Minnesota Legislature
SF 1651
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am
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A bill for an act
relating to state government; appropriating money from the clean water fund
for clean water legacy and drinking water protection activities; providing
for disposition of clean water fund; eliminating clean water legacy account;
amending Minnesota Statutes 2008, sections 114D.20, subdivision 6; 114D.30,
subdivision 6; 114D.50; repealing Minnesota Statutes 2008, section 114D.45.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
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The amounts shown in this section summarize direct appropriations from the clean
water fund, by agency, made in this act.
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2010 new text end |
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2011 new text end |
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Total new text end |
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Pollution Control Agency new text end |
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..,...,000 new text end |
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..,...,000 new text end |
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Department of Natural Resources new text end |
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.,...,000 new text end |
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Board of Water and Soil Resources new text end |
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..,...,000 new text end |
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Department of Agriculture new text end |
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.,...,000 new text end |
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Department of Health new text end |
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Metropolitan Council new text end |
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Public Facilities Authority new text end |
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..,...,000 new text end |
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Total new text end |
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Sec. 2. new text begin CLEAN WATER FUND APPROPRIATIONS.
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The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the clean
water fund, and are available for the fiscal years indicated for allowable activities under the
Minnesota Constitution, article XI, section 15. The figures "2010" and "2011" mean that
the appropriation listed under them are available for the fiscal year ending June 30, 2010,
or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. The appropriations for
fiscal year 2010 are not available until November 1, 2009. The appropriations in this
act are onetime.
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APPROPRIATIONS new text end |
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Available for the Year new text end |
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Ending June 30 new text end |
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2010 new text end |
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2011 new text end |
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Sec. 3. new text begin POLLUTION CONTROL AGENCY
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$ new text end |
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..,...,000 new text end |
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(a) $.,...,000 the first year and $.,...,000 the
second year are for statewide assessment
and monitoring of surface water quality and
trends.
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(b) $.,...,000 each year is for total maximum
daily load (TMDL) development and TMDL
implementation plans for waters listed on
the United States Environmental Protection
Agency approved Impaired Waters List in
accordance with Minnesota Statutes, chapter
114D. The agency shall complete an average
of ten percent of the TMDL's each year over
the biennium.
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(c) $...,000 each year is for civic engagement
in TMDL development.
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(d) $...,000 the first year and $...,000 the
second year are from the sustainable drinking
water account for ground water assessment
and drinking water protection.
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(e) $...,000 the first year is for endocrine
disruptor monitoring and analysis. The
department shall monitor and analyze
endocrine disruptors in surface waters in at
least 20 additional sites. The data must be
placed on the agency's Web site.
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Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
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Sec. 4. new text begin DEPARTMENT OF NATURAL
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.,...,000 new text end |
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.,...,000 new text end |
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(a) $...,000 the first year and $.,...,000
the second year are for work assisting in
water quality assessments supporting the
identification of impaired waters.
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(b) $.,...,000 each year is for TMDL
development and TMDL implementation
plans for waters listed on the United States
Environmental Protection Agency approved
Impaired Waters List in accordance with
Minnesota Statutes, chapter 114D.
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(c) $...,000 the first year and $.,...,000
the second year are for nonpoint source
restoration and protection activities.
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(d) $...,000 each year is from the sustainable
drinking water account for ground water
assessment and drinking water protection
activities.
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Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
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Sec. 5. new text begin BOARD OF WATER AND SOIL
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$ new text end |
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..,...,000 new text end |
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$ new text end |
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(a) $.,...,000 the first year and $..,...,000
the second year are for targeted nonpoint
source pollution reduction projects to protect,
enhance, and restore water quality in lakes,
rivers, and streams.
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(b) $.,...,000 the first year and $.,...,000
the second year are for targeted nonpoint
restoration technical assistance and
engineering.
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(c) $.,...,000 the first year and $.,...,000 the
second year are for grants to implement
county subsurface sewage treatment system
programs.
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(d) $...,000 the first year and $.,...,000
the second year are for grants to address
imminent threat and failing subsurface
sewage treatment systems.
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(e) $.,...,000 each year is for feedlot water
quality grants for feedlots under 300 animal
units where there are impaired waters.
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(f) $.,...,000 the first year and $.,...,000 the
second year are for grants to support local
nonpoint source protection activities related
to lake and river protection and management.
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(g) $.,...,000 each year is for grants to protect
stream bank, stream channel, lakeshore, and
roadside protection and restoration projects.
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(h) $...,000 each year is for grants for
civic engagement and education in water
restoration and protection activities for
nonpoint sources.
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(i) $...,000 the first year is for state oversight,
support, and accountability reporting of local
government implementation.
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At least 93 percent of the money appropriated
in paragraphs (a) to (h) must be made
available for grants. All of the money
appropriated in paragraphs (a) to (h) as grants
to local governments shall be administered
through the Board of Water and Soil
Resources' local water resources protection
and management program under Minnesota
Statutes, section 103B.3369.
