SF 1734

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 09:54am

A bill for an act
relating to clean water; appropriating money from the clean water fund.

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

Section 1. new text begin CLEAN WATER FUND APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this act. The appropriations are from the clean water fund
and are available for the fiscal years indicated for allowable activities under the Minnesota
Constitution, article XI, section 15. The figures "2018" and "2019" used in this act mean
that the appropriations listed under them are available for the fiscal year ending June 30,
2018, or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year"
is fiscal year 2019. "The biennium" is fiscal years 2018 and 2019. The appropriations in
this act are onetime.
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 2018 new text end		new text begin 2019 new text end

Sec. 2. new text begin CLEAN WATER new text end

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 107,083,000 new text end

new text begin $ new text end

new text begin 113,431,000 new text end

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

new text begin Subd. 2. new text end new text begin Availability of Appropriation new text end

new text begin Money appropriated in this article may not be
spent on activities unless they are directly
related to and necessary for a specific
appropriation. Money appropriated in this
article must be spent in accordance with
Minnesota Management and Budget's
Guidance to Agencies on Legacy Fund
Expenditure. Notwithstanding Minnesota
Statutes, section 16A.28, and unless otherwise
specified in this article, fiscal year 2018
appropriations are available until June 30,
2019, and fiscal year 2019 appropriations are
available until June 30, 2020. If a project
receives federal funds, the period of the
appropriation is extended to equal the
availability of federal funding.
new text end

new text begin Subd. 3. new text end new text begin Disability Access new text end

new text begin Where appropriate, grant recipients of clean
water funds, in consultation with the Council
on Disability and other appropriate
governor-appointed disability councils, boards,
committees, and commissions, should make
progress toward providing greater access to
programs, print publications, and digital media
for people with disabilities related to the
programs the recipient funds using
appropriations made in this article.
new text end

Sec. 3. new text begin DEPARTMENT OF AGRICULTURE new text end

new text begin $ new text end

new text begin 9,208,000 new text end

new text begin $ new text end

new text begin 9,208,000 new text end

new text begin (a) $350,000 the first year and $350,000 the
second year are to increase monitoring for
pesticides and pesticide degradates in surface
water and groundwater and to use data
collected to assess pesticide use practices.
new text end

new text begin (b) $2,085,000 the first year and $2,086,000
the second year are for monitoring and
evaluating trends in the concentration of
nitrate in groundwater in areas vulnerable to
groundwater degradation; promoting,
developing, and evaluating regional and
crop-specific nutrient best management
practices; assessing best management practice
adoption; education and technical support from
University of Minnesota Extension; grants to
support agricultural demonstration and
implementation activities; and other actions
to protect groundwater from degradation from
nitrate. This appropriation is available until
June 30, 2022.
new text end

new text begin (c) $75,000 the first year and $75,000 the
second year are for administering clean water
funds managed through the agriculture best
management practices loan program. Any
unencumbered balance at the end of the second
year shall be added to the corpus of the loan
fund.
new text end

new text begin (d) $1,125,000 the first year and $1,125,000
the second year are for technical assistance,
research, and demonstration projects on proper
implementation of best management practices
and more precise information on nonpoint
contributions to impaired waters and for grants
to support on-farm demonstration of
agricultural practices. This appropriation is
available until June 30, 2022.
new text end

new text begin (e) $788,000 the first year and $787,000 the
second year are for research to quantify and
reduce agricultural contributions to impaired
waters and for development and evaluation of
best management practices to protect and
restore water resources. This appropriation is
available until June 30, 2022.
new text end

new text begin (f) $50,000 the first year and $50,000 the
second year are for a research inventory
database containing water-related research
activities. Costs for information technology
development or support for this research
inventory database may be paid to the Office
of MN.IT Services. This appropriation is
available until June 30, 2022.
new text end

new text begin (g) $2,500,000 the first year and $2,500,000
the second year are to implement the
Minnesota agricultural water quality
certification program statewide. Funds
appropriated in this paragraph are available
until June 30, 2021.
new text end

