1.1.................... moves to amend H.F. No. 1973 as follows:
1.2Delete everything after the enacting clause and insert:

1.3

"Section 1. CLEAN WATER FUND APPROPRIATIONS.

1.4 The sums shown in the columns marked "Appropriations" are appropriated to the
1.5agencies and for the purposes specified in this act. The appropriations are from the clean
1.6water fund, or another named fund, and are available for the fiscal years indicated for each
1.7purpose. The figures "2010" and "2011" used in this act mean that the appropriations
1.8listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
1.9respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011.
1.10"The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal year ending
1.11June 30, 2009, are effective the day following final enactment. All appropriations in
1.12this act are onetime only.

`1.13`	APPROPRIATIONS
`1.14`	Available for the Year
`1.15`	Ending June 30
`1.16`		2010	2011

1.17

Sec. 2. DEPARTMENT OF AGRICULTURE.

3,075,000

5,850,000

1.18$339,000 the first year is to intensively
1.19monitor and analyze three sub-watersheds
1.20for changes in agricultural runoff related to
1.21land management practices and evaluate best
1.22management practices in sub-watersheds
1.23within the Root River Watershed in
1.24southeastern Minnesota. The commissioner
1.25shall submit a report on the use of this
1.26appropriation to the chairs of the house and
2.1senate committees with jurisdiction over
2.2agriculture, agriculture finance, environment
2.3and natural resources, and environment and
2.4natural resources finance by January 15,
2.52012. This appropriation is available until
2.6spent.

2.7

Sec. 3. PUBLIC FACILITIES AUTHORITY.

8,125,000

17,250,000

2.8(a) $5,000,000 the first year and $10,000,000
2.9the second year are for the total maximum
2.10daily load grant program under Minnesota
2.11Statutes, section 446A.073. This
2.12appropriation is available until spent.
2.13(b) $2,500,000 the first year and $5,000,000
2.14the second year are for the clean water legacy
2.15phosphorus reduction grant program under
2.16Minnesota Statutes, section 446A.074. This
2.17appropriation is available until spent.
2.18(c) $125,000 the first year and $250,000 the
2.19second year are for the small community
2.20wastewater treatment program for technical
2.21assistance grants under Minnesota Statutes,
2.22section 446A.075. This appropriation is
2.23available until spent.
2.24(d) $500,000 the first year and $2,000,000
2.25the second year are for the small community
2.26wastewater treatment program for
2.27reconstruction loans and grants under
2.28Minnesota Statutes, section 446A.075. This
2.29appropriation is available until spent.

2.30

Sec. 4. POLLUTION CONTROL AGENCY.

16,503,000

23,688,000

2.31(a) $9,000,000 the first year and $9,000,000
2.32the second year is to develop total maximum
2.33daily load (TMDL) studies and TMDL
2.34implementation plans for waters listed on
3.1the United States Environmental Protection
3.2Agency approved impaired waters list in
3.3accordance with Minnesota Statutes, chapter
3.4114D. The agency shall complete an average
3.5of ten percent of the TMDLs each year over
3.6the biennium.
3.7(b) $500,000 the first year and $1,188,000
3.8the second year is for development of an
3.9enhanced TMDL database to manage and
3.10track progress. Of this amount, $63,000 the
3.11first year is to promulgate rules.
3.12(c) $1,500,000 the first year and $3,500,000
3.13the second year is for grants under Minnesota
3.14Statutes, section 116.195, to political
3.15subdivisions for up to 50 percent of the
3.16costs to predesign, design, and implement
3.17capital projects that use treated municipal
3.18wastewater instead of groundwater from
3.19drinking water aquifers, in order to
3.20demonstrate the beneficial use of wastewater,
3.21including the conservation and protection of
3.22water resources.
3.23(d) $750,000 the first year and $1,500,000 the
3.24second year are for groundwater assessment
3.25and drinking water protection to include:
3.26(1) the installation and sampling of at least
3.2730 new monitoring wells;
3.28(2) the analysis of samples from at least 40
3.29shallow monitoring wells each year for the
3.30presence of endocrine disrupting compounds;
3.31and
3.32(3) the completion of at least four to
3.33five ground water models for TMDL and
3.34watershed plans.
4.1(e) $348,000 the first year is to retest the
4.2comprehensive assessment of the biological
4.3conditions of the lower Minnesota River and
4.4its tributaries within the Lower Minnesota
4.5River Major Watershed, as previously
4.6assessed from 1976 to 1992 under the
4.7Minnesota River Assessment Project
4.8(MRAP). The assessment must include the
4.9same fish species sampling at the same 116
4.10locations and the same macroinvertebrate
4.11sampling at the same 41 locations as the
4.12MRAP assessment. The assessment must:
4.13(1) include an analysis of the findings; and
4.14(2) identify factors that limit aquatic life in
4.15the Minnesota River.
4.16(f) $2,500,000 the first year and $7,500,000
4.17the second year is for the clean water
4.18partnership program. Priority shall be given
4.19to projects preventing impairments and
4.20degradation of lakes, rivers, streams, and
4.21groundwater in accordance with Minnesota
4.22Statutes, section 114D.20, subdivision 2,
4.23clause (4). Any balance remaining in the first
4.24year does not cancel and is available for the
4.25second year.
4.26(g) $1,000,000 the first year is to establish a
4.27network of water monitoring sites in public
4.28waters adjacent to wastewater treatment
4.29facilities across the state to assess levels of
4.30endocrine disrupting compounds, antibiotic
4.31compounds, and pharmaceuticals as required
4.32in this act.
4.33(h) $155,000 the first year is to provide
4.34notification of the potential for coal tar
4.35contamination, establish a storm water
5.1pond inventory schedule, and develop best
5.2management practices for treating and
5.3cleaning up contaminated sediments as
5.4required in this act. $1,000,000 the second
5.5year is to develop a model ordinance for the
5.6restricted use of undiluted coal tar sealants
5.7and to provide grants to local units of
5.8government for up to 50 percent of the costs
5.9to implement best management practices to
5.10treat or clean up contaminated sediments
5.11in storm water ponds and other waters as
5.12defined under this act. Local governments
5.13must have adopted an ordinance for the
5.14restricted use of undiluted coal tar sealants
5.15in order to be eligible for a grant, unless a
5.16statewide restriction has been implemented.
5.17A grant awarded under this paragraph must
5.18not exceed $100,000.
5.19(i) $750,000 in fiscal year 2010 is for a
5.20restoration project in the lower St. Louis
5.21River and Duluth harbor.
5.22Notwithstanding Minnesota Statutes, section
5.2316A.28, the appropriations encumbered on or
5.24before June 30, 2011, as grants or contracts
5.25in this subdivision are available until June
5.2630, 2013.

