Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

HF 3908

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2018 02:31pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/15/2018

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8
1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5
2.6 2.7 2.8 2.9 2.10 2.11 2.12
2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10
3.11 3.12 3.13 3.14
3.15 3.16 3.17 3.18
3.19 3.20 3.21 3.22 3.23
3.24 3.25 3.26 3.27 3.28 3.29 3.30 4.1 4.2 4.3
4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12
4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 5.1
5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2
6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25
6.26 6.27 6.28 6.29 6.30 6.31
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27
7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4
8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 10.1 10.2 10.3
10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24
10.25 10.26 10.27 10.28 10.29 10.30 10.31
11.1 11.2 11.3 11.4 11.5 11.6

A bill for an act
relating to natural resources; modifying Clean Water Legacy Act; providing for
coordinated watershed management; amending Minnesota Statutes 2016, sections
103B.3369, subdivisions 5, 9; 103B.801, subdivisions 2, 5; 114D.15, subdivisions
7, 11, 13, by adding subdivisions; 114D.20, subdivisions 2, 3, 5, 7, by adding
subdivisions; 114D.26; 114D.35, subdivisions 1, 3; proposing coding for new law
in Minnesota Statutes, chapter 114D.

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

Section 1.

Minnesota Statutes 2016, section 103B.3369, subdivision 5, is amended to read:


Subd. 5.

Financial assistance.

A base grantnew text begin, contract, or paymentnew text end may be awarded to a
countynew text begin or other local unit of governmentnew text end that provides a match utilizing a water
implementation tax or other local source. A water implementation tax that a countynew text begin or other
local unit of government
new text end intends to use as a match to the base grant must be levied at a rate
sufficient to generate a minimum amount determined by the board. The board may award
performance-basednew text begin or watershed-basednew text end grantsnew text begin, contracts, or paymentsnew text end to local units of
government that are responsible for implementing elements of applicable portions of
watershed management plans, comprehensive plans, local water management plans, or
comprehensive watershed management plans, developed or amended, adopted and approved,
according to chapter 103B, 103C, or 103D. Upon request by a local government unit, the
board may also award performance-based grants to local units of government to carry out
TMDL implementation plans as provided in chapter 114D, if the TMDL implementation
plan has been incorporated into the local water management plan according to the procedures
for approving comprehensive plans, watershed management plans, local water management
plans, or comprehensive watershed management plans under chapter 103B, 103C, or 103D,
or if the TMDL implementation plan has undergone a public review process. Notwithstanding
section 16A.41, the board may award deleted text beginperformance-baseddeleted text end grantsnew text begin, contracts, or paymentsnew text end on
an advanced basis. The fee authorized in section 40A.152 may be used as a local match or
as a supplement to state funding to accomplish implementation of comprehensive plans,
watershed management plans, local water management plans, or comprehensive watershed
management plans under this chapter and chapter 103C or 103D.

Sec. 2.

Minnesota Statutes 2016, section 103B.3369, subdivision 9, is amended to read:


Subd. 9.

Performance-based criteria.

The board deleted text beginshalldeleted text endnew text begin maynew text end develop and utilize
performance-based criteria for local water resources restoration, protection, and management
programs and projects. The criteria may include but are not limited to science-based
assessments, organizational capacity, priority resource issues, community outreach and
support, partnership potential, potential for multiple benefits, and program and project
delivery efficiency and effectiveness.

Sec. 3.

Minnesota Statutes 2016, section 103B.801, subdivision 2, is amended to read:


Subd. 2.

Program purposes.

The purposes of the comprehensive watershed management
plan program under section 103B.101, subdivision 14, paragraph (a), are to:

(1) align local water planning purposes and procedures under this chapter and chapters
103C and 103D on watershed boundaries to create a systematic, watershed-wide,
science-based approach to watershed management;

(2) acknowledge and build off existing local government structure, water plan services,
and local capacity;

(3) incorporate and make use of data and information, including watershed restoration
and protection strategies under section 114D.26new text begin, which may serve to fulfill all or some of
the requirements under chapter 114D
new text end;

(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;

(5) focus on implementation of prioritized and targeted actions capable of achieving
measurable progress; and

(6) serve as a substitute for a comprehensive plan, local water management plan, or
watershed management plan developed or amended, approved, and adopted, according to
this chapter or chapter 103C or 103D.

Sec. 4.

Minnesota Statutes 2016, section 103B.801, subdivision 5, is amended to read:


Subd. 5.

Timelines; administration.

(a) The board shall develop and adopt, by June
30, 2016, a transition plan for development, approval, adoption, and coordination of plans
consistent with section 103A.212. The transition plan must include a goal of completing
statewide transition to comprehensive watershed management plans by 2025. The
metropolitan area may be considered for inclusion in the transition plan.new text begin The board may
amend the transition plan no more often than once every two years.
new text end

(b) The board may use the authority under section 103B.3369, subdivision 9, to support
development or implementation of a comprehensive watershed management plan under this
section.

Sec. 5.

Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Comprehensive local water management plan. new text end

new text begin "Comprehensive local water
management plan" has the meaning given under section 103B.3363, subdivision 3.
new text end

Sec. 6.

Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision to
read:


new text begin Subd. 3b. new text end

new text begin Comprehensive watershed management plan. new text end

new text begin "Comprehensive watershed
management plan" has the meaning given under section 103B.3363, subdivision 3a.
new text end

Sec. 7.

Minnesota Statutes 2016, section 114D.15, subdivision 7, is amended to read:


Subd. 7.

Restoration.

"Restoration" means actionsdeleted text begin, including effectiveness monitoring,
that are
deleted text end taken tonew text begin pursue,new text end achievenew text begin,new text end and maintain water quality standards for impaired waters
deleted text begin in accordance with a TMDL that has been approved by the United States Environmental
Protection Agency under federal TMDL requirements
deleted text end.

Sec. 8.

Minnesota Statutes 2016, section 114D.15, subdivision 11, is amended to read:


Subd. 11.

TMDL implementation plan.

"TMDL implementation plan" meansnew text begin:
new text end

new text begin (1)new text end a document detailing restoration activities needed to meet the approved TMDL's
pollutant load allocations for point and nonpoint sourcesdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2) one of the following that the commissioner of the Pollution Control Agency
determines to be, in whole or part, sufficient to provide reasonable assurance of progress
toward water quality restoration or protection goals:
new text end

new text begin (i) a comprehensive watershed management plan;
new text end

new text begin (ii) a comprehensive local water management plan; or
new text end

new text begin (iii) an existing statewide or regional strategy published by the Pollution Control Agency.
new text end

Sec. 9.

Minnesota Statutes 2016, section 114D.15, subdivision 13, is amended to read:


Subd. 13.

Watershed restoration and protection strategy or WRAPS.

"Watershed
restoration and protection strategy" or "WRAPS" means a document summarizing scientific
studies of a major watershed deleted text beginno larger thandeleted text endnew text begin at approximatelynew text end a hydrologic unit code 8new text begin scalenew text end
including the physical, chemical, and biological assessment of the water quality of the
watershed; identification of impairments and water bodies in need of protection; identification
of biotic stressors and sources of pollution, both point and nonpoint; TMDL's for the
impairments; and deleted text beginan implementation table containingdeleted text endnew text begin information to supportnew text end strategies deleted text beginand
actions
deleted text end designed to achieve and maintain water quality standards and goals.

Sec. 10.

Minnesota Statutes 2016, section 114D.20, subdivision 2, is amended to read:


Subd. 2.

Goals for implementation.

The following goals must guide the implementation
of this chapter:

(1) to identify impaired waters in accordance with federal TMDL requirements deleted text beginwithin
ten years after May 23, 2006,
deleted text end and deleted text beginthereafterdeleted text end to ensure continuing evaluation of surface
waters for impairments;

(2) to submit TMDL's to the United States Environmental Protection Agency deleted text beginfor all
impaired waters in a timely manner
deleted text end in accordance with federal TMDL requirements;

(3) to deleted text beginset a reasonable timedeleted text endnew text begin inform and support strategiesnew text end for implementing restoration
deleted text begin of each identified impaired waterdeleted text endnew text begin and protectionnew text end;

(4)new text begin to systematically evaluate waters,new text end to provide assistance and incentives to prevent
waters from becoming impairednew text begin,new text end and to improve the quality of waters that are listed as
impaired deleted text beginbut do not have an approved TMDL addressing the impairmentdeleted text end;

(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;

(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;

(7) to support effective measures to prevent the degradation of groundwater according
to the groundwater degradation prevention goal under section 103H.001; and

(8) to support effective measures to restore degraded groundwater.

