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Minnesota Legislature

Office of the Revisor of Statutes

SF 1354

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 03:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to environment; modifying Clean Water Partnership Law;amending
Minnesota Statutes 2010, sections 17.117, subdivision 6a; 103F.705; 103F.711,
subdivision 8; 103F.715; 103F.725, subdivisions 1, 1a; 103F.731, subdivision 2;
103F.735; 103F.741, subdivision 1; 103F.745; 103F.751; repealing Minnesota
Statutes 2010, sections 103F.711, subdivision 7; 103F.721; 103F.731, subdivision
1; 103F.761.

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

Section 1.

Minnesota Statutes 2010, section 17.117, subdivision 6a, is amended to read:


Subd. 6a.

Review and ranking of applications.

(a) The commissioner shall chair
deleted text begin thedeleted text endnew text begin anew text end subcommittee deleted text beginestablished in section 103F.761, subdivision 2, paragraph (b),deleted text end for
purposes of reviewing and ranking applications and recommending to the commissioner
allocation amounts. The subcommittee consists of representatives of the Departments of
Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board
of Water and Soil Resources; the Farm Service Agency and the Natural Resource
Conservation Service of the United States Department of Agriculture; the Association of
Minnesota Counties; the Minnesota Association of Soil and Water Conservation Districts;
and other agencies or associations the commissioner determines are appropriate.

(b) The subcommittee must use the criteria in clauses (1) to (9) as well as other
criteria it determines appropriate in carrying out the review and ranking:

(1) whether the proposed activities are identified in a comprehensive water
management plan or other appropriate local planning documents as priorities;

(2) the potential that the proposed activities have for improving or protecting
environmental quality;

(3) the extent that the proposed activities support areawide or multijurisdictional
approaches to protecting environmental quality based on defined watershed or similar
geographic areas;

(4) whether the activities are needed for compliance with existing environmental
laws or rules;

(5) whether the proposed activities demonstrate participation, coordination, and
cooperation between local units of government and other public agencies;

(6) whether there is coordination with other public and private funding sources
and programs;

(7) whether the applicant has targeted specific best management practices to resolve
specific environmental problems;

(8) past performance of the applicant in completing projects identified in prior
applications and allocation agreements; and

(9) whether there are off-site public benefits.

Sec. 2.

Minnesota Statutes 2010, section 103F.705, is amended to read:


103F.705 PURPOSE.

deleted text begin (a)deleted text end It is the purpose of the legislature in enacting sections 103F.701 to deleted text begin103F.761deleted text endnew text begin
103F.755
new text end to protect deleted text beginand improvedeleted text endnew text begin, enhance, and restorenew text end surface and ground water in the
state, through financial and technical assistance to local units of government to deleted text begincontroldeleted text endnew text begin
prevent
new text end water pollutionnew text begin, including thatnew text end associated with land use and land management
activitiesdeleted text begin.deleted text endnew text begin, andnew text end

deleted text begin (b) It is also the purpose of the legislature to:
deleted text end

deleted text begin (1) identify water quality problems and their causes;
deleted text end

deleted text begin (2) direct technical and financial resources to resolve water quality problems and to
abate their causes;
deleted text end

deleted text begin (3) provide technical and financial resources to local units of government for
implementation of water quality protection and improvement projects;
deleted text end

deleted text begin (4) coordinate a nonpoint source pollution control program with elements of the
existing state water quality program and other existing resource management programs;
and
deleted text end

deleted text begin (5)deleted text endnew text begin tonew text end provide a legal basis for state implementation of federal laws controlling
nonpoint source water pollution.

Sec. 3.

Minnesota Statutes 2010, section 103F.711, subdivision 8, is amended to read:


Subd. 8.

Project.

"Project" means the deleted text begindiagnostic studydeleted text endnew text begin identificationnew text end of water
pollution deleted text begincaused by nonpoint sources of water pollutiondeleted text endnew text begin and its causesnew text end, a plan to deleted text beginimplement
best management practices
deleted text endnew text begin prevent water pollution or protect and improve water qualitynew text end,
and the deleted text beginphysical features constructed or actions taken by a local unit of government to
implement best management practices
deleted text endnew text begin measures taken to prevent water pollution or
protect and improve water quality
new text end.

Sec. 4.

Minnesota Statutes 2010, section 103F.715, is amended to read:


103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.

A clean water partnership program is established as provided in sections 103F.701 to
deleted text begin 103F.761deleted text endnew text begin 103F.755new text end. The agency shall administer the program in accordance with these
sections. deleted text beginAs a basis for the program, the agency and the Metropolitan Council shall
conduct an assessment of waters in accordance with section 103F.721.
deleted text end The agency shall
deleted text begin thendeleted text end provide financial and technical assistance in accordance with section 103F.725 to local
units of government for projects in geographical areas that contribute to surface or ground
water flows. The projects shall provide for protection deleted text beginand improvementdeleted text endnew text begin, enhancement, or
restoration
new text end of surface and ground water deleted text beginfrom nonpoint sources of water pollutiondeleted text end.

