SF 2264

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/13/2012 10:47am

A bill for an act
relating to clean water; appropriating money for clean water assistance grants;
appropriating money for an Aquatic Invasive Species Cooperative Research
Center; modifying prior appropriations; amending Laws 2011, First Special
Session chapter 2, article 3, section 2, subdivision 9; Laws 2011, First Special
Session chapter 6, article 2, section 7.

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

ARTICLE 1

CLEAN WATER FUND

Section 1.

Laws 2011, First Special Session chapter 6, article 2, section 7, is amended
to read:

Sec. 7. BOARD OF WATER AND SOIL RESOURCES

$

27,534,000

$

deleted text begin 27,534,000 deleted text end new text begin 31,734,000 new text end

(a) $13,750,000 the first year and
deleted text begin $13,750,000 deleted text end new text begin $15,350,000 new text end the second year are
for pollution reduction and restoration grants
to local government units and joint powers
organizations of local government units to
protect 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 (SSTS) projects and stream bank,
stream channel, and shoreline restoration
projects. The projects must be of long-lasting
public benefit, include a match, and be
consistent with TMDL implementation plans
or local water management plans.

(b) $3,000,000 the first year and deleted text begin $3,000,000 deleted text end
new text begin $3,600,000 new text end the second year are for targeted
local resource protection and enhancement
grants. The board shall give priority
consideration to projects and practices
that complement, supplement, or exceed
current state standards for protection,
enhancement, and restoration of water
quality in lakes, rivers, and streams or that
protect groundwater from degradation. Of
this amount, at least $1,500,000 each year is
for county SSTS implementation.

(c) $900,000 the first year and deleted text begin $900,000 deleted text end
new text begin $1,200,000 new text end the second year are to
provide state oversight and accountability,
evaluate results, and new text begin develop an electronic
system to new text end measure new text begin and track new text end the value of
conservation program implementation by
local governments, including submission
to the legislature by March 1 each year
an annual report prepared by the board,
in consultation with the commissioners of
natural resources, health, agriculture, and
the Pollution Control Agency, detailing the
recipients and projects funded under this
section. The board shall require grantees to
specify the outcomes that will be achieved
by the grants prior to any grant awards.

(d) $1,000,000 the first year and deleted text begin $1,000,000 deleted text end
new text begin $1,700,000 new text end the second year are for technical
assistance and grants for the conservation
drainage program in consultation with
the Drainage Work Group, created under
Minnesota Statutes, section 103B.101,
subdivision 13, that consists of projects to
retrofit new text begin or supplement new text end deleted text begin existing deleted text end drainage
systems with water quality improvement
practices, evaluate outcomes, and provide
outreach to landowners, public drainage
authorities, drainage engineers and
contractors, and others. new text begin The board shall
coordinate practice standards with the
USDA-Natural Resources Conservation
Service and seek to leverage federal funds
as part of conservation drainage program
implementation.
new text end

(e) $6,000,000 the first year and $6,000,000
the second year are to purchase and restore
permanent conservation easements on
riparian buffers 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 50 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.

(f) $1,300,000 the first year and deleted text begin $1,300,000 deleted text end
new text begin $2,300,000 new text end the second year are 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 is designated
as high or very high by the commissioner of
health. new text begin The board shall coordinate with the
U.S. Geological Survey, the commissioners
of health and natural resources, and local
communities contained in the Decorah
and St. Lawrence Edge areas of Winona,
Goodhue, Olmsted, and Wabasha counties,
to obtain easements in identified areas as
having the most vulnerability to groundwater
contamination.
new text end

(g) $1,500,000 the first year and $1,500,000
the second year are for community partners
grants to local units of government for:
(1) structural or vegetative management
practices that reduce storm water runoff
from developed or disturbed lands to reduce
the movement of sediment, nutrients, and
pollutants for restoration, protection, or
enhancement of water quality in lakes, rivers,
and streams and to protect groundwater
and drinking water; and (2) 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. Local government unit
staff and administration costs may be used
as a match.

(h) $84,000 the first year and $84,000 the
second year are for a technical evaluation
panel to conduct up to ten restoration
evaluations under Minnesota Statutes,
section 114D.50, subdivision 6.