5.27
5.28

Sec. 5. DEPARTMENT OF NATURAL
RESOURCES.

5,208,000

9,566,000

5.29(a) $1,050,000 the first year and $1,665,000
5.30the second year are for work assisting in
5.31water quality assessment, total maximum
5.32daily load study and implementation, and
5.33watershed restoration and protection.
6.1(b) $375,000 the first year and $750,000 the
6.2second year are for drinking water planning
6.3and protection activities.
6.4(c) $950,000 the second year is for work
6.5assisting in water quality assessment,
6.6total maximum daily load study and
6.7implementation, and watershed restoration
6.8and protection in accordance with Minnesota
6.9Statutes, chapter 114D.
6.10(d) $1,058,000 the first year and $1,601,000
6.11the second year are for work assisting in
6.12water quality assessment, total maximum
6.13daily load study and implementation, and
6.14watershed restoration and protection in
6.15accordance with Minnesota Statutes, chapter
6.16114D.
6.17(f) $2,500,000 the first year and $2,500,000
6.18the second year are to acquire and distribute
6.19high-resolution digital elevation data to be
6.20used to predict water and sediment flows,
6.21and for planning and installation measures to
6.22clean up impaired waters. The data will be
6.23collected for areas of the state that have not
6.24acquired such data prior to January 1, 2007,
6.25or to complete acquisition and distribution of
6.26the data for those areas of the state that have
6.27previously received state funds for acquiring
6.28and distributing the data. Mapping and data
6.29set distribution under this paragraph must
6.30be completed within three years of funds
6.31availability. The commissioner shall utilize
6.32department staff whenever possible. The
6.33commissioner may contract for services only
6.34if they cannot otherwise be provided by the
6.35department.
7.1(g) $225,000 the first year and $225,000
7.2the second year are to adopt rules for the
7.3Mississippi River corridor critical area
7.4under Minnesota Statutes, section 116G.115.
7.5The commissioner shall begin rulemaking
7.6under chapter 14 no later than January 15,
7.72010. At least 30 days prior to beginning
7.8the rulemaking, the commissioner shall
7.9notify local units of government within the
7.10Mississippi River corridor critical area the
7.11intent to adopt rules. The local units of
7.12government shall make reasonable efforts
7.13to notify owners of property within the
7.14Mississippi River corridor critical area
7.15the proposed schedule for rulemaking,
7.16opportunities for public comment, and
7.17contact information for the appropriate
7.18department staff. The commissioner shall
7.19maintain a listserv of interested parties
7.20to provide timely information about
7.21the proposed schedule for rulemaking,
7.22opportunities for public comment, and
7.23contact information for the appropriate
7.24department staff.
7.25(h) $1,875,000 the second year is
7.26to investigate physical and recharge
7.27characteristics as part of the collection
7.28and interpretation of subsurface geological
7.29information and acceleration of the county
7.30geologic atlas program. This appropriation
7.31represents a continuing effort to complete
7.32the county geologic atlases throughout the
7.33state in order to provide information and
7.34assist in planning for the sustainable use
7.35of ground and surface water that does not
7.36harm ecosystems, degrade water quality, or
8.1compromise the ability of future generations
8.2to meet their own needs. This appropriation
8.3is available until December 31, 2014.