Sec. 11.

Minnesota Statutes 2016, section 114D.20, subdivision 3, is amended to read:


Subd. 3.

Implementation policies.

The following policies must guide the implementation
of this chapter:

(1) develop regional deleted text beginanddeleted text endnew text begin, multiple pollutant, ornew text end watershed TMDL's deleted text beginand TMDL
implementation plans, and TMDL's and TMDL implementation plans for multiple pollutants
deleted text endnew text begin
or WRAPSs
new text end, where reasonable and feasible;

(2) maximize use of available organizational, technical, and financial resources to perform
sampling, monitoring, and other activities to identify degraded groundwater and impaired
waters, including use of citizen monitoring and citizen monitoring data used by the Pollution
Control Agency in assessing water quality that meets the requirements deleted text beginin Appendix D of
the Volunteer Surface Water Monitoring Guide, Minnesota
deleted text end new text beginestablished by the commissioner
of the
new text endPollution Control Agency deleted text begin(2003)deleted text end;

(3) maximize opportunities for restoration of degraded groundwater and 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;

(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;

(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;

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

(7) identify and encourage implementation of measures to prevent surface 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;

(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; and

(9) identify and encourage implementation of measures to prevent groundwater from
becoming degraded and measures that restore groundwater resources.

Sec. 12.

Minnesota Statutes 2016, section 114D.20, subdivision 5, is amended to read:


Subd. 5.

Priorities for preparingnew text begin WRAPSs ANDnew text end TMDL's.

new text beginIn consultation with new text endthe
Clean Water Council deleted text beginshall recommenddeleted text endnew text begin, the commissioner of the Pollution Control Agency
must coordinate with the commissioners of natural resources, health, and agriculture and
with the Board of Water and Soil Resources to establish
new text end priorities for scheduling and
preparingnew text begin WRAPSs andnew text end TMDL's deleted text beginand TMDL implementation plans, taking into accountdeleted text endnew text begin,
considering
new text end the deleted text beginseveritydeleted text endnew text begin causesnew text end of deleted text beginthe impairmentdeleted text endnew text begin impairmentsnew text end, the designated uses of deleted text beginthosedeleted text endnew text begin
the
new text end waters, and deleted text beginotherdeleted text end applicable federal TMDL requirements. deleted text beginIn recommending priorities,
the council shall also give
deleted text end Considerationnew text begin must also be givennew text end tonew text begin protecting groundwater and
high-quality
new text end waters and watershedsnew text begin, waters and watersheds with declining water quality
trends, and waters and watersheds
new text end:

(1) with impairments that pose the greatest potential risk to human health;

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

(3) with impairments that pose the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals, especially
local, deleted text beginbasinwidedeleted text endnew text begin basin-widenew text end, 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

(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.

Sec. 13.

Minnesota Statutes 2016, section 114D.20, subdivision 7, is amended to read:


Subd. 7.

Priorities for funding prevention actions.

The Clean Water Council shall
apply the priorities applicable under subdivision 6, as far as practicable, when recommending
priorities for funding actions to prevent groundwater and surface waters from becoming
degraded or impaired and to improve the quality of surface waters that are listed as impaired
deleted text begin but do not have an approved TMDLdeleted text end.

Sec. 14.

Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Alternatives; TMDL, TMDL implementation plan, or WRAPS. new text end

new text begin (a) If the
commissioner of the Pollution Control Agency determines that a comprehensive watershed
management plan or comprehensive local water management plan is sufficient and consistent
with guidance from the United States Environmental Protection Agency for category 4b
waters under section 303(d) of the federal Clean Water Act, the commissioner may submit
the plan to the Environmental Protection Agency according to federal TMDL requirements
as an alternative to developing a TMDL.
new text end

new text begin (b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for
waters or watersheds when the commissioner of the Pollution Control Agency determines
that:
new text end

new text begin (1) a comprehensive watershed management plan or comprehensive local water
management plan is sufficient to provide reasonable assurance of progress toward water
quality restoration or protection goals; or
new text end