new text begin (h) $110,000 the first year and $110,000 the
second year are to provide funding for a
regional irrigation water quality specialist
through University of Minnesota Extension.
new text end

new text begin (i) $1,000,000 the first year and $1,000,000
the second year are for grants to the Board of
Regents of the University of Minnesota to
fund the Forever Green Agriculture Initiative
and to protect the state's natural resources
while increasing the efficiency, profitability,
and productivity of Minnesota farmers by
incorporating perennial and winter-annual
crops into existing agricultural practices. This
appropriation is available until June 30, 2022.
new text end

new text begin (j) $1,000,000 the first year and $1,000,000
the second year are for pesticide testing of
private wells where nitrate is detected, as part
of the Township Testing Program. This
appropriation is available until June 30, 2022.
new text end

new text begin (k) $125,000 the first year and $125,000 the
second year are to evaluate market
opportunities and develop markets for crops
that can be profitable for farmers and
beneficial for water quality and soil health.
new text end

new text begin (l) A portion of the funds in this section may
be used for programs to train state and local
outreach staff in the intersection between
agricultural economics and agricultural
conservation.
new text end

Sec. 4. new text begin PUBLIC FACILITIES AUTHORITY new text end

new text begin $ new text end

new text begin 8,125,000 new text end

new text begin $ new text end

new text begin 10,125,000 new text end

new text begin (a) $8,000,000 the first year and $10,000,000
the second year are for the point source
implementation grants program under
Minnesota Statutes, section 446A.073. This
appropriation is available until June 30, 2022.
new text end

new text begin (b) $125,000 the first year and $125,000 the
second year are for small community
wastewater treatment grants and loans under
Minnesota Statutes, section 446A.075. This
appropriation is available until June 30, 2022.
new text end

new text begin (c) If there are any uncommitted funds at the
end of each fiscal year under paragraph (a) or
(b), the Public Facilities Authority may
transfer the remaining funds to eligible
projects under any of the programs listed in
this section based on their priority rank on the
Pollution Control Agency's project priority
list.
new text end

Sec. 5. new text begin POLLUTION CONTROL AGENCY new text end

new text begin $ new text end

new text begin 27,358,000 new text end

new text begin $ new text end

new text begin 27,357,000 new text end

new text begin (a) $8,275,000 the first year and $8,275,000
the second year are for completion of needed
statewide assessments of surface water quality
and trends according to Minnesota Statutes,
chapter 114D.
new text end

new text begin (b) $10,145,000 the first year and $10,145,000
the second year are to develop watershed
restoration and protection strategies (WRAPS),
which include total maximum daily load
(TMDL) studies and TMDL implementation
plans for waters listed on the United States
Environmental Protection Agency approved
impaired waters list in accordance with
Minnesota Statutes, chapter 114D. The agency
shall complete an average of ten percent of
the TMDLs each year over the biennium.
new text end

new text begin (c) $1,181,000 the first year and $1,182,000
the second year are for groundwater
assessment, including enhancing the ambient
monitoring network, modeling, and evaluating
trends, including the reassessment of
groundwater that was assessed ten to 15 years
ago and found to be contaminated.
new text end

new text begin (d) $750,000 the first year and $750,000 the
second year are for implementation of the St.
Louis River System Area of Concern
Remedial Action Plan. This appropriation
must be matched at a rate of 65 percent
nonstate money to 35 percent state money.
new text end

new text begin (e) $1,155,000 the first year and $1,155,000
the second year are for TMDL research and
database development.
new text end

new text begin (f) $900,000 the first year and $900,000 the
second year are for national pollutant
discharge elimination system wastewater and
storm water TMDL implementation efforts.
new text end