8.4
8.5

Sec. 6. BOARD OF WATER AND SOIL
RESOURCES.

7,500,000

15,937,000

8.6(a) $1,500,000 the first year and $5,000,000
8.7the second year are to purchase and restore
8.8permanent conservation easements on
8.9riparian buffers of up to 100 feet adjacent
8.10to public waters, excluding wetlands, to
8.11keep water on the land in order to decrease
8.12sediment, pollutant and nutrient transport,
8.13reduce hydrologic impacts to surface waters,
8.14and increase infiltration for groundwater
8.15recharge. The riparian buffers must be of
8.16at least 50 feet unless there is a natural
8.17impediment, a road, or other impediment
8.18beyond the control of the landowner. This
8.19appropriation may be used for restoration
8.20of riparian buffers protected by easements
8.21purchased with this appropriation and for
8.22stream bank restorations when the riparian
8.23buffers have been restored. Up to five
8.24percent may be used for administration of
8.25this program.
8.26(b) $1,500,000 the first year and $4,424,000
8.27the second year are for grants to watershed
8.28districts and watershed management
8.29organizations for the installation of proven
8.30and effective water retention practices
8.31including, but not limited to, rain gardens
8.32and other vegetated infiltration basins,
8.33and sediment control basins in order to
8.34keep water on the land. The projects must
8.35be of long lasting public benefit, include
8.36a local match, and be consistent with
9.1TMDL implementation plans or local water
9.2management plans. Watershed district and
9.3watershed management organization staff
9.4and administration may be used for local
9.5match. Priority may be given to school
9.6projects that can be used to demonstrate
9.7water retention practices. Up to five percent
9.8may be used for administering the grants.
9.9(c) $1,500,000 the first year and $4,500,000
9.10the second year are for nonpoint source
9.11pollution reduction and restoration
9.12grants to watershed districts, watershed
9.13management organizations, and soil and
9.14water conservation districts for grants in
9.15addition to grants available under paragraphs
9.16(a) and (b) to keep water on the land and
9.17to protect, enhance, and restore water
9.18quality in lakes, rivers, and streams, and
9.19to protect groundwater and drinking water.
9.20The projects must be of long lasting public
9.21benefit, include a local match, and be
9.22consistent with TMDL implementation plans
9.23or local water management plans. Up to five
9.24percent may be used for administering the
9.25grants.
9.26(d) $500,000 the first year and $1,500,000 the
9.27second year is for permanent conservation
9.28easements on wellhead protection areas
9.29under Minnesota Statutes, section 103F.515,
9.30subdivision 2, paragraph (d). Priority must
9.31be placed on land that is located where
9.32the vulnerability of the drinking water
9.33supply management area, as defined under
9.34Minnesota Rules, part 4720.5100, subpart
9.3513, is designated as high or very high by the
9.36commissioner of health.
10.1(e) $1,000,000 the first year and $2,000,000
10.2the second year are for feedlot water quality
10.3improvement grants for feedlots under 300
10.4animal units on riparian land, to include
10.5water quality assessment to determine the
10.6effectiveness of the grants in protecting,
10.7enhancing, and restoring water quality in
10.8lakes, rivers, and streams, and in protecting
10.9groundwater from degradation.
10.10The board shall contract for services with
10.11the Minnesota Conservation Corps for
10.12restoration, maintenance, and other activities
10.13under this section for at least $500,000 the
10.14first year and $500,000 the second year.
10.15The board shall give priority consideration
10.16to projects and practices that complement,
10.17supplement or exceed current state standards
10.18for protection, enhancement, and restoration
10.19of water quality in lakes, rivers, and streams
10.20or that protect groundwater from degradation.
10.21To the extent possible, any restoration
10.22conducted with money appropriated in this
10.23section must plant vegetation or sow seed
10.24only of ecotypes native to Minnesota, and
10.25preferably of the local ecotype, using a high
10.26diversity of species originating from as
10.27close to the restoration site as possible, and
10.28protect existing native prairies from genetic
10.29contamination.
10.30The board shall submit a report on the
10.31expenditure and use of money appropriated
10.32under this section to the chairs of the house
10.33and senate committees with jurisdiction
10.34over environment and natural resources, and
10.35environment and natural resources finance
11.1by March 1 of each year. The report must
11.2provide detail on the: expenditure of funds,
11.3including maps; the effectiveness of the
11.4expenditures in protecting, enhancing, and
11.5restoring water quality in lakes, rivers, and
11.6streams and protecting groundwater from
11.7degradation; and the effectiveness of the
11.8expenditures in keeping water on the land.

