1.1.................... moves to amend H.F. No. 3502 as follows:
1.2Delete everything after the enacting clause and insert:

1.3

"Section 1. CLEAN WATER FUND APPROPRIATIONS.

1.4 The sums shown in the columns marked "Appropriations" are appropriated to the
1.5agencies and for the purposes specified in this act. The appropriations are from the clean
1.6water fund, or another named fund, and are available for the fiscal years indicated for each
1.7purpose. The figures "2010" and "2011" used in this act mean that the appropriations
1.8listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
1.9respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011.
1.10"The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal year ending
1.11June 30, 2009, are effective the day following final enactment. All appropriations in
1.12this act are onetime only.

`1.13`	APPROPRIATIONS
`1.14`	Available for the Year
`1.15`	Ending June 30
`1.16`		2010	2011

1.17

Sec. 2. POLLUTION CONTROL AGENCY

-0-

310,000

1.18$310,000 the second year is for continued
1.19rulemaking to establish water quality
1.20standards for total nitrogen and nitrate
1.21nitrogen.

1.22
1.23

Sec. 3. DEPARTMENT OF NATURAL
RESOURCES

-0-

5,000,000

1.24$5,000,000 the second year shall be
1.25transferred to the metropolitan area
2.1groundwater monitoring account established
2.2under Minnesota Statutes, section 103G.272,
2.3to be used by the commissioner of natural
2.4resources for the following purposes:
2.5(1) establish a groundwater monitoring
2.6network in the 11-county metropolitan area
2.7that monitors non-stressed systems to provide
2.8information on aquifer characteristics and
2.9natural water level and water quality trends;
2.10and
2.11(2) develop an automated data system,
2.12including existing wells, to capture
2.13groundwater level and water use data to
2.14enhance the evaluation of water resource
2.15changes in aquifer systems that are stressed
2.16by pumping of existing wells.
2.17The commissioner shall collaborate with the
2.18commissioners of health and the Pollution
2.19Control Agency in designing the methods
2.20used to collect and evaluate the data.

2.21
2.22

Sec. 4. BOARD OF WATER AND SOIL
RESOURCES

-0-

1,939,000

2.23(a) $720,000 the second year is to purchase
2.24and restore permanent conservation
2.25easements on riparian buffers of up to 120
2.26feet adjacent to public waters, excluding
2.27wetlands, to keep water on the land in
2.28order to decrease sediment, pollutant, and
2.29nutrient transport, reduce hydrologic impacts
2.30to surface waters, and increase infiltration
2.31for groundwater recharge. The riparian
2.32buffers must be at least 50 feet unless
2.33there is a natural impediment, a road, or
2.34other impediment beyond the control of
3.1the landowner. This appropriation may
3.2be used for restoration of riparian buffers
3.3protected by easements purchased with
3.4this appropriation and for stream bank
3.5restorations when the riparian buffers have
3.6been restored. Up to five percent may be
3.7used for administration of this program and
3.8up to five percent may be used for technical
3.9design, construction, and project oversight.
3.10(b) $719,000 the second year is for grants
3.11to watershed districts and watershed
3.12management organizations for: (1) structural
3.13or vegetative management practices that
3.14reduce storm water runoff from developed
3.15or disturbed lands to reduce the movement
3.16of sediment, nutrients, and pollutants or
3.17to leverage federal funds for restoration,
3.18protection, or enhancement of water quality
3.19in lakes, rivers, and streams and to protect
3.20groundwater and drinking water; and (2)
3.21the installation of proven and effective
3.22water retention practices including, but not
3.23limited to, rain gardens and other vegetated
3.24infiltration basins and sediment control
3.25basins in order to keep water on the land.
3.26The projects must be of long-lasting public
3.27benefit, include a local match, and be
3.28consistent with TMDL implementation plans
3.29or local water management plans. Watershed
3.30district and watershed management
3.31organization staff and administration may
3.32be used for local match. Priority may be
3.33given to school projects that can be used to
3.34demonstrate water retention practices. Up to
3.35five percent may be used for administering
3.36the grants and up to five percent may be
4.1used for technical design, construction, and
4.2project oversight.
4.3(c) $500,000 the second year is for
4.4permanent conservation easements on
4.5wellhead protection areas under Minnesota
4.6Statutes, section 103F.515, subdivision 2,
4.7paragraph (d). Priority must be placed on
4.8land that is located where the vulnerability
4.9of the drinking water supply management
4.10area, as defined under Minnesota Rules,
4.11part 4720.5100, subpart 13, is designated as
4.12high or very high by the commissioner of
4.13health. Up to five percent may be used for
4.14administration of this program and up to five
4.15percent may be used for technical design,
4.16construction, and project oversight.
4.17(d) The Star Lake Board, established under
4.18Minnesota Statutes, section 103B.702, shall
4.19provide recommendations to the Board of
4.20Water and Soil Resources on a set of criteria
4.21that could be used to designate a lake or river
4.22as a "Minnesota Star Lake" or "Minnesota
4.23Star River".

