Minnesota Legislature
SF 1192
as introduced - 88th Legislature (2013 - 2014) Posted on 04/04/2013 02:30pm
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A bill for an act
relating to water; modifying the Clean Water Legacy Act to improve
accountability; amending Minnesota Statutes 2012, sections 114D.15,
subdivision 11; 114D.25, by adding subdivisions; 114D.50, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 114D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 114D.15, subdivision 11, is amended to
read:
Subd. 11.
deleted text begin TMDLdeleted text end Implementation plan.
"deleted text begin TMDLdeleted text end Implementation plan" means a
document detailing restoration activities needed to meet the approved TMDL's pollutant
load allocations for point and nonpoint sources.
Sec. 2.
Minnesota Statutes 2012, section 114D.25, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin TMDL content for nonpoint sources. new text end
new text begin
The Pollution Control Agency
may approve a TMDL only if it:
new text end
new text begin
(1) analyzes and identifies sources of pollution, other than those for which a national
pollutant discharge elimination system permit is required under section 115.03, with
sufficient specificity to allow the implementation plan to prioritize and geographically
locate specific watershed restoration and protection practices;
new text end
new text begin
(2) describes the current pollution loading and load reduction needed for each
significant nonpoint source or type of source;
new text end
new text begin
(3) estimates the costs of implementing nonpoint source watershed restoration
actions; and
new text end
new text begin
(4) identifies potential funding sources and assesses their adequacy.
new text end
Sec. 3.
Minnesota Statutes 2012, section 114D.25, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin TMDL reporting. new text end
new text begin
Beginning July 1, 2014, and every other year
thereafter, the Pollution Control Agency must report on its Web site the progress
toward implementation milestones and water quality goals for all approved TMDLs and
implementation plans.
new text end
Sec. 4.
new text begin
[114D.26] NONPOINT SOURCE PRIORITY FUNDING PLAN.
new text end
new text begin
Beginning July 1, 2014, and every other year thereafter, the Pollution Control
Agency shall prepare and post on its Web site a priority funding plan to prioritize potential
nonpoint source watershed restoration actions. The nonpoint source priority funding
plan must rank potential actions based on criteria developed and adopted by the agency,
in consultation with the Board of Water and Soil Resources and the commissioners
of agriculture, natural resources, and health. The criteria must take into account the
following factors: water quality outcomes; cost-effectiveness; landowner financial need;
and leverage of nonstate funding sources.
new text end
Sec. 5.
new text begin
[114D.27] WATERSHED RESTORATION AND PROTECTION
STRATEGIES.
new text end
new text begin Subdivision 1. new text end
new text begin
Watershed restoration and protection strategy implementation
plans.
new text end
new text begin
The Pollution Control Agency shall develop strategies to address restoration and
protection needs on a watershed scale. To ensure effectiveness and accountability in
meeting the goals of this chapter, each implementation plan developed with a watershed
restoration and protection strategy must:
new text end
new text begin
(1) describe the modeled actions capable of achieving any needed pollution load
reductions for nonpoint sources;
new text end
new text begin
(2) identify a target date for meeting each nonpoint source load reduction;
new text end
new text begin
(3) identify approved local water plans and priorities in those plans and assess
whether they will achieve needed reductions;
new text end
new text begin
(4) identify and prioritize potential nonpoint source restoration actions to be taken in
subwatersheds and estimated load reductions;
new text end
new text begin
(5) identify potential responsible parties to design, implement, and monitor
watershed restoration actions;
new text end
new text begin
(6) identify additional enforcement actions that would provide pollution reductions,
provide estimates of those pollution reductions, and estimate the cost to state or local
governments to achieve the pollution reductions; and
new text end
new text begin
(7) provide estimated costs and identify potential funding sources for each category
of watershed restoration action.
new text end
new text begin Subd. 2. new text end
new text begin Timeliness. new text end
new text begin
(a) Each implementation plan must:
new text end
new text begin
(1) be completed and approved by the Pollution Control Agency within one year of
the Environmental Protection Agency's approval of the TMDL;
new text end
new text begin
(2) contain a specific timeline for achievement of load allocations by nonpoint
sources, including biennial milestones for achievement of implementation actions within
ten years of TMDL approval; and
new text end
new text begin
(3) contain a water quality monitoring plan with interim water quality goals every
five years until the target date for achievement of the nonpoint source load allocations.
new text end
new text begin
(b) The Pollution Control Agency may only approve an implementation plan if
it meets the requirements of this chapter.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2012, section 114D.50, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Nonpoint source priority funding. new text end
new text begin
(a) Consistent with the priorities
listed in section 114D.20, state agencies allocating funds from the clean water fund shall
target nonpoint source watershed restoration funds according to the priorities identified on
the priority funding plan described in section 114D.26. The allocation of the clean water
fund to projects eligible for financial assistance under section 116.182 is not governed by
the nonpoint source priority funding plan.
new text end
new text begin
(b) When clean water funds are used to purchase riparian buffer easements, payments
for the first 50 feet of riparian buffer cannot exceed 25 percent of the assessed land value.
new text end
Sec. 7. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall replace the term "TMDL implementation plan" with
"implementation plan" wherever the term appears in Minnesota Statutes, chapter 114D.
new text end