SF 3138

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 02:13pm

A bill for an act
relating to water; establishing a metropolitan area groundwater monitoring
account and fee; appropriating money; amending Minnesota Statutes 2009
Supplement, section 103G.271, subdivision 6; proposing coding for new law
in Minnesota Statutes, chapter 103G.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 103G.271, subdivision 6,
is amended to read:

Subd. 6.

Water use permit processing fee.

(a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. The schedule is as follows, with the stated fee in each clause
applied to the total amount appropriated:

(1) $140 for amounts not exceeding 50,000,000 gallons per year;

(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;

(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
than 150,000,000 gallons per year;

(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
less than 200,000,000 gallons per year;

(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
than 250,000,000 gallons per year;

(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
less than 300,000,000 gallons per year;

(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;

(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
less than 400,000,000 gallons per year;

(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;

(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and

(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.

(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and

(2) for all other users, $420 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.

(d) For water use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $250,000 per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) $60,000 per year for an entity holding three or fewer permits;

(ii) $90,000 per year for an entity holding four or five permits; or

(iii) $300,000 per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and

(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.

(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.

(g) A surcharge of $30 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.

new text begin (h) A water monitoring fee of .0008 cents per gallon shall be applied to the volume
of groundwater used in the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti,
Ramsey, Scott, Sherburne, Washington, and Wright. Fees collected under this paragraph
must be credited to the metropolitan area groundwater monitoring account established in
section 103G.272.
new text end

Sec. 2.

new text begin [103G.272] METROPOLITAN AREA GROUNDWATER MONITORING
ACCOUNT.
new text end

new text begin A metropolitan area groundwater monitoring account is created in the natural
resources fund. Money in the account is appropriated to the commissioner of natural
resources to provide for monitoring the groundwater quantity and quality of non-stressed
systems in the 11-county metropolitan area, to include the installation, maintenance, and
sealing of new or existing groundwater level monitoring wells, monitoring equipment,
groundwater data analysis, and data management systems. Money received from the water
monitoring fee under section 103G.271, subdivision 6, paragraph (h), and interest earned
on the account shall be deposited into the account.
new text end

Sec. 3. new text begin CLEAN WATER FUND APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Pollution Control Agency. new text end

new text begin $615,000 in fiscal year 2011 is
appropriated from the clean water fund to the commissioner of the Pollution Control
Agency to continue rulemaking to establish water quality standards for total nitrogen
and nitrate nitrogen.
new text end

new text begin Subd. 2. new text end

new text begin Department of Natural Resources. new text end

new text begin (a) The $5,000,000 appropriated in
Laws 2009, chapter 172, article 2, section 4, paragraph (m), for activities relating to
groundwater protection or prevention of groundwater degradation shall be transferred
to the metropolitan area groundwater monitoring account established under Minnesota
Statutes, section 103G.272, to be used by the commissioner of natural resources for the
following purposes:
new text end

new text begin (1) establish a groundwater monitoring network in the 11-county metropolitan area
that monitors non-stressed systems to provide information on aquifer characteristics and
natural water level trends; and
new text end

new text begin (2) develop an automated data system to capture groundwater level and water use
data to enhance the evaluation of water resource changes in aquifer systems that are
stressed by pumping of existing wells.
new text end

new text begin (b) $....... in fiscal year 2011 is appropriated from the clean water fund to the
commissioner of natural resources for the implementation of the next priority of the
St. Louis River Remedial Action Plan, the Knowlton Creek Fishery Restoration and
Enhancement Project, in order to improve water quality in the lower St. Louis River. This
appropriation must be matched by nonstate money at a rate of $2 for every $1 of state
money.
new text end

new text begin Subd. 3. new text end

new text begin Board of Water and Soil Resources. new text end

new text begin $....... in fiscal year 2011 is
appropriated from the clean water fund to the Board of Water and Soil Resources for
the following purposes:
new text end

new text begin (1) $....... is to purchase and restore permanent conservation easements on riparian
buffers of up to 120 feet, on average, adjacent to public waters, excluding wetlands, 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. The riparian buffers must be at least 30 feet unless there is a natural impediment,
a road, or other impediment beyond the control of the landowner. This appropriation
may be used for restoration of riparian buffers protected by easements purchased with
this appropriation and for stream bank restorations when the riparian buffers have been
restored. Up to five percent may be used for administration of this program;
new text end

new text begin (2) $....... is for grants to watershed districts and watershed management
organizations for: (i) structural or vegetative management practices that reduce storm
water runoff from developed or disturbed lands to reduce the movement of sediment,
nutrients, and pollutants or to leverage federal funds for restoration, protection, or
enhancement of water quality in lakes, rivers, and streams and to protect groundwater
and drinking water; and (ii) the installation of proven and effective water retention
practices including, but not limited to, rain gardens and other vegetated infiltration basins
and sediment control basins in order to keep water on the land. The projects must be
of long-lasting public benefit, include a local match, and be consistent with TMDL
implementation plans or local water management plans. Watershed district and watershed
management organization staff and administration may be used for local match. Priority
may be given to school projects that can be used to demonstrate water retention practices.
Up to five percent may be used for administering the grants; and
new text end

new text begin (3) $....... is for permanent conservation easements on wellhead protection areas
under Minnesota Statutes, section 103F.515, subdivision 2, paragraph (d). Priority must
be placed on land that is located where the vulnerability of the drinking water supply
management area, as defined under Minnesota Rules, part 4720.5100, subpart 13, is
designated as high or very high by the commissioner of health.
new text end

Sec. 4. new text begin APPROPRIATION; WATER SUPPLY PLANNING ACTIVITIES.
new text end

new text begin $500,000 is appropriated in fiscal year 2011 from the clean water fund, pursuant to
Minnesota Statutes, section 114D.50, to the Metropolitan Council to fund Metropolitan
Council water supply planning activities under section 473.1565. This appropriation is
available until expended.
new text end