.................... moves to amend H.F. No. 656 as follows:
Delete everything after the enacting clause and insert:
1.4The 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, and are available for the fiscal years indicated for allowable activities under
1.7the Minnesota Constitution, article XI, section 15. The figures "2012" and "2013" used
1.8in this act mean that the appropriation listed under them are available for the fiscal year
1.9ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
1.10"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013.
1.11The appropriations in this act are onetime.
|"Section 1. CLEAN WATER FUND APPROPRIATIONS.
||Available for the Year
||Ending June 30
1.17(a) $350,000 the first year and $350,000 the
1.18second year are to increase monitoring for
1.19pesticides and pesticide degradates in surface
1.20water and groundwater and to use data
1.21collected to assess pesticide use practices.
1.22(b) $850,000 the first year and $850,000
1.23the second year are to increase monitoring
1.24and evaluate trends in the concentration of
1.25nitrates in groundwater in high-risk areas
1.26and regionally and to promote and evaluate
2.1regional and crop-specific nutrient best
2.2management practices. This appropriation is
2.3available until spent.
2.4(c) $5,000,000 the first year and $5,000,000
2.5the second year are for the agriculture best
2.6management practices loan program. At
2.7least $4,000,000 the first year and at least
2.8$4,400,000 the second year are for transfer to
2.9the clean water agricultural best management
2.10practices loan account and are available
2.11for pass-through to local governments
2.12and lenders for low-interest loans. Any
2.13unencumbered balance that is not used for
2.14pass-through to local governments does not
2.15cancel at the end of the first year and is
2.16available for the second year.
2.17(d) $700,000 the first year and $700,000
2.18the second year are for research, pilot
2.19projects, and technical assistance on proper
2.20implementation of best management
2.21practices and more precise information on
2.22nonpoint contributions to impaired waters.
2.23This appropriation is available until spent.
2.24(e) $1,050,000 the first year and $1,050,000
2.25the second year are for research to quantify
2.26agricultural contributions to impaired waters
2.27and for development and evaluation of
2.28best management practices to protect and
2.29restore water resources while maintaining
2.30productivity. This appropriation is available
2.32(f) $250,000 the first year and $250,000 the
2.33second year are for a research inventory
2.34database containing water-related research
2.35activities that have been publicly funded.
|Sec. 2. DEPARTMENT OF AGRICULTURE
3.2(a) $11,185,000 the first year and
3.3$11,185,000 the second year are for the total
3.4maximum daily load grant program under
3.5Minnesota Statutes, section 446A.073. This
3.6appropriation is available until spent.
3.7(b) $4,275,000 the first year and $4,275,000
3.8the second year are for the clean water legacy
3.9phosphorus reduction grant program under
3.10Minnesota Statutes, section 446A.074. This
3.11appropriation is available until spent.
3.12(c) $1,250,000 the first year and $1,250,000
3.13the second year are for small community
3.14wastewater treatment grants and loans under
3.15Minnesota Statutes, section 446A.075. This
3.16appropriation is available until spent.
3.17(d) If there are any uncommitted funds at the
3.18end of each fiscal year under paragraph (a),
3.19(b), or (c), the Public Facilities Authority
3.20shall award the remaining funds to eligible
3.21projects under any of the programs based on
3.22their priority rank on the Pollution Control
3.23Agency's project priority list.
|Sec. 3. PUBLIC FACILITIES AUTHORITY
3.25(a) $7,500,000 the first year and $7,500,000
3.26the second year are for completion of 20
3.27percent of the needed statewide assessments
3.28of surface water quality and trends. Of
3.29this amount, $100,000 the first year and
3.30$100,000 the second year are for grants
3.31to the Red River Watershed Management
3.32Board to enhance and expand the existing
3.33water quality and watershed monitoring river
4.1watch activities in the schools in the Red
4.2River of the North. The Red River Watershed
4.3Management Board shall provide a report to
4.4the commissioner of the Pollution Control
4.5Agency and the legislative committees and
4.6divisions with jurisdiction over environment
4.7and natural resources finance and policy and
4.8the clean water fund by February 15, 2013,
4.9on the expenditure of these funds.
