1.1.................... moves to amend H.F. No. 424 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 116G.15, is amended to read:
1.4116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
1.5    Subdivision 1. Establishment; purpose. (a) The federal Mississippi National
1.6River and Recreation Area established pursuant to United States Code, title 16, section
1.7460zz-2(k), is designated an area of critical concern in accordance with this chapter. The
1.8governor shall review the existing Mississippi River critical area plan and specify any
1.9additional standards and guidelines to affected communities in accordance with section
1.10116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of
1.11the area pending the completion of the federal plan. The purpose of the designation is to:
1.12(1) protect and preserve the Mississippi River and adjacent lands that the legislature
1.13finds to be unique, valuable, dynamic, and environmental state and regional resources for
1.14the benefit of the health, safety, and welfare of the citizens of the state, region, and nation;
1.15(2) prevent and mitigate irreversible damages to the natural resources listed under
1.16clause (1);
1.17(3) preserve and enhance the natural, aesthetic, cultural, recreational and historical
1.18values of the Mississippi River and its corridor for public use and benefit;
1.19(4) protect and preserve the Mississippi River and its corridor as an essential element
1.20in the national, state, and regional transportation, sewer and water, and recreational
1.21systems; and
1.22(5) protect and preserve the biological and ecological functions of the Mississippi
1.23River and its corridor.
1.24The results of an environmental impact statement prepared under chapter 116D
1.25begun before and completed after July 1, 1994, for a proposed project that is located in
1.26the Mississippi River critical area north of the United States Army Corps of Engineers
1.27Lock and Dam Number One must be submitted in a report to the chairs of the environment
2.1and natural resources policy and finance committees of the house of representatives
2.2and the senate prior to the issuance of any state or local permits and the authorization
2.3for an issuance of any bonds for the project. A report made under this paragraph shall
2.4be submitted by the responsible governmental unit that prepared the environmental
2.5impact statement, and must list alternatives to the project that are determined by the
2.6environmental impact statement to be economically less expensive and environmentally
2.7superior to the proposed project and identify any legislative actions that may assist in the
2.8implementation of environmentally superior alternatives. This paragraph does not apply
2.9to a proposed project to be carried out by the Metropolitan Council or a metropolitan
2.10agency as defined in section 473.121.
2.11(b) If the results of an environmental impact statement required to be submitted by
2.12paragraph (a) indicate that there is an economically less expensive and environmentally
2.13superior alternative, then no member agency of the Environmental Quality Board shall
2.14issue a permit for the facility that is the subject of the environmental impact statement,
2.15other than an economically less expensive and environmentally superior alternative,
2.16nor shall any government bonds be issued for the facility, other than an economically
2.17less expensive and environmentally superior alternative, until after the legislature has
2.18adjourned its regular session sine die in 1996.
2.19    Subd. 2. Administration; rules. (a) The commissioner of natural resources
2.20shall have authority to adopt such rules pursuant to chapter 14 as are necessary for the
2.21administration of the Mississippi River corridor critical area program. References in this
2.22chapter and related rules, and in governor's executive order number 79-19, published in
2.23the State Register on March 12, 1979, to the Mississippi River corridor critical area related
2.24to duties of the Environmental Quality Council or the Environmental Quality Board shall
2.25be the duties of the commissioner. All rules adopted by the board pursuant to these duties
2.26shall remain in effect and shall be enforced until amended or repealed in accordance with
2.27law by the commissioner. The commissioner shall work in consultation with the United
2.28States Army Corps of Engineers, the National Park Service, the Metropolitan Council,
2.29other agencies, and local units of government to ensure that the Mississippi River corridor
2.30critical area is managed in a way that:
2.31(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
2.32and historic resources and functions of the river corridor;
2.33(2) maintains the river channel for transportation by providing and maintaining
2.34barging and fleeting areas in appropriate locations consistent with the character of the
2.35Mississippi River and riverfront;
3.1(3) provides for the continuation and development of a variety of urban uses,
3.2including industrial and commercial uses, and residential uses, where appropriate, within
3.3the Mississippi River and its corridor;
3.4(4) utilizes certain reaches of the river as a source of water supply and for receiving
3.5wastewater effluents and discharges that meet all applicable standards; and
3.6(5) protects and preserves the biological and ecological functions of the corridor.
3.7(b) The Metropolitan Council shall incorporate the standards developed under
3.8this section into its planning and shall work with local units of government and the
3.9commissioner to ensure the standards are being adopted and implemented appropriately.
3.10    Subd. 3. Districts. The commissioner shall establish districts within the Mississippi
3.11River corridor critical area. The commissioner must seek to minimize the number of
3.12districts within any one municipality and take into account existing ordinances. The
3.13commissioner shall consider the following when establishing the districts:
3.14(1) the protection of the major features of the river in existence as of March 12, 1979;
3.15(2) the protection of improvements such as parks, trails, natural areas, recreational
3.16areas, and interpretive centers;
3.17(3) the use of the Mississippi River as a source of drinking water;
3.18(4) the protection of resources identified in the Mississippi National River and
3.19Recreation Area Comprehensive Management Plan;
3.20(5) the protection of resources identified in comprehensive plans developed by
3.21counties, cities, and towns within the Mississippi River corridor critical area;
3.22(6) the intent of the Mississippi River corridor critical area land use districts from
3.23the governor's executive order number 79-19, published in the State Register on March
3.2412, 1979; and
3.25(7) identified scenic, geologic, and ecological resources.
