Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4253

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

FORTY-FIRST DAY

 

Saint Paul, Minnesota, Thursday, April 25, 2019

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Liz Olson, Speaker pro tempore.

 

      Prayer was offered by Pastor David J. Engman, Breakthrough Ministries, St. Paul, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Albright

Anderson

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Dettmer

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Backer, Demuth, Swedzinski and West were excused.

 

      Drazkowski was excused until 1:55 p.m.

 

      The Speaker assumed the Chair.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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REPORTS OF CHIEF CLERK

 

      S. F. No. 802 and H. F. No. 2792, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Mariani moved that S. F. No. 802 be substituted for H. F. No. 2792 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2314 and H. F. No. 2209, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Hansen moved that S. F. No. 2314 be substituted for H. F. No. 2209 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2415 and H. F. No. 2544, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Bernardy moved that S. F. No. 2415 be substituted for H. F. No. 2544 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 5, A bill for an act relating to employment; providing for paid family, pregnancy, bonding, and applicant's serious medical condition benefits; regulating and requiring certain employment leaves; classifying certain data; authorizing rulemaking; amending Minnesota Statutes 2018, sections 13.719, by adding a subdivision; 177.27, subdivision 4; 181.032; 256J.561, by adding a subdivision; 256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.19, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 268B.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 653, A bill for an act relating to natural resources; appropriating money for regional parks and trails.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

OUTDOOR HERITAGE FUND

 

Section 1.  OUTDOOR HERITAGE FUND APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the outdoor heritage fund for the fiscal year indicated for each purpose.  The figures "2020" and "2021" used in this article mean that the appropriations listed under the figure are


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available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.  "The first year" is fiscal year 2020.  "The second year" is fiscal year 2021.  "The biennium" is fiscal years 2020 and 2021.  These are onetime appropriations.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2020

2021

 

Sec. 2.  OUTDOOR HERITAGE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$127,127,000

 

$565,000

 

This appropriation is from the outdoor heritage fund.  The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Prairies

 

38,303,000

 

-0-

 

(a) DNR Wildlife Management Area and Scientific and Natural Area Acquisition - Phase XI

 

 

 

 

$2,519,000 the first year is to the commissioner of natural resources to acquire in fee and restore and enhance lands for wildlife management under Minnesota Statutes, section 86A.05, subdivision 8, and to acquire lands in fee for scientific and natural areas under Minnesota Statutes, section 86A.05, subdivision 5.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(b) Accelerating Wildlife Management Area Program - Phase XI

 

 

 

 

$6,060,000 the first year is to the commissioner of natural resources for an agreement with Pheasants Forever to acquire in fee and restore and enhance lands for wildlife management under Minnesota Statutes, section 86A.05, subdivision 8.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan. 

 

(c) Minnesota Prairie Recovery Project - Phase IX

 

 

 

 

 

$3,058,000 the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy to acquire lands in fee and to restore and enhance native prairies,


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grasslands, wetlands, and savannas.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  No later than 180 days after The Nature Conservancy's fiscal year ends, The Nature Conservancy must submit to the Lessard-Sams Outdoor Heritage Council annual income statements and balance sheets for income and expenses from land acquired with this appropriation.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan, and the acquisitions must be consistent with the priorities identified in Minnesota Prairie Conservation Plan.

 

(d) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase X

 

 

 

 

$2,383,000 the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy, in cooperation with the United States Fish and Wildlife Service, to acquire lands in fee or permanent conservation easements and to restore and enhance lands in the Northern Tallgrass Prairie Habitat Preservation Area in western Minnesota for addition to the Northern Tallgrass Prairie National Wildlife Refuge.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan, and the acquisitions must be consistent with the priorities in Minnesota Prairie Conservation Plan.

 

(e) Lower Wild Rice Corridor Habitat Restoration - Phase II

 

 

 

 

$225,000 the first year is to the commissioner of natural resources for an agreement with the Wild Rice Watershed District to acquire land in permanent conservation easement and to restore river and related habitat in the Wild Rice River corridor.  $2,750,000 the first year is to the Board of Water and Soil Resources to acquire lands in permanent conservation easements and to restore river and related habitat in the Wild Rice River corridor, of which up to $111,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed acquisitions must be included as part of the required accomplishment plan.

 

(f) Martin County DNR WMA Acquisition - Phase III

 

 

 

 

 

$3,650,000 the first year is to the commissioner of natural resources for agreements to acquire lands in fee and restore and enhance strategic prairie grassland, wetland, and other wildlife


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habitat in Martin County for wildlife management under Minnesota Statutes, section 86A.05, subdivision 8.  Of this amount, $3,002,000 is to Fox Lake Conservation League Inc., $554,000 is to Ducks Unlimited, and $94,000 is to The Conservation Fund.  A list of proposed acquisitions must be provided as part of the required accomplishment plan.

 

(g) RIM Grasslands Reserve

 

 

 

 

 

$2,276,000 the first year is to the Board of Water and Soil Resources to acquire permanent conservation easements and to restore and enhance grassland habitat under Minnesota Statutes, section 103F.501 to 103F.531.  Of this amount, up to $39,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of permanent conservation easements must be provided as part of the final report.

 

(h) Prairie Chicken Habitat Partnership of the Southern Red River Valley - Phase V

 

 

 

 

$2,558,000 the first year is to the commissioner of natural resources for an agreement with Pheasants Forever, in cooperation with the Minnesota Prairie Chicken Society, to acquire lands in fee and restore and enhance lands in the southern Red River valley for wildlife management under Minnesota Statutes, section 86A.05, subdivision 8, or to be designated and managed as waterfowl production areas in Minnesota in cooperation with the United States Fish and Wildlife Service.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(i) DNR Grassland Enhancement - Phase XI

 

 

 

 

 

$8,861,000 the first year is to the commissioner of natural resources to accelerate restoration and enhancement of prairies, grasslands, and savannas in wildlife management areas, in scientific and natural areas, in aquatic management areas, on lands in the native prairie bank, in bluff prairies on state forest land in southeastern Minnesota, and in waterfowl production areas and refuge lands of the United States Fish and Wildlife Service.  A list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.


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(j) Anoka Sand Plain Habitat Restoration and Enhancement - Phase VI

 

 

 

 

$2,573,000 the first year is to the commissioner of natural resources for agreements to acquire permanent conservation easements and to restore and enhance wildlife habitat on public lands and easements in the Anoka Sand Plain ecoregion and intersecting minor watersheds as follows:  $156,000 is to the Anoka Conservation District; $699,000 is to Great River Greening; $269,000 is to the Sherburne Soil and Water Conservation District; $182,000 is to the National Wild Turkey Federation; and $1,267,000 is to Minnesota Land Trust, of which up to $144,000 to Minnesota Land Trust is for establishing monitoring and enforcement funds as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed permanent conservation easements, restorations, and enhancements must be provided as part of the required accomplishment plan.

 

(k) Fairmont Chain of Lakes Habitat Restoration Plan - Phase I

 

 

 

 

$1,390,000 the first year is to the commissioner of natural resources for an agreement with the city of Fairmont to restore and enhance grassland, wetland, and stream habitats in the Dutch Creek watershed.  A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.

 

Subd. 3.  Forests

 

17,032,000

 

-0-

 

(a) Protecting Strategic Forest Lands Near Camp Ripley Partnership - Phase VIII

 

 

 

 

$3,348,000 the first year is to the commissioner of natural resources for an agreement with The Conservation Fund to acquire in fee and restore and enhance forest wildlife habitat in Cass, Crow Wing, and Morrison Counties in proximity to the Minnesota National Guard Camp Ripley Sentinel Landscape.  Land must be acquired for state forests under Minnesota Statutes, section 86A.05, subdivision 7; for wildlife management under Minnesota Statutes, section 86A.05, subdivision 8; for scientific and natural areas under Minnesota Statutes, section 86A.05, subdivision 5; or as county forest land or municipal forest land.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(b) Southeast Minnesota Protection and Restoration - Phase VII

 

 

 

 

$5,741,000 the first year is to the commissioner of natural resources for agreements as follows: 


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(1) $2,701,000 to The Nature Conservancy to acquire lands in fee to be held by The Nature Conservancy or acquire lands in fee for wildlife management under Minnesota Statutes, section 86A.05, subdivision 8; for scientific and natural areas under Minnesota Statutes, section 86A.05, subdivision 5; for state forests under Minnesota Statutes, section 86A.05, subdivision 7; and for aquatic management areas under Minnesota Statutes, section 86A.05, subdivision 14;

 

(2) $1,370,000 to The Trust for Public Land to acquire lands in fee for wildlife management under Minnesota Statutes, section 86A.05, subdivision 8; for scientific and natural areas under Minnesota Statutes, section 86A.05, subdivision 5; for state forests under Minnesota Statutes, section 86A.05, subdivision 7; and for aquatic management areas under Minnesota Statutes, section 86A.05, subdivision 14; and

 

(3) $1,670,000 to Minnesota Land Trust to acquire permanent conservation easements and to restore and enhance wildlife habitat, of which $192,000 is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.

 

Annual income statements and balance sheets for income and expenses from land acquired in fee and held by The Nature Conservancy with the appropriation in clause (1) must be submitted to the Lessard-Sams Outdoor Heritage Council no later than 180 days after The Nature Conservancy's fiscal year closes.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(c) Minnesota Forests for the Future - Phase VII

 

 

 

 

 

$4,573,000 the first year is to the commissioner of natural resources to acquire lands in fee and easements and to restore and enhance forests, wetlands, and shoreline habitat through working forest permanent conservation easements under the Minnesota forests for the future program according to Minnesota Statutes, section 84.66.  A conservation easement acquired with money appropriated under this paragraph must comply with Minnesota Statutes, section 97A.056, subdivision 13.  The accomplishment plan must include an easement monitoring and enforcement plan.  Of this amount, up to $150,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.  A list of permanent conservation easements must be provided as part of the final report.


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(d) Mississippi River Floodplain Forest Enhancement - Phase III

 

 

 

 

$1,357,000 the first year is to the commissioner of natural resources for an agreement with the National Audubon Society to restore and enhance floodplain forest habitat for wildlife on public lands along the Mississippi River.  A list of restorations and enhancements must be provided as part of the required accomplishment plan.

 

(e) Enhanced Public Land Open Landscapes - Phase I

 

 

 

 

 

$955,000 the first year is to the commissioner of natural resources for an agreement with Pheasants Forever, in cooperation with the Minnesota Sharp-Tailed Grouse Society, to enhance and restore early successional open landscape habitat on public lands.  A list of proposed restoration and enhancements must be provided as part of the required accomplishment plan.

 

(f) Minnesota Forest Recovery Project - Phase I

 

 

 

 

 

$1,058,000 the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy to enhance degraded forests in Beltrami, Cass, Cook, Itasca, Lake, and St. Louis Counties.  A list of enhancements must be provided as part of the required accomplishment plan.

 

Subd. 4.  Wetlands

 

20,753,000

 

-0-

 

(a) Accelerating Waterfowl Production Area Acquisition - Phase XI

 

 

 

 

$5,631,000 the first year is to the commissioner of natural resources for an agreement with Pheasants Forever, in cooperation with the United States Fish and Wildlife Service, to acquire lands in fee and to restore and enhance wetlands and grasslands to be designated and managed as waterfowl production areas in Minnesota.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(b) Shallow Lake and Wetland Protection Program - Phase VIII

 

 

 

 

$6,150,000 the first year is to the commissioner of natural resources for an agreement with Ducks Unlimited to acquire lands in fee and to restore and enhance prairie lands, wetlands, and land buffering shallow lakes for wildlife management under Minnesota Statutes, section 86A.05, subdivision 8.  A list of proposed acquisitions must be provided as part of the required accomplishment plan.


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(c) Wetland Habitat Protection Program - Phase IV

 

 

 

 

 

$2,129,000 the first year is to the commissioner of natural resources for an agreement with Minnesota Land Trust to acquire permanent conservation easements and to restore and enhance prairie, wetland, and other habitat on permanently protected conservation easements in high-priority wetland habitat complexes in the prairie and forest/prairie transition regions.  Of this amount, up to $240,000 is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed conservation easement acquisitions and restorations and enhancements must be provided as part of the required accomplishment plan.

 

(d) Wild Rice Shoreland Protection - Phase VI

 

 

 

 

 

$937,000 the first year is to the Board of Water and Soil Resources to acquire permanent conservation easements on wild rice lake shoreland habitat for native wild rice bed protection.  Of this amount, up to $72,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of permanent conservation easements must be provided as part of the final report.  $250,000 the first year is to the commissioner of natural resources to acquire lands in fee and restore and enhance lands for wildlife management under Minnesota Statutes, section 86A.05, subdivision 8; for scientific and natural areas under Minnesota Statutes, section 86A.05, subdivision 5; for state forests under Minnesota Statutes, section 86A.05, subdivision 7; and for aquatic management under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02 to acquire lands for wild rice lake shoreland habitat to protect native wild rice beds.  A list of proposed acquisitions in fee must be provided as part of the required accomplishment plan.

 

(e) Shallow Lakes and Wetlands Enhancement - Phase XI

 

 

 

 

$3,541,000 the first year is to the commissioner of natural resources to enhance and restore shallow lakes and wetland habitat statewide.  A list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.

 

(f) Restoring Wetlands Dominated by Nonnative Cattail in Border Waters

 

 

 

 

$1,270,000 the first year is to the commissioner of natural resources for an agreement with the National Park Service to restore and enhance wetland and lacustrine habitat in Voyageurs National Park.  A list of proposed restorations and enhancements must be provided as part of the accomplishment plan.


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(g) Big Rice Lake Wild Rice Enhancement

 

 

 

 

 

$845,000 the first year is to the commissioner of natural resources to enhance and restore wild rice wetland habitat in Big Rice Lake in St. Louis County.

 

Subd. 5.  Habitats

 

50,119,000

 

-0-

 

(a) St. Croix Watershed Habitat Protection and Restoration - Phase I

 

 

 

 

$3,751,000 the first year is to the commissioner of natural resources for agreements as follows:

 

(1) $2,209,000 to The Trust for Public Land to acquire land in fee and to acquire permanent conservation stream easements in the St. Croix River watershed using the payment method prescribed in Minnesota Statutes, section 84.0272, subdivision 2;

 

(2) $1,377,000 to Minnesota Land Trust to acquire permanent conservation easements and to restore and enhance natural habitat systems in the St. Croix River watershed.  Of this amount, up to $168,000 to Minnesota Land Trust is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17; and

 

(3) $165,000 to the St. Croix River Association to coordinate and administer the program under this paragraph.

 

A list of proposed land acquisitions and permanent conservation easements must be provided as part of the required accomplishment plan.

 

(b) Metro Big Rivers - Phase IX

 

 

 

 

 

$4,163,000 the first year is to the commissioner of natural resources for agreements to acquire lands in fee and permanent conservation easements and to restore and enhance natural habitat systems associated with the Mississippi, Minnesota, and St. Croix Rivers and their tributaries in the metropolitan area.  Of this amount, $820,000 is to Minnesota Valley National Wildlife Refuge Trust Inc., $532,000 is to Friends of the Mississippi River, $1,061,000 is to Great River Greening, and $1,750,000 is to Minnesota Land Trust.  Up to $144,000 to Minnesota Land Trust is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed land acquisitions and permanent conservation easements must be provided as part of the required accomplishment plan.


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(c) Dakota County Habitat Protection/Restoration - Phase VII

 

 

 

 

$3,516,000 the first year is to the commissioner of natural resources for an agreement with Dakota County to acquire permanent conservation easements and land in fee and to restore and enhance riparian and other habitats in Dakota County.  A list of proposed land acquisitions and restorations and enhancements must be provided as part of the required accomplishment plan.

 

(d) Fisheries Habitat Protection on Strategic North Central Minnesota Lakes - Phase V

 

 

 

 

$3,365,000 the first year is to the commissioner of natural resources for agreements to acquire lands in fee and permanent conservation easements and to restore and enhance wildlife habitat to sustain healthy fish habitat on coldwater lakes in Aitkin, Cass, Crow Wing, and Hubbard Counties.  Of this amount, $841,000 is to Northern Waters Land Trust and $2,524,000 is to Minnesota Land Trust.  Up to $192,000 to Minnesota Land Trust is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of acquisitions must be provided as part of the required accomplishment plan.

 

(e) Sauk River Watershed Habitat Protection and Restoration

 

 

 

 

$2,946,000 the first year is to the commissioner of natural resources for agreements to acquire lands in fee and permanent conservation easements and restore and enhance wildlife habitat in the Sauk River watershed as follows:  $440,000 to Sauk River Watershed District, $590,000 to Pheasants Forever, and $1,916,000 to Minnesota Land Trust.  Up to $192,000 to Minnesota Land Trust is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of acquisitions must be provided as part of the required accomplishment plan.

 

(f) Trout Unlimited Coldwater Fish Habitat Enhancement and Restoration - Phase XI

 

 

 

 

$2,359,000 the first year is to the commissioner of natural resources for an agreement with Trout Unlimited to acquire permanent conservation stream easements using the payment method prescribed in Minnesota Statutes, section 84.0272, subdivision 2, and to restore and enhance habitat for trout and other species in and along coldwater rivers, lakes, and streams in Minnesota.  Up to $40,000 is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A


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list of proposed land acquisitions and restorations and enhancements must be provided as part of the required accomplishment plan.

 

(g) DNR Aquatic Habitat Restoration and Enhancement - Phase II

 

 

 

 

$3,208,000 the first year is to the commissioner of natural resources to restore and enhance aquatic habitat in degraded streams and aquatic management areas and to facilitate fish passage.  A list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.

 

(h) St. Louis River Restoration Initiative - Phase VI

 

 

 

 

 

$3,777,000 the first year is to the commissioner of natural resources to restore aquatic and riparian habitats in the St. Louis River estuary.  Of this appropriation, up to $2,182,000 is for an agreement with Minnesota Land Trust.  A list of proposed restorations must be provided as part of the required accomplishment plan.

 

(i) Knife River Habitat Rehabilitation - Phase IV

 

 

 

 

 

$891,000 the first year is to the commissioner of natural resources for an agreement with Zeitgeist, in cooperation with the Lake Superior Steelhead Association, to restore and enhance trout habitat in the Knife River watershed.  A list of proposed enhancements must be provided as part of the required accomplishment plan.

 

(j) Shell Rock River Watershed Habitat Restoration Program - Phase VIII

 

 

 

 

$2,046,000 the first year is to the commissioner of natural resources for an agreement with the Shell Rock River Watershed District to acquire lands in fee and to restore and enhance aquatic habitat in the Shell Rock River watershed.  A list of proposed acquisitions, restorations, and enhancements must be provided as part of the required accomplishment plan.

 

(k) Pine River Fish Passage Project

 

 

 

 

 

$1,246,000 the first year is to the commissioner of natural resources for an agreement with the Crow Wing Soil and Water Conservation District to restore and enhance riverine habitat in the Pine River and provide fish passage by removing dams and modifying and installing structures.


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(l) Sauk River Dam Fish Passage

 

 

 

 

 

$737,000 the first year is to the commissioner of natural resources for an agreement with the Stearns County Soil and Water Conservation District to restore and enhance riverine habitat in the Sauk River and provide fish passage by removing the dam and modifying and installing structures at the Melrose dam site.

 

(m) Restoring Norway Brook Connectivity to the Pine River

 

 

 

 

$2,267,000 the first year is to the commissioner of natural resources for an agreement with the city of Pine River to restore and enhance riverine habitat in the Pine River and provide fish passage by removing the dam and modifying and installing structures at the Norway Lake dam site.

 

(n) Pig's Eye Lake Islands Habitat Restoration and Enhancement

 

 

 

 

$4,337,000 the first year is to the commissioner of natural resources for an agreement with Ramsey County to restore and enhance wildlife habitat in Pig's Eye Lake, to include constructing islands.

 

(o) Restoring Upper Mississippi River at Lake Pepin

 

 

 

 

 

$750,000 the first year is to the commissioner of natural resources for an agreement with the Lake Pepin Legacy Alliance to restore and enhance wildlife habitat on public lands in Lake Pepin and the adjacent floodplain.  A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.

 

(p) Conservation Partners Legacy Grant Program:  Statewide and Metro Habitat - Phase XI

 

 

 

 

$10,760,000 the first year is to the commissioner of natural resources for a program to provide competitive matching grants of up to $400,000 to local, regional, state, and national organizations for enhancing, restoring, or protecting forests, wetlands, prairies, or habitat for fish, game, or wildlife in Minnesota.  Of this amount, at least $3,000,000 is for grants in the seven-county metropolitan area and cities with a population of 50,000 or greater.  Grants must not be made for activities required to fulfill the duties of owners of lands subject to conservation easements.  Grants must not be made from the appropriation in this paragraph for projects that have a total project cost exceeding $575,000.  Of the total appropriation, $445,000 may be spent for personnel costs and other direct and necessary administrative costs.  Grantees may acquire land or interests in land.  Easements must be permanent.  Grants may not be used to establish easement stewardship accounts.  The program must require a match of at least ten percent from nonstate sources


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for all grants.  The match may be cash or in-kind resources.  For grant applications of $25,000 or less, the commissioner must provide a separate, simplified application process.  Subject to Minnesota statutes, the commissioner of natural resources must, when evaluating projects of equal value, give priority to organizations that have a history of receiving, or a charter to receive, private contributions for local conservation or habitat projects.  All restoration or enhancement projects must be on land permanently protected by a permanent covenant ensuring perpetual maintenance and protection of restored and enhanced habitat, by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15.  Priority must be given to restoration and enhancement projects on public lands.  Minnesota Statutes, section 97A.056, subdivision 13, applies to grants awarded under this paragraph.  This appropriation is available until June 30, 2023.  No less than five percent of the amount of each grant must be held back from reimbursement until the grant recipient has completed a grant accomplishment report by the deadline and in the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council.  The commissioner must provide notice of the grant program in the summary of game and fish law prepared under Minnesota Statutes, section 97A.051, subdivision 2.

