1.1 	A bill for an act
1.2 	relating to natural resources; modifying Clean Water Legacy Act; providing for 
1.3 	coordinated watershed management;amending Minnesota Statutes 2018, sections 
1.4 	103B.3369, subdivisions 5, 9; 103B.801, subdivisions 2, 5; 114D.15, subdivisions 
1.5 	7, 11, 13, by adding subdivisions; 114D.20, subdivisions 2, 3, 5, 7, by adding 
1.6 	subdivisions; 114D.26; 114D.35, subdivisions 1, 3; proposing coding for new law 
1.7 	in Minnesota Statutes, chapter 114D.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2018, section 103B.3369, subdivision 5, is amended to read:
1.10 		Subd. 5.Financial assistance. A base grant may be awarded to a county that provides 
1.11 	a match utilizing a water implementation tax or other local source. A water implementation 
1.12 	tax that a county intends to use as a match to the base grant must be levied at a rate sufficient 
1.13 	to generate a minimum amount determined by the board. The board may award 
1.14 	performance-based, watershed-based, or program-based grants or other financial assistance 
1.15 	to local units of government that are responsible for implementing elements of applicable 
1.16 	portions of watershed management plans, comprehensive plans, local water management 
1.17 	plans, or comprehensive watershed management plans, developed or amended, adopted and 
1.18 	approved, according to chapter 103B, 103C, or 103D. Upon request by a local government 
1.19 	unit, the board may also award performance-based grants to local units of government to 
1.20 	carry out TMDL implementation plans as provided in chapter 114D, if the TMDL 
1.21 	implementation plan has been incorporated into the local water management plan according 
1.22 	to the procedures for approving comprehensive plans, watershed management plans, local 
1.23 	water management plans, or comprehensive watershed management plans under chapter 
1.24 	103B, 103C, or 103D, or if the TMDL implementation plan has undergone a public review 
1.25 	process. Notwithstanding section 16A.41, the board may award performance-based, 
2.1 	watershed-based, or program-based grants or other financial assistance on an advanced 
2.2 	basis and may prescribe the amount of local match required. The fee authorized in section 
2.3 	40A.152 may be used as a local match or as a supplement to state funding to accomplish 
2.4 	implementation of comprehensive plans, watershed management plans, local water 
2.5 	management plans, or comprehensive watershed management plans under this chapter and 
2.6 	chapter 103C or 103D The board may enter into intergovernmental agreements to provide 
2.7 	funding for water management to local governments.

2.8 	Sec. 2. Minnesota Statutes 2018, section 103B.3369, subdivision 9, is amended to read:
2.9 		Subd. 9.Performance-based Criteria. (a) The board shallmust develop and utilize use
2.10 	performance-based criteria for local water resources restoration, protection, and management 
2.11 	programs and projects. The criteria may include but are not limited to science-based 
2.12 	assessments, organizational capacity, priority resource issues, community outreach and 
2.13 	support, partnership potential, potential for multiple benefits, and program and project 
2.14 	delivery efficiency and effectiveness.
2.15 	(b) Notwithstanding paragraph (a), the board may develop and use eligibility criteria 
2.16 	for state grants or other financial assistance provided to local governments.

2.17 	Sec. 3. Minnesota Statutes 2018, section 103B.801, subdivision 2, is amended to read:
2.18 		Subd. 2.Program purposes. The purposes of the comprehensive watershed management 
2.19 	plan program under section 103B.101, subdivision 14, paragraph (a), are to:
2.20 	(1) align local water planning purposes and procedures under this chapter and chapters 
2.21 	103C and 103D on watershed boundaries to create a systematic, watershed-wide, 
2.22 	science-based approach to watershed management;
2.23 	(2) acknowledge and build off existing local government structure, water plan services, 
2.24 	and local capacity;
2.25 	(3) incorporate and make use of data and information, including watershed restoration 
2.26 	and protection strategies under section 114D.26, which may serve to fulfill all or some of 
2.27 	the requirements under chapter 114D;
2.28 	(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;
2.29 	(5) focus on implementation of prioritized and targeted actions capable of achieving 
2.30 	measurable progress; and
3.1 	(6) serve as a substitute for a comprehensive plan, local water management plan, or 
3.2 	watershed management plan developed or amended, approved, and adopted, according to 
3.3 	this chapter or chapter 103C or 103D.

