1.1 	A bill for an act
1.2 	relating to game and fish; creating the Minnesota
1.3 	Fishing Protection Act; providing authority,
1.4 	direction, and funding to achieve and maintain water
1.5 	quality standards for Minnesota's surface waters to
1.6 	protect the quantity, edibility, and health of
1.7 	Minnesota fish; appropriating money; proposing coding
1.8 	for new law in Minnesota Statutes, chapters 116; 446A.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. [116.381] CITATION.
1.11 	Sections 116.381 to 116.388 may be cited as the Minnesota
1.12 	Fishing Protection Act.

1.13 	Sec. 2. [116.383] DEFINITIONS.
1.14 		Subdivision 1.Application. The definitions provided in
1.15 	this section apply to the terms used in sections 116.381 to
1.16 	116.388.
1.17 		Subd. 2.Citizen monitoring. "Citizen monitoring" means
1.18 	monitoring of surface water quality by individuals and
1.19 	nongovernmental organizations that is consistent with Pollution
1.20 	Control Agency guidance on monitoring procedures, quality
1.21 	assurance protocols, and data management.
1.22 		Subd. 3.Federal tmdl requirements. "Federal TMDL
1.23 	requirements" means the requirements of section 303(d) of the
1.24 	federal Clean Water Act, United States Code, title 42, section
1.25 	1313(d), and associated regulations and guidance.
1.26 		Subd. 4.Impaired fishery. "Impaired fishery" means
1.27 	surface water that does not meet applicable water quality
2.1 	standards.
2.2 		Subd. 5.Minnesota fishing protection council or
2.3 	council. "Minnesota Fishing Protection Council" or "council"
2.4 	means the Minnesota Fishing Protection Council created in
2.5 	section 116.386.
2.6 		Subd. 6.Public agencies. "Public agencies" means all
2.7 	state agencies, political subdivisions, and other public
2.8 	organizations, with authority, responsibility, or expertise in
2.9 	protecting, restoring, or preserving the quality of surface
2.10 	waters, managing or planning for surface waters and related
2.11 	lands, or financing waters-related projects.  Public agencies
2.12 	includes counties, cities, towns, joint powers organizations and
2.13 	special purpose units of government, and the University of
2.14 	Minnesota and other public educational institutions.
2.15 		Subd. 7.Restoration. "Restoration" means actions,
2.16 	including effectiveness monitoring, that are taken to achieve
2.17 	and maintain fishing quality standards for impaired fisheries in
2.18 	accordance with a TMDL that has been approved by the United
2.19 	States Environmental Protection Agency under federal TMDL
2.20 	requirements.
2.21 		Subd. 8.Surface waters. "Surface waters" means waters
2.22 	of the state as defined in section 115.01, subdivision 22,
2.23 	excluding groundwater as defined in section 115.01, subdivision
2.24 	6.
2.25 		Subd. 9.Third-party tmdl. "Third-party TMDL" means a
2.26 	TMDL that is developed in whole or in part by a qualified public
2.27 	or private entity other than the Pollution Control Agency
2.28 	consistent with the goals, policies, and priorities in section
2.29 	116.384.
2.30 		Subd. 10.Total maximum daily load or tmdl. "Total
2.31 	maximum daily load" or "TMDL" means a calculation of the maximum
2.32 	amount of a pollutant that may be introduced into a surface
2.33 	water and still ensure that applicable fishery quality standards
2.34 	for that water are achieved and maintained.  A TMDL is the sum
2.35 	of the pollutant load allocations for all sources of the
2.36 	pollutant, including a wasteload allocation for point sources, a
3.1 	load allocation for nonpoint sources and natural background, an
3.2 	allocation for future growth of point and nonpoint sources, and
3.3 	a margin of safety to account for uncertainty about the
3.4 	relationship between pollutant loads and the quality of the
3.5 	receiving surface water.  "Natural background" means pollution
3.6 	resulting from the multiplicity of factors in nature that
3.7 	determine the physical, chemical, or biological conditions in a
3.8 	water body but does not include measurable and distinguishable
3.9 	pollution that is attributable to human activity or influence.