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Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
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Sec. 6. new text begin DEPARTMENT OF AGRICULTURE
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$ new text end |
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.,...,000 new text end |
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$ new text end |
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.,...,000 new text end |
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(a) $...,000 the first year and $.,...,000 the
second year are for research, evaluation,
and effectiveness monitoring of agricultural
practices and load allocations, and assisting
in TMDL development in restoring impaired
waters.
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(b) $.,...,000 the first year is for the
agricultural best management practices loan
program. At least $.,...,000 is available
for pass-through to local governments and
lenders for low-interest loans and is available
until spent. Any unencumbered balance
that is not used for pass-through to local
governments does not cancel at the end of the
first year and is available for the second year.
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(c) $...,000 the first year is for technical
assistance in developing TMDL plans.
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(d) $...,000 each year is from the sustainable
drinking water account for ground water
assessment and drinking water protection
activities.
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(e) $...,000 each year is from the sustainable
drinking water account for pesticide
monitoring and assessment.
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Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
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Sec. 7. new text begin DEPARTMENT OF HEALTH
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$ new text end |
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.,...,000 new text end |
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.,...,000 new text end |
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(a) $...,000 each year is from the sustainable
drinking water account for additional
assessment of drinking water contaminants.
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(b) $.,...,000 each year is from the sustainable
drinking water account for additional source
water protection activities.
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Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
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Sec. 8. new text begin METROPOLITAN COUNCIL
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$ new text end |
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$ new text end |
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$...,000 each year is from the sustainable
drinking water account for implementation
of the master water supply plan developed
under Minnesota Statutes, section 473.1565.
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Sec. 9. new text begin PUBLIC FACILITIES AUTHORITY
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$ new text end |
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$..,...,000 the first year and $..,...,000
the second year are for wastewater and
storm water infrastructure, TMDL grants,
and phosphorus reduction grants and are
available until spent.
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Sec. 10.
Minnesota Statutes 2008, section 114D.20, subdivision 6, is amended to read:
Subd. 6.
Priorities for restoration of impaired waters.
In 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 funding
from the clean water deleted text begin legacy accountdeleted text end new text begin fundnew text end to 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; and
(5) show a high potential for long-term water quality and related conservation
benefits.
Sec. 11.
Minnesota Statutes 2008, section 114D.30, subdivision 6, is amended to read:
Subd. 6.
Recommendations on appropriation of funds.
The Clean Water Council
shall recommend to the governor the manner in which money from the clean water
deleted text begin legacy accountdeleted text end new text begin fundnew text end should be appropriated for the purposes identified in section deleted text begin 114D.45,
subdivision 3deleted text end new text begin 114D.50new text end . The council's recommendations must be consistent with the
purposes, policies, goals, and priorities in sections 114D.05 to 114D.35, and shall allocate
adequate support and resources to identify impaired waters, develop TMDL's, implement
restoration of impaired waters, and provide assistance and incentives to prevent waters
from becoming impaired and improve the quality of waters which are listed as impaired
but have no approved TMDL. The council must recommend methods of ensuring that
awards of grants, loans, or other funds from the clean water deleted text begin legacy accountdeleted text end new text begin fundnew text end specify
the outcomes to be achieved as a result of the funding and specify standards to hold the
recipient accountable for achieving the desired outcomes. Expenditures from the deleted text begin accountdeleted text end new text begin
fundnew text end must be appropriated by law.
Sec. 12.
Minnesota Statutes 2008, section 114D.50, is amended to read:
114D.50 CLEAN WATER FUND.
new text begin Subdivision 1. new text end
new text begin Creation. new text end
The clean water fund is established in the Minnesota
Constitution, article XI, section 15. All money earned by the fund must be credited to
the fund.
new text begin Subd. 2. new text end
new text begin Purposes. new text end
new text begin
Except as provided in subdivision 3, the clean water fund may
be spent for the following purposes to further the goals of this chapter:
new text end
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(1) to provide grants, loans, and technical assistance to public agencies and others
who are participating in the process of identifying impaired waters, developing TMDL's,
implementing restoration plans for impaired waters, and monitoring the effectiveness
of restoration;
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(2) to support measures to prevent waters from becoming impaired and to improve
the quality of waters that are listed as impaired but do not have an approved TMDL
addressing the impairment;
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(3) to provide grants and loans for wastewater and storm water treatment projects
through the Public Facilities Authority;
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(4) to support the efforts of public agencies associated with subsurface sewage
treatment systems and provide financial assistance for upgrading and replacing the
systems; and
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(5) to provide funds to state agencies to carry out their responsibilities under this
chapter.
new text end
new text begin Subd. 3. new text end
new text begin Sustainable drinking water account. new text end
new text begin
The sustainable drinking water
account is established in the clean water fund. Five percent of the revenue deposited into
the clean water fund must be allocated to the sustainable drinking water account and must
be spent only to protect drinking water sources.
new text end
Sec. 13. new text begin REPEALER.
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Minnesota Statutes 2008, section 114D.45,
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is repealed.
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