 

Subd. 6.  Administration

 

920,000

 

565,000

 

(a) Contract Management

 

 

 

 

 

$210,000 the first year is to the commissioner of natural resources for contract management duties assigned in this section.  The commissioner must provide an accomplishment plan in the form specified by the Lessard-Sams Outdoor Heritage Council on expending this appropriation.  The accomplishment plan must include a copy of the grant contract template and reimbursement manual.  No money may be expended before the Lessard-Sams Outdoor Heritage Council approves the accomplishment plan.

 

(b) Legislative Coordinating Commission

 

 

 

 

 

$555,000 the first year and $560,000 the second year are to the Legislative Coordinating Commission for administrative expenses of the Lessard-Sams Outdoor Heritage Council and for compensating and reimbursing expenses of council members.  This appropriation is available until June 30, 2021.  Minnesota Statutes, section 16A.281, applies to this appropriation.

 

(c) Technical Evaluation Panel

 

 

 

 

 

$150,000 the first year is to the commissioner of natural resources for a technical evaluation panel to conduct up to 25 restoration and enhancement evaluations under Minnesota Statutes, section 97A.056, subdivision 10.


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(d) Legacy Website

 

 

 

 

 

$5,000 the first year and $5,000 the second year are to the Legislative Coordinating Commission for the website required in Minnesota Statutes, section 3.303, subdivision 10.

 

Subd. 7.  Availability of Appropriation

 

 

 

 

 

Money appropriated in this section may not be spent on activities unless they are directly related to and necessary for a specific appropriation and are specified in the accomplishment plan approved by the Lessard-Sams Outdoor Heritage Council.  Money appropriated in this section must not be spent on indirect costs or other institutional overhead charges that are not directly related to and necessary for a specific appropriation.  Unless otherwise provided, the amounts in this section are available until June 30, 2022.  For acquisition of real property, the amounts in this section are available until June 30, 2023, if a binding agreement with a landowner or purchase agreement is entered into by June 30, 2022, and closed no later than June 30, 2023.  Funds for restoration or enhancement are available until June 30, 2024, or five years after acquisition, whichever is later, in order to complete initial restoration or enhancement work.  If a project receives at least 15 percent of its funding from federal funds, the time of the appropriation may be extended to equal the availability of federal funding to a maximum of six years if that federal funding was confirmed and included in the original draft accomplishment plan.  Funds appropriated for fee title acquisition of land may be used to restore, enhance, and provide for public use of the land acquired with the appropriation.  Public-use facilities must have a minimal impact on habitat in acquired lands.

 

Subd. 8.  Payment Conditions and Capital Equipment Expenditures

 

 

 

 

All agreements referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section.  Notwithstanding Minnesota Statutes, section 16A.41, expenditures directly related to each appropriation's purpose made on or after July 1, 2019, or the date of accomplishment plan approval, whichever is later, are eligible for reimbursement unless otherwise provided in this section.  For the purposes of administering appropriations and legislatively authorized agreements paid out of the outdoor heritage fund, an expense must be considered reimbursable by the administering agency when the recipient presents the agency with an invoice, or a binding agreement with the landowner, and the recipient attests that the goods have been received or the landowner agreement is binding.  Periodic reimbursement must be made upon receiving documentation that the items articulated in the accomplishment plan approved by the Lessard-Sams Outdoor Heritage Council have been achieved,


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including partial achievements as evidenced by progress reports approved by the Lessard-Sams Outdoor Heritage Council.  Reasonable amounts may be advanced to projects to accommodate cash flow needs, support future management of acquired lands, or match a federal share.  The advances must be approved as part of the accomplishment plan.  Capital equipment expenditures for specific items over $10,000 must be itemized in and approved as part of the accomplishment plan.

 

Subd. 9.  Mapping

 

 

 

 

 

Each direct recipient of money appropriated in this section, as well as each recipient of a grant awarded according to this section, must provide geographic information to the Lessard-Sams Outdoor Heritage Council for mapping of any lands acquired in fee with funds appropriated in this section and open to public taking of fish and game.  The commissioner of natural resources must include the lands acquired in fee with money appropriated in this section on maps showing public recreational opportunities.  Maps must include information on and acknowledgment of the outdoor heritage fund, including a notation of any restrictions.

 

Subd. 10.  Carryforwards

 

 

 

 

 

(a) The availability of the appropriation in Laws 2014, chapter 256, article 1, section 2, subdivision 5, paragraph (k), Evaluate Effectiveness of Aquatic Invasive Species Prevention Strategies, is extended to June 30, 2020.

 

(b) The availability of the appropriation in Laws 2015, First Special Session chapter 2, article 1, section 2, subdivision 2, paragraph (f), Minnesota Buffers for Wildlife and Water - Phase V, is extended to June 30, 2024.

 

(c) The availability of the appropriation in Laws 2016, chapter 172, article 1, section 2, subdivision 2, paragraph (g), Reinvest in Minnesota (RIM) Buffers for Wildlife and Water - Phase VI, is extended to June 30, 2025.

 

(d) This subdivision is effective the day following final enactment.

 

Sec. 3.  Minnesota Statutes 2018, section 97A.056, subdivision 7, is amended to read:

 

Subd. 7.  Legislative oversight.  The senate and house of representatives chairs of the committees and divisions with jurisdiction over the environment and natural resources budget shall finance and the outdoor heritage fund must convene a joint hearing to review the activities and evaluate the effectiveness of the council and to receive reports on the council from the legislative auditor no later than June 30, 2014 2020.


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Sec. 4.  Laws 2015, First Special Session chapter 2, article 1, section 2, subdivision 2, as amended by Laws 2016, chapter 172, article 1, section 5, and Laws 2017, chapter 91, article 1, section 7, is amended to read:

 

Subd. 2.  Prairies

 

40,948,000

 

-0-

(a) DNR Wildlife Management Area and Scientific and Natural Area Acquisition - Phase VII

 

 

 

 

$4,570,000 in the first year is to the commissioner of natural resources to acquire land in fee for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, and to acquire land in fee for scientific and natural area purposes under Minnesota Statutes, section 86A.05, subdivision 5.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land and permanent conservation easement acquisitions must be provided as part of the required accomplishment plan.

 

(b) Accelerating Wildlife Management Area Acquisition - Phase VII

 

 

 

 

$7,452,000 in the first year is to the commissioner of natural resources for an agreement with Pheasants Forever to acquire land in fee for wildlife management area purposes under Minnesota Statutes, section 86A.05, subdivision 8.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(c) Minnesota Prairie Recovery Project - Phase VI

 

 

 

 

 

$4,032,000 in the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy to acquire native prairie, wetlands, and savanna and restore and enhance grasslands, wetlands, and savanna.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  Annual income statements and balance sheets for income and expenses from land acquired with this appropriation must be submitted to the Lessard-Sams Outdoor Heritage Council no later than 180 days following the close of The Nature Conservancy's fiscal year.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan and must be consistent with the priorities identified in the Minnesota Prairie Conservation Plan.


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(d) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase VI

 

 

 

 

$3,430,000 in the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy in cooperation with the United States Fish and Wildlife Service to acquire land in fee or permanent conservation easements within the Northern Tallgrass Prairie Habitat Preservation Area in western Minnesota for addition to the Northern Tallgrass Prairie National Wildlife Refuge.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan and must be consistent with the priorities in the Minnesota Prairie Conservation Plan.

 

(e) Accelerated Native Prairie Bank Protection - Phase IV

 

 

 

 

$3,740,000 in the first year is to the commissioner of natural resources to implement the Minnesota Prairie Conservation Plan through the acquisition of permanent conservation easements to protect native prairie and grasslands.  Up to $165,000 is for establishing monitoring and enforcement funds as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of permanent conservation easements must be provided as part of the final report. 

 

(f) Minnesota Buffers for Wildlife and Water - Phase V

 

 

 

 

 

$4,544,000 in the first year is to the Board of Water and Soil Resources to acquire permanent conservation easements to protect and enhance habitat by expanding the clean water fund riparian buffer program for at least equal wildlife benefits from buffers on private land.  Up to $728,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of permanent conservation easements must be provided as part of the final report.

 

(g) Cannon River Headwaters Habitat Complex - Phase V

 

 

 

 

$1,380,000 in the first year is to the commissioner of natural resources for an agreement with The Trust for Public Land to acquire and restore lands in the Cannon River watershed for wildlife management purposes under Minnesota Statutes, section


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86A.05, subdivision 8.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(h) Prairie Chicken Habitat Partnership of the Southern Red River Valley

 

 

 

 

$1,800,000 in the first year is to the commissioner of natural resources for an agreement with Pheasants Forever in cooperation with the Minnesota Prairie Chicken Society to acquire and restore lands in the southern Red River Valley for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, or for designation and management as waterfowl production areas in Minnesota, in cooperation with the United States Fish and Wildlife Service.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(i) Protecting and Restoring Minnesota's Important Bird Areas

 

 

 

 

$1,730,000 in the first year is to the commissioner of natural resources for agreements to acquire conservation easements within and restore and enhance important bird areas identified in the Minnesota Prairie Conservation Plan, to be used as follows:  $408,000 is to Audubon Minnesota and $1,322,000 is to Minnesota Land Trust, of which up to $100,000 is for establishing monitoring and enforcement funds as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of permanent conservation easements must be provided as part of the final report.  This appropriation is available until June 30, 2021.

 

(j) Wild Rice River Corridor Habitat Restoration

 

 

 

 

 

$2,270,000 in the first year is to the commissioner of natural resources for an agreement with the Wild Rice Watershed District to acquire land in fee and permanent conservation easement and to restore river and related habitat in the Wild Rice River corridor.  A list of proposed acquisitions and restorations must be provided as part of the required accomplishment plan.

 

(k) Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase VII

 

 

 

 

$4,880,000 in the first year is to the commissioner of natural resources to accelerate the restoration and enhancement of prairie communities on wildlife management areas, scientific and natural


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areas, state forest land, and land under native prairie bank easements.  A list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.

 

(l) Enhanced Public Land Grasslands - Phase II

 

 

 

 

 

$1,120,000 in the first year is to the commissioner of natural resources for an agreement with Pheasants Forever to enhance and restore habitat on public lands.  A list of proposed land restorations and enhancements must be provided as part of the final report.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2015.

 

Sec. 5.  Laws 2017, chapter 91, article 1, section 2, subdivision 2, is amended to read:

 

Subd. 2.  Prairies

 

29,489,000

 

1,373,000

 

(a) DNR Wildlife Management Area and Scientific and Natural Area Acquisition - Phase IX

 

 

 

 

$3,064,000 the first year and $1,373,000 the second year are to the commissioner of natural resources to acquire in fee and restore lands for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, and to acquire land in fee for scientific and natural area purposes under Minnesota Statutes, section 86A.05, subdivision 5.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(b) Accelerating the Wildlife Management Area Acquisition - Phase IX

 

 

 

 

$5,603,000 the first year is to the commissioner of natural resources for an agreement with Pheasants Forever to acquire in fee and restore lands for wildlife management area purposes under Minnesota Statutes, section 86A.05, subdivision 8.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(c) Minnesota Prairie Recovery Project - Phase VII

 

 

 

 

 

$1,901,000 the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy to acquire land in fee for native prairie, wetland, and savanna and to


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restore and enhance grasslands, wetlands, and savanna.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  No later than 180 days after The Nature Conservancy's fiscal year ends, The Nature Conservancy must submit to the Lessard-Sams Outdoor Heritage Council annual income statements and balance sheets for income and expenses from land acquired with this appropriation.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan and must be consistent with the priorities identified in Minnesota Prairie Conservation Plan.

 

(d) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase VIII

 

 

 

 

$2,683,000 the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy in cooperation with the United States Fish and Wildlife Service to acquire land in fee or permanent conservation easements and restore lands in the Northern Tallgrass Prairie Habitat Preservation Area in western Minnesota for addition to the Northern Tallgrass Prairie National Wildlife Refuge.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan, and the acquisitions must be consistent with the priorities in Minnesota Prairie Conservation Plan.

 

(e) Cannon River Headwaters Habitat Complex - Phase VII

 

 

 

 

$1,436,000 the first year is to the commissioner of natural resources for an agreement with The Trust for Public Land to acquire in fee and restore lands in the Cannon River watershed for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(f) Accelerated Native Prairie Bank Protection - Phase VI

 

 

 

 

$2,481,000 the first year is to the commissioner of natural resources to acquire permanent conservation easements to implement the strategies in Minnesota Prairie Conservation Plan to protect and restore native prairie.  Of this amount, up to $140,000 is for establishing monitoring and enforcement funds as approved


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in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of permanent conservation easements must be provided as part of the final report.

 

(g) Reinvest In Minnesota (RIM) Buffers for Wildlife and Water - Phase VII

 

 

 

 

$5,333,000 the first year is to the Board of Water and Soil Resources to restore habitat and acquire permanent conservation easements under Minnesota Statutes, section 103F.515, to protect, restore, and enhance habitat by expanding the riparian-buffer program of the clean water fund for at least equal wildlife benefits from buffers on private land.  Of this amount, up to $858,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of permanent conservation easements must be provided as part of the final report.

 

(h) Prairie Chicken Habitat Partnership of the Southern Red River Valley - Phase III

 

 

 

 

$1,908,000 the first year is to the commissioner of natural resources for an agreement with Pheasants Forever in cooperation with the Minnesota Prairie Chicken Society to acquire land in fee and restore and enhance lands in the southern Red River valley for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, or to be designated and managed as waterfowl-production areas in Minnesota in cooperation with the United States Fish and Wildlife Service.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(i) Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase IX

 

 

 

 

$3,950,000 the first year is to the commissioner of natural resources to accelerate restoration and enhancement of prairies, grasslands, and savannas on wildlife management areas, scientific and natural areas, native prairie bank land, bluff prairies on state


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forest land in southeastern Minnesota, and United States Fish and Wildlife Service waterfowl-production area and refuge lands.  A list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.

 

(j) Anoka Sandplain Sand Plain Habitat Restoration and Enhancement - Phase V

 

 

 

 

$1,130,000 the first year is to the commissioner of natural resources for agreements to acquire permanent conservation easements and to restore and enhance wildlife habitat on public lands in Anoka, Benton, Isanti, Morrison, and Stearns Counties the Anoka Sand Plain ecoregion and intersecting minor watersheds as follows:  $41,000 is to the Anoka Conservation District, $231,000 is to the Isanti County Soil and Water Conservation District, $345,000 is to Great River Greening, $163,000 is to the Stearns County Soil and Water Conservation District, and $350,000 is to Minnesota Land Trust.  Up to $40,000 to Minnesota Land Trust is for establishing monitoring and enforcement funds as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed permanent conservation easements, restorations, and enhancements must be provided as part of the required accomplishment plan.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2017.

 

ARTICLE 2

CLEAN WATER FUND

 

Section 1.  CLEAN WATER FUND APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the clean water fund and are available for the fiscal years indicated for allowable activities under the Minnesota Constitution, article XI, section 15.  The figures "2020" and "2021" used in this article mean that the appropriations listed under the figure are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.  "The first year" is fiscal year 2020.  "The second year" is fiscal year 2021.  "The biennium" is fiscal years 2020 and 2021.  The appropriations in this article are onetime.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2020

2021

 

Sec. 2.  CLEAN WATER

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$126,959,000

 

$134,302,000

 

The amounts that may be spent for each purpose are specified in the following sections.


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Subd. 2.  Availability of Appropriation

 

 

 

 

 

Money appropriated in this article may not be spent on activities unless they are directly related to and necessary for a specific appropriation.  Money appropriated in this article must be spent in accordance with Minnesota Management and Budget's Guidance to Agencies on Legacy Fund Expenditure.  Notwithstanding Minnesota Statutes, section 16A.28, and unless otherwise specified in this article, fiscal year 2020 appropriations are available until June 30, 2021, and fiscal year 2021 appropriations are available until June 30, 2022.  If a project receives federal funds, the period of the appropriation is extended to equal the availability of federal funding.

 

Subd. 3.  Disability Access

 

 

 

 

 

Where appropriate, grant recipients of clean water funds, in consultation with the Council on Disability and other appropriate governor-appointed disability councils, boards, committees, and commissions, should make progress toward providing people with disabilities greater access to programs, print publications, and digital media related to the programs the recipient funds using appropriations made in this article.

 

Sec. 3.  DEPARTMENT OF AGRICULTURE

 

$12,445,000

 

$12,445,000

 

(a) $350,000 the first year and $350,000 the second year are to increase monitoring for pesticides, pesticide degradates, microplastics, and nanoplastics in surface water and groundwater and to use data collected to assess pesticide use practices.  By January 15, 2021, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over agriculture, environment and natural resources, and the clean water fund detailing the results of the monitoring and assessment conducted under this paragraph and information on the pesticide monitoring conducted under Minnesota Statutes, section 18B.064.

 

(b) $2,585,000 the first year and $2,585,000 the second year are for monitoring and evaluating trends in the concentration of nitrate in groundwater in areas vulnerable to groundwater degradation; promoting, developing, and evaluating regional and crop-specific nutrient best management practices; assessing best management practice adoption; education and technical support from University of Minnesota Extension; grants to support agricultural demonstration and implementation activities; Rosholt Farm; and other actions to protect groundwater from degradation from nitrate.  This appropriation is available until June 30, 2024.


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(c) $75,000 the first year and $75,000 the second year are for administering clean water funds managed through the agriculture best management practices loan program.  Any unencumbered balance at the end of the second year must be added to the corpus of the loan fund.

 

(d) $50,000 the first year and $50,000 the second year are for a research inventory database containing water-related research activities.  Costs for information technology development or support for this research inventory database may be paid to the Office of MN.IT Services.  This appropriation is available until June 30, 2024.

 

(e) $3,000,000 the first year and $3,000,000 the second year are to implement the Minnesota agricultural water quality certification program statewide.  By January 15, 2021, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over agriculture, environment and natural resources, and the clean water fund detailing the outcomes achieved by the program, including a comparison of state water quality goals and the impact the program has on meeting the goals.  Funds appropriated in this paragraph are available until June 30, 2024.

 

(f) $385,000 the first year and $385,000 the second year are for a regional irrigation water quality specialist through University of Minnesota Extension, development and statewide expansion of the irrigation management assistant tool, irrigation education and outreach, and the Agricultural Weather Station Network.

 

(g) $5,000,000 the first year and $5,000,000 the second year are for grants for the Forever Green Agriculture Initiative to protect the state's natural resources while increasing the efficiency, profitability, and productivity of Minnesota farmers by reducing agricultural contributions to impaired waters through the incorporation of perennial and winter-annual crops into existing agricultural practices to protect and restore drinking water resources.  Of this amount, $2,500,000 each year is for grants to implement Forever Green crops or cropping systems.  This appropriation is available until June 30, 2024.

 

(h) $1,000,000 the first year and $1,000,000 the second year are for testing private wells for pesticides, microplastics, and nanoplastics where nitrate is detected as part of the township testing program.  This appropriation is available until June 30, 2024.

 

Sec. 4.  PUBLIC FACILITIES AUTHORITY

 

$9,125,000

 

$9,125,000

 

(a) $9,000,000 the first year and $9,000,000 the second year are for the point source implementation grants program under Minnesota Statutes, section 446A.073.  This appropriation is available until June 30, 2024.


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(b) $125,000 the first year and $125,000 the second year are for small community wastewater treatment grants and loans under Minnesota Statutes, section 446A.075.  This appropriation is available until June 30, 2024.

 

(c) If there is any uncommitted money at the end of each fiscal year under paragraph (a) or (b), the Public Facilities Authority may transfer the remaining funds to eligible projects under any of the programs listed in this section according to a project's priority rank on the Pollution Control Agency's project priority list.

 

Sec. 5.  POLLUTION CONTROL AGENCY

 

$24,823,000

 

$22,623,000

 

(a) $8,500,000 the first year and $6,300,000 the second year are for completing needed statewide assessments of surface water quality and trends, including assessments for microplastics and nanoplastics, according to Minnesota Statutes, chapter 114D.  By January 15, 2021, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources and the clean water fund detailing the outcomes achieved under this paragraph.

 

(b) $8,050,000 the first year and $8,050,000 the second year are to develop watershed restoration and protection strategies (WRAPS), which include total maximum daily load (TMDL) studies and TMDL implementation plans according to Minnesota Statutes, chapter 114D, for waters on the impaired waters list approved by the United States Environmental Protection Agency.  The agency must complete an average of ten percent of the TMDLs each year over the biennium.

 

(c) $1,500,000 the first year and $1,500,000 the second year are for groundwater assessment, including assessments for microplastics and nanoplastics, enhancing the ambient monitoring network, modeling, evaluating trends, and reassessing groundwater that was assessed ten to 15 years ago and found to be contaminated.

 

(d) $750,000 the first year and $750,000 the second year are for implementing the St. Louis River System Area of Concern Remedial Action Plan.

 

(e) $900,000 the first year and $900,000 the second year are for national pollutant discharge elimination system wastewater and storm water TMDL implementation efforts.

