HF 616

as introduced - 89th Legislature (2015 - 2016) Posted on 02/05/2015 01:53pm

A bill for an act
relating to environment; requiring legislative approval of certain water quality
standards and rules; requiring cost benefit analysis of certain water quality
standards; appropriating money; amending Minnesota Statutes 2014, section
115.03, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 115.03, is amended by adding a
subdivision to read:

new text begin Subd. 12. new text end

new text begin Legislative approval. new text end

new text begin (a) The commissioner of the Pollution Control
Agency must submit a water quality standard or other water quality rule change developed
under this chapter or chapter 116 to the legislature for approval if the standard or rule
change is estimated to have a financial impact to:
new text end

new text begin (1) affected permittees of $50,000,000 or more, in total, within the first five years of
implementation; or
new text end

new text begin (2) a single affected permittee of $5,000,000 or more within the first five years
of implementation.
new text end

new text begin (b) The standard or rule change must be approved by the legislature prior to
implementation.
new text end

Sec. 2. new text begin COST BENEFIT ANALYSIS OF WATER QUALITY STANDARDS.
new text end

new text begin (a) The commissioner of management and budget shall contract with a nonstate
entity for a cost benefit analysis of recently adopted or proposed changes to water quality
standards and rules, including:
new text end

new text begin (1) recently adopted or proposed changes to total suspended solid, nutrient, chloride,
nitrate, and sulfate standards;
new text end

new text begin (2) proposed nondegradation rulemaking provisions;
new text end

new text begin (3) proposed changes to water quality standards to incorporate a tiered aquatic
life use framework; and
new text end

new text begin (4) changes to water quality standards, reinterpretation of water quality standards,
and water strategies or other regulatory initiatives the commissioner of the Pollution
Control Agency anticipates will be proposed in the next five years that will impact national
pollutant discharge elimination system permits.
new text end

new text begin (b) The analysis must include a cost benefit analysis for a representative sample of at
least 15 communities. The sample must include a diverse set of communities based on
geography, watersheds, community size, wastewater facility types and operators, storm
water system types, and other factors to ensure the analysis is representative of the state as
a whole. The analysis must include:
new text end

new text begin (1) an estimate of the overall costs to upgrade wastewater and storm water systems,
including ongoing operating costs and costs associated with disposing of waste that are
likely to be incurred as a result of the recent, proposed, and anticipated changes; and
new text end

new text begin (2) an analysis of the estimated incremental benefit to water quality as a direct result
of the recent, proposed, and anticipated changes.
new text end

new text begin (c) The commissioner shall submit the analysis to the chairs and ranking minority
members of the committees and divisions of the house of representatives and senate with
jurisdiction over water quality standards no later than January 1, 2017.
new text end

Sec. 3. new text begin SUSPENSION OF NEW RULES.
new text end

new text begin Until the analysis is submitted to the legislature as required under section 2 and
the proposed amendments to Minnesota Rules, chapters 7050 and 7053, regarding total
suspended solids and eutrophication standards proposed and noticed in the State Register
on November 18, 2013, have undergone a new rulemaking process and been submitted
and approved by the legislature, the amendments to Minnesota Rules, chapters 7050 and
7053, regarding total suspended solids and eutrophication standards, are suspended and
the rules as they were prior to adoption of the amendments remain in effect.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2016 is appropriated from the general fund to the commissioner
of management and budget for the analysis required under section 2.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end