Bill Text: MN SF1192 | 2013-2014 | 88th Legislature | Engrossed
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-Engrossed.html
1.2relating to water; modifying the Clean Water Legacy Act to improve
1.3accountability;amending Minnesota Statutes 2012, section 114D.50, by adding
1.4subdivisions; proposing coding for new law in Minnesota Statutes, chapter 114D.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [114D.26] WATERSHED RESTORATION AND PROTECTION
1.7STRATEGIES.
1.8 Subdivision 1. Contents. The Pollution Control Agency shall develop strategies to
1.9address restoration and protection needs on a watershed scale. To ensure effectiveness
1.10and accountability in meeting the goals of this chapter, each watershed restoration and
1.11protection strategy must:
1.12(1) analyze and identify point sources of pollution for which a national pollutant
1.13discharge elimination system permit is required under section 115.03;
1.14(2) analyze and identify nonpoint sources of pollution for which a national pollutant
1.15discharge elimination system permit is not required under section 115.03, with sufficient
1.16specificity to allow the watershed restoration and protection strategy to prioritize and
1.17geographically locate specific watershed restoration and protection practices;
1.18(3) describe the current pollution loading and load reduction needed for each source
1.19or source category to meet water quality standards;
1.20(4) contain a monitoring plan with interim water quality goals based on available
1.21data until needed load reductions are achieved;
1.22(5) describe actions shown by modeling to be capable of achieving any needed
1.23pollution load reductions for point and nonpoint sources;
2.1(6) identify local water plans already in place and determine whether they contain
2.2the actions designed to achieve needed pollution load reductions;
2.3(7) identify additional enforcement actions under existing law that would provide
2.4pollution reductions, provide estimates of those pollution reductions, and estimate the cost
2.5to state or local governments to achieve the pollution reductions;
2.6(8) identify potential responsible parties to design, implement, monitor, and report
2.7on watershed restoration or protection actions;
2.8(9) provide an estimated range of costs for at least one modeled scenario that is
2.9anticipated to accomplish the required load reductions;
2.10(10) provide a list and an estimate of the funding sources and amounts that are
2.11anticipated to be available for the needed implementation actions; and
2.12(11) contain a timeline for achievement of watershed restoration or protection
2.13implementation actions within ten years of strategy adoption, including milestones at
2.14least every two years.
2.15 Subd. 2. Reporting. Beginning July 1, 2016, and every other year thereafter, the
2.16Pollution Control Agency must report on its Web site the progress toward implementation
2.17milestones and water quality goals for all adopted TMDLs and, where available, watershed
2.18restoration and protection strategies.
2.19 Subd. 3. Timeliness. Watershed restoration and protection strategies must be
2.20completed within one year of the Environmental Protection Agency's approval of TMDLs
2.21within the applicable watershed.
2.22 Sec. 2. Minnesota Statutes 2012, section 114D.50, is amended by adding a subdivision
2.23to read:
2.24 Subd. 3a. Nonpoint priority funding plan. (a) Beginning July 1, 2014, and every
2.25other year thereafter, the Board of Water and Soil Resources shall prepare and post
2.26on its Web site a priority funding plan to prioritize potential nonpoint restoration and
2.27protection actions based on available watershed restoration and protection strategies and
2.28TMDLs. The plan must take into account the following factors: water quality outcomes;
2.29cost-effectiveness; landowner financial need; and leverage of nonstate funding sources.
2.30(b) Consistent with the priorities listed in section 114D.20, state agencies allocating
2.31funds from the clean water fund for restoration and protection strategies shall target the
2.32funds according to the priorities identified on the nonpoint priority funding plan. The
2.33allocation of the clean water fund to projects eligible for financial assistance under section
2.34116.182 is not governed by the nonpoint priority funding plan.
3.1 Sec. 3. Minnesota Statutes 2012, section 114D.50, is amended by adding a subdivision
3.2to read:
3.3 Subd. 4a. Riparian buffer payments; reporting. When clean water funds are used
3.4to purchase riparian buffer easements, payments for the first 50 feet of riparian buffer
3.5required by Minnesota Rules, part 6120.3300, cannot exceed 25 percent of the assessed
3.6land value. The Board of Water and Soil Resources must include in its biennial report
3.7on clean water fund appropriations the funding spent on easements for riparian buffers
3.8already required by Minnesota Rules, part 6120.3300, to be in perennial vegetation.
