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S.F. No. 1363 - Outdoor Heritage, Clean Water, Parks and Trails, and Arts and Cultural Heritage Appropriations (Second Engrossment)
 
Author: Senator Bill Ingebrigtsen
 
Prepared By: Greg Knopff, Senate Analyst (651/296-9399)
Carlon D. Fontaine, Senate Counsel (651/296-4395)
 
Date: May 16, 2011



 
ARTICLE 1
OUTDOOR HERITAGE FUND
 
Section 1 [Outdoor heritage appropriations] describes how the appropriations in this article will be handled, including that the appropriations are onetime.
Section 2 [Outdoor heritage] appropriates approximately $86.5 million in fiscal year 2012 and $471,00 in fiscal year 2013 from the outdoor heritage fund. Of this amount:
1.    about $32.7 million in fiscal year 2012 is for prairies;
 
2.    about $14.4 million in fiscal year 2012 is for forests;
 
3.    about $15.8 million in fiscal year 2012 is for wetlands;
 
4.    about $22.9 million in fiscal year 2012 is for habitat, including just over $5.6 million for the conservation partners grant program; and
 
5.    $688,000 in fiscal year 2012 and $471,000 in fiscal year 2013 for administration, including Web site development.
This section also provides a number of provisions related to the appropriations, including payment conditions, easement monitoring requirements, and land acquisition reporting and restrictions.
Section 3 [Definition of recipient] defines “recipient” for the purposes of the outdoor heritage fund.
Section 4 [Lessard-Sams Outdoor Heritage Council] clarifies that legislative members of the council serve at the pleasure of the appointing authority, and that the terms of the public members follow regular statutory provisions.
Section 5 [Definitions] removes restrictions on the council defining “protect,” “restore,” and “enhance” for the purpose of making recommendations.
Section 6 [Open meeting law] changes the Lessard-Sams Outdoor Heritage Council (LSOHC) to the legislative open meeting law. This will match the open meeting law requirements with similar provisions for the Legislative-Citizens Commission on Minnesota Resources (LCCMR) and the revised Clean Water Council in article 2.
Section 7 [Audit] allows the legislative auditor more flexibility in the timing of audits for expenditures from the outdoor heritage fund by removing the “every two years” requirement. With this change, the expenditures from the outdoor heritage fund would be treated similar to the environment and natural resources trust fund and all the other legacy funds. This section also expands the purpose of the audit to include all legal and constitutional requirements.
Section 8 [Lands in public domain notice] removes the notification requirement to the Legislative Coordinating Commission when the LSOHC takes certain actions to acquire lands in public domain.
Section 9 [Restoration evaluations] allows more flexibility on when restoration evaluations need to take place and removes obsolete requirements to use native seed guidelines in the evaluation.
Section 10 [2009 appropriation modification] amends the 2009 Forests for the Future appropriation to allow use of a portion of the money for long-term monitoring and enforcement of the easements. This section also removes an obsolete requirement on an easement acquired with the money appropriated.
Sections 11 and 12 [Real property interest report] removes certification requirements from the real property interest report requirement.
Section 13 [Prairie and grassland definitions] repeals obsolete prairie and grassland definitions.
 
 
 
