Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 995

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

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

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 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 2.30 2.31 2.32 2.33 2.34 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 3.31 3.32 3.33 3.34 3.35 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 4.31 4.32 4.33 4.34 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 5.33 5.34 5.35 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 6.32 6.33 6.34 6.35 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 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 8.30 8.31 8.32 8.33 8.34 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 9.31 9.32 9.33 9.34 9.35 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 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6
11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13
12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14

A bill for an act
relating to natural resources; providing oversight and establishing criteria for
expenditures from the parks and trails fund, outdoor heritage fund, clean water
fund, and environment and natural resources trust fund; amending Minnesota
Statutes 2008, sections 3.303, by adding a subdivision; 3.971, by adding a
subdivision; 85.53; 97A.056, subdivisions 2, 3, 6, 7, by adding subdivisions;
114D.50; 116P.05, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 3.303, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Constitutionally dedicated natural resource funding accountability
office.
new text end

new text begin (a) The Legislative Coordinating Commission shall establish an Office of Public
Accountability for Constitutionally Dedicated Natural Resource Funding. Duties of
the office shall include, but are not limited to, the development and maintenance of a
user-friendly, public-oriented Web site that informs, educates, and demonstrates to the
public how the constitutionally dedicated funds for natural resources in the outdoor
heritage fund, clean water fund, parks and trails fund, and environment and natural
resources trust fund are being expended to meet the requirements established for each
fund in the state constitution. Information provided on the Web site must include, but is
not limited to:
new text end

new text begin (1) information on all project proposals received by the Lessard Outdoor Heritage
Council and the Legislative-Citizen Commission on Minnesota Resources;
new text end

new text begin (2) information on all projects receiving funding, including proposed measurable
outcomes and the plan for measuring and evaluating the results;
new text end

new text begin (3) measured outcomes and evaluation of projects as required under sections 85.53,
subdivision 2; 97A.056, subdivision 9; and 114D.50, subdivision 2; and
new text end

new text begin (4) education about the areas and issues the projects address.
new text end

new text begin (b) All information for proposed and funded projects, including the proposed
measurable outcomes, must be made available on the Web site as soon as practicable.
Information on the measured outcomes and evaluation must be posted as soon as it
becomes available. The costs of the office shall be paid out of the outdoor heritage
fund, clean water fund, parks and trails fund, and the environment and natural resources
trust fund proportionately. For purposes of this section, "measurable outcomes" mean
outcomes, indicators, or other performance measures that may be quantified or otherwise
measured in order to measure the effectiveness of a project or program in meeting its
intended goal or purpose.
new text end

Sec. 2.

Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Restoration audits. new text end

new text begin The legislative auditor shall conduct restoration
audits on a portion of land restorations funded in whole or in part with state funds, to
determine whether the activities and programs funded with state funds, including the
outdoor heritage fund, the parks and trails fund, the clean water fund, the environment and
natural resources trust fund, and state-issued bonds, are accomplishing their restoration
goals. The audit must include a critical analysis of the restoration goals and objectives,
scientific evaluation of the results, and the effectiveness of the restorations in meeting
applicable restoration requirements. The legislative auditor shall hire or contract with
scientists and other appropriate persons to meet this requirement. Restoration audits shall
be funded out of the fund that funded the restoration, when possible. For the purposes
of this section, a "restoration audit" is a scientific evaluation of an area of land that has
been restored in order to determine whether the restoration meets applicable requirements
for the restoration.
new text end

Sec. 3.