4.10(b) $9,400,000 the first year and $9,400,000
4.11the second year are to develop total maximum
4.12daily load (TMDL) studies and TMDL
4.13implementation plans for waters listed on
4.14the United States Environmental Protection
4.15Agency approved impaired waters list in
4.16accordance with Minnesota Statutes, chapter
4.17114D. The agency shall complete an average
4.18of ten percent of the TMDL's each year over
4.20(c) $1,125,000 the first year and $1,125,000
4.21the second year are for groundwater
4.22assessment, including enhancing the
4.23ambient monitoring network, modeling,
4.24and continuing to monitor for and assess
4.25contaminants of emerging concern.
4.26(d) $750,000 the first year and $750,000
4.27the second year are for a water quality
4.28improvement project in the lower St. Louis
4.29River and Duluth harbor. This appropriation
4.30must be matched by a rate of 65 percent
4.31nonstate funds to 35 percent state funds.
4.32(e) $1,250,000 the first year and $1,250,000
4.33the second year are for the clean water
4.34partnership program to provide grants
4.35to protect and improve the basins and
5.1watersheds of the state and provide financial
5.2and technical assistance to study waters
5.3with nonpoint source pollution problems.
5.4Priority shall be given to projects preventing
5.5impairments and degradation of lakes, rivers,
5.6streams, and groundwater in accordance
5.7with Minnesota Statutes, section 114D.20,
5.8subdivision 2, clause (4). Any balance
5.9remaining in the first year does not cancel
5.10and is available for the second year.
5.11(f) $400,000 the first year and $400,000 the
5.12second year are for storm water research and
5.14(g) $1,250,000 the first year and $1,250,000
5.15the second year are for TMDL research and
5.17(h) $800,000 the first year and $800,000
5.18the second year are for national pollutant
5.19discharge elimination system wastewater and
5.20storm water TMDL implementation efforts.
5.21(i) $225,000 the first year and $225,000
5.22the second year are transferred to the
5.23commissioner of administration for the
5.24Environmental Quality Board in cooperation
5.25with the United States Geological Survey
5.26to characterize groundwater flow and
5.27aquifer properties in the I-94 corridor in
5.28cooperation with local units of government.
5.29This appropriation is available until June 30,
5.31(j) $500,000 the first year is for a wild rice
5.33Notwithstanding Minnesota Statutes, section
5.3416A.28, the appropriations encumbered on or
6.1before June 30, 2013, as grants or contracts in
6.2this section are available until June 30, 2016.
|Sec. 4. POLLUTION CONTROL AGENCY
6.5(a) $1,825,000 the first year and $1,825,000
6.6the second year are for the continuation and
6.7expansion of stream flow monitoring.
6.8(b) $1,150,000 the first year and $1,150,000
6.9the second year are for lake Index of
6.10Biological Integrity (IBI) assessments,
6.11including assessment of 400 additional lakes
6.12and technical analysis to develop an aquatic
6.13plant IBI analysis. The commissioner shall
6.14work with the commissioner of the Pollution
6.15Control Agency on the development of an
6.17(c) $130,000 the first year and $130,000
6.18the second year are for assessing mercury
6.19contamination of fish, including monitoring
6.20to track the status of waters impaired by
6.21mercury and mercury reduction efforts over
6.23(d) $1,730,000 the first year and $1,730,000
6.24the second year are for TMDL development
6.25and TMDL implementation plans for waters
6.26listed on the United States Environmental
6.27Protection Agency approved impaired waters
6.28list in accordance with Minnesota Statutes,
6.29chapter 114D, and for development of a
6.30watershed assessment tool.
6.31(e) $1,500,000 the first year and $1,500,000
6.32the second year are for water supply
6.33planning, aquifer protection, and monitoring
7.1(f) $450,000 the first year and $450,000 the
7.2second year are for establishing a Web-based
7.3electronic permitting system to capture water
7.4appropriation use information.
