SF 5298

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/25/2024 09:06am

A bill for an act
relating to legacy; modifying prior appropriations from clean water fund;
appropriating money; amending Laws 2023, chapter 40, article 2, sections 2,
subdivision 1; 3; 4; 5; 6; 7; 9.

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

Section 1.

Laws 2023, chapter 40, article 2, section 2, subdivision 1, is amended to read:

Subdivision 1. Total Appropriation

$

158,897,000

$

deleted text begin 159,499,000 deleted text end new text begin 184,925,000 new text end

This appropriation is from the clean water
fund. The amounts that may be spent for each
purpose are specified in the following sections.

Sec. 2.

Laws 2023, chapter 40, article 2, section 3, is amended to read:

Sec. 3. DEPARTMENT OF AGRICULTURE

$

20,839,000

$

deleted text begin 20,839,000 deleted text end new text begin 25,241,000 new text end

(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. This
appropriation is available until June 30, 2028.

(b) $3,000,000 the first year and deleted text begin $3,000,000 deleted text end new text begin
$4,000,000 new text end the second year are for monitoring
and evaluating trends in the concentration of
nitrate in groundwater; promoting, developing,
and evaluating regional and crop-specific
nutrient best management practices, cover
crops, and other vegetative cover; assessing
adoption of best management practices and
other recommended practices; education and
technical support from University of
Minnesota Extension; grants to support
agricultural demonstration and implementation
activities, including research activities at the
Rosholt Research Farm; and other actions to
protect groundwater from degradation from
nitrate. This appropriation is available until
June 30, 2028.

(c) $4,799,000 the first year and deleted text begin $4,799,000 deleted text end new text begin
$8,201,000 new text end the second year are for the
agriculture best management practices loan
program. Any unencumbered balance at the
end of the second year must be added to the
corpus of the loan fund.

(d) $1,500,000 the first year and $1,500,000
the second year are for technical assistance;
research, demonstration, and promotion
projects on properly implementing best
management practices and vegetative cover;
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, 2028.

(e) $40,000 the first year and $40,000 the
second year are for maintenance of the
Minnesota Water Research Digital Library.
Costs for information technology development
or support for the digital library may be paid
to the Office of MN.IT Services. This
appropriation is available until June 30, 2028.

(f) $3,500,000 the first year and $3,500,000
the second year are to implement the
Minnesota agricultural water quality
certification program statewide. This
appropriation is available until June 30, 2028.

(g) $150,000 the first year and $150,000 the
second year are for a regional irrigation water
quality specialist through University of
Minnesota Extension. This appropriation is
available until June 30, 2028.

(h) $3,000,000 the first year and $3,000,000
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, 2028.

(i) $500,000 the first year and $500,000 the
second year are for testing drinking-water
wells for pesticides and establishing a
mitigation program for water treatment of
contaminated wells. This appropriation is
available until June 30, 2028.

(j) $1,750,000 the first year and $1,750,000
the second year are for conservation
equipment assistance grants to purchase
equipment or items to retrofit existing
equipment that has climate and water quality
benefits. This appropriation is available until
June 30, 2028.

(k) $1,500,000 the first year and $1,500,000
the second year are for expanding the existing
state weather station and soil temperature
network to provide accurate and timely
weather data to optimize the timing of
irrigation, fertilizer, pesticide, and manure
applications and support land management
decisions. This appropriation is available until
June 30, 2028.

(l) $750,000 the first year and $750,000 the
second year are for grants for research and
demonstration sites and projects to evaluate,
develop, demonstrate, and promote regional
and animal-specific recommendations for
manure crediting and to develop or revise
manure best management practices through
University of Minnesota Extension. This
appropriation is available until June 30, 2028.

Sec. 3.

Laws 2023, chapter 40, article 2, section 4, is amended to read:

Sec. 4. POLLUTION CONTROL AGENCY

$

24,187,000

$

deleted text begin 24,188,000 deleted text end new text begin 29,514,000 new text end

(a) $9,050,000 the first year and deleted text begin $9,050,000 deleted text end new text begin
$9,376,000 new text end the second year are for completing
needed statewide assessments of surface water
quality and trends according to Minnesota
Statutes, chapter 114D. Of this amount,
$163,000 the first year and $163,000 the
second year are for grants to the Red River
Watershed Management Board to enhance and
expand the existing water quality and
watershed monitoring river watch activities
in schools in the Red River of the North
watershed. By February 15, 2025, the Red
River Watershed Management Board must
provide a report to the commissioner and to
the chairs and ranking minority members of
the legislative committees and divisions with
jurisdiction over environment and natural
resources finance and policy and the clean
water fund on the expenditure of this
appropriation.