Minnesota Statutes 2008, section 85.53, is amended to read:


85.53 PARKS AND TRAILS FUND.

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

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

new text begin Subd. 2. new text end

new text begin Expenditures; accountability. new text end

new text begin (a) A project or program receiving funding
from the parks and trails fund must meet or exceed the constitutional requirement to
support parks and trails of regional or statewide significance. A project or program
receiving funding from the parks and trails fund must include measurable outcomes, as
defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
results. A project or program must be consistent with current science when appropriate
and incorporate state of the art technology when appropriate.
new text end

new text begin (b) Funding must be requested and granted for an entire project, even if the project
will take multiple years to complete. For the purposes of this requirement, a project that is
part of a larger project and that could stand on its own constitutes a single project.
new text end

new text begin (c) Biennially, money from the parks and trails fund shall be expended to balance the
benefits across all regions and residents of the state, taking into account resident access
to parks receiving benefits from the fund.
new text end

new text begin (d) All information for funded projects, including the proposed measurable
outcomes, must be made available on the Web site required under section 3.303,
subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as soon as it becomes available.
new text end

new text begin (e) Grants funded by the parks and trails fund must be implemented according to
section 16B.98. Proposals must specify all organizations that will receive any portion of a
grant and specify a process for any regranting envisioned. Priority for grant proposals
must be given to proposals involving grants that will be competitively awarded.
new text end

new text begin (f) A recipient of money from the parks and trails fund must display a sign on lands
and capital improvements purchased, restored, or protected with money from the parks
and trails fund that identifies it as a project funded with money from the vote of the people
of Minnesota on November 4, 2008.
new text end

new text begin (g) All money from the parks and trails fund must be expended in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Data availability. new text end

new text begin Data collected by the projects funded with money from
the parks and trails fund that have value for planning and management of natural resource,
emergency preparedness, and infrastructure investments must conform to the enterprise
information architecture developed by the Office of Enterprise Technology. Spatial data
must conform to geographic information system guidelines and standards outlined in that
architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
Management Information Center. A description of these data that adheres to the Office
of Enterprise Technology geographic metadata standards must be submitted to the Land
Management Information Center to be made available online through the clearinghouse
and the data must be accessible and free to the public unless made private under chapter
13. To the extent practicable, summary data and results of projects and programs funded
with money from the parks and trails fund should be readily accessible on the Internet and
identified as a parks and trails fund project.
new text end

Sec. 4.

Minnesota Statutes 2008, section 97A.056, subdivision 2, is amended to read:


Subd. 2.

Lessard Outdoor Heritage Council.

(a) The Lessard Outdoor Heritage
Council of 12 members is created in the legislative branch, consisting of:

(1) two public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration;

(2) two public members appointed by the speaker of the house;

(3) four public members appointed by the governor;

(4) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration; and

(5) two members of the house of representatives appointed by the speaker of the
house.

(b) Members appointed under paragraph (a) must not be registered lobbyists.
In making appointments, the governor, senate Subcommittee on Committees of the
Committee on Rules and Administration, and the speaker of the house shall consider
geographic balance, gender, age, ethnicity, and varying interests including hunting and
fishing. The governor's appointments to the council are subject to the advice and consent
of the senate.

(c) Public members appointed under paragraph (a) shall have practical experience
or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
wildlife.

(d) Legislative members appointed under paragraph (a) shall include the chairs
of the legislative committees with jurisdiction over environment and natural resources
finance or their designee, one member from the minority party of the senate, and one
member from the minority party of the house of representatives.

(e) Members serve four-year terms and shall be initially appointed according to
the following schedule of terms:

(1) two public members appointed by the governor for a term ending the first
Monday in January 2011;

(2) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2011;

(3) one public member appointed by the speaker of the house for a term ending
the first Monday in January 2011;

(4) two public members appointed by the governor for a term ending the first
Monday in January 2013;

(5) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013;

(6) one public member appointed by the speaker of the house for a term ending the
first Monday in January 2013; and

(7) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration for a term ending the first Monday in
January 2013, and two members of the house of representatives appointed by the speaker
of the house for a term ending the first Monday in January 2013.

(f) Compensation and removal of public members are as provided in section
15.0575. A vacancy on the council may be filled by the appointing authority for the
remainder of the unexpired term.

(g) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
vice-chair, secretary, and other officers as determined by the council. The chair may
convene meetings as necessary to conduct the duties prescribed by this section.