3.10 	A TMDL shall take into account seasonal variations.
3.11 		Subd. 11.Water quality standards. "Water quality
3.12 	standards" for Minnesota surface waters are found in Minnesota
3.13 	Rules, chapters 7050 and 7052.

3.14 	Sec. 3. [116.384] IMPLEMENTATION; COORDINATION; GOALS;
3.15 	POLICIES; AND PRIORITIES.
3.16 		Subdivision 1.Coordination and cooperation. In
3.17 	implementing sections 116.381 to 116.388, public agencies shall
3.18 	take into consideration the relevant provisions of local and
3.19 	other applicable fisheries management, conservation, land use,
3.20 	land management, and development plans and programs.  Public
3.21 	agencies with authority for local water management,
3.22 	conservation, land use, land management, and development plans
3.23 	shall take into consideration the manner in which their plans
3.24 	affect the implementation of sections 116.381 to 116.388.
3.25 	Public agencies shall identify opportunities to participate and
3.26 	assist in the successful implementation of sections 116.381 to
3.27 	116.388, including the funding or technical assistance needs, if
3.28 	any, that would be necessary to take such actions.  In
3.29 	implementing sections 116.381 to 116.388, public agencies shall
3.30 	endeavor to engage the cooperation of all organizations and
3.31 	individuals whose activities affect the quality of surface
3.32 	waters, including point and nonpoint sources of pollution, and
3.33 	who have authority and responsibility for fisheries management,
3.34 	planning, and protection.  To the extent practicable, other
3.35 	public agencies shall endeavor to enter into formal and informal
3.36 	agreements and arrangements with federal agencies and
4.1 	departments to jointly utilize staff and resources to deliver
4.2 	programs or conduct activities to achieve the intent of sections
4.3 	116.381 to 116.388, including efforts under the federal Clean
4.4 	Water Act and other federal farm and soil and water conservation
4.5 	programs.
4.6 		Subd. 2.Goals for implementation. The following goals
4.7 	shall guide the implementation of sections 116.381 to 116.388:
4.8 	(1) to ensure the quantity, edibility, and health of
4.9 	Minnesota fish;
4.10 	(2) to identify all impaired fisheries in need of fishing
4.11 	protection in accordance with federal TMDL requirements within
4.12 	ten years after the effective date of this section and
4.13 	thereafter to ensure continuing evaluation of surface waters for
4.14 	impairments;
4.15 	(3) to submit TMDL's to the United States Environmental
4.16 	Protection Agency for all impaired fisheries in a timely manner
4.17 	in accordance with federal TMDL requirements;
4.18 	(4) to set a reasonable time for implementing restoration
4.19 	of each identified impaired fishery;
4.20 	(5) to provide assistance and incentives to prevent
4.21 	fisheries from becoming impaired and to improve the quality of
4.22 	fisheries that are listed as impaired but have no approved TMDL
4.23 	addressing the impairment; and 
4.24 	(6) to promptly seek the delisting of fisheries from the
4.25 	impaired fisheries list when those fisheries are shown to
4.26 	achieve the designated uses applicable to the fisheries.
4.27 		Subd. 3.Implementation policies. The following policies
4.28 	shall guide the implementation of sections 116.381 to 116.388:
4.29 	(1) develop regional and watershed TMDL's, and TMDL's for
4.30 	multiple pollutants, where reasonable and feasible;
4.31 	(2) maximize use of available organizational, technical,
4.32 	and financial resources to perform sampling, monitoring, and
4.33 	other activities to identify impaired fisheries, including use
4.34 	of citizen monitoring;
4.35 	(3) maximize opportunities for restoration of impaired
4.36 	fisheries by prioritizing and targeting of available
5.1 	programmatic, financial, and technical resources, and by
5.2 	providing additional state resources to complement and leverage
5.3 	available resources;
5.4 	(4) use existing regulatory authorities to achieve
5.5 	restoration for point and nonpoint sources of pollution where
5.6 	applicable, and promote the development and use of effective
5.7 	nonregulatory measures to address pollution sources for which
5.8 	regulations are not applicable;
5.9 	(5) utilize restoration methods that have a demonstrated
5.10 	effectiveness in reducing impairments and provide the greatest
5.11 	long-term positive impact on fishery quality protection and
5.12 	improvement while incorporating innovative approaches on a
5.13 	case-by-case basis;
5.14 	(6) identify for the legislature any innovative approaches
5.15 	that may strengthen or complement existing programs; and 
5.16 	(7) identify and encourage implementation of measures to
5.17 	prevent fisheries from becoming impaired and to improve the
5.18 	quality of fisheries which are listed as impaired but have no
5.19 	approved TMDL addressing the impairment.
