Minnesota Legislature
SF 988
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am
Current Version - as introduced
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A bill for an act
relating to waters; modifying rulemaking authority for cost-share program;
amending Minnesota Statutes 2008, section 103C.501, subdivisions 2, 4, 5, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 103C.501, subdivision 2, is amended to
read:
Subd. 2.
Request by district board.
deleted text begin (a)deleted text end A district board requesting funds of the
state board must submit an application in a form prescribed by the board containing:
(1) a comprehensive plan;
(2) an annual work plan; and
(3) an application for cost-sharing funds.
deleted text begin
(b) The comprehensive and annual work plans must be completed as provided in
section 103C.331, subdivision 11. After review of the district's comprehensive plan, the
state board must approve the comprehensive plan with necessary amendments or reject
the plan.
deleted text end
Sec. 2.
Minnesota Statutes 2008, section 103C.501, subdivision 4, is amended to read:
Subd. 4.
Cost-sharing funds.
(a) The state board shall allocate at least 70 percent
of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality
problemsnew text begin or water quantity problems due to altered hydrologynew text end . The areas must be
selected based on the statewide priorities established by the state board. The allocated
funds must be used for conservation practices for high priority problems identified in the
comprehensive and annual work plans of the districts.
(b) The remaining cost-sharing funds may be allocated to districts as follows:
(1) for technical and administrative assistance, not more than 20 percent of the
funds; and
(2) for conservation practices for lower priority erosion, sedimentation, or water
quality problems.
Sec. 3.
Minnesota Statutes 2008, 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 deleted text begin improvementdeleted text end new text begin or water quantity
improvementsnew text end that are consistent with the district's comprehensive and annual work plans.
(b) 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.
(c) 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.
(d) The state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.
(e) 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.
Sec. 4.
Minnesota Statutes 2008, section 103C.501, subdivision 6, is amended to read:
Subd. 6.
new text begin Policies and new text end rules.
(a) The state board new text begin may adopt rules and new text end shall adopt
deleted text begin rulesdeleted text end new text begin policiesnew text end prescribing:
(1) procedures and criteria for allocating funds for cost-sharing contracts;
(2) standards and guidelines for cost-sharing contracts;
(3) the scope and content of district comprehensive plans, plan amendments, and
annual work plans;
(4) standards and methods necessary to plan and implement a priority cost-sharing
program, including guidelines to identify high priority erosion, sedimentation, and water
quality problemsnew text begin and water quantity problems due to altered hydrologynew text end ;
(5) the share of the cost of conservation practices to be paid from cost-sharing
funds; and
(6) requirements for districts to document their efforts to identify and contact land
occupiers with high priority deleted text begin erosiondeleted text end problems.
(b) The rules may provide that cost-sharing may be used for deleted text begin farmsteaddeleted text end windbreaks
and shelterbelts for the purposes of energy conservation and snow protection.
new text begin
(c) The board may establish alternative practices to those defined in section 84.02
for restoration or establishment of native prairie, grasslands, shorelands, riparian buffers,
or wetlands based on soil type, seed availability, adjacent land uses, project or practice
purpose, or other site-specific factors.
new text end