ARTICLE 2
CLEAN WATER FUND
 
Section 1 [Clean water fund appropriations] describes how the appropriations in this article will be handled, including that the appropriations are onetime.
Section 2 [Department of Agriculture] appropriates $16.4 million from the clean water fund to the Department of Agriculture for pesticide and nitrate monitoring, agriculture best management practices loans, research, pilot projects, and technical assistance.
Section 3 [Public Facilities Authority] appropriates approximately $33.4 million from the clean water fund to the Public Facilities Authority for total maximum daily load (TMDL) grants, phosphorus reduction grants, and small community grants and loans.
Section 4 [Pollution Control Agency] appropriates $46.7 million to the Pollution Control Agency (PCA) for surface water assessments, TMDL studies and implementation pans, groundwater assessment, water quality improvements in the lower St. Louis River and Duluth harbor, clean water partnership grants, stormwater research and guidance, TMDL research and database development, wastewater and storm water TMDL implementation, groundwater flow characterization, stormwater or wastewater reuse at ethanol plants, wild rice standards study, and subsurface sewage treatment system (SSTS) grants.
Section 5 [Department of Natural Resources] appropriates approximately $21.3 million from the clean water fund to the Department of Natural Resources (DNR) for stream flow monitoring, lake Index of Biological Integrity (IBI) assessments, assessing mercury contamination in fish, TMDL development, water supply planning, Web-based permitting, TMDL implementation and coordination, acquiring high-resolution elevation data using light detection and ranging (LIDAR), outreach and citizen engagement, and metropolitan groundwater monitoring and protection.
Section 6 [Board of Water and Soil Resources] appropriates approximately $54 million from the clean water fund to the Board of Water and Soil Resources (BWSR) for pollution reduction and restoration grants, targeted local resource protection and enhancement grants, oversight and accountability, technical assistance for conservation drainage, permanent conservation easements on riparian buffers adjacent to public waters and wellhead protection areas, grants for vegetative management and water retention practices, and technical assistance panels.
Section 7 [Department of Health] appropriates approximately $6 million to the Department of Health for addressing contaminants found in drinking water, protection of drinking water sources, cost-share to seal unused wells, and expanding the county well index.
Section 8 [Metropolitan Council] appropriates $1 million to the Metropolitan Council for implementation of the master water supply plan.
Section 9 [Legislature] appropriates $411,000 to the Legislative Coordinating Commission for administrative expenses of the Clean Water Council and the costs of Web site development.
Section 10 [Department of Administration] appropriates $154,000 from the clean water fund to the Department of Administration for a grant to the Cowles Center for Dance for costs associated with sealing of an abandoned well.
Section 11 [Carryforward] allows carryforward on certain appropriations from 2009 and 2010.
Section 12 [Public official] makes citizen members of the Clean Water Council public officials.
Section 13 to 16, 18, and 20 [Clean Water Legacy Act; groundwater] adds groundwater protection and restoration under the Clean Water Legacy Act. When enacted in 2006, the act applied only to surface waters.
Section 17 [Priorities for restoration of impaired waters] updates a reference to the clean water fund.
Section 19 [Clean Water Council] revises the Clean Water Council modeled on the current Lessard-Sams Outdoor Heritage Council (LSOHC). 
Subdivision 1 [Creation; membership] establishes the council consisting of 12 members; four appointed by the Senate, four appointed by the House, and four appointed by the Governor. Two of the members appointed by the Senate will be members of the Senate and two of the members appointed by the House will be members of the House.   Legislative members of the council will include the chairs of the environment finance committees or their designees.
Subdivision 2 [Council recommendations] provides for biennial recommendations of appropriations from the clean water fund and other policies under the Clean Water Legacy Act by the Clean Water Council.  A recommendation of the council will require an affirmative vote of nine members.  This subdivision also directs the council to work with  other appropriate entities in developing its recommendations.
Subdivision 3 [Conflict of interest] prohibits council members from being an advocate or voting on actions where the member has a conflict of interest.
Subdivision 4 [Open meetings] requires meetings of the council where decisions are made to be open to the public.
Subdivision 5 [Audits] provides for audits of expenditures from the clean water fund by the Legislative Auditor.
Section 21 [Restoration evaluations] allows more flexibility on when restoration evaluations need to take place and removes obsolete requirements to use native seed guidelines in the evaluation.
Section 22 [Beneficial use demonstration grants] adds the use of stormwater to the demonstration grant program for alternatives that replace groundwater use.
Section 23 [Civic engagement and public education] directs recipients of money under this article to incorporate civic engagement and public education when implementing programs.
Section 24 [Availability of appropriations] provides that money appropriated in this article may not be spent on activities, unless they are directly related to and necessary for the purpose of the appropriation.
Section 24 [Repealer] repeals the current Clean Water Council (114D.30) and the obsolete clean water legacy account (114D.45).
 
ARTICLE 3
PARKS AND TRAILS FUND
 
Section 1 [Parks and trails fund appropriations] describes how the appropriations in this article will be handled, including that the appropriations are onetime.
Section 2 [Department of Natural Resources] appropriates approximately $47.6 million from the parks and trails fund to the DNR. Of this amount, approximately $30.4 million is for state parks, recreation areas, and trails; approximately $17.2 million is for nonmetropolitan park and trail grants of regional or statewide significance; and $76,000 is for restoration audits. 
Section 3 [Metropolitan Council] appropriates approximately $30.4 million from the parks and trails fund to the Metropolitan Council for metropolitan parks and trails. This section also requires a report from the Metropolitan Council on the use of money appropriated in this section.
Section 4 [Legislature] appropriates $5,000 from the parks and trails fund to the Legislative Coordinating Commission for the costs of Web site development.
Sections 5 and 9 [LaSalle Lake State Recreation Area, Hubbard County] establish LaSalle Lake State Recreation Area.
Section 6 [Parks and trails fund; allocation] provides an allocation formula for the parks and trails fund of 39 percent for state parks and trails; 39 percent for metropolitan parks and trails, and 22 percent for nonmetropolitan parks and trails of regional or statewide significance.
Section 7 [Restoration evaluations] allows more flexibility on when restoration evaluations need to take place and removes obsolete requirements to use native seed guidelines in the evaluation.
Section 8 [Parks and trails grants] specifies that the parks and trails grant program is for nonmetropolitan regional parks.
Section 10 [Availability of appropriations] provides that money appropriated in this article may not be spent on activities, unless they are directly related to and necessary for the purpose of the appropriation.
 
