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SF 3966

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 09:17am

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

Current Version - as introduced

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A bill for an act
relating to legacy; ensuring that priority for using clean water fund money is
implementing restoration and protection projects; amending Minnesota Statutes
2018, sections 114D.20, subdivision 6; 114D.50, subdivision 4; Minnesota Statutes
2019 Supplement, sections 114D.20, subdivisions 5, 7; 114D.26, subdivision 3.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 114D.20, subdivision 5, is
amended to read:


Subd. 5.

Priorities for scheduling and preparing WRAPSs and TMDLs.

The
commissioner of the Pollution Control Agency must seek recommendations from the Clean
Water Council; the commissioners of natural resources, health, and agriculture; and the
Board of Water and Soil Resources regarding priorities for scheduling and preparing
WRAPSs and TMDLs. Recommendations must new text beginbe consistent with the timelines set forth
in section 114D.26, subdivision 3, and must
new text endconsider the causes of impairments, the
designated uses of the waters, applicable federal TMDL requirements, surface water and
groundwater interactions, protection of high-quality waters, waters and watersheds with
declining water quality trends, and waters used as drinking water sources. Furthermore,
consideration must be given to waters and watersheds:

(1) that have the greatest potential risk to human health;

(2) that have the greatest potential risk to threatened or endangered species;

(3) that have the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals, especially
local, basin-wide, watershed, or regional agencies or organizations, have demonstrated
readiness to assist in carrying out the responsibilities, including availability and organization
of human, technical, and financial resources necessary to undertake the work; and

(5) where there is demonstrated coordination and cooperation among cities, counties,
watershed districts, and soil and water conservation districts in planning and implementation
of activities that will assist in carrying out the responsibilities.

Sec. 2.

Minnesota Statutes 2018, section 114D.20, subdivision 6, is amended to read:


Subd. 6.

deleted text beginPriorities fordeleted text endnew text begin Recommendations to prioritizenew text end restoring impaired waters.

deleted text beginIn
implementing restoration of impaired waters, in addition to the priority considerations in
subdivision 5, the Clean Water Council shall give priority in its recommendations for
restoration
deleted text end new text beginOnce an initial watershed restoration and protection strategy has been completed
for each of the state's major watersheds, other than those for which the commissioner has
determined that a comprehensive watershed management plan or comprehensive local water
management plan meets the definition in section 114D.15, subdivision 11 or 13, the Clean
Water Council must give priority in its recommendations to
new text endfunding from the clean water
fund deleted text begintodeleted text endnew text begin fornew text end restoration projects that:

(1) coordinate with and utilize existing local authorities and infrastructure for
implementation;

(2) can be implemented in whole or in part by providing support for existing or ongoing
restoration efforts;

(3) most effectively leverage other sources of restoration funding, including federal,
state, local, and private sources of funds;

(4) show a high potential for early restoration and delisting based upon scientific data
developed through public agency or citizen monitoring or other means; deleted text beginand
deleted text end

(5) show a high potential for long-term water quality and related conservation benefitsdeleted text begin.deleted text endnew text begin;
new text end

new text begin (6) restore those impaired waters that are closest to meeting applicable water quality
standards; and
new text end

new text begin (7) show a high potential to restore a public use or a public health benefit, including the
use of waters as a source of drinking water.
new text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 114D.20, subdivision 7, is amended
to read:


Subd. 7.

Priorities for funding prevention actions.

The Clean Water Council shall
apply the priorities applicable under subdivision 6, as far as practicable, when recommending
priorities for funding actions to prevent groundwater and surface waters from becoming
degraded or impaired and to improve the quality of surface waters that are listed as impaired.new text begin
Additionally, in recommending priorities for funding actions to prevent groundwater and
surface waters from becoming degraded or impaired, the Clean Water Council
recommendations must prioritize protecting those high-quality unimpaired waters that are
most at risk of becoming impaired.
new text end

Sec. 4.

Minnesota Statutes 2019 Supplement, section 114D.26, subdivision 3, is amended
to read:


Subd. 3.

Timelines; administration.