 

(f) $3,938,000 the first year and $3,938,000 the second year are for enhancing the county-level delivery systems for subsurface sewage treatment system (SSTS) activities necessary to implement Minnesota Statutes, sections 115.55 and 115.56, for protecting groundwater, including base grants for all counties with SSTS


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programs and competitive grants to counties with specific plans to significantly reduce water pollution by reducing the number of systems that are an imminent threat to public health or safety or are otherwise failing.  Counties that receive base grants must report the number of sewage noncompliant properties upgraded through SSTS replacement, connection to a centralized sewer system, or other means, including property abandonment or buy-out.  Counties also must report the number of existing SSTS compliance inspections conducted in areas under county jurisdiction.  These required reports are to be part of established annual reporting for SSTS programs.  Counties that conduct SSTS inventories or those with an ordinance in place that requires an SSTS to be inspected as a condition of transferring property or as a condition of obtaining a local permit must be given priority for competitive grants under this paragraph.  Of this amount, $1,500,000 each year is available to counties for grants to low-income landowners to address systems that pose an imminent threat to public health or safety or fail to protect groundwater.  A grant awarded under this paragraph may not exceed $40,000 for the biennium.  A county receiving a grant under this paragraph must submit a report to the agency listing the projects funded, including an account of the expenditures.  By January 15, 2021, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources and the clean water fund detailing the outcomes achieved under this paragraph and past appropriations from the clean water fund for this purpose.

 

(g) $775,000 the first year and $775,000 the second year are for a grant program for sanitary sewer projects that are included in the draft or any updated Voyageurs National Park Clean Water Project Comprehensive Plan to restore the water quality of waters in Voyageurs National Park.  Grants must be awarded to local government units for projects approved by the Voyageurs National Park Clean Water Joint Powers Board and must be matched by at least 25 percent from sources other than the clean water fund.

 

(h) $300,000 the first year and $300,000 the second year are for activities, training, and grants that reduce chloride pollution.  Of this amount, $100,000 each year is for grants for upgrading or removing water-softening units at public facilities.  This appropriation is available until June 30, 2023.  Any unencumbered grant balances in the first year do not cancel but are available for grants in the second year.

 

(i) $110,000 the first year and $110,000 the second year are to support activities of the Clean Water Council according to Minnesota Statutes, section 114D.30, subdivision 1.

 

(j) The commissioner must develop protocols for testing groundwater and surface water for microplastics and nanoplastics to be used by agencies and departments required to monitor and


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test for plastics under this article.  For the purposes of this article, "microplastics" are small pieces of plastic debris in the environment resulting from the disposal and breakdown of consumer products and industrial waste that are less than five millimeters in length and "nanoplastics" are particles within a size ranging from 1 to 1000 nanometers that are unintentionally produced from the manufacture or degradation of plastic objects and that exhibit a colloidal behavior.

 

(k) Notwithstanding Minnesota Statutes, section 16A.28, the appropriations in this section are available until June 30, 2024.

 

Sec. 6.  DEPARTMENT OF NATURAL RESOURCES

$ 11,076,000

$ 11,0 76,000

 

(a) $2,200,000 the first year and $2,200,000 the second year are for stream flow monitoring.

 

(b) $1,250,000 the first year and $1,250,000 the second year are for lake Index of Biological Integrity (IBI) assessments, including assessments for microplastics and nanoplastics.  At least 50 percent of the assessments must be conducted in the seven-county metropolitan area and the cities of Rochester and Duluth.

 

(c) $135,000 the first year and $135,000 the second year are for assessing mercury, microplastics and nanoplastics, and other fish contaminants, including monitoring to track the status of impaired waters over time.

 

(d) $2,016,000 the first year and $2,016,000 the second year are for developing targeted, science-based watershed restoration and protection strategies. 

 

(e) $2,325,000 the first year and $2,325,000 the second year are for water-supply planning, aquifer protection, and monitoring activities.

 

(f) $1,200,000 the first year and $1,200,000 the second year are for technical assistance to support local implementation of nonpoint source restoration and protection activities. 

 

(g) $700,000 the first year and $700,000 the second year are for applied research and tools, including watershed hydrologic modeling; maintaining and updating spatial data for watershed boundaries, streams, and water bodies and integrating high‑resolution digital elevation data; and assessing effectiveness of forestry best management practices for water quality.

 

(h) $150,000 the first year and $150,000 the second year are for developing county geologic atlases. 

 

(i) $100,000 the first year and $100,000 the second year are for maintenance and updates to buffer maps and for technical guidance on interpreting buffer maps for local units of government


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implementing buffer requirements.  Maps must be provided to local units of government and made available to landowners on the Department of Natural Resources' website.

 

(j) $1,000,000 the first year and $1,000,000 the second year are to acquire permanent interests in lands in the Mississippi Headwaters Watershed to protect, enhance, and restore water quality, while preparing for climate change through the Minnesota forests for the future program under Minnesota Statutes, section 84.66.

 

Sec. 7.  BOARD OF WATER AND SOIL RESOURCES

$56,269,000

 

$63,269,000

 

(a) $14,711,000 the first year and $14,711,000 the second year are for performance-based grants with multiyear implementation plans to local government units.  The grants may be used to implement projects that protect, enhance, and restore surface water quality in lakes, rivers, and streams; protect groundwater from degradation; and protect drinking water sources.  Projects must be identified in a comprehensive watershed plan developed under the One Watershed, One Plan or metropolitan surface water management frameworks or groundwater plans.  Grant recipients must identify a nonstate match and may use other legacy funds to supplement projects funded under this paragraph.

 

(b) $16,300,000 the first year and $16,300,000 the second year are for grants to local government units to protect and restore surface water and drinking water; to keep water on the land; to protect, enhance, and restore water quality in lakes, rivers, and streams; and to protect groundwater and drinking water, including feedlot water quality and subsurface sewage treatment system projects and stream bank, stream channel, shoreline restoration, and ravine stabilization projects.  The projects must use practices demonstrated to be effective, be of long-lasting public benefit, include a match, and be consistent with total maximum daily load (TMDL) implementation plans, watershed restoration and protection strategies (WRAPS), or local water management plans or their equivalents.  A portion of this money may be used to seek administrative efficiencies through shared resources by multiple local governmental units.  Of this appropriation, at least 20 percent is for land-conservation projects and practices that benefit drinking water.

 

(c) $6,050,000 the first year and $6,050,000 the second year are for accelerated implementation, including local resource protection, enhancement grants, and statewide analytical targeting tools that fill an identified gap, program enhancements for technical assistance, citizen and community outreach, compliance, and training and certification.  By January 15, 2021, the commissioner must submit a report to the Clean Water Council and the chairs and ranking minority members of the house of representatives and


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senate committees and divisions with jurisdiction over environment and natural resources and the clean water fund detailing the outcomes achieved with this appropriation.

 

(d) $1,000,000 the first year and $1,000,000 the second year are to provide state oversight and accountability, evaluate and communicate results, provide implementation tools, and measure the value of conservation program implementation by local governments, including submitting to the legislature by March 1 each even-numbered year a biennial report prepared by the board, in consultation with the commissioners of natural resources, health, agriculture, and the Pollution Control Agency, detailing the recipients, the projects funded under this section, and the amount of pollution reduced.

 

(e) $2,500,000 the first year and $2,500,000 the second year are to provide assistance, oversight, and grants for supporting local governments in implementing and complying with riparian protection and excessive soil loss requirements.

 

(f) $4,875,000 the first year and $4,875,000 the second year are to purchase, restore, or preserve riparian land adjacent to lakes, rivers, streams, and tributaries, by easements or contracts, to keep water on the land to decrease sediment, pollutant, and nutrient transport; reduce hydrologic impacts to surface waters; and increase infiltration for groundwater recharge.  Up to $507,000 is for deposit in a monitoring and enforcement account.

 

(g) $5,000,000 the first year and $5,000,000 the second year are for permanent conservation easements on wellhead protection areas under Minnesota Statutes, section 103F.515, subdivision 2, paragraph (d), or for grants to local units of government for fee title acquisition to permanently protect groundwater supply sources on wellhead protection areas.  Priority must be placed on land that is located where the vulnerability of the drinking water supply is designated as high or very high by the commissioner of health, where drinking water protection plans have identified specific activities that will achieve long-term protection, and on lands with expiring Conservation Reserve Program contracts.  Up to $182,000 is for deposit in a monitoring and enforcement account.

 

(h) $100,000 the first year and $100,000 the second year are for a technical evaluation panel to conduct at least ten restoration evaluations under Minnesota Statutes, section 114D.50, subdivision 6.

 

(i) $2,270,000 the first year and $2,270,000 the second year are for assistance, oversight, and grants to local governments to transition local water management plans to a watershed approach as provided for in Minnesota Statutes, chapters 103B, 103C, 103D, and 114D.


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(j) $7,500,000 the second year is to purchase and restore permanent conservation sites via easements or contracts to treat and store water on the land for water quality improvement purposes and related technical assistance.  This work may be done in cooperation with the United States Department of Agriculture with a first-priority use to accomplish a conservation reserve enhancement program, or equivalent, in the state.  Up to $397,000 is for deposit in a monitoring and enforcement account.

 

(k) $1,750,000 the first year and $1,750,000 the second year are to purchase permanent conservation easements to protect lands adjacent to public waters with good water quality but threatened with degradation.  Up to $338,000 is for deposit in a monitoring and enforcement account.

 

(l) $213,000 the first year and $213,000 the second year are for a program including grants and contracts to systematically collect data and produce county, watershed, and statewide estimates of soil erosion caused by water and wind along with tracking adoption of conservation measures, including cover crops, to address erosion.  Up to $175,000 each year is available for grants to or contracts with the University of Minnesota to complete this work.

 

(m) $1,000,000 the first year and $1,000,000 the second year are for grants or contracts to local, regional, or tribal government and nongovernmental organizations to increase citizen participation in implementing water quality projects and programs to increase long-term sustainability of water resources.

 

(n) $500,000 the first year is for grants to enhance landowner adoption of cover crops in areas with direct benefits to public water supplies.

 

(o) The board must contract for delivery of services with Conservation Corps Minnesota for restoration, maintenance, and other activities under this section for up to $500,000 the first year and up to $500,000 the second year.

 

(p) The board may shift grant, cost-share, or easement funds in this section and may adjust the technical and administrative assistance portion of the funds to leverage federal or other nonstate funds or to address oversight responsibilities or high-priority drinking water needs.

 

(q) The board must require grantees to specify the outcomes that will be achieved by the grants before any grant awards.

 

(r) The appropriations in this section are available until June 30, 2024, except grant funds are available for five years after the date a grant is executed.  Returned grant funds must be regranted consistent with the purposes of this section.


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Sec. 8.  DEPARTMENT OF HEALTH

 

$8,822,000

 

$12,764,000

 

(a) $3,300,000 the first year and $7,242,000 the second year are for addressing public health concerns related to contaminants found in Minnesota drinking water for which no health-based drinking water standards exist; for developing and adopting at least eight health risk limits consistent with Minnesota Statutes, section 144.0751; for improving the department's capacity to monitor the water quality of drinking water sources, including establishing and implementing water quality monitoring protocols for surface waters used as a drinking water source; to develop interventions to improve water quality; and for the department's laboratory to analyze unregulated contaminants.  By January 15, 2020, the commissioner of health must submit a preliminary report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over health policy and environment and natural resources finance and policy that identifies the health risk limits to be developed, the water quality monitoring protocols to be implemented, the surface waters to be tested, and the list of contaminants to be tested for.  A final report detailing the outcomes of this appropriation and recommendations must be submitted by the commissioner to the chairs and ranking minority members by January 15, 2022.

 

(b) $2,747,000 the first year and $2,747,000 the second year are for protecting drinking water sources.

 

(c) $250,000 the first year and $250,000 the second year are for cost-share assistance to public and private well owners for up to 50 percent of the cost of sealing unused wells.

 

(d) $650,000 the first year and $650,000 the second year are to develop and deliver groundwater restoration and protection strategies on a watershed scale for use in local comprehensive water planning efforts, to provide resources to local governments for activities that protect sources of drinking water, and to enhance approaches that improve the capacity of local governmental units to protect and restore groundwater resources.

 

(e) $1,000,000 the first year and $1,000,000 the second year are for studying the occurrence and magnitude of contaminants in private wells, including microplastics and nanoplastics, and developing guidance, outreach, and interventions to reduce risks to private‑well owners.

 

(f) $250,000 the first year and $250,000 the second year are for evaluating and addressing the risks from viruses, bacteria, and protozoa in groundwater supplies and for evaluating land uses that may contribute to contamination of public water systems with these pathogens.


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(g) $350,000 the first year and $350,000 the second year are to develop public health policies and an action plan to address threats to safe drinking water, including development of a statewide plan for protecting drinking water.

 

(h) $275,000 the first year and $275,000 the second year are to create a road map for water reuse implementation in Minnesota and to address research gaps by studying Minnesota water reuse systems.

 

(i) Unless otherwise specified, the appropriations in this section are available until June 30, 2023.

 

Sec. 9.  METROPOLITAN COUNCIL

 

$2,890,000

 

$1,500,000

 

(a) $1,000,000 the first year and $1,000,000 the second year are to implement projects that address emerging threats to the drinking water supply, provide cost-effective regional solutions, leverage interjurisdictional coordination, support local implementation of water supply reliability projects, and prevent degradation of groundwater resources in the metropolitan area.  These projects will provide communities with:

 

(1) potential solutions to leverage regional water use by using surface water, storm water, wastewater, and groundwater;

 

(2) an analysis of infrastructure requirements for different alternatives;

 

(3) development of planning-level cost estimates, including capital costs and operating costs;

 

(4) identification of funding mechanisms and an equitable cost‑sharing structure for regionally beneficial water supply development projects; and

 

(5) development of subregional groundwater models.

 

(b) $500,000 the first year and $500,000 the second year are for the water demand reduction grant program to encourage municipalities in the metropolitan area to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies.

 

(c) $1,390,000 the first year is for grants or loans for local inflow and infiltration reduction programs addressing high-priority areas in the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2.


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Sec. 10.  UNIVERSITY OF MINNESOTA

 

$1,500,000

 

$1,500,000

 

(a) $500,000 the first year and $500,000 the second year are for developing county geologic atlases.  This appropriation is available until June 30, 2026.

 

(b) $750,000 the first year and $750,000 the second year are for a program to evaluate performance and technology transfer for municipal storm water best management practices, to evaluate best management performance and effectiveness to support meeting total maximum daily loads, to develop standards and incorporate state-of-the-art guidance using minimal impact design standards as the model, and to implement a system to transfer knowledge and technology across local government, industry, and regulatory sectors.  This appropriation is available until June 30, 2026.

 

(c) $250,000 the first year and $250,000 the second year are to increase the efficacy and cost-effectiveness of nutrient reduction strategies by developing comprehensive carp management programs and documenting their effectiveness.

 

Sec. 11.  LEGISLATURE

 

$9,000

 

$-0-

 

$9,000 the first year is for the Legislative Coordinating Commission for the website required under Minnesota Statutes, section 3.303, subdivision 10.

 

Sec. 12.  Minnesota Statutes 2018, section 114D.30, is amended by adding a subdivision to read:

 

Subd. 8.  Legislative oversight.  The chairs of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources finance and the clean water fund must convene a joint hearing to review the activities and evaluate the effectiveness of the Clean Water Council and to receive reports on the council from the legislative auditor no later than June 30, 2020, and every four years thereafter.

 

ARTICLE 3

CLEAN WATER LEGACY ACT MODIFICATIONS

 

Section 1.  Minnesota Statutes 2018, section 103B.3369, subdivision 5, is amended to read:

 

Subd. 5.  Financial assistance.  A base grant may be awarded to a county that provides a match utilizing a water implementation tax or other local source.  A water implementation tax that a county intends to use as a match to the base grant must be levied at a rate sufficient to generate a minimum amount determined by the board.  The board may award performance-based, watershed-based, or program-based grants or other financial assistance to local units of government that are responsible for implementing elements of applicable portions of watershed management plans, comprehensive plans, local water management plans, or comprehensive watershed management plans, developed or amended, adopted and approved, according to chapter 103B, 103C, or 103D.  Upon request by a local government unit, the board may also award performance-based grants to local units of government to carry out TMDL implementation plans as provided in chapter 114D, if the TMDL implementation plan has been incorporated into the local water management plan according to the procedures for approving comprehensive plans, watershed management plans, local water management plans, or comprehensive watershed management plans under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone a public review process. 


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Notwithstanding section 16A.41, the board may award performance-based, watershed-based, or program-based grants or other financial assistance on an advanced basis and may prescribe the amount of local match required.  The fee authorized in section 40A.152 may be used as a local match or as a supplement to state funding to accomplish implementation of comprehensive plans, watershed management plans, local water management plans, or comprehensive watershed management plans under this chapter and chapter 103C or 103D Performance measures must be included in grant work plans.  The board may enter into intergovernmental agreements to provide funding for water management to local governments.

 

Sec. 2.  Minnesota Statutes 2018, section 103B.3369, subdivision 9, is amended to read:

 

Subd. 9.  Performance-based Criteria.  (a) The board shall must develop and utilize use performance-based criteria for local water resources restoration, protection, and management programs and projects.  The criteria may include but are not limited to science-based assessments, organizational capacity, priority resource issues, community outreach and support, partnership potential, potential for multiple benefits, and program and project delivery efficiency and effectiveness.

 

(b) Notwithstanding paragraph (a), the board may develop and use eligibility criteria for state grants or other financial assistance provided to local governments.

 

Sec. 3.  Minnesota Statutes 2018, section 103B.801, subdivision 2, is amended to read:

 

Subd. 2.  Program purposes.  The purposes of the comprehensive watershed management plan program under section 103B.101, subdivision 14, paragraph (a), are to:

 

(1) align local water planning purposes and procedures under this chapter and chapters 103C and 103D on watershed boundaries to create a systematic, watershed-wide, science-based approach to watershed management;

 

(2) acknowledge and build off existing local government structure, water plan services, and local capacity;

 

(3) incorporate and make use of data and information, including watershed restoration and protection strategies under section 114D.26, which may serve to fulfill all or some of the requirements under chapter 114D;

 

(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;

 

(5) focus on implementation of prioritized and targeted actions capable of achieving measurable progress; and

 

(6) serve as a substitute for a comprehensive plan, local water management plan, or watershed management plan developed or amended, approved, and adopted, according to this chapter or chapter 103C or 103D.; and

 

(7) protect sensitive groundwater areas as defined in section 103F.511, subdivision 9, and be considered and acknowledged by the commissioner of health as providing wellhead protection measures and supporting wellhead protection planning where relevant.

 

Sec. 4.  Minnesota Statutes 2018, section 103B.801, subdivision 4, is amended to read:

 

Subd. 4.  Plan content.  The board shall develop policies for required comprehensive watershed management plan content consistent with comprehensive local water management planning.  To ensure effectiveness and accountability in meeting the purposes of subdivision 2, plan content must include, at a minimum:

 

(1) an analysis and prioritization of issues and resource concerns;


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(2) measurable goals to address the issues and concerns, including but not limited to:

 

(i) restoration, protection, and preservation of drinking water sources and natural surface water and groundwater storage and retention systems;

 

(ii) minimization of public capital expenditures needed to correct flooding and water quality problems;

 

(iii) restoration, protection, and improvement of surface water and groundwater quality;

 

(iv) establishment of more uniform local policies and official controls for surface water and groundwater management;

 

(v) identification of priority areas for wetland enhancement, restoration, and establishment;

 

(vi) identification of priority areas for riparian zone management and buffers;

 

(vii) prevention of erosion and soil transport into surface water systems;

 

(viii) promotion of groundwater recharge;

 

(ix) protection and enhancement of fish and wildlife habitat and water recreational facilities; and

 

(x) securing other benefits associated with the proper management of surface water and groundwater;

 

(3) a targeted implementation schedule describing at a minimum the actions, locations, timeline, estimated costs, method of measurement, and identification of roles and responsible government units;

 

(4) a description of implementation programs, including how the implementation schedule will be achieved and how the plan will be administered and coordinated between local water management responsibilities; and

 

(5) a land and water resource inventory.

 

Sec. 5.  Minnesota Statutes 2018, section 103B.801, subdivision 5, is amended to read:

 

Subd. 5.  Timelines; administration.  (a) The board shall develop and adopt, by June 30, 2016, a transition plan for development, approval, adoption, and coordination of plans consistent with section 103A.212.  The transition plan must include a goal of completing statewide transition to comprehensive watershed management plans by 2025.  The metropolitan area may be considered for inclusion in the transition plan.  The board may amend the transition plan no more than once every two years.

 

(b) The board may use the authority under section 103B.3369, subdivision 9, to support development or implementation of a comprehensive watershed management plan under this section.

 

Sec. 6.  Minnesota Statutes 2018, section 114D.15, is amended by adding a subdivision to read:

 

Subd. 3a.  Comprehensive local water management plan.  "Comprehensive local water management plan" has the meaning given under section 103B.3363, subdivision 3.


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Sec. 7.  Minnesota Statutes 2018, section 114D.15, is amended by adding a subdivision to read:

 

Subd. 3b.  Comprehensive watershed management plan.  "Comprehensive watershed management plan" has the meaning given under section 103B.3363, subdivision 3a.

 

Sec. 8.  Minnesota Statutes 2018, section 114D.15, subdivision 7, is amended to read:

 

Subd. 7.  Restoration.  "Restoration" means actions, including effectiveness monitoring, that are taken to pursue, achieve, and maintain water quality standards for impaired waters in accordance with a TMDL that has been approved by the United States Environmental Protection Agency under federal TMDL requirements.