5.20 		Subd. 4.Priorities for identifying impaired
5.21 	fisheries. The Minnesota Fishing Protection Council, in
5.22 	accordance with federal TMDL requirements, shall set priorities
5.23 	for identifying impaired fisheries, giving consideration to:
5.24 	(1) fisheries where impairments would pose the greatest
5.25 	potential risk to fish, human, or aquatic health; and 
5.26 	(2) fisheries where data developed through public agency or
5.27 	citizen monitoring or other means provides evidence that an
5.28 	impaired condition exists.
5.29 	Subd. 5.[PRIORITIES FOR PREPARATION OF TMDL'S.] The
5.30 	Minnesota Fishing Protection Council shall recommend priorities
5.31 	for scheduling and preparing TMDL's, taking into account the
5.32 	severity of the impairment, the designated uses of those
5.33 	fisheries, and other applicable federal TMDL requirements.  In
5.34 	recommending priorities, the council shall also give
5.35 	consideration to fisheries and watersheds:
5.36 	(1) with impairments that pose the greatest potential risk
6.1 	to fish, human, or aquatic health;
6.2 	(2) where other public agencies and participating
6.3 	organizations and individuals, especially local, basinwide, or
6.4 	regional agencies or organizations, have demonstrated readiness
6.5 	to assist in carrying out the responsibilities, including
6.6 	availability and organization of human, technical, and financial
6.7 	resources necessary to undertake the work; and 
6.8 	(3) where there is demonstrated coordination and
6.9 	cooperation among cities, counties, watershed districts, and
6.10 	soil and water conservation districts in planning and
6.11 	implementing activities that will assist in carrying out the
6.12 	responsibilities.
6.13 		Subd. 6.Priorities for restoration of impaired
6.14 	fisheries. In implementing restoration of impaired fisheries,
6.15 	in addition to the priority considerations in subdivision 5,
6.16 	clauses (1) to (3), the Minnesota Fishing Protection Council
6.17 	shall give priority in its recommendations for restoration
6.18 	funding from the Minnesota fishing protection account to
6.19 	restoration projects which:
6.20 	(1) coordinate with and utilize existing local authorities
6.21 	and infrastructure for implementation;
6.22 	(2) can be implemented in whole or in part by providing
6.23 	support for existing or ongoing restoration efforts;
6.24 	(3) most effectively leverage other sources of restoration
6.25 	funding, including federal, state, local, and private sources of
6.26 	funds; and 
6.27 	(4) show a high potential for early restoration and
6.28 	delisting based upon data developed through public agency or
6.29 	citizen monitoring or other means.
6.30 		Subd. 7.Priorities for funding prevention actions. The
6.31 	Minnesota Fishing Protection Council shall apply the priorities
6.32 	applicable under subdivision 6, as far as practicable, when
6.33 	recommending priorities for funding actions to prevent fisheries
6.34 	from becoming impaired and to improve the quality of fisheries
6.35 	which are listed as impaired but have no approved TMDL.

6.36 	Sec. 4. [116.385] ADMINISTRATION; POLLUTION CONTROL
7.1 	AGENCY.
7.2 		Subdivision 1.General duties and authorities. The
7.3 	Pollution Control Agency, in accordance with federal TMDL
7.4 	requirements, shall identify impaired fisheries and propose a
7.5 	list of such fisheries for review and approval by the United
7.6 	States Environmental Protection Agency, develop and approve
7.7 	TMDL's for listed impaired fisheries and submit the approved
7.8 	TMDL's to the United States Environmental Protection Agency for
7.9 	final approval, and propose to delist fisheries from the
7.10 	Environmental Protection Agency's impaired fisheries list.
7.11 		Subd. 2.Administrative procedures for tmdl
7.12 	approval. The approval of a TMDL by the Pollution Control
7.13 	Agency shall be considered a final decision of the agency and is
7.14 	subject to the contested case procedures of sections 14.57 to
7.15 	14.62 and to judicial review under sections 14.63 to 14.69.  A
7.16 	TMDL is not subject to the rulemaking requirements of chapter 14.
7.17 		Subd. 3.Third-party tmdl development. The Pollution
7.18 	Control Agency may enter into agreements with any qualified
7.19 	public or private entity setting forth the terms and conditions
7.20 	under which that entity is authorized to develop a third-party
7.21 	TMDL.  In determining whether an entity is qualified to develop
7.22 	a third-party TMDL, the agency shall consider the technical and
7.23 	administrative qualifications of the entity and any potential
7.24 	conflict of interest of the entity with respect to the
7.25 	development of the third-party TMDL.  A third-party TMDL is
7.26 	subject to modification and approval by the Pollution Control
7.27 	Agency, and must be approved by the Pollution Control Agency
7.28 	before it is submitted to the United States Environmental
7.29 	Protection Agency.  The Pollution Control Agency shall consider
7.30 	authorizing the development of third-party TMDL's consistent
7.31 	with the goals, policies, and priorities determined under this
7.32 	section.

7.33 	Sec. 5. [116.386] MINNESOTA FISHING PROTECTION COUNCIL.
7.34 		Subdivision 1.Creation; duties. A Minnesota Fishing
7.35 	Protection Council is created to advise on the administration
7.36 	and implementation of sections 116.381 to 116.388, and foster
8.1 	coordination and cooperation as described in section 116.384,
8.2 	subdivision 1.  The council may also advise the Pollution
8.3 	Control Agency on the development of appropriate processes for
8.4 	expert scientific review as described in section 116.387,
8.5 	subdivision 2.  The Pollution Control Agency shall provide
8.6 	administrative support for the council with the support of other
8.7 	member agencies.  The members of the council shall elect a chair
8.8 	from the nonagency members of the council.
8.9 		Subd. 2.Membership; appointment. The commissioners of
8.10 	natural resources, agriculture, and the Pollution Control
8.11 	Agency, and the executive director of the Board of Water and
8.12 	Soil Resources are the appointing authorities for the council.
8.13 	Each appointing authority shall appoint one person from the
8.14 	respective agency to serve as a member of the council.  The
8.15 	appointing authorities, acting jointly, shall appoint 13
8.16 	additional nonagency members of the council as follows:
8.17 	(1) two members representing statewide fishing conservation
8.18 	groups;
8.19 	(2) two members representing statewide farm organizations;
8.20 	(3) two members representing business organizations;
8.21 	(4) two members representing environmental organizations;
8.22 	(5) one member representing soil and water conservation
8.23 	districts;
8.24 	(6) one member representing watershed districts;
8.25 	(7) one member representing an organization of county
8.26 	governments;
8.27 	(8) one member representing organizations of city
8.28 	governments; and 
8.29 	(9) one member representing the Metropolitan Council
8.30 	established under section 473.123.
8.31 		Subd. 3.Terms; compensation; removal. The initial terms
8.32 	of members representing state agencies and the Metropolitan
8.33 	Council shall expire on the first Monday in January 2007.
8.34 	Thereafter, the terms of members representing state agencies and
8.35 	the Metropolitan Council shall be four years and shall be
8.36 	coterminous with the governor.  The terms of other members of
9.1 	the council shall be as provided in section 15.059, subdivision
9.2 	2.  Members may serve until their successors are appointed and
9.3 	qualify.  Compensation and removal of council members shall be
9.4 	as provided in section 15.059, subdivisions 3 and 4.  A vacancy
9.5 	on the council may be filled by the appointing authority
9.6 	provided in subdivision 1 for the remainder of the unexpired
9.7 	term.
