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Legislative Water Commission Meeting - April 1, 2019

The Legislative Water Commission Meeting on April 1, 2019, includes updates on Section 404 Assumption, proposed changes to specific conductance standard, and other introduced water legislation. The meeting also discusses scheduling meetings during the session and adjournment.

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Legislative Water Commission Meeting - April 1, 2019

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  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 draheimgop Madison lake • