SF 1433

as introduced - 89th Legislature (2015 - 2016) Posted on 09/29/2015 12:33pm

A bill for an act
relating to natural resources; providing for comprehensive watershed
management; amending Minnesota Statutes 2014, sections 103A.206; 103B.101,
by adding a subdivision; 103C.101, by adding a subdivision; 103C.401,
subdivision 1; 103C.501, subdivision 5; proposing coding for new law in
Minnesota Statutes, chapter 103B.

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

Section 1.

Minnesota Statutes 2014, section 103A.206, is amended to read:

103A.206 SOIL AND WATER CONSERVATION POLICY.

Maintaining and enhancing the quality of soil and water for the environmental and
economic benefits they produce, preventing degradation, and restoring degraded soil and
water resources of this state contribute greatly to the health, safety, economic well-being,
and general welfare of this state and its citizens. Land occupiers have the responsibility to
implement practices that conserve the soil and water resources of the state. Soil and water
conservation measures implemented on private lands in this state provide benefits to the
general public by reducing erosion, sedimentation, siltation, water pollution, and damages
caused by floods. The soil and water conservation policy of the state is to encourage land
occupiers to conserve soil, water, and the natural resources they support through the
implementation of practices that:

(1) control or prevent erosion, sedimentation, siltation, and related pollution in
order to preserve natural resources;

(2) ensure continued new text begin soil health, as defined under section 103C.101, subdivision
10a, and new text end soil productivity;

(3) protect water quality;

(4) prevent impairment of dams and reservoirs;

(5) reduce damages caused by floods;

(6) preserve wildlife;

(7) protect the tax base; and

(8) protect public lands and waters.

Sec. 2.

Minnesota Statutes 2014, section 103B.101, is amended by adding a
subdivision to read:

new text begin Subd. 16. new text end

new text begin Water quality practices; standardized specifications. new text end

new text begin The Board of
Water and Soil Resources shall work with state and federal agencies, academic institutions,
local governments, practitioners, and stakeholders to foster mutual understanding and
provide recommendations for standardized specifications for water quality and soil
conservation protection and improvement practices and projects. The board may convene
working groups or work teams to develop information, education, and recommendations.
new text end

Sec. 3.

new text begin [103B.801] COMPREHENSIVE WATERSHED MANAGEMENT
PLANNING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions under section 103B.3363, subdivisions 2
to 4, apply to this section.
new text end

new text begin Subd. 2. new text end

new text begin Program purposes. new text end

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

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

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

new text begin (3) incorporate and make use of data and information, including watershed
restoration and protection strategies under section 114D.26;
new text end

new text begin (4) solicit input and engage experts from agencies, citizens, and stakeholder groups;
new text end

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

new text begin (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 chapter 103B, 103C, or 103D.
new text end

new text begin Subd. 3. new text end

new text begin Coordination. new text end

new text begin The board shall develop policies for coordination and
development of comprehensive watershed management plans. To ensure effectiveness
and accountability in meeting the purposes of subdivision 2, these policies must address,
at a minimum:
new text end

new text begin (1) a boundary framework consistent with section 103B.101, subdivision 14,
paragraph (a), and procedures, requirements, and criteria for establishing or modifying
the framework consistent with the goals of section 103A.212. The metropolitan area, as
defined under section 473.121, subdivision 2, may be considered for inclusion in the
boundary framework. If included, the metropolitan area is not excluded from the water
management programs under sections 103B.201 to 103B.255;
new text end

new text begin (2) requirements for coordination, participation, and commitment between local
government units in the development, approval, adoption, and implementation of
comprehensive watershed management plans within planning boundaries identified
according to this subdivision;
new text end

new text begin (3) requirements for consistency with state agency-adopted water and natural
resources-related plans and documents required by chapters 103A, 103B, 103C, 103D,
103E, 103F, 103G, and 114D; and
new text end

new text begin (4) procedures for plan development, review, and approval consistent with the intent
of sections 103B.201, 103B.255, 103B.311, 103B.321, 103D.401, and 103D.405. If the
procedures in these sections are contradictory as applied to a specific proceeding, the
board must establish a forum where the public interest conflicts involved can be presented
and, by consideration of the whole body of water law, the controlling policy can be
determined and apparent inconsistencies resolved.
new text end

new text begin Subd. 4. new text end

new text begin Plan content. new text end

new text begin (a) The board shall develop policies for required
comprehensive watershed management plan content consistent with comprehensive local
water management planning. To ensure effectiveness and accountability in meeting the
purposes of subdivision 2, plan content must include, at a minimum:
new text end

new text begin (1) an analysis and prioritization of issues and resource concerns;
new text end

new text begin (2) measurable goals to address the issues and concerns, including but not limited to:
new text end

new text begin (i) restoration, protection, and preservation of natural surface water and groundwater
storage and retention systems;
new text end

new text begin (ii) minimization of public capital expenditures needed to correct flooding and
water quality problems;
new text end

new text begin (iii) restoration, protection, and improvement of surface water and groundwater
quality;
new text end

new text begin (iv) establishment of more uniform local policies and official controls for surface
water and groundwater management;
new text end

new text begin (v) identification of priority areas for wetland enhancement, restoration, and
establishment;
new text end

new text begin (vi) identification of priority areas for riparian zone management and buffers;
new text end

new text begin (vii) prevention of erosion and soil transport into surface water systems;
new text end

new text begin (viii) promotion of groundwater recharge;
new text end

new text begin (ix) protection and enhancement of fish and wildlife habitat and water recreational
facilities; and
new text end

new text begin (x) securing other benefits associated with the proper management of surface water
and groundwater;
new text end

new text begin (3) a targeted implementation schedule describing at a minimum the actions,
locations, timeline, estimated costs, method of measurement, and identification of roles
and responsible government units;
new text end

new text begin (4) a description of implementation programs, including how the implementation
schedule will be achieved and how the plan will be administered and coordinated between
local water management responsibilities; and
new text end

new text begin (5) a land and water resource inventory.
new text end

new text begin Subd. 5. new text end

new text begin Timelines; administration. new text end

new text begin (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 end

new text begin (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.
new text end

new text begin Subd. 6. new text end

new text begin Authority. new text end

new text begin Notwithstanding any laws to the contrary, the authorities
granted to local government through chapters 103B, 103C, and 103D are retained when
a comprehensive watershed management plan is adopted as a substitute for a watershed
management plan required under section 103B.231, a county groundwater plan authorized
under section 103B.255, a county water plan authorized under section 103B.311, a
comprehensive plan authorized under section 103C.331, or a watershed management plan
required under section 103D.401 or 103D.405.
new text end

Sec. 4.

Minnesota Statutes 2014, section 103C.101, is amended by adding a
subdivision to read:

new text begin Subd. 10a. new text end

new text begin Soil health. new text end

new text begin "Soil health" means the continued capacity of soil to
function as a vital living system that sustains plants, animals, and humans. Indicators
of soil health include water infiltration capacity; organic matter content; water holding
capacity; biological capacity to break down plant residue and other substances and
to maintain soil aggregation; nutrient sequestration and cycling capacity; carbon
sequestration; and soil resistance.
new text end

Sec. 5.

Minnesota Statutes 2014, section 103C.401, subdivision 1, is amended to read:

Subdivision 1.

Powers and duties.

In addition to the powers and duties of the state
board provided by other law, the state board shall:

(1) offer to assist the district boards to implement their programs;

(2) keep the district boards of the state informed of the activities and experience of
other districts and facilitate cooperation and an interchange of advice and experience
among the districts;

(3) coordinate the programs and activities of the districts with appropriate agencies
by advice and consultation;

(4) approve or disapprove the plans or programs of districts relating to the use of
state funds administered by the state board;

(5) secure the cooperation and assistance of agencies in the work of the districts
and develop a program to advise and assist appropriate agencies in obtaining state and
federal funds for erosion, sedimentation, flooding, and agriculturally related pollution
control programs;

(6) develop and implement a public information program concerning the districts'
activities and programs, the problems and preventive practices relating to erosion control,
sedimentation, agriculturally related pollution, flood prevention, and the advantages of
formation of districts in areas where their organization is desirable;

(7) consolidate districts without a hearing or a referendum;

(8) assist the statewide program to inventory and classify the types of soils in the
state as determined by the Minnesota Cooperative Soil Survey;

(9) identify research needs and cooperate with other public agencies in research
concerning the nature and extent of erosion, sedimentation, flooding and agriculturally
related pollution, the amounts and sources of sediment and pollutants delivered to the
waters of the state, and long-term soil productivity;

(10) develop structural, land use management practice, and other programs to reduce
or prevent soil erosion, sedimentation, flooding, and agriculturally related pollution;

(11) develop a system of priorities to identify the erosion, flooding, sediment, and
agriculturally related pollution problem areas that most need control systems;

(12) ensure compliance with statewide programs and policies established by the state
board by advice, consultation, and approval of grant agreements with the districts; deleted text begin and
deleted text end

(13) service requests from districts to consolidate districts across county boundaries
and facilitate other agreed-to reorganizations of districts with other districts or other
local units of government, including making grants, within the limits of available funds,
to offset the cost of consolidation or reorganization new text begin ; and
new text end

new text begin (14) develop and implement a state-led technical training and certification program new text end .

Sec. 6.

Minnesota Statutes 2014, 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 or water quantity improvements that
are consistent with the district's comprehensive and annual work plans.

new text begin (b) A district board, with approval from the state board and consistent with state
board rules and policies, may contract on a cost-share basis to furnish financial aid to a
land occupier for nonstructural land management practices that are part of a planned
erosion control or water quality improvement plan.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The duration of the contract must, at a minimum, be the time required to
complete the planned systems. A contract must specify that the land occupier is liable for
monetary damages and penalties in an amount up to 150 percent of the 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.

deleted text begin (c) deleted text end new text begin (d) new text end 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.

deleted text begin (d) deleted text end new text begin (e) new text end The state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.

deleted text begin (e) deleted text end new text begin (f) new text end When a district board determines that long-term maintenance of a system or
practice is desirable, the board may require that 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.