HF 2368

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2021 12:57pm

A bill for an act
relating to water; reestablishing Legislative Water Commission; requiring statewide
drinking water plan; establishing soil and water conservation district grant program;
reestablishing Advisory Council on Water Supply Systems and Wastewater
Treatment Facilities; providing for appointments; requiring report; appropriating
money; amending Minnesota Statutes 2020, section 103B.151, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapters 3; 103C; 115.

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

Section 1.

new text begin [3.8865] LEGISLATIVE WATER COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A Legislative Water Commission is established.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Legislative Water Commission consists of 12 members
appointed as follows:
new text end

new text begin (1) six members of the senate, including three majority party members appointed by the
majority leader and three minority party members appointed by the minority leader; and
new text end

new text begin (2) six members of the house of representatives, including three majority party members
appointed by the speaker of the house and three minority party members appointed by the
minority leader.
new text end

new text begin (b) Members serve at the pleasure of the appointing authority and continue to serve until
their successors are appointed or until a member is no longer a member of the legislative
body that appointed the member to the commission. Vacancies must be filled in the same
manner as the original positions. Vacancies occurring on the commission do not affect the
authority of the remaining members of the Legislative Water Commission to carry out the
functions of the commission.
new text end

new text begin (c) Members must elect a chair, vice-chair, and other officers as determined by the
commission. The chair may convene meetings as necessary to conduct the duties prescribed
by this section.
new text end

new text begin Subd. 3. new text end

new text begin Commission staffing. new text end

new text begin The Legislative Coordinating Commission must employ
staff and contract with consultants as necessary to enable the Legislative Water Commission
to carry out its duties and functions.
new text end

new text begin Subd. 4. new text end

new text begin Powers and duties. new text end

new text begin (a) The Legislative Water Commission must review water
policy reports and recommendations of the Environmental Quality Board, the Board of
Water and Soil Resources, the Pollution Control Agency, the Department of Natural
Resources, the Metropolitan Council, and other water-related reports as may be required
by law or the legislature.
new text end

new text begin (b) The commission may conduct public hearings and otherwise secure data and
comments.
new text end

new text begin (c) The commission must make recommendations as it deems proper to assist the
legislature in formulating legislation.
new text end

new text begin (d) Data or information compiled by the Legislative Water Commission or its
subcommittees must be made available to the Legislative-Citizen Commission on Minnesota
Resources, the Clean Water Council, and standing and interim committees of the legislature
upon request of the chair of the respective commission, council, or committee.
new text end

new text begin (e) The commission must coordinate with the Clean Water Council.
new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Members of the commission may receive per diem and expense
reimbursement incurred doing the work of the commission in the manner and amount
prescribed for per diem and expense payments by the senate Committee on Rules and
Administration and the house of representatives Committee on Rules and Legislative
Administration.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2026.
new text end

Sec. 2.

Minnesota Statutes 2020, section 103B.151, subdivision 1, is amended to read:

Subdivision 1.

Water planning.

The Environmental Quality Board shall:

(1) coordinate public water resource management and regulation activities among the
state agencies having jurisdiction in the area;

(2) coordinate comprehensive long-range water resources planning in furtherance of the
Environmental Quality Board's "Minnesota Water Plan," published in January 1991, by
September 15, 2000, and each ten-year interval afterwards;

(3) coordinate water planning activities of local, regional, and federal bodies with state
water planning and integrate these plans with state strategies;

(4) coordinate development of state water policy recommendations and priorities, and
a recommended program for funding identified needs, including priorities for implementing
the state water resources monitoring plan;

(5) administer federal water resources planning with multiagency interests;

(6) ensure that groundwater quality monitoring and related data is provided and integrated
into the Minnesota land management information system according to published data
compatibility guidelines. Costs of integrating the data in accordance with data compatibility
standards must be borne by the agency generating the data;

(7) coordinate the development and evaluation of water information and education
materials and resources; deleted text begin and
deleted text end

(8) coordinate the dissemination of water information and education through existing
delivery systems new text begin ; and
new text end

new text begin (9) coordinate the development and maintenance of a statewide plan to address threats
to drinking water and other drinking water policy issues and submit the plan to the house
of representatives and senate committees and divisions with jurisdiction over environment
and natural resources and health by January 15 each year new text end .

Sec. 3.

new text begin [103C.333] SOIL AND WATER CONSERVATION DISTRICT GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Board of Water and Soil Resources must establish a soil
and water conservation district grant program to provide support to soil and water
conservation districts.
new text end

new text begin Subd. 2. new text end

new text begin Distribution of grants. new text end

new text begin Money appropriated for grants to soil and water
conservation districts under this section must be distributed as follows:
new text end

new text begin (1) one-third must be distributed equally as a base grant to each soil and water
conservation district;
new text end

new text begin (2) one-third must be distributed equally to soil and water conservation districts with a
total estimated market value of taxable property in the bottom ... percent of the state; and
new text end

new text begin (3) one-third must be distributed as competitive grants based on soil and water
conservation district performance and the merits of a project's environmental outcomes.
new text end

Sec. 4.

