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Minnesota Legislature

Office of the Revisor of Statutes

HF 2748

as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2018 10:10am

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

Current Version - as introduced

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A bill for an act
relating to agriculture; environment; restricting establishment of certain groundwater
protection regulations; amending Minnesota Statutes 2016, section 103H.275,
subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 103H.275, subdivision 2, is amended to read:


Subd. 2.

Adoption of water resource protection requirements.

(a) The Pollution
Control Agency, or for agricultural chemicals and practices, the commissioner of agriculture
shall adopt by rule water resource protection requirements that are consistent with the goal
of section 103H.001 to prevent and minimize the pollution to the extent practicable. The
proposed rule must be submitted to the house of representatives and senate committees with
jurisdiction over the environment, natural resources, and agriculture before adoption. The
water resource protection requirements must be based on the use and effectiveness of best
management practices, the product use and practices contributing to the pollution detected,
economic factors, availability, technical feasibility, implementability, and effectiveness.
The water resource protection requirements may be adopted for one or more pollutants or
a similar class of pollutants. A water resource protection requirement may not be adopted
before January 1, 1991.

(b) Before the water resource protection requirements are adopted, the Pollution Control
Agency or the commissioner of agriculture for agricultural chemicals and practices must
notify affected persons and businesses for comments and input in developing the water
resource protection requirements.

(c) Unless the water resource protection requirements are to cover the entire state, the
water resource protection requirements are only effective in areas designated by the
commissioner of the Pollution Control Agency by order or for agricultural chemicals and
practices in areas designated by the commissioner of agriculture by order. The procedures
for issuing the order and the effective date of the order must be included in the water resource
protection requirements rule.new text begin A commissioner must not establish or enforce a water resource
protection requirement in an area unless the commissioner has monitored groundwater
quality in that area at the commissioner's expense and can demonstrate, as required under
subdivision 1, paragraph (a), that voluntary methods have proven ineffective in that area at
preventing or minimizing groundwater degradation by the pollutant or pollutants addressed
by the commissioner's water resource protection requirement.
new text end

(d) The water resource protection requirements rule must contain procedures for notice
to be given to persons affected by the rule and order of the commissioner. The procedures
may include notice by publication, personal service, and other appropriate methods to inform
affected persons of the rule and commissioner's order.

(e) A person who is subject to a water resource protection requirement may apply to the
Pollution Control Agency, or for agricultural chemicals and practices the commissioner of
agriculture, and suggest an alternative protection requirement. Within 60 days after receipt,
the agency or commissioner of agriculture must approve or deny the request. If the Pollution
Control Agency or commissioner of agriculture approves the request, an order must be
issued approving the alternative protection requirement.

(f) A person who violates a water resource protection requirement relating to pollutants,
other than agricultural chemicals, is subject to the penalties for violating a rule adopted
under chapter 116. A person who violates a water resource protection requirement relating
to agricultural chemicals and practices is subject to the penalties for violating a rule adopted
under chapter 18D.