Bill Text: MN SF1192 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Watershed restoration and protection strategies
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-04-04 - Author added Eaton [SF1192 Detail]
Download: Minnesota-2013-SF1192-Introduced.html
Bill Title: Watershed restoration and protection strategies
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-04-04 - Author added Eaton [SF1192 Detail]
Download: Minnesota-2013-SF1192-Introduced.html
1.2relating to water; modifying the Clean Water Legacy Act to improve
1.3accountability;amending Minnesota Statutes 2012, sections 114D.15,
1.4subdivision 11; 114D.25, by adding subdivisions; 114D.50, by adding a
1.5subdivision; proposing coding for new law in Minnesota Statutes, chapter 114D.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 114D.15, subdivision 11, is amended to
1.8read:
1.9 Subd. 11.TMDL Implementation plan. "TMDL Implementation plan" means a
1.10document detailing restoration activities needed to meet the approved TMDL's pollutant
1.11load allocations for point and nonpoint sources.
1.12 Sec. 2. Minnesota Statutes 2012, section 114D.25, is amended by adding a subdivision
1.13to read:
1.14 Subd. 1a. TMDL content for nonpoint sources. The Pollution Control Agency
1.15may approve a TMDL only if it:
1.16(1) analyzes and identifies sources of pollution, other than those for which a national
1.17pollutant discharge elimination system permit is required under section 115.03, with
1.18sufficient specificity to allow the implementation plan to prioritize and geographically
1.19locate specific watershed restoration and protection practices;
1.20(2) describes the current pollution loading and load reduction needed for each
1.21significant nonpoint source or type of source;
1.22(3) estimates the costs of implementing nonpoint source watershed restoration
1.23actions; and
1.24(4) identifies potential funding sources and assesses their adequacy.
2.1 Sec. 3. Minnesota Statutes 2012, section 114D.25, is amended by adding a subdivision
2.2to read:
2.3 Subd. 6. TMDL reporting. Beginning July 1, 2014, and every other year
2.4thereafter, the Pollution Control Agency must report on its Web site the progress
2.5toward implementation milestones and water quality goals for all approved TMDLs and
2.6implementation plans.
2.7 Sec. 4. [114D.26] NONPOINT SOURCE PRIORITY FUNDING PLAN.
2.8Beginning July 1, 2014, and every other year thereafter, the Pollution Control
2.9Agency shall prepare and post on its Web site a priority funding plan to prioritize potential
2.10nonpoint source watershed restoration actions. The nonpoint source priority funding
2.11plan must rank potential actions based on criteria developed and adopted by the agency,
2.12in consultation with the Board of Water and Soil Resources and the commissioners
2.13of agriculture, natural resources, and health. The criteria must take into account the
2.14following factors: water quality outcomes; cost-effectiveness; landowner financial need;
2.15and leverage of nonstate funding sources.
2.16 Sec. 5. [114D.27] WATERSHED RESTORATION AND PROTECTION
2.17STRATEGIES.
2.18 Subdivision 1. Watershed restoration and protection strategy implementation
2.19plans. The Pollution Control Agency shall develop strategies to address restoration and
2.20protection needs on a watershed scale. To ensure effectiveness and accountability in
2.21meeting the goals of this chapter, each implementation plan developed with a watershed
2.22restoration and protection strategy must:
2.23(1) describe the modeled actions capable of achieving any needed pollution load
2.24reductions for nonpoint sources;
2.25(2) identify a target date for meeting each nonpoint source load reduction;
2.26(3) identify approved local water plans and priorities in those plans and assess
2.27whether they will achieve needed reductions;
2.28(4) identify and prioritize potential nonpoint source restoration actions to be taken in
2.29subwatersheds and estimated load reductions;
2.30(5) identify potential responsible parties to design, implement, and monitor
2.31watershed restoration actions;
2.32(6) identify additional enforcement actions that would provide pollution reductions,
2.33provide estimates of those pollution reductions, and estimate the cost to state or local
2.34governments to achieve the pollution reductions; and
3.1(7) provide estimated costs and identify potential funding sources for each category
3.2of watershed restoration action.
3.3 Subd. 2. Timeliness. (a) Each implementation plan must:
3.4(1) be completed and approved by the Pollution Control Agency within one year of
3.5the Environmental Protection Agency's approval of the TMDL;
3.6(2) contain a specific timeline for achievement of load allocations by nonpoint
3.7sources, including biennial milestones for achievement of implementation actions within
3.8ten years of TMDL approval; and
3.9(3) contain a water quality monitoring plan with interim water quality goals every
3.10five years until the target date for achievement of the nonpoint source load allocations.
3.11(b) The Pollution Control Agency may only approve an implementation plan if
3.12it meets the requirements of this chapter.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.
3.14 Sec. 6. Minnesota Statutes 2012, section 114D.50, is amended by adding a subdivision
3.15to read:
3.16 Subd. 4a. Nonpoint source priority funding. (a) Consistent with the priorities
3.17listed in section 114D.20, state agencies allocating funds from the clean water fund shall
3.18target nonpoint source watershed restoration funds according to the priorities identified on
3.19the priority funding plan described in section 114D.26. The allocation of the clean water
3.20fund to projects eligible for financial assistance under section 116.182 is not governed by
3.21the nonpoint source priority funding plan.
3.22(b) When clean water funds are used to purchase riparian buffer easements, payments
3.23for the first 50 feet of riparian buffer cannot exceed 25 percent of the assessed land value.
