SF 1583

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying the Critical Areas Act of 1973;
appropriating money; amending Minnesota Statutes 2006, sections 116G.03, by
adding subdivisions; 116G.15.

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

Section 1.

Minnesota Statutes 2006, section 116G.03, is amended by adding a
subdivision to read:

new text begin Subd. 12. new text end

new text begin Base of the bluff. new text end

new text begin "Base of the bluff" means a line delineating the bottom
of a slope connecting the points at which the slope becomes less than 18 percent.
new text end

Sec. 2.

Minnesota Statutes 2006, section 116G.03, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Bluffline. new text end

new text begin "Bluffline" means a line delineating the top of a slope
connecting the points at which the slope becomes less than 18 percent. More than one
bluffline may be encountered proceeding upslope from the river valley.
new text end

Sec. 3.

Minnesota Statutes 2006, section 116G.15, is amended to read:

116G.15 MISSISSIPPI RIVER CRITICAL AREA.

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

(a) The federal Mississippi National River and
Recreation Area established pursuant to United States Code, title 16, section 460zz-2(k),
is designated an area of critical concern in accordance with this chapter. The governor
shall review the existing Mississippi River critical area plan and specify any additional
standards and guidelines to affected communities in accordance with section 116G.06,
subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of the area deleted text begin
pending the completion of the federal plan deleted text end .

The results of an environmental impact statement prepared under chapter 116D
begun before and completed after July 1, 1994, for a proposed project that is located in
the Mississippi River critical area north of the United States Army Corps of Engineers
Lock and Dam Number One must be submitted in a report to the chairs of the environment
and natural resources policy and finance committees of the house of representatives
and the senate prior to the issuance of any state or local permits and the authorization
for an issuance of any bonds for the project. A report made under this paragraph shall
be submitted by the responsible governmental unit that prepared the environmental
impact statement, and must list alternatives to the project that are determined by the
environmental impact statement to be economically less expensive and environmentally
superior to the proposed project and identify any legislative actions that may assist in the
implementation of environmentally superior alternatives. This paragraph does not apply
to a proposed project to be carried out by the Metropolitan Council or a metropolitan
agency as defined in section 473.121.

(b) If the results of an environmental impact statement required to be submitted by
paragraph (a) indicate that there is an economically less expensive and environmentally
superior alternative, then no member agency of the Environmental Quality Board shall
issue a permit for the facility that is the subject of the environmental impact statement,
other than an economically less expensive and environmentally superior alternative,
nor shall any government bonds be issued for the facility, other than an economically
less expensive and environmentally superior alternative, until after the legislature has
adjourned its regular session sine die in 1996.

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin (a) The board shall administer the Mississippi River
critical area program.
new text end

new text begin (b) The board shall work with the National Park Service to draft recommendations
on what provisions of the Mississippi National River and Recreation Area comprehensive
plan should be considered for inclusion in the critical area regulations. Regulations shall
include protections for bluffs and special geologic areas and other restrictions necessary to
protect the natural and aesthetic integrity of the corridor.
new text end

new text begin (c) The board shall work with local units of government to reevaluate and update
plans and regulations to ensure consistency with Executive Order 79-19 and the interim
standards. The standards shall be considered minimum standards for any revisions to local
plans. Local units may be encouraged to develop more restrictive controls.
new text end

new text begin (d) The board shall report to the house and senate committees having jurisdiction
over environmental policy and finance by February 1, 2008, on the Mississippi River
critical area program and at two-year intervals thereafter. The report shall include
the status of critical area plans, zoning ordinances, the number and types of revisions
anticipated, and the nature and number of variances sought. The report shall include
recommendations for regulations needed to adequately protect and manage the aesthetic
integrity and natural environment of the river corridor according to paragraph (b).
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin $100,000 in fiscal year 2008 and $100,000 in fiscal year 2009 are appropriated from
the general fund to the commissioner of administration for the Environmental Quality
Board to add two full-time positions for the management of the Mississippi River critical
area program.
new text end