4.24    Sec. 5. Minnesota Statutes 2009 Supplement, section 103G.271, subdivision 6, is
4.25amended to read:
4.26    Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs
4.27(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
4.28accordance with the schedule of fees in this subdivision for each water use permit in force
4.29at any time during the year. The schedule is as follows, with the stated fee in each clause
4.30applied to the total amount appropriated:
4.31    (1) $140 for amounts not exceeding 50,000,000 gallons per year;
4.32    (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
4.33than 100,000,000 gallons per year;
4.34    (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
4.35than 150,000,000 gallons per year;
5.1    (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
5.2less than 200,000,000 gallons per year;
5.3    (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
5.4than 250,000,000 gallons per year;
5.5    (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
5.6less than 300,000,000 gallons per year;
5.7    (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
5.8than 350,000,000 gallons per year;
5.9    (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
5.10less than 400,000,000 gallons per year;
5.11    (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
5.12than 450,000,000 gallons per year;
5.13    (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
5.14less than 500,000,000 gallons per year; and
5.15    (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
5.16    (b) For once-through cooling systems, a water use processing fee must be prescribed
5.17by the commissioner in accordance with the following schedule of fees for each water use
5.18permit in force at any time during the year:
5.19    (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
5.20    (2) for all other users, $420 per 1,000,000 gallons.
5.21    (c) The fee is payable based on the amount of water appropriated during the year
5.22and, except as provided in paragraph (f), the minimum fee is $100.
5.23    (d) For water use processing fees other than once-through cooling systems:
5.24    (1) the fee for a city of the first class may not exceed $250,000 per year;
5.25    (2) the fee for other entities for any permitted use may not exceed:
5.26    (i) $60,000 per year for an entity holding three or fewer permits;
5.27    (ii) $90,000 per year for an entity holding four or five permits; or
5.28    (iii) $300,000 per year for an entity holding more than five permits;
5.29    (3) the fee for agricultural irrigation may not exceed $750 per year;
5.30    (4) the fee for a municipality that furnishes electric service and cogenerates steam
5.31for home heating may not exceed $10,000 for its permit for water use related to the
5.32cogeneration of electricity and steam; and
5.33    (5) no fee is required for a project involving the appropriation of surface water to
5.34prevent flood damage or to remove flood waters during a period of flooding, as determined
5.35by the commissioner.
6.1    (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
6.2percent per month calculated from the original due date must be imposed on the unpaid
6.3balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
6.4may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
6.5governmental agency holding a water appropriation permit.
6.6    (f) The minimum water use processing fee for a permit issued for irrigation of
6.7agricultural land is $20 for years in which:
6.8    (1) there is no appropriation of water under the permit; or
6.9    (2) the permit is suspended for more than seven consecutive days between May 1
6.10and October 1.
6.11    (g) A surcharge of $30 per million gallons in addition to the fee prescribed in
6.12paragraph (a) shall be applied to the volume of water used in each of the months of June,
6.13July, and August that exceeds the volume of water used in January for municipal water
6.14use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
6.15with more than one permit shall be determined based on the total appropriations from all
6.16permits that supply a common distribution system.
6.17(h) A water monitoring fee of .0008 cents per gallon shall be applied to the volume
6.18of groundwater used in the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti,
6.19Ramsey, Scott, Sherburne, Washington, and Wright. Fees collected under this paragraph
6.20must be credited to the metropolitan area groundwater monitoring account established in
6.21section 103G.272.
6.22EFFECTIVE DATE.This section is effective January 1, 2011.

