HF 1239

as introduced - 91st Legislature (2019 - 2020) Posted on 03/20/2019 12:53pm

A bill for an act
relating to health; directing the commissioner of health to test for contaminants in
certain surface water used as drinking water; requiring identification and
implementation of source water protection strategies; directing the commissioner
of health to adopt health risk limits for certain substances; requiring reports;
appropriating money; amending Minnesota Statutes 2018, section 144.382, by
adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter
144.

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

Section 1.

Minnesota Statutes 2018, section 144.382, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Community water system. new text end

new text begin "Community water system" has the meaning
given in United States Code, title 42, section 300(f)(15).
new text end

Sec. 2.

Minnesota Statutes 2018, section 144.382, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Finished water. new text end

new text begin "Finished water" has the meaning given in Code of Federal
Regulations, title 40, section 141.2.
new text end

Sec. 3.

Minnesota Statutes 2018, section 144.382, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Surface water. new text end

new text begin "Surface water" has the meaning given in Code of Federal
Regulations, title 40, section 141.2.
new text end

Sec. 4.

new text begin [144.3835] TESTING REQUIREMENTS; COMMUNITY WATER SYSTEMS
THAT USE SURFACE WATER AS A DRINKING WATER SOURCE.
new text end

new text begin Subdivision 1. new text end

new text begin Testing surface water for contaminants. new text end

new text begin The commissioner of health,
in consultation with the commissioners of agriculture and the Pollution Control Agency,
must develop and implement a schedule to conduct periodic, ongoing testing of the surface
water, used by a community water system as a drinking water source, for drinking water
contaminants.
new text end

new text begin Subd. 2. new text end

new text begin Community water systems subject to testing. new text end

new text begin (a) Except as provided in
paragraph (b), the surface water of each of the following community water systems that use
surface water as a drinking water source must be tested in the schedule developed under
this section:
new text end

new text begin (1) Aurora;
new text end

new text begin (2) Beaver Bay;
new text end

new text begin (3) Biwabik;
new text end

new text begin (4) Burnsville;
new text end

new text begin (5) Chisholm;
new text end

new text begin (6) Duluth;
new text end

new text begin (7) East Grand Forks;
new text end

new text begin (8) Ely;
new text end

new text begin (9) Eveleth;
new text end

new text begin (10) Fairmont;
new text end

new text begin (11) Fergus Falls;
new text end

new text begin (12) Grand Marais;
new text end

new text begin (13) Hoyt Lakes;
new text end

new text begin (14) International Falls;
new text end

new text begin (15) Mankato;
new text end

new text begin (16) Minneapolis;
new text end

new text begin (17) Moorhead;
new text end

new text begin (18) St. Cloud;
new text end

new text begin (19) St. Paul;
new text end

new text begin (20) Silver Bay;
new text end

new text begin (21) Thief River Falls;
new text end

new text begin (22) Two Harbors; and
new text end

new text begin (23) Virginia.
new text end

new text begin (b) The commissioner may modify the list of community water systems in paragraph
(a) as needed in order to test all community water systems that currently use surface water
as a drinking water source.
new text end

new text begin Subd. 3. new text end

new text begin Contaminants. new text end

new text begin (a) In the schedule developed under this section, surface water
must be tested for at least the following contaminants:
new text end

new text begin (1) microbiological contaminants regulated under Code of Federal Regulations, title 40,
part 141;
new text end

new text begin (2) the following pesticides and their degradants: acetochlor, alachlor, atrazine,
metolachlor, metribuzin, clothianidin, imidacloprid, thiamethoxam, and chlorpyrifos;
new text end

new text begin (3) nitrates;
new text end

new text begin (4) the pharmaceuticals identified by the Pollution Control Agency as part of the agency's
2008 and 2013 work sampling and identifying pharmaceuticals present in Minnesota's lakes
and rivers;
new text end

new text begin (5) microplastics;
new text end

new text begin (6) tributyltin, brominated flame retardants, phthalates, bisphenols, lead, methyl mercury,
and any other chemicals more likely than not to have an adverse effect on a child's
development; and
new text end

new text begin (7) other contaminants that are currently unregulated by the commissioner or the United
States Environmental Protection Agency, but that are designated by the commissioner for
testing under this subdivision, according to the process in paragraph (b).
new text end