(a) The commissioner of the Pollution Control
Agency must complete new text begina new text endwatershed restoration and protection deleted text beginstrategiesdeleted text endnew text begin strategynew text end for new text begineach
of
new text endthe state's major watersheds deleted text beginby June 30, 2023deleted text end, unless the commissioner determines that
a comprehensive watershed management plan or comprehensive local water management
plan, in whole or in part, meets the definition in section 114D.15, subdivision 11 or 13. deleted text beginAs
needed
deleted text endnew text begin After August 1, 2026new text end, the commissioner deleted text beginmustdeleted text endnew text begin maynew text end update the strategies, in whole
or in part, after consulting with the Board of Water and Soil Resources and local government
units.

(b) Watershed restoration and protection strategies are governed by the procedures for
approval and notice in section 114D.25, subdivisions 2 and 4, except that the strategies need
not be submitted to the United States Environmental Protection Agency.

Sec. 5.

Minnesota Statutes 2018, section 114D.50, subdivision 4, is amended to read:


Subd. 4.

Expenditures; accountability.

(a) A project receiving funding from the clean
water fund must meet or exceed the constitutional requirements to protect, enhance, and
restore water quality in lakes, rivers, and streams and to protect groundwater and drinking
water from degradation. Priority may be given to projects that meet more than one of these
requirements. A project receiving funding from the clean water fund shall include measurable
outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring and
evaluating the results. A project must be consistent with current science and incorporate
state-of-the-art technology.

(b) Money from the clean water fund deleted text beginshalldeleted text endnew text begin mustnew text end be expended to deleted text beginbalance the benefits
across
deleted text end new text beginbenefit new text endall regions and residents of the state.

(c) A state agency or other recipient of a direct appropriation from the clean water fund
must compile and submit all information for proposed and funded projects or programs,
including the proposed measurable outcomesnew text begin, the manner in which the proposed or funded
project or program satisfies the requirements of section 114D.20, subdivisions 6 and 7,
new text end and
all other items required under section 3.303, subdivision 10, to the Legislative Coordinating
Commissionnew text begin and the Clean Water Councilnew text end as soon as practicable or by January 15 of the
applicable fiscal year, whichever comes first. The Legislative Coordinating Commission
must post submitted information on the website required under section 3.303, subdivision
10
, as soon as it becomes available. Information classified as not public under section
13D.05, subdivision 3, paragraph (d), is not required to be placed on the website.

(d) Grants funded by the clean water fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(e) Money from the clean water fund may only be spent on projects that benefit Minnesota
waters.

(f) When practicable, a direct recipient of an appropriation from the clean water fund
shall prominently display on the recipient's website home page the legacy logo required
under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
361, article 3, section 5, accompanied by the phrase "Click here for more information."
When a person clicks on the legacy logo image, the website must direct the person to a web
page that includes both the contact information that a person may use to obtain additional
information, as well as a link to the Legislative Coordinating Commission website required
under section 3.303, subdivision 10.

(g) Future eligibility for money from the clean water fund is contingent upon a state
agency or other recipient satisfying all applicable requirements in this section, as well as
any additional requirements contained in applicable session law. If the Office of the
Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient
of money from the clean water fund has not complied with the laws, rules, or regulations
in this section or other laws applicable to the recipient, the recipient must be listed in an
annual report to the legislative committees with jurisdiction over the legacy funds. The list
must be publicly available. The legislative auditor shall remove a recipient from the list
upon determination that the recipient is in compliance. A recipient on the list is not eligible
for future funding from the clean water fund until the recipient demonstrates compliance
to the legislative auditor.

(h) Money from the clean water fund may be used to leverage federal funds through
execution of formal project partnership agreements with federal agencies consistent with
respective federal agency partnership agreement requirements.

(i) Any state agency or organization requesting a direct appropriation from the clean
water fund must inform the Clean Water Council and the house of representatives and senate
committees having jurisdiction over the clean water fund, at the time the request for funding
is made, whether the request is supplanting or is a substitution for any previous funding that
was not from a legacy fund and was used for the same purpose.

new text begin (j) Except as required by federal law, when an appropriation from the clean water fund
does not identify one or more specific projects to be completed, the recipient must prioritize
using the appropriation to restore those impaired waters that are closest to meeting applicable
water quality standards or to protect high-quality waters that are not impaired before using
the money for other purposes. Implementing nonpoint restoration and protection projects
described in a nonpoint priority funding plan produced according to subdivision 3a satisfies
this requirement.
new text end