SF 732

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:26pm

A bill for an act
relating to environment; initiating a process to amend standards for sulfates;
creating an advisory group; allowing expedited rulemaking; appropriating money.

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

Section 1. new text begin WILD RICE RULEMAKING AND RESEARCH.
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new text begin (a) Within 30 days of the effective date of this section, the commissioner of the
Pollution Control Agency shall initiate a process to amend Minnesota Rules, chapter
7050, which may be accomplished through a rulemaking already in progress, related to
the water quality standards contained in Minnesota Rules, chapter 7050, establishing a
standard for sulfates for Class 4 waters. The Pollution Control Agency shall take the
actions necessary to ensure that the revised standards are effective not later than December
30, 2012. The amended rule shall:
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new text begin (1) establish a water quality standard for sulfates for waters containing natural beds
of wild rice, as well as for irrigation waters used for the production of wild rice; and
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new text begin (2) designate each body of water, or specific portion thereof, to which the wild rice
water quality standards apply and the specific times of year during which the standard
applies.
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new text begin (b) "Waters containing natural beds of wild rice" means waters where significant
quantities of wild rice occur naturally. Before designating waters containing natural beds
of wild rice as waters subject to a standard, the commissioner shall establish criteria for
the waters after consultation with the Department of Natural Resources, Minnesota Indian
tribes, and other interested parties, and after public notice and comment. The criteria shall
include, but not be limited to, documented history of wild rice harvests, minimum acreage,
and wild rice density. Waters where individual wild rice plants or isolated, sparse stands of
wild rice exist shall not be designated as subject to the standard.
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new text begin (c) Within 30 days of the effective date of this section, the commissioner of
the Pollution Control Agency must create an advisory group to provide input to the
commissioner on a protocol for scientific research to assess the impacts of sulfates and
other substances on the growth of wild rice, review research results, and provide other
advice on the development of future rule amendments to protect wild rice. The group must
include representatives of tribal governments, municipal wastewater treatment facilities,
industrial dischargers, wild rice harvesters, and wild rice research experts.
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new text begin (d) After receiving the advice of the advisory group under paragraph (c), consultation
with the commissioner of natural resources, and review of all available scientific
research on water quality and other environmental impacts on the growth of wild rice,
the commissioner shall adopt and implement a wild rice research plan using the money
appropriated to contract with appropriate scientific experts. The commissioner shall
periodically review the results of the research with the commissioner of natural resources
and the advisory group.
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new text begin (e) Upon completion of the research referenced in paragraph (d), the commissioner
shall initiate a process to amend agency rules to revise water quality standards related to
the protection of wild rice to be consistent with the results of the research.
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new text begin (f) Until the rule amendment described in paragraph (e) is complete, in any permit
issued for the discharge of wastewater, the Pollution Control Agency may require only
that the permittee monitor sulfate concentrations in discharges, and, if appropriate, based
on site-specific conditions, implement a sulfate minimization plan to avoid or minimize
sulfate concentrations during periods when wild rice may be susceptible to damage,
but shall not require expenditures for design and implementation of sulfate treatment
technologies. Upon completion of the rule amendment processes described in paragraph
(e), the Pollution Control Agency shall provide permittees a reasonable period of time to
comply with the amended standards.
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new text begin (g) By December 15, 2011, the commissioner shall submit a report to the chairs
and ranking minority members of the environment and natural resources committees of
the house of representatives and senate on the status of implementation of this section.
The report must include an estimated timeline for completion of the wild rice research
plan and initiation and completion of the formal rulemaking process under Minnesota
Statutes, chapter 14.
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new text begin (h) Until the rule amendment described in paragraph (e) is finally adopted, the
agency shall suspend the standard for sulfates for Class 4 waters.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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Sec. 2. new text begin RULE AMENDMENT; EXPEDITED RULEMAKING.
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new text begin The Pollution Control Agency shall amend Minnesota Rules, part 7050.0224,
subpart 2, to delete the standard for sulfates for Class 4A waters. The Pollution Control
Agency may use the good cause exemption under Minnesota Statutes, section 14.388,
subdivision 1, clause (3), to adopt rules and Minnesota Statutes, section 14.386, does not
apply, except as provided in Minnesota Statutes, section 14.388.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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Sec. 3. new text begin APPROPRIATION; POLLUTION CONTROL AGENCY.
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new text begin $1,500,000 in fiscal year 2012 is appropriated to the Pollution Control Agency for
scientific research on the impacts of sulfates and other substances on the growth of wild
rice. Of this amount, $....... is from the ....... fund and $....... is from the ....... fund. This is
a onetime appropriation and is available until spent.
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