11.9

Sec. 7. DEPARTMENT OF HEALTH.

1,250,000

2,500,000

11.10(a) $805,000 in fiscal year 2010 and
11.11$1,610,000 in fiscal year 2012 are for
11.12protection of drinking water sources,
11.13including assisting 30 or more communities
11.14in fiscal year 2010 and 60 or more
11.15communities in fiscal year 2011 with
11.16the development and implementation of
11.17community source water protection plans
11.18before new community wells are installed,
11.19and awarding ten or more communities in
11.20fiscal year 2010 and 20 or more communities
11.21in fiscal year 2011 with source water
11.22protection implementation grants.
11.23(b) $445,000 in fiscal year 2010 and $890,000
11.24in fiscal year 2011 are for addressing public
11.25health concerns related to contaminants
11.26found in Minnesota drinking water for which
11.27no health-based drinking water standard
11.28exists. The commissioner shall characterize
11.29and issue health-based guidance for three or
11.30more additional unregulated drinking water
11.31contaminants in fiscal year 2010, and seven
11.32or more additional unregulated drinking
11.33water contaminants in fiscal year 2011.

11.34

Sec. 8. UNIVERSITY OF MINNESOTA.

750,000

820,000

12.1(a) $820,000 the first year is for the
12.2Geological Survey to continue and to initiate
12.3the production of county geologic atlases.
12.4This appropriation represents a continuing
12.5effort to complete the county geologic atlases
12.6throughout the state in order to provide
12.7information and assist in planning for the
12.8sustainable use of ground and surface water
12.9that does not harm ecosystems, degrade
12.10water quality, or compromise the ability
12.11of future generations to meet their own
12.12needs. This appropriation is available until
12.13December 31, 2014.
12.14(b) $750,000 the first year is to develop a
12.15comprehensive statewide sustainable water
12.16resources 25-year detailed framework.

12.17

Sec. 9. LEGISLATURE.

117,000

99,000

12.18$117,000 the first year and $99,000
12.19the second year are for the Legislative
12.20Coordinating Commission to establish
12.21and operate the new Office of Public
12.22Accountability for Constitutionally
12.23Dedicated Funding as required under
12.24Minnesota Statutes, section 3.303,
12.25subdivision 10, and for the legislative auditor
12.26to conduct restoration audits under Minnesota
12.27Statutes, section 3.971, subdivision 9.

12.28    Sec. 10. Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:
12.29    Subd. 2. Eligible land. (a) Land may be placed in the ~~conservation~~ reinvest in
12.30Minnesota reserve program if the land meets the requirements of paragraphs (b) and
12.31(c) or paragraph (d).
12.32(b) Land is eligible if the land:
12.33(1) is marginal agricultural land;
13.1(2) is adjacent to marginal agricultural land and is either beneficial to resource
13.2protection or necessary for efficient recording of the land description;
13.3(3) consists of a drained wetland;
13.4(4) is land that with a windbreak or water quality improvement practice would be
13.5beneficial to resource protection;
13.6(5) is land in a sensitive groundwater area;
13.7(6) is riparian land;
13.8(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to
13.9four acres of cropland or one acre of noncropland for each acre of wetland restored;
13.10(8) is a woodlot on agricultural land;
13.11(9) is abandoned building site on agricultural land, provided that funds are not used
13.12for compensation of the value of the buildings; or
13.13(10) is land ~~on a hillside~~ used for pasture that is marginal in nature.
13.14(c) Eligible land under paragraph (a) must:
13.15(1) be owned by the landowner, or a parent or other blood relative of the landowner,
13.16for at least one year before the date of application;
13.17(2) be at least five acres in size, except for a drained wetland area, riparian area,
13.18windbreak, woodlot, wellhead protection area, or abandoned building site, or be a whole
13.19field ~~as defined by the United States Agricultural Stabilization and Conservation Services~~;
13.20(3) not be set aside, enrolled or diverted under another federal or state government
13.21program unless enrollment in the ~~conservation~~ reinvest in Minnesota reserve program
13.22would provide additional conservation benefits or a longer term of enrollment than under
13.23the current federal or state program; and
13.24(4) have been in agricultural crop production for at least two of the last five
13.25years before the date of application except drained wetlands, riparian lands, woodlots,
13.26abandoned building sites, environmentally sensitive areas, wellhead protection areas, or
13.27land on a hillside used for pasture.
13.28~~(d) In selecting drained wetlands for enrollment in the program, the highest priority~~
13.29~~must be given to wetlands with a cropping history during the period 1976 to 1985.~~
13.30(d) Land is eligible if the land is a wellhead protection area as defined under
13.31section 103I.005, subdivision 24, and has a wellhead protection plan approved by the
13.32commissioner of health.
13.33(e) In selecting land for enrollment in the program, highest priority must be given to
13.34permanent easements that are consistent with the purposes stated in section 103F.505.

13.35    Sec. 11. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
14.1    Subd. 4. Nature of property rights acquired. (a) A conservation easement must
14.2prohibit:
14.3(1) alteration of wildlife habitat and other natural features, unless specifically
14.4approved by the board;
14.5(2) agricultural crop production and livestock grazing, unless specifically approved
14.6by the board for ~~wildlife~~ conservation management purposes; and
14.7~~(3) grazing of livestock except, for agreements entered before the effective date of~~
14.8~~Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the~~
14.9~~board after consultation with the commissioner of natural resources, in the case of severe~~
14.10~~drought, or a local emergency declared under section~~ ~~12.29; and~~
14.11~~(4)~~ (3) spraying with chemicals or mowing, except:
14.12(i) as necessary to comply with noxious weed control laws or;
14.13(ii) for emergency control of pests necessary to protect public health; or
14.14(iii) as approved by the board for conservation management purposes.
14.15(b) A conservation easement is subject to the terms of the agreement provided in
14.16subdivision 5.
14.17(c) A conservation easement must allow repairs, improvements, and inspections
14.18necessary to maintain public drainage systems provided the easement area is restored to
14.19the condition required by the terms of the conservation easement.
14.20(d) Notwithstanding paragraph (a), the board must permit the harvest of native
14.21grasses for use in seed production or bioenergy on wellhead protection lands eligible
14.22under subdivision 2, paragraph (d).

14.23    Sec. 12. Minnesota Statutes 2008, section 114D.50, is amended to read:
14.24114D.50 CLEAN WATER FUND.
14.25    Subdivision 1. Establishment. The clean water fund is established in the Minnesota
14.26Constitution, article XI, section 15. All money earned by the fund must be credited to
14.27the fund.
14.28    Subd. 2. Sustainable drinking water account. The sustainable drinking water
14.29account is established as an account in the clean water fund.
14.30    Subd. 3. Purpose. (a) The clean water fund may be spent only to protect, enhance,
14.31and restore water quality in lakes, rivers, and streams, to protect groundwater from
14.32degradation, and to protect drinking water sources by:
14.33(1) providing additional grants, loans, and technical assistance to public agencies
14.34and others who are participating in the process of testing waters, identifying impaired
15.1waters, developing total maximum daily loads, implementing restoration plans for
15.2impaired waters, and evaluating the effectiveness of restoration;
15.3(2) supporting additional measures to prevent surface waters from becoming
15.4impaired and to improve the quality of waters that are listed as impaired, but do not have
15.5an approved total maximum daily load addressing the impairment;
15.6(3) providing additional grants and loans for wastewater and storm water treatment
15.7projects through the Public Facilities Authority;
15.8(4) supporting additional measures to prevent the degradation of groundwater in
15.9accordance with the groundwater degradation prevention goal under Minnesota Statutes,
15.10section 103H.001; and
15.11(5) providing additional funds to state agencies to carry out their responsibilities,
15.12including enhanced compliance and enforcement, under this chapter.
15.13(b) Funds from the clean water fund must supplement traditional sources of funding
15.14for these purposes and may not be used as a substitute.

15.15    Sec. 13. [116.201] COAL TAR.
15.16A state agency may not purchase undiluted coal tar sealant. For the purposes of this
15.17section, "undiluted coal tar sealant" means a sealant material containing coal tar that
15.18has not been mixed with asphalt and is for use on asphalt surfaces, including driveways
15.19and parking lots.
15.20EFFECTIVE DATE.This section is effective July 1, 2010.