new text begin (g) $3,623,000 the first year and $3,622,000
the second year are for enhancing the
county-level delivery systems for subsurface
sewage treatment system (SSTS) activities
necessary to implement Minnesota Statutes,
sections 115.55 and 115.56, for protection of
groundwater, including base grants for all
counties with SSTS programs and competitive
grants to counties with specific plans to
significantly reduce water pollution by
reducing the number of systems that are an
imminent threat to public health or safety or
are otherwise failing. Counties that receive
base grants must report the number of sewage
noncompliant properties upgraded through
SSTS replacement, connection to a centralized
sewer system, or other means, including
property abandonment or buy-out. Counties
also must report the number of existing SSTS
compliance inspections conducted in areas
under county jurisdiction. These required
reports are to be part of established annual
reporting for SSTS programs. Counties that
conduct SSTS inventories or those with an
ordinance in place that requires an SSTS to
be inspected as a condition of transferring
property or as a condition of obtaining a local
permit must be given priority for competitive
grants under this paragraph. Of this amount,
$1,000,000 each year is available to counties
for grants to low-income landowners to
address systems that pose an imminent threat
to public health or safety or fail to protect
groundwater. A grant awarded under this
paragraph may not exceed $40,000 for the
biennium. A county receiving a grant under
this paragraph must submit a report to the
agency listing the projects funded, including
an account of the expenditures.
new text end

new text begin (h) $279,000 the first year and $278,000 the
second year are for accelerated implementation
of MS4 permit requirements including
additional technical assistance to
municipalities experiencing difficulties
understanding and implementing the basic
requirements of the municipal storm water
program.
new text end

new text begin (i) $1,000,000 the first year and $1,000,000
the second year are for a grant program for
sanitary sewer projects that are included in the
draft or any updated Voyageurs National Park
Clean Water Project Comprehensive Plan to
restore the water quality of waters in
Voyageurs National Park. Grants must be
awarded to local government units for projects
approved by the Voyageurs National Park
Clean Water Joint Powers Board and must be
matched by at least 25 percent from sources
other than the clean water fund.
new text end

new text begin (j) $50,000 the first year and $50,000 the
second year are to support activities of the
Clean Water Council according to Minnesota
Statutes, section 114D.30, subdivision 1.
new text end

new text begin (k) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations in this
section are available until June 30, 2022.
new text end

Sec. 6. new text begin DEPARTMENT OF NATURAL RESOURCES new text end

new text begin $ new text end

new text begin 11,345,000 new text end

new text begin $ new text end

new text begin 11,345,000 new text end

new text begin (a) $2,000,000 the first year and $2,000,000
the second year are for stream flow
monitoring.
new text end

new text begin (b) $1,300,000 the first year and $1,300,000
the second year are for lake Index of
Biological Integrity (IBI) assessments.
new text end

new text begin (c) $135,000 the first year and $135,000 the
second year are for assessing mercury and
other contaminants of fish, including
monitoring to track the status of impaired
waters over time.
new text end

new text begin (d) $1,985,000 the first year and $1,985,000
the second year are for developing targeted,
science-based watershed restoration and
protection strategies.
new text end

new text begin (e) $1,700,000 the first year and $1,700,000
the second year are for water supply planning,
aquifer protection, and monitoring activities.
new text end

new text begin (f) $1,000,000 the first year and $1,000,000
the second year are for technical assistance to
support local implementation of nonpoint
source restoration and protection activities.
new text end

new text begin (g) $675,000 the first year and $675,000 the
second year are for applied research and tools,
including watershed hydrologic modeling;
maintaining and updating spatial data for
watershed boundaries, streams, and water
bodies and integrating high-resolution digital
elevation data; and assessing effectiveness of
forestry best management practices for water
quality.
new text end

new text begin (h) $125,000 the first year and $125,000 the
second year are for developing county
geologic atlases.
new text end

new text begin (i) $100,000 the first year and $100,000 the
second year are for maintenance and updates
to buffer maps and for technical guidance on
buffer map interpretation to local units of
government for implementation of buffer
requirements. Maps must be provided to local
units of government and made available to
landowners on the Department of Natural
Resources' Web site.
new text end

new text begin (j) $325,000 the first year and $325,000 the
second year are to collect color infrared
imagery for determining perennial cover
statewide.
new text end

new text begin (k) $1,000,000 the first year and $1,000,000
the second year are to acquire in fee and
permanent conservation easements on lands
adjacent to public waters for aquatic
management area purposes under Minnesota
Statutes, section 86A.05, subdivision 14, to
maintain water quality and fish habitat.
new text end

new text begin (l) $1,000,000 the first year and $1,000,000
the second year are to acquire permanent
conservation easements in targeted areas to
protect the forests and shorelands that supply
clean water to lakes, rivers, and streams under
Minnesota Statutes, section 84.66.
new text end

Sec. 7. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 43,776,000 new text end

new text begin $ new text end

new text begin 48,142,000 new text end

new text begin (a) $3,817,000 the first year and $8,183,000
the second year are for a pilot program to
provide performance-based grants to local
government units. The grants may be used to
implement projects that protect, enhance, and
restore surface water quality in lakes, rivers,
and streams; protect groundwater from
degradation; and protect drinking water
sources. Projects must be identified in a
comprehensive watershed plan developed
under the One Watershed, One Plan or
metropolitan surface water management
frameworks or groundwater plans. Grant
recipients must identify a nonstate match and
may use other legacy funds to supplement
projects funded under this paragraph.
new text end

new text begin (b) $14,750,000 the first year and $14,750,000
the second year are for grants to protect and
restore surface water and drinking water; to
keep water on the land; to protect, enhance,
and restore water quality in lakes, rivers, and
streams; and to protect groundwater and
drinking water, including feedlot water quality
and subsurface sewage treatment system
projects and stream bank, stream channel,
shoreline restoration, and ravine stabilization
projects. The projects must use practices
demonstrated to be effective, be of long-lasting
public benefit, include a match, and be
consistent with total maximum daily load
(TMDL) implementation plans, watershed
restoration and protection strategies (WRAPS),
or local water management plans or their
equivalents. A portion of these funds may be
used to seek administrative efficiencies
through shared resources by multiple local
governmental units.
new text end

new text begin (c) $6,000,000 the first year and $6,000,000
the second year are for accelerated
implementation, including local resource
protection and enhancement grants and
statewide program enhancements of
supplements for technical assistance, citizen
and community outreach, compliance, and
training and certification.
new text end

new text begin (d) $950,000 the first year and $950,000 the
second year are to provide state oversight and
accountability, evaluate results, provide
implementation tools, and measure the value
of conservation program implementation by
local governments, including submission to
the legislature by March 1 each
even-numbered year a biennial report prepared
by the board, in consultation with the
commissioners of natural resources, health,
agriculture, and the Pollution Control Agency,
detailing the recipients, the projects funded
under this section, and the amount of pollution
reduced.
new text end

new text begin (e) $3,400,000 the first year and $3,400,000
the second year are to provide assistance,
oversight, and grants for supporting local
governments in implementing and complying
with riparian protection and excessive soil loss
requirements.
new text end

new text begin (f) $6,000,000 the first year and $6,000,000
the second year are to restore or preserve
permanent conservation on riparian buffers
adjacent to lakes, rivers, streams, and
tributaries, to keep water on the land in order
to decrease sediment, pollutant, and nutrient
transport; reduce hydrologic impacts to surface
waters; and increase infiltration for
groundwater recharge. This appropriation may
be used for restoration of riparian buffers
permanently protected by easements purchased
with this appropriation or contracts to achieve
permanent protection for riparian buffers or
stream bank restorations when the riparian
buffers have been restored. Up to $1,920,000
is for deposit in a monitoring and enforcement
account.
new text end