7.5(g) $1,725,000 the first year and $1,725,000
7.6the second year are for shoreland
7.7stewardship, TMDL implementation
7.8coordination, providing technical assistance
7.9to the Drainage Work Group and Drainage
7.10Management Team, and maintaining and
7.11updating data. Of this amount, $235,000
7.12each year is for maintaining and updating
7.13watershed boundaries and integrating
7.14high-resolution digital elevation data with
7.15watershed modeling and $40,000 each year
7.16is for a biomonitoring database. TMDL
7.17implementation coordination efforts shall be
7.18focused on major watersheds with TMDL
7.19implementation plans, including forested
7.21(h) $1,350,000 the first year and $1,350,000
7.22the second year are to acquire and distribute
7.23high-resolution digital elevation data using
7.24light detection and ranging to aid with
7.25impaired waters modeling and TMDL
7.26implementation under Minnesota Statutes,
7.27chapter 114D. The money shall be used to
7.28collect data for areas of the state that have not
7.29acquired such data prior to January 1, 2007,
7.30or to complete acquisition and distribution
7.31of the data for those areas of the state that
7.32have not previously received state funds for
7.33acquiring and distributing the data. Mapping
7.34and data set distribution under this paragraph
7.35must be completed within three years of
7.36funds availability. The commissioner shall
8.1utilize department staff whenever possible.
8.2The commissioner may contract for services
8.3only if the services cannot otherwise be
8.4provided by the department.
8.5(i) $300,000 the first year and $300,000
8.6the second year are for delivery of decision
8.7support tools through outreach, education,
8.8and citizen engagement.
8.9(j) $1,000,000 the first year is for
8.10implementation of the metropolitan
8.11groundwater monitoring and protection
8.12activities under Minnesota Laws 2010,
8.13chapter 361, article 2, section 4, subdivision
|Sec. 5. DEPARTMENT OF NATURAL
8.17(a) $13,750,000 the first year and
8.18$13,750,000 the second year are for
8.19pollution reduction and restoration grants
8.20to local government units and joint powers
8.21organizations of local government units to
8.22protect surface water and drinking water; to
8.23keep water on the land; to protect, enhance,
8.24and restore water quality in lakes, rivers,
8.25and streams; and to protect groundwater
8.26and drinking water, including feedlot water
8.27quality and subsurface sewage treatment
8.28system (SSTS) projects and stream bank,
8.29stream channel, and shoreline restoration
8.30projects. The projects must be of long-lasting
8.31public benefit, include a match, and be
8.32consistent with TMDL implementation plans
8.33or local water management plans.
9.1(b) $3,000,000 the first year and $3,000,000
9.2the second year are for targeted local
9.3resource protection and enhancement grants.
9.4The board shall give priority consideration
9.5to projects and practices that complement,
9.6supplement, or exceed current state standards
9.7for protection, enhancement, and restoration
9.8of water quality in lakes, rivers, and streams
9.9or that protect groundwater from degradation.
9.10Of this amount, at least $1,500,000 each year
9.11is for SSTS project implementation.
9.12(c) $900,000 the first year and $900,000 the
9.13second year are to provide state oversight
9.14and accountability, evaluate results, and
9.15measure the value of conservation program
9.16implementation by local governments,
9.17including submission to the legislature
9.18by March 1 each year an annual report
9.19prepared by the board, in consultation with
9.20the commissioners of natural resources,
9.21health, agriculture, and the Pollution Control
9.22Agency, detailing the recipients and projects
9.23funded under this section. The board shall
9.24require grantees to specify the outcomes that
9.25will be achieved by the grants prior to any
9.27(d) $1,000,000 the first year and $1,000,000
9.28the second year are for technical assistance
9.29and grants for the conservation drainage
9.30program in consultation with the Drainage
9.31Work Group that consists of projects to
9.32retrofit existing drainage systems with
9.33water quality improvement practices,
9.34evaluate outcomes, and provide outreach
9.35to landowners, public drainage authorities,
10.1drainage engineers and contractors, and
10.3(e) $6,000,000 the first year and $6,000,000
10.4the second year are to purchase and restore
10.5permanent conservation easements on
10.6riparian buffers adjacent to public waters,
10.7excluding wetlands, to keep water on the
10.8land in order to decrease sediment, pollutant,
10.9and nutrient transport; reduce hydrologic
10.10impacts to surface waters; and increase
10.11infiltration for groundwater recharge. The
10.12riparian buffers must be at least 50 feet
10.13unless there is a natural impediment, a road,
10.14or other impediment beyond the control
10.15of the landowner. This appropriation may
10.16be used for restoration of riparian buffers
10.17protected by easements purchased with
10.18this appropriation and for stream bank
10.19restorations when the riparian buffers have
10.21(f) $1,000,000 the first year and $1,000,000
10.22the second year are for permanent
10.23conservation easements on wellhead
10.24protection areas under Minnesota Statutes,
10.25section 103F.515, subdivision 2, paragraph
10.26(d). Priority must be placed on land that
10.27is located where the vulnerability of the
10.28drinking water supply is designated as high
10.29or very high by the commissioner of health.