15.21    Sec. 14. Minnesota Statutes 2008, section 116G.15, is amended to read:
15.22116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
15.23    Subdivision 1. Establishment; purpose. ~~(a)~~ The federal Mississippi National
15.24River and Recreation Area established pursuant to United States Code, title 16, section
15.25460zz-2(k), is designated an area of critical concern in accordance with this chapter. ~~The~~
15.26~~governor shall review the existing Mississippi River critical area plan and specify any~~
15.27~~additional standards and guidelines to affected communities in accordance with section~~
15.28~~116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of~~
15.29~~the area pending the completion of the federal plan.~~ The purpose of the designation is to:
15.30(1) protect and preserve the Mississippi River and adjacent lands that the legislature
15.31finds to be unique, valuable, and dynamic and environmental state and regional resources
15.32for the benefit of the health, safety, and welfare of the citizens of the state, region, and
15.33nation;
16.1(2) prevent and mitigate irreversible damages to the natural resources listed under
16.2clause (1);
16.3(3) preserve and enhance the natural, aesthetic, cultural, recreational, and historical
16.4values of the Mississippi River and its corridor for public use and benefit;
16.5(4) protect and preserve the Mississippi River and its corridor as an essential element
16.6in the national, state, and regional transportation, sewer and water, and recreational
16.7systems; and
16.8(5) protect and preserve the biological and ecological functions of the Mississippi
16.9River and its corridor.
16.10~~The results of an environmental impact statement prepared under chapter 116D~~
16.11~~begun before and completed after July 1, 1994, for a proposed project that is located in~~
16.12~~the Mississippi River critical area north of the United States Army Corps of Engineers~~
16.13~~Lock and Dam Number One must be submitted in a report to the chairs of the environment~~
16.14~~and natural resources policy and finance committees of the house of representatives~~
16.15~~and the senate prior to the issuance of any state or local permits and the authorization~~
16.16~~for an issuance of any bonds for the project. A report made under this paragraph shall~~
16.17~~be submitted by the responsible governmental unit that prepared the environmental~~
16.18~~impact statement, and must list alternatives to the project that are determined by the~~
16.19~~environmental impact statement to be economically less expensive and environmentally~~
16.20~~superior to the proposed project and identify any legislative actions that may assist in the~~
16.21~~implementation of environmentally superior alternatives. This paragraph does not apply~~
16.22~~to a proposed project to be carried out by the Metropolitan Council or a metropolitan~~
16.23~~agency as defined in section~~ ~~473.121~~.
16.24~~(b) If the results of an environmental impact statement required to be submitted by~~
16.25~~paragraph (a) indicate that there is an economically less expensive and environmentally~~
16.26~~superior alternative, then no member agency of the Environmental Quality Board shall~~
16.27~~issue a permit for the facility that is the subject of the environmental impact statement,~~
16.28~~other than an economically less expensive and environmentally superior alternative,~~
16.29~~nor shall any government bonds be issued for the facility, other than an economically~~
16.30~~less expensive and environmentally superior alternative, until after the legislature has~~
16.31~~adjourned its regular session sine die in 1996.~~
16.32    Subd. 2. Administration; rules. (a) The commissioner of natural resources may
16.33adopt such rules pursuant to chapter 14 as are necessary for the administration of the
16.34Mississippi River corridor critical area program. Duties of the Environmental Quality
16.35Council or the Environmental Quality Board referenced in this chapter and related rules
16.36and in the governor's executive order number 79-19, published in the State Register on
17.1March 12, 1979, related to the Mississippi River corridor critical area shall be the duties of
17.2the commissioner. All rules adopted by the board pursuant to these duties remain in effect
17.3and shall be enforced until amended or repealed by the commissioner in accordance with
17.4law. The commissioner shall work in consultation with the United States Army Corps
17.5of Engineers, the National Park Service, the Metropolitan Council, other agencies, local
17.6units of government, and other interested parties to ensure that the Mississippi River
17.7corridor critical area is managed in a way that:
17.8(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
17.9and historic resources and functions of the river corridor;
17.10(2) maintains the river channel for transportation by providing and maintaining
17.11barging and fleeting areas in appropriate locations consistent with the character of the
17.12Mississippi River and riverfront;
17.13(3) provides for the continuation and development of a variety of urban uses,
17.14including industrial and commercial uses, and residential uses, where appropriate, within
17.15the Mississippi River and its corridor;
17.16(4) utilizes certain reaches of the river as a source of water supply and for receiving
17.17wastewater effluents and discharges that meet all applicable standards; and
17.18(5) protects and preserves the biological and ecological functions of the Mississippi
17.19River and its corridor.
17.20(b) The Metropolitan Council shall incorporate the standards developed under
17.21this section into its planning and shall work with local units of government and the
17.22commissioner to ensure the standards are being adopted and implemented appropriately.
17.23    Subd. 3. Districts. The commissioner shall establish districts within the Mississippi
17.24River corridor critical area. The commissioner must seek to minimize the number of
17.25districts within any one municipality and take into account existing ordinances. The
17.26commissioner shall consider the following when establishing the districts:
17.27(1) the protection of the major features of the river in existence as of March 12, 1979;
17.28(2) the protection of improvements such as parks, trails, natural areas, recreational
17.29areas, and interpretive centers;
17.30(3) the use of the Mississippi River as a source of drinking water;
17.31(4) the protection of resources identified in the Mississippi National River and
17.32Recreation Area Comprehensive Management Plan;
17.33(5) the protection of resources identified in comprehensive plans developed by
17.34counties, cities, and towns within the Mississippi River corridor critical area;
18.1(6) the intent of the Mississippi River corridor critical area land use districts from
18.2the governor's executive order number 79-19, published in the State Register on March
18.312, 1979; and
18.4(7) identified scenic, geologic, and ecological resources.
18.5    Subd. 4. Standards. (a) The commissioner shall establish minimum guidelines and
18.6standards for the districts established in subdivision 3. The guidelines and standards
18.7for each district shall include the intent of each district, key resources and features to
18.8be protected or enhanced based upon paragraph (b), permitted uses, and dimensional
18.9and performance standards for development. The commissioner must take into account
18.10existing ordinances when developing the guidelines and standards under this section. The
18.11commissioner may provide certain exceptions and criteria for standards, including, but
18.12not limited to, exceptions for river access facilities, water supply facilities, storm water
18.13facilities, wastewater treatment facilities, and hydropower facilities.
18.14(b) The guidelines and standards must protect or enhance the following key
18.15resources and features:
18.16(1) floodplains;
18.17(2) wetlands;
18.18(3) gorges;
18.19(4) areas of confluence with key tributaries;
18.20(5) natural drainage routes;
18.21(6) shorelines and riverbanks;
18.22(7) bluffs;
18.23(8) steep slopes and very steep slopes;
18.24(9) unstable soils and bedrock;
18.25(10) significant existing vegetative stands, tree canopies, and native plant
18.26communities;
18.27(11) scenic views and vistas;
18.28(12) publicly owned parks, trails, and open spaces;
18.29(13) cultural and historic sites and structures; and
18.30(14) water quality.
18.31(c) The commissioner shall establish a map to define bluffs and bluff-related features
18.32within the Mississippi River corridor critical area. At the outset of the rulemaking process,
18.33the commissioner shall create a preliminary map of all the bluffs and bluff lines within
18.34the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
18.35rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
18.36commissioner may add to or remove areas of demonstrably unique or atypical conditions
19.1that warrant special protection or exemption. At the end of the rulemaking process, the
19.2commissioner shall adopt a final bluff map that contains associated features, including
19.3bluff lines, bases of bluffs, steep slopes, and very steep slopes.
19.4(d) The following guidelines shall be used by the commissioner to create a
19.5preliminary bluff map as part of the rulemaking process:
19.6(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
19.7bluff is a high, steep, natural topographic feature such as a broad hill, cliff, or embankment
19.8with a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
19.9base and the bluff line;
19.10(2) "bluff line" means a line delineating the top of a slope connecting the points
19.11at which the slope becomes less than 18 percent. More than one bluff line may be
19.12encountered proceeding upslope from the river valley;
19.13(3) "bluff base" means a line delineating the bottom of a slope connecting the points
19.14at which the slope becomes 18 percent or greater. More than one bluff base may be
19.15encountered proceeding landward from the water;
19.16(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
19.17topographic features with an average slope of 12 to 18 percent measured over a horizontal
19.18distance of 50 feet or more; and
19.19(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
19.20natural topographic features with an average slope of 18 percent or greater, measured over
19.21a horizontal distance of 50 feet or more.
19.22    Subd. 5. Application. The standards established under this section shall be used:
19.23(1) by local units of government when preparing or updating plans or modifying
19.24regulations;
19.25(2) by state and regional agencies for permit regulation and in developing plans
19.26within their jurisdiction;
19.27(3) by the Metropolitan Council for reviewing plans, regulations, and development
19.28permit applications; and
19.29(4) by the commissioner when approving plans, regulations, and development
19.30permit applications.
19.31    Subd. 6. Notification; fees. (a) A local unit of government or a regional or state
19.32agency shall notify the commissioner of natural resources of all developments in the
19.33corridor that require discretionary actions under their rules at least ten days before taking
19.34final action on the application. A local unit of government or agency failing to notify the
19.35commissioner at least ten days before taking final action shall submit a late fee of $50
19.36to the commissioner. The commissioner may establish exemptions from the notification
20.1requirement for certain types of applications. For purposes of this section, a discretionary
20.2action includes all actions that require a public hearing, including variances, conditional
20.3use permits, and zoning amendments.
20.4(b) The commissioner shall recover costs of reviewing information submitted under
20.5paragraph (a). Amounts collected under this paragraph must be credited to an account in
20.6the natural resources fund and are appropriated to the commissioner.
20.7    Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
20.8section. By January 15, 2010, the commissioner shall begin the rulemaking required
20.9by this section under chapter 14. Until the rules required under this section take effect,
20.10the commissioner shall administer the Mississippi River corridor critical area program
20.11in accordance with the governor's executive order number 79-19, published in the State
20.12Register on March 12, 1979.

