HF 1958

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
relating to environment; modifying certain rulemaking authority; requiring a
study; providing for legislative oversight; providing appointments; appropriating
money.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin WATER RULEMAKING MORATORIUM.
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new text begin (a) For purposes of this section, "agency" means the Pollution Control Agency,
Department of Natural Resources, Board of Water and Soil Resources, Environmental
Quality Board, Department of Agriculture, and Department of Health.
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new text begin (b) No agency shall adopt rules related to water quality or water resource protection
during the two-year period beginning July 1, 2009, and ending June 30, 2011.
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new text begin (c) The expedited rulemaking from 2007 affecting the Wetlands Conservation Act is
extended to June 30, 2011.
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Sec. 2. new text begin STUDY REQUIRED.
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new text begin (a) The Clean Water Legacy Council shall appoint a group to conduct the study
required under this section. The study group must include representatives of the agencies
listed under section 1, paragraph (a), and nonstate, nonfederal, technical professionals with
scientific expertise in water resources management. Other members may include, but are
not limited to, representatives of the United States Environmental Protection Agency, the
Army Corps of Engineers, and the United States Department of Agriculture.
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new text begin (b) Members of the study group shall be compensated according to Minnesota
Statutes, section 15.059, subdivision 3. The study group expires January 15, 2011, or upon
submission of the study according to paragraph (d), whichever is sooner.
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new text begin (c) The study must:
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new text begin (1) consider scientific data, including the studies of the National Academy of
Sciences relating to watersheds, total maximum daily loads (TMDL's), stormwater, and
compensation for wetland loss under the Clean Water Act;
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new text begin (2) identify current rules relating to water, the purpose of the rules, the statutory
background of the rules, the outcomes the rules are intended to achieve, the costs of the
rules to state and local government and to the private sector, and the rules' relationship
to other state and federal laws, including requirements relating to training, development,
public education, and recordkeeping;
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new text begin (3) assess the pros and cons of a watershed approach to implementing statutory
water management programs and regulations compared to state agency-administered
programs and administrative rules;
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new text begin (4) assess why some regulations are deemed appropriate for administration at the
local level, for example, those relating to shorelands, floodplains, wild and scenic rivers,
wetland conservation, feedlots, and subsurface sewage treatment systems, and others
are not;
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new text begin (5) identify current efforts to eliminate redundancy between state and federal
regulations, including perceived and real barriers to realizing reduction or elimination
of redundancy;
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new text begin (6) identify the current strategic decision making of the agencies individually and
collectively to cooperate and coordinate in rulemaking and rule implementation to achieve
more effective, efficient, and justifiable rules that result in the desired outcomes; and
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new text begin (7) identify the rule assessment and evaluation process that supports the continuation
of the various rules in whole or in part, including but not limited to:
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new text begin (i) nondegradation standards;
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new text begin (ii) consistent buffer requirements;
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new text begin (iii) zoning setback requirements; and
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new text begin (iv) water quality requirements.
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new text begin (d) The study group must submit the study results to agencies under section 1
and to the chairs of the senate and house of representatives committees having primary
jurisdiction over environment and natural resources policy no later than January 15, 2011.
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Sec. 3. new text begin WATER COMMISSION.
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new text begin (a) The Water Commission is established to coordinate water programs, rules, and
responsibilities. The commission consists of five members of the house of representatives
appointed by the speaker and five members of the senate appointed by the Subcommittee
on Committees of the Committee on Rules and Administration. Vacancies on the
commission are filled in the same manner as original appointments. The commission shall
elect a chair and a vice-chair from among its members. The chair alternates between a
member of the senate and a member of the house of representatives in January of each
odd-numbered year.
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new text begin (b) All agencies described under section 1 must comply with a request of the
commission for information. After June 30, 2011, when an agency described under section
1 mails notice of intent to adopt rules under Minnesota Statutes, section 14.14 or 14.22,
the agency must send a copy of the same notice and a copy of the statement of need and
reasonableness to the commission, in addition to the notice to the legislature required
under Minnesota Statutes, section 14.116.
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new text begin (c) The commission expires ...
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Sec. 4. new text begin APPROPRIATION.
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new text begin $....... is appropriated from the clean water legacy account in the environmental fund
to the commissioner of the Pollution Control Agency to provide administrative support to
the study group required under section 2. The money is available until expended.
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