HF 4115

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/04/2022 04:35pm

A bill for an act
relating to capital investment; establishing a grant to replace lead drinking water
service lines; establishing a grant to inventory publicly owned and privately owned
lead service lines; requiring reports; appropriating money; proposing coding for
new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.3805] LEAD SERVICE LINE REPLACEMENT GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health must establish a program
to replace lead drinking water service lines in the state by 2032 and must provide grants to
entities for this purpose. The program must be structured to maximize use of federal funds
available for the purposes described in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Eligible recipients. new text end

new text begin The following are eligible recipients of funds in the program:
new text end

new text begin (1) community public water suppliers of a community water system as defined in Code
of Federal Regulations, title 40, section 141.2, as amended;
new text end

new text begin (2) municipalities;
new text end

new text begin (3) suppliers of other residential drinking water systems; and
new text end

new text begin (4) any applicant eligible for loans and grants under the federal Safe Drinking Water
Act.
new text end

new text begin Subd. 3. new text end

new text begin Eligible uses. new text end

new text begin An eligible recipient may use a grant provided under this program
for:
new text end

new text begin (1) removing and replacing lead drinking water service lines;
new text end

new text begin (2) repaying debt incurred for the purposes described in clauses (1), (3), and (4);
new text end

new text begin (3) providing information to residents on the benefits of lead service line removal; or
new text end

new text begin (4) performing necessary construction activities required for and associated with the
removal and replacement of lead service lines.
new text end

new text begin Subd. 4. new text end

new text begin Required removal or replacement of privately owned lead service lines. new text end

new text begin At
least 70 percent of the funds made available under the grant must be used for the purposes
of removing privately owned portions of lead drinking water service lines, installing privately
owned portions of drinking water service lines, or repaying debt incurred to remove or
replace privately owned portions of lead drinking water service lines.
new text end

new text begin Subd. 5. new text end

new text begin Grant priorities. new text end

new text begin In prioritizing the expenditure of grant money received under
this section, the commissioner must give priority to applications that utilize the funds as
part of a plan to remove all lead service lines within a municipality or residential drinking
water system. A plan should include:
new text end

new text begin (1) a description of how the recipient will maximize the number of property owners with
privately owned portions of lead service lines that will participate in the removal and
replacement, including lower-income residents and those from other disadvantaged
communities;
new text end

new text begin (2) a description of how the recipient will coordinate the removal of the publicly owned
and privately owned portions of the lead service lines to maximize efficient use of funds;
new text end

new text begin (3) a description of how the recipient will use the funds as part of a comprehensive plan
to remove all lead service lines within the recipient's jurisdiction; and
new text end

new text begin (4) a description of how the recipient will ensure compliance with program requirements
and other applicable legal requirements.
new text end

new text begin Subd. 6. new text end

new text begin Workforce plan. new text end

new text begin Applicants who serve 75,000 or more customers must submit
a workforce plan as part of their application. The workforce plan must include a description
of how the applicant will promote and expand the use of registered apprentices, along with
populations underrepresented in the construction industry, in the lead removal and
replacement work.
new text end

new text begin Subd. 7. new text end

new text begin Coordination with Public Facilities Authority. new text end

new text begin To the extent possible, the
commissioner shall coordinate with the Public Facilities Authority in administering this
program to maximize the effective use of federal funds for lead service line removal through
the drinking water revolving fund and to simplify the application process.
new text end

new text begin Subd. 8. new text end

new text begin Prevailing wage. new text end

new text begin Laborers and mechanics performing work on a project funded
by this grant program or loans repaid through this grant program, including removal and
replacement of lead drinking water service lines and installation of replacement drinking
water service lines, must be paid the prevailing wage rate for the work as defined in section
177.42, subdivision 6. The project is subject to the requirements and enforcement provisions
of sections 177.30 and 177.41 to 177.45.
new text end

new text begin Subd. 9. new text end

new text begin Appropriation bonds. new text end

new text begin The commissioner of management and budget shall
issue $30,000,000 in appropriation bonds every fiscal year through fiscal year 2032. The
proceeds from the bond sale shall be used to fund the grant program under this section.
new text end

new text begin Subd. 10. new text end

new text begin Report. new text end

new text begin By January 31, 2024, and by each January 31 thereafter through
January 31, 2033, the commissioner shall submit a report on the grant program to the chairs
and ranking minority members of the legislative committees with jurisdiction over capital
investment. The report must include, at a minimum, details about awards made, applications
submitted, and lead service lines removed.
new text end

Sec. 2.

new text begin [144.3807] LEAD SERVICE LINE REMOVAL GOAL.
new text end

new text begin It shall be the goal of the state of Minnesota to remove all lead service lines in public
water systems by 2032.
new text end

Sec. 3.

new text begin [144.3809] LEAD SERVICE LINE INVENTORIES; COMPLIANCE WITH
FEDERAL LEAD AND COPPER RULE.
new text end

new text begin Subdivision 1. new text end

new text begin Guidance; inventories. new text end

new text begin (a) By August 1, 2022, the commissioner of
health shall develop guidance for community water systems with instructions on completing
lead service line inventories.
new text end

new text begin (b) A community water system subject to the Revised Lead and Copper Rule in Code
of Federal Regulations, title 40, part 141, shall forward to the commissioner of health by
October 16, 2024, an inventory of the lead service lines within the service area of the
community water system. The commissioner, in coordination with the University of
Minnesota, shall make the results of the lead service line inventories submitted under this
subdivision available to the public.
new text end

new text begin Subd. 2. new text end

new text begin Lead service line reduction plan. new text end

new text begin A community water system with lead service
lines or lead status unknown service lines must create a lead service line reduction plan and
submit the plan to the commissioner by October 16, 2024.
new text end

new text begin Subd. 3. new text end

new text begin Notice to commissioner of health; compliance with Revised Lead and
Copper Rule. new text end

new text begin A community water system with water tap samples that, upon testing, contain
lead in an amount that exceeds ten micrograms per liter must notify the commissioner and
report how the community water system will comply with the requirements of the Revised
Lead and Copper Rule to eliminate the presence of lead in drinking water by replacing
lead-bearing materials, installing point-of-use treatment, or taking other necessary steps.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 31, 2025, and every two years thereafter through January
31, 2033, the commissioner shall report to the chairs and ranking minority members of the
legislative committees with jurisdiction over drinking water on progress made by community
water systems in complying with the Revised Lead and Copper Rule and with the state's
goal of eliminating lead plumbing materials in drinking water systems.
new text end

Sec. 4. new text begin LEAD SERVICE LINE INVENTORY GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health shall establish a grant
program to provide financial assistance to municipalities for producing an inventory of
publicly owned and privately owned lead service lines within their jurisdiction.
new text end

new text begin Subd. 2. new text end

new text begin Eligible uses. new text end

new text begin A municipality may use funding under this program for:
new text end

new text begin (1) surveying households to determine the material of which their water service line is
made;
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new text begin (2) creating publicly available databases or visualizations of lead service lines; and
new text end

new text begin (3) compliance with the Environmental Protection Agency's Lead and Copper Rule lead
service line inventory requirements.
new text end

Sec. 5. new text begin APPROPRIATION; LEAD SERVICE LINE INVENTORY GRANT
PROGRAM.
new text end

new text begin $10,000,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of health for the lead service line inventory grant program.
new text end