10.30(g) $1,500,000 the first year and $1,500,000
10.31the second year are for community partners
10.32grants to local units of government for:
10.33(1) structural or vegetative management
10.34practices that reduce storm water runoff
10.35from developed or disturbed lands to reduce
11.1the movement of sediment, nutrients, and
11.2pollutants for restoration, protection, or
11.3enhancement of water quality in lakes, rivers,
11.4and streams and to protect groundwater
11.5and drinking water; and (2) installation
11.6of proven and effective water retention
11.7practices including, but not limited to, rain
11.8gardens and other vegetated infiltration
11.9basins and sediment control basins in order
11.10to keep water on the land. The projects
11.11must be of long-lasting public benefit,
11.12include a local match, and be consistent with
11.13TMDL implementation plans or local water
11.14management plans. Local government unit
11.15staff and administration costs may be used
11.16as a match.
11.17(h) $42,000 the first year and $42,000 the
11.18second year are for a technical assistance
11.19panel to conduct up to ten restoration audits
11.20under Minnesota Statutes, section 114D.50,
11.22The board shall contract for services
11.23with Conservation Corps Minnesota for
11.24restoration, maintenance, and other activities
11.25under this section for $500,000 the first year
11.26and $500,000 the second year.
11.27The board shall incorporate efforts to enhance
11.28local capacity to engage the public during
11.29restoration, protection, and implementation
11.30projects and activities through the board's
11.31programs and projects funded under this
11.33The board may shift grant or cost-share funds
11.34in this section and may adjust the technical
11.35and administrative assistance portion of the
12.1funds to leverage federal or other nonstate
12.2funds or to address oversight responsibilities
12.3or high-priority needs identified in local
12.4water management plans.
12.5The appropriations in this section are
12.6available until June 30, 2014.
|Sec. 6. BOARD OF WATER AND SOIL
12.8(a) $1,020,000 the first year and $1,020,000
12.9the second year are for addressing public
12.10health concerns related to contaminants
12.11found in Minnesota drinking water for which
12.12no health-based drinking water standard
12.14(b) $1,415,000 the first year and $1,415,000
12.15the second year are for protection of drinking
12.17(c) $250,000 the first year and $250,000 the
12.18second year are for cost-share assistance to
12.19public and private well owners for up to 50
12.20percent of the cost of sealing unused wells.
12.21(d) $303,000 the first year and $365,000 the
12.22second year are to expand the county well
|Sec. 7. DEPARTMENT OF HEALTH
12.25$500,000 the first year and $500,000 the
12.26second year are for implementation of the
12.27master water supply plan developed under
12.28Minnesota Statutes, section 473.1565.
|Sec. 8. METROPOLITAN COUNCIL
12.30$11,000 the first year is for the Legislative
12.31Coordinating Commission for the costs of
13.1developing and implementing a Web site to
13.2contain information on projects receiving
13.3appropriations from the clean water fund and
13.4other constitutionally dedicated funds.
|Sec. 9. LEGISLATURE
Sec. 10. Minnesota Statutes 2010, section 114D.10, is amended to read:
13.6114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
Subdivision 1. Purpose.
The purpose of the Clean Water Legacy Act is to protect,
, and preserve the water
of Minnesota's surface waters in
13.9lakes, rivers, and streams and to protect groundwater from degradation,
authority, direction, and resources to achieve and maintain water quality standards for
as, including the standards
required by section 303(d)
of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other
applicable state and
Subd. 2. Findings.