(b) $6,350,000 the first year and $6,350,000
the second year are to update watershed
restoration and protection strategies, which
include total maximum daily load (TMDL)
studies and TMDL implementation plans
according to Minnesota Statutes, chapter
114D, for waters on the impaired waters list
approved by the United States Environmental
Protection Agency.

(c) $1,000,000 the first year and $1,000,000
the second year are for groundwater
assessment, including enhancing the ambient
monitoring network, modeling, evaluating
trends.

(d) $750,000 the first year and $750,000 the
second year are for implementing the St. Louis
River System Area of Concern remedial action
plan.

(e) $1,500,000 the first year and $1,500,000
the second year are for national pollutant
discharge elimination system wastewater and
stormwater TMDL implementation efforts.

(f) $3,550,000 the first year and deleted text begin $3,550,000 deleted text end new text begin
$5,550,000 new text end 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
protecting groundwater. This appropriation
includes base grants for all counties with SSTS
programs. Counties that receive base grants
must report the number of properties with
noncompliant systems upgraded through an
SSTS replacement, connection to a centralized
sewer system, or other means, including
property abandonment or buyout. Counties
also must report the number of existing SSTS
compliance inspections conducted in areas
under county jurisdiction. The required reports
must be part of the established annual
reporting for SSTS programs. Of this amount,
at least $900,000 each year is available to
counties for grants to low-income landowners
to address systems that pose an imminent
threat to public health Next or safety or fail to
protect groundwater. 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.

(g) $650,000 the first year and deleted text begin $650,000 deleted text end new text begin
$1,650,000 new text end the second year are for activities
and grants that reduce chloride pollution.

(h) $337,000 the first year and $338,000 the
second year are to support activities of the
Clean Water Council according to Minnesota
Statutes, section 114D.30, subdivision 1.

(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 begin (j) $2,000,000 the second year is for designing
and installing a network of nitrate sensors for
the continuous real-time monitoring of nitrates
in major watershed and basin pour points.
new text end

deleted text begin (j) deleted text end new text begin (k) new text end Any unencumbered grant balances in
the first year do not cancel but are available
for grants in the second year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations in this section are available
until June 30, 2028.

Sec. 4.

Laws 2023, chapter 40, article 2, section 5, is amended to read:

Sec. 5. DEPARTMENT OF NATURAL RESOURCES

$

12,780,000

$

deleted text begin 12,780,000 deleted text end new text begin 12,870,000 new text end

(a) $2,550,000 the first year and $2,550,000
the second year are for streamflow monitoring.

(b) $1,450,000 the first year and $1,450,000
the second year are for lake Index of
Biological Integrity (IBI) assessments.

(c) $455,000 the first year and deleted text begin $455,000 deleted text end new text begin
$545,000 new text end the second year are for assessing
mercury and other fish contaminants,
including PFAS compounds, and monitoring
to track the status of impaired waters over
time.

(d) $2,150,000 the first year and $2,150,000
the second year are for developing targeted,
science-based watershed restoration and
protection strategies and for technical
assistance for local governments.

(e) $2,000,000 the first year and $2,000,000
the second year are for water-supply planning,
aquifer protection, and monitoring activities
and analysis.

(f) $1,600,000 the first year and $1,600,000
the second year are for technical assistance to
support local implementation of nonpoint
source restoration and protection activities and
targeted forest stewardship for water quality.

(g) $650,000 the first year and $650,000 the
second year are for applied research and tools,
including maintaining and updating spatial
data for watershed boundaries, streams, and
water bodies and integrating high-resolution
digital elevation data and for assessing the
effectiveness of forestry best management
practices for water quality.

(h) $25,000 the first year and $25,000 the
second year are for maintaining and updating
buffer maps and for technical guidance on
interpreting buffer maps for local units of
government implementing buffer
requirements. Maps must be provided to local
units of government and made available to
landowners on the Department of Natural
Resources website.

(i) $100,000 the first year and $100,000 the
second year are for accelerating completion
of or updates to county geologic atlases and
supplementing water chemistry or chemical
movement studies.

(j) $300,000 the first year and $300,000 the
second year are for increasing native
freshwater mussel production capacity and
restoring and monitoring freshwater mussel
restoration efforts.

(k) $500,000 the first year and $500,000 the
second year are for implementing water
storage projects on state-administered land to
enhance water quality and ecological benefits.

(l) $1,000,000 the first year and $1,000,000
the second year are for providing technical
and financial assistance for county and local
governments to replace failing or ineffective
culverts using modern designs that restore
floodplain connectivity, biological
connectivity, and channel stability. This
appropriation is available for up to two
additional years.

Sec. 5.

Laws 2023, chapter 40, article 2, section 6, is amended to read:

Sec. 6. BOARD OF WATER AND SOIL RESOURCES

$

78,064,000

$

deleted text begin 78,063,000 deleted text end new text begin 89,497,000 new text end

(a) $39,500,000 the first year and $39,500,000
the second year are for grants to implement
state-approved watershed-based plans. The
grants may be used to implement projects or
programs 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 program
and seven-county metropolitan groundwater
or surface water management frameworks as
provided for in Minnesota Statutes, chapters
103B, 103C, 103D, and 114D. Grant recipients
must identify a nonstate match and may use
other legacy funds to supplement projects
funded under this paragraph. This
appropriation may be used for:

(1) implementing state-approved plans,
including within the following watershed
planning areas: Bois de Sioux - Mustinka,
Buffalo-Red River, Cannon River, Cedar -
Wapsipinicon, Chippewa River, Clearwater
River, Cottonwood-Middle Minnesota, Crow
Wing River, Des Moines River, Greater
Zumbro River, Hawk Creek - Middle
Minnesota, Kettle and Upper St. Croix, Lac
qui Parle-Yellow Bank, Lake of the Woods,
Lake Superior North, Le Sueur River, Leech
Lake River, Long Prairie River, Lower
Minnesota River East, Lower Minnesota River
West, Lower St. Croix River,
Middle-Snake-Tamarac Rivers, Mississippi
River Brainerd, Mississippi River Headwaters,
Mississippi River St. Cloud, Mississippi River
Winona/La Crescent, Missouri River Basin,
Nemadji River, North Fork Crow River, Otter
Tail, Pine River, Pomme de Terre River,
Rainy-Rapid River, Rainy River Headwaters
- Vermilion River, Rainy River-Rainy
Lake/Lower Rainy River, Red Lake River,
Redeye River, Root River, Roseau River, Rum
River, Sand Hill River, Sauk River, Shell Rock
and Winnebago River, Snake River, South
Fork of the Crow River, St. Louis River, Thief
River, Two Rivers Plus, Upper and Lower Red
Lake, Upper Minnesota River, Upper
Mississippi - Grand Rapids, Watonwan River,
Wild Rice - Marsh, and Yellow Medicine
River;

(2) seven-county metropolitan groundwater
or surface water management frameworks;
and

(3) other comprehensive watershed
management plan planning areas that have a
board-approved and local-government-adopted
plan as authorized in Minnesota Statutes,
section 103B.801.

The board must establish eligibility criteria
and determine whether a planning area is ready
to proceed and has the nonstate match
committed.

(b) $8,500,000 the first year and $8,500,000
the second year are for grants to local
government units 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. Up to
20 percent of this appropriation is available
for land-treatment projects and practices that
benefit drinking water.

(c) $5,500,000 the first year and $5,500,000
the second year are for accelerated
implementation, local resource protection,
enhancement grants, statewide analytical
targeting or technology tools that fill an
identified gap, program enhancements for
technical assistance, citizen and community
outreach, compliance, and training and
certification.

(d) $1,250,000 the first year and $1,250,000
the second year are:

(1) to provide state oversight and
accountability, evaluate and communicate
results, provide implementation tools, and
measure the value of conservation program
implementation by local governments; and

(2) to prepare, in consultation with the
commissioners of natural resources, health,
agriculture, and the Pollution Control Agency,
and submit to the legislature by March 1 each
even-numbered year a biennial report detailing
the recipients and projects funded and the
results accomplished under this section.