new text begin (2) an existing statewide or regional strategy published by the Pollution Control Agency
is sufficient to provide reasonable assurance of progress toward water quality restoration
or protection goals.
new text end

new text begin (c) The commissioner of the Pollution Control Agency may request that the Board of
Water and Soil Resources conduct an evaluation of the implementation efforts when the
commissioner determines that a comprehensive watershed management plan or
comprehensive local water management plan is sufficient to provide reasonable assurance
of progress toward water quality restoration or protection goals. The board must conduct
the evaluation in accordance with section 103B.102.
new text end

new text begin (d) The commissioner of the Pollution Control Agency may amend or revoke a
determination made under paragraph (a) or (b) after considering the evaluation conducted
under paragraph (c).
new text end

Sec. 15.

Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Coordinating of municipal and local water quality activities. new text end

new text begin A project,
practice, or program for water quality improvement or protection that is conducted by a
watershed management organization or a local government unit with a comprehensive
watershed management plan or other water management plan approved according to chapter
103B, 103C, or 103D must be considered as contributing to the requirements of a storm
water pollution prevention plan (SWPPP) for a municipal separate storm sewer systems
(MS4) permit unless the project, practice, or program was previously documented as
contributing to a different SWPPP for an MS4 permit.
new text end

Sec. 16.

Minnesota Statutes 2016, section 114D.26, is amended to read:


114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.

Subdivision 1.

Contents.

new text begin(a) new text endThenew text begin commissioner of thenew text end Pollution Control Agency deleted text beginshalldeleted text endnew text begin
must
new text end develop watershed restoration and protection strategiesdeleted text begin.deleted text endnew text begin for:
new text end

new text begin (1) quantifying impairments and risks to water quality;
new text end

new text begin (2) describing the causes of impairments and pollution sources;
new text end

new text begin (3) consolidating TMDLs in a major watershed; and
new text end

new text begin (4) informing comprehensive local water management plans and comprehensive
watershed management plans.
new text end

new text begin (b)new text end To ensure effectivenessnew text begin, efficiency,new text end and accountability in meeting the goals of this
chapter,new text begin the commissioner of the Pollution Control Agency and the Board of Water and
Soil Resources must coordinate the schedule, budget, scope, and use of a WRAPS and
related documents and processes in consultation with local government units and in
consideration of section 114D.20, subdivision 8.
new text end Each WRAPS deleted text beginshalldeleted text endnew text begin mustnew text end:

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

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

(3) summarize watershed modeling outputs and resulting pollution load allocationsdeleted text begin,deleted text endnew text begin andnew text end
wasteload allocationsdeleted text begin, and priority areas for targeting actions to improve water qualitydeleted text endnew text begin and
identify areas with high pollutant-loading rates
new text end;

(4) identify point sources of pollution for which a national pollutant discharge elimination
system permit is required under section 115.03;

(5) identify nonpoint sources of pollution for which a national pollutant discharge
elimination system permit is not required under section 115.03, with sufficient specificity
to deleted text beginprioritize anddeleted text end geographically deleted text beginlocatedeleted text endnew text begin informnew text end watershed restoration and protection deleted text beginactionsdeleted text endnew text begin
strategies
new text end;

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

(7) deleted text begincontain a plan for ongoingdeleted text endnew text begin identifynew text end water quality monitoringnew text begin needednew text end to fill data gaps,
determine changing conditions, deleted text beginanddeleted text endnew text begin ornew text end gauge implementation effectiveness; and

(8) contain deleted text beginan implementation table ofdeleted text end strategies deleted text beginand actionsdeleted text end that are capable of
cumulatively achieving needed pollution load reductions for point and nonpoint sources,
includingnew text begin identifyingnew text end:

(i) water quality parameters of concern;

(ii) current water quality conditions;

(iii) water quality goals and targets by parameter of concern;new text begin and
new text end

(iv) strategies deleted text beginand actionsdeleted text end by parameter of concern and the scale of adoptions needed
deleted text begin for each;deleted text endnew text begin to provide reasonable assurance of meeting water quality goals.
new text end

deleted text begin (v) a timeline for achievement of water quality targets;
deleted text end

deleted text begin (vi) the governmental units with primary responsibility for implementing each watershed
restoration or protection strategy; and
deleted text end

deleted text begin (vii) a timeline and interim milestones for achievement of watershed restoration or
protection implementation actions within ten years of strategy adoption.
deleted text end

Subd. 2.

