HF 1170

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:18pm

A bill for an act
relating to waters; appropriating money to assume permitting program under Clean
Water Act.

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

Section 1. new text begin FEDERAL CLEAN WATER ACT SECTION 404 ASSUMPTION;
APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the Board of Water and Soil Resources, in coordination with the Department
of Natural Resources and the Pollution Control Agency, to develop and assemble the material
required under Code of Federal Regulations, title 40, section 233.10, to assume the section
404 permitting program of the federal Clean Water Act. This is a onetime appropriation.
The board may execute contracts or interagency agreements to facilitate developing the
required agreements and materials.
new text end

new text begin (b) To the extent consistent with the requirements of section 404 assumption, the agencies
must:
new text end

new text begin (1) optimize the use of local government units in implementing the state-assumed
wetlands program;
new text end

new text begin (2) limit the increase in staffing for state agencies to that necessary to effectively
implement assumption of the section 404 permit program;
new text end

new text begin (3) maximize the scope of state-assumed waters under the Clean Water Act, section
404(g); and
new text end

new text begin (4) minimize duplication of effort and maximize process efficiencies under the assumed
program.
new text end

new text begin (c) The board must conduct regular stakeholder meetings to inform and gather input on
program development.
new text end

new text begin (d) By February 1, 2021, the board must submit the draft agreements with the federal
agencies, including any recommended changes to Minnesota Statutes necessary to secure
section 404 assumption and the additional funding needed to fully implement the
state-assumed program, to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over the environment and natural resources.
new text end