(h) The deleted text begin Department of Natural Resourcesdeleted text end new text begin Legislative Coordinating Commission
new text end shall provide administrative support for the council. Up to one percent of the money
appropriated from the fund may be used to cover the staffing and related administrative
expenses of the deleted text begin department and to coverdeleted text end new text begin council,new text end the compensation and travel expenses of
council membersnew text begin , the staffing and related administrative expenses of the legislative auditor
under section 3.971, subdivision 9, and the staffing and related expenses of the Legislative
Coordinating Commission under section 3.303, subdivision 10
new text end .

Sec. 5.

Minnesota Statutes 2008, section 97A.056, subdivision 3, is amended to read:


Subd. 3.

Council recommendations.

(a) The council shall make recommendations
to the legislature on appropriations of money from the outdoor heritage fund that are
consistent with the Constitution and state law and that deleted text begin take into considerationdeleted text end new text begin will
achieve
new text end the outcomes ofnew text begin existing natural resource plansnew text end , including, but not limited to,
the Minnesota new text begin Statewide new text end Conservation and Preservation Plan, that directly relate to the
restoration, protection, and enhancement of wetlands, prairies, forests, and habitat for fish,
game, and wildlife, and that prevent forest fragmentation, encourage forest consolidation,
and expand restored native prairie. The council shall submit its initial recommendations to
the legislature no later than April 1, 2009. Subsequent recommendations shall be submitted
no later than January 15 each year. The council shall present its recommendations to the
senate and house of representatives committees with jurisdiction over the environment
and natural resources budget by February 15 in odd-numbered years, and within the
first four weeks of the legislative session in even-numbered years. The council's budget
recommendations to the legislature shall be separate from the Department of Natural
Resource's budget recommendations.

(b) To encourage and support local conservation efforts, the council shall establish a
conservation partners program. Local, regional, state, or national organizations may apply
for matching grants for restoration, protection, and enhancement of wetlands, prairies,
forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
encouragement of forest consolidation, and expansion of restored native prairie.

(c) The council may work with the Clean Water Council to identify projects that
are consistent with both the purpose of the outdoor heritage fund and the purpose of
the clean water fund.

(d) The council may make recommendations to the Legislative-Citizen Commission
on Minnesota Resources on scientific research that will assist in restoring, protecting, and
enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
forest fragmentation, encouraging forest consolidation, and expanding restored native
prairie.

(e) Recommendations of the council, including approval of recommendations for the
outdoor heritage fund, require an affirmative vote of at least nine members of the council.

new text begin (f) The council may work with the Clean Water Council, the Legislative-Citizen
Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
water conservation districts, and experts from Minnesota State Colleges and Universities
in developing the council's recommendations.
new text end

new text begin (g) The council shall develop and implement a process that ensures that citizens, in
addition to special interest groups and other potential recipients of funds, are included
throughout the process, including the development and finalization of the council's
recommendations. The process must include a fair, equitable, and thorough process for
reviewing requests for funding and a clear and easily understood process for ranking
projects.
new text end

new text begin (h) The council shall use the regions of the state based upon the ecological
regions and subregions developed by the Department of Natural Resources and establish
objectives for each region and subregion to achieve the purposes of the fund outlined
in the state constitution.
new text end

Sec. 6.

Minnesota Statutes 2008, section 97A.056, subdivision 6, is amended to read:


Subd. 6.

Audit.

The deleted text begin council shall select an independent auditor todeleted text end new text begin legislative auditor
shall
new text end audit the outdoor heritage fund expendituresnew text begin , including administrative and staffing
expenditures,
new text end every two years to ensure that the money is spent to restore, protect, and
enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.

Sec. 7.

Minnesota Statutes 2008, section 97A.056, subdivision 7, is amended to read:


Subd. 7.

