1.1.................... moves to amend H.F. No. 2109 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 103G.271, subdivision 6, is amended to
1.4read:
1.5 Subd. 6.
Water use permit processing fee. (a) Except as described in paragraphs
1.6(b) to
(f) (g), a water use permit processing fee must be prescribed by the commissioner in
1.7accordance with the schedule of fees in this subdivision for each water use permit in force
1.8at any time during the year. Fees collected under this paragraph are credited to the water
1.9management account in the natural resources fund. The schedule is as follows, with the
1.10stated fee in each clause applied to the total amount appropriated:
1.11 (1) $140 for amounts not exceeding 50,000,000 gallons per year;
1.12 (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
1.13than 100,000,000 gallons per year;
1.14 (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
1.15than 150,000,000 gallons per year;
1.16 (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
1.17less than 200,000,000 gallons per year;
1.18 (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
1.19than 250,000,000 gallons per year;
1.20 (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
1.21less than 300,000,000 gallons per year;
1.22 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
1.23than 350,000,000 gallons per year;
1.24 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
1.25less than 400,000,000 gallons per year;
1.26 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
1.27than 450,000,000 gallons per year;
2.1 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
2.2less than 500,000,000 gallons per year; and
2.3 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
2.4 (b) For once-through cooling systems, a water use processing fee must be prescribed
2.5by the commissioner in accordance with the following schedule of fees for each water use
2.6permit in force at any time during the year:
2.7 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
2.8 (2) for all other users, $420 per 1,000,000 gallons.
2.9 (c) The fee is payable based on the amount of water appropriated during the year
2.10and, except as provided in paragraph (f), the minimum fee is $100.
2.11 (d) For water use processing fees other than once-through cooling systems:
2.12 (1) the fee for a city of the first class may not exceed $250,000 per year;
2.13 (2) the fee for other entities for any permitted use may not exceed:
2.14 (i) $60,000 per year for an entity holding three or fewer permits;
2.15 (ii) $90,000 per year for an entity holding four or five permits; or
2.16 (iii) $300,000 per year for an entity holding more than five permits;
2.17 (3) the fee for agricultural irrigation may not exceed $750 per year;
2.18 (4) the fee for a municipality that furnishes electric service and cogenerates steam
2.19for home heating may not exceed $10,000 for its permit for water use related to the
2.20cogeneration of electricity and steam; and
2.21 (5) no fee is required for a project involving the appropriation of surface water to
2.22prevent flood damage or to remove flood waters during a period of flooding, as determined
2.23by the commissioner.
2.24 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of
2.25 $150 per month or two percent per month
, whichever is greater, calculated from the
2.26original due date must be imposed on the unpaid balance of fees remaining 30 days after
2.27the sending of a second notice of fees due. A fee may not be imposed on an agency,
2.28as defined in section
16B.01, subdivision 2, or federal governmental agency holding a
2.29water appropriation permit.
2.30 (f) The minimum water use processing fee for a permit issued for irrigation of
2.31agricultural land is $20 for years in which:
2.32 (1) there is no appropriation of water under the permit; or
2.33 (2) the permit is suspended for more than seven consecutive days between May 1
2.34and October 1.
3.1(g) The commissioner shall waive the water use permit processing fee for installations
3.2that use stormwater runoff from impervious services unless the commissioner determines
3.3that the proposed use adversely affects surface water or groundwater to a significant extent.
3.4 (g) (h) A surcharge of $30 per million gallons in addition to the fee prescribed in
3.5paragraph (a) shall be applied to the volume of water used in each of the months of June,
3.6July, and August that exceeds the volume of water used in January for municipal water
3.7use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
3.8with more than one permit shall be determined based on the total appropriations from all
3.9permits that supply a common distribution system.
3.10 Sec. 2. Minnesota Statutes 2013 Supplement, section 103G.287, subdivision 4, is
3.11amended to read:
3.12 Subd. 4.
Groundwater management areas. (a) The commissioner may designate
3.13groundwater management areas and limit total annual water appropriations and uses within
3.14a designated area to ensure sustainable use of groundwater that protects ecosystems, water
3.15quality, and the ability of future generations to meet their own needs. Water appropriations
3.16and uses within a designated management area must be consistent with a plan approved by
3.17the commissioner that addresses water conservation requirements and water allocation
3.18priorities established in section
103G.261.