(i) The board shall contract for services
with Conservation Corps Minnesota for
restoration, maintenance, and other activities
under this section for $500,000 the first year
and $500,000 the second year.

(j) The board may shift grant or cost-share
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 needs
identified in local water management plans.

(k) The appropriations in this section are
available until June 30, 2016.

Sec. 2. new text begin AQUATIC INVASIVE SPECIES COOPERATIVE RESEARCH
CENTER; APPROPRIATION.
new text end

new text begin $1,800,000 is appropriated in fiscal year 2013 from the clean water fund to the Board
of Regents of the University of Minnesota to develop and implement an Aquatic Invasive
Species Cooperative Research Center. As a condition of receiving this appropriation, the
University of Minnesota is requested to collaborate with the commissioner of natural
resources in developing solutions to control aquatic invasive species. A portion of this
appropriation may be used for educating and engaging citizens on preventing the spread of
aquatic invasive species. Money appropriated in this section may not be spent on activities
unless they are directly related to and necessary for the purposes of this section. Money
appropriated in this section must not be spent on indirect costs or other institutional
overhead charges that are not directly related to and necessary for the purposes of this
section. This is a onetime appropriation and is available until June 30, 2014.
new text end

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCE TRUST FUND

Section 1.

Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision
9, is amended to read:

Subd. 9. Emerging Issues

4,522,000

deleted text begin 4,213,000 deleted text end new text begin 3,213,000 new text end

(a) Minnesota Conservation Apprentice
Academy

$100,000 the first year and $100,000 the
second year are from the trust fund to
the Board of Water and Soil Resources
in cooperation with Conservation Corps
Minnesota to train and mentor future
conservation professionals by providing
apprenticeship service opportunities to
soil and water conservation districts. This
appropriation is available until June 30,
2014, by which time the project must be
completed and the final products delivered.

(b) Chronic Wasting Disease and Animal
Health

$600,000 the first year and $600,000 the
second year are from the trust fund to the
commissioner of natural resources to address
chronic wasting disease and accelerate
wildlife health programs, including activities
directly related to and necessary for this
appropriation.

(c) Aquatic Invasive Species

$2,177,000 the first year and deleted text begin $3,513,000 deleted text end
new text begin $2,513,000 new text end the second year are from the
trust fund to the commissioner of natural
resources to accelerate aquatic invasive
species programs, including the development
and implementation of best management
practices for public water access facilities
to implement aquatic invasive species
prevention strategies, including activities
directly related to and necessary for this
appropriation. $50,000 is for a grant
to develop and produce a documentary
identifying the challenges presented by
aquatic invasive species. The documentary
shall be available to the Department of
Natural Resources to distribute to watercraft
license purchasers and the general public
through online and other media.

(d) Reinvest in Minnesota Wetlands
Reserve Acquisition and Restoration
Program Partnership

$1,645,000 the first year is to the Board
of Water and Soil Resources to acquire
permanent conservation easements and
restore wetlands and associated upland
habitat in cooperation with the United States
Department of Agriculture Wetlands Reserve
Program. A list of proposed land acquisitions
must be provided as part of the required work
program.

(e) Limitation

Appropriations in paragraphs (b) and (c) are
not subject to Minnesota Statutes, sections
116P.05, subdivision 2, paragraph (b), and
116P.09, subdivision 4.

Sec. 2. new text begin AQUATIC INVASIVE SPECIES COOPERATIVE RESEARCH
CENTER; APPROPRIATION.
new text end

new text begin $1,000,000 is appropriated in fiscal year 2013 from the environment and natural
resources trust fund to the Board of Regents of the University of Minnesota to develop and
implement an Aquatic Invasive Species Cooperative Research Center. As a condition of
receiving this appropriation, the University of Minnesota is requested to collaborate with
the commissioner of natural resources in developing solutions to control aquatic invasive
species. Money appropriated in this section may not be spent on activities unless they are
directly related to and necessary for the purposes of this section. Money appropriated in
this section must not be spent on indirect costs or other institutional overhead charges that
are not directly related to and necessary for the purposes of this section. This is a onetime
appropriation and is available until June 30, 2014.
new text end