3.4 	Sec. 4. Minnesota Statutes 2018, section 103B.801, subdivision 5, is amended to read:
3.5 		Subd. 5.Timelines; administration. (a) The board shall develop and adopt, by June 
3.6 	30, 2016, a transition plan for development, approval, adoption, and coordination of plans 
3.7 	consistent with section 103A.212. The transition plan must include a goal of completing 
3.8 	statewide transition to comprehensive watershed management plans by 2025. The 
3.9 	metropolitan area may be considered for inclusion in the transition plan. The board may 
3.10 	amend the transition plan no more than once every two years.
3.11 	(b) The board may use the authority under section 103B.3369, subdivision 9, to support 
3.12 	development or implementation of a comprehensive watershed management plan under this 
3.13 	section.

3.14 	Sec. 5. Minnesota Statutes 2018, section 114D.15, is amended by adding a subdivision to 
3.15 	read:
3.16 		Subd. 3a.Comprehensive local water management plan. "Comprehensive local water 
3.17 	management plan" has the meaning given under section 103B.3363, subdivision 3.

3.18 	Sec. 6. Minnesota Statutes 2018, section 114D.15, is amended by adding a subdivision to 
3.19 	read:
3.20 		Subd. 3b.Comprehensive watershed management plan. "Comprehensive watershed 
3.21 	management plan" has the meaning given under section 103B.3363, subdivision 3a.

3.22 	Sec. 7. Minnesota Statutes 2018, section 114D.15, subdivision 7, is amended to read:
3.23 		Subd. 7.Restoration. "Restoration" means actions, including effectiveness monitoring, 
3.24 	that are taken to pursue, achieve, and maintain water quality standards for impaired waters 
3.25 	in accordance with a TMDL that has been approved by the United States Environmental 
3.26 	Protection Agency under federal TMDL requirements.

3.27 	Sec. 8. Minnesota Statutes 2018, section 114D.15, subdivision 11, is amended to read:
3.28 		Subd. 11.TMDL implementation plan. "TMDL implementation plan" means a 
3.29 	document detailing restoration strategies or activities needed to meet the approved TMDL's
3.30 	TMDL pollutant load allocations for point and nonpoint sources. This could include a 
4.1 	WRAPS, a comprehensive watershed management plan, a comprehensive local water 
4.2 	management plan, or another document or strategy that the commissioner of the Pollution 
4.3 	Control Agency determines to be, in whole or in part, sufficient to provide reasonable 
4.4 	assurance of achieving applicable water quality standards.

4.5 	Sec. 9. Minnesota Statutes 2018, section 114D.15, subdivision 13, is amended to read:
4.6 		Subd. 13.Watershed restoration and protection strategy or WRAPS. "Watershed 
4.7 	restoration and protection strategy" or "WRAPS" means a document summarizing scientific 
4.8 	studies of a major watershed no larger than at approximately a hydrologic unit code 8 
4.9 	including the physical, chemical, and biological assessment of the water quality of the 
4.10 	watershed; identification of impairments and water bodies in need of protection; identification 
4.11 	of biotic stressors and sources of pollution, both point and nonpoint; TMDLs for the 
4.12 	impairments; and an implementation table containingscale with strategies and actions
4.13 	designed to achieve and maintain water quality standards and goals.