9.8 		Subd. 4.Implementation plan. The Minnesota Fishing
9.9 	Protection Council shall prepare a plan for implementation of
9.10 	sections 116.381 to 116.388.  The plan shall address general
9.11 	procedures and timeframes for implementing sections 116.381 to
9.12 	116.388 and shall include a more specific implementation work
9.13 	plan for the next fiscal biennium and a framework for setting
9.14 	priorities to address impaired fisheries consistent with section
9.15 	116.384, subdivisions 2 to 6.  The council shall issue the first
9.16 	implementation plan under this subdivision by December 1, 2005,
9.17 	and shall issue a revised work plan by December 1 of each
9.18 	even-numbered year thereafter.
9.19 		Subd. 5.Recommendations on appropriation of funds. The
9.20 	Minnesota Fishing Protection Council shall recommend to the
9.21 	governor the manner in which money should be appropriated from
9.22 	the Minnesota fishing protection account for the purposes
9.23 	identified in section 116.384.  The council's recommendations
9.24 	shall be consistent with the purposes, policies, goals, and
9.25 	priorities in sections 116.381 to 116.388, and shall allocate
9.26 	adequate support and resources to identify impaired fisheries,
9.27 	develop TMDL's, implement restoration of impaired fisheries, and
9.28 	provide assistance and incentives to prevent fisheries from
9.29 	becoming impaired and improve the quality of fisheries which are
9.30 	listed as impaired but have no approved TMDL.
9.31 		Subd. 6.Biennial report to legislature. By December 1
9.32 	of each even-numbered year, the council shall submit a report to
9.33 	the legislature on the activities for which money from the
9.34 	Minnesota fishing protection account has been or will be spent
9.35 	for the current biennium, and the activities for which money is
9.36 	recommended to be spent in the next biennium.  The report due on
10.1 	December 1, 2014, shall include an evaluation of the progress
10.2 	made through June 30, 2014, in implementing sections 116.381 to
10.3 	116.387, the need for funding of future implementation of those
10.4 	sections, and recommendations for the sources of funding.

10.5 	Sec. 6. [116.387] PUBLIC AND STAKEHOLDER PARTICIPATION;
10.6 	SCIENTIFIC REVIEW; EDUCATION.
10.7 		Subdivision 1.Public and stakeholder
10.8 	participation. Public agencies involved in the implementation
10.9 	of sections 116.381 to 116.388 shall encourage participation by
10.10 	the public and stakeholders, including local citizens,
10.11 	landowners and managers, and public and private organizations,
10.12 	in the identification of impaired fisheries, in developing
10.13 	TMDL's, and in planning and implementing restoration of impaired
10.14 	fisheries.  In particular, the Pollution Control Agency shall
10.15 	make reasonable efforts to provide timely information to the
10.16 	public and to stakeholders about impaired fisheries that have
10.17 	been identified by the agency.  The agency shall seek broad and
10.18 	early public and stakeholder participation in scoping the
10.19 	activities necessary to develop a TMDL, including the scientific
10.20 	models, methods, and approaches to be used in TMDL development,
10.21 	and to implement restoration as provided in section 116.383,
10.22 	subdivision 8.
10.23 		Subd. 2.Expert scientific advice. The Minnesota Fishing
10.24 	Protection Council and public agencies shall make use of
10.25 	available expertise from educational, research, and technical
10.26 	organizations, including the University of Minnesota and other
10.27 	higher education institutions, to provide appropriate
10.28 	independent expert advice on models, methods, and approaches
10.29 	used in identifying impaired fisheries, developing TMDL's, and
10.30 	implementing prevention and restoration.
10.31 		Subd. 3.Education. The Minnesota Fishing Protection
10.32 	Council shall develop strategies for informing, educating, and
10.33 	encouraging the participation of citizens, stakeholders, and
10.34 	others regarding the identification of impaired fisheries,
10.35 	development of TMDL's, and development and implementation of
10.36 	restoration for impaired fisheries.  Public agencies shall be
11.1 	responsible for implementing the strategies.

11.2 	Sec. 7. [116.388] MINNESOTA FISHING PROTECTION ACCOUNT.
11.3 		Subdivision 1.Creation. The Minnesota fishing
11.4 	protection account is created as an account in the environmental
11.5 	fund.  Money in the account shall be made available for the
11.6 	implementation of Minnesota Statutes, sections 116.381 to
11.7 	116.388, without supplanting or taking the place of any other
11.8 	funds which are currently available or may become available from
11.9 	any other source, whether federal, state, local, or private, for
11.10 	implementation of those sections.
11.11 		Subd. 2.Sources of revenue. The following revenues
11.12 	shall be deposited in the Minnesota fishing protection account:
11.13 	(1) all nonconstitutionally dedicated lottery revenues
11.14 	credited to the general fund pursuant to Minnesota Statutes,
11.15 	section 349A.10, subdivision 5; and 
11.16 	(2) interest accrued on the account.
11.17 		Subd. 3.Uses of account. Subject to appropriation by
11.18 	the legislature, the Minnesota fishing protection account may be
11.19 	used for the following purposes:
11.20 	(1) to provide grants, loans, and technical assistance to
11.21 	public agencies and others who are participating in the process
11.22 	of identifying impaired fisheries, developing TMDL's,
11.23 	implementing restoration plans for impaired fisheries, and
11.24 	monitoring the effectiveness of restoration;
11.25 	(2) to support measures to prevent fisheries from becoming
11.26 	impaired and to improve the quality of fisheries which are
11.27 	listed as impaired but have no approved TMDL addressing the
11.28 	impairment;
11.29 	(3) to provide grants and loans for wastewater and storm
11.30 	water treatment projects through the public facilities
11.31 	authority;
11.32 	(4) to support the efforts of public agencies associated
11.33 	with individual sewage treatment systems and financial
11.34 	assistance for upgrading and replacing such systems; and 
11.35 	(5) to provide funds to state agencies to carry out their
11.36 	responsibilities under sections 116.381 to 116.388.

12.1 	Sec. 8. [446A.073] MINNESOTA FISHING PROTECTION
12.2 	PHOSPHORUS REDUCTION GRANTS.
12.3 		Subdivision 1.Creation of fund. The authority shall
12.4 	establish a Minnesota fishing protection capital improvement
12.5 	fund and shall make grants from the fund as provided in this
12.6 	section.
12.7 		Subd. 2.Grants. The authority shall award grants from
12.8 	the Minnesota fishing protection capital improvement fund to
12.9 	governmental units for the capital costs of wastewater treatment
12.10 	facility projects or a portion thereof that will reduce the
12.11 	discharge of total phosphorus from the facility to one milligram
12.12 	per liter or less.  A project is eligible for a grant if it
12.13 	meets the following requirements:
12.14 	(1) the applicable phosphorus discharge limit is
12.15 	incorporated in a permit issued by the agency for the wastewater
12.16 	treatment facility on or after March 28, 2000, or the grantee
12.17 	agrees to comply with the applicable limit as a condition of
12.18 	receiving the grant;
12.19 	(2) the governmental unit has submitted a facilities plan
12.20 	for the project to the agency and a grant application to the
12.21 	authority on a form prescribed by the authority; and 
12.22 	(3) the agency has approved the application and facilities
12.23 	plan, and certified the eligible costs for the project to the
12.24 	authority.
12.25 		Subd. 3.Eligible capital costs. Eligible capital costs
12.26 	for phosphorus reduction grants under subdivision 4, paragraph
12.27 	(a), shall include the as-bid construction costs and engineering
12.28 	planning and design costs.  Eligible capital costs for
12.29 	phosphorus reduction grants under subdivision 4, paragraph (b),
12.30 	shall include the final, incurred construction, engineering
12.31 	planning and design costs.
