SF 1225

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 09/08/2015 03:34pm

A bill for an act
relating to waters; appropriating money for feasibility study of section 404
permit program.

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

Section 1. new text begin APPROPRIATION; FEDERAL CLEAN WATER ACT SECTION 404
PERMIT PROGRAM FEASIBILITY STUDY.
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new text begin (a) $....... is appropriated in fiscal year 2016 from the general fund to the Board of
Water and Soil Resources and the commissioner of natural resources to study the feasibility
of the state assuming administration of the section 404 permit program of the federal Clean
Water Act. The United States Army Corps of Engineers, St. Paul District; and the United
States Environmental Protection Agency shall be consulted with during the development
of the study. This appropriation is available until June 30, 2017. The study shall identify:
new text end

new text begin (1) the federal requirements for state assumption of the 404 program;
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new text begin (2) the potential extent of assumption, including those waters that would remain
under the jurisdiction of the Army Corps of Engineers due to the prohibition of 404
assumption in certain waters as defined in section 404(g)(1) of the federal Clean Water Act;
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new text begin (3) differences in waters regulated under Minnesota laws compared to waters of the
United States, including complications and potential solutions to address the current
uncertainties relating to determining waters of the United States;
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new text begin (4) measures to ensure the protection of aquatic resources consistent with the Clean
Water Act, Wetland Conservation Act, and the public waters program administered by the
Department of Natural Resources;
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new text begin (5) changes to existing state law, including changes to current implementation
structure and processes, that would need to occur to allow for state assumption of the
404 program;
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new text begin (6) new agency responsibilities for implementing federal requirements and
procedures that would become the obligation of the state under assumption, including the
staff and resources needed for implementation;
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new text begin (7) the estimated costs and savings that would accrue to affected units of government;
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new text begin (8) the effect on application review and approval processes and time frames;
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new text begin (9) alternatives to assumption that would also achieve the goals of regulatory
simplification, efficiency, and reduced permitting times;
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new text begin (10) options for financing any additional costs of implementation; and
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new text begin (11) other information as determined by the board and commissioner.
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new text begin (b) The board and commissioner shall involve stakeholders in the development of
the plan of study consistent with Minnesota Statutes, section 103B.101, subdivision 16.
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new text begin (c) By January 15, 2017, the board and commissioner must report the study to the
legislative policy and finance committees and divisions with jurisdiction over environment
and natural resources.
new text end