3.24 Sec. 7. REVISOR'S INSTRUCTION.
3.25The revisor of statutes shall replace the term "TMDL implementation plan" with
3.26"implementation plan" wherever the term appears in Minnesota Statutes, chapter 114D.
1.3accountability;amending Minnesota Statutes 2012, sections 114D.15,
1.4subdivision 11; 114D.25, by adding subdivisions; 114D.50, by adding a
1.5subdivision; proposing coding for new law in Minnesota Statutes, chapter 114D.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 114D.15, subdivision 11, is amended to
1.8read:
1.9 Subd. 11.
1.10document detailing restoration activities needed to meet the approved TMDL's pollutant
1.11load allocations for point and nonpoint sources.
1.12 Sec. 2. Minnesota Statutes 2012, section 114D.25, is amended by adding a subdivision
1.13to read:
1.14 Subd. 1a. TMDL content for nonpoint sources. The Pollution Control Agency
1.15may approve a TMDL only if it:
1.16(1) analyzes and identifies sources of pollution, other than those for which a national
1.17pollutant discharge elimination system permit is required under section 115.03, with
1.18sufficient specificity to allow the implementation plan to prioritize and geographically
1.19locate specific watershed restoration and protection practices;
1.20(2) describes the current pollution loading and load reduction needed for each
1.21significant nonpoint source or type of source;
1.22(3) estimates the costs of implementing nonpoint source watershed restoration
1.23actions; and
1.24(4) identifies potential funding sources and assesses their adequacy.
2.1 Sec. 3. Minnesota Statutes 2012, section 114D.25, is amended by adding a subdivision
2.2to read:
2.3 Subd. 6. TMDL reporting. Beginning July 1, 2014, and every other year
2.4thereafter, the Pollution Control Agency must report on its Web site the progress
2.5toward implementation milestones and water quality goals for all approved TMDLs and
2.6implementation plans.
2.7 Sec. 4. [114D.26] NONPOINT SOURCE PRIORITY FUNDING PLAN.
2.8Beginning July 1, 2014, and every other year thereafter, the Pollution Control
2.9Agency shall prepare and post on its Web site a priority funding plan to prioritize potential
2.10nonpoint source watershed restoration actions. The nonpoint source priority funding
2.11plan must rank potential actions based on criteria developed and adopted by the agency,
2.12in consultation with the Board of Water and Soil Resources and the commissioners
2.13of agriculture, natural resources, and health. The criteria must take into account the
2.14following factors: water quality outcomes; cost-effectiveness; landowner financial need;
2.15and leverage of nonstate funding sources.
2.16 Sec. 5. [114D.27] WATERSHED RESTORATION AND PROTECTION
2.17STRATEGIES.
2.18 Subdivision 1. Watershed restoration and protection strategy implementation
2.19plans. The Pollution Control Agency shall develop strategies to address restoration and
2.20protection needs on a watershed scale. To ensure effectiveness and accountability in
2.21meeting the goals of this chapter, each implementation plan developed with a watershed
2.22restoration and protection strategy must:
2.23(1) describe the modeled actions capable of achieving any needed pollution load
2.24reductions for nonpoint sources;
2.25(2) identify a target date for meeting each nonpoint source load reduction;
2.26(3) identify approved local water plans and priorities in those plans and assess
2.27whether they will achieve needed reductions;
2.28(4) identify and prioritize potential nonpoint source restoration actions to be taken in
2.29subwatersheds and estimated load reductions;
2.30(5) identify potential responsible parties to design, implement, and monitor
2.31watershed restoration actions;
2.32(6) identify additional enforcement actions that would provide pollution reductions,
2.33provide estimates of those pollution reductions, and estimate the cost to state or local
2.34governments to achieve the pollution reductions; and
3.1(7) provide estimated costs and identify potential funding sources for each category
3.2of watershed restoration action.
3.3 Subd. 2. Timeliness. (a) Each implementation plan must:
3.4(1) be completed and approved by the Pollution Control Agency within one year of
3.5the Environmental Protection Agency's approval of the TMDL;
3.6(2) contain a specific timeline for achievement of load allocations by nonpoint
3.7sources, including biennial milestones for achievement of implementation actions within
3.8ten years of TMDL approval; and
3.9(3) contain a water quality monitoring plan with interim water quality goals every
3.10five years until the target date for achievement of the nonpoint source load allocations.
3.11(b) The Pollution Control Agency may only approve an implementation plan if
3.12it meets the requirements of this chapter.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.
3.14 Sec. 6. Minnesota Statutes 2012, section 114D.50, is amended by adding a subdivision
3.15to read:
3.16 Subd. 4a. Nonpoint source priority funding. (a) Consistent with the priorities
3.17listed in section 114D.20, state agencies allocating funds from the clean water fund shall
3.18target nonpoint source watershed restoration funds according to the priorities identified on
3.19the priority funding plan described in section 114D.26. The allocation of the clean water
3.20fund to projects eligible for financial assistance under section 116.182 is not governed by
3.21the nonpoint source priority funding plan.
3.22(b) When clean water funds are used to purchase riparian buffer easements, payments
3.23for the first 50 feet of riparian buffer cannot exceed 25 percent of the assessed land value.
3.24 Sec. 7. REVISOR'S INSTRUCTION.
3.25The revisor of statutes shall replace the term "TMDL implementation plan" with
3.26"implementation plan" wherever the term appears in Minnesota Statutes, chapter 114D.