(e) $2,000,000 the first year and $2,000,000
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.

(f) $2,500,000 the first year and deleted text begin $2,500,000 deleted text end new text begin
$5,934,000 new text end the second year are for a working
lands floodplain program and to purchase,
restore, or preserve riparian land and
floodplains adjacent to lakes, rivers, streams,
and tributaries, by conservation easements or
contracts to keep water on the land, to decrease
sediment, pollutant, and nutrient transport;
reduce hydrologic impacts to surface waters;
and increase protection and recharge for
groundwater. Up to deleted text begin $200,000 deleted text end new text begin $425,000 new text end is for
deposit in a conservation easement
stewardship account established according to
Minnesota Statutes, section 103B.103.

(g) $2,500,000 the first year and deleted text begin $2,500,000 deleted text end new text begin
$3,500,000 new text end the second year are for deleted text begin permanent deleted text end
conservation easements deleted text begin on wellhead protection
areas deleted text end new text begin acquired new text end under Minnesota Statutes,
deleted text begin section 103F.515, subdivision 2, paragraph
(d) deleted text end new text begin sections 103F.501 to 103F.535 new text end , or for
grants new text begin or contracts new text end to local units of government
new text begin or Tribal governments, including new text end for fee title
acquisition deleted text begin to permanently protect
groundwater supply sources on wellhead
protection areas deleted text end or for deleted text begin otherwise ensuring deleted text end
long-term protection of groundwater supply
sources deleted text begin as described under deleted text end new text begin . Consideration
must be given to drinking water supply
management areas and new text end alternative
management tools in the Department of
Agriculture Minnesota Nitrogen Fertilizer
Management Plan, including using
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 deleted text begin reserve program deleted text end
contracts. Up to deleted text begin $200,000 deleted text end new text begin $250,000 new text end is for
deposit in a conservation easement
stewardship account established according to
Minnesota Statutes, section 103B.103.

(h) $100,000 the first year and $100,000 the
second year are for a technical evaluation
panel to conduct restoration evaluations under
Minnesota Statutes, section 114D.50,
subdivision 6.

(i) $1,750,000 the first year and $1,750,000
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, section 103B.801.

(j) $1,000,000 the first year and $1,000,000
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,
and including projects to improve
multipurpose water management under
Minnesota Statutes, section 103E.015.

(k) $1,500,000 the first year and deleted text begin $1,500,000 deleted text end new text begin
$5,500,000 new text end the second year are to purchase
permanent conservation easements to protect
lands adjacent to public waters that have good
water quality but that are threatened with
degradation. Up to deleted text begin $150,000 deleted text end new text begin $350,000 new text end is for
deposit in a conservation easement
stewardship account established according to
Minnesota Statutes, section 103B.103.

(l) $425,000 the first year and $425,000 the
second year are for grants or contracts 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. This appropriation may be
used for grants to or contracts with the
University of Minnesota to complete this
work.

(m) $500,000 the first year and deleted text begin $500,000 deleted text end new text begin
$2,500,000 new text end the second year are for developing
and implementing a water legacy grant
program to expand partnerships for clean
water.

(n) $5,000,000 the first year and $5,000,000
the second year are for permanent
conservation easements to protect and restore
wetlands and associated uplands. Up to
$300,000 is for deposit in a conservation
easement stewardship account established
according to Minnesota Statutes, section
103B.103.

(o) $6,039,000 the first year and $6,038,000
the second year are for financial and technical
assistance to enhance adoption of cover crops
and other soil health practices to achieve water
quality or drinking water benefits. The board
may use grants to local governments and
agreements with the United States Department
of Agriculture, AgCentric at Minnesota State
Center for Excellence, and other practitioners
and partners to accomplish this work. Up to
$450,000 is for an agreement with the
University of Minnesota Office for Soil Health
for applied research and education on
Minnesota's agroecosystems and soil health
management systems. This appropriation may
be extended to leverage available federal
funds.