 

Sec. 9.  Minnesota Statutes 2018, section 114D.15, subdivision 11, is amended to read:

 

Subd. 11.  TMDL implementation plan.  "TMDL implementation plan" means a document detailing restoration strategies or activities needed to meet the approved TMDL's TMDL pollutant load allocations for point and nonpoint sources.  This could include a WRAPS, a comprehensive watershed management plan, a comprehensive local water management plan, or another document or strategy that the commissioner of the Pollution Control Agency determines to be, in whole or in part, sufficient to provide reasonable assurance of achieving applicable water quality standards.

 

Sec. 10.  Minnesota Statutes 2018, section 114D.15, subdivision 13, is amended to read:

 

Subd. 13.  Watershed restoration and protection strategy or WRAPS.  "Watershed restoration and protection strategy" or "WRAPS" means a document summarizing scientific studies of a major watershed no larger than at approximately a hydrologic unit code 8 including the physical, chemical, and biological assessment of the water quality of the watershed; identification of impairments and water bodies in need of protection; identification of biotic stressors and sources of pollution, both point and nonpoint; TMDLs for the impairments; and an implementation table containing scale with strategies and actions designed to achieve and maintain water quality standards and goals.

 

Sec. 11.  Minnesota Statutes 2018, 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 May 23, 2006, and thereafter to ensure continuing evaluation of surface waters for impairments;

 

(2) to submit TMDLs 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 inform and support strategies for implementing restoration of each identified impaired water and protection activities with the goal that all waters will have achieved the designated uses applicable to those waters by 2040;

 

(4) to systematically evaluate waters, 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;


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(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;

 

(7) to support effective measures to prevent the degradation of groundwater according to the groundwater degradation prevention goal under section 103H.001; and

 

(8) to support effective measures to restore degraded groundwater.

 

Sec. 12.  Minnesota Statutes 2018, 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, multiple pollutant, or watershed TMDLs and TMDL implementation plans, and TMDLs and TMDL implementation plans for multiple pollutants or WRAPSs, where reasonable and feasible;

 

(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 that meets the requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota established by the commissioner of the Pollution Control Agency (2003);

 

(3) maximize opportunities for restoration of degraded groundwater and impaired waters, by prioritizing and targeting of available programmatic, financial, and technical resources and by providing additional state resources to complement and leverage available resources;

 

(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 applicable;

 

(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 waters 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; and

 

(9) identify and encourage implementation of measures to prevent groundwater from becoming degraded and measures that restore groundwater resources.

 

Sec. 13.  Minnesota Statutes 2018, section 114D.20, subdivision 5, is amended to read:

 

Subd. 5.  Priorities for scheduling and preparing WRAPSs and TMDLs.  The commissioner of the Pollution Control Agency must seek recommendations from the Clean Water Council shall recommend, the commissioners of natural resources, health, and agriculture, and the Board of Water and Soil Resources regarding priorities for scheduling and preparing WRAPSs and TMDLs and TMDL implementation plans, taking into account the severity. 


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Recommendations must consider the causes of the impairment impairments, the designated uses of those the waters, and other applicable federal TMDL requirements.  In recommending priorities, the council shall also give consideration to, surface water and groundwater interactions, protection of high-quality waters, waters and watersheds with declining water quality trends, and waters used as drinking water sources.  Furthermore, consideration must be given to waters and watersheds:

 

(1) with impairments that pose have the greatest potential risk to human health;

 

(2) with impairments that pose have the greatest potential risk to threatened or endangered species;

 

(3) with impairments that pose have the greatest potential risk to aquatic health;

 

(4) where other public agencies and participating organizations and individuals, especially local, basinwide basin-wide, watershed, or regional agencies or organizations, have demonstrated readiness to assist in carrying out the responsibilities, including availability and organization of human, technical, and financial resources necessary to undertake the work; and

 

(5) where there is demonstrated coordination and cooperation among cities, counties, watershed districts, and soil and water conservation districts in planning and implementation of activities that will assist in carrying out the responsibilities.

 

Sec. 14.  Minnesota Statutes 2018, 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 waters 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. 15.  Minnesota Statutes 2018, section 114D.20, is amended by adding a subdivision to read:

 

Subd. 8.  Alternatives; TMDL, TMDL implementation plan, or WRAPS.  (a) If the commissioner of the Pollution Control Agency determines that a comprehensive watershed management plan or comprehensive local water management plan contains information that is sufficient and consistent with guidance from the United States Environmental Protection Agency under section 303(d) of the federal Clean Water Act, the commissioner may submit the plan to the Environmental Protection Agency according to federal TMDL requirements as an alternative to developing a TMDL after consultation with affected national pollutant discharge elimination system (NPDES) permit holders.

 

(b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for waters or watersheds when the commissioner of the Pollution Control Agency determines that a comprehensive watershed management plan, a comprehensive local water management plan, or a statewide or regional strategy published by the Pollution Control Agency meets the definition in section 114D.15, subdivision 11 or 13.

 

(c) The commissioner of the Pollution Control Agency may request that the Board of Water and Soil Resources conduct an evaluation of the implementation efforts under a comprehensive watershed management plan or comprehensive local water management plan when the commissioner makes a determination under paragraph (b).  The board must conduct the evaluation in accordance with section 103B.102.

 

(d) The commissioner of the Pollution Control Agency may amend or revoke a determination made under paragraph (a) or (b) after considering the evaluation conducted under paragraph (c).


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Sec. 16.  Minnesota Statutes 2018, section 114D.20, is amended by adding a subdivision to read:

 

Subd. 9.  Coordinating municipal and local water quality activities.  A project, practice, or program for water quality improvement or protection that is conducted by a watershed management organization or a local government unit with a comprehensive watershed management plan or other water management plan approved according to chapter 103B, 103C, or 103D may be considered by the commissioner of the Pollution Control Agency as contributing to the requirements of a storm water pollution prevention program (SWPPP) for a municipal separate storm sewer systems (MS4) permit unless the project, practice, or program was previously documented as contributing to a different SWPPP for an MS4 permit.  The commissioner of health may determine that a comprehensive watershed management plan or a comprehensive local water management plan, in whole or in part, is sufficient to fulfill the requirements of wellhead protection plans.

 

Sec. 17.  Minnesota Statutes 2018, section 114D.26, is amended to read:

 

114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.

 

Subdivision 1.  Contents.  (a) The commissioner of the Pollution Control Agency shall develop watershed restoration and protection strategies.  To ensure effectiveness and accountability in meeting the goals of this chapter, for the purposes of:

 

(1) summarizing the physical, chemical, and biological assessment of the water quality of the watershed;

 

(2) quantifying impairments and risks to water quality;

 

(3) describing the causes of impairments and pollution sources;

 

(4) consolidating TMDLs in a major watershed; and

 

(5) informing comprehensive local water management plans and comprehensive watershed management plans.

 

(b) Each WRAPS shall must:

 

(1) identify impaired waters and waters in need of protection;

 

(2) identify biotic stressors causing impairments or threats to water quality;

 

(3) summarize TMDLs, watershed modeling outputs, and resulting pollution load allocations, wasteload allocations, and priority areas for targeting actions to improve water quality identify areas with high pollutant‑loading rates;

 

(4) identify point sources of pollution for which a national pollutant discharge elimination system permit is required under section 115.03;

 

(5) identify nonpoint sources of pollution for which a national pollutant discharge elimination system permit is not required under section 115.03, with sufficient specificity to prioritize and geographically locate watershed restoration and protection actions;

 

(6) describe the current pollution loading and load reduction needed for each source or source category to meet water quality standards and goals, including wasteload and load allocations from TMDLs;


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(7) contain a plan for ongoing (4) in consultation with local governments and other state agencies, identify water quality monitoring needed to fill data gaps, determine changing conditions, and or gauge implementation effectiveness; and

 

(8) (5) contain an implementation table of strategies and actions that are capable of cumulatively achieving needed pollution load reductions for point and nonpoint sources, including identifying:

 

(i) water quality parameters of concern;

 

(ii) current water quality conditions;

 

(iii) water quality goals, strategies, and targets by parameter of concern; and

 

(iv) strategies and actions by parameter of concern and an example of the scale of adoptions needed for each; with a timeline to meet the water quality restoration or protection goals of this chapter.

 

(v) a timeline for achievement of water quality targets;

 

(vi) the governmental units with primary responsibility for implementing each watershed restoration or protection strategy; and

 

(vii) a timeline and interim milestones for achievement of watershed restoration or protection implementation actions within ten years of strategy adoption.

 

Subd. 1a.  Coordination.  To ensure effectiveness, efficiency, and accountability in meeting the goals of this chapter, the commissioner of the Pollution Control Agency, in consultation with the Board of Water and Soil Resources and local government units, must coordinate the schedule, budget, scope, and use of a WRAPS and related documents and processes.

 

Subd. 2.  Reporting.  Beginning July 1, 2016, and every other year thereafter, the commissioner of the Pollution Control Agency must report on its the agency's website the progress toward implementation milestones and water quality goals for all adopted TMDLs and, where available, WRAPSs.

 

Subd. 3.  Timelines; administration.  Each year, (a) The commissioner of the Pollution Control Agency must complete WRAPSs for at least ten percent of watershed restoration and protection strategies for the state's major watersheds.  WRAPS shall be by June 30, 2023, unless the commissioner determines that a comprehensive watershed management plan or comprehensive local water management plan, in whole or in part, meets the definition in section 114D.15, subdivision 11 or 13.  As needed, the commissioner must update the strategies, in whole or in part, after consulting with the Board of Water and Soil Resources and local government units.

 

(b) Watershed restoration and protection strategies are governed by the procedures for approval and notice in section 114D.25, subdivisions 2 and 4, except that WRAPS the strategies need not be submitted to the United States Environmental Protection Agency.

 

Sec. 18.  Minnesota Statutes 2018, section 114D.35, subdivision 1, is amended to read:

 

Subdivision 1.  Public and stakeholder participation.  (a) Public agencies and private entities involved in the implementation of implementing this chapter shall must encourage participation by the public and stakeholders, including local citizens, landowners and, land managers, and public and private organizations, in identifying impaired waters, in developing TMDLs, in planning, priority setting, and implementing restoration of impaired waters, in identifying degraded groundwater, and in protecting and restoring groundwater resources.


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(b) In particular, the commissioner of the Pollution Control Agency shall must 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 114D.15, subdivision 7 and to inform and consult with the public and stakeholders in developing a WRAPS or TMDL.

 

(c) Public agencies and private entities using public funds that are involved in implementing restoration and protection identified in a comprehensive watershed management plan or comprehensive local water management plan must make efforts to inform, consult, and involve the public and stakeholders.

 

(d) The commissioner of the Pollution Control Agency and the Board of Water and Soil Resources must coordinate public and stakeholder participation in consultation with local government units.  To the extent practicable, implementation of this chapter must be accomplished in cooperation with local, state, federal, and tribal governments and private-sector organizations.

 

Sec. 19.  Minnesota Statutes 2018, section 114D.35, subdivision 3, is amended to read:

 

Subd. 3.  Education.  The Clean Water Council shall must develop strategies for informing, educating, and encouraging the participation of citizens, stakeholders, and others regarding the identification of impaired waters, development of TMDLs, development of TMDL implementation plans, implementation of restoration for impaired waters, identification of degraded groundwater, and protection and restoration of groundwater resources this chapter.  Public agencies shall be are responsible for implementing the strategies.

 

Sec. 20.  [114D.47] NONPOINT FUNDING ALTERNATIVE.

 

Notwithstanding section 114D.50, subdivision 3a, the Board of Water and Soil Resources may, by board order, establish alternative timelines or content for the priority funding plan for nonpoint sources under section 114D.50, subdivision 3a, and may use information from comprehensive watershed management plans or comprehensive local water management plans to estimate or summarize costs.

 

ARTICLE 4

PARKS AND TRAILS FUND

 

Section 1.  PARKS AND TRAILS FUND APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the parks and trails fund and are available for the fiscal years indicated for each purpose.  The figures "2020" and "2021" used in this article mean that the appropriations listed under the figure are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.  "The first year" is fiscal year 2020.  "The second year" is fiscal year 2021.  "The biennium" is fiscal years 2020 and 2021.  All appropriations in this article are onetime.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2020

2021

 

Sec. 2.  PARKS AND TRAILS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$50,053,000

 

$51,204,000

 

The amounts that may be spent for each purpose are specified in the following sections.


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Subd. 2.  Availability of Appropriation

 

 

 

 

 

Money appropriated in this article may not be spent on activities unless they are directly related to and necessary for a specific appropriation.  Money appropriated in this article must be spent in accordance with Minnesota Management and Budget's Guidance to Agencies on Legacy Fund Expenditure.  Notwithstanding Minnesota Statutes, section 16A.28, and unless otherwise specified in this article, fiscal year 2020 appropriations are available until June 30, 2022, and fiscal year 2021 appropriations are available until June 30, 2023.  If a project receives federal funds, the period of the appropriation is extended to equal the availability of federal funding.

 

Subd. 3.  Disability Access

 

 

 

 

 

Where appropriate, grant recipients of parks and trails funds, in consultation with the Council on Disability and other appropriate governor-appointed disability councils, boards, committees, and commissions, should make progress toward providing people with disabilities greater access to programs, print publications, and digital media related to the programs the recipient funds using appropriations made in this article.

 

Sec. 3.  DEPARTMENT OF NATURAL RESOURCES

$30,229,000

 

$30,927,000

 

(a) $19,820,000 the first year and $20,277,000 the second year are for state parks, recreation areas, and trails to:

 

(1) connect people to the outdoors;

 

(2) acquire land and create opportunities;

 

(3) maintain existing holdings; and

 

(4) improve cooperation by coordinating with partners to implement the 25-year long-range parks and trails legacy plan.

 

(b) $9,910,000 the first year and $10,139,000 the second year are for grants for parks and trails of regional significance outside the seven-county metropolitan area under Minnesota Statutes, section 85.535.  The grants awarded under this paragraph must be based on the lists of recommended projects submitted to the legislative committees under Minnesota Statutes, section 85.536, subdivision 10, from the Greater Minnesota Regional Parks and Trails Commission established under Minnesota Statutes, section 85.536.  Grants funded under this paragraph must support parks and trails of regional or statewide significance that meet the applicable definitions and criteria for regional parks and trails contained in the Greater Minnesota Regional Parks and Trails Strategic Plan adopted by the Greater Minnesota Regional Parks and Trails


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Commission on April 22, 2015.  Grant recipients identified under this paragraph must submit a grant application to the commissioner of natural resources.  Up to 2.5 percent of the appropriation may be used by the commissioner for the actual cost of issuing and monitoring the grants for the commission.  Of the amount appropriated, $450,000 the first year and $450,000 the second year are for the Greater Minnesota Regional Parks and Trails Commission to carry out its duties under Minnesota Statutes, section 85.536, including the continued development of a statewide system plan for regional parks and trails outside the seven-county metropolitan area.

 

(c) By January 15, 2020, the Greater Minnesota Regional Parks and Trails Commission must submit a list of projects that contains the commission's recommendations for funding from the parks and trails fund for fiscal year 2021 to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources and the parks and trails fund.

 

(d) By January 15, 2020, the Greater Minnesota Regional Parks and Trails Commission must submit a report that contains the commission's criteria for funding from the parks and trails fund, including the criteria used to determine if a park or trail is of regional significance, to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources and the parks and trails fund.

 

(e) $499,000 the first year and $511,000 the second year are for coordination and projects between the department, the Metropolitan Council, and the Greater Minnesota Regional Parks and Trails Commission; enhanced web-based information for park and trail users; and support of activities of the Parks and Trails Legacy Advisory Committee.

 

(f) The commissioner must contract for services with Conservation Corps Minnesota for restoration, maintenance, and other activities under this section for at least $1,000,000 the first year and $1,000,000 the second year.

 

(g) The implementing agencies receiving appropriations under this section must give consideration to contracting with Conservation Corps Minnesota for restoration, maintenance, and other activities.

 

Sec. 4.  METROPOLITAN COUNCIL

 

$19,820,000

 

$20,277,000

 

(a) $19,820,000 the first year and $20,277,000 the second year are for distribution according to Minnesota Statutes, section 85.53, subdivision 3.


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(b) Money appropriated under this section and distributed to implementing agencies must be used only to fund the list of projects approved by the elected representatives of each of the metropolitan parks implementing agencies.  Projects funded by the money appropriated under this section must be substantially consistent with the project descriptions and dollar amounts approved by each elected body.  Any money remaining after completing the listed projects may be spent by the implementing agencies on projects to support parks and trails.

 

(c) Grant agreements entered into by the Metropolitan Council and recipients of money appropriated under this section must ensure that the money is used to supplement and not substitute for traditional sources of funding.

 

(d) The implementing agencies receiving appropriations under this section must give consideration to contracting with Conservation Corps Minnesota for restoration, maintenance, and other activities.

 

Sec. 5.  LEGISLATURE

 

$4,000

 

$-0-

 

$4,000 the first year is for the Legislative Coordinating Commission for the website required under Minnesota Statutes, section 3.303, subdivision 10.

 

Sec. 6.  ST. LOUIS AND LAKE COUNTIES REGIONAL RAILROAD AUTHORITY; GRANT EXTENSION.

 

The portion of the fiscal year 2017 appropriation from the parks and trails fund from Laws 2015, First Special Session chapter 2, article 3, section 3, paragraph (b), designated for a grant to the St. Louis and Lake Counties Regional Railroad Authority for a segment of the Mesabi Trail is available until June 30, 2021.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 5

ARTS AND CULTURAL HERITAGE FUND

 

Section 1.  ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the entities and for the purposes specified in this article.  The appropriations are from the arts and cultural heritage fund and are available for the fiscal years indicated for allowable activities under the Minnesota Constitution, article XI, section 15.  The figures "2020" and "2021" used in this article mean that the appropriations listed under the figure are available for the fiscal year ending June 30, 2020, and June 30, 2021, respectively.  "The first year" is fiscal year 2020.  "The second year" is fiscal year 2021.  "The biennium" is fiscal years 2020 and 2021.  All appropriations in this article are onetime.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2020

2021

 

Sec. 2.  ARTS AND CULTURAL HERITAGE

 

 

 

 

 

Subdivision 1.  Total Appropriation

$ 69,254,000

$ 70,518,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.


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Subd. 2.  Availability of Appropriation

 

 

 

 

 

Money appropriated in this article may not be spent on activities unless they are directly related to and necessary for a specific appropriation.  Money appropriated in this article must not be spent on institutional overhead charges that are not directly related to and necessary for a specific appropriation.  Money appropriated in this article must be spent in accordance with Minnesota Management and Budget's Guidance to Agencies on Legacy Fund Expenditures.  Notwithstanding Minnesota Statutes, section 16A.28, and unless otherwise specified in this article, fiscal year 2020 appropriations are available until June 30, 2021, and fiscal year 2021 appropriations are available until June 30, 2022.  If a project receives federal funds, the period of the appropriation is extended to equal the availability of federal funding.

 

Subd. 3.  Minnesota State Arts Board

 

32,550,000

 

33,143,000

 

(a) These amounts are appropriated to the Minnesota State Arts Board for arts, arts education, arts preservation, and arts access.  Grant agreements entered into by the Minnesota State Arts Board and other recipients of appropriations in this subdivision must ensure that these funds are used to supplement and not substitute for traditional sources of funding.  Each grant program established in this appropriation must be separately administered from other state appropriations for program planning and outcome measurements, but may take into consideration other state resources awarded in the selection of applicants and grant award size.

 

(b) Arts and Arts Access Initiatives

 

 

 

 

 

$26,040,000 the first year and $26,514,000 the second year are to support Minnesota artists and arts organizations in creating, producing, and presenting high-quality arts activities; to preserve, maintain, and interpret art forms and works of art so that they are accessible to Minnesota audiences; to overcome barriers to accessing high-quality arts activities; and to instill the arts into the community and public life in this state.

 

(c) Arts Education

 

 

 

 

 

$4,883,000 the first year and $4,971,000 the second year are for high-quality, age-appropriate arts education for Minnesotans of all ages to develop knowledge, skills, and understanding of the arts.

 

(d) Arts and Cultural Heritage

 

 

 

 

 

$1,627,000 the first year and $1,658,000 the second year are for events and activities that represent, preserve, and maintain the diverse cultural arts traditions, including folk and traditional artists and art organizations, represented in this state.


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(e) Up to $2,960,000 of the funds appropriated in paragraphs (b) to (d) may be used by the board for administering grant programs, delivering technical services, providing fiscal oversight for the statewide system, and ensuring accountability in fiscal year 2020 and fiscal year 2021.

 

(f) Up to 30 percent of the remaining total appropriation to each of the categories listed in paragraphs (b) to (d) is for grants to the regional arts councils.  Notwithstanding any other provision of law, regional arts council grants or other arts council grants for touring programs, projects, or exhibits must ensure the programs, projects, or exhibits are able to tour in their own region as well as all other regions of the state.

 

(g) Any unencumbered balance remaining under this subdivision the first year does not cancel but is available the second year.