Legislative oversight.

deleted text begin (a)deleted text end The senate and house of representatives chairs
of the committees with jurisdiction over the environment and natural resources budget
shall convene a joint hearing to review the activities and evaluate the effectiveness of the
council and deleted text begin evaluate the effectiveness and efficiency of the department's administration
and staffing of the council after five years but
deleted text end new text begin to receive reports on the council from the
legislative auditor
new text end no later than June 30, 2014.

deleted text begin (b) By January 15, 2013, a professional outside review authority shall be chosen by
the chairs of the house of representatives and senate committees with jurisdiction over
environment and natural resources to evaluate the effectiveness and efficiency of the
department's administration and staffing of the council. A report shall be submitted to
the chairs by January 15, 2014.
deleted text end

Sec. 8.

Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Priorities and expenditure requirements. new text end

new text begin (a) A project receiving funding
from the outdoor heritage fund must meet or exceed the constitutional requirements to
restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and
wildlife. Priority must be given to projects that meet more than one of these requirements.
A project must be consistent with current science when appropriate and incorporate state
of the art technology when appropriate. The council may establish funding priorities to
direct funding toward the highest priorities. Priority may be given to projects that are
time sensitive or have a sense of urgency.
new text end

new text begin (b) Funding must be requested and granted for an entire project, even if the project
will take multiple years to complete. For the purposes of this requirement, a project that is
part of a larger project and that could stand on its own constitutes a single project.
new text end

new text begin (c) Biennially, money from the outdoor heritage fund shall be expended to balance
the benefits across all regions and residents of the state, taking into account resident access
to lands receiving benefits from the fund.
new text end

new text begin (d) Grants funded by the outdoor heritage fund must be implemented according to
section 16B.98. Proposals must specify all organizations that will receive any portion of a
grant and specify a process for any regranting envisioned. Priority for grant proposals
must be given to proposals involving grants that will be competitively awarded.
new text end

new text begin (e) All money from the outdoor heritage fund must be expended in Minnesota.
new text end

Sec. 9.

Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Proposal and project requirements. new text end

new text begin (a) A request for funding from
the outdoor heritage fund shall:
new text end

new text begin (1) include a list of measurable outcomes, as defined in section 3.303, subdivision
10, and a plan for measuring and evaluating the results;
new text end

new text begin (2) to the extent practicable, include a list of any lands to be acquired, protected, or
restored; and
new text end

new text begin (3) identify the entity that will hold the title or easement of any lands to be acquired
or protected.
new text end

new text begin (b) Lands acquired by fee with funds from the outdoor heritage fund must be open
to the public taking of game and fish during the open season unless otherwise provided
by law.
new text end

new text begin (c) Lands acquired by fee, restored, or protected by easements with money from
the outdoor heritage fund should ensure the viability of Minnesota's natural system
by supporting native biological diversity and their ecological complexes and provide
protection against invasive species, and must meet one or more of the following criteria:
new text end

new text begin (1) identified as an area of biodiversity significance by the county biological survey;
new text end

new text begin (2) maintains or enhances native plant, fish, or wildlife species designated as
endangered or threatened under section 84.0895;
new text end

new text begin (3) maintains a native ecological community;
new text end

new text begin (4) possesses a unique quality that is of value to the biodiversity of the region;
new text end

new text begin (5) are adjacent to lands meeting one or more of the requirements under clauses (1)
to (4) and that, if restored or protected, enhance those adjacent lands; or
new text end

new text begin (6) are degraded lands that, if restored, would provide or contribute to critical habitat
corridors for native plants, fish, and wildlife.
new text end

new text begin (d) Lands acquired by fee or easement purchased in whole or in part with money
from the outdoor heritage fund must be perpetually protected and have an ecological
restoration plan with sufficient funding for implementation. The ecological restoration
plan must, to the degree practicable, be consistent with the highest quality conservation
and ecological goals for the restoration site. Consideration should be given to soil,
geology, topography, source of planting materials, and other relevant factors that would
provide the best chance for long-term success of the restoration. The plan shall:
new text end

new text begin (1) include the proposed timetable for implementing the restoration, including
site preparation, establishment of diverse plant species, maintenance, and additional
enhancement to establish the restoration;
new text end

