1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to legacy; imposing additional requirements on recipients of certain |
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3 | 3 | | 1.3 appropriations from the outdoor heritage fund or the clean water fund; amending |
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4 | 4 | | 1.4 Minnesota Statutes 2024, sections 97A.056, subdivision 12; 114D.50, subdivision |
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5 | 5 | | 1.5 4. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 97A.056, subdivision 12, is amended to read: |
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8 | 8 | | 1.8 Subd. 12.Accomplishment plans.(a) It is a condition of acceptance of money |
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9 | 9 | | 1.9appropriated from the outdoor heritage fund that the agency or entity using the appropriation |
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10 | 10 | | 1.10submits an accomplishment plan and periodic accomplishment reports to the Lessard-Sams |
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11 | 11 | | 1.11Outdoor Heritage Council in the form determined by the council. The accomplishment plan |
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12 | 12 | | 1.12must identify the project manager responsible for expending the appropriation and the final |
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13 | 13 | | 1.13product. The accomplishment plan must account for the use of the appropriation and |
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14 | 14 | | 1.14outcomes of the expenditure in measures of wetlands, prairies, forests, and fish, game, and |
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15 | 15 | | 1.15wildlife habitat restored, protected, and enhanced. The plan must include an evaluation of |
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16 | 16 | | 1.16results. If lands are acquired by fee with money from the outdoor heritage fund, the |
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17 | 17 | | 1.17accomplishment plan must include a hunting and fishing management plan for the lands |
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18 | 18 | | 1.18acquired by fee. No money appropriated from the outdoor heritage fund may be expended |
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19 | 19 | | 1.19unless the council has approved the pertinent accomplishment plan. |
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20 | 20 | | 1.20 (b) If an appropriation from the outdoor heritage fund will result in or contribute to |
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21 | 21 | | 1.21restoration, enhancement, or other work on land, it is a condition of acceptance of the money |
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22 | 22 | | 1.22that the recipient include the following in the accomplishment plan: |
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23 | 23 | | 1.23 (1) an assessment of the risk of damage to adjacent properties that the work may pose; |
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24 | 24 | | 1Section 1. |
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25 | 25 | | 25-01575 as introduced12/20/24 REVISOR CKM/KR |
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26 | 26 | | SENATE |
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27 | 27 | | STATE OF MINNESOTA |
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28 | 28 | | S.F. No. 106NINETY-FOURTH SESSION |
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29 | 29 | | (SENATE AUTHORS: DRAZKOWSKI) |
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30 | 30 | | OFFICIAL STATUSD-PGDATE |
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31 | 31 | | Introduction and first reading01/16/2025 |
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32 | 32 | | Referred to Environment, Climate, and Legacy 2.1 (2) an explanation of how the recipient will seek approval from adjacent property owners |
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33 | 33 | | 2.2if access to adjacent land is required to perform the work; |
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34 | 34 | | 2.3 (3) the date, time, and location of a public meeting at which the recipient will explain |
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35 | 35 | | 2.4the project to and hear concerns from the affected community; and |
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36 | 36 | | 2.5 (4) an explanation of how the recipient will ensure that adjacent property owners are |
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37 | 37 | | 2.6reimbursed for any damages caused by the work in an amount sufficient to fully restore the |
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38 | 38 | | 2.7damaged condition and from sources other than the outdoor heritage fund. |
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39 | 39 | | 2.8 EFFECTIVE DATE.This section is effective July 1, 2025, and applies to appropriations |
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40 | 40 | | 2.9from the outdoor heritage fund on or after that date. |
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41 | 41 | | 2.10 Sec. 2. Minnesota Statutes 2024, section 114D.50, subdivision 4, is amended to read: |
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42 | 42 | | 2.11 Subd. 4.Expenditures; accountability.(a) A project receiving funding from the clean |
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43 | 43 | | 2.12water fund must meet or exceed the constitutional requirements to protect, enhance, and |
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44 | 44 | | 2.13restore water quality in lakes, rivers, and streams and to protect groundwater and drinking |
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45 | 45 | | 2.14water from degradation. Priority may be given to projects that meet more than one of these |
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46 | 46 | | 2.15requirements. A project receiving funding from the clean water fund shall include measurable |
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47 | 47 | | 2.16outcomes, as defined in section 3.303, subdivision 10; a plan for measuring and evaluating |
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48 | 48 | | 2.17the results; and an assessment of whether the funding celebrates cultural diversity or reaches |
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49 | 49 | | 2.18diverse communities in Minnesota, including reaching low- and moderate-income households. |
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50 | 50 | | 2.19A project must be consistent with current science and incorporate state-of-the-art technology. |
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51 | 51 | | 2.20If an appropriation from the clean water fund will result in or contribute to restoration, |
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52 | 52 | | 2.21enhancement, or other work on land, the project must also include: |
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53 | 53 | | 2.22 (1) an assessment of the risk of damage to adjacent properties that the work may pose; |
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54 | 54 | | 2.23 (2) an explanation of how the recipient will seek approval from adjacent property owners |
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55 | 55 | | 2.24if access to adjacent land is required to perform the work; |
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56 | 56 | | 2.25 (3) the date, time, and location of a public meeting at which the recipient will explain |
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57 | 57 | | 2.26the project to and hear concerns from the affected community; and |