12.32 		Subd. 4.Grant amounts and priorities. (a) Priority
12.33 	shall be given to projects that start construction on or after
12.34 	July 1, 2005.  If the facilities plan for such a project is
12.35 	approved by the agency before July 1, 2009, the amount of the
12.36 	grant shall be 75 percent of the eligible capital cost of the
13.1 	project.  If the facilities plan for such a project is approved
13.2 	by the agency on or after July 1, 2009, the amount of the grant
13.3 	shall be 50 percent of the eligible capital cost of the
13.4 	project.  Priority in awarding grants under this paragraph shall
13.5 	be based on the date of approval of the facilities plan for the
13.6 	project.
13.7 	(b) Projects that meet eligibility requirements in
13.8 	subdivision 2 and have started construction before July 1, 2005,
13.9 	are eligible for grants to reimburse up to 75 percent of the
13.10 	eligible capital cost of the project, less any amounts
13.11 	previously received in grants from other sources.  Application
13.12 	for a grant under this paragraph must be submitted to the agency
13.13 	no later than June 30, 2007.  Priority for award of grants under
13.14 	this paragraph shall be based on the date of agency approval of
13.15 	the application for the grant.
13.16 	(c) In each fiscal year that money is available for grants,
13.17 	the authority shall first award grants under paragraph (a) to
13.18 	projects that met the eligibility requirements of subdivision 2
13.19 	by May 1 of that year.  The authority shall use any remaining
13.20 	money available that year to award grants under paragraph (b).
13.21 	Grants that have been approved but not awarded in a previous
13.22 	fiscal year shall carry over and shall be awarded in subsequent
13.23 	fiscal years in accordance with the priorities in this paragraph.
13.24 	(d) Disbursements of grants under this section by the
13.25 	authority to recipients must be made for eligible project costs
13.26 	as incurred by the recipients, and must be made by the authority
13.27 	in accordance with the project financing agreement and
13.28 	applicable state law.
13.29 		Subd. 5.Fees. The authority may charge the grant
13.30 	recipient a fee for its administrative costs not to exceed
13.31 	one-half of one percent of the grant amount, to be paid upon
13.32 	execution of the grant agreement.

13.33 	Sec. 9. APPROPRIATIONS.
 13.34 		Subdivision 1.General provisions. The appropriations in
13.35 	this section are from the environmental fund, and are available
13.36 	for the fiscal years ending June 30, 2006, and June 30, 2007.
14.1 	Unless otherwise specified in this section, these appropriations
14.2 	do not cancel and remain available until June 30, 2007.
14.3 		Subd. 2.Pollution control agency. The following amounts
14.4 	are appropriated to the Pollution Control Agency for the
14.5 	purposes stated:
14.6 	(1) $....... is for statewide assessment of surface water
14.7 	quality and trends.  Up to $....... of this appropriation is
14.8 	available for grants to support citizen monitoring of surface
14.9 	waters; and 
14.10 	(2) $....... is to develop TMDL's for waters listed on the
14.11 	U.S. EPA approved 2004 impaired waters list.
14.12 		Subd. 3.Agriculture department. $....... is
14.13 	appropriated to the Department of Agriculture for the purposes
14.14 	of this act.
14.15 		Subd. 4.Board of water and soil resources. $....... is
14.16 	appropriated to the Board of Water and Soil Resources for the
14.17 	purposes of this act.
14.18 		Subd. 5.Department of natural resources. $....... is
14.19 	appropriated to the Department of Natural Resources for the
14.20 	purposes of this act.
14.21 		Subd. 6.Public facilities authority. $....... is
14.22 	appropriated to the Public Facilities Authority.  Of this
14.23 	amount, $....... is to the Minnesota fishing protection capital
14.24 	improvements fund for grants under Minnesota Statutes, section
14.25 	446A.073; and $....... is to the water pollution control
14.26 	revolving fund under Minnesota Statutes, section 446A.07, for
14.27 	wastewater treatment and storm water projects.  Funds
14.28 	appropriated under this subdivision do not cancel and are
14.29 	available until expended.

14.30 	Sec. 10. EFFECTIVE DATE.
 14.31 	Sections 1 to 8 are effective the day following final
14.32 	enactment.  Section 9 is effective July 1, 2005.