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SF 196

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 01:53pm

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

Current Version - 1st Engrossment

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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 two-year period beginning July 1,
2011, and ending June 30, 2013.
new text end

Sec. 2. new text beginSTUDY REQUIRED.
new text end

new text begin (a) The Department of Administration, in consultation with representatives from
the Department of Natural Resources, Pollution Control Agency, Board of Water and
Soil Resources, Environmental Quality Board, Department of Health, Department
of Agriculture, technical professionals with scientific expertise in water resources
management, and other interested parties, shall conduct a study as provided in paragraph
(b).
new text end

new text begin (b) The study 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;
new text end

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;
new text end

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; and
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.
new text end

new text begin (c) The commissioner of administration must submit the study results and make
recommendations to agencies listed under 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