Bill Text: MN HF613 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Board of Water and Soil Resources authority modified, local levy authority modified, disposition of funds modified, and soil loss ordinance provisions modified.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-03-05 - Referred by Chair to Property and Local Tax Division [HF613 Detail]
Download: Minnesota-2013-HF613-Engrossed.html
1.2relating to waters; modifying authority of Board of Water and Soil Resources;
1.3modifying local levy authority; modifying disposition of certain funds;
1.4modifying soil loss ordinance provisions; amending Minnesota Statutes 2012,
1.5sections 103B.101, by adding a subdivision; 103B.102, subdivision 3; 103B.335;
1.6103B.3369, subdivision 5; 103C.501, subdivision 4; 103F.405, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 103B.101, is amended by adding a
1.9subdivision to read:
1.10 Subd. 16. Water quality practices; standardized specifications. The
1.11board shall work with state and federal agencies, academic institutions, local
1.12governments, practitioners, and stakeholders to foster mutual understanding and provide
1.13recommendations for standardized specifications for water quality and soil conservation
1.14protection and improvement practices and projects. The board may convene working
1.15groups or work teams to develop information, education, and recommendations.
1.16 Sec. 2. Minnesota Statutes 2012, section 103B.102, subdivision 3, is amended to read:
1.17 Subd. 3. Evaluation and report. The Board of Water and Soil Resources shall
1.18evaluate performance, financial, and activity information for each local water management
1.19entity. The board shall evaluate the entities' progress in accomplishing their adopted plans
1.20on a regular basis as determined by the board based on budget and operations of the local
1.21water management entity, but not less than once everyfive ten years. The board shall
1.22maintain a summary of local water management entity performance on the board's Web site.
1.23Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
2.1of local water management entity performance to the chairs of the house of representatives
2.2and senate committees having jurisdiction over environment and natural resources policy.
2.3 Sec. 3. Minnesota Statutes 2012, section 103B.335, is amended to read:
2.4103B.335 TAX LEVY AUTHORITY.
2.5 Subdivision 1. Local water planning and management. The governing body of
2.6any county, municipality, or township may levy a tax in an amount required to implement
2.7sections103B.301 to
103B.355 or a comprehensive watershed management plan as
2.8defined in section 103B.3363.
2.9 Subd. 2. Priority programs; conservation and watershed districts. A county
2.10may levy amounts necessary to pay the reasonableincreased costs to soil and water
2.11conservation districts and watershed districts of administering and implementing priority
2.12programs identified in an approved and adopted plan or a comprehensive watershed
2.13management plan as defined in section 103B.3363.
2.14 Sec. 4. Minnesota Statutes 2012, section 103B.3369, subdivision 5, is amended to read:
2.15 Subd. 5. Financial assistance. A base grant may be awarded to a county that
2.16provides a match utilizing a water implementation tax or other local source. A water
2.17implementation tax that a county intends to use as a match to the base grant must be
2.18levied at a rate sufficient to generate a minimum amount determined by the board.
2.19The board may award performance-based grants to local units of government that are
2.20responsible for implementing elements of applicable portions of watershed management
2.21plans, comprehensive plans, local water management plans, or comprehensive watershed
2.22management plans, developed or amended, adopted and approved, according to chapter
2.23103B, 103C, or 103D. Upon request by a local government unit, the board may also
2.24award performance-based grants to local units of government to carry out TMDL
2.25implementation plans as provided in chapter 114D, if the TMDL implementation plan has
2.26been incorporated into the local water management plan according to the procedures for
2.27approving comprehensive plans, watershed management plans, local water management
2.28plans, or comprehensive watershed management plans under chapter 103B, 103C, or
2.29103D, or if the TMDL implementation plan has undergone a public review process.
2.30Notwithstanding section16A.41 , the board may award performance-based grants on an
2.31advanced basis. The fee authorized in section 40A.152 may be used as a local match
2.32or as a supplement to state funding to accomplish implementation of comprehensive
2.33plans, watershed management plans, local water management plans, or comprehensive
2.34watershed management plans under chapter 103B, 103C, or 103D.
3.1 Sec. 5. Minnesota Statutes 2012, section 103C.501, subdivision 4, is amended to read:
3.2 Subd. 4. Cost-sharing funds. (a) The state board shall allocateat least 70 percent
3.3of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality
3.4problems or water quantity problems due to altered hydrology. The areas must be selected
3.5based onthe statewide priorities established by the state board.
3.6(b) The allocated funds must be used for conservation practices for high priority
3.7problems identified in the comprehensive and annual work plans of the districts, for
3.8the technical assistance portion of the grant funds to leverage federal or other nonstate
3.9funds, or to address high-priority needs identified in local water management plans or
3.10comprehensive watershed management plans.
3.11(b) The remaining cost-sharing funds may be allocated to districts as follows:
3.12(1) for technical and administrative assistance, not more than 20 percent of the
3.13funds; and
3.14(2) for conservation practices for lower priority erosion, sedimentation, or water
3.15quality problems.