new text begin (g) $1,750,000 the first year and $1,750,000
the second year are for permanent
conservation easements on wellhead protection
areas under Minnesota Statutes, section
103F.515, subdivision 2, paragraph (d), or for
grants to local units of government for fee title
acquisition to permanently protect
groundwater supply sources on wellhead
protection areas or for otherwise assuring
long-term protection of groundwater supply
sources as described under alternative
management tools in the Department of
Agriculture's Nitrogen Fertilizer Management
Plan, including low nitrogen cropping systems
or implementing nitrogen fertilizer best
management practices. Priority must be placed
on land that is located where the vulnerability
of the drinking water supply is designated as
high or very high by the commissioner of
health, where drinking water protection plans
have identified specific activities that will
achieve long-term protection, and on lands
with expiring Conservation Reserve Program
contracts. Up to $105,000 is for deposit in a
monitoring and enforcement account.
new text end

new text begin (h) $84,000 the first year and $84,000 the
second year are for a technical evaluation
panel to conduct ten restoration evaluations
under Minnesota Statutes, section 114D.50,
subdivision 6.
new text end

new text begin (i) $2,100,000 the first year and $2,100,000
the second year are for assistance, oversight,
and grants to local governments to transition
local water management plans to a watershed
approach as provided for in Minnesota
Statutes, chapters 103B, 103C, 103D, and
114D.
new text end

new text begin (j) $750,000 the first year and $750,000 the
second year are for technical assistance and
grants for the conservation drainage program
in consultation with the Drainage Work Group,
coordinated under Minnesota Statutes, section
103B.101, subdivision 13, that includes
projects to improve multipurpose water
management under Minnesota Statutes, section
103E.015.
new text end

new text begin (k) $1,500,000 the first year and $1,500,000
the second year are to purchase and restore
permanent conservation sites via easements
or contracts to treat and store water on the land
for water quality improvement purposes and
related technical assistance. This work may
be done in cooperation with the United States
Department of Agriculture with a first priority
use to accomplish a conservation reserve
enhancement program, or equivalent, in the
state. Up to $2,880,000 is for deposit in a
monitoring and enforcement account.
new text end

new text begin (l) $1,250,000 the first year and $1,250,000
the second year are to purchase permanent
conservation easements to protect lands
adjacent to public waters with good water
quality but threatened with degradation. Up
to $60,000 is for deposit in a monitoring and
enforcement account.
new text end

new text begin (m) $425,000 the first year and $425,000 the
second year are for a program to
systematically collect data and produce
county, watershed, and statewide estimates of
soil erosion caused by water and wind along
with tracking adoption of conservation
measures, including cover crops, to address
erosion.
new text end

new text begin (n) $1,000,000 the first year and $1,000,000
the second year are for clean water legacy
grants or contracts of up to $100,000 to
governmental, nongovernmental, and tribal
organizations for implementation projects that
protect, enhance, and restore water quality or
protect groundwater and drinking water
sources from degradation.
new text end

new text begin (o) The board shall contract for delivery of
services with Conservation Corps Minnesota
for restoration, maintenance, and other
activities under this section for up to $500,000
the first year and up to $500,000 the second
year.
new text end

new text begin (p) The board may shift grant or cost-share
funds in this section and may adjust the
technical and administrative assistance portion
of the funds to leverage federal or other
nonstate funds or to address oversight
responsibilities or high-priority needs
identified in local water management plans.
new text end

new text begin (q) The board shall require grantees to specify
the outcomes that will be achieved by the
grants prior to any grant awards.
new text end

new text begin (r) The appropriations in this section are
available until June 30, 2022. Returned grant
funds are available until expended and shall
be regranted consistent with the purposes of
this section.
new text end