 

Subd. 4.  Minnesota Historical Society

 

16,298,000

 

17,650,000

 

(a) These amounts are appropriated to the governing board of the Minnesota Historical Society to preserve and enhance access to Minnesota's history and its cultural and historical resources.  Grant agreements entered into by the Minnesota Historical Society and other recipients of appropriations in this subdivision must ensure that these funds are used to supplement and not substitute for traditional sources of funding.  Funds directly appropriated to the Minnesota Historical Society must be used to supplement and not substitute for traditional sources of funding.  Notwithstanding Minnesota Statutes, section 16A.28, for historic preservation projects that improve historic structures, the amounts are available until June 30, 2023.  The Minnesota Historical Society or grant recipients of the Minnesota Historical Society using arts and cultural heritage funds under this subdivision must give consideration to Conservation Corps Minnesota and Northern Bedrock Historic Preservation Corps, or an organization carrying out similar work, for projects with the potential to need historic preservation services.

 

(b) Historical Grants and Programs

 

 

 

 

 

(1) Statewide Historic and Cultural Grants

 

 

 

 

 

$6,564,000 the first year and $7,064,000 the second year are for statewide historic and cultural grants to local, county, regional, or other historical or cultural organizations or for activities to preserve significant historic and cultural resources.  Money must be distributed through a competitive grant process.  The Minnesota Historical Society must administer the money using established grant mechanisms with assistance from the advisory committee created under Laws 2009, chapter 172, article 4, section 2, subdivision 4, paragraph (b), item (ii).


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(i) Of this amount, $150,000 the first year is for a grant to the commissioner of natural resources to maintain the history of the Grindstone River Dam at Hinckley.

 

(ii) Up to $200,000 the first year may be used by the Minnesota Historical Society to provide education and programming or for grants to local historical societies, libraries, and cities to commemorate the 100th anniversary of passage of the 19th Amendment, with a portion of the grants highlighting the experience of women of color and Native American women in Minnesota.

 

(2) Statewide History Programs

 

 

 

 

 

$6,339,000 the first year and $7,014,000 the second year are for historic and cultural programs and purposes related to the heritage of the state.

 

(i) Of this amount, $250,000 each year must be used by the Board of Directors of the Minnesota Historical Society to either produce or purchase and to distribute a book to engage and educate elementary school students on Minnesota's natural resources, legacy, culture, and history.  The book should be made available for free to educators and libraries and through state historical society sites to provide to a targeted grade of elementary school students.

 

(ii) Of this amount, $25,000 the first year must be used by the Board of Directors of the Minnesota Historical Society to work in collaboration with programs and organizations funded through the arts and cultural heritage fund, including but not limited to the State Arts Board, the Minnesota Humanities Center, and other groups, to develop a second ten-year plan for the arts and cultural heritage fund that includes goals and measurable outcomes for future funding.  The ten-year plan must include goals and measurable outcomes that guide the legislature in awarding money and addressing the needs of underserved communities.

 

The governing board of the Minnesota Historical Society, in collaboration with recipients of arts and cultural heritage funding including but not limited to the State Arts Board, the Minnesota Humanities Center, and other groups, must also review and amend the 25-year framework for the arts and cultural heritage fund to include in the purposes of the framework the importance of American Indian history and culture to the state of Minnesota and the continuing need to celebrate and engage communities with American Indian history, arts, and culture.  The governing board of the Minnesota Historical Society must report to the legislative committees with jurisdiction over the arts and cultural heritage fund no later than March 1, 2020, with a second ten-year plan and an amended 25-year framework for the arts and cultural heritage fund.


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(3) History Partnerships

 

 

 

 

 

$2,428,000 the first year and $2,632,000 the second year are for history partnerships involving multiple organizations, which may include the Minnesota Historical Society, to preserve and enhance access to Minnesota's history and cultural heritage in all regions of the state.

 

(4) Statewide Survey of Historical and Archaeological Sites

 

 

 

 

$520,000 the first year and $564,000 the second year are for one or more contracts to be competitively awarded to conduct statewide surveys or investigations of Minnesota's sites of historical, archeological, and cultural significance.  Results of the surveys or investigations must be published in a searchable form and available to the public cost-free.  The Minnesota Historical Society, the Office of the State Archeologist, the Indian Affairs Council, and the State Historic Preservation Office must each appoint a representative to an oversight board to select contractors and direct the conduct of the surveys or investigations.  The oversight board must consult with the Departments of Transportation and Natural Resources.

 

(5) Digital Library

 

 

 

 

 

$347,000 the first year and $376,000 the second year are for a digital library project to preserve, digitize, and share Minnesota images, documents, and historical materials.  The Minnesota Historical Society must cooperate with the Minitex interlibrary loan system and must jointly share this appropriation for these purposes.

 

(6) Grants

 

 

 

 

 

$100,000 the first year is for a grant to the Litchfield Opera House to restore and renovate the historic Litchfield Opera House.

 

(c) Any unencumbered balance remaining under this subdivision the first year does not cancel but is available the second year.

 

Subd. 5.  Department of Education

 

2,550,000

 

2,550,000

 

(a) $2,500,000 each year is appropriated to the commissioner of education for grants to the 12 Minnesota regional library systems to provide educational opportunities in the arts, history, literary arts, and cultural heritage of Minnesota.  This money must be allocated using the formulas in Minnesota Statutes, section 134.355, subdivisions 3, 4, and 5, with the remaining 25 percent to be distributed to all qualifying systems in an amount proportionate to the number of qualifying system entities in each system.  For purposes of this subdivision, "qualifying system entity" means a


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public library, a regional library system, a regional library system headquarters, a county, or an outreach service program.  This money may be used to sponsor programs provided by regional libraries or to provide grants to local arts and cultural heritage programs for programs in partnership with regional libraries.  This money must be distributed in ten equal payments per year.  Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2021, as grants or contracts in this subdivision are available until June 30, 2023.

 

(b) $50,000 each year is appropriated to the commissioner of education for a water safety grant program.  The commissioner of education must determine the criteria for allocating grants among eligible applicants.  Grant awards must be used for the following purposes:

 

(1) to provide low-income and at-risk children with scholarships for swimming lessons based on nationally recognized water safety curriculum;

 

(2) to hire water safety instructors or lifeguards; or

 

(3) to train water safety instructors or lifeguards in nationally recognized water safety practices and instruction.

 

Subd. 6.  Department of Administration

 

10,425,000

 

9,775,000

 

(a) These amounts are appropriated to the commissioner of administration for grants to the named organizations for the purposes specified in this subdivision.  The commissioner of administration may use a portion of this appropriation for costs that are directly related to and necessary to the administration of grants in this subdivision.

 

(b) Grant agreements entered into by the commissioner and recipients of appropriations under this subdivision must ensure that money appropriated in this subdivision is used to supplement and not substitute for traditional sources of funding.

 

(c) Minnesota Public Radio

 

 

 

 

 

$1,700,000 each year is for Minnesota Public Radio to create programming and expand news service on Minnesota's cultural heritage and history.

 

(d) Association of Minnesota Public Educational Radio Stations

 

 

 

 

$1,700,000 each year is to the Association of Minnesota Public Educational Radio Stations for production and acquisition grants in accordance with Minnesota Statutes, section 129D.19.


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(e) Public Television

 

 

 

 

 

$4,025,000 each year is to the Minnesota Public Television Association for production and acquisition grants according to Minnesota Statutes, section 129D.18.  Of this amount, $250,000 each year is for a grant to Twin Cities Public Television to produce Minnesota Journeys:  Capturing, Sharing, and Undertaking Our Immigration History.

 

(f) Wilderness Inquiry

 

 

 

 

 

$250,000 each year is to Wilderness Inquiry to preserve Minnesota's outdoor history, culture, and heritage by connecting Minnesota youth to natural resources.

 

(g) Como Park Zoo

 

 

 

 

 

$1,350,000 each year is to the Como Park Zoo and Conservatory for program development that features education programs and habitat enhancement, special exhibits, music appreciation programs, and historical garden access and preservation. 

 

(h) Science Museum of Minnesota

 

 

 

 

 

$600,000 each year is to the Science Museum of Minnesota for arts, arts education, and arts access and to preserve Minnesota's history and cultural heritage, including student and teacher outreach, statewide educational initiatives, and community-based exhibits that preserve Minnesota's history and cultural heritage.

 

(i) Great Lakes Aquarium

 

 

 

 

 

$250,000 the first year is to the Lake Superior Center to prepare and construct an exhibit demonstrating the role of water in Minnesota's history and cultural heritage.

 

(j) Lake Superior Zoo

 

 

 

 

 

$75,000 each year is to the Lake Superior Zoo to develop educational exhibits and programs.

 

(k) Midwest Outdoors Unlimited

 

 

 

 

 

$25,000 each year is to Midwest Outdoors Unlimited to preserve Minnesota's outdoor history, culture, and heritage by connecting individuals and youth with disabilities to the state's natural resources.


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(l) Phalen Park China Garden

 

 

 

 

 

$400,000 the first year is to the Minnesota China Friendship Garden Society to develop the Chinese garden in Phalen Park in collaboration with local artists and members of the local Hmong community.

 

(m) Green Giant Museum

 

 

 

 

 

$50,000 each year is to the city of Blue Earth for exhibits and programming for the Green Giant Museum to preserve the culture and agricultural history of Minnesota.

 

Subd. 7.  Minnesota Zoo

 

1,750,000

 

1,750,000

 

These amounts are appropriated to the Minnesota Zoological Board for programs at and development of the Minnesota Zoological Garden and to provide access and education related to programs on the cultural heritage of Minnesota.

 

Subd. 8.  Minnesota Humanities Center

 

3,025,000

 

3,000,000

 

(a) These amounts are appropriated to the Board of Directors of the Minnesota Humanities Center for the purposes specified in this subdivision.  The Minnesota Humanities Center may use up to 4.5 percent of the following grants to cover the cost of administering, planning, evaluating, and reporting these grants.  The Minnesota Humanities Center must develop a written plan to issue the grants under this subdivision and must submit the plan for review and approval by the commissioner of administration.  The written plan must require the Minnesota Humanities Center to create and adhere to grant policies that are similar to those established according to Minnesota Statutes, section 16B.97, subdivision 4, paragraph (a), clause (1).

 

No grants awarded under this subdivision may be used for travel outside the state of Minnesota.  The grant agreement must specify the repercussions for failing to comply with the grant agreement.

 

(b) Programs and Purposes

 

 

 

 

 

$1,100,000 each year is for programs and purposes of the Minnesota Humanities Center, including the kindergarten through grade 12 education activities and professional development events, the Veterans' Voices program, and the "Why Treaties Matter" exhibits and programming.


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(c) Children's Museum Grants

 

 

 

 

 

$1,150,000 the first year and $1,150,000 the second year are for grants to children's museums for arts and cultural exhibits and related educational outreach programs.

 

Of this amount:

 

(1) $500,000 each year is for the Minnesota Children's Museum for interactive exhibits and outreach programs on arts and cultural heritage, including the Minnesota Children's Museum in Rochester;

 

(2) $150,000 each year is for the Duluth Children's Museum to develop new, regionally significant, educational exhibits and programs;

 

(3) $150,000 each year is for the Grand Rapids Children's Museum to design and build interactive exhibits and develop a hands-on learning outreach program;

 

(4) $150,000 each year is for the Southern Minnesota Children's Museum to increase access and engagement for diverse audiences through museum programs and exhibits that promote Minnesota arts, culture, and history;

 

(5) $150,000 each year is to Great River Children's Museum for regionally significant, interactive exhibits and outreach programs on arts and cultural heritage, including redesign and development;

 

(6) $50,000 the first year and $25,000 the second year are for the Wheel and Cog Children's Museum of Hutchinson for interactive exhibits, education, and access programs on arts and cultural heritage; and

 

(7) $25,000 each year is for the Region 5 Children's Museum to develop programming and new educational exhibits in arts and cultural heritage.

 

(d) American Indian Legacy Grant Program

 

 

 

 

 

$250,000 each year is for the American Indian legacy grant program.  The Minnesota Humanities Center must evaluate, coordinate, and administer a grant program to provide funding to individuals and organizations in the Minnesota American Indian community.  The grant program must work with members of the American Indian community to develop goals and criteria for evaluating projects and awarding money.  The grant program must reach members of the American Indian community in the seven‑county metropolitan area and throughout the state of Minnesota.  The American Indian legacy grant program must:


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(1) issue grants to American Indian artists to develop their work or to provide education and opportunities to the public related to their art or cultural heritage in Minnesota;

 

(2) issue grants to American Indian organizations to support artists or to provide educational opportunities and public events related to American Indian arts, heritage, and culture; and

 

(3) hold workshops and provide assistance to American Indian artists and arts programs for capacity building for projects and programs related to Minnesota's arts, culture, and heritage.

 

(e) Hmong Cultural Events and Programming Grants

 

 

 

 

 

$250,000 each year is for grants to one or more community organizations that provide arts and cultural heritage programming celebrating Hmong heritage.  Museums, nonprofit organizations, and arts and cultural organizations are eligible to apply for competitive grants under this grant program.  Preference must be given to organizations that provide artist programming and artist and crafting educational instruction to seniors and youth and programs that have workshops, mentoring programs, exhibits, or community engagement events related to Hmong culture and heritage in Minnesota.

 

(f) Somali Community and Museum Cultural Grants

 

 

 

 

 

$250,000 each year is for a grant to one or more community organizations that provide Somali-based collaborative programs for arts and cultural heritage.  The Somali Museum of Minnesota may apply for a grant under this paragraph.  The money must be used for programs to provide arts and humanities education and workshops, mentor programs, classes, exhibits, presentations, community engagement events, and outreach about the Somali community and heritage in Minnesota.

 

Subd. 9.  Indian Affairs Council

 

2,150,000

 

2,150,000

 

$2,150,000 each year is appropriated to the Indian Affairs Council for grants for preserving Dakota and Ojibwe Indian languages and for protecting Indian graves.  The money must be distributed as follows:

 

(1) $750,000 each year is to provide grants to Minnesota Tribal Nations to preserve Dakota and Ojibwe Indian languages and to foster education programs and services for Dakota and Ojibwe languages;

 

(2) $500,000 each year is for grants to Dakota and Ojibwe Indian language immersion educational institutions;


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(3) $750,000 each year is to provide grants to preserve the Dakota and Ojibwe Indian languages through support of projects and services and to support educational programs and immersion efforts in Dakota and Ojibwe Indian languages;

 

(4) $50,000 each year is to the Indian Affairs Council for a Dakota and Ojibwe Indian language working group coordinated by the Indian Affairs Council; and

 

(5) $100,000 each year is to carry out responsibilities under Minnesota Statutes, section 307.08, to comply with Public Law 101‑601, the Native American Graves Protection and Repatriation Act.

 

Subd. 10.  University of Minnesota

 

250,000

 

250,000

 

These amounts are appropriated to the Board of Regents of the University of Minnesota for a grant to the Bell Museum, Minnesota's museum of natural history, to increase access to Minnesota's history and cultural heritage by providing funding for access to people with disabilities and to expand access to culturally and linguistically diverse communities.

 

Subd. 11.  Department of Agriculture

 

250,000

 

250,000

 

These amounts are appropriated to the commissioner of agriculture for grants to county agricultural societies to enhance arts access and education and to preserve and promote Minnesota's history and cultural heritage as embodied in its county fairs.  The grants are in addition to the aid distribution to county agricultural societies under Minnesota Statutes, section 38.02.  The commissioner of agriculture must develop grant-making criteria and guidance for expending money under this subdivision to provide funding for projects and events that provide access to the arts or the state's agricultural, historical, and cultural heritage.  The commissioner must seek input from all interested parties.

 

Subd. 12.  Legislative Coordinating Commission

 

6,000

 

-0-

 

This amount is appropriated to the Legislative Coordinating Commission to maintain the website required under Minnesota Statutes, section 3.303, subdivision 10.

 

ARTICLE 6

GENERAL PROVISIONS; ALL LEGACY FUNDS

 

Section 1.  [15.431] COMPLIANCE WITH CONSTITUTIONAL REQUIREMENT FOR LEGACY FUNDS.

 

To ensure compliance with the requirement in the Minnesota Constitution, article XI, section 15, that money dedicated under that section must supplement traditional sources of funding and may not be used as a substitute, the legislature must not appropriate money nor may an agency grant money to an individual or entity requesting money from the outdoor heritage fund, clean water fund, parks and trails fund, or arts and cultural heritage fund, without


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written assurance from the individual or entity that the individual or entity will not use the money to fund expenses for a purpose that the individual or entity previously funded with a traditional source of funding.  For the purposes of this section, "traditional source of funding" means a source other than the outdoor heritage fund, clean water fund, parks and trails fund, or arts and cultural heritage fund that the individual or entity used three out of the past five years to pay for expenses related to the same purpose for which the individual or entity has proposed to use money from the outdoor heritage fund, clean water fund, parks and trails fund, or arts and cultural heritage fund."

 

Delete the title and insert:

 

"A bill for an act relating to legacy; appropriating money from outdoor heritage, clean water, arts and cultural heritage, and parks and trails funds; modifying previous appropriations; modifying legislative oversight; modifying Clean Water Legacy Act and Water Law; providing for compliance with constitutional requirements; amending Minnesota Statutes 2018, sections 97A.056, subdivision 7; 103B.3369, subdivisions 5, 9; 103B.801, subdivisions 2, 4, 5; 114D.15, subdivisions 7, 11, 13, by adding subdivisions; 114D.20, subdivisions 2, 3, 5, 7, by adding subdivisions; 114D.26; 114D.30, by adding a subdivision; 114D.35, subdivisions 1, 3; Laws 2015, First Special Session chapter 2, article 1, section 2, subdivision 2, as amended; Laws 2017, chapter 91, article 1, section 2, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 15; 114D."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 2032, A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying previous appropriations; amending Laws 2015, chapter 76, section 2, subdivision 9, as amended; Laws 2017, chapter 96, section 2, subdivision 9.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this act.  The appropriations are from the environment and natural resources trust fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2020" and "2021" used in this act mean that the appropriations listed under them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.  "The first year" is fiscal year 2020.  "The second year" is fiscal year 2021.  "The biennium" is fiscal years 2020 and 2021.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

2019

2020

2021

 

Sec. 2.  MINNESOTA RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

$2,940,000

 

$61,387,000

 

$-0-

 

The amounts that may be spent for each purpose are specified in the following subdivisions.  Appropriations for fiscal year 2019 are available the day following final enactment and are available until


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June 30, 2022, unless otherwise stated in the appropriation.  Appropriations in the first year are available for three years beginning July 1, 2019, unless otherwise stated in the appropriation.  Any unencumbered balance remaining in the first year does not cancel and is available for the second year or until the end of the appropriation. 

 

Subd. 2.  Definition

 

 

 

 

 

"Trust fund" means the Minnesota environment and natural resources trust fund established under the Minnesota Constitution, article XI, section 14. 

 

Subd. 3.  Foundational Natural Resource Data and Information

 

636,000

 

 

9,918,000

 

 

-0-

 

(a) Minnesota Biological Survey

 

 

 

 

 

$1,500,000 the first year is from the trust fund to the commissioner of natural resources for the Minnesota biological survey to complete the statewide field surveys begun in 1987 to provide a foundation for conserving biological diversity by systematically collecting, interpreting, and delivering data on native and rare species, pollinators, and native plant communities throughout Minnesota.  Any revenues generated through the publication of books or other resources created through this appropriation may be reinvested as described in the work plan approved by the Legislative-Citizen Commission on Minnesota Resources according to Minnesota Statutes, section 116P.10.

 

(b) Restoring Native Mussels in Streams and Lakes

 

 

 

 

 

$500,000 the first year is from the trust fund to the commissioner of natural resources to restore native freshwater mussel assemblages, and the ecosystem services they provide, in the Mississippi, Cedar, and Cannon Rivers and to inform the public on mussels and mussel conservation.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(c) Quantifying Exposure of Minnesota's Raptors to Mercury and PFAS

 

 

 

 

$250,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Hawk Ridge Bird Observatory to quantify the exposure and health risk of two environmental neurotoxins to Minnesota raptors.


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(d) Minnesota Trumpeter Swan Migration Ecology and Conservation

 

 

 

 

$300,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to document the movement and habitat use of Minnesota trumpeter swans to provide foundational information necessary for trumpeter swan management and conservation.  This appropriation is available until June 30, 2023, by which time the project must be completed and final products delivered.

 

(e) Spruce Grouse as Indicators for Boreal Forest Connectivity

 

 

 

 

$350,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the Raptor Center to evaluate how to best harvest timber in the boreal forest to enable wildlife with small home ranges, such as spruce grouse, to thrive in a changing landscape.  This appropriation is available until June 30, 2023, by which time the project must be completed and final products delivered.

 

(f) Understanding Brainworm Transmission to Find Solutions for Minnesota Moose Decline

 

 

 

 

$400,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to identify key habitats and vectors of brainworm transmission between deer and moose that may be targeted by resource management to mitigate moose exposure to this deadly condition.

 

(g) Mapping Habitat Use and Disease of Urban Carnivores

 

 

 

 

$500,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to map habitat use and diseases of urban foxes and coyotes, evaluate risks these animals may pose to people and pets, and generate information needed to reduce human-wildlife conflicts.

 

(h) Accelerated Aggregate Resource Mapping

 

 

 

 

 

$700,000 the first year is from the trust fund to the commissioner of natural resources to map the aggregate resource potential for four counties and make this information available in print and electronic format to local units of government for use in planning and zoning.

 

(i) Den Boxes for Fishers and Other Nesting Wildlife

 

 

 

 

 

$190,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute in Duluth to build, install, and evaluate den


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boxes as habitat enhancement for fishers and other cavity-nesting wildlife in managed forests where a lack of large trees may be threatening population survival.  The final outcome for the project must include guidelines and best practices for use of den boxes for fisher habitat.