new text begin (2) identify long-term maintenance and management needs of the restoration and
how the maintenance, management, and enhancement will be financed; and
new text end

new text begin (3) take advantage of the most current science and include innovative techniques
to achieve the best restoration.
new text end

new text begin (e) Lands restored with money from the outdoor heritage fund must use vegetation
only of Minnesota's native ecotypes using a high diversity of species grown as close to the
restoration site as possible and protect existing native prairies from genetic contamination.
new text end

new text begin (f) Lands purchased, restored, or protected by easements with money from the
outdoor heritage fund are not eligible for wetland replacement or mitigation credits.
new text end

new text begin (g) A recipient of money from the outdoor heritage fund must display a sign on lands
purchased, restored, or protected by easements with money from the outdoor heritage fund
that identifies it as a project funded with money from the vote of the people of Minnesota
on November 4, 2008.
new text end

new text begin (h) To ensure public accountability for the use of public funds, a recipient of
money from the outdoor heritage fund must provide documentation to the council of the
selection process used to identify parcels acquired and provide documentation of all
related transaction costs, including but not limited to appraisals, legal fees, recording fees,
commissions, other similar costs, and donations. This information must be provided for
all parties involved in the transaction. The recipient shall also report to the council any
difference between the acquisition amount paid to the seller and the state-certified or
state-reviewed appraisal. Acquisition data such as appraisals may remain private during
negotiations but must ultimately be made public according to chapter 13.
new text end

new text begin (i) The owner of an interest in real property acquired with money from the outdoor
heritage fund may not alter the intended use of the interest in real property or convey any
interest in the real property acquired with the appropriation without notifying the council
in writing. For the purposes of this section, "interest in real property" includes, but is not
limited to, an easement or fee title to property.
new text end

new text begin (j) A recipient of money from the outdoor heritage fund shall not use the funds to
cover any organizational or operational expenses not related to the project being funded.
new text end

new text begin (k) All information for proposed and funded projects, including the proposed
measurable outcomes, must be made available on the Web site required under section
3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as it becomes available.
new text end

Sec. 10.

Minnesota Statutes 2008, section 97A.056, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Data availability. new text end

new text begin Data collected by the projects funded with money
from the outdoor heritage fund that have value for planning and management of natural
resource, emergency preparedness, and infrastructure investments must conform to the
enterprise information architecture developed by the Office of Enterprise Technology.
Spatial data must conform to geographic information system guidelines and standards
outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse
at the Land Management Information Center. A description of these data that adheres to
the Office of Enterprise Technology geographic metadata standards must be submitted
to the Land Management Information Center to be made available online through the
clearinghouse and the data must be accessible and free to the public unless made private
under chapter 13. To the extent practicable, summary data and results of projects funded
with money from the outdoor heritage fund should be readily accessible on the Internet
and identified as an outdoor heritage fund project.
new text end

Sec. 11.

Minnesota Statutes 2008, section 97A.056, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Report required. new text end

new text begin The council shall, by January 15 of each odd-numbered
year, submit a report to the governor, the chairs of the house of representatives
appropriations and senate finance committees, and the chairs of the house of
representatives and senate committees on environment and natural resources. The report
must be available to the public and posted on the Web site required under section 3.303,
subdivision 10. The report must include:
new text end

new text begin (1) the source and amount of all revenues collected and distributed by the council,
including all administrative and other expenses;
new text end

new text begin (2) a description of the assets and liabilities of the outdoor heritage fund;
new text end

new text begin (3) any findings or recommendations that are deemed proper to assist the legislature
in formulating legislation;
new text end

new text begin (4) a list of all gifts and donations with a value over $1,000; and
new text end

new text begin (5) a copy of the most recent audit required under subdivision 6 and any restoration
audits required under section 3.971, subdivision 9, completed during the preceding
biennium.
new text end

Sec. 12.

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


114D.50 CLEAN WATER FUND.