new text begin (b) The commissioner shall use a clear, transparent process to designate additional
contaminants for testing under this subdivision and as part of the designation process shall
consult with a technical advisory team comprised of scientific experts. Contaminants that
may be considered by the commissioner for designation include:
new text end

new text begin (1) a contaminant of significant toxicity or exposure based on use or sales in the state
of a product containing the contaminant; and
new text end

new text begin (2) a contaminant for which a health risk limit, health-based value, or risk assessment
advice has been established in the state.
new text end

new text begin (c) In the schedule developed under this section, surface water samples must be collected
from the intake locations of each community water system listed in subdivision 2 and from
other locations identified as a potential contamination source of the surface water used as
a drinking water source. Samples must be collected and tested several times each calendar
year, including when contaminant levels are projected to be at peak levels.
new text end

new text begin Subd. 4. new text end

new text begin Testing for contaminants in finished water. new text end

new text begin The commissioner may require
a community water system to test its finished water for any contaminants listed in or
designated according to subdivision 3 that were detected in testing of the community water
system's surface water under subdivisions 1 to 3, or the relevant by-products of contaminants
that were detected in testing under subdivisions 1 to 3.
new text end

new text begin Subd. 5. new text end

new text begin Source water protection strategies. new text end

new text begin (a) If the commissioner determines that
surface water used by a community water system as a drinking water source requires
additional protection to limit or eliminate contaminants in the surface water, the commissioner
must identify and implement effective source water protection strategies, including
on-the-ground practices and regulatory strategies, as necessary to protect the public health.
new text end

new text begin (b) If the commissioner determines that additional resources are needed to implement
source water protection strategies under this subdivision, the commissioner shall report to
the Clean Water Council and the members of the legislative committees with jurisdiction
over drinking water on the amount of resources needed and the purposes for which the
resources will be used.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By February 15, 2021, and every odd year thereafter, the commissioner
must submit a report on the status and results of the testing required by this section to the
legislative committees with jurisdiction over health and the environment and natural
resources. This report must also be made easily available for viewing by the public.
new text end

Sec. 5. new text begin SOURCE WATER PROTECTION STRATEGIES.
new text end

new text begin (a) The commissioner of health must:
new text end

new text begin (1) review source water protection plans for locations in other states that use surface
water as a drinking water source, including New York, New York; Boston, Massachusetts;
and Portland, Maine;
new text end

new text begin (2) identify effective source water protections strategies, including on-the-ground practices
and regulatory strategies, used in the locations reviewed by the commissioner; and
new text end

new text begin (3) implement source water protection strategies identified under clause (2), as necessary
to protect the public health.
new text end

new text begin (b) To implement this section, the commissioner may use the authority in Minnesota
Statutes, chapter 144.
new text end

new text begin (c) If the commissioner determines that additional resources are needed to implement
source water protection strategies under this section, the commissioner shall report to the
Clean Water Council and the members of the legislative committees with jurisdiction over
drinking water on the amount of resources needed and the purposes for which they will be
used.
new text end

Sec. 6. new text begin DIRECTION TO COMMISSIONER OF HEALTH; HEALTH RISK LIMITS.
new text end

new text begin (a) By September 30, 2021, the commissioner of health must adopt health risk limits
for:
new text end

new text begin (1) the following neonicotinoids: clothianidin, imidacloprid, and thiamethoxam;
new text end

new text begin (2) N-nitrosodimethylamine (NDMA); and
new text end

new text begin (3) the commonly found degradants of the following pesticides: acetochlor, alachlor,
atrazine, chlorpyrifos, metolachlor, and metribuzin.
new text end

new text begin (b) Health risk limits adopted under this section must comply with Minnesota Statutes,
section 144.0751, requiring reasonable margins of safety for the protection of infants,
children, and adults.
new text end

new text begin (c) To implement this section, the commissioner may use the authority in Minnesota
Statutes, chapter 144.
new text end

Sec. 7. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
clean water fund to the commissioner of health for the activities required in Minnesota
Statutes, section 144.3835.
new text end

new text begin (b) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
clean water fund to the commissioner of health to review source water protection plans in
other states and identify and implement effective source water protection strategies.
new text end

new text begin (c) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
clean water fund to the commissioner of health to adopt health risk limits for specified
contaminants and pesticides. This is a onetime appropriation.
new text end