3.16 Sec. 6. Minnesota Statutes 2012, section 103F.405, subdivision 1, is amended to read:
3.17 Subdivision 1. Authority. Each statutory or home rule charter city, town, or
3.18county that has planning and zoning authority under sections366.10 to
366.19 ,
394.21
3.19to394.37 , or
462.351 to
462.365 is encouraged to adopt a soil loss ordinance. The soil
3.20loss ordinance must use the soil loss tolerance for each soil series described in the United
3.21StatesSoil Natural Resources Conservation Service Field Office Technical Guide, or
3.22another method approved by the Board of Water and Soil Resources, to determine the
3.23soil loss limits, but the soil loss limits must be attainable by the best practicable soil
3.24conservation practice. Ordinances adopted by local governmentswithin the metropolitan
3.25area defined in section
473.121local water management plans
3.26adopted under section
103B.235
3.27watershed management plan developed or amended, adopted and approved, according
3.28to chapter 103B, 103C, or 103D.
1.3modifying local levy authority; modifying disposition of certain funds;
1.4modifying soil loss ordinance provisions; amending Minnesota Statutes 2012,
1.5sections 103B.101, by adding a subdivision; 103B.102, subdivision 3; 103B.335;
1.6103B.3369, subdivision 5; 103C.501, subdivision 4; 103F.405, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 103B.101, is amended by adding a
1.9subdivision to read:
1.10 Subd. 16. Water quality practices; standardized specifications. The
1.11board shall work with state and federal agencies, academic institutions, local
1.12governments, practitioners, and stakeholders to foster mutual understanding and provide
1.13recommendations for standardized specifications for water quality and soil conservation
1.14protection and improvement practices and projects. The board may convene working
1.15groups or work teams to develop information, education, and recommendations.
1.16 Sec. 2. Minnesota Statutes 2012, section 103B.102, subdivision 3, is amended to read:
1.17 Subd. 3. Evaluation and report. The Board of Water and Soil Resources shall
1.18evaluate performance, financial, and activity information for each local water management
1.19entity. The board shall evaluate the entities' progress in accomplishing their adopted plans
1.20on a regular basis as determined by the board based on budget and operations of the local
1.21water management entity, but not less than once every
1.22maintain a summary of local water management entity performance on the board's Web site.
1.23Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
2.1of local water management entity performance to the chairs of the house of representatives
2.2and senate committees having jurisdiction over environment and natural resources policy.
2.3 Sec. 3. Minnesota Statutes 2012, section 103B.335, is amended to read:
2.4103B.335 TAX LEVY AUTHORITY.
2.5 Subdivision 1. Local water planning and management. The governing body of
2.6any county, municipality, or township may levy a tax in an amount required to implement
2.7sections
2.8defined in section 103B.3363.
2.9 Subd. 2. Priority programs; conservation and watershed districts. A county
2.10may levy amounts necessary to pay the reasonable
2.11conservation districts and watershed districts of administering and implementing priority
2.12programs identified in an approved and adopted plan or a comprehensive watershed
2.13management plan as defined in section 103B.3363.
2.14 Sec. 4. Minnesota Statutes 2012, section 103B.3369, subdivision 5, is amended to read:
2.15 Subd. 5. Financial assistance. A base grant may be awarded to a county that
2.16provides a match utilizing a water implementation tax or other local source. A water
2.17implementation tax that a county intends to use as a match to the base grant must be
2.18levied at a rate sufficient to generate a minimum amount determined by the board.
2.19The board may award performance-based grants to local units of government that are
2.20responsible for implementing elements of applicable portions of watershed management
2.21plans, comprehensive plans, local water management plans, or comprehensive watershed
2.22management plans, developed or amended, adopted and approved, according to chapter
2.23103B, 103C, or 103D. Upon request by a local government unit, the board may also
2.24award performance-based grants to local units of government to carry out TMDL
2.25implementation plans as provided in chapter 114D, if the TMDL implementation plan has
2.26been incorporated into the local water management plan according to the procedures for
2.27approving comprehensive plans, watershed management plans, local water management
2.28plans, or comprehensive watershed management plans under chapter 103B, 103C, or
2.29103D, or if the TMDL implementation plan has undergone a public review process.
2.30Notwithstanding section
2.31advanced basis. The fee authorized in section 40A.152 may be used as a local match
2.32or as a supplement to state funding to accomplish implementation of comprehensive
2.33plans, watershed management plans, local water management plans, or comprehensive
2.34watershed management plans under chapter 103B, 103C, or 103D.
3.1 Sec. 5. Minnesota Statutes 2012, section 103C.501, subdivision 4, is amended to read:
3.2 Subd. 4. Cost-sharing funds. (a) The state board shall allocate
3.3
3.4problems or water quantity problems due to altered hydrology. The areas must be selected
3.5based on
3.6(b) The allocated funds must be used for conservation practices for high priority
3.7problems identified in the comprehensive and annual work plans of the districts, for
3.8the technical assistance portion of the grant funds to leverage federal or other nonstate
3.9funds, or to address high-priority needs identified in local water management plans or
3.10comprehensive watershed management plans.
3.11
3.12
3.13
3.14
3.15
3.16 Sec. 6. Minnesota Statutes 2012, section 103F.405, subdivision 1, is amended to read:
3.17 Subdivision 1. Authority. Each statutory or home rule charter city, town, or
3.18county that has planning and zoning authority under sections
3.19to
3.20loss ordinance must use the soil loss tolerance for each soil series described in the United
3.21States
3.22another method approved by the Board of Water and Soil Resources, to determine the
3.23soil loss limits, but the soil loss limits must be attainable by the best practicable soil
3.24conservation practice. Ordinances adopted by local governments
3.25
3.26
3.27watershed management plan developed or amended, adopted and approved, according
3.28to chapter 103B, 103C, or 103D.