20.13    Sec. 15. ENDOCRINE DISRUPTOR MONITORING.
20.14(a) The commissioner of the Pollution Control Agency shall establish a network of
20.15water monitoring sites in public waters adjacent to wastewater treatment facilities across
20.16the state to assess levels of endocrine disrupting compounds, antibiotic compounds, and
20.17pharmaceuticals.
20.18(b) Each of the monitoring sites must provide enhanced monitoring of the effluent
20.19at the discharge point of the wastewater treatment facility and monitoring of the public
20.20waters above and below the discharge point.
20.21(c) The monitoring sites must be located throughout the state, represent a variety of
20.22wastewater treatment facility sizes based on the number of gallons of water discharged per
20.23day, and represent a variety of waste treatment systems used for primary, secondary, and
20.24tertiary disinfecting treatment and management of biosolids.
20.25(d) In establishing the monitoring network, the commissioner of the Pollution
20.26Control Agency must consult with the commissioners of health and natural resources, the
20.27United States Geological Survey, the Metropolitan Council, local wastewater treatment
20.28facility operators, and the Water Resources Center at the University of Minnesota.
20.29Consideration may be given to monitoring sites at facilities identified as part of a total
20.30maximum daily load study and facilities located on a water body identified for enhanced
20.31protection. The initial monitoring network must include at least ten sites.
20.32(e) Monitoring must include, but is not limited to endocrine disrupting compounds
20.33from natural and synthetic hormones, pharmaceuticals, personal care products, and a
20.34range of industrial products and by-products. At a minimum, concentrations of estrone,
20.35nonylphenol, bisphenol-A, 17-beta-estradiol, 17-alpha-ethynylestradiol, estriol and
21.1antibacterial triclosan must be monitored. Additional compounds, antibacterial compounds
21.2and pharmaceuticals potentially impacting human health and aquatic communities may be
21.3considered for identification and monitoring including, but is not limited to nonylphenol
21.4ethoxylates, octylphenol and octylphenol ethoxylates; the hormones androstenedione,
21.5trenbelone and diethylphthalate; antidepressant medications, including fluoxetine and
21.6fluvoxamine; carbamazepine; and triclocarban.
21.7(f) The commissioner of the Pollution Control Agency shall begin the monitoring
21.8and testing required under this section no later than November 1, 2009. Information
21.9about requirements under this section and the results from the monitoring and testing
21.10must be available on the agency's Web site by June 1, 2010. The commissioner shall
21.11submit a preliminary report on the results of the monitoring and testing to the chairs of the
21.12legislative committees with jurisdiction over environment and natural resources policy
21.13and finance by April 15, 2010, and a final report no later than January 15, 2011.