3.19(b) Notwithstanding section
103G.271, subdivision 1, paragraph (b), and Minnesota
3.20Rules, within designated groundwater management areas, the commissioner may require
3.21general permits as specified in section
103G.271, subdivision 1, paragraph (c), for water
3.22users using less than 10,000 gallons per day or 1,000,000 gallons per year and water
3.23suppliers serving less than 25 persons for domestic purposes. The commissioner may
3.24waive the requirements under section
103G.281 for general permits issued under this
3.25paragraph, and the fee specified in section
103G.301, subdivision 2, paragraph (c), does
3.26not apply to general permits issued under this paragraph.
3.27(c) Within designated groundwater management areas, the commissioner may
3.28require all new wells installed after January 1, 2015, to be equipped with a tamper proof
3.29flow meter to measure the quantity of water appropriated that meets the requirements
3.30established under Minnesota Rules.
3.31 Sec. 3.
NORTH AND EAST METRO GROUNDWATER MANAGEMENT
3.32AREA PILOT PROGRAM.
3.33 Subdivision 1. Alternative water use fees. Notwithstanding Minnesota Statutes,
3.34section 103G.271, subdivision 6, the commissioner of natural resources, in consultation
4.1with public water suppliers and other permitted water users within the north and east
4.2metro groundwater management area, may establish alternative water use permit fees that
4.3encourage water conservation in the area. Alternative water use fees may include:
4.4(1) discounted rates for public water suppliers that demonstrate lower per capita
4.5domestic water use;
4.6(2) discounted rates for permitted users that demonstrate the use of conservation
4.7measures that have lowered water use; and
4.8(3) credits for permitted users that have utilized methods to reuse or allow others to
4.9reuse water that replaces the use of groundwater.
4.10The commissioner shall ensure that alternative water use fees implemented under this
4.11section do not raise significantly more or less revenue than the fees that would otherwise
4.12be collected under Minnesota Statutes, section 103G.271, subdivision 6.
4.13 Subd. 2. Surcharge. Upon the request of the North and East Metro Groundwater
4.14Management Area Project Advisory Team, the commissioner of natural resources may
4.15establish a surcharge not to exceed $....... per 1,000,000 gallons to be added to water use
4.16fees collected under Minnesota Statutes, section 103G.271, subdivision 6, or alternative
4.17water use fees under subdivision 1. The surcharge may be structured similar to conservation
4.18rates to promote conservation. Revenues raised by a surcharge established under this
4.19subdivision shall be deposited in the water management account in the natural resources
4.20fund and are appropriated to the Public Facilities Authority for purposes of subdivision 3.
4.21 Subd. 3. Grants. The Public Facilities Authority, in consultation with the
4.22commissioner of natural resources, shall award grants to governmental units for projects
4.23within the north and east metro groundwater management area that will reduce the use of
4.24groundwater in the area, including transitioning water use from groundwater to surface
4.25and aquifer augmentation. Grants awarded under this subdivision may supplement grants
4.26or loans awarded under Minnesota Statutes, chapter 446A.
4.27 Subd. 4. Revenue bonds. For the purposes of making grants under subdivision
4.283, the Public Facilities Authority may sell and issue revenue bonds payable from the
4.29surcharge imposed under subdivision 2. The commissioner of natural resources and the
4.30authority must enter into an agreement for transfer of surcharge revenues to a debt service
4.31reserve fund established by the authority for repayment of the bonds. The revenue bonds
4.32must be sold and issued following the procedures in Minnesota Statutes, chapter 446A.
4.33The principal amount of bonds issued and outstanding under this subdivision may not
4.34exceed $......., excluding bonds for which refunding bonds or crossover refunding bonds
5.1have been issued. The authority to issue revenue bonds in this subdivision is in addition to
5.2the authority in Minnesota Statutes, section 446A.12, subdivision 1."
5.3Amend the title accordingly