Reporting.

deleted text beginBeginning July 1, 2016, and every other year thereafter,deleted text endnew text begin The
commissioner of
new text end the Pollution Control Agency mustnew text begin periodicallynew text end report on deleted text beginitsdeleted text endnew text begin the agency'snew text end
Web site the progress toward implementation milestones and water quality goals deleted text beginfor all
adopted TMDL's and, where available, WRAPS's
deleted text end.

Subd. 3.

Timelines; administration.

deleted text beginEach year,deleted text endnew text begin (a) The commissioner ofnew text end the Pollution
Control Agency must complete deleted text beginWRAPS's for at least ten percent ofdeleted text endnew text begin watershed restoration
and protection strategies for
new text end the state's major watershedsdeleted text begin. WRAPS shall bedeleted text endnew text begin by June 30,
2023, unless the commissioner determines that a comprehensive watershed management
plan or comprehensive local water management plan, in whole or part, is sufficient to provide
reasonable assurance of progress toward water quality restoration or protection goals. As
needed, the commissioner must update the strategies, in whole or part, after consultation
with the Board of Water and Soil Resources and local government units.
new text end

new text begin (b) Watershed restoration and protection strategies arenew text end governed by the procedures for
approval and notice in section 114D.25, subdivisions 2 and 4, except that deleted text beginWRAPSdeleted text endnew text begin the
strategies
new text end need not be submitted to the United States Environmental Protection Agency.

Sec. 17.

Minnesota Statutes 2016, section 114D.35, subdivision 1, is amended to read:


Subdivision 1.

Public and stakeholder participation.

new text begin(a) new text endPublic agencies and private
entities involved in deleted text beginthe implementation ofdeleted text endnew text begin implementingnew text end this chapter deleted text beginshalldeleted text endnew text begin mustnew text end encourage
participation by the public and stakeholders, including local citizens, landowners deleted text beginanddeleted text endnew text begin, landnew text end
managers, and public and private organizationsdeleted text begin, in identifying impaired waters, in developing
TMDL's, in planning, priority setting, and implementing restoration of impaired waters, in
identifying degraded groundwater, and in protecting and restoring groundwater resources
deleted text end.

new text begin (b)new text end In particular,new text begin the commissioner ofnew text end the Pollution Control Agency deleted text beginshalldeleted text endnew text begin mustnew text end make
reasonable efforts to provide timely information to the public and to stakeholders about
impaired waters that have been identified by the agencydeleted text begin. 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.
deleted text endnew text begin and
to inform and consult with stakeholders in developing a WRAPS or TMDL.
new text end

new text begin (c) Public agencies and private entities involved in implementing restoration and
protection identified in a comprehensive watershed management plan or comprehensive
local water management plan must make efforts to inform, consult, and involve the public
and stakeholders.
new text end

new text begin (d) The commissioner of the Pollution Control Agency and the Board of Water and Soil
Resources must coordinate public and stakeholder participation in consultation with local
government units.
new text end

Sec. 18.

Minnesota Statutes 2016, section 114D.35, subdivision 3, is amended to read:


Subd. 3.

Education.

The Clean Water Council shall develop strategies for informing,
educating, and encouraging the participation of citizens, stakeholders, and others regarding
deleted text begin the identification of impaired waters, development of TMDL's, development of TMDL
implementation plans, implementation of restoration for impaired waters, identification of
degraded groundwater, and protection and restoration of groundwater resources
deleted text endnew text begin this chapternew text end.
Public agencies deleted text beginshall bedeleted text endnew text begin arenew text end responsible for implementing the strategies.

Sec. 19.

new text begin [114D.47] NONPOINT FUNDING ALTERNATIVE.
new text end

new text begin Notwithstanding section 114D.50, subdivision 3a, the Board of Water and Soil Resources
may, by board order, establish alternative timelines or content for the priority funding plan
for nonpoint sources under section 114D.50, subdivision 3a, and may use information from
comprehensive watershed management plans or comprehensive local water management
plans to estimate or summarize costs.
new text end