HF 3238

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to waters; providing for sustainable water use; requiring conservation
rate structures; requiring drinking water emergency management plan; requiring
disclosure of contaminated wells; requiring sharing groundwater information;
creating Pollution Control Agency ombudsman for groundwater pollution
education and assistance; extending the expiration date for the Metropolitan
Area Water Supply Advisory Committee; amending Minnesota Statutes
2006, sections 103G.101, subdivision 1; 103G.291, by adding a subdivision;
103I.236; 473.1565, subdivision 2; Minnesota Statutes 2007 Supplement, section
103G.291, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapters 103G; 103H; 116.

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

Section 1.

Minnesota Statutes 2006, section 103G.101, subdivision 1, is amended to
read:

Subdivision 1.

Development.

The commissioner shall develop a water resources
conservation program for the state. The program must include conservation, allocation,
and development of waters of the state deleted text begin for the best interests of the people deleted text end new text begin to ensure
sustainable water use new text end . new text begin "Sustainable water use" means use of water resources that maintains
or enhances the current economic and community well-being while protecting and
restoring the natural environment. Sustainable water use meets the needs of the present
without compromising the ability of future generations to meet their own needs.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 103G.291, subdivision 3, is
amended to read:

Subd. 3.

Water supply plans; demand reduction.

(a) Every public water supplier
serving more than 1,000 people must submit a water supply plan to the commissioner
for approval by January 1, 1996. In accordance with guidelines developed by the
commissioner, the plan must address projected demands, adequacy of the water supply
system and planned improvements, existing and future water sources, natural resource
impacts or limitations, emergency preparedness, water conservation, supply and demand
reduction measures, and allocation priorities that are consistent with section 103G.261.
Public water suppliers must update their plan and, upon notification, submit it to the
commissioner for approval every ten years.

(b) The water supply plan in paragraph (a) is required for all communities in the
metropolitan area, as defined in section 473.121, with a municipal water supply system
and is a required element of the local comprehensive plan required under section 473.859.
Water supply plans or updates submitted after December 31, 2008, must be consistent
with the metropolitan area master water supply plan required under section 473.1565,
subdivision 1, paragraph (a), clause (2).

(c) Public water suppliers serving more than 1,000 people must employ water
use demand reduction measures new text begin , including a conservation rate structure, as defined in
subdivision 4, paragraph (a), unless exempted under subdivision 4, paragraph (c), new text end before
requesting approval from the commissioner of health under section 144.383, paragraph
(a), to construct a public water supply well or requesting an increase in the authorized
volume of appropriation. Demand reduction measures must include evaluation of
conservation rate structures and a public education program that may include a toilet
and showerhead retrofit program.

(d) Public water suppliers serving more than 1,000 people must submit records
that indicate the number of connections and amount of use by customer category and
volume of water unaccounted for with the annual report of water use required under
section 103G.281, subdivision 3.

(e) For the purposes of this deleted text begin subdivision deleted text end new text begin section new text end , "public water supplier" means
an entity that owns, manages, or operates a public water supply, as defined in section
144.382, subdivision 4.

Sec. 3.

Minnesota Statutes 2006, section 103G.291, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Conservation rate structure required. new text end

new text begin (a) For the purposes of this
section, "conservation rate structure" means a rate structure that encourages conservation
by increasing the rate the higher the level of use or during certain time periods and may
include increasing block rates, seasonal rates, time of use rates, individualized goal rates,
or excess use rates.
new text end

new text begin (b) To encourage conservation, a public water supplier serving more than 1,000
people in the metropolitan area, as defined in section 473.121, subdivision 2, shall use
a conservation rate structure by January 1, 2010. All remaining public water suppliers
serving more than 1,000 people shall use a conservation rate structure by January 1, 2013.
new text end

new text begin (c) A public water supplier without the proper measuring equipment to track the
amount of water used by its users is exempt from this subdivision and the conservation
rate structure requirement under subdivision 3, paragraph (c).
new text end

Sec. 4.

new text begin [103G.292] DRINKING WATER EMERGENCY MANAGEMENT PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Model plan. new text end

new text begin The commissioner of natural resources, in cooperation
with the commissioners of health and the Pollution Control Agency, shall develop a
model drinking water emergency management plan that can be adapted for use by cities
and counties to meet the requirement in subdivision 2. The model plan must address
procedures during a drinking water emergency or other emergency that would affect
drinking water supplies, such as a water shortage or contamination, natural disaster, or
pandemic, and must include procedures for:
new text end

new text begin (1) the use of alternative supplies of water;
new text end

new text begin (2) the use of alternative water treatment options;
new text end

new text begin (3) prioritization of water use;
new text end

new text begin (4) implementation of conservation measures;
new text end

new text begin (5) communication responsibilities and procedures so that public communication
during emergency situations is accomplished in a timely and efficient manner;
new text end

new text begin (6) identification of local, state, and federal responsibilities; and
new text end

new text begin (7) coordination between local, state, and federal authorities.
new text end

new text begin Subd. 2. new text end

new text begin Plan required. new text end

new text begin By January 1, 2011, all counties and statutory and home
rule charter cities shall adopt an emergency drinking water plan that addresses the
procedures listed in subdivision 1 and submit the plan to the commissioner of natural
resources.
new text end

Sec. 5.

new text begin [103H.176] GROUNDWATER INFORMATION STANDARD.
new text end

new text begin (a) The commissioner of health, in cooperation with the commissioners of natural
resources, agriculture, and the Pollution Control Agency, shall develop a standardized
format for groundwater information. The format must allow easy transfer of information
between state and local units of government and include a means for collecting and
transferring information collected from wells, including well location, such as a well's
global positioning system coordinates, and the unique well number.
new text end

new text begin (b) A state or local unit of government collecting groundwater information shall
share the information, upon request, with other state and local units of government.
new text end

new text begin (c) For the purposes of this section, a "local unit of government" is a county,
statutory or home rule charter city, or town.
new text end

Sec. 6.