4.14 	Sec. 10. Minnesota Statutes 2018, section 114D.20, subdivision 2, is amended to read:
4.15 		Subd. 2.Goals for implementation. The following goals must guide the implementation 
4.16 	of this chapter:
4.17 	(1) to identify impaired waters in accordance with federal TMDL requirements within 
4.18 	ten years after May 23, 2006, and thereafter to ensure continuing evaluation of surface 
4.19 	waters for impairments;
4.20 	(2) to submit TMDLs to the United States Environmental Protection Agency for all 
4.21 	impaired waters in a timely manner in accordance with federal TMDL requirements;
4.22 	(3) to set a reasonable time inform and support strategies for implementing restoration 
4.23 	of each identified impaired water and protection activities in a reasonable time period;
4.24 	(4) to systematically evaluate waters, to provide assistance and incentives to prevent 
4.25 	waters from becoming impaired, and to improve the quality of waters that are listed as 
4.26 	impaired but do not have an approved TMDL addressing the impairment;
4.27 	(5) to promptly seek the delisting of waters from the impaired waters list when those 
4.28 	waters are shown to achieve the designated uses applicable to the waters;
4.29 	(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;
4.30 	(7) to support effective measures to prevent the degradation of groundwater according 
4.31 	to the groundwater degradation prevention goal under section 103H.001; and
5.1 	(8) to support effective measures to restore degraded groundwater.

5.2 	Sec. 11. Minnesota Statutes 2018, section 114D.20, subdivision 3, is amended to read:
5.3 		Subd. 3.Implementation policies. The following policies must guide the implementation 
5.4 	of this chapter:
5.5 	(1) develop regional and, multiple pollutant, or watershed TMDLs and TMDL 
5.6 	implementation plans, and TMDLs and TMDL implementation plans for multiple pollutants
5.7 	or WRAPSs, where reasonable and feasible;
5.8 	(2) maximize use of available organizational, technical, and financial resources to perform 
5.9 	sampling, monitoring, and other activities to identify degraded groundwater and impaired 
5.10 	waters, including use of citizen monitoring and citizen monitoring data used by the Pollution 
5.11 	Control Agency in assessing water quality that meets the requirements in Appendix D of 
5.12 	the Volunteer Surface Water Monitoring Guide, Minnesotaestablished by the commissioner 
5.13 	of the Pollution Control Agency (2003);
5.14 	(3) maximize opportunities for restoration of degraded groundwater and impaired waters, 
5.15 	by prioritizing and targeting of available programmatic, financial, and technical resources 
5.16 	and by providing additional state resources to complement and leverage available resources;
5.17 	(4) use existing regulatory authorities to achieve restoration for point and nonpoint 
5.18 	sources of pollution where applicable, and promote the development and use of effective 
5.19 	nonregulatory measures to address pollution sources for which regulations are not applicable;
5.20 	(5) use restoration methods that have a demonstrated effectiveness in reducing 
5.21 	impairments and provide the greatest long-term positive impact on water quality protection 
5.22 	and improvement and related conservation benefits while incorporating innovative approaches 
5.23 	on a case-by-case basis;
5.24 	(6) identify for the legislature any innovative approaches that may strengthen or 
5.25 	complement existing programs;
5.26 	(7) identify and encourage implementation of measures to prevent surface waters from 
5.27 	becoming impaired and to improve the quality of waters that are listed as impaired but have 
5.28 	no approved TMDL addressing the impairment using the best available data and technology, 
5.29 	and establish and report outcome-based performance measures that monitor the progress 
5.30 	and effectiveness of protection and restoration measures;
5.31 	(8) monitor and enforce cost-sharing contracts and impose monetary damages in an 
5.32 	amount up to 150 percent of the financial assistance received for failure to comply; and
6.1 	(9) identify and encourage implementation of measures to prevent groundwater from 
6.2 	becoming degraded and measures that restore groundwater resources.