Sec. 5.

Minnesota Statutes 2010, section 103F.725, subdivision 1, is amended to read:


Subdivision 1.

Grants.

(a) The agency may award grants for up to 50 percent
of the eligible cost fordeleted text begin:deleted text endnew text begin projects.
new text end

deleted text begin (1) the development of a diagnostic study and implementation plan; and
deleted text end

deleted text begin (2) the implementation of that plan.
deleted text end

(b) The agency shall determine which costs are eligible costs and grants shall be
made and used only for eligible costs.

Sec. 6.

Minnesota Statutes 2010, section 103F.725, subdivision 1a, is amended to read:


Subd. 1a.

Loans.

(a) Up to deleted text begin$36,000,000deleted text endnew text begin $50,000,000new text end of the balance in the clean
water revolving fund in section 446A.07, as determined by the Public Facilities Authority,
may be provided to the commissioner for deleted text beginthe establishment ofdeleted text end a clean water partnership
loan program.

(b) The agency may award loans for up to 100 percent of the costs associated with
activities identified by the agency as best management practices pursuant to section
319 and section 320 of the federal Water Quality Act of 1987, as amended, including
associated administrative costs.

(c) Loans may be used to finance clean water partnership grant project eligible costs
not funded by grant assistance.

(d) The interest rate, at or below market rate, and the term, not to exceed 20 years,
shall be determined by the agency in consultation with the Public Facilities Authority.

(e) The repayment must be deposited in the clean water revolving fund under section
446A.07.

(f) The local unit of government receiving the loan is responsible for repayment of
the loan.

(g) For the purpose of obtaining a loan from the agency, a local government unit
may provide to the agency its general obligation note. All obligations incurred by a local
government unit in obtaining a loan from the agency must be in accordance with chapter
475, except that so long as the obligations are issued to evidence a loan from the agency
to the local government unit, an election is not required to authorize the obligations
issued, and the amount of the obligations shall not be included in determining the net
indebtedness of the local government unit under the provisions of any law or chapter
limiting the indebtedness.

Sec. 7.

Minnesota Statutes 2010, section 103F.731, subdivision 2, is amended to read:


Subd. 2.

new text beginEligibility; new text enddocuments required.

(a)new text begin Local units of government are
eligible to apply for assistance.
new text end An applicant for assistance shall submit deleted text beginthe following
to the agency:
deleted text end

(1) deleted text beginan applicationdeleted text endnew text begin a project proposalnew text end form as prescribed by the agency;new text begin and
new text end

(2) evidence that the applicant has consulted with the local soil and water
conservation districts and watershed districts, where they exist, in preparing the
applicationdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3)deleted text endnew text begin (b) The proposed project must be identified in at leastnew text end one of the following
documents:

deleted text begin (i)deleted text endnew text begin (1)new text end the comprehensive water plan authorized under sections 103B.301 to
103B.355;

deleted text begin (ii)deleted text endnew text begin (2)new text end a surface water management plan required under section 103B.231;

deleted text begin (iii)deleted text endnew text begin (3)new text end an overall plan required under chapter 103D; deleted text beginor
deleted text end

deleted text begin (iv)deleted text endnew text begin (4)new text end any other local plan that provides an inventory of existing physical and
hydrologic information on the area, a general identification of water quality problems
and goals, and that demonstrates a local commitment to water quality protection deleted text beginor
improvement.
deleted text endnew text begin, enhancement, or restoration;
new text end

new text begin (5) an approved total maximum daily load (TMDL) or a TMDL implementation
plan; or
new text end

new text begin (6) a watershed protection and restoration strategy implementation plan.
new text end

deleted text begin (b) After July 1, 1991, only projects that are a part of, or are responsive to, a local
water plan under the Comprehensive Local Water Management Act, chapter 103D, or
sections 103B.211 to 103B.255, will be eligible under paragraph (a), clause (3).
deleted text end

deleted text begin (c) The document submitted in compliance with paragraph (a), clause (2), must
identify existing and potential nonpoint source water pollution problems and must
recognize the need and demonstrate the applicant's commitment to abate or prevent water
pollution from nonpoint sources in the geographic areas for which the application is
submitted.
deleted text end

Sec. 8.

Minnesota Statutes 2010, section 103F.735, is amended to read:


103F.735 AGENCY REVIEW OF deleted text beginAPPLICATIONSdeleted text endnew text begin PROPOSALSnew text end.

Subdivision 1.

Ranking of deleted text beginapplicationsdeleted text endnew text begin proposalsnew text end.

The agency shall rank
deleted text begin applicationsdeleted text endnew text begin proposalsnew text end for technical and financial assistance in order of priority and shall,
within the limits of available appropriations, grant those deleted text beginapplicationsdeleted text endnew text begin proposalsnew text end having
the highest priority. The agency shall by rule adopt appropriate criteria to determine
the priority of projects.

Subd. 2.

Criteria.

