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HF 182

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/27/2011 04:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to environment; requiring a study on state and local water management.

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

Section 1. new text beginWATER RULEMAKING MORATORIUM.
new text end

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.
new text end

new text begin (b) Unless required by federal law or rule, no agency shall adopt rules related to
water quality or water resource protection during the period beginning July 1, 2011,
and ending June 30, 2012.
new text end

new text begin (c) Unless the rule is under judicial challenge, this section does not apply to:
new text end

new text begin (1) proposed rules listed in a notice of intent to adopt rules published under
Minnesota Statutes, chapter 14, before July 1, 2011;
new text end

new text begin (2) rules required by law for which rulemaking was to begin by January 15, 2010;
new text end

new text begin (3) emergency rules authorized by statute;
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new text begin (4) rules adopted or amended under Minnesota Statutes, section 14.386; and
new text end

new text begin (5) rules proposed under Minnesota Statutes, section 14.388, subject to approval
of the Office of Administrative Hearings.
new text end

Sec. 2. new text beginEVALUATION REQUIRED.
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new text begin (a) The commissioner of administration shall evaluate state and local water-related
programs, policies, and permits to make recommendations for cost savings, increased
productivity, and the elimination of duplication among public agencies.
new text end

new text begin (b) The evaluation must:
new text end

new text begin (1) identify current rules relating to surface and groundwater, including those related
to storm water, residential, industrial, and agricultural use, shorelands, floodplains, wild
and scenic rivers, wetlands, feedlots, and subsurface sewage treatment systems, and for
each rule specify:
new text end

new text begin (i) the statutory authority;
new text end

new text begin (ii) intended outcomes;
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new text begin (iii) the cost to state and local government and the private sector; and
new text end

new text begin (iv) the relationship of the rule to other local, state, and federal rules;
new text end

new text begin (2) assess the pros and cons of alternative approaches to implementing water-related
programs, policies, and permits, including local, state, and regional-based approaches;
new text end

new text begin (3) identify inconsistencies and redundancy between local, state, and federal rules;
new text end

new text begin (4) identify means to coordinate rulemaking and implementation so as to achieve
intended outcomes more effectively and efficiently;
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new text begin (5) identify a rule assessment and evaluation process for determining whether each
identified rule should be continued or repealed;
new text end

new text begin (6) rely on scientific, peer-reviewed data, including the studies of the National
Academy of Sciences;
new text end

new text begin (7) evaluate current responsibilities of the Pollution Control Agency, Department of
Natural Resources, Board of Water and Soil Resources, Environmental Quality Board,
Department of Agriculture, and Department of Health for developing and implementing
water-related programs, policies, and permits and make recommendations for reallocating
responsibilities among the agencies; and
new text end

new text begin (8) assess the current role of the clean water fund in supporting water-related
programs and policies and make recommendations for allocating resources among the
agencies that collaborate and partner in spending the clean water fund consistent with
the other recommendations of the study.
new text end

new text begin (c) The commissioner of administration must submit the study results and make
recommendations to agencies listed under section 1, paragraph (a), and to the chairs and
ranking minority party members of the senate and house of representatives committees
having primary jurisdiction over environment and natural resources policy and finance
no later than January 15, 2012.
new text end