6.3 	Sec. 12. Minnesota Statutes 2018, section 114D.20, subdivision 5, is amended to read:
6.4 		Subd. 5.Priorities for scheduling and preparing WRAPSs and TMDLs. The 
6.5 	commissioner of the Pollution Control Agency must seek recommendations from the Clean 
6.6 	Water Council shall recommend, the commissioners of natural resources, health and 
6.7 	agriculture, and the Board of Water and Soil Resources regarding priorities for scheduling 
6.8 	and preparing WRAPSs and TMDLs and TMDL implementation plans, taking into account 
6.9 	the severity. Recommendations must consider the causes of the impairment impairments, 
6.10 	the designated uses of those the waters, and other applicable federal TMDL requirements. 
6.11 	In recommending priorities, the council shall also give consideration to, surface water and 
6.12 	groundwater interactions, protection of high-quality waters, waters and watersheds with 
6.13 	declining water quality trends, and waters used as drinking water sources. Furthermore, 
6.14 	consideration must be given to waters and watersheds:
6.15 	(1) with impairments that pose have the greatest potential risk to human health;
6.16 	(2) with impairments that pose have the greatest potential risk to threatened or endangered 
6.17 	species;
6.18 	(3) with impairments that pose have the greatest potential risk to aquatic health;
6.19 	(4) where other public agencies and participating organizations and individuals, especially 
6.20 	local, basinwide basin-wide, watershed, or regional agencies or organizations, have 
6.21 	demonstrated readiness to assist in carrying out the responsibilities, including availability 
6.22 	and organization of human, technical, and financial resources necessary to undertake the 
6.23 	work; and
6.24 	(5) where there is demonstrated coordination and cooperation among cities, counties, 
6.25 	watershed districts, and soil and water conservation districts in planning and implementation 
6.26 	of activities that will assist in carrying out the responsibilities.

6.27 	Sec. 13. Minnesota Statutes 2018, section 114D.20, subdivision 7, is amended to read:
6.28 		Subd. 7.Priorities for funding prevention actions. The Clean Water Council shall 
6.29 	apply the priorities applicable under subdivision 6, as far as practicable, when recommending 
6.30 	priorities for funding actions to prevent groundwater and surface waters from becoming 
6.31 	degraded or impaired and to improve the quality of surface waters that are listed as impaired 
6.32 	but do not have an approved TMDL.

7.1 	Sec. 14. Minnesota Statutes 2018, section 114D.20, is amended by adding a subdivision 
7.2 	to read:
7.3 		Subd. 8.Alternatives; TMDL, TMDL implementation plan, or WRAPS. (a) If the 
7.4 	commissioner of the Pollution Control Agency determines that a comprehensive watershed 
7.5 	management plan or comprehensive local water management plan contains information that 
7.6 	is sufficient and consistent with guidance from the United States Environmental Protection 
7.7 	Agency under section 303(d) of the federal Clean Water Act, the commissioner may submit 
7.8 	the plan to the Environmental Protection Agency according to federal TMDL requirements 
7.9 	as an alternative to developing a TMDL.
7.10 	(b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for 
7.11 	waters or watersheds when the commissioner of the Pollution Control Agency determines 
7.12 	that a comprehensive watershed management plan, a comprehensive local water management 
7.13 	plan, or a statewide or regional strategy published by the Pollution Control Agency meets 
7.14 	the definition in section 114D.15, subdivision 11 or 13.
7.15 	(c) The commissioner of the Pollution Control Agency may request that the Board of 
7.16 	Water and Soil Resources conduct an evaluation of the implementation efforts under a 
7.17 	comprehensive watershed management plan or comprehensive local water management 
7.18 	plan when the commissioner makes a determination under paragraph (b). The board must 
7.19 	conduct the evaluation in accordance with section 103B.102.
7.20 	(d) The commissioner of the Pollution Control Agency may amend or revoke a 
7.21 	determination made under paragraph (a) or (b) after considering the evaluation conducted 
7.22 	under paragraph (c).