(a) The criteria shall give the highest priority to projects that best
demonstrate compliance with the objectives in paragraphs (b) to deleted text begin(e)deleted text endnew text begin (d)new text end.

(b) The project demonstrates participation, coordination, and cooperation between
local units of government deleted text beginanddeleted text endnew text begin,new text end other public agencies, deleted text beginincluding soil and water conservation
districts or watershed districts, or both those districts
deleted text endnew text begin and local stakeholdersnew text end.

(c) The degree of water quality deleted text beginimprovement ordeleted text end protectionnew text begin, enhancement, or
restoration
new text end is maximized relative to the cost of implementing the best management
practices.

(d) Best management practices provide a feasible means to abate or prevent nonpoint
source water pollution.

deleted text begin (e) The project goals and objectives are consistent with the state water quality
management plans, the statewide resource assessment conducted under section 103F.721,
and other applicable state and local resource management programs.
deleted text end

Sec. 9.

Minnesota Statutes 2010, section 103F.741, subdivision 1, is amended to read:


Subdivision 1.

Implementation according to law and contract.

A local unit
of government receiving technical or financial assistancenew text begin,new text end or bothnew text begin,new text end from the agency
shall carry out the deleted text beginimplementation plandeleted text endnew text begin projectnew text end approved by the agency according to the
terms of the plan, the provisions of a contract or grant agreement made with the agency
and according to sections 103F.701 to deleted text begin103F.761deleted text endnew text begin 103F.755new text end, the rules of the agency, and
applicable federal requirements.

Sec. 10.

Minnesota Statutes 2010, section 103F.745, is amended to read:


103F.745 RULES.

(a) The agency shall adopt rules necessary to implement sections 103F.701 to
deleted text begin 103F.761deleted text endnew text begin 103F.755new text end. The rules shall contain at a minimum:

(1) procedures to be followed by local units of government in applying for technical
or financial assistance or both;

(2) conditions for the administration of assistance;

(3) deleted text beginprocedures for the development, evaluation, and implementation of best
management practices
deleted text endnew text begin requirements for a projectnew text end;

(4) deleted text beginrequirements for a diagnostic study and implementation plandeleted text endnew text begin criteria for the
evaluation and approval of a project
new text end;

(5) deleted text begincriteria for the evaluation and approval of a diagnostic study and implementation
plan;
deleted text end

deleted text begin (6) criteria for the evaluation of best management practices;
deleted text end

deleted text begin (7)deleted text end criteria for the ranking of projects in order of priority for assistance;

deleted text begin (8)deleted text endnew text begin (6)new text end criteria for defining and evaluating eligible costs and cost-sharing by local
units of government applying for assistance;

new text begin (7) requirements for providing measurable outcomes;new text end and

deleted text begin (9)deleted text endnew text begin (8)new text end other matters as the agency and the commissioner find necessary for the proper
administration of sections 103F.701 to deleted text begin103F.761deleted text endnew text begin 103F.755new text end, including any rules determined
by the commissioner to be necessary for the implementation of federal programs to deleted text begincontrol
nonpoint source water pollution
deleted text endnew text begin protect, enhance, or restore water qualitynew text end.

(b) For financial assistance by loan under section 103F.725, subdivision 1a, criteria
established by rule deleted text beginfor the clean water partnership grants programdeleted text end shall guide requirements
and administrative procedures deleted text beginfor the loan program until January 1, 1996, or the effective
date of the administrative rules
deleted text end for the clean water partnership loan programdeleted text begin, whichever
occurs first
deleted text end.

Sec. 11.

Minnesota Statutes 2010, section 103F.751, is amended to read:


103F.751 NONPOINT SOURCE POLLUTION deleted text beginCONTROLdeleted text endnew text begin MANAGEMENTnew text end
PLAN AND PROGRAM EVALUATION.

To coordinate the programs and activities used to control nonpoint sources of
pollution to achieve the state's water quality goals, the agency shalldeleted text begin:
deleted text end

deleted text begin (1)deleted text end develop a state plan for the control of nonpoint source water pollution to meet
the requirements of the federal Clean Water Actdeleted text begin;deleted text endnew text begin, and,
new text end

deleted text begin (2) work through the Environmental Quality Board to coordinate the activities
and programs of federal, state, and local agencies involved in nonpoint source pollution
control and,
deleted text end as appropriate, develop agreements with federal and state agencies to
accomplish the purposes and objectives of the state nonpoint source pollution deleted text begincontroldeleted text endnew text begin
management
new text end plandeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) evaluate the effectiveness of programs in achieving water quality goals
and recommend to the legislature, under section 3.195, subdivision 1, any necessary
amendments to sections 103F.701 to 103F.761.
deleted text end

Sec. 12. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the range reference "sections 103F.701 to
103F.761" wherever it appears in Minnesota Statutes and Minnesota Rules to "sections
103F.701 to 103F.755."
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 103F.711, subdivision 7; 103F.721; 103F.731,
subdivision 1; and 103F.761,
new text end new text begin are repealed.
new text end