6.23    Sec. 6. [103G.272] METROPOLITAN AREA GROUNDWATER MONITORING
6.24ACCOUNT.
6.25A metropolitan area groundwater monitoring account is created in the natural
6.26resources fund. Money in the account is appropriated to the commissioner of natural
6.27resources to provide for monitoring the groundwater quantity and quality of non-stressed
6.28systems in the 11-county metropolitan area, to include the installation, maintenance, and
6.29sealing of new or existing groundwater level monitoring wells, monitoring equipment,
6.30groundwater data analysis, and data management systems. Money received from the water
6.31monitoring fee under section 103G.271, subdivision 6, paragraph (h), and interest earned
6.32on the account shall be deposited into the account.

6.33    Sec. 7. Laws 2009, chapter 172, article 2, section 4, is amended to read:

7.1
7.2

Sec. 4. POLLUTION CONTROL AGENCY

24,076,000

~~27,285,000~~
22,785,000

7.3(a) $9,000,000 the first year and $9,000,000
7.4the second year are to develop total
7.5maximum daily load (TMDL) studies and
7.6TMDL implementation plans for waters
7.7listed on the United States Environmental
7.8Protection Agency approved impaired
7.9waters list in accordance with Minnesota
7.10Statutes, chapter 114D. The agency shall
7.11complete an average of ten percent of the
7.12TMDLs each year over the biennium. Of
7.13this amount, $348,000 the first year is to
7.14retest the comprehensive assessment of the
7.15biological conditions of the lower Minnesota
7.16River and its tributaries within the Lower
7.17Minnesota River Major Watershed, as
7.18previously assessed from 1976 to 1992 under
7.19the Minnesota River Assessment Project
7.20(MRAP). The assessment must include the
7.21same fish species sampling at the same 116
7.22locations and the same macroinvertebrate
7.23sampling at the same 41 locations as the
7.24MRAP assessment. The assessment must:
7.25(1) include an analysis of the findings; and
7.26(2) identify factors that limit aquatic life in
7.27the Minnesota River.
7.28Of this amount, $250,000 the first year is
7.29for a pilot project for the development of
7.30total maximum daily load (TMDL) studies
7.31conducted on a watershed basis within
7.32the Buffalo River watershed in order to
7.33protect, enhance, and restore water quality
7.34in lakes, rivers, and streams. The pilot
7.35project shall include all necessary field
8.1work to develop TMDL studies for all
8.2impaired subwatersheds within the Buffalo
8.3River watershed and provide information
8.4necessary to complete reports for most of the
8.5remaining watersheds, including analysis of
8.6water quality data, identification of sources
8.7of water quality degradation and stressors,
8.8load allocation development, development
8.9of reports that provide protection plans
8.10for subwatersheds that meet water quality
8.11standards, and development of reports that
8.12provide information necessary to complete
8.13TMDL studies for subwatersheds that do not
8.14meet water quality standards, but are not
8.15listed as impaired.
8.16(b) $500,000 the first year is for development
8.17of an enhanced TMDL database to manage
8.18and track progress. Of this amount, $63,000
8.19the first year is to promulgate rules. By
8.20November 1, 2010, the commissioner shall
8.21submit a report to the chairs of the house of
8.22representatives and senate committees with
8.23jurisdiction over environment and natural
8.24resources finance on the outcomes achieved
8.25with this appropriation.
8.26(c) $1,500,000 the first year and $3,169,000
8.27the second year are for grants under
8.28Minnesota Statutes, section 116.195, to
8.29political subdivisions for up to 50 percent
8.30of the costs to predesign, design, and
8.31implement capital projects that use treated
8.32municipal wastewater instead of groundwater