3.26    Subd. 4. Standards. (a) The commissioner shall establish minimum guidelines and
3.27standards for the districts established in subdivision 3. The guidelines and standards
3.28for each district shall include the intent of each district, key resources and features to
3.29be protected or enhanced based upon paragraph (b), permitted uses, and dimensional
3.30and performance standards for development. The commissioner must take into account
3.31existing ordinances when developing the guidelines and standards under this section. The
3.32commissioner may provide certain exceptions and criteria for standards, including, but
3.33not limited to, exceptions for river access facilities, water supply facilities, storm water
3.34facilities, wastewater treatment facilities, and hydropower facilities.
3.35(b) The guidelines and standards must protect or enhance the following key
3.36resources and features:
4.1(1) floodplains;
4.2(2) wetlands;
4.3(3) gorges;
4.4(4) areas of confluence with key tributaries;
4.5(5) natural drainage routes;
4.6(6) shorelines and riverbanks;
4.7(7) bluffs;
4.8(8) steep slopes and very steep slopes;
4.9(9) unstable soils and bedrock;
4.10(10) significant existing vegetative stands, tree canopies, and native plant
4.11communities;
4.12(11) scenic views and vistas;
4.13(12) publicly owned parks, trails, and open spaces;
4.14(13) cultural and historic sites and structures; and
4.15(14) water quality.
4.16(c) The commissioner shall establish a map to define bluffs and bluff-related features
4.17within the Mississippi River corridor critical area. At the outset of the rulemaking process,
4.18the commissioner shall create a preliminary map of all the bluffs and bluff lines within
4.19the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
4.20rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
4.21commissioner may add to or remove areas of demonstrably unique or atypical conditions
4.22that warrant special protection or exemption. At the end of the rulemaking process, the
4.23commissioner shall adopt a final bluff map that contains associated features, including
4.24bluff lines, bases of bluffs, steep slopes, and very steep slopes.
4.25(d) The following guidelines shall be used by the commissioner to create a
4.26preliminary bluff map as part of the rulemaking process:
4.27(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
4.28high, steep, natural topographic feature such as a broad hill, cliff, or embankment with
4.29a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
4.30base and the bluff line;
4.31(2) "bluff line" means a line delineating the top of a slope connecting the points
4.32at which the slope becomes less than 18 percent. More than one bluff line may be
4.33encountered proceeding upslope from the river valley;
4.34(3) "base of the bluff" means a line delineating the bottom of a slope connecting
4.35the points at which the slope becomes 18 percent or greater. More than one bluff base
4.36may be encountered proceeding landward from the water;
5.1(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
5.2topographic features with an average slope of 12 to 18 percent measured over a horizontal
5.3distance of 50 feet or more; and
5.4(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
5.5natural topographic features with an average slope of 18 percent or greater, measured over
5.6a horizontal distance of 50 feet or more.
5.7    Subd. 5. Application. The standards established under this section shall be used:
5.8(1) by local units of government when preparing or updating plans or modifying
5.9regulations;
5.10(2) by state and regional agencies for permit regulation and in developing plans
5.11within their jurisdiction;
5.12(3) by the Metropolitan Council for reviewing plans, regulations, and development
5.13permit applications; and
5.14(4) by the commissioner when approving plans, regulations, and development
5.15permit applications.
5.16    Subd. 6. Notification; fees. (a) A local unit of government or a regional or state
5.17agency shall notify the commissioner of natural resources of all developments in the
5.18corridor that require discretionary actions under their rules at least ten days before taking
5.19final action on the application. A local unit of government or agency failing to notify the
5.20commissioner at least ten days before taking final action shall submit a late fee of $500
5.21to the commissioner. The commissioner may establish exemptions from the notification
5.22requirement for certain types of applications. For purposes of this section, a discretionary
5.23action includes all actions that require a public hearing, including variances, conditional
5.24use permits, and zoning amendments.
5.25(b) The commissioner shall recover costs of reviewing information submitted under
5.26paragraph (a). Amounts collected under this paragraph must be credited to an account in
5.27the natural resources fund and are appropriated to the commissioner.

5.28    Sec. 2. APPROPRIATION.
5.29$225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from
5.30the clean water fund to the commissioner of natural resources to develop and adopt rules
5.31for the Mississippi River corridor critical area under Minnesota Statutes, section 116G.15,
5.32in order to achieve the required outcomes. The commissioner shall begin rulemaking
5.33under chapter 14, no later than January 15, 2010.

5.34    Sec. 3. REPEALER.
5.35Minnesota Statutes 2008, section 116G.151, is repealed."