 

(j) Red-Headed Woodpeckers as Indicators of Oak Savanna Health

 

 

 

 

$171,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to evaluate red-headed woodpecker survival and habitat needs and to use this data to develop and disseminate a long-term oak savanna management plan that supports red-headed woodpeckers and other oak savanna habitat-dependent species.

 

(k) Implementing Conservation Plans for Avian Species of Concern

 

 

 

 

$124,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the National Audubon Society, Minnesota office, to establish benchmark survey sites for implementing and tracking outcomes of collaborative restoration and enhancement activities within Important Bird Areas for three bird species of conservation concern.

 

(l) Mapping Aquatic Habitats for Moose

 

 

 

 

 

$199,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to determine key water habitats used by moose in northern forested regions of Minnesota, measure the effects of moose foraging on aquatic plant and fish diversity, and provide educational programming materials for the public.

 

(m) Improving Statewide GIS Data by Restoring the Public Land Survey

 

 

 

 

$135,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Association of County Surveyors to conduct a pilot project with Grant County to remonument and certify the public land survey corners in Lawrence Township.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(n) County Geologic Atlases - Part A, Mapping Geology

 

 

 

 

 

$2,000,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota, Minnesota Geological Survey, to continue producing county geologic atlases to inform


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management of surface water and groundwater resources.  This appropriation is to complete Part A, which focuses on the properties and distribution of earth materials to define aquifer boundaries and the connection of aquifers to the land surface and surface water resources.

 

(o) County Geologic Atlases - Part B, Mapping Aquifer Hydrology

 

 

 

 

$2,400,000 the first year is from the trust fund to the commissioner of natural resources to continue producing county geologic atlases to inform management of surface water and groundwater resources for drinking water and other purposes.  This appropriation is for Part B, which uses the geologic formations mapped in Part A of the county geologic atlases to characterize the potential water yields of aquifers and the aquifers' sensitivity to contamination.

 

(p) Unlocking Science of Minnesota's Moose Decline

 

 

 

 

 

$199,000 the first year is from the trust fund to the Minnesota Zoological Garden to develop educational displays, interactive exhibits, and engaging online programs that summarize and share scientific findings about moose decline in Minnesota.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(q) Native Bee Survey

 

 

 

 

 

$636,000 in fiscal year 2019 is from the trust fund to the commissioner of natural resources to continue to assess the current status and distribution of native bee pollinators in Minnesota by expanding surveys into the coniferous-deciduous forest region of Minnesota and facilitating interagency collaboration and public outreach on pollinators.

 

Subd. 4.  Water Resources

 

 

 

5,066,000

 

-0-

 

(a) Determining Influence of Insecticides on Algal Blooms

 

 

 

 

 

$350,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to quantify the occurrence of neonicotinoid insecticides in Minnesota's surface waters and groundwaters and assess if the insecticides are contributing to the formation of algal blooms.

 

(b) Benign Design:  Environmental Studies Leading to Sustainable Pharmaceuticals

 

 

 

 

$415,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to determine how to best remove harmful fluorinated pharmaceuticals during wastewater


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treatment and to develop alternate versions of these compounds that are medically useful but environmentally harmless.  This appropriation is subject to Minnesota Statutes, section 116P.10.

 

(c) Wastewater Nutrient Reduction through Industrial Source Reduction Assistance

 

 

 

 

$200,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to provide technical assistance for industrial facilities to optimize their processes, reduce nutrient loads to wastewater treatment facilities, and improve water quality.  The economic savings and water quality improvements achieved through this work must be documented.

 

(d) Quantifying Microplastics in Minnesota's Inland Lakes

 

 

 

 

$200,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute in Duluth to quantify the amount, type, and source of microplastics in the water, sediment, and fishes of a range of Minnesota lakes.

 

(e) Improving Nitrogen Removal in Greater Minnesota Wastewater Treatment Ponds

 

 

 

 

$325,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to assess cold weather nitrogen cycling and different aeration methods to improve the efficacy of Minnesota's underperforming wastewater treatment ponds.

 

(f) Improving Drinking Water for Minnesotans through Pollution Prevention

 

 

 

 

$345,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to reduce exposure of Minnesotans to a toxic, cancer-causing chemical by identifying key pollutant precursor sources in the upper Mississippi River watershed and assessing options to reduce the formation of this chemical during drinking water treatment.

 

(g) Protecting Minnesota Waters by Removing Contaminants from Wastewater

 

 

 

 

$250,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to develop methods for treatment plants to remove harmful polyfluoroalkyl substances and microplastics from wastewater before the wastewater is released to the environment.  This appropriation is subject to Minnesota Statutes, section 116P.10.


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(h) Reducing Municipal Wastewater Mercury Pollution to Lake Superior

 

 

 

 

$250,000 the first year is from the trust fund to the commissioner of the Minnesota Pollution Control Agency to evaluate and summarize current technologies to help municipal wastewater plants in the Lake Superior basin save money and reduce mercury pollution to Lake Superior and other Minnesota waters.

 

(i) Extracting Deicing Salt from Roadside Soils with Plants

 

 

 

 

$360,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to collaborate with the Department of Transportation to evaluate potential native plants that can be grown on roadsides to adsorb and remove toxic salts accumulated from deicing roads and assess uses for the harvested material.

 

(j) Transformation of Plastic Waste into Valued Resource

 

 

 

 

 

$225,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to develop technologies that use microbes to convert plastic waste into useful chemical compounds and fuels, lowering the likelihood that these materials end up in the environment.  This appropriation is subject to Minnesota Statutes, section 116P.10.

 

(k) Accelerating Perennial Crop Production to Prevent Nitrate Leaching

 

 

 

 

$440,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Stearns County Soil and Water Conservation District to reduce nitrate leaching on sandy soils of central Minnesota by developing water-efficient production methods, supply chains, and end-use markets for three perennial crops:  Kernza, prairie species, and alfalfa.  Net income from the sale of products or assets developed or acquired through this project may be reinvested as described in the work plan approved by the Legislative-Citizen Commission on Minnesota Resources according to Minnesota Statutes, section 116P.10.

 

(l) Farm-Ready Cover Crops for Protecting Water Quality

 

 

 

 

$741,000 the first year is from the trust fund to the Minnesota State Colleges and Universities System for Central Lakes College to demonstrate conservation benefits of using camelina and kura clover as continuous living cover with corn-soybean rotations and to develop secondary markets to increase farmer adoption of this practice for protecting water quality in vulnerable wellhead protection areas.  This appropriation is subject to Minnesota Statutes, section 116P.10.


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(m) Setting Realistic Nitrate Reduction Goals in Southeast Minnesota

 

 

 

 

$350,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to develop advanced water-flow and age-dating tools to improve the ability of state agencies to assess how well nitrate reduction best management practices are working in southeastern Minnesota.

 

(n) Mapping Unprofitable Cropland for Water and Wildlife

 

 

 

 

$100,000 the first year is from the trust fund to the Science Museum of Minnesota for the St. Croix Watershed Research Station to conduct the first statewide analysis that maps the extent of Minnesota's unprofitable cropland and estimates both the water‑quality and habitat benefits of converting these lands to perennial crops and vegetation.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(o) Evaluating Locally Sourced Materials for Road Salt Reduction

 

 

 

 

$162,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute in Duluth to evaluate the effectiveness and benefits of using locally sourced wood chips, corncobs, and iron‑bearing minerals as alternative abrasive materials to lower salt use for protecting Minnesota's water resources.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(p) Minnesota Spring Inventory Final Phase

 

 

 

 

 

$71,000 the first year is from the trust fund to the commissioner of natural resources to complete the Minnesota Spring Inventory that identifies, catalogs, and assists resource managers in monitoring, assessing, and protecting important and threatened statewide water springs.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(q) Restoring Impaired Lakes through Citizen-Aided Carp Management

 

 

 

 

$106,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Carver County Water Management Organization to quantify water quality


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improvements and the cost-effectiveness of a new citizen-aided carp management method for restoring impaired lakes in Minnesota.

 

(r) Spring Biological Nitrate Removal to Protect Drinking Water

 

 

 

 

$175,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Fairmont to build and demonstrate the effectiveness of an experimental passive biological treatment system to reduce nitrates that enter the city's springtime water supply source.

 

(s) Degrading Chlorinated Industrial Contaminants with Bacteria

 

 

 

 

$1,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to determine the best way to stimulate bacteria to more quickly and completely remove industrial chlorinated pollutants from contaminated sites.  On the day following final enactment, the following amounts from unobligated appropriations to the Board of Regents of the University of Minnesota are transferred and added to this appropriation:  $75,000 in Laws 2016, chapter 186, section 2, subdivision 4, paragraph (l), and $74,000 in Laws 2016, chapter 186, section 2, subdivision 6, paragraph (b).

 

Subd. 5.  Technical Assistance, Outreach, and Environmental Education

 

250,000

 

 

886,000

 

 

-0-

 

(a) Expanding Camp Sunrise Environmental Program

 

 

 

 

 

$237,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with YouthCare Minnesota to expand camp opportunities to more school districts and implement improved hands-on environmental education programs for economically disadvantaged youth.

 

(b) Connecting Students to Boundary Waters

 

 

 

 

 

$450,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Friends of the Boundary Waters Wilderness to connect approximately 6,500 students to the boundary waters through classroom education and wilderness canoe experiences for diverse and underserved populations across Minnesota.  This appropriation is available until June 30, 2023, by which time the project must be completed and final products delivered.


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(c) Mississippi National River and Recreation Area Forest Restoration

 

 

 

 

$199,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Mississippi Park Connection to work with Conservation Corps Minnesota, local communities, and volunteers to address the loss of ash trees to emerald ash borer by planting approximately 15,000 native trees and plants in affected areas in the Mississippi National River and Recreation Area.

 

(d) Increasing Diversity in Environmental Careers

 

 

 

 

 

$250,000 in fiscal year 2019 is from the trust fund to the commissioner of natural resources in cooperation with Conservation Corps Minnesota and Iowa to encourage a diversity of students to pursue careers in environment and natural resources through internships and mentorships with the Department of Natural Resources, the Board of Water and Soil Resources, and the Pollution Control Agency.  This appropriation is available until June 30, 2024, by which time the project must be completed and final products delivered.

 

Subd. 6.  Aquatic and Terrestrial Invasive Species

 

3,100,000

 

-0-

 

(a) Building Knowledge and Capacity to Solve AIS Problems

 

 

 

 

$3,000,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to support the Minnesota Aquatic Invasive Species Research Center in developing solutions to Minnesota's aquatic invasive species problems through research, control, prevention, outreach, and early detection of existing and emerging aquatic invasive species threats.  This appropriation is available until June 30, 2023, by which time the project must be completed and final products delivered.

 

(b) Oak Wilt Suppression at its Northern Edge

 

 

 

 

 

$100,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Morrison Soil and Water Conservation District to eradicate the northern-most occurrences of oak wilt in the state through mechanical means on select private properties to prevent oak wilt's spread to healthy state forest habitats.

 

Subd. 7.  Air Quality and Renewable Energy

 

1,485,000

 

-0-

 

(a) Development of Clean Energy Storage Systems for Farms

 

 

 

 

$650,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota for the West Central Research and Outreach Center at Morris to develop and test novel


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clean energy storage systems for farms using wind-generated ammonia to displace fossil fuels and reduce greenhouse gas emissions.  This appropriation is subject to Minnesota Statutes, section 116P.10.

 

(b) White Earth Nation Community Solar for Economic Resilience

 

 

 

 

$500,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Rural Renewable Energy Alliance to install a 200-kW White Earth community‑owned solar garden to reduce greenhouse gas emissions, increase economic development through environmental education and solar workforce training, and improve energy resilience.

 

(c) Sustainable Solar Energy from Agricultural Plant By‑Products

 

 

 

 

$185,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota, Morris, to use regional plant-based agricultural by-products to fabricate solar cells for creating renewable and affordable energy.

 

(d) Morris Energy and Environment Community Resilience Plan

 

 

 

 

$150,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Morris to develop and begin implementing community resilience plans for energy and the environment and to create a model guide for other Minnesota communities to create and implement their own plans.

 

Subd. 8.  Methods to Protect or Restore Land, Water, and Habitat

 

5,233,000

 

 

-0-

 

(a) Saving Endangered Pollinators through Data-Driven Prairie Restoration

 

 

 

 

$800,000 the first year is from the trust fund.  Of this amount, $630,000 is to the Minnesota Zoological Garden and $170,000 is to the commissioner of natural resources to reestablish populations of Minnesota's imperiled butterflies through reintroductions and prairie restorations and by developing foundational habitat recommendations for preventing future extinctions.  This appropriation is available until June 30, 2023, by which time the project must be completed and final products delivered.


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(b) Promoting and Restoring Oak Savanna Using Silvopasture

 

 

 

 

$750,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to demonstrate, evaluate, and increase adoption of the combined use of intensive tree, forage, and livestock management as a method to restore threatened oak savanna habitats.

 

(c) Sauk River Dam Removal and Rock Rapids Replacement

 

 

 

 

$2,768,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Melrose to remove an existing fixed-elevation dam, construct a rock arch rapids, and conduct in-stream and shoreline habitat restoration to improve water quality and native fish passage in the Sauk River.  This project requires a match of at least $1,400,000 that must be secured before trust fund money is spent.  At least $700,000 of this match must come from the city of Melrose.  City of Melrose expenses for the Sauk River dam removal and rock rapids replacement incurred before July 1, 2019, may be counted toward the match.

 

(d) Conserving and Monitoring Minnesota's Rare Arctic Plants

 

 

 

 

$135,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to provide monitoring and invasive species removal to conserve rare and endangered arctic plants on Minnesota's North Shore.  This appropriation is available until June 30, 2023, by which time the project must be completed and final products delivered.

 

(e) Nongame Wildlife Program Acceleration

 

 

 

 

 

$780,000 the first year is from the trust fund to the commissioner of natural resources to accelerate the nongame wildlife program, including rare wildlife data collection, habitat management, collaborative land protection, conservation education, and a new emphasis on promoting nature tourism to benefit wildlife, visitors, and rural communities.

 

Subd. 9.  Land Acquisition, Habitat, and Recreation

 

1,724,000

 

 

33,661,000

 

 

-0-

 

(a) Minnesota Scientific and Natural Areas

 

 

 

 

 

$3,500,000 the first year is from the trust fund to the commissioner of natural resources for the scientific and natural areas (SNA) program to restore and enhance wildlife habitat on SNAs, increase public involvement and outreach, and strategically acquire


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high‑quality lands that meet criteria for SNAs under Minnesota Statutes, section 86A.05, from willing sellers.  A list of proposed acquisitions and restorations is required in the work plan.

 

(b) Grants for Local Parks, Trails, and Natural Areas

 

 

 

 

 

$3,000,000 the first year is from the trust fund to the commissioner of natural resources to solicit, rank, and fund competitive matching grants for local parks, trail connections, and natural and scenic areas under Minnesota Statutes, section 85.019.  The appropriation is for local nature-based recreation, connections to regional and state natural areas, and recreation facilities and not for athletic facilities such as sport fields, courts, and playgrounds.

 

(c) Minnesota State Parks and State Trails In-Holdings

 

 

 

 

 

$1,000,000 in fiscal year 2019 and $3,907,000 the first year are from the trust fund to the commissioner of natural resources to acquire high-priority in-holdings from willing sellers within the legislatively authorized boundaries of state parks and trails to protect Minnesota's natural heritage, enhance outdoor recreational opportunities, and improve the efficiency of public land management.  Priorities include but are not limited to Minneopa, St. Croix, Frontenac, and Crow Wing State Parks.  A list of proposed acquisitions is required in the work plan. 

 

(d) Minnesota State Trails Development

 

 

 

 

 

$124,000 in fiscal year 2019 and $8,247,000 the first year are from the trust fund to the commissioner of natural resources to expand high-priority recreational opportunities on Minnesota's state trails by developing new trail segments and rehabilitating, improving, and enhancing existing state trails.  High-priority trail bridges to rehabilitate or replace include, but are not limited to, those on the Arrowhead, Central Lakes, Harmony-Preston Valley, Matthew Lourey, and North Shore State Trails.  High-priority trail segments to develop and enhance include, but are not limited to, the Paul Bunyan, Gateway, Heartland, Gitchi Gami, and Minnesota Valley State Trails.  A proposed list of trail projects on legislatively authorized state trails is required in the work plan.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(e) National Loon Center

 

 

 

 

 

$4,000,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the National Loon Center Foundation, in partnership with a fiscal agent to be approved by the Legislative-Citizen Commission on Minnesota Resources, to construct an approximately 15,000-square-foot National Loon Center in Cross Lake dedicated to loon survival,


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loon habitat protection and research, and recreation.  Of this amount, up to $1,449,000 is for planning, design, and construction of approximately six outdoor demonstration learning kiosks, interpretive trails, boardwalks and boat docks, a fishing dock, and native landscaping along approximately 3,100 feet of shoreline.  Any remaining funds are for planning, engineering, and constructing the building and indoor exhibits.  A land lease commitment of at least 25 years and fiscal sponsorship must be secured before any trust fund money is spent.  This project requires a match of at least $6,000,000.  At least $2,000,000 of this match must come from nonstate sources.  If naming rights will be conveyed, the National Loon Center Foundation must include a plan for this in the work plan.  All matching funds must be legally committed before any trust fund money may be spent on planning activities for or construction of the building and indoor exhibits.  Net income generated from admissions, naming rights, and memberships to the National Loon Center as a result of trust fund contributions may be reinvested in the center's long-term loon conservation efforts as described in the work plan approved by the Legislative-Citizen Commission on Minnesota Resources according to Minnesota Statutes, section 116P.10.

 

(f) Accessible Fishing Piers

 

 

 

 

 

$320,000 the first year is from the trust fund to the commissioner of natural resources to provide accessible fishing piers in locations that have a high potential to serve new angling communities, underserved populations, and anglers with physical disabilities.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(g) Mesabi Trail Extensions

 

 

 

 

 

$3,000,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the St. Louis and Lake Counties Regional Railroad Authority for environmental assessment, permitting, right-of-way easements or other acquisition as needed, and engineering for and construction of four trail segments beginning and ending at the following approximate locations:  Darwin Meyers Wildlife Management Area to County Road 21, Embarrass to Kugler, County Road 128 to the Eagles Nest Town Hall, and Wolf Creek to the Highway 169 underpass.

 

(h) Britton Peak to Lutsen Mountain Bike Trail

 

 

 

 

 

$50,000 in fiscal year 2019 and $300,000 the first year are from the trust fund to the commissioner of natural resources for an agreement with the Superior Cycling Association to create a sustainably designed single-track mountain bike trail connecting trail clusters and trailheads between Britton Peak in Tofte and Lutsen Mountains as part of northeast Minnesota's effort to


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become a national recreation destination.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(i) Preserving Avon Hills with Reverse-Bidding Easements

 

 

 

 

$1,600,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Saint John's University in cooperation with Minnesota Land Trust to restore and enhance protected lands, provide public outreach, and prepare management plans for and use a reverse-bid ranking system to secure permanent conservation easements on high-quality natural habitat in the Avon Hills area of Stearns County.  Of this amount, up to $168,000 is for use by Minnesota Land Trust in a monitoring fund as approved in the work plan and subject to Minnesota Statutes, section 116P.20.  An annual financial report is required for any monitoring, management, and enforcement fund, including expenditures from the fund.  A proposed list of acquisitions and restorations must be provided in the work plan.  This appropriation is available until June 30, 2024, by which time the project must be completed and final products delivered.

 

(j) Birch Lake Recreation Area Campground

 

 

 

 

 

$350,000 in fiscal year 2019 and $350,000 the first year are from the trust fund to the commissioner of natural resources for an agreement with the city of Babbitt to expand Birch Lake Recreation Area by adding a new campground for recreational vehicles and tent campers.  This project requires a match of at least $2,800,000 that must be secured before trust fund money is spent.  At least $800,000 of this match must come from the city of Babbitt.  Net income generated from admissions to the campground created as a result of trust fund contributions may be reinvested into the campground's long-term operations as described in the work plan approved by the Legislative-Citizen Commission on Minnesota Resources according to Minnesota Statutes, section 116P.10.

 

(k) Bailey Lake Trail and Fishing Pier

 

 

 

 

 

$550,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Virginia to reconstruct the existing Bailey Lake Trail and construct a new fishing pier on Bailey Lake that is accessible from the trail.

 

(l) Vergas Long Lake Trail

 

 

 

 

 

$290,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Vergas to construct a bicycle and pedestrian bridge, trail, and floating boardwalk along Long Lake including shoreline restoration and


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stabilization with native plants.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(m) Glacial Edge Trail and Downtown Pedestrian Bridge

 

 

 

 

 

$600,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Fergus Falls to acquire easements for and construct a trail along the Otter Tail River in downtown Fergus Falls and a bicycle and pedestrian bridge crossing the river.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(n) Crane Lake to Vermilion Falls Trail

 

 

 

 

 

$400,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with St. Louis County in cooperation with Voyageur Country ATV Club to designate and improve a wooded trail from Crane Lake to Vermilion Falls to accommodate all-terrain vehicle and snowmobile users.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(o) Restoring Five Sections of Superior Hiking Trail

 

 

 

 

 

$191,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Superior Hiking Trail Association to restore and repair the most damaged parts of five sections of the Superior Hiking Trail and restore an abandoned route to a natural footpath for hikers.