21.14    Sec. 16. COAL TAR; NOTIFICATION, INVENTORY, AND BEST
21.15MANAGEMENT PRACTICES.
21.16(a) By January 15, 2010, the commissioner of the Pollution Control Agency shall
21.17notify state agencies and local units of government of the potential for contamination of
21.18constructed storm water ponds and wetlands or natural ponds used for the collection
21.19of storm water via constructed conveyances with polycyclic aromatic hydrocarbons
21.20from the use of coal tar sealant products. For the purpose of this section, a storm water
21.21pond is a treatment pond constructed and operated for water quality treatment, storm
21.22water detention, and flood control. Storm water ponds do not include areas of temporary
21.23ponding, such as ponds that exist only during a construction project or short-term
21.24accumulations of water in road ditches.
21.25(b) By January 15, 2010, the commissioner of the Pollution Control Agency shall
21.26establish a schedule and information requirements for state agencies and local units of
21.27government regulated under a national pollutant discharge elimination system/state
21.28disposal system permit for municipal separate storm sewer systems to report to the
21.29commissioner of the Pollution Control Agency on all storm water ponds and other waters
21.30defined in paragraph (a) located within their jurisdiction.
21.31(c) The commissioner of the Pollution Control Agency shall develop best
21.32management practices for state agencies and local units of government regulated under a
21.33national pollutant discharge elimination system/state disposal system permit for municipal
21.34separate storm sewer systems treating or cleaning up contaminated sediments in storm
21.35water ponds and other waters defined under paragraph (a) and make the best management
22.1practices available on the agency's Web site. As part of the development of the best
22.2management practices, the commissioner shall:
22.3(1) sample a set of storm water pond sediments in residential, commercial, and
22.4industrial areas for polycyclic aromatic hydrocarbons and other contaminants of potential
22.5concern;
22.6(2) investigate the feasibility of screening methods to provide more cost-effective
22.7analytical results and to identify which kinds of ponds are likely to have the highest
22.8concentrations of polycyclic aromatic hydrocarbons; and
22.9(3) develop guidance on testing, treatment, removal, and disposal of polycyclic
22.10aromatic hydrocarbon contaminated sediments.
22.11(d) The commissioner of the Pollution Control Agency shall incorporate the
22.12requirements for inventory and best management practices specified in paragraphs (b)
22.13and (c) into the next permitting cycle for the national pollutant discharge elimination
22.14system/state disposal system permit for municipal separate storm sewer systems."
22.15Delete the title and insert:

22.16"A bill for an act

22.17relating to natural resources; appropriating money from the clean water fund;
22.18establishing purposes for the clean water fund; making wellhead protection areas
22.19eligible for the reinvest in Minnesota reserve program; prohibiting the use of coal
22.20tar; modifying the Critical Areas Act of 1973; requiring rulemaking;amending
22.21Minnesota Statutes 2008, sections 103F.515, subdivisions 2, 4; 114D.50;
22.22116G.15; proposing coding for new law in Minnesota Statutes, chapter 116."