The legislature finds that:
(1) there is a close link between protecting, enhancing, and
, and preserving
the quality of Minnesota's groundwater and
surface waters and the ability to develop the
state's economy, enhance its quality of life, and protect its human and natural resources;
(2) achieving the state's water quality goals will require long-term commitment and
cooperation by all state and local agencies, and other public and private organizations
and individuals, with responsibility and authority for water management, planning, and
(3) all persons and organizations whose activities affect the quality of waters,
including point and nonpoint sources of pollution, have a responsibility to participate in
and support efforts to achieve the state's water quality goals.
Sec. 11. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:
Subdivision 1. Coordination and cooperation.
In implementing this chapter,
public agencies and private entities shall take into consideration the relevant provisions of
local and other applicable water management, conservation, land use, land management,
and development plans and programs. Public agencies with authority for local water
management, conservation, land use, land management, and development plans shall
take into consideration the manner in which their plans affect the implementation of
this chapter. Public agencies shall identify opportunities to participate and assist in the
successful implementation of this chapter, including the funding or technical assistance
needs, if any, that may be necessary. In implementing this chapter, public agencies shall
endeavor to engage the cooperation of organizations and individuals whose activities
affect the quality of groundwater or
surface waters, including point and nonpoint sources
of pollution, and who have authority and responsibility for water management, planning,
and protection. To the extent practicable, public agencies shall endeavor to enter into
formal and informal agreements and arrangements with federal agencies and departments
to jointly utilize staff and educational, technical, and financial resources to deliver
programs or conduct activities to achieve the intent of this chapter, including efforts
under the federal Clean Water Act and other federal farm and soil and water conservation
programs. Nothing in this chapter affects the application of silvicultural exemptions under
any federal, state, or local law or requires silvicultural practices more stringent than those
recommended in the timber harvesting and forest management guidelines adopted by the
Minnesota Forest Resources Council under section
Sec. 12. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
Subd. 2. Goals for implementation.
The following goals must guide the
implementation of this chapter:
(1) to identify impaired waters in accordance with federal TMDL requirements
within ten years after the effective date of this section and thereafter to ensure continuing
evaluation of surface waters for impairments;
(2) to submit TMDL's to the United States Environmental Protection Agency for all
impaired waters in a timely manner in accordance with federal TMDL requirements;
(3) to set a reasonable time for implementing restoration of each identified impaired
(4) to provide assistance and incentives 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;
(5) to promptly seek the delisting of waters from the impaired waters list when those
waters are shown to achieve the designated uses applicable to the waters;
(6) to achieve compliance with federal Clean Water Act requirements in Minnesota
14.29(7) to support effective measures to prevent the degradation of groundwater
14.30according to the groundwater degradation prevention goal under section 103H.001; and
14.31(8) to support effective measures to restore degraded groundwater.
Sec. 13. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:
Subd. 3. Implementation policies.
The following policies must guide the
implementation of this chapter:
(1) develop regional and watershed TMDL's and TMDL implementation plans, and
TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
(2) maximize use of available organizational, technical, and financial resources to
perform sampling, monitoring, and other activities to identify degraded groundwater and
impaired waters, including use of citizen monitoring and citizen monitoring data used
by the Pollution Control Agency in assessing water quality
must meet that meets
requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
Pollution Control Agency (2003);
(3) maximize opportunities for restoration of degraded groundwater and
waters, by prioritizing and targeting of available programmatic, financial, and technical
resources and by providing additional state resources to complement and leverage
(4) use existing regulatory authorities to achieve restoration for point and nonpoint
sources of pollution where applicable, and promote the development and use of effective
nonregulatory measures to address pollution sources for which regulations are not
(5) use restoration methods that have a demonstrated effectiveness in reducing
impairments and provide the greatest long-term positive impact on water quality protection
and improvement and related conservation benefits while incorporating innovative
approaches on a case-by-case basis;
(6) identify for the legislature any innovative approaches that may strengthen or
complement existing programs;
(7) identify and encourage implementation of measures to prevent surface
from becoming impaired and to improve the quality of waters that are listed as impaired
but have no approved TMDL addressing the impairment using the best available data and
technology, and establish and report outcome-based performance measures that monitor
the progress and effectiveness of protection and restoration measures;
(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
amount up to 150 percent of the financial assistance received for failure to comply
15.31(9) identify and encourage implementation of measures to prevent groundwater from
15.32becoming degraded and measures that restore groundwater resources.
Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:
Subd. 6. Priorities for restoration of impaired waters.
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
legacy account fund
to restoration projects that:
(1) coordinate with and utilize existing local authorities and infrastructure for
(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
Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:
Subd. 7. Priorities for funding prevention actions.
The Clean Water Council
shall apply the priorities applicable under subdivision 6, as far as practicable, when
recommending priorities for funding actions to prevent groundwater and surface
from becoming degraded or
impaired and to improve the quality of surface
waters that are
listed as impaired but do not have an approved TMDL.
Sec. 16. Minnesota Statutes 2010, section 114D.30, is amended to read:
16.20114D.30 CLEAN WATER COUNCIL.
Subdivision 1. Creation; duties.
A Clean Water Council is created to advise on the
administration and implementation of this chapter, and foster coordination and cooperation
as described in section
114D.20, subdivision 1
. The council may also advise on the
development of appropriate processes for expert scientific review as described in section
, subdivision 2. The Pollution Control Agency shall provide administrative
support for the council with the support of other member agencies. The members of the
council shall elect a chair from the
members of the council.
Subd. 2. Membership; appointment. (a)
The commissioners of natural resources,
and the Pollution Control Agency, and the executive director of the
Board of Water and Soil Resources shall each
appoint one person from their respective
agency to serve as a nonvoting
member of the council.
Agency members serve as
16.32 nonvoting members of the council. Two members of the house of representatives,
16.33including one member from the majority party and one member from the minority party,
16.34appointed by the speaker and two senators, including one member from the majority
17.1party and one member from the minority party, appointed according to the rules of the
17.2senate shall serve at the pleasure of the appointing authority as nonvoting members of
17.3the council. Agency and legislative members appointed under this paragraph serve as
17.4nonvoting members of the council.
additional nonagency voting
members of the council shall be appointed
by the governor as follows:
(1) two members representing statewide farm organizations;
(2) two members representing business organizations;
(3) two members representing environmental organizations;
(4) one member representing soil and water conservation districts;
(5) one member representing watershed districts;
(6) one member representing nonprofit organizations focused on improvement of
Minnesota lakes or streams;
(7) two members representing organizations of county governments, one member
representing the interests of rural counties and one member representing the interests of
counties in the seven-county metropolitan area;
(8) two members representing organizations of city governments;
(9) one member representing the Metropolitan Council established under section
(10) one member representing
(11) one member representing the interests of tribal governments;
(12) one member representing statewide hunting organizations;
(13) one member representing the University of Minnesota or a Minnesota state
(14) one member representing statewide fishing organizations.
Members appointed under
clauses (1) to (14) this paragraph
must not be registered
lobbyists or legislators
. In making appointments, the governor must attempt to provide for
geographic balance. The members of the council appointed by the governor are subject
to the advice and consent of the senate.
Subd. 3. Conflict of interest.
A Clean Water Council member may not participate
in or vote on a decision of the council relating to an organization in which the member has
either a direct or indirect personal financial interest. While serving on the Clean Water
Council, a member shall avoid any potential conflict of interest.
Subd. 4. Terms; compensation; removal.
The initial terms of members
17.35 representing state agencies and the Metropolitan Council expire on the first Monday in
17.36 January 2007. Thereafter,
The terms of members representing the state agencies and the
Metropolitan Council are four years and are coterminous with the governor. The terms
of other nonlegislative
members of the council shall be as provided in section
subdivision 2. Members may serve until their successors are appointed and qualify.
Compensation and removal of nonlegislative
council members is as provided in section
, subdivisions 3 and 4. Compensation of legislative members is as determined
18.6by the appointing authority.
A vacancy on the council may be filled by the appointing
authority provided in subdivision 1 for the remainder of the unexpired term.
Subd. 5. Implementation plan.
The Clean Water Council shall recommend a plan
for implementation of this chapter and the provisions of article XI, section 15, of the
18.10Minnesota Constitution relating to clean water
. The recommended plan shall address
general procedures and time frames for implementing this chapter, and shall include a more
specific implementation work plan for the next fiscal biennium and a framework for setting
priorities to address impaired waters consistent with section
, subdivisions 2 to 7.