 

(p) Native Prairie Bank Conservation Easements and Landowner Assistance

 

 

 

 

$3,406,000 the first year is from the trust fund to the commissioner of natural resources to acquire native prairie bank easements in accordance with Minnesota Statutes, section 84.96; restore and enhance native prairie sites; and provide technical assistance to landowners.  Of this amount, up to $185,000 may be deposited in a conservation easement stewardship account.  Deposits into the conservation easement stewardship account must be made upon closing on conservation easements or at a time otherwise approved in the work plan.  A list of proposed easement acquisitions must be provided as part of the required work plan.

 

(q) Rainy Lake Recreational Access and Boat Wash Station

 

 

 

 

$200,000 in fiscal year 2019 is from the trust fund to the commissioner of natural resources for an agreement with the city of Ranier to enhance and increase public access to Rainy Lake by


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constructing an Americans with Disabilities Act (ADA)-compliant recreational parking lot, an ADA-compliant public restroom, and an aquatic invasive species boat wash station.

 

Subd. 10.  Administration and Contract Agreement Reimbursement

 

330,000

 

 

1,538,000

 

 

-0-

 

(a) Contract Agreement Reimbursement

 

 

 

 

 

$135,000 the first year is from the trust fund to the commissioner of natural resources, at the direction of the Legislative-Citizen Commission on Minnesota Resources, for expenses incurred for preparing and administering contracts for the agreements specified in this section.  The commissioner must provide documentation to the Legislative-Citizen Commission on Minnesota Resources on the expenditure of these funds.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(b) Legislative-Citizen Commission on Minnesota Resources (LCCMR) Administration

 

 

 

 

$1,400,000 the first year is from the trust fund to the Legislative‑Citizen Commission on Minnesota Resources for administration in fiscal years 2020 and 2021 as provided in Minnesota Statutes, section 116P.09, subdivision 5.

 

(c) Legislative Coordinating Commission (LCC) Administration

 

 

 

 

$3,000 the first year is from the trust fund to the Legislative Coordinating Commission for the website required in Minnesota Statutes, section 3.303, subdivision 10.

 

(d) Grants Management System

 

 

 

 

 

$330,000 in fiscal year 2019 is from the trust fund to the Legislative-Citizen Commission on Minnesota Resources to develop, enhance, and maintain a management system for project records.

 

Subd. 11.  Wastewater Treatment Recommendations

 

500,000

 

-0-

 

(a) Water Infrastructure Loans

 

 

 

 

 

Up to $6,500,000 of the money in the trust fund is available to the State Board of Investment to invest in loans through the Public Facilities Authority's clean water revolving fund under Minnesota Statutes, section 446A.07.  Notwithstanding Minnesota Statutes, section 446A.07, repayments of principal and interest and any investment income must be credited to the trust fund and are available for reinvestment in the clean water revolving fund.


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(b) Optimizing Local Mechanical and Pond Wastewater-Treatment Plants

 

 

 

 

$500,000 the first year is from the trust fund to the commissioner of the Pollution Control Agency for the pilot program created under Laws 2018, chapter 214, article 4, section 2, subdivision 4, paragraph (a).  This appropriation is available until June 30, 2021, by which time projects must be completed and final products delivered.

 

Subd. 12.  Availability of Appropriations

 

 

 

 

 

Money appropriated in this section may not be spent on activities unless they are directly related to and necessary for a specific appropriation and are specified in the work plan approved by the Legislative-Citizen Commission on Minnesota Resources.  Money appropriated in this section must not be spent on indirect costs or other institutional overhead charges that are not directly related to and necessary for a specific appropriation.  Costs that are directly related to and necessary for an appropriation, including financial services, human resources, information services, rent, and utilities, are eligible only if the costs can be clearly justified and individually documented specific to the appropriation's purpose and would not be generated by the recipient but for receipt of the appropriation.  No broad allocations for costs in either dollars or percentages are allowed.  Unless otherwise provided, the amounts in this section are available until June 30, 2022, when projects must be completed and final products delivered.  For acquisition of real property, the appropriations in this section are available for an additional fiscal year if a binding contract for acquisition of the real property is entered into before the expiration date of the appropriation.  If a project receives a federal grant, the time period of the appropriation is extended to equal the federal grant period.

 

Subd. 13.  Data Availability Requirements

 

 

 

 

 

Data collected by the projects funded under this section must conform to guidelines and standards adopted by MN.IT Services.  Spatial data must also conform to additional guidelines and standards designed to support data coordination and distribution that have been published by the Minnesota Geospatial Information Office.  Descriptions of spatial data must be prepared as specified in the state's geographic metadata guideline and must be submitted to the Minnesota Geospatial Information Office.  All data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, chapter 13.  To the extent practicable, summary data and results of projects funded under this section should be readily accessible on the Internet and identified as having received funding from the environment and natural resources trust fund.


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Subd. 14.  Project Requirements

 

 

 

 

 

(a) As a condition of accepting an appropriation under this section, an agency or entity receiving an appropriation or a party to an agreement from an appropriation must comply with paragraphs (b) to (l) and Minnesota Statutes, chapter 116P, and must submit a work plan and annual or semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota Resources for any project funded in whole or in part with funds from the appropriation.  Modifications to the approved work plan and budget expenditures must be made through the amendment process established by the Legislative-Citizen Commission on Minnesota Resources. 

 

(b) A recipient of money appropriated in this section that conducts a restoration using funds appropriated in this section must use native plant species according to the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines and include an appropriate diversity of native species selected to provide habitat for pollinators throughout the growing season as required under Minnesota Statutes, section 84.973.

 

(c) For all restorations conducted with money appropriated under this section, a recipient must prepare an ecological restoration and management plan that, to the degree practicable, is consistent with the highest-quality conservation and ecological goals for the restoration site.  Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration project.  The plan must include the proposed timetable for implementing the restoration, including site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and take advantage of the best-available science and include innovative techniques to achieve the best restoration.

 

(d) An entity receiving an appropriation in this section for restoration activities must provide an initial restoration evaluation at the completion of the appropriation and an evaluation three years after the completion of the expenditure.  Restorations must be evaluated relative to the stated goals and standards in the restoration plan, current science, and, when applicable, the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  The evaluation must determine whether the restorations are meeting planned goals, identify any problems with implementing the restorations, and, if necessary, give recommendations on improving restorations.  The evaluation must be focused on improving future restorations.


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(e) All restoration and enhancement projects funded with money appropriated in this section must be on land permanently protected by a conservation easement or public ownership.

 

(f) A recipient of money from an appropriation under this section must give consideration to contracting with Conservation Corps Minnesota for contract restoration and enhancement services.

 

(g) All conservation easements acquired with money appropriated under this section must:

 

(1) be permanent;

 

(2) specify the parties to an easement in the easement;

 

(3) specify all of the provisions of an agreement that are permanent;

 

(4) be sent to the Legislative-Citizen Commission on Minnesota Resources in an electronic format at least ten business days before closing;

 

(5) include a long-term monitoring and enforcement plan and funding for monitoring and enforcing the easement agreement; and

 

(6) include requirements in the easement document to protect the quantity and quality of groundwater and surface water through specific activities such as keeping water on the landscape, reducing nutrient and contaminant loading, and not permitting artificial hydrological modifications.

 

(h) For any acquisition of lands or interest in lands, a recipient of money appropriated under this section must not agree to pay more than 100 percent of the appraised value for a parcel of land using this money to complete the purchase, in part or in whole, except that up to ten percent above the appraised value may be allowed to complete the purchase, in part or in whole, using this money if permission is received in advance of the purchase from the Legislative-Citizen Commission on Minnesota Resources.

 

(i) For any acquisition of land or interest in land, a recipient of money appropriated under this section must give priority to high‑quality natural resources or conservation lands that provide natural buffers to water resources.

 

(j) For new lands acquired with money appropriated under this section, a recipient must prepare an ecological restoration and management plan in compliance with paragraph (c), including sufficient funding for implementation unless the work plan addresses why a portion of the money is not necessary to achieve a high-quality restoration.


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(k) To ensure public accountability for using public funds, a recipient of money appropriated under this section must, within 60 days of the transaction, provide to the Legislative-Citizen Commission on Minnesota Resources documentation of the selection process used to identify parcels acquired and provide documentation of all related transaction costs, including but not limited to appraisals, legal fees, recording fees, commissions, other similar costs, and donations.  This information must be provided for all parties involved in the transaction.  The recipient must also report to the Legislative-Citizen Commission on Minnesota Resources any difference between the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, if a state-certified or state-reviewed appraisal was conducted.

 

(l) A recipient of an appropriation from the trust fund under this section must acknowledge financial support from the environment and natural resources trust fund in project publications, signage, and other public communications and outreach related to work completed using the appropriation.  Acknowledgment may occur, as appropriate, through use of the trust fund logo or inclusion of language attributing support from the trust fund.  Each direct recipient of money appropriated in this section, as well as each recipient of a grant awarded pursuant to this section, must satisfy all reporting and other requirements incumbent upon constitutionally dedicated funding recipients as provided in Minnesota Statutes, section 3.303, subdivision 10, and chapter 116P.

 

Subd. 15.  Payment Conditions and Capital-Equipment Expenditures

 

 

 

 

(a) All agreements, grants, or contracts referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section.  Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on or after July 1, 2019, or the date the work plan is approved, whichever is later, are eligible for reimbursement unless otherwise provided in this section.  Periodic payments must be made upon receiving documentation that the deliverable items articulated in the approved work plan have been achieved, including partial achievements as evidenced by approved progress reports.  Reasonable amounts may be advanced to projects to accommodate cash-flow needs or match federal money.  The advances must be approved as part of the work plan.  No expenditures for capital equipment are allowed unless expressly authorized in the project work plan.

 

(b) Single-source contracts as specified in the approved work plan are allowed.


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Subd. 16.  Purchase of Recycled and Recyclable Materials

 

 

 

 

A political subdivision, public or private corporation, or other entity that receives an appropriation under this section must use the appropriation in compliance with Minnesota Statutes, section 16C.0725, regarding purchasing recycled, repairable, and durable materials and Minnesota Statutes, section 16C.073, regarding purchasing and using paper stock and printing.

 

Subd. 17.  Energy Conservation and Sustainable Building Guidelines

 

 

 

 

A recipient to whom an appropriation is made under this section for a capital improvement project must ensure that the project complies with the applicable energy conservation and sustainable building guidelines and standards contained in law, including Minnesota Statutes, sections 16B.325, 216C.19, and 216C.20, and rules adopted under those sections.  The recipient may use the energy planning, advocacy, and State Energy Office units of the Department of Commerce to obtain information and technical assistance on energy conservation and alternative-energy development relating to planning and constructing the capital improvement project.

 

Subd. 18.  Accessibility

 

 

 

 

 

Structural and nonstructural facilities must meet the design standards in the Americans with Disabilities Act (ADA) accessibility guidelines.

 

Subd. 19.  Carryforward; Extension

 

 

 

 

 

(a) The availability of the appropriations for the following projects is extended to June 30, 2020:

 

(1) Laws 2014, chapter 226, section 2, subdivision 10, paragraph (c), Legislative-Citizen Commission on Minnesota Resources (LCCMR);

 

(2) Laws 2015, chapter 76, section 2, subdivision 3, paragraph (g), Minnesota Native Bee Atlas;

 

(3) Laws 2015, chapter 76, section 2, subdivision 4, paragraph (f), Southeast Minnesota Subsurface Drainage Impacts on Groundwater Recharge;

 

(4) Laws 2015, chapter 76, section 2, subdivision 10, Emerging Issues Account;

 

(5) Laws 2016, chapter 186, section 2, subdivision 3, paragraph (a), Data-Driven Pollinator Conservation Strategies;


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(6) Laws 2016, chapter 186, section 2, subdivision 3, paragraph (c), Prairie Butterfly Conservation, Research, and Breeding - Phase II;

 

(7) Laws 2016, chapter 186, section 2, subdivision 4, paragraph (h), Protection of State's Confined Drinking Water Aquifers - Phase II;

 

(8) Laws 2016, chapter 186, section 2, subdivision 4, paragraph (r), Morrison County Performance Drainage and Hydrology Management;

 

(9) Laws 2016, chapter 186, section 2, subdivision 6, paragraph (c), Advancing Microbial Invasive Species Monitoring from Ballast Discharge;

 

(10) Laws 2016, chapter 186, section 2, subdivision 6, paragraph (e), Elimination of Target Invasive Plant Species - Phase II;

 

(11) Laws 2016, chapter 186, section 2, subdivision 8, paragraph (a), Bee Pollinator Habitat Enhancement - Phase II;

 

(12) Laws 2016, chapter 186, section 2, subdivision 8, paragraph (b), Measuring Pollen and Seed Dispersal for Prairie Fragment Connectivity;

 

(13) Laws 2016, chapter 186, section 2, subdivision 8, paragraph (f), Forest Management for Mississippi River Drinking Water Protection;

 

(14) Laws 2016, chapter 186, section 2, subdivision 9, paragraph (b), Minnesota Point Pine Forest Scientific and Natural Area Acquisition; and

 

(15) Laws 2017, chapter 96, section 2, subdivision 4, paragraph (a), Assessment of Household Chemicals and Herbicides in Rivers and Lakes.

 

(b) The availability of the appropriation under Laws 2017, chapter 96, section 2, subdivision 7, paragraph (b), Assessment of Urban Air Quality, is extended to June 30, 2021.

 

Sec. 3.  Minnesota Statutes 2018, section 116P.08, subdivision 2, is amended to read:

 

Subd. 2.  Exceptions.  Money from the trust fund may not be spent for:

 

(1) purposes of environmental compensation and liability under chapter 115B and response actions under chapter 115C;

 

(2) purposes of municipal water pollution control in municipalities with a population of 5,000 or more under the authority of chapters 115 and 116;

 

(3) costs associated with the decommissioning of nuclear power plants;


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(4) hazardous waste disposal facilities;

 

(5) solid waste disposal facilities; or

 

(6) projects or purposes inconsistent with the strategic plan.

 

Sec. 4.  Laws 2015, chapter 76, section 2, subdivision 9, as amended by Laws 2018, chapter 214, article 4, section 5, is amended to read:

 

Subd. 9.  Land Acquisition for Habitat and Recreation

 

14,190,000

 

-0-

 

(a) State Parks and Trails Land Acquisitions

 

$1,500,000 the first year is from the trust fund to the commissioner of natural resources to acquire at least 335 acres for authorized state trails and critical parcels within the statutory boundaries of state parks.  State park land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards, as determined by the commissioner of natural resources.  A list of proposed acquisitions must be provided as part of the required work plan.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.

 

(b) Metropolitan Regional Park System Land Acquisition - Phase IV

 

$1,000,000 the first year is from the trust fund to the Metropolitan Council for grants to acquire at least 133 approximately 90 acres of lands within the approved park unit boundaries of the metropolitan regional park system.  This appropriation may not be used to purchase habitable residential structures.  A list of proposed fee title and easement acquisitions must be provided as part of the required work plan.  This appropriation must be matched by at least 40 percent of nonstate money that must be committed by December 31, 2015, or the appropriation cancels.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.

 

(c) SNA Acquisition, Restoration, Enhancement, and Public Engagement

 

$4,000,000 the first year is from the trust fund to the commissioner of natural resources to acquire at least 350 acres of lands with high-quality native plant communities and rare features to be established as scientific and natural areas as provided in Minnesota Statutes, section 86A.05, subdivision 5, restore and improve at least 550 acres of scientific and natural areas, and provide technical assistance and outreach.  A list of proposed acquisitions must be provided as part of the required work plan.  Land acquired with this appropriation must be sufficiently improved to meet at


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least minimum management standards, as determined by the commissioner of natural resources.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.

 

(d) Native Prairie Stewardship and Prairie Bank Easement Acquisition

 

$3,325,000 the first year is from the trust fund to the commissioner of natural resources to acquire native prairie bank easements on at least 675 acres, prepare baseline property assessments, restore and enhance at least 1,000 acres of native prairie sites, and provide technical assistance to landowners.  Of this amount, up to $195,000 must be deposited in a conservation easement stewardship account.  Deposits into the conservation easement stewardship account must be made upon closing on conservation easements or at a time otherwise approved in the work plan.  A list of proposed easement acquisitions must be provided as part of the required work plan.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.

 

(e) Metro Conservation Corridors - Phase VIII Coordination, Mapping, and Conservation Easements

 

$515,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Land Trust for Phase VIII of the Metro Conservation Corridors partnership to provide coordination and mapping for the partnership and to acquire permanent conservation easements on at least 120 acres of strategic ecological landscapes to protect priority natural areas in the metropolitan area, as defined under Minnesota Statutes, section 473.121, subdivision 2, and portions of the surrounding counties.  A list of proposed easement acquisitions must be provided as part of the required work plan.  Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards, as determined by the commissioner of natural resources.  Expenditures are limited to the identified project corridor areas as defined in the work plan.  Up to $40,000 may be used for coordination and mapping for the Metro Conservation Corridors.  All conservation easements must be perpetual and have a natural resource management plan.  A list of proposed easement acquisitions must be provided as part of the required work plan.  This appropriation is available June 30, 2018, by which time the project must be completed and final products delivered.


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(f) Metro Conservation Corridors - Phase VIII Strategic Lands Protection

 

$750,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with The Trust for Public Land for Phase VIII of the Metro Conservation Corridors partnership to acquire in fee at least 35 acres of high-quality priority state and local natural areas in the metropolitan area, as defined under Minnesota Statutes, section 473.121, subdivision 2, and portions of the surrounding counties.  A list of proposed acquisitions must be provided as part of the required work plan.  Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards, as determined by the commissioner of natural resources.  Expenditures are limited to the identified project corridor areas as defined in the work plan.  This appropriation may not be used to purchase habitable residential structures, unless expressly approved in the work plan.  A list of fee title acquisitions must be provided as part of the required work plan.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.

 

(g) Metro Conservation Corridors - Phase VIII Priority Expansion of Minnesota Valley National Wildlife Refuge

 

$500,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Valley National Wildlife Refuge Trust, Inc. for Phase VIII of the Metro Conservation Corridors partnership to acquire in fee at least 100 acres of priority habitat for the Minnesota Valley National Wildlife Refuge in the metropolitan area, as defined under Minnesota Statutes, section 473.121, subdivision 2, and portions of the surrounding counties.  A list of proposed acquisitions must be provided as part of the required work plan.  Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards.  Expenditures are limited to the identified project corridor areas as defined in the work plan.  This appropriation may not be used to purchase habitable residential structures, unless expressly approved in the work plan.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.

 

(h) Metro Conservation Corridors - Phase VIII Wildlife Management Area Acquisition

 

$400,000 the first year is from the trust fund to the commissioner of natural resources for Phase VIII of the Metro Conservation Corridors partnership to acquire in fee at least 82 acres along the lower reaches of the Vermillion River in Dakota County within the Gores Pool Wildlife Management Area.  Land acquired with this appropriation must be sufficiently improved to meet at least


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4334

minimum management standards.  This appropriation may not be used to purchase habitable residential structures, unless expressly approved in the work plan.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.

 

(i) Mesabi Trail Development Soudan to Ely - Phase II

 

$1,000,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the St. Louis and Lake Counties Regional Railroad Authority for the right-of-way acquisition, design, and construction of segments of the Mesabi Trail, totaling approximately seven miles between Soudan and Ely.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.

 

(j) Multi-benefit Watershed Scale Conservation on North Central Lakes

 

$950,000 the first year is from the trust fund to the Board of Water and Soil Resources to secure permanent conservation easements on at least 480 acres of high-quality habitat in Crow Wing and Cass Counties.  Of this amount, up to $65,000 must be deposited in a conservation easement stewardship account; and $54,000 is for an agreement with the Leech Lake Area Watershed Foundation in cooperation with Crow Wing County Soil and Water Conservation District and Cass County Soil and Water Conservation District.  Deposits into the conservation easement stewardship account must be made upon closing on conservation easements or at a time otherwise approved in the work plan.  A list of proposed easement acquisitions must be provided as part of the required work plan.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.

 

(k) Conservation Easement Assessment and Valuation System Development

 

$250,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to assess the effectiveness of existing conservation easements acquired through state expenditures at achieving their intended outcomes of public value and ecological benefits and to develop a standardized, objective conservation easement valuation system for guiding future state investments in conservation easements to ensure the proposed environmental benefits are being achieved in a cost-effective manner.  This appropriation is available until June 30, 2018, by which time the project must be completed and final products delivered.


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4335

Sec. 5.  Laws 2017, chapter 96, section 2, subdivision 9, is amended to read:

 

Subd. 9.  Land Acquisition, Habitat, and Recreation

 

999,000

 

 

13,533,000

 

 

-0-

 

(a) Metropolitan Regional Parks System Land Acquisition

 

 

 

 

 

$1,500,000 the first year is from the trust fund to the Metropolitan Council for grants to acquire approximately 197 70 acres of land within the approved park boundaries of the metropolitan regional park system.  This appropriation may not be used to purchase habitable residential structures.  A list of proposed fee title acquisitions must be provided as part of the required work plan.  This appropriation must be matched by at least 40 percent of nonstate money that must be committed by December 31, 2017.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(b) Scientific and Natural Areas Acquisition and Restoration, Citizen Science, and Engagement

 

 

 

 

$2,500,000 the first year is from the trust fund to the commissioner of natural resources to acquire at least 250 acres of land with high‑quality native plant communities and rare features to be established as scientific and natural areas as provided in Minnesota Statutes, section 86A.05, subdivision 5, restore and improve at least 1,000 acres of scientific and natural areas, and provide technical assistance and outreach, including site steward events.  At least one-third of the appropriation must be spent on restoration activities.  A list of proposed acquisitions and restorations must be provided as part of the required work plan.  Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards, as determined by the commissioner of natural resources.  When feasible, consideration must be given to accommodate trails on lands acquired.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(c) Minnesota State Parks and State Trails Land Acquisition

 

 

 

 

$1,500,000 the first year is from the trust fund to the commissioner of natural resources to acquire approximately 373 acres from willing sellers for authorized state trails and critical parcels within the statutory boundaries of state parks.  State park land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards, as determined by the commissioner of natural resources.  A list of proposed acquisitions must be provided as part of the required work plan.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.