7.23 	Sec. 15. Minnesota Statutes 2018, section 114D.20, is amended by adding a subdivision 
7.24 	to read:
7.25 		Subd. 9.Coordinating municipal and local water quality activities. A project, practice, 
7.26 	or program for water quality improvement or protection that is conducted by a watershed 
7.27 	management organization or a local government unit with a comprehensive watershed 
7.28 	management plan or other water management plan approved according to chapter 103B, 
7.29 	103C, or 103D may be considered by the commissioner of the Pollution Control Agency 
7.30 	as contributing to the requirements of a storm water pollution prevention plan (SWPPP) for 
7.31 	a municipal separate storm sewer systems (MS4) permit unless the project, practice, or 
7.32 	program was previously documented as contributing to a different SWPPP for an MS4 
7.33 	permit.

8.1 	Sec. 16. Minnesota Statutes 2018, section 114D.26, is amended to read:
8.2 	114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.
8.3 		Subdivision 1.Contents. (a) The commissioner of the Pollution Control Agency shall 
8.4 	develop watershed restoration and protection strategies. To ensure effectiveness and 
8.5 	accountability in meeting the goals of this chapter, for the purposes of:
8.6 	(1) summarizing the physical, chemical, and biological assessment of the water quality 
8.7 	of the watershed;
8.8 	(2) quantifying impairments and risks to water quality;
8.9 	(3) describing the causes of impairments and pollution sources;
8.10 	(4) consolidating TMDLs in a major watershed; and
8.11 	(5) informing comprehensive local water management plans and comprehensive 
8.12 	watershed management plans.
8.13 	(b) Each WRAPS shall must:
8.14 	(1) identify impaired waters and waters in need of protection;
8.15 	(2) identify biotic stressors causing impairments or threats to water quality;
8.16 	(3) summarize TMDLs, watershed modeling outputs, and resulting pollution load 
8.17 	allocations, wasteload allocations, and priority areas for targeting actions to improve water 
8.18 	quality identify areas with high pollutant-loading rates;
8.19 	(4) identify point sources of pollution for which a national pollutant discharge elimination 
8.20 	system permit is required under section 115.03;
8.21 	(5) identify nonpoint sources of pollution for which a national pollutant discharge 
8.22 	elimination system permit is not required under section 115.03, with sufficient specificity 
8.23 	to prioritize and geographically locate watershed restoration and protection actions;
8.24 	(6) describe the current pollution loading and load reduction needed for each source or 
8.25 	source category to meet water quality standards and goals, including wasteload and load 
8.26 	allocations from TMDLs;
8.27 	(7) contain a plan for ongoing (4) in consultation with local governments and other state 
8.28 	agencies, identify water quality monitoring needed to fill data gaps, determine changing 
8.29 	conditions, and or gauge implementation effectiveness; and
9.1 	(8) (5) contain an implementation table of strategies and actions that are capable of 
9.2 	cumulatively achieving needed pollution load reductions for point and nonpoint sources, 
9.3 	including identifying:
9.4 	(i) water quality parameters of concern;
9.5 	(ii) current water quality conditions;
9.6 	(iii) water quality goals, strategies, and targets by parameter of concern; and
9.7 	(iv) strategies and actions by parameter of concern and an example of the scale of 
9.8 	adoptions needed for each; with a timeline to meet the water quality restoration or protection 
9.9 	goals of this chapter.
9.10 	(v) a timeline for achievement of water quality targets;
9.11 	(vi) the governmental units with primary responsibility for implementing each watershed 
9.12 	restoration or protection strategy; and
9.13 	(vii) a timeline and interim milestones for achievement of watershed restoration or 
9.14 	protection implementation actions within ten years of strategy adoption.
9.15 		Subd. 1a.Coordination. To ensure effectiveness, efficiency, and accountability in 
9.16 	meeting the goals of this chapter, the commissioner of the Pollution Control Agency, in 
9.17 	consultation with the Board of Water and Soil Resources and local government units, must 
9.18 	coordinate the schedule, budget, scope, and use of a WRAPS and related documents and 
9.19 	processes.
9.20 		Subd. 2.Reporting. Beginning July 1, 2016, and every other year thereafter, the 
9.21 	commissioner of the Pollution Control Agency must report on its the agency's website the 
9.22 	progress toward implementation milestones and water quality goals for all adopted TMDLs 
9.23 	and, where available, WRAPSs.
9.24 		Subd. 3.Timelines; administration. Each year, (a) The commissioner of the Pollution 
9.25 	Control Agency must complete WRAPSs for at least ten percent of watershed restoration 
9.26 	and protection strategies for the state's major watersheds. WRAPS shall be by June 30, 
9.27 	2023, unless the commissioner determines that a comprehensive watershed management 
9.28 	plan or comprehensive local water management plan, in whole or in part, meets the definition 
9.29 	in section 114D.15, subdivision 11 or 13. As needed, the commissioner must update the 
9.30 	strategies, in whole or in part, after consulting with the Board of Water and Soil Resources 
9.31 	and local government units.
10.1 	(b) Watershed restoration and protection strategies are governed by the procedures for 
10.2 	approval and notice in section 114D.25, subdivisions 2 and 4, except that WRAPS the 
10.3 	strategies need not be submitted to the United States Environmental Protection Agency.