Minnesota Statutes 2006, section 103I.236, is amended to read:

103I.236 new text begin CONTAMINATED new text end WELL DISCLOSURE deleted text begin IN WASHINGTON
COUNTY deleted text end .

new text begin (a) new text end Before signing an agreement to sell or transfer real property deleted text begin in Washington
County deleted text end that is not served by a municipal water system, the seller must state in writing to
the buyer whether, to the seller's knowledge, the property is located within a special well
construction area designated by the commissioner of health under Minnesota Rules, part
4725.3650. If the disclosure under section 103I.235, subdivision 1, paragraph (a), states
that there is an unsealed well on the property, the disclosure required under this clause
must be made regardless of whether the property is served by a municipal water system.

new text begin (b) Before signing an agreement to sell or transfer real property that is not served
by a municipal water system, the seller must state in writing to the buyer whether, to the
seller's knowledge, the property contains a well known to be contaminated.
new text end

Sec. 7.

new text begin [116.20] OMBUDSMAN FOR GROUNDWATER POLLUTION
EDUCATION AND ASSISTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin The Pollution Control Agency shall appoint an
ombudsman for groundwater pollution education and assistance in the classified service.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The ombudsman's duties include, but are not limited to:
new text end

new text begin (1) providing education and assistance to the general public on any aspect of
groundwater pollution;
new text end

new text begin (2) disseminating information on the financing and program funding sources for
cleanup and restoration of groundwater pollution;
new text end

new text begin (3) monitoring, reviewing, and providing comments and recommendations to
federal, state, and local groundwater quality authorities on laws and regulations;
new text end

new text begin (4) providing information to federal, state, and local groundwater quality authorities
and the public on the requirements of the Clean Water Act;
new text end

new text begin (5) disseminating information concerning proposed state groundwater quality
regulations, control technologies, and other information to small businesses, property
owners, and other interested parties;
new text end

new text begin (6) participating in and sponsoring meetings and conferences concerning
groundwater quality laws and regulations with state and local regulatory officials, industry
groups, and the public;
new text end

new text begin (7) investigating and assisting in the resolution of complaints and disputes from the
public against state or local groundwater quality authorities or responsible parties;
new text end

new text begin (8) arranging for and assisting in the preparation of groundwater quality program
guideline documents to ensure that the language is readily understandable by the lay
person;
new text end

new text begin (9) establishing cooperative programs with trade associations and small businesses
to promote and achieve voluntary compliance with federal and state groundwater quality
laws and regulations; and
new text end

new text begin (10) performing the ombudsman's duties in cooperation and coordination with
governmental entities and private organizations as appropriate so as to eliminate overlap
and duplication to the extent practicable.
new text end

new text begin Subd. 3. new text end

new text begin Independence of action. new text end

new text begin In carrying out the duties under this section,
the ombudsman may act independently of the Pollution Control Agency in providing
testimony to the legislature, contacting and making periodic reports to federal and state
officials as necessary to carry out the duties under this section, and addressing problems
of concern to the public.
new text end

new text begin Subd. 4. new text end

new text begin Qualifications. new text end

new text begin The ombudsman must be knowledgeable about federal
and state water quality laws and regulations, control technologies, and federal and state
legislative and regulatory processes. The ombudsman must be experienced in dealing
with both private enterprise and governmental entities, arbitration and negotiation,
interpretation of laws and regulations, investigation, record keeping, report writing, public
speaking, and management.
new text end

new text begin Subd. 5. new text end

new text begin Office support. new text end

new text begin The Pollution Control Agency shall provide the
ombudsman with the necessary office space, supplies, equipment, and clerical support to
effectively perform the duties under this section.
new text end

Sec. 8.

Minnesota Statutes 2006, section 473.1565, subdivision 2, is amended to read:

Subd. 2.

Advisory committee.

(a) A Metropolitan Area Water Supply Advisory
Committee is established to assist the council in its planning activities in subdivision 1.
The advisory committee has the following membership:

(1) the commissioner of agriculture or the commissioner's designee;

(2) the commissioner of health or the commissioner's designee;

(3) the commissioner of natural resources or the commissioner's designee;

(4) the commissioner of the Pollution Control Agency or the commissioner's
designee;

(5) two officials of counties that are located in the metropolitan area, appointed by
the governor;

(6) five officials of noncounty local governmental units that are located in the
metropolitan area, appointed by the governor; and

(7) the chair of the Metropolitan Council or the chair's designee, who is chair of
the advisory committee.

A local government unit in each of the seven counties in the metropolitan area must
be represented in the seven appointments made under clauses (5) and (6).

(b) Members of the advisory committee appointed by the governor serve at the
pleasure of the governor. Members of the advisory committee serve without compensation
but may be reimbursed for their reasonable expenses as determined by the Metropolitan
Council. The advisory committee expires December 31, deleted text begin 2008 deleted text end new text begin 2010 new text end .

(c) The council must consider the work and recommendations of the advisory
committee when the council is preparing its regional development framework.

Sec. 9. new text begin APPLICATION.
new text end

new text begin Section 8 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end