new text begin [115.742] ADVISORY COUNCIL ON WATER SUPPLY SYSTEMS AND
WASTEWATER TREATMENT FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose; membership. new text end

new text begin The Advisory Council on Water Supply Systems
and Wastewater Treatment Facilities advises the commissioners of health and the Pollution
Control Agency regarding classification of water supply systems and wastewater treatment
facilities; qualifications and competency evaluation of water supply system operators and
wastewater treatment facility operators; and additional laws, rules, and procedures that may
be desirable for regulating the operation of water supply systems and wastewater treatment
facilities. The advisory council is composed of 11 voting members, of whom:
new text end

new text begin (1) one member must be from the Department of Health, Division of Environmental
Health, appointed by the commissioner of health;
new text end

new text begin (2) one member must be from the Pollution Control Agency, appointed by the
commissioner of the Pollution Control Agency;
new text end

new text begin (3) three members must be certified water supply system operators, appointed by the
commissioner of health, one of whom must represent a nonmunicipal community water
system or a nontransient noncommunity water system;
new text end

new text begin (4) three members must be certified wastewater treatment facility operators, appointed
by the commissioner of the Pollution Control Agency;
new text end

new text begin (5) one member must be a representative from an organization representing municipalities,
appointed by the commissioner of health with the concurrence of the commissioner of the
Pollution Control Agency; and
new text end

new text begin (6) two members must be members of the public who are not associated with water
supply systems or wastewater treatment facilities, one appointed by the commissioner of
health and one appointed by the commissioner of the Pollution Control Agency.
Consideration should be given to one of these members being a representative of academia
knowledgeable in water or wastewater matters.
new text end

new text begin Subd. 2. new text end

new text begin Members; geographic representation. new text end

new text begin At least one of the water supply system
operators and at least one of the wastewater treatment facility operators must be from outside
the seven-county metropolitan area and one wastewater operator must come from the
Metropolitan Council.
new text end

new text begin Subd. 3. new text end

new text begin Terms; compensation. new text end

new text begin The terms of the appointed members and the
compensation and removal of all members are governed by section 15.059.
new text end

new text begin Subd. 4. new text end

new text begin Officers. new text end

new text begin When new members are appointed to the council, a chair must be
elected at the next council meeting. The Department of Health representative serves as
secretary of the council.
new text end

Sec. 5. new text begin CLEAN WATER COUNCIL RECOMMENDATIONS; SOIL AND WATER
CONSERVATION DISTRICTS.
new text end

new text begin The Clean Water Council must include in its recommendations to the governor and
legislature required under Minnesota Statutes, section 114D.30, subdivision 6, a
recommendation for base grants and other support to supplement general fund appropriations
for soil and water conservation districts of at least $3,000,000 in fiscal year 2024.
new text end

Sec. 6. new text begin SOIL AND WATER CONSERVATION DISTRICTS; APPROPRIATIONS.
new text end

new text begin (a) $4,500,000 in fiscal year 2022 and $9,000,000 in fiscal year 2023 are appropriated
from the general fund to the Board of Water and Soil Resources for grants to soil and water
conservation districts under Minnesota Statutes, section 103C.333. The base for this
appropriation is $15,000,000 in fiscal year 2024 and $18,000,000 in fiscal year 2025 and
thereafter.
new text end

new text begin (b) $9,000,000 in fiscal year 2022 and $6,000,000 in fiscal year 2023 are appropriated
from the clean water fund to the Board of Water and Soil Resources for grants to soil and
water conservation districts under Minnesota Statutes, section 103C.333. This is a onetime
appropriation.
new text end

Sec. 7. new text begin DRINKING WATER INFRASTRUCTURE; APPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of health, in cooperation with the Minnesota Rural Water Association and the Minnesota
technical assistance program at the University of Minnesota, to accelerate and enhance
cost-effectiveness plan reviews for drinking water facilities.
new text end

new text begin (b) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of health for grants to the Minnesota Rural Water Association and to the Minnesota technical
assistance program at the University of Minnesota to provide assistance, training, tool
development, and technical assistance to facilitate adopting innovative best management
practices at drinking water facilities. Of this amount, $....... is for a grant to the Minnesota
Rural Water Association and $....... is for a grant to the Minnesota technical assistance
program at the University of Minnesota.
new text end

new text begin (c) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of health to provide grants to cities and other political subdivisions to develop and maintain
asset management plans for drinking water facilities.
new text end

new text begin (d) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of health to address public health risks related to public drinking water supplies by providing
a plan to assess, inventory, and provide a database of lead service lines and to provide grants
to public water suppliers to replace lead service lines.
new text end

new text begin (e) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of the Pollution Control Agency, in consultation with the commissioner of health, to identify
areas of the state where subsurface sewage treatment systems pose the most serious risk to
drinking water supplies and to address those risks by providing technical assistance, grants,
and other financial assistance to incentivize upgrades, replacements, and alternatives to
improve water quality.
new text end

Sec. 8. new text begin WATER QUALITY; EVALUATING MODELS FOR ASSESSING BEST
MANAGEMENT PRACTICES; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the Board of Water
and Soil Resources to review water quality models, tools, and estimators used to assess the
outcomes of best management practices and to develop recommendations on how to select
the best models, tools, and estimators to improve outcomes and consistency. The board
must submit a report with the recommendations to the chairs and ranking minority members
of the house of representatives and senate committees and divisions with jurisdiction over
environment and natural resources by January 15, 2022. This is a onetime appropriation.
new text end