Sec. 8. new text begin DEPARTMENT OF HEALTH new text end

new text begin $ new text end

new text begin 4,998,000 new text end

new text begin $ new text end

new text begin 4,997,000 new text end

new text begin (a) $1,100,000 the first year and $1,100,000
the second year are for addressing public
health concerns related to contaminants found
in Minnesota drinking water for which no
health-based drinking water standards exist,
including accelerating the development of
health risk limits and improving the capacity
of the department's laboratory to analyze
unregulated contaminants.
new text end

new text begin (b) $2,798,000 the first year and $2,797,000
the second year are for protection of drinking
water sources.
new text end

new text begin (c) $250,000 the first year and $250,000 the
second year are for cost-share assistance to
public and private well owners for up to 50
percent of the cost of sealing unused wells.
new text end

new text begin (d) $200,000 the first year and $200,000 the
second year are to develop and deliver
groundwater restoration and protection
strategies for use on a watershed scale for use
in local water planning efforts and to provide
resources to local governments for drinking
water source protection activities.
new text end

new text begin (e) $400,000 the first year and $400,000 the
second year are for studying the occurrence
and magnitude of contaminants in private
wells and developing guidance and outreach
to reduce risks to private-well owners.
new text end

new text begin (f) $100,000 the first year and $100,000 the
second year are for evaluating and addressing
the risks from viruses in water supplies.
new text end

new text begin (g) $150,000 the first year and $150,000 the
second year are to develop public health
policies and an action plan to address threats
to safe drinking water, and to conduct an
analysis to determine the scope of the lead
problem in Minnesota's water and the cost to
eliminate lead exposure in drinking water.
new text end

new text begin (h) Unless otherwise specified, the
appropriations in this section are available
until June 30, 2021.
new text end

Sec. 9. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 1,250,000 new text end

new text begin $ new text end

new text begin 1,250,000 new text end

new text begin (a) $1,000,000 the first year and $1,000,000
the second year are to implement projects that
address emerging drinking-water supply
threats, provide cost-effective regional
solutions, leverage interjurisdictional
coordination, support local implementation of
water supply reliability projects, and prevent
degradation of groundwater resources in the
metropolitan area. These projects will provide
to communities:
new text end

new text begin (1) potential solutions to leverage regional
water use through use of surface water, storm
water, wastewater, and groundwater;
new text end

new text begin (2) an analysis of infrastructure requirements
for different alternatives;
new text end

new text begin (3) development of planning level cost
estimates, including capital cost and operation
cost;
new text end

new text begin (4) identification of funding mechanisms and
an equitable cost-sharing structure for
regionally beneficial water supply
development projects; and
new text end

new text begin (5) development of subregional groundwater
models.
new text end

new text begin (b) $250,000 the first year and $250,000 the
second year are for the water demand
reduction grant program to encourage
implementation of water demand reduction
measures by municipalities in the metropolitan
area to ensure the reliability and protection of
drinking water supplies.
new text end

Sec. 10. new text begin UNIVERSITY OF MINNESOTA new text end

new text begin $ new text end

new text begin 1,008,000 new text end

new text begin $ new text end

new text begin 1,007,000 new text end

new text begin (a) $125,000 the first year and $125,000 the
second year are for developing county
geologic atlases. This appropriation is
available until June 30, 2022.
new text end

new text begin (b) $750,000 the first year and $750,000 the
second year are for a performance evaluation
and technology transfer program for storm
water best management practices to enhance
data and information management of storm
water best management practices; evaluate
best management performance and
effectiveness to support meeting total
maximum daily loads; develop standards and
incorporate state-of-the-art guidance using
minimal impact design standards as the model;
and implement a knowledge and technology
transfer system across local government,
industry, and regulatory sectors. This
appropriation is available until June 30, 2020.
new text end

new text begin (c) $133,000 the first year and $132,000 the
second year are to provide guidance
documents and tools evaluating the clean
water fund's return on investment to measure
impacts on water quality and human
well-being as well as assist in future funding
decisions.
new text end

Sec. 11. new text begin LEGISLATURE new text end

new text begin $ new text end

new text begin 15,000 new text end

new text begin new text end

new text begin new text end

new text begin $15,000 the first year is for the Legislative
Coordinating Commission for the Web site
required in Minnesota Statutes, section 3.303,
subdivision 10.
new text end