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(d) Minnesota State Trails Acquisition, Development, and Enhancement

 

 

 

 

$999,000 in fiscal year 2017 and $39,000 the first year are from the trust fund to the commissioner of natural resources for state trail acquisition, development, and enhancement in southern Minnesota.  A proposed list of trail projects on authorized state trails must be provided as part of the required work plan.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(e) Native Prairie Stewardship and Prairie Bank Easement Acquisition

 

 

 

 

$2,675,000 the first year is from the trust fund to the commissioner of natural resources to acquire native prairie bank easements in accordance with Minnesota Statutes, section 84.96, on approximately 335 250 acres, prepare baseline property assessments, restore and enhance at least 570 acres of native prairie sites, and provide technical assistance to landowners.  Of this amount, up to $132,000 may be deposited in a conservation easement stewardship account.  Deposits into the conservation easement stewardship account must be made upon closing on conservation easements or at a time otherwise approved in the work plan.  A list of proposed easement acquisitions must be provided as part of the required work plan.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(f) Leech Lake Acquisition

 

 

 

 

 

$1,500,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Leech Lake Band of Ojibwe to acquire approximately 45 acres, including 0.67 miles of shoreline of high-quality aquatic and wildlife habitat at the historic meeting place between Henry Schoolcraft and the Anishinabe people.  The land must be open to public use including hunting and fishing.  The band must provide a commitment that land will not be put in a federal trust through the Bureau of Indian Affairs.

 

(g) Mesabi Trail Development

 

 

 

 

 

$2,269,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the St. Louis and Lake Counties Regional Railroad Authority for engineering and constructing segments of the Mesabi Trail.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4337

(h) Tower Trailhead Boat Landing and Habitat Improvement - Phase II

 

 

 

 

$600,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Tower to construct a trailhead and boat landing and restore vegetative habitat on city-owned property.  Plant and seed materials must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(i) Land Acquisition for Voyageurs National Park Crane Lake Visitors Center

 

 

 

 

$950,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the town of Crane Lake, in partnership with Voyageurs National Park and the Department of Natural Resources, to acquire approximately 30 acres to be used for a visitor center and campground.  Income generated by the campground may be used to support the facility.

 

Sec. 6.  TRANSFER.

 

On June 30, 2019, any unencumbered money from Laws 2017, chapter 96, section 2, subdivision 10, paragraph (b), is transferred to the grants management system under Laws 2016, chapter 186, section 2, subdivision 10, paragraph (b).

 

Sec. 7.  EFFECTIVE DATE.

 

Sections 1 to 6 are effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying previous appropriations; amending Minnesota Statutes 2018, section 116P.08, subdivision 2; Laws 2015, chapter 76, section 2, subdivision 9, as amended; Laws 2017, chapter 96, section 2, subdivision 9."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 5, 653 and 2032 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 802, 2314 and 2415 were read for the second time.


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4338

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Noor introduced:

 

H. F. No. 2852, A bill for an act relating to economic development; creating a Minnesota Innovation Collaborative; authorizing grants; appropriating money.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Poppe introduced:

 

H. F. No. 2853, A bill for an act relating to capital investment; appropriating money for improvements to the wastewater treatment facility in Austin; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Poppe introduced:

 

H. F. No. 2854, A bill for an act relating to capital investment; appropriating money for the expansion of the Hormel Institute facility in the city of Austin; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Dettmer, Gunther, Urdahl, Nash, Ecklund, Persell, Lueck, Gruenhagen, Davids and Heinrich introduced:

 

H. F. No. 2855, A bill for an act relating to capital investment; appropriating money for improvements to the Disabled Veterans Rest Camp.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Carlson, L.; Freiberg; Youakim and Winkler introduced:

 

H. F. No. 2856, A bill for an act relating to taxes; local government aids; increasing the appropriation and modifying the minimum aid payments for 2020; amending Minnesota Statutes 2018, sections 477A.013, subdivision 9; 477A.03, subdivision 2a.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

      Winkler moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Poppe.


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4339

           Grossell was excused between the hours of 11:15 a.m. and 1:00 p.m.

 

      Hamilton was excused for the remainder of today's session.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, April 29, 2019 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. Nos. 802 and 2415.

 

 

CALENDAR FOR THE DAY

 

 

TAKEN FROM TABLE

 

      Winkler moved that H. F. No. 2414, the first engrossment, be taken from the table.  The motion prevailed.

 

 

      H. F. No. 2414, the first engrossment, was again reported to the House.

 

 

Liebling moved to amend H. F. No. 2414, the first engrossment, as follows:

 

Page 370, line 5, strike "reviewed by"

 

Page 370, line 6, strike "the state advisory council on mental health and then"

 

Page 435, line 7, after "state" insert ", including the number of people served, response times, number of face-to-face contacts, call outcomes, and protocols for when to respond face-to-face."

 

Page 435, line 12, after "concerns" insert ", and the process to file a complaint with the department"

 

Page 579, line 22, delete "should" and insert "shall"

 

Page 761, after line 22, insert:

 

"EFFECTIVE DATE.  This section is effective upon certification from the commissioner of health that the department has the procedures and guidelines in place to implement this section, or August 1, 2020, whichever is earlier.  The commissioner shall provide this certification to the revisor of statutes."

 

Page 763, after line 4, insert:

 

"EFFECTIVE DATE.  This section is effective August 1, 2020."


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4340

Page 869, line 13, delete "service" and insert "services"

 

Page 876, line 14, delete everything after the period

 

Page 876, delete lines 15 and 16

 

Page 885, line 21, delete "client's" and insert "resident's"

 

Page 885, line 23, delete "client" and insert "resident"

 

Page 1029, line 16, delete "250,590,000" and insert "247,273,000" and delete "253,568,000" and insert "251,124,000"

 

Page 1029, line 21, delete "60,979,000" and insert "57,662,000" and delete "62,630,000" and insert "60,186,000"

 

Page 1029, line 31, delete "10,500,000" and insert "7,183,000" and delete "9,474,000" and insert "7,030,000"

 

Page 1035, line 6, after the period, insert "The state government special revenue fund base is $10,572,000 in fiscal year 2022 and $9,474,000 in fiscal year 2023."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Pinto moved to amend H. F. No. 2414, the first engrossment, as amended, as follows:

 

Page 755, after line 27, insert:

 

"Sec. 70.  Minnesota Statutes 2018, section 145.928, subdivision 1, is amended to read:

 

Subdivision 1.  Goal; establishment.  It is the goal of the state, by 2010, to decrease by 50 percent the disparities in infant mortality rates and adult and child immunization rates for American Indians and populations of color, as compared with rates for whites.  To do so and to achieve other measurable outcomes, the commissioner of health shall establish a program to close the gap in the health status of American Indians and populations of color as compared with whites in the following priority areas:  infant mortality, access to and utilization of high-quality prenatal care, breast and cervical cancer screening, HIV/AIDS and sexually transmitted infections, adult and child immunizations, cardiovascular disease, diabetes, and accidental injuries and violence.

 

Sec. 71.  Minnesota Statutes 2018, section 145.928, subdivision 7, is amended to read:

 

Subd. 7.  Community grant program; immunization rates, prenatal care access and utilization, and infant mortality rates.  (a) The commissioner shall award grants to eligible applicants for local or regional projects and initiatives directed at reducing health disparities in one or both more of the following priority areas:

 

(1) decreasing racial and ethnic disparities in infant mortality rates; or

 

(2) decreasing racial and ethnic disparities in access to and utilization of high-quality prenatal care; or

 

(2) (3) increasing adult and child immunization rates in nonwhite racial and ethnic populations.


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4341

(b) The commissioner may award up to 20 percent of the funds available as planning grants.  Planning grants must be used to address such areas as community assessment, coordination activities, and development of community supported strategies.

 

(c) Eligible applicants may include, but are not limited to, faith-based organizations, social service organizations, community nonprofit organizations, community health boards, tribal governments, and community clinics.  Applicants must submit proposals to the commissioner.  A proposal must specify the strategies to be implemented to address one or both more of the priority areas listed in paragraph (a) and must be targeted to achieve the outcomes established according to subdivision 3.

 

(d) The commissioner shall give priority to applicants who demonstrate that their proposed project or initiative:

 

(1) is supported by the community the applicant will serve;

 

(2) is research-based or based on promising strategies;

 

(3) is designed to complement other related community activities;

 

(4) utilizes strategies that positively impact both two or more priority areas;

 

(5) reflects racially and ethnically appropriate approaches; and

 

(6) will be implemented through or with community-based organizations that reflect the race or ethnicity of the population to be reached."

 

Page 1002, line 29, delete "8,244,381,000" and insert "8,244,231,000"

 

Page 1003, line 3, delete "7,408,609,000" and insert "7,408,459,000"

 

Page 1019, line 21, delete "23,175,000" and insert "23,025,000"

 

Page 1020, line 9, delete "$260,000" and insert "$110,000"

 

Page 1029, line 16, delete "250,590,000" and insert "250,740,000"

 

Page 1029, line 19, delete "141,180,000" and insert "141,330,000"

 

Page 1029, line 29, delete "101,695,000" and insert "101,845,000"

 

Page 1034, after line 33, insert:

 

"(q) Disparities in Access and Utilization of High-Quality Prenatal Care.  $150,000 in fiscal year 2020 is from the general fund for grants under Minnesota Statutes, section 145.928, subdivision 7, paragraph (a), clause (2), to decrease racial and ethnical disparities in access to and utilization of high-quality prenatal care.  This appropriation is in addition to base level funding for fiscal year 2020."

 

Page 1035, line 1, delete "(q)" and insert "(r)"

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4342

Koegel moved to amend H. F. No. 2414, the first engrossment, as amended, as follows:

 

Page 993, after line 2, insert:

 

"Section 1.  [10.584] MATERNAL MENTAL HEALTH AWARENESS MONTH.

 

The month of May is designated as Maternal Mental Health Awareness Month in recognition of the state's desire to recognize the prevalence of pregnancy and postpartum mental health issues and educate the people of the state about identifying symptoms and seeking treatment options.  Up to one-third of mothers report having symptoms of pregnancy and postpartum mood and anxiety disorders each year.  Many more cases go unreported due to misunderstanding.  Pregnancy and postpartum mood disorders are widespread but treatable illnesses.  Left untreated, pregnancy and postpartum mood and anxiety disorders can lead to negative effects on birth outcomes, infant development, and the well-being of mothers and families.  The state declares that in order to educate the public, the governor may promote and encourage the observance of Maternal Mental Health Awareness Month."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Moran moved to amend H. F. No. 2414, the first engrossment, as amended, as follows:

 

Page 567, after line 19, insert:

 

"Sec. 139.  Minnesota Statutes 2018, section 256B.79, subdivision 2, is amended to read:

 

Subd. 2.  Pilot Grant program established.  The commissioner shall implement a pilot grant program to improve birth outcomes and strengthen early parental resilience for pregnant women who are medical assistance enrollees, are at significantly elevated risk for adverse outcomes of pregnancy, and are in targeted populations.  The program must promote the provision of integrated care and enhanced services to these pregnant women, including postpartum coordination to ensure ongoing continuity of care, by qualified integrated perinatal care collaboratives.

 

Sec. 140.  Minnesota Statutes 2018, section 256B.79, subdivision 3, is amended to read:

 

Subd. 3.  Grant awards.  The commissioner shall award grants to qualifying applicants to support interdisciplinary, integrated perinatal care.  Grants must be awarded beginning July 1, 2016.  Grant funds must be distributed through a request for proposals process to a designated lead agency within an entity that has been determined to be a qualified integrated perinatal care collaborative or within an entity in the process of meeting the qualifications to become a qualified integrated perinatal care collaborative, and priority shall be given to qualified integrated perinatal care collaboratives that received grants under this section prior to January 1, 2019.  Grant awards must be used to support interdisciplinary, team-based needs assessments, planning, and implementation of integrated care and enhanced services for targeted populations.  In determining grant award amounts, the commissioner shall consider the identified health and social risks linked to adverse outcomes and attributed to enrollees within the identified targeted population.


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4343

Sec. 141.  Minnesota Statutes 2018, section 256B.79, subdivision 4, is amended to read:

 

Subd. 4.  Eligibility for grants.  To be eligible for a grant under this section, an entity must show that the entity meets or is in the process of meeting meet qualifications established by the commissioner to be a qualified integrated perinatal care collaborative.  These qualifications must include evidence that the entity has or is in the process of developing policies, services, and partnerships to support interdisciplinary, integrated care.  The policies, services, and partnerships must meet specific criteria and be approved by the commissioner.  The commissioner shall establish a process to review the collaborative's capacity for interdisciplinary, integrated care, to be reviewed at the commissioner's discretion.  In determining whether the entity meets the qualifications for a qualified integrated perinatal care collaborative, the commissioner shall verify and review whether the entity's policies, services, and partnerships:

 

(1) optimize early identification of drug and alcohol dependency and abuse during pregnancy, effectively coordinate referrals and follow-up of identified patients to evidence-based or evidence-informed treatment, and integrate perinatal care services with behavioral health and substance abuse services;

 

(2) enhance access to, and effective use of, needed health care or tribal health care services, public health or tribal public health services, social services, mental health services, chemical dependency services, or services provided by community-based providers by bridging cultural gaps within systems of care and by integrating community-based paraprofessionals such as doulas and community health workers as routinely available service components;

 

(3) encourage patient education about prenatal care, birthing, and postpartum care, and document how patient education is provided.  Patient education may include information on nutrition, reproductive life planning, breastfeeding, and parenting;

 

(4) integrate child welfare case planning with substance abuse treatment planning and monitoring, as appropriate;

 

(5) effectively systematize screening, collaborative care planning, referrals, and follow up for behavioral and social risks known to be associated with adverse outcomes and known to be prevalent within the targeted populations;

 

(6) facilitate ongoing continuity of care to include postpartum coordination and referrals for interconception care, continued treatment for substance abuse, identification and referrals for maternal depression and other chronic mental health conditions, continued medication management for chronic diseases, and appropriate referrals to tribal or county-based social services agencies and tribal or county-based public health nursing services; and

 

(7) implement ongoing quality improvement activities as determined by the commissioner, including collection and use of data from qualified providers on metrics of quality such as health outcomes and processes of care, and the use of other data that has been collected by the commissioner.

 

Sec. 142.  Minnesota Statutes 2018, section 256B.79, subdivision 5, is amended to read:

 

Subd. 5.  Gaps in communication, support, and care.  A collaborative receiving a grant under this section must develop means of identifying and reporting identify and report gaps in the collaborative's communication, administrative support, and direct care, if any, that must be remedied for the collaborative to continue to effectively provide integrated care and enhanced services to targeted populations.


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Sec. 143.  Minnesota Statutes 2018, section 256B.79, subdivision 6, is amended to read:

 

Subd. 6.  Report.  By January 31, 2019 2021, and every two years thereafter, the commissioner shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance on the status and progress outcomes of the pilot grant program.  The report must:

 

(1) describe the capacity of collaboratives receiving grants under this section;

 

(2) contain aggregate information about enrollees served within targeted populations;

 

(3) describe the utilization of enhanced prenatal services;

 

(4) for enrollees identified with maternal substance use disorders, describe the utilization of substance use treatment and dispositions of any child protection cases;

 

(5) contain data on outcomes within targeted populations and compare these outcomes to outcomes statewide, using standard categories of race and ethnicity; and

 

(6) include recommendations for continuing the program or sustaining improvements through other means beyond June 30, 2019."

 

Page 574, after line 3, insert:

 

"Sec. 144.  REPEALER.

 

(b) Minnesota Statutes 2018, section 256B.79, subdivision 7, is repealed effective the day following final enactment."

 

Page 574, line 4, delete "(b)" and insert "(c)"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Morrison moved to amend H. F. No. 2414, the first engrossment, as amended, as follows:

 

Page 49, after line 4, insert:

 

"Sec. 40.  Minnesota Statutes 2018, section 626.5561, subdivision 1, is amended to read:

 

Subdivision 1.  Reports required.  (a) Except as provided in paragraph (b), a person mandated to report under section 626.556, subdivision 3, shall immediately report to the local welfare agency if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.


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(b) A health care professional or a social service professional who is mandated to report under section 626.556, subdivision 3, is exempt from reporting under paragraph (a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages during pregnancy if the professional is providing or collaborating with other professionals to provide the woman with prenatal care or other health care services.

 

(c) Any person may make a voluntary report if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.

 

(d) An oral report shall be made immediately by telephone or otherwise.  An oral report made by a person required to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare agency.  Any report shall be of sufficient content to identify the pregnant woman, the nature and extent of the use, if known, and the name and address of the reporter.  The local welfare agency shall accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the reporter's name or address as long as the report is otherwise sufficient.

 

(e) For purposes of this section, "prenatal care" means the comprehensive package of medical and psychological support provided throughout the pregnancy."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Scott moved to amend H. F. No. 2414, the first engrossment, as amended, as follows:

 

Page 707, delete lines 5 to 12 and insert:

 

"(k) The board shall conduct periodic audits, on at least an annual basis, of electronic access by permissible users, as identified in paragraph (b), clauses (1), (2), (3), (6), (7), (9), and (10), and of nonelectronic access by permissible users, as identified in paragraph (b), clauses (4), (5), (8), (11), and (12), to the data in subdivision 4, to ensure compliance with permissible use as defined in this section.  A permissible user whose account has been selected for audit shall respond to an inquiry by the board, no later than 30 days after receipt of notice that an audit is being conducted.  Failure to respond may result in deactivation of access to the data in subdivision 4, and referral to the relevant health licensing board, the commissioner of human services, or other appropriate entity.  The board shall report the results of periodic audits to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance and government data practices."

 

Page 707, after line 19, insert:

 

"(m) A permissible user who delegates access to the data submitted under subdivision 4 to an agent or employee shall terminate that individual's access to the data, within three business days of the agent or employee leaving employment with the permissible user.  The board may conduct random audits to determine compliance with this requirement."


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4346

Page 707, before line 20, insert:

 

"Sec. 48.  Minnesota Statutes 2018, section 152.126, subdivision 7, is amended to read:

 

Subd. 7.  Disciplinary action.  (a) A dispenser who knowingly fails to submit data to the board as required under this section is subject to disciplinary action by the appropriate health-related licensing board.

 

(b) A prescriber or dispenser authorized to access the data who knowingly discloses the data in violation of state or federal laws relating to the privacy of health care data shall be subject to disciplinary action by the appropriate health-related licensing board, and appropriate civil penalties.

 

(c) A prescriber or dispenser authorized to access the data who fails to comply with subdivision 6, paragraph (l) or (m), shall be subject to disciplinary action by the appropriate health-related licensing board.

 

Sec. 49.  Minnesota Statutes 2018, section 152.126, is amended by adding a subdivision to read:

 

Subd. 10a.  Patient information on record access.  (a) A patient who has been prescribed a controlled substance may access the prescription monitoring program database in order to obtain information on access by permissible users to the patient's data record, including the name and organizational affiliation of the permissible user and the date of access, subject to any limitations in paragraph (b).  In order to obtain this information, the patient must complete, notarize, and submit a request form developed by the board.  The board shall make this form available to the public on the board's website.

 

(b) Information on access to a patient's data record by permissible users identified under subdivision 6, paragraph (b), clauses (5), (8), (9), and (12), that is part of an active investigation, is classified as confidential data on individuals under section 13.02, subdivision 3, and shall not be made available to a patient making a request under paragraph (a).  A permissible user identified in clauses (5), (8), (9), and (12) shall, upon request by the board of pharmacy, notify the board of pharmacy whether access by the permissible user is part of an active investigation."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Scott moved to amend the Scott amendment to H. F. No. 2414, the first engrossment, as amended, as follows:

 

Page 2, line 10, delete "(a)"

 

Page 2, line 13, delete ", subject"

 

Page 2, line 14, delete everything before the period

 

Page 2, delete lines 17 to 23

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      The question recurred on the Scott amendment, as amended, to H. F. No. 2414, the first engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.


Journal of the House - 41st Day - Thursday, April 25, 2019 - Top of Page 4347

Albright moved to amend H. F. No. 2414, the first engrossment, as amended, as follows:

 

Page 592, line 27, after "authority" insert "and premiums shall be subject to the gross premiums tax under section 297I.05, subdivision 5"

 

Page 595, after line 5, insert:

 

"Subd. 12.  Hospital financial deficiency fund.  The commissioner shall establish and administer a hospital financial deficiency fund, to provide grants or supplemental payments to hospitals, to mitigate the financial effects of low provider reimbursement rates under the OneCare Buy-In."

 

Renumber the subdivisions in sequence

 

Page 595, line 8, delete "11" and insert "12"

 

Page 595, line 9, delete "12" and insert "13"

 

Page 602, after line 19, insert:

 

"Sec. 28 Minnesota Statutes 2018, section 297I.05, subdivision 5, is amended to read:

 

Subd. 5.  Health maintenance organizations, nonprofit health service plan corporations, OneCare Buy-In plans, and community integrated service networks.  (a) A tax is impo