8.33from drinking water aquifers, in order to
8.34demonstrate the beneficial use of wastewater,
8.35including the conservation and protection of
8.36water resources. Of this amount, $1,000,000
9.1the first year is for grants to ethanol plants
9.2that are within one and one-half miles of a
9.3city for improvements that reuse greater than
9.4300,000 gallons of wastewater per day.
9.5(d) $1,125,000 the first year and $1,125,000
9.6the second year are for groundwater
9.7assessment and drinking water protection to
9.8include:
9.9(1) the installation and sampling of at least
9.1030 new monitoring wells;
9.11(2) the analysis of samples from at least 40
9.12shallow monitoring wells each year for the
9.13presence of endocrine disrupting compounds;
9.14and
9.15(3) the completion of at least four to
9.16five groundwater models for TMDL and
9.17watershed plans.
9.18(e) $2,500,000 the first year is for the clean
9.19water partnership program. Priority shall be
9.20given to projects preventing impairments and
9.21degradation of lakes, rivers, streams, and
9.22groundwater in accordance with Minnesota
9.23Statutes, section 114D.20, subdivision 2,
9.24clause (4). Any balance remaining in the first
9.25year does not cancel and is available for the
9.26second year.
9.27(f) $896,000 the first year is to establish
9.28a network of water monitoring sites, to
9.29include at least 20 additional sites, in public
9.30waters adjacent to wastewater treatment
9.31facilities across the state to assess levels of
9.32endocrine-disrupting compounds, antibiotic
9.33compounds, and pharmaceuticals as required
10.1in this article. The data must be placed on
10.2the agency's Web site.
10.3(g) $155,000 the first year is to provide
10.4notification of the potential for coal tar
10.5contamination, establish a storm water
10.6pond inventory schedule, and develop best
10.7management practices for treating and
10.8cleaning up contaminated sediments as
10.9required in this article. ~~$345,000~~ $645,000
10.10the second year is ~~to develop a model~~
10.11~~ordinance for the restricted use of undiluted~~
10.12~~coal tar sealants and~~ to provide grants to local
10.13units of government for up to 50 percent of
10.14the costs to implement best management
10.15practices to treat or clean up contaminated
10.16sediments in storm water ponds and other
10.17waters as defined under this article. Local
10.18governments must have adopted an ordinance
10.19for the restricted use of undiluted coal tar
10.20sealants in order to be eligible for a grant,
10.21unless a statewide restriction has been
10.22implemented. A grant awarded under this
10.23paragraph must not exceed $100,000. Up to
10.24$145,000 of the appropriation in the second
10.25year may be used to complete work required
10.26under section 28, paragraph (c).
10.27(h) $350,000 the first year and ~~$400,000~~
10.28$600,000 the second year are for a restoration
10.29project in the lower St. Louis River and
10.30Duluth harbor in order to improve water
10.31quality. This appropriation must be matched
10.32by nonstate money at a rate of at least $2 for
10.33every $1 of state money.
10.34(i) $150,000 the first year and $196,000 the
10.35second year are for grants to the Red River
11.1Watershed Management Board to enhance
11.2and expand existing river watch activities in
11.3the Red River of the North. The Red River
11.4Watershed Management Board shall provide
11.5a report that includes formal evaluation
11.6results from the river watch program to the
11.7commissioners of education and the Pollution
11.8Control Agency and to the legislative natural
11.9resources finance and policy committees
11.10and K-12 finance and policy committees by
11.11February 15, 2011.
11.12(j) $200,000 the first year and $300,000 the
11.13second year are for coordination with the
