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HF 81

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/15/2023 10:26am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to waters; requiring reporting of fish kills and development of protocol
for state response; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 103G.

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

Section 1.

new text begin [103G.216] REPORTING FISH KILLS IN PUBLIC WATERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section and section 103G.2165, "fish
kill" means an incident resulting in the death of 25 or more fish within one linear mile of a
flowing water or 25 or more fish within a square mile of a nonflowing water.
new text end

new text begin Subd. 2. new text end

new text begin Reporting requirement. new text end

new text begin A state or county staff person or official who works
with natural resources or agriculture and who learns of a fish kill in public waters must
report the location of the fish kill to the Minnesota state duty officer within one hour of
being notified of a fish kill or within four hours of first observing the fish kill. The Minnesota
state duty officer must alert the Departments of Natural Resources and Health and the
Pollution Control Agency of the location of the fish kill within one hour of being notified
of the fish kill.
new text end

Sec. 2.

new text begin [103G.2165] DEVELOPMENT OF FISH KILL RESPONSE PROTOCOL.
new text end

new text begin Subdivision 1. new text end

new text begin Development of protocol. new text end

new text begin By October 1, 2024, the commissioner of the
Pollution Control Agency, in consultation with the commissioners of health, natural resources,
and agriculture, must update the fish kills response guidance by developing a protocol. The
protocol must consist of steps that state agencies responding to a report of a fish kill under
section 103G.216 must take to ascertain on the basis of sound scientific evidence the factors
contributing to the fish kill, as well as a plan to notify the public of potential hazards. The
protocol must address:
new text end

new text begin (1) the number and species of fish and other aquatic creatures to be sampled from the
body of water in which the fish kill occurred;
new text end

new text begin (2) the locations from which samples described in clause (1) should be taken;
new text end

new text begin (3) the number and location of water samples to be taken from the body of water in
which the fish kill occurred as well as tributary streams and private wells with landowner
consent within a one-half mile radius;
new text end

new text begin (4) the number and location of soil and groundwater samples to be taken to ascertain
whether contaminants traveled overland or underground to reach the body of water in which
the fish kill occurred;
new text end

new text begin (5) sampling other materials located near the area of the fish kill that should be done,
including but not limited to vegetation and manure, that may indicate the presence of
contaminants that may have contributed to the fish kill;
new text end

new text begin (6) developing a comprehensive list of contaminants, including degradation products,
for which the materials sampled in clauses (3) to (5) should be tested;
new text end

new text begin (7) the appropriate concentration limits to be used in testing samples for the presence
of contaminants, allowing for the possibility that the fish kill may have resulted from the
interaction of two or more contaminants present at concentrations below the level associated
with toxic effects resulting from exposure to each individual chemical;
new text end

new text begin (8) proper handling, storage, and treatment necessary to preserve the integrity of the
samples described in this subdivision to maximize the information the samples can yield
regarding the cause of the fish kill;
new text end

new text begin (9) the organs and other parts of the fish and other aquatic creatures that should be
analyzed to maximize the information the samples can yield regarding the cause of the fish
kill;
new text end

new text begin (10) identifying a rapid response team of interagency staff or an independent contractor
with the necessary data collection equipment that can travel to the site of the fish kill to
collect samples within 24 to 48 hours of the incident;
new text end

new text begin (11) a communications plan with a health-risk assessment to notify potentially impacted
downstream users of the surface water of the potential hazards and those in the vicinity
whose public or private water supply from surface water or groundwater may be impacted;
and
new text end

new text begin (12) a process to identify existing rules or regulatory processes that should be reviewed
and potentially revised in the fish kill investigation and report. Investigation reports for fish
kills deemed unnatural must identify the probable causes and include state agency
recommendations for preventing similar incidents in the future.
new text end

new text begin Subd. 2. new text end

new text begin Implementation. new text end

new text begin The commissioner of the Pollution Control Agency must
submit the protocol to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over the environment and natural resources. Once the protocol
has been submitted, the state agencies must follow the protocol when responding to a fish
kill.
new text end

new text begin Subd. 3. new text end

new text begin Updating protocol. new text end

new text begin The parties named in subdivision 1 must review and update
the protocol every five years.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the Pollution Control Agency to develop and implement the protocol for the state
response to fish kills according to Minnesota Statutes, section 103G.2165. The base for this
appropriation for fiscal year 2026 and beyond is $........
new text end