SF 68

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/28/2023 02:55pm

A bill for an act
relating to waters; requiring reporting of fish kills and development of protocol
for state response; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 103G.

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

Section 1.

new text begin [103G.216] REPORTING FISH KILLS IN PUBLIC WATERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section and section 103G.2165, "fish
kill" means an incident resulting in the death of 100 or more fish within an area one-half
square mile or less in public waters.
new text end

new text begin Subd. 2. new text end

new text begin Reporting requirement. new text end

new text begin A person who observes a fish kill in public waters
must report the location of the fish kill to the Office of Emergency Response in the
Department of Public Safety within four hours of first observing the fish kill. The Office
of Emergency Response must alert the Departments of Natural Resources and Health and
the Pollution Control Agency of the location of the fish kill within one hour of being notified
of the fish kill.
new text end

Sec. 2.

new text begin [103G.2165] DEVELOPMENT OF FISH KILL RESPONSE PROTOCOL.
new text end

new text begin Subdivision 1. new text end

new text begin Development of protocol. new text end

new text begin By October 1, 2023, the commissioner of
health, in consultation with the commissioners of the Pollution Control Agency, natural
resources, and agriculture and the head of the University of Minnesota's Department of
Fisheries, Wildlife, and Conservation Biology, must develop a protocol consisting of steps
that state agencies responding to a report of a fish kill under section 103G.216 must take to
ascertain on the basis of sound scientific evidence the factors contributing to the fish kill.
The protocol must address:
new text end

new text begin (1) the number and species of fish and other aquatic creatures sampled from the body
of water in which the fish kill occurred;
new text end

new text begin (2) the locations from which samples described in clause (1) should be taken;
new text end

new text begin (3) the number and location of water samples taken from the body of water in which the
fish kill occurred;
new text end

new text begin (4) the number and location of soil samples taken to ascertain whether contaminants
traveled overland to reach the body of water in which the fish kill occurred;
new text end

new text begin (5) sampling other materials located near the area of the fish kill, including but not
limited to vegetation and manure, that may indicate the presence of contaminants that may
have contributed to the fish kill;
new text end

new text begin (6) developing a comprehensive list of contaminants, including degradation products,
for which the materials sampled in clauses (3) to (5) should be tested;
new text end

new text begin (7) the appropriate concentration limits to be used in testing samples for the presence
of contaminants, allowing for the possibility that the fish kill may have resulted from the
interaction of two or more contaminants present at concentrations below the level associated
with toxic effects resulting from exposure to each individual chemical;
new text end

new text begin (8) proper handling, storage, and treatment necessary to preserve the integrity of the
samples described in this subdivision to maximize the information the samples can yield
regarding the cause of the fish kill;
new text end

new text begin (9) the organs and other parts of the fish and other aquatic creatures that should be
analyzed to maximize the information the samples can yield regarding the cause of the fish
kill;
new text end

new text begin (10) the need to take the samples described in this subdivision as soon as possible after
the fish kill occurs; and
new text end

new text begin (11) any other factors the parties deem relevant in determining the cause of the fish kill.
new text end

new text begin Subd. 2. new text end

new text begin Review of protocol. new text end

new text begin (a) The commissioner of health must submit the protocol
developed under subdivision 1 to an administrative law judge for review upon its completion.
The parties that developed the protocol must also separately submit comments to the
administrative law judge addressing the reasonableness of the protocol, the level and certainty
of the scientific support underlying the elements of the protocol, and any portions of the
protocol with which the parties disagree or would prefer to see modified.
new text end

new text begin (b) The administrative law judge must review the protocol and the accompanying
comments and must determine whether the protocol adequately provides a scientifically
sound basis for ascertaining the cause of a fish kill. Within 90 days of receiving the protocol
for review, the administrative law judge must issue a report stating findings of fact,
conclusions, and recommendations. The administrative law judge may reject all or portions
of the protocol and must submit the reasons for the rejection in writing to the parties who
developed the protocol. Within 45 days of receiving the administrative law judge's rejection
of all or part of the protocol, the parties must submit a revised protocol to the administrative
law judge for review and approval.
new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin Once the protocol has been approved by an administrative
law judge, state agencies must follow the protocol when responding to a fish kill.
new text end

new text begin Subd. 4. new text end

new text begin Updating protocol. new text end

new text begin The parties named in subdivision 1 must review and update
the protocol every five years. The updated protocol must be reviewed and approved by an
administrative law judge according to the procedures in this section.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the Board of Regents
of the University of Minnesota for the Department of Fisheries, Wildlife, and Conservation
Biology to develop a protocol for the state response to fish kills according to Minnesota
Statutes, section 103G.2165.
new text end