Minnesota Session Laws - 2018, Regular Session

CHAPTER 204--H.F.No. 3660

An act

relating to environment; implementing terms of recent settlement between state and 3M Company; requiring a report of well testing; appropriating money;

amending Minnesota Statutes 2016, section 116.155, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 115B.

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

Section 1.

new text begin [115B.52] WATER QUALITY AND SUSTAINABILITY ACCOUNT. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 115B.53, the following terms have the meanings given. new text end

new text begin (b) "East metropolitan area" includes but is not limited to the cities of Woodbury, Oakdale, Lake Elmo, Cottage Grove, St. Paul Park, Afton, and Newport and the townships of West Lakeland and Grey Cloud Island. new text end

new text begin (c) "Settlement" means the agreement and order entered on February 20, 2018, settling litigation commenced by the state against the 3M Company under section 115B.17, subdivision 7. new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The water quality and sustainability account is established as an account in the remediation fund. The account consists of revenue deposited in the account under the terms of the settlement and earnings on the investment of money in the account. Money in the account may be invested through the State Board of Investment. new text end

new text begin Subd. 3. new text end

new text begin Expenditures. new text end

new text begin Money in the account is appropriated to the commissioner of the Pollution Control Agency and to the commissioner of natural resources for the purposes authorized under the settlement. new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin The commissioner of the Pollution Control Agency and the commissioner of natural resources must jointly submit: new text end

new text begin (1) by April 1, 2019, an implementation plan detailing how the commissioners will: new text end

new text begin (i) determine how the priorities in the settlement will be met and how the spending will move from the first priority to the second priority and the second priority to the third priority outlined in the settlement; and new text end

new text begin (ii) evaluate and determine what projects receive funding; new text end

new text begin (2) by February 1 and August 1 each year, a biannual report to the chairs and ranking minority members of the legislative policy and finance committees with jurisdiction over environment and natural resources on expenditures from the water quality and sustainability account during the previous six months; and new text end

new text begin (3) by August 1, 2019, and each year thereafter, a report to the legislature on expenditures from the water quality and sustainability account during the previous fiscal year and a spending plan for anticipated expenditures from the account during the current fiscal year. new text end

new text begin Subd. 5. new text end

new text begin Local approval. new text end

new text begin The commissioner of the Pollution Control Agency or commissioner of natural resources must receive approval from the local unit of government prior to assuming control or otherwise operating an existing municipal water supply operation in the east metropolitan area. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 2.

new text begin [115B.53] WATER QUALITY AND SUSTAINABILITY STAKEHOLDERS. new text end

new text begin The commissioner of the Pollution Control Agency and the commissioner of natural resources must work with stakeholders to identify and recommend projects to receive funding from the water quality and sustainability account under the settlement. Stakeholders include, at a minimum, representatives of the agency, the Department of Natural Resources, east metropolitan area municipalities, and the 3M Company. The commissioners must establish a process to solicit and evaluate the recommendations from municipalities in the east metropolitan area as defined in section 115B.52. new text end

Sec. 3.

Minnesota Statutes 2016, section 116.155, subdivision 1, is amended to read:

Subdivision 1.

Creation.

The remediation fund is created as a special revenue fund in the state treasury to provide a reliable source of public money for response and corrective actions to address releases of hazardous substances, pollutants or contaminants, agricultural chemicals, and petroleum, and for environmental response actions at qualified landfill facilities for which the agency has assumed such responsibility, including perpetual care of such facilities. The specific purposes for which the general portion of the fund may be spent are provided in subdivision 2. In addition to the general portion of the fund, the fund contains deleted text begin two deleted text end new text begin three new text end accounts described in subdivisions 4 deleted text begin and 5 deleted text end new text begin to 5a new text end .

Sec. 4.

Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Water quality and sustainability account. new text end

new text begin The water quality and sustainability account is as described in section 115B.52. new text end

Sec. 5.

new text begin TESTING FOR PRIVATE WELLS; EAST METROPOLITAN AREA. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the meanings given. new text end

new text begin (b) "East metropolitan area" means: new text end

new text begin (1) the cities of Afton, Cottage Grove, Lake Elmo, Maplewood, Newport, Oakdale, St. Paul Park, and Woodbury; new text end

new text begin (2) the townships of Denmark, Grey Cloud Island, and West Lakeland; and new text end

new text begin (3) other areas added by the commissioner that have a potential for significant groundwater pollution from PFCs. new text end

new text begin (c) "PFCs" means per- and poly-fluorinated chemicals. new text end

new text begin Subd. 2. new text end

new text begin Testing for private wells. new text end

new text begin To provide results of PFC groundwater monitoring to the public, the commissioner of the Pollution Control Agency must develop a Web page that may include, but is not limited to, the following: new text end

new text begin (1) the process for private and public well PFC sampling in the east metropolitan area; new text end

new text begin (2) an interactive map system that allows the public to view locations of the Department of Health well advisories and areas projected to be sampled for PFCs; and new text end

new text begin (3) how to contact the Pollution Control Agency or Department of Health staff to answer questions on sampling of private wells. new text end

new text begin Subd. 3. new text end

new text begin Test reporting. new text end

new text begin (a) By January 15 each year, the commissioner of the Pollution Control Agency must report to each community in the east metropolitan area a summary of the results of the testing for private wells in the community. The report must include information on the number of wells tested and trends of PFC contamination in private wells in the community. Reports to communities under this section must also be published on the Pollution Control Agency's Web site. new text end

new text begin (b) By January 15 each year, the commissioner of the Pollution Control Agency must report to the legislature, as provided in Minnesota Statutes, section 3.195, on the testing for private wells conducted in the east metropolitan area, including copies of the community reports required in paragraph (a), the number of requests for well testing in each community, and the total amount spent for testing private wells in each community. new text end

Presented to the governor May 21, 2018

Signed by the governor May 29, 2018, 1:20 p.m.