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

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

new text begin Subd. 2. new text end

new text begin Expenditures; accountability. new text end

new text begin (a) A project receiving funding from
the clean water fund must meet or exceed the constitutional requirements to protect,
enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater
from degradation. Priority must be given to projects that meet more than one of these
requirements. A project receiving funding from the clean water fund shall include
measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
measuring and evaluating the results. A project must be consistent with current science
when appropriate and incorporate state of the art technology when appropriate.
new text end

new text begin (b) Biennially, money from the clean water fund shall be expended to balance the
benefits across all regions and residents of the state, taking into account resident access to
lands and waters receiving benefits from the fund.
new text end

new text begin (c) All information for proposed and funded projects, including the proposed
measurable outcomes, must be made available on the Web site required under section
3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as it becomes available.
new text end

new text begin (d) Grants funded by the clean water fund must be implemented according to section
16B.98. Proposals must specify all organizations that will receive any portion of a grant
and specify a process for any regranting envisioned. Priority for grant proposals must be
given to proposals involving grants that will be competitively awarded.
new text end

new text begin (e) A recipient of money from the clean water fund must display a sign on lands
and capital improvements purchased, restored, or protected with money from the clean
water fund that identifies it as a project funded with money from the vote of the people of
Minnesota on November 4, 2008.
new text end

new text begin (f) All money from the clean water fund must be expended in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Data availability. new text end

new text begin Data collected by the projects funded with money from
the clean water fund that have value for planning and management of natural resource,
emergency preparedness, and infrastructure investments must conform to the enterprise
information architecture developed by the Office of Enterprise Technology. Spatial data
must conform to geographic information system guidelines and standards outlined in that
architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
Management Information Center. A description of these data that adheres to the Office
of Enterprise Technology geographic metadata standards must be submitted to the Land
Management Information Center to be made available online through the clearinghouse
and the data must be accessible and free to the public unless made private under chapter
13. To the extent practicable, summary data and results of projects funded with money
from the outdoor heritage fund should be readily accessible on the Internet and identified
as a clean water fund project.
new text end

Sec. 13.

Minnesota Statutes 2008, section 116P.05, subdivision 2, is amended to read:


Subd. 2.

Duties.

(a) The commission shall recommend an annual legislative bill for
appropriations from the environment and natural resources trust fund and shall adopt a
strategic plan as provided in section 116P.08. Approval of the recommended legislative
bill requires an affirmative vote of at least 12 members of the commission.

(b) The commission shall recommend expenditures to the legislature from the state
land and water conservation account in the natural resources fund.

(c) It is a condition of acceptance of the appropriations made from the Minnesota
environment and natural resources trust fund, and oil overcharge money under section
4.071, subdivision 2, that the agency or entity receiving the appropriation must submit
a work program and semiannual progress reports in the form determined by the
Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
reporting requirements under section 116P.16. new text begin The work program and semiannual
progress reports must include a list of measurable outcomes and a plan for measuring
and evaluating the results. A list of any lands to be restored, or acquired in fee title or
through easements, and the entity that will hold the title or easement must be identified
in the work program.
new text end None of the money provided may be spent unless the commission
has approved the pertinent work program.

(d) The peer review panel created under section 116P.08 must also review, comment,
and report to the commission on research proposals applying for an appropriation from the
oil overcharge money under section 4.071, subdivision 2.

(e) The commission may adopt operating procedures to fulfill its duties under this
chapter.

(f) As part of the operating procedures, the commission shall:

(1) ensure that members' expectations are to participate in all meetings related to
funding decision recommendations;

(2) recommend adequate funding for increased citizen outreach and communications
for trust fund expenditure planning;

(3) allow administrative expenses as part of individual project expenditures based
on need;

(4) provide for project outcome evaluation;

(5) keep the grant application, administration, and review process as simple as
possible; and

(6) define and emphasize the leveraging of additional sources of money that project
proposers should consider when making trust fund proposals.