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Minnesota Legislature

Office of the Revisor of Statutes

HF 3660

4th Engrossment - 90th Legislature (2017 - 2018) Posted on 06/01/2018 03:19pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to environment; implementing terms of recent settlement between state
and 3M Company; requiring a report of well testing; appropriating money;
amending Minnesota Statutes 2016, section 116.155, subdivision 1, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 115B.

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

Section 1.

new text begin [115B.52] WATER QUALITY AND SUSTAINABILITY ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 115B.53, the
following terms have the meanings given.
new text end

new text begin (b) "East metropolitan area" includes but is not limited to the cities of Woodbury,
Oakdale, Lake Elmo, Cottage Grove, St. Paul Park, Afton, and Newport and the townships
of West Lakeland and Grey Cloud Island.
new text end

new text begin (c) "Settlement" means the agreement and order entered on February 20, 2018, settling
litigation commenced by the state against the 3M Company under section 115B.17,
subdivision 7.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The water quality and sustainability account is established as
an account in the remediation fund. The account consists of revenue deposited in the account
under the terms of the settlement and earnings on the investment of money in the account.
Money in the account may be invested through the State Board of Investment.
new text end

new text begin Subd. 3. new text end

new text begin Expenditures. new text end

new text begin Money in the account is appropriated to the commissioner of
the Pollution Control Agency and to the commissioner of natural resources for the purposes
authorized under the settlement.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin The commissioner of the Pollution Control Agency and the
commissioner of natural resources must jointly submit:
new text end

new text begin (1) by April 1, 2019, an implementation plan detailing how the commissioners will:
new text end

new text begin (i) determine how the priorities in the settlement will be met and how the spending will
move from the first priority to the second priority and the second priority to the third priority
outlined in the settlement; and
new text end

new text begin (ii) evaluate and determine what projects receive funding;
new text end

new text begin (2) by February 1 and August 1 each year, a biannual report to the chairs and ranking
minority members of the legislative policy and finance committees with jurisdiction over
environment and natural resources on expenditures from the water quality and sustainability
account during the previous six months; and
new text end

new text begin (3) by August 1, 2019, and each year thereafter, a report to the legislature on expenditures
from the water quality and sustainability account during the previous fiscal year and a
spending plan for anticipated expenditures from the account during the current fiscal year.
new text end

new text begin Subd. 5. new text end

new text begin Local approval. new text end

new text begin The commissioner of the Pollution Control Agency or
commissioner of natural resources must receive approval from the local unit of government
prior to assuming control or otherwise operating an existing municipal water supply operation
in the east metropolitan area.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [115B.53] WATER QUALITY AND SUSTAINABILITY STAKEHOLDERS.
new text end

new text begin The commissioner of the Pollution Control Agency and the commissioner of natural
resources must work with stakeholders to identify and recommend projects to receive funding
from the water quality and sustainability account under the settlement. Stakeholders include,
at a minimum, representatives of the agency, the Department of Natural Resources, east
metropolitan area municipalities, and the 3M Company. The commissioners must establish
a process to solicit and evaluate the recommendations from municipalities in the east
metropolitan area as defined in section 115B.52.
new text end

Sec. 3.

Minnesota Statutes 2016, section 116.155, subdivision 1, is amended to read:


Subdivision 1.

Creation.

The remediation fund is created as a special revenue fund in
the state treasury to provide a reliable source of public money for response and corrective
actions to address releases of hazardous substances, pollutants or contaminants, agricultural
chemicals, and petroleum, and for environmental response actions at qualified landfill
facilities for which the agency has assumed such responsibility, including perpetual care of
such facilities. The specific purposes for which the general portion of the fund may be spent
are provided in subdivision 2. In addition to the general portion of the fund, the fund contains
deleted text begin twodeleted text endnew text begin threenew text end accounts described in subdivisions 4 deleted text beginand 5deleted text endnew text begin to 5anew text end.

Sec. 4.

Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision to
read:


new text begin Subd. 5a. new text end

new text begin Water quality and sustainability account. new text end

new text begin The water quality and sustainability
account is as described in section 115B.52.
new text end

Sec. 5. new text beginTESTING FOR PRIVATE WELLS; EAST METROPOLITAN AREA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "East metropolitan area" means:
new text end

new text begin (1) the cities of Afton, Cottage Grove, Lake Elmo, Maplewood, Newport, Oakdale, St.
Paul Park, and Woodbury;
new text end

new text begin (2) the townships of Denmark, Grey Cloud Island, and West Lakeland; and
new text end

new text begin (3) other areas added by the commissioner that have a potential for significant
groundwater pollution from PFCs.
new text end

new text begin (c) "PFCs" means per- and poly-fluorinated chemicals.
new text end

new text begin Subd. 2. new text end

new text begin Testing for private wells. new text end

new text begin To provide results of PFC groundwater monitoring
to the public, the commissioner of the Pollution Control Agency must develop a Web page
that may include, but is not limited to, the following:
new text end

new text begin (1) the process for private and public well PFC sampling in the east metropolitan area;
new text end

new text begin (2) an interactive map system that allows the public to view locations of the Department
of Health well advisories and areas projected to be sampled for PFCs; and
new text end

new text begin (3) how to contact the Pollution Control Agency or Department of Health staff to answer
questions on sampling of private wells.
new text end

new text begin Subd. 3. new text end

new text begin Test reporting. new text end

new text begin (a) By January 15 each year, the commissioner of the Pollution
Control Agency must report to each community in the east metropolitan area a summary
of the results of the testing for private wells in the community. The report must include
information on the number of wells tested and trends of PFC contamination in private wells
in the community. Reports to communities under this section must also be published on the
Pollution Control Agency's Web site.
new text end

new text begin (b) By January 15 each year, the commissioner of the Pollution Control Agency must
report to the legislature, as provided in Minnesota Statutes, section 3.195, on the testing for
private wells conducted in the east metropolitan area, including copies of the community
reports required in paragraph (a), the number of requests for well testing in each community,
and the total amount spent for testing private wells in each community.
new text end