1.3accountability;amending Minnesota Statutes 2012, section 114D.50, by adding
1.4subdivisions; proposing coding for new law in Minnesota Statutes, chapter 114D.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [114D.26] WATERSHED RESTORATION AND PROTECTION
1.7STRATEGIES.
1.8 Subdivision 1. Contents. The Pollution Control Agency shall develop strategies to
1.9address restoration and protection needs on a watershed scale. To ensure effectiveness
1.10and accountability in meeting the goals of this chapter, each watershed restoration and
1.11protection strategy must:
1.12(1) analyze and identify point sources of pollution for which a national pollutant
1.13discharge elimination system permit is required under section 115.03;
1.14(2) analyze and identify nonpoint sources of pollution for which a national pollutant
1.15discharge elimination system permit is not required under section 115.03, with sufficient
1.16specificity to allow the watershed restoration and protection strategy to prioritize and
1.17geographically locate specific watershed restoration and protection practices;
1.18(3) describe the current pollution loading and load reduction needed for each source
1.19or source category to meet water quality standards;
1.20(4) contain a monitoring plan with interim water quality goals based on available
1.21data until needed load reductions are achieved;
1.22(5) describe actions shown by modeling to be capable of achieving any needed
1.23pollution load reductions for point and nonpoint sources;
2.1(6) identify local water plans already in place and determine whether they contain
2.2the actions designed to achieve needed pollution load reductions;
2.3(7) identify additional enforcement actions under existing law that would provide
2.4pollution reductions, provide estimates of those pollution reductions, and estimate the cost
2.5to state or local governments to achieve the pollution reductions;
2.6(8) identify potential responsible parties to design, implement, monitor, and report
2.7on watershed restoration or protection actions;
2.8(9) provide an estimated range of costs for at least one modeled scenario that is
2.9anticipated to accomplish the required load reductions;
2.10(10) provide a list and an estimate of the funding sources and amounts that are
2.11anticipated to be available for the needed implementation actions; and
2.12(11) contain a timeline for achievement of watershed restoration or protection
2.13implementation actions within ten years of strategy adoption, including milestones at
2.14least every two years.
2.15 Subd. 2. Reporting. Beginning July 1, 2016, and every other year thereafter, the
2.16Pollution Control Agency must report on its Web site the progress toward implementation
2.17milestones and water quality goals for all adopted TMDLs and, where available, watershed
2.18restoration and protection strategies.
2.19 Subd. 3. Timeliness. Watershed restoration and protection strategies must be
2.20completed within one year of the Environmental Protection Agency's approval of TMDLs
2.21within the applicable watershed.
2.22 Sec. 2. Minnesota Statutes 2012, section 114D.50, is amended by adding a subdivision
2.23to read:
2.24 Subd. 3a. Nonpoint priority funding plan. (a) Beginning July 1, 2014, and every
2.25other year thereafter, the Board of Water and Soil Resources shall prepare and post
2.26on its Web site a priority funding plan to prioritize potential nonpoint restoration and
2.27protection actions based on available watershed restoration and protection strategies and
2.28TMDLs. The plan must take into account the following factors: water quality outcomes;
2.29cost-effectiveness; landowner financial need; and leverage of nonstate funding sources.
2.30(b) Consistent with the priorities listed in section 114D.20, state agencies allocating
2.31funds from the clean water fund for restoration and protection strategies shall target the
2.32funds according to the priorities identified on the nonpoint priority funding plan. The
2.33allocation of the clean water fund to projects eligible for financial assistance under section
2.34116.182 is not governed by the nonpoint priority funding plan.
3.1 Sec. 3. Minnesota Statutes 2012, section 114D.50, is amended by adding a subdivision
3.2to read:
3.3 Subd. 4a. Riparian buffer payments; reporting. When clean water funds are used
3.4to purchase riparian buffer easements, payments for the first 50 feet of riparian buffer
3.5required by Minnesota Rules, part 6120.3300, cannot exceed 25 percent of the assessed
3.6land value. The Board of Water and Soil Resources must include in its biennial report
3.7on clean water fund appropriations the funding spent on easements for riparian buffers
3.8already required by Minnesota Rules, part 6120.3300, to be in perennial vegetation.
