.................... moves to amend H.F. No. 1237, the second engrossment, as follows:
Page 6, after line 18, insert:
"Sec. 16. Minnesota Statutes 2008, section 103B.3355, is amended to read:
1.4103B.3355 WETLAND FUNCTIONS FOR DETERMINING PUBLIC
(a) The public values of wetlands must be determined based upon the functions of
(1) water quality, including filtering of pollutants to surface and groundwater,
utilization of nutrients that would otherwise pollute public waters, trapping of sediments,
shoreline protection, and utilization of the wetland as a recharge area for groundwater;
(2) floodwater and stormwater retention, including the potential for flooding in
the watershed, the value of property subject to flooding, and the reduction in potential
flooding by the wetland;
(3) public recreation and education, including hunting and fishing areas, wildlife
viewing areas, and nature areas;
(4) commercial uses, including wild rice and cranberry growing and harvesting
(5) fish, wildlife, native plant habitats;
(6) low-flow augmentation;
(7) carbon sequestration; and
other public uses.
(b) The Board of Water and Soil Resources, in consultation with the commissioners
of natural resources and agriculture and local government units, shall adopt rules
(1) scientific methodologies for determining the functions of wetlands; and
(2) criteria for determining the resulting public values of wetlands.
(c) The methodologies and criteria established under this section or other
methodologies and criteria that include the functions in paragraph (a) and are approved
by the board, in consultation with the commissioners of natural resources and agriculture
and local government units, must be used to determine the functions and resulting public
values of wetlands in the state. The functions listed in paragraph (a) are not listed in
order of priority.
(d) Public value criteria established or approved by the board under this section do
not apply in areas subject to local comprehensive wetland protection and management
plans established under section
(e) The Board of Water and Soil Resources, in consultation with the commissioners
of natural resources and agriculture and local government units, may identify regions of
the state where preservation, enhancement, restoration, and establishment of wetlands
would have high public value. The board, in consultation with the commissioners, may
identify high priority wetland regions using available information relating to the factors
listed in paragraph (a). The board shall notify local units of government with water
planning authority of these high priority regions.
2.17EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
2.18rulemaking that begins after that date.
Page 6, after line 33, insert:
"Sec. 18. Minnesota Statutes 2008, section 103C.501, subdivision 2, is amended to
Subd. 2. Request by district board.
A district board requesting funds of the
state board must submit an application in a form prescribed by the board containing:
(1) a comprehensive plan;
(2) an annual work plan; and
(3) an application for cost-sharing funds.
(b) The comprehensive and annual work plans must be completed as provided in
103C.331, subdivision 11 . After review of the district's comprehensive plan, the
2.29 state board must approve the comprehensive plan with necessary amendments or reject
2.30 the plan.
Sec. 19. Minnesota Statutes 2008, section 103C.501, subdivision 4, is amended to read:
Subd. 4. Cost-sharing funds.
(a) The state board shall allocate at least 70 percent
of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality
problems or water quantity problems due to altered hydrology
. The areas must be
selected based on the statewide priorities established by the state board. The allocated
funds must be used for conservation practices for high priority problems identified in the
comprehensive and annual work plans of the districts.
(b) The remaining cost-sharing funds may be allocated to districts as follows:
(1) for technical and administrative assistance, not more than 20 percent of the
(2) for conservation practices for lower priority erosion, sedimentation, or water
Sec. 20. Minnesota Statutes 2008, section 103C.501, subdivision 5, is amended to read:
Subd. 5. Contracts by districts.
(a) A district board may contract on a cost-share
basis to furnish financial aid to a land occupier or to a state agency for permanent systems
for erosion or sedimentation control or water quality
improvement or water quantity
that are consistent with the district's comprehensive and annual work plans.
(b) The duration of the contract must, at a minimum, be the time required to
complete the planned systems. A contract must specify that the land occupier is liable for
monetary damages and penalties in an amount up to 150 percent of the financial assistance
received from the district, for failure to complete the systems or practices in a timely
manner or maintain the systems or practices as specified in the contract.
(c) A contract may provide for cooperation or funding with federal agencies. A land
occupier or state agency may provide the cost-sharing portion of the contract through
services in kind.
(d) The state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.
(e) When a district board determines that long-term maintenance of a system or
practice is desirable, the board may require that maintenance be made a covenant upon
the land for the effective life of the practice. A covenant under this subdivision shall be
construed in the same manner as a conservation restriction under section
Sec. 21. Minnesota Statutes 2008, section 103C.501, subdivision 6, is amended to read:
Subd. 6. Policies and rules.
(a) The state board may adopt rules and
(1) procedures and criteria for allocating funds for cost-sharing contracts;
(2) standards and guidelines for cost-sharing contracts;
(3) the scope and content of district comprehensive plans, plan amendments, and
annual work plans;
(4) standards and methods necessary to plan and implement a priority cost-sharing
program, including guidelines to identify high priority erosion, sedimentation, and water
quality problems and water quantity problems due to altered hydrology
(5) the share of the cost of conservation practices to be paid from cost-sharing
(6) requirements for districts to document their efforts to identify and contact land
occupiers with high priority
(b) The rules may provide that cost-sharing may be used for
and shelterbelts for the purposes of energy conservation and snow protection."
Page 8, line 23, after the second comma insert "wellhead protection area,
Page 8, line 31, after the second comma insert "wellhead protection area,
Page 8, after line 34, insert:
"(d) Land is eligible if the land is a wellhead protection area as defined under
4.14section 103I.005, subdivision 24, and has a wellhead protection plan approved by the
4.15commissioner of health.
Page 8, line 35, delete "(d)
" and reinstate "
Page 9, after line 20, insert:
"(d) Notwithstanding paragraph (a), the board must permit the harvest of native
4.19grasses for use in seed production or bioenergy on wellhead protection lands eligible
4.20under subdivision 2, paragraph (d).
Page 14, delete section 34, and insert:
"Sec. 39. REPEALER.
4.23(a) Minnesota Statutes 2008, sections 85.0505, subdivision 2; 103B.101, subdivision
4.2411; 103F.511, subdivision 4; and 103F.521, subdivision 2, are repealed.
4.25(b) Minnesota Rules, parts 8400.3130; 8400.3160; 8400.3200; 8400.3230;
4.268400.3330; 8400.3360; 8400.3390; 8400.3500; 8400.3530, subparts 1, 2, and 2a; and
4.278400.3560, are repealed.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly