2001 Minnesota Statutes

     103B.3369 Local Water Resources Protection and 
  Management Program. 

    Subdivision 1.    Assistance priorities.  State agencies 
 may give priority to local requests that are part of or 
 responsive to a comprehensive local water plan when 
 administering programs for water-related financial and technical 
 assistance.  

    Subd. 2.    Establishment.  A Local Water Resources 
 Protection and Management Program is established.  The board 
 shall provide financial assistance to counties for local 
 government activities that protect or manage water and related 
 land quality.  The activities include planning, zoning, official 
 controls, and other activities to implement comprehensive local 
 water plans.  

    Subd. 3.    County request and sponsorship.  Counties 
 must submit funding requests to the board.  A county must 
 coordinate and submit requests on behalf of other units of 
 government within its jurisdiction.  

    Subd. 4.    Contracts with local governments.  A county 
 may contract with other appropriate local units of government to 
 implement programs.  An explanation of the program 
 responsibilities proposed to be contracted with other local 
 units of government must accompany grant requests.  A county 
 that contracts with other local units of government is 
 responsible for ensuring that state funds are properly expended 
 and for providing an annual report to the board describing 
 expenditures of funds and program accomplishments.  

    Subd. 5.    Financial assistance.  The board may award 
 grants to watershed management organizations in the seven-county 
 metropolitan area or counties to carry out water resource 
 protection and management programs identified as priorities in 
 comprehensive local water plans.  Grants may be used to employ 
 persons and to obtain and use information necessary to: 

    (1) develop comprehensive local water plans under sections 
 103B.255 and 103B.311 that have not received state funding for 
 water resources planning as provided for in Laws 1987, chapter 
 404, section 30, subdivision 5, clause (a); 

    (2) revise comprehensive local water plans under section 
 103B.201; and 

    (3) implement comprehensive local water plans.  

 A base grant shall be awarded to a county that levies a water 
 implementation tax at a rate, which shall be determined by the 
 board.  The minimum amount of the water implementation tax shall 
 be a tax rate times the adjusted net tax capacity of the county 
 for the preceding year.  The rate shall be the rate, rounded to 
 the nearest .001 of a percent, that, when applied to the 
 adjusted net tax capacity for all counties, raises the amount of 
 $1,500,000.  The base grant will be in an amount equal to 
 $37,500 less the amount raised by that levy.  If the amount 
 necessary to implement the local water plan for the county is 
 less than $37,500, the amount of the base grant shall be the 
 amount that, when added to the levy amount, equals the amount 
 required to implement the plan.  For counties where the tax rate 
 generates an amount equal to or greater than $18,750, the base 
 grant shall be in an amount equal to $18,750. 

    Subd. 6.    Limitations.  (a) Grants provided to 
 implement programs under this section must be reviewed by the 
 state agency having statutory program authority to assure 
 compliance with minimum state standards.  At the request of the 
 state agency commissioner, the board shall revoke the portion of 
 a grant used to support a program not in compliance.  

    (b) Grants provided to develop or revise comprehensive 
 local water plans may not be awarded for a time longer than two 
 years.  

    (c) A county may not request or be awarded grants for 
 project implementation unless a comprehensive water plan has 
 been adopted. 

    Subd. 7.    Rules.  The board shall adopt rules that:  

    (1) establish performance criteria for grant administration 
 for local implementation of state delegated or mandated programs 
 that recognize regional variations in program needs and 
 priorities; 

    (2) recognize the unique nature of state delegated or 
 mandated programs; 

    (3) specify that program activities contracted by a county 
 to another local unit of government are eligible for funding; 
 and 

    (4) specify a process for the board to establish a base 
 level grant amount that all participating counties may be 
 eligible to receive. 

    Subd. 8.    Priorities.  (a) In reviewing requests, the 
 board must give priority to requests based on: 

    (1) completion of comprehensive water plans under sections 
 103B.255 and 103B.311; 

    (2) adoption, administration, and enforcement of official 
 controls; 

    (3) indicate the participation of several local units of 
 government, including multicounty efforts; 

    (4) complement efforts of federal, state, and local units 
 of government; and 

    (5) demonstrate long-term commitments to effective water 
 protection and management programs.  

    (b) The board shall consult with appropriate agencies to 
 evaluate grant requests and coordinate project activities with 
 other state, federal, and local research management projects. 

    HIST: 1989 c 326 art 2 s 10; 1990 c 391 art 10 s 3; 1990 c 597 
 s 15; 1990 c 604 art 3 s 1,2; 1995 c 184 s 26,27