new text begin (p) $1,000,000 the second year is to provide
support to soil and water conservation districts
and other local governments and partner
organizations in the Lake Superior basin in
leveraging resources of the Great Lakes
Restoration Initiative or other federal Great
Lakes funding to implement prioritized clean
water activities.
new text end

deleted text begin (p) deleted text end new text begin (q) new text end The board must contract for delivery
of services with Conservation Corps
Minnesota for restoration, maintenance,
training, and other activities under this section
for up to $850,000 the first year and up to
$850,000 the second year.

deleted text begin (q) deleted text end new text begin (r) new text end The board may shift grant,
implementation, or easement 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 activities identified by the board
consistent with local water management plans.

deleted text begin (r) deleted text end new text begin (s) new text end The board must require grantees to
specify the outcomes that will be achieved by
the grants.

deleted text begin (s) deleted text end new text begin (t) new text end The appropriations in this section are
available until June 30, 2028, except grant or
easement funds are available for five years
after the date a grant or other agreement is
executed. Returned grant funds must be
regranted consistent with the purposes of this
section.

Sec. 6.

Laws 2023, chapter 40, article 2, section 7, is amended to read:

Sec. 7. DEPARTMENT OF HEALTH

$

11,296,000

$

deleted text begin 11,904,000 deleted text end new text begin 15,078,000 new text end

(a) $4,746,000 the first year and deleted text begin $5,354,000 deleted text end new text begin
$5,738,000 new text end the second year are for developing
health risk limits for contaminants found or
anticipated to be found in Minnesota drinking
water, to certify private laboratories to conduct
analyses for these contaminants, deleted text begin and deleted text end to
increase the capacity of the department's
laboratory to analyze for these contaminants new text begin ,
and to increase data analysis, public education,
and development of fish consumption advice new text end .

(b) $1,500,000 the first year and $1,500,000
the second year are for ensuring safe drinking
water for private well users, including studying
the occurrence and magnitude of contaminants
in private wells; developing guidance and
conducting outreach and education about well
testing and mitigation; awarding grants to local
governments; and designing voluntary
interventions to reduce health risks to private
well owners.

(c) $3,750,000 the first year and $3,750,000
the second year are for protecting sources of
drinking water, including planning,
implementation, and surveillance activities
and grants to local governments and public
water systems.

(d) $750,000 the first year and $750,000 the
second year are to develop and deliver
groundwater restoration and protection
strategies on a watershed scale for use in local
comprehensive water planning efforts, to
provide resources to local governments for
activities that protect sources of drinking
water, and to enhance approaches that improve
the capacity of local governmental units to
protect and restore groundwater resources.

(e) $250,000 the first year and $250,000 the
second year are to develop Previous public health
policies and an action plan to address threats
to safe drinking water, including development
of a statewide plan for protecting drinking
water that incorporates select
recommendations from the University of
Minnesota's Future of Drinking Water report.

(f) $300,000 the first year and $300,000 the
second year are for developing a statewide
recreational water portal that includes an
inventory of public beaches and information
about local monitoring results and closures
and that provides information about preventing
illness and recreational water stewardship.

new text begin (g) $2,790,000 the second year is for
managing a voluntary program in Dodge,
Fillmore, Goodhue, Houston, Mower,
Olmsted, Wabasha and Winona Counties to
conduct an inventory of private wells, provide
testing for nitrates, develop education and
outreach for private well owners and users,
and develop a dashboard to communicate
testing results and report on progress.
new text end

deleted text begin (g) deleted text end new text begin (h) new text end Unless otherwise specified, the
appropriations in this section are available
until June 30, 2027.

Sec. 7.

Laws 2023, chapter 40, article 2, section 9, is amended to read:

Sec. 9. UNIVERSITY OF MINNESOTA

$

1,500,000

$

deleted text begin 1,500,000 deleted text end new text begin 2,500,000 new text end

(a) $500,000 the first year and $500,000 the
second year are for developing Part A of
county geologic atlases. This appropriation is
available until June 30, 2030.

(b) $1,000,000 the first year and deleted text begin $1,000,000 deleted text end new text begin
$2,000,000 new text end the second year are for a program
to evaluate performance and technology
transfer for stormwater best management
practices, to evaluate best management
performance and effectiveness to support
meeting total maximum daily loads, to develop
standards and incorporate state-of-the-art
guidance using minimal impact design
standards as the model, and to implement a
system to transfer knowledge and technology
across local government, industry, and
regulatory sectors. This appropriation is
available until June 30, 2030.