1. Legislative Water Commission
April 1, 2019
Co-Chairs: Representative Peter Fischer
Senator Bill Weber
Jim Stark, Director

2. Agenda Approval of Minutes-February 11 & March 18, 2019
Welcome to new member: Senator Michael Goggin
Issue Presentation: Lori Blair, MN Rural Water Association
Update: Section 404 Assumption – Clean Water Act
History of proposed changes to specific conductance standard
Discussion: Progress and next steps – LWC bills
Discussion: Bill – Consolidated Water Agency
Proposed field tour with CWC, LCCMR, LSOHC ~ Summer
Status of other introduced water legislation
Scheduling meetings during session
Adjourn

3. 12 Appointed Members
Representative jeff brand dfl district 19A st. peter
Senator rich draheim gop Madison lake
Senator chris eaton dfl district 40 Brooklyn center
Senator kent eken dfl district 4 twin valley
Representative peter fischer dfl district 43a Maplewood
Senator Michael Goggin gop district 21 red wing
Representative josh Heintzeman gop district 10a Nisswa
Representative todd Lippert dfl district 20B northfield
Representative john poston gop district 9a lake shore
Representative paul Torkelson gop district 16b hanska
Senator bill weber gop district 22 luverne
Senator chuck wiger dfl district 43 Maplewood

4. Minnesota rural water association
Lori blair presenting

5. Update: section 404 assumption clean water act Adapted from MN inter-county association
Simplifies the wetland permit process
One permit for projects with wetland impact
One regulatory agency
Should save time & money
Little reduction in the protection and retention of wetlands
Clean water act and the state wetland conservation act will continue in effect and require appropriate mitigation of adverse wetland impacts

6. challenges
Wetlands conservation act (wca) and section 404 need to be harmonized so that they can be administered together
Mapping of waters assumed will need to be completed

7. Legislation to begin the process of assumption has been introduced
SF 962, Mathews
Hf 1170, Ecklund
While the bills will lay the groundwork for assumption, a final application for assumption will require additional legislation sign off
Delays in legislative action may allow other states to get ahead of Minnesota in the queue for section 404 assumption

8. Next steps in the process
Interagency coordination (bwsr, dnr, pca)
Negotiations with epa
Stakeholder outreach and coordination
Specific and targeted statute and rule changes
Funding for application development and program implementation
Budget and staffing impact analysis needed
If legislation is not passed – potential lwc recommendation topic?

9. History of proposed changes to the specific conductance standard specific conductance water quality standard
Conductivity is a measure of water’s capacity to pass electrical current
Specific conductance (sc) is a measure corrected to 25 degrees C
Sc is used to compare waters
Changes are an indicator of changes in quality of water
Significant changes may be detrimental to water quality and to aquatic organisms

10. Specific conductance No universal standard in water
Sc standard, for most rivers, is 1,000 microsiemens per centimeter
Some approximate values for specific conductance:
Waters of Minnesota are grouped into classes
Within classes, standards exist for use and benefits
Sc standard applies to class 4 waters
Relates to water for irrigation
Class 3 and 4 standards were adopted in the 1960’s

11. Specific conductance water quality standard (part II)
Cwa requires reviews of standards
review – mpca contracted um
Um recommended updates to the class 3 & 4
The um report was completed in 2010
Based on those recommendations, and other factors, mpca is considering a change process to rules
A change in the sc standard is proposed
Mpca completed a preliminary comment period
Comment process is used to obtain input
Mpca has provided ideas and sought feedback for rulemaking
That process is complete
Mpca now has a request for comments
The formal rulemaking process begins thereafter

12. 13 recommendations Inflow and infiltration – wastewater
Healthy soil/healthy water
Water infrastructure
Peer review of wastewater standards
Reducing excess chloride
Continuation of the legislative water commission
Keeping water on the land
Data, information, education, and public awareness
Preserving and protecting our lakes
Expanded source water program
Increase drinking water protection fee
Statewide water policy
Educational curriculum – water – k-12

13. Status of lwc bills Most have been introduced Progressing in the house
One bill heard in the senate

14. discussion
Concerns
Commission’s guidance to the legislature is not adequate
Commission bills do not contain background needed by the legislature
Guidance on major issues is not being provided

15. Interim topics Effectiveness of water management
One water agency – a positive change?
Permits: is there a way to create efficiency, interagency – regional facilitators
Erosion of general funds for water
Environmental funding compared to other states. Are we a leader?
Is 404 wetlands assumption a good idea?
Are we planning for an uncertain future?
Minnesota’s most important water priorities
Others?

16. Sf 2102: creation of a department of water resources
Combines agency water responsibilities
Proposes new laws and statutes
Abolishes bwsr, eqb
Background on framework – 2011
Um and partners addresses water governance
Water agencies: 20 federal, 7 state, many local evolved independently over time
Policy development in an additive manner
Recognize inefficiencies and disconnections
Lack of integration over natural water and political boundaries

17. Framework makes recommendations
Increase coordination across agencies
Increase legislative capacity better coordination with local agencies
Better coordination with local agencies
Systems (watershed and aquifer) management rather than on political boundaries
Increase ability to manage long term issues (water sustainability and climate change)
Water congress to review, assess statutes, rules crossing agencies and to suggest changes
Create a water sustainability act
More authority to watershed organizations
Increase agency and local coordination
develop an interagency data/information portal

18. Mpca led governance evaluation - 2013
Reported to legislature
Create interagency water-management “system” – improve lateral coordination
Agencies: use resources more efficiently
Improved customer service (regional interagency customer advocate?)
Improve sustainable water management – implement 1 water/1 plan
Simplify the permit process
Increase the ability to manage long-term issues (climate change)

19. Some things to consider
Some recommendations are implemented
Super agency
Could be more efficient
Could create a simplified permit process – regional permit advocates?
Might reduce organizational silos
Many laws/rules would need revision
In some agencies, water is a component of a larger mission (Health and agriculture, for example)
Some agencies are constrained by delegated federal authority – complicated and potential loss of federal funds?
Wisconsin DNR is an example – regional silos

20. Discussion and next steps
If bills are not passed, this could be a topic for LWC review and recommendations
discussion

21. Closing thoughts Proposed field tour with cwc, lccmr, lsohc – summer
Spring flood update
Next meeting: ?
Thanks!