The council shall issue
the first recommended plan under this subdivision by December 1,
18.15 2005, and shall issue
a revised plan by December 1 of each even-numbered year
Subd. 6. Recommendations on appropriation of funds. (a)
The Clean Water
Council shall recommend to the governor and the legislature
the manner in which
money from the clean water
legacy account fund
should be appropriated for the purposes
identified in section
114D.45 , subdivision 3 stated in article XI, section 15, of the
18.20Minnesota Constitution and section 114D.50
The council's recommendations must:
18.22(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and
18.23to protect groundwater from degradation and ensure that at least five percent of the clean
18.24water fund is spent only to protect drinking water sources;
be consistent with the purposes, policies, goals, and priorities in
18.26 114D.05 to
114D.35 , this chapter;
allocate adequate support and resources to identify degraded groundwater and
impaired waters, develop TMDL's, implement restoration of groundwater and
waters, and provide assistance and incentives to prevent groundwater and surface
from becoming degraded or
impaired and improve the quality of surface
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
legacy account fund
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
be appropriated by law.
Subd. 7. Biennial report to legislature.
By December 1 of each even-numbered
year, the council shall submit a report to the legislature on the activities for which money
has been or will be spent for the current biennium, the activities for which money is
recommended to be spent in the next biennium, and the impact on economic development
of the implementation of efforts to protect and restore groundwater and
the impaired waters
program. The report due on December 1, 2014, must include an evaluation of the progress
made through June 30, 2014, in implementing this chapter and the provisions of article XI,
19.8section 15, of the Minnesota Constitution relating to clean water
, the need for funding of
of those sections
, and recommendations for the sources of funding.
Sec. 17. Minnesota Statutes 2010, section 114D.35, is amended to read:
19.11114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
Subdivision 1. Public and stakeholder participation.
Public agencies and private
entities involved in the implementation of this chapter shall encourage participation by
the public and stakeholders, including local citizens, landowners and managers, and
public and private organizations, in
the identification of identifying
impaired waters, in
in planning, priority setting, and implementing restoration of
impaired waters, in identifying degraded groundwater, and in protecting and restoring
. In particular, the Pollution Control Agency shall make reasonable
efforts to provide timely information to the public and to stakeholders about impaired
waters that have been identified by the agency. The agency shall seek broad and early
public and stakeholder participation in scoping the activities necessary to develop a
TMDL, including the scientific models, methods, and approaches to be used in TMDL
development, and to implement restoration pursuant to section
, subdivision 7.
Subd. 2. Expert scientific advice.
The Clean Water Council and public agencies
and private entities shall make use of available public and private expertise from
educational, research, and technical organizations, including the University of Minnesota
and other higher education institutions, to provide appropriate independent expert advice
on models, methods, and approaches used in identifying degraded ground water and
impaired waters, developing TMDL's, and implementing prevention and restoration.
Subd. 3. Education.
The Clean Water Council shall develop strategies for
informing, educating, and encouraging the participation of citizens, stakeholders,
and others regarding the identification of impaired waters, development of TMDL's,
development of TMDL implementation plans,
implementation of restoration for
impaired waters, identification of degraded groundwater, and protection and restoration
20.1of groundwater resources
. Public agencies shall be responsible for implementing the
Sec. 18. CIVIC ENGAGEMENT AND PUBLIC EDUCATION.
20.4A recipient of funds appropriated in this act shall incorporate civic engagement and
20.5public education when implementing projects and programs funded under this act.
Sec. 19. AVAILABILITY OF APPROPRIATIONS.
20.7Money appropriated in this act may not be spent on activities unless they are directly
20.8related to and necessary for a specific appropriation.
Sec. 20. REPEALER.
20.10Minnesota Statutes 2010, section 114D.45, is repealed.
Delete the title and insert:
relating to water; appropriating money from the clean water fund; modifying the
Clean Water Legacy Act; revising membership and duties of the Clean Water
Council; providing appointments;amending Minnesota Statutes 2010, sections
114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; repealing
Minnesota Statutes 2010, section 114D.45."