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58 | 58 | | 2.27 (4) an explanation of how the recipient will ensure that adjacent property owners are |
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59 | 59 | | 2.28reimbursed for any damages caused by the work in an amount sufficient to fully restore the |
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60 | 60 | | 2.29damaged condition and from sources other than the outdoor heritage fund. |
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61 | 61 | | 2.30 (b) Money from the clean water fund shall be expended to balance the benefits across |
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62 | 62 | | 2.31all regions and residents of the state. |
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63 | 63 | | 2Sec. 2. |
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64 | 64 | | 25-01575 as introduced12/20/24 REVISOR CKM/KR 3.1 (c) A state agency or other recipient of a direct appropriation from the clean water fund |
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65 | 65 | | 3.2must compile and submit all information for proposed and funded projects or programs, |
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66 | 66 | | 3.3including the proposed measurable outcomes and all other items required under section |
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67 | 67 | | 3.43.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable |
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68 | 68 | | 3.5or by January 15 of the applicable fiscal year, whichever comes first. The Legislative |
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69 | 69 | | 3.6Coordinating Commission must post submitted information on the website required under |
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70 | 70 | | 3.7section 3.303, subdivision 10, as soon as it becomes available. Information classified as not |
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71 | 71 | | 3.8public under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on |
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72 | 72 | | 3.9the website. |
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73 | 73 | | 3.10 (d) Grants funded by the clean water fund must be implemented according to section |
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74 | 74 | | 3.1116B.98 and must account for all expenditures. Proposals must specify a process for any |
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75 | 75 | | 3.12regranting envisioned. Priority for grant proposals must be given to proposals involving |
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76 | 76 | | 3.13grants that will be competitively awarded. |
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77 | 77 | | 3.14 (e) Money from the clean water fund may only be spent on projects that benefit Minnesota |
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78 | 78 | | 3.15waters. |
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79 | 79 | | 3.16 (f) When practicable, a direct recipient of an appropriation from the clean water fund |
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80 | 80 | | 3.17shall prominently display on the recipient's website home page the legacy logo required |
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81 | 81 | | 3.18under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter |
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82 | 82 | | 3.19361, article 3, section 5, accompanied by the phrase "Click here for more information." |
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83 | 83 | | 3.20When a person clicks on the legacy logo image, the website must direct the person to a web |
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84 | 84 | | 3.21page that includes both the contact information that a person may use to obtain additional |
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85 | 85 | | 3.22information, as well as a link to the Legislative Coordinating Commission website required |
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86 | 86 | | 3.23under section 3.303, subdivision 10. |
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87 | 87 | | 3.24 (g) Future eligibility for money from the clean water fund is contingent upon a state |
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88 | 88 | | 3.25agency or other recipient satisfying all applicable requirements in this section, as well as |
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89 | 89 | | 3.26any additional requirements contained in applicable session law. If the Office of the |
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90 | 90 | | 3.27Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient |
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91 | 91 | | 3.28of money from the clean water fund has not complied with the laws, rules, or regulations |
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92 | 92 | | 3.29in this section or other laws applicable to the recipient, the recipient must be listed in an |
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93 | 93 | | 3.30annual report to the legislative committees with jurisdiction over the legacy funds. The list |
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94 | 94 | | 3.31must be publicly available. The legislative auditor shall remove a recipient from the list |
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95 | 95 | | 3.32upon determination that the recipient is in compliance. A recipient on the list is not eligible |
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96 | 96 | | 3.33for future funding from the clean water fund until the recipient demonstrates compliance |
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97 | 97 | | 3.34to the legislative auditor. |
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98 | 98 | | 3Sec. 2. |
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99 | 99 | | 25-01575 as introduced12/20/24 REVISOR CKM/KR 4.1 (h) Money from the clean water fund may be used to leverage federal funds through |
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100 | 100 | | 4.2execution of formal project partnership agreements with federal agencies consistent with |
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101 | 101 | | 4.3respective federal agency partnership agreement requirements. |
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102 | 102 | | 4.4 (i) Any state agency or organization requesting a direct appropriation from the clean |
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103 | 103 | | 4.5water fund must inform the Clean Water Council and the house of representatives and senate |
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104 | 104 | | 4.6committees having jurisdiction over the clean water fund, at the time the request for funding |
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105 | 105 | | 4.7is made, whether the request is supplanting or is a substitution for any previous funding that |
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106 | 106 | | 4.8was not from a legacy fund and was used for the same purpose. |
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107 | 107 | | 4.9 EFFECTIVE DATE.This section is effective July 1, 2025, and applies to appropriations |
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108 | 108 | | 4.10from the clean water fund on or after that date. |
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109 | 109 | | 4Sec. 2. |
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110 | 110 | | 25-01575 as introduced12/20/24 REVISOR CKM/KR |
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