11.14state of Wisconsin and the National Park
11.15Service on comprehensive water monitoring
11.16and phosphorus reduction activities in the
11.17Lake St. Croix portion of the St. Croix
11.18River. The Pollution Control Agency
11.19shall work with the St. Croix Basin Water
11.20Resources Planning Team and the St. Croix
11.21River Association in implementing the
11.22water monitoring and phosphorus reduction
11.23activities. This appropriation is available
11.24to the extent matched by nonstate sources.
11.25Money not matched by November 15, 2010,
11.26cancels for this purpose and is available for
11.27the purposes of paragraph (a).
11.28(k) $7,500,000 the first year and $7,500,000
11.29the second year are for completion of 20
11.30percent of the needed statewide assessments
11.31of surface water quality and trends. Of this
11.32amount, $175,000 the first year and $200,000
11.33the second year are for monitoring and
11.34analyzing endocrine disruptors in surface
11.35waters.
12.1(l) $100,000 the first year and $150,000
12.2the second year are for civic engagement
12.3in TMDL development. The agency shall
12.4develop a plan for expenditures under
12.5this paragraph. The agency shall give
12.6consideration to civic engagement proposals
12.7from basin or sub-basin organizations,
12.8including the Mississippi Headwaters Board,
12.9the Minnesota River Joint Powers Board,
12.10Area II Minnesota River Basin Projects,
12.11and the Red River Basin Commission.
12.12By November 15, 2009, the plan shall be
12.13submitted to the house and senate chairs
12.14and ranking minority members of the
12.15environmental finance divisions.
12.16~~(m) $5,000,000 the second year is for~~
12.17~~groundwater protection or prevention of~~
12.18~~groundwater degradation activities. By~~
12.19~~January 15, 2010, the commissioner, in~~
12.20~~consultation with the commissioner of~~
12.21~~natural resources, the Board of Water and~~
12.22~~Soil Resources, and other agencies, shall~~
12.23~~submit a report to the chairs of the house of~~
12.24~~representatives and senate committees with~~
12.25~~jurisdiction over the clean water fund on the~~
12.26~~intended use of these funds. The legislature~~
12.27~~must approve expenditure of these funds by~~
12.28~~law.~~
12.29(n) $100,000 the first year and $100,000 the
12.30second year are for grants to the Star Lake
12.31Board established under Minnesota Statutes,
12.32section 103B.702. The appropriation is a
12.33pilot program to focus on engaging citizen
12.34participation and fostering local partnerships
12.35by increasing citizen involvement in water
12.36quality enhancement by designating star
13.1lakes and rivers. The board shall include
13.2information on the results of this pilot
13.3program in its next biennial report under
13.4Minnesota Statutes, section 103B.702. The
13.5second year grants are available only if
13.6the Board of Water and Soil Resources
13.7determines that the money granted in the first
13.8year furthered the water quality goals in the
13.9star lakes program in Minnesota Statutes,
13.10section 103B.701. * (The preceding
13.11paragraph beginning "(n) $100,000 the
13.12first year" was indicated as vetoed by the
13.13governor.)
13.14Notwithstanding Minnesota Statutes, section
13.1516A.28 , the appropriations encumbered on or
13.16before June 30, 2011, as grants or contracts
13.17in this section are available until June 30,
13.182013."
13.19Delete the title and insert:

13.20"A bill for an act

13.21relating to water; establishing a metropolitan area groundwater monitoring
13.22account and fee; appropriating money;amending Minnesota Statutes 2009
13.23Supplement, section 103G.271, subdivision 6; Laws 2009, chapter 172, article 2,
13.24section 4; proposing coding for new law in Minnesota Statutes, chapter 103G."