation districts;
new text end

new text begin (5) one member representing watershed districts;
new text end

new text begin (6) one member representing nonprofit organizations focused on improvement of
Minnesota lakes or streams;
new text end

new text begin (7) two members representing organizations of county governments;
new text end

new text begin (8) two members representing organizations of city governments;
new text end

new text begin (9) one member representing the Metropolitan Council established under section
473.123;
new text end

new text begin (10) one member representing an organization of township governments;
new text end

new text begin (11) one member representing the interests of tribal governments; and
new text end

new text begin (12) two members representing statewide hunting organizations.
new text end

new text begin In making appointments, the governor must attempt to provide for geographic balance.
new text end

new text begin Subd. 3. new text end

new text begin Terms; compensation; removal. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Implementation plan. new text end

new text begin 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, 2006, and shall issue a
revised work plan by December 1 of each even-numbered year thereafter.
new text end

new text begin Subd. 5. new text end

new text begin Recommendations on appropriation of funds. new text end

new text begin 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.
new text end

new text begin Subd. 6. new text end

new text begin Biennial report to legislature. new text end

new text begin By December 1 of each even-numbered
year, the council shall submit a report to the legislature on the activities for which money
has been or will be spent for the current biennium, the activities for which money is
recommended to be spent in the next biennium, and the impact on economic development
of the implementation of the impaired waters program. 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 funding.
new text end

Sec. 8.

new text begin [114D.35] PUBLIC AND STAKEHOLDER PARTICIPATION;
SCIENTIFIC REVIEW; EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Public and stakeholder participation. new text end

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, landowners 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.
new text end

new text begin Subd. 2. new text end

new text begin Expert scientific advice. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Education. new text end

new text begin 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.
new text end

Sec. 9.

Minnesota Statutes 2005 Supplement, section 116.182, subdivision 2, is
amended to read:

Subd. 2.

Applicability.

This section governs the commissioner's certification of
projects seeking financial assistance under section 103F.725, subdivision 1a; 446A.07;
446A.072; deleted text begin or deleted text end 446A.073 new text begin ; 446A.074; or 446A.075 new text end .

Sec. 10.

new text begin [446A.074] CLEAN WATER LEGACY PHOSPHORUS REDUCTION
GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Creation of fund. new text end

new text begin The authority shall establish a clean water legacy
capital improvement fund and shall make grants from the fund as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin 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:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (3) the agency has approved the facilities plan, and certified the eligible costs for the
project to the authority.
new text end

new text begin Subd. 3. new text end

new text begin Eligible capital costs. new text end

new text begin Eligible capital costs for phosphorus reduction
grants under subdivision 4, paragraph (a), include the as-bid construction costs and
engineering planning and design costs for phosphorus treatment. Eligible capital costs for
phosphorus reduction grants under subdivision 4, paragraph (b), include the final, incurred
construction, engineering, planning, and design costs for phosphorus treatment.
new text end

new text begin Subd. 4. new text end

new text begin Grant amounts and priorities. new text end

new text begin (a) Priority must be given to projects that
start construction on or after July 1, 2006. If a facility's plan for a project is approved
by the agency before July 1, 2010, 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, 2010, 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, 2006, 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, 2008. 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 Subd. 5. new text end

new text begin Fees. 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

Sec. 11.

new text begin [446A.075] SMALL COMMUNITY WASTEWATER TREATMENT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Creation of fund. 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 Subd. 2. new text end

new text begin Loans and grants. new text end

new text begin (a) The authority shall award loans as provided in
paragraph (b) and grants as provided in paragraphs (c) and (d) 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 ensure
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 (d) If requested, a governmental unit receiving funding under this section may
receive a grant equal to ten percent of its first year's award, up to a maximum of $30,000,
to contract for technical assistance services from the University of Minnesota Extension
Service to develop the technical, managerial, and financial capacity necessary to build,
operate, and maintain the systems.
new text end

new text begin Subd. 3. new text end

new text begin Project priority list. 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 the compliance status 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 Subd. 4. new text end

new text begin Applications. 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 ensure proper operation of the systems.
new text end

new text begin Subd. 5. new text end

new text begin Awards. 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 Subd. 6. new text end

new text begin Loan terms and conditions. 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 Subd. 7. new text end

new text begin Special assessment deferral. 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 Subd. 8. new text end

new text begin Eligible costs. new text end

new text begin Eligible costs for small community wastewater treatment
loans and grants shall include the costs of technical assistance as provided in subdivision
2, paragraph (d), planning, design, construction, legal fees, administration, and land
acquisition.
new text end

new text begin Subd. 9. new text end

new text begin Disbursements. 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 Subd. 10. new text end

new text begin Audits. 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

Sec. 12. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin General provisions. new text end

new text begin The appropriations in this section are from the
general fund and are available for the fiscal year ending 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 Subd. 2. new text end

new text begin Pollution Control Agency. 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) $1,450,000 for statewide assessment of surface water quality and trends; of
these amounts, up to $1,010,000 is available for grants or contracts to support citizen
monitoring of surface waters; and
new text end

new text begin (2) $3,170,000 is available to develop TMDL's and TMDL implementation plans
for waters listed on the United States Environmental Protection Agency approved 2004
impaired waters list; of this appropriation, up to $1,740,000 is available for grants or
contracts to develop TMDL's.
new text end

new text begin Subd. 3. new text end

new text begin Agriculture Department. 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) $1,000,000 is for agricultural best management practices loan program; this
appropriation remains available until spent; of this amount, $800,000 is for pass-through
to local governments and lenders for low-interest loans to producers and rural landowners;
new text end

new text begin (2) $300,000 is available 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 this amount, $100,000 is available for grants or contracts to develop nutrient
and conservation planning assistance information materials; and
new text end

new text begin (3) $200,000 is available for research, evaluation, and effectiveness monitoring of
agricultural practices in restoring impaired waters.
new text end

new text begin Subd. 4. new text end

new text begin Board of Water and Soil Resources. new text end

new text begin The following amounts are
appropriated to the Board of Water and Soil Resources for restoration and prevention
actions. All of the money appropriated in this subdivision as grants to local governments
will 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 (1) $875,000 is for targeted nonpoint restoration cost-share and incentive payments;
of these amounts, up to $775,000 in fiscal year 2007 is available for grants;
new text end

new text begin (2) $1,575,000 is for targeted nonpoint restoration technical, compliance, and
engineering assistance activities; up to $1,375,000 in fiscal year 2007 is available for
grants;
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) $250,000 is for grants for implementation of county individual sewage treatment
system programs; and
new text end

new text begin (5) $500,000 is for grants to support local nonpoint source protection activities
related to lake and river protection and management.
new text end

new text begin Subd. 5. new text end

new text begin Department of Natural Resources. 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 2007 is for statewide assessment of surface water quality
and trends;
new text end

new text begin (2) $200,000 is available for restoration of impaired waters and actions to prevent
waters from becoming impaired; of these amounts, up to $1,400,000 in fiscal year 2007 is
available for grants and contracts for forest stewardship planning and implementation, and
for research, compliance, and monitoring; and
new text end

new text begin (3) $1,824,000 in fiscal year 2006 and $424,000 in fiscal year 2007 from the
environment trust fund is for fee title acquisition and easements on high priority, sensitive
riparian lands that provide high value for watershed protection.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 12 are effective the day following final enactment.
new text end