10.4 	Sec. 17. Minnesota Statutes 2018, section 114D.35, subdivision 1, is amended to read:
10.5 		Subdivision 1.Public and stakeholder participation. (a) Public agencies and private 
10.6 	entities involved in the implementation of implementing this chapter shall must encourage 
10.7 	participation by the public and stakeholders, including local citizens, landowners and, land
10.8 	managers, and public and private organizations, in identifying impaired waters, in developing 
10.9 	TMDLs, in planning, priority setting, and implementing restoration of impaired waters, in 
10.10 	identifying degraded groundwater, and in protecting and restoring groundwater resources.
10.11 	(b) In particular, the commissioner of the Pollution Control Agency shall must make 
10.12 	reasonable efforts to provide timely information to the public and to stakeholders about 
10.13 	impaired waters that have been identified by the agency. The agency shall seek broad and 
10.14 	early public and stakeholder participation in scoping the activities necessary to develop a 
10.15 	TMDL, including the scientific models, methods, and approaches to be used in TMDL 
10.16 	development, and to implement restoration pursuant to section 114D.15, subdivision 7 and 
10.17 	to inform and consult with the public and stakeholders in developing a WRAPS or TMDL.
10.18 	(c) Public agencies and private entities using public funds that are involved in 
10.19 	implementing restoration and protection identified in a comprehensive watershed 
10.20 	management plan or comprehensive local water management plan must make efforts to 
10.21 	inform, consult, and involve the public and stakeholders.
10.22 	(d) The commissioner of the Pollution Control Agency and the Board of Water and Soil 
10.23 	Resources must coordinate public and stakeholder participation in consultation with local 
10.24 	government units. To the extent practicable, implementation of this chapter must be 
10.25 	accomplished in cooperation with local, state, federal, and tribal governments and 
10.26 	private-sector organizations.

10.27 	Sec. 18. Minnesota Statutes 2018, section 114D.35, subdivision 3, is amended to read:
10.28 		Subd. 3.Education. The Clean Water Council shall must develop strategies for 
10.29 	informing, educating, and encouraging the participation of citizens, stakeholders, and others 
10.30 	regarding the identification of impaired waters, development of TMDLs, development of 
10.31 	TMDL implementation plans, implementation of restoration for impaired waters, 
10.32 	identification of degraded groundwater, and protection and restoration of groundwater 
11.1 	resources this chapter. Public agencies shall be are responsible for implementing the 
11.2 	strategies.

11.3 	Sec. 19. [114D.47] NONPOINT FUNDING ALTERNATIVE.
11.4 	Notwithstanding section 114D.50, subdivision 3a, the Board of Water and Soil Resources 
11.5 	may, by board order, establish alternative timelines or content for the priority funding plan 
11.6 	for nonpoint sources under section 114D.50, subdivision 3a, and may use information from 
11.7 	comprehensive watershed management plans or comprehensive local water management 
11.8 	plans to estimate or summarize costs.