 
 
 
ARTICLE 4
ARTS AND CULTURAL HERITAGE
 
Section 1 [Arts and cultural heritage fund appropriations] describes how the appropriations in this article will be handled, including that the appropriations are onetime.
Section 2 [Arts and Cultural Heritage]
Subdivision 1 [Total appropriation] appropriates approximately $104.7 million total during the biennium from the arts and cultural heritage fund.
Subdivision 2 [Minnesota Board of the Arts] appropriates approximately $51.1 million from the arts and cultural heritage fund to the Minnesota State Arts Board.  Allocates 30 percent of the total appropriated for grants to the regional arts councils.  Of the total amount, approximately $33.9 million is for arts and arts access initiatives; approximately $7.9 million is for arts education; $2.16 million is for arts and cultural heritage events and activities; and $6 million is for a competitive grant program for libraries.  $1.15 million is for administration, fiscal oversight, and accountability costs incurred by the board. 
Subdivision 3 [Minnesota Historical Society] appropriates $24.5 million from the arts and cultural heritage fund to the governing board of the Minnesota Historical Society.  Of this amount, $10.5 million is for statewide historic and cultural grants; $10 million is for programs and purposes related to the historical and cultural heritage of Minnesota; $3 million for history partnerships; $500,000 for statewide surveys of historical and archaeological sites; and $500,000 for a digital library. 
Subdivision 4 [Department of Administration] appropriates approximately $16.6 million from the arts and cultural heritage fund to the Commissioner of Administration for grants to the named organizations.
[Public television] appropriates $3.5 million each year for grants to the Minnesota Public Television Association for production and acquisition grants.
[Minnesota Public Radio] appropriates $1.325 million each year for grants to Minnesota Public Radio for specified purposes.
[Association of Minnesota Public Educational Radio Stations] appropriates $1.325 million each year is for grants to the Association of Minnesota Public Educational Radio Stations for production and acquisition grants.
[Zoos] appropriates $300,000 each year for grants of $200,000 each year to the Como Zoo and for grants of $100,000 each year to the Lake Superior Zoo for programmatic development.
[Children’s museums] appropriates $998,000 each year for grants of $500,000 each year to the Minnesota Children's Museum and for grants of $166,000 each year to the Duluth Children's Museum, the Children's Discovery Museum of Grand Rapids, and the Children's Museum of Southern Minnesota.
[Science Museum of Minnesota] appropriates $500,000 each year for grants to the Science Museum of Minnesota for specified purposes.
[Minnesota Film and TV Board] appropriates $500,000 each year for grants to the Minnesota Film and TV Board for grants to Minnesota filmmakers and for the film production jobs program.
Subdivision 5 [Minnesota Zoological Garden] appropriates $3 million from the arts and cultural heritage fund to the Minnesota Zoological Board for programmatic development.
Subdivision 6 [Minnesota Humanities Center] appropriates $2.15 million from the arts and cultural heritage fund to the Minnesota Humanities Center.  Of this amount, $325,000 each year is for programs and purposes of the Minnesota Humanities Center; $500,000 each year is for competitive grants to the state councils of color; and $250,000 each year is for civics education programs.
Subdivision 7 [Perpich Center for Arts Education] appropriates $2 million from the arts and cultural heritage fund to the Board of Directors of the Perpich Center for Arts Education for specified purposes. 
Subdivision 8 [Department of Agriculture] appropriates $2.8 million from the arts and cultural heritage fund to the Commissioner of Agriculture for grants to county agricultural societies for activities and programs relating to county fairs. 
Subdivision 9 [Indian Affairs Council] appropriates $1.75 million from the arts and cultural heritage fund to the Indian Affairs Council for continuation of the working group on Dakota and Ojibwe Language Revitalization and Preservation, and for grants for programs to preserve Native languages.  Appropriates money for grants to the Niigaane Ojibwe Immersion School and the Wicoie Nandagikendan Urban Immersion Project. 
Subdivision 10 [Veterans affairs] appropriates $450,000 from the from the arts and cultural heritage fund to the Commissioner of Veterans Affairs for grants to programs or facilities serving disabled veterans in a camp or resort-styled setting.  Requires the commissioner to seek other funding. 
Subdivision 11 [Legislature] appropriates $6,000 to the Legislative Coordinating Commission for the costs of operating the Web site for dedicated funds.
Section 3 [Reporting] amends the reporting requirement for public television stations that receive arts and cultural heritage fund grants to require a station to report to the Legislative Coordinating Commission. Requires the report to include the information required of all legacy money recipients.  Requires a public television station to report the number of hours of legacy program content is available for viewing online.
Section 4 [Reporting] amends the reporting requirement for public educational radio stations that receive arts and cultural heritage fund grants to require a station to report to the Legislative Coordinating Commission.  Requires the report to include the information required of all legacy money recipients.
Section 5 [Administrative allowance] limits use of arts and cultural heritage fund money appropriated in this article to activities that are directly related to a specific appropriation. Caps a recipient's allowable use of funds for administration, indirect costs, and other institutional overhead charges to 5 percent of the arts and cultural heritage fund amount received.
GK/CDF:dv
 
 
 
 
 
 
 

 

 
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