SF 1698

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am

A bill for an act
relating to the 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 begin STUDY 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, the 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) consider scientific data, including the studies of the National Academy of
Sciences relating to watersheds, total maximum daily loads (TMDL's), stormwater, and
compensation for wetland loss under the Clean Water Act;
new text end

new text begin (2) identify current rules relating to water, the purpose of the rules, the statutory
background of the rules, the outcomes the rules are intended to achieve, the costs of the
rules to state and local government and to the private sector, and the rules' relationship
to other state and federal laws, including requirements relating to training, development,
public education, and recordkeeping;
new text end

new text begin (3) assess the pros and cons of a watershed approach to implementing statutory
water management programs and regulations compared to state agency-administered
programs and administrative rules;
new text end

new text begin (4) assess why some regulations are deemed appropriate for administration at the
local level, for example, those relating to shorelands, floodplains, wild and scenic rivers,
wetland conservation, feedlots, and subsurface sewage treatment systems, and others
are not;
new text end

new text begin (5) identify redundancy between state and federal regulations;
new text end

new text begin (6) identify the current strategic decision making of the agencies individually and
collectively to cooperate and coordinate in rulemaking and rule implementation to achieve
more effective, efficient, and justifiable rules that result in the desired outcomes; and
new text end

new text begin (7) identify the rule assessment and evaluation process that supports the continuation
of the various rules in whole or in part, including but not limited to:
new text end

new text begin (i) nondegradation standards;
new text end

new text begin (ii) consistent buffer requirements;
new text end

new text begin (iii) zoning setback requirements; and
new text end

new text begin (iv) water quality requirements.
new text end

new text begin (c) The commissioner 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 and divisions having
primary jurisdiction over environment and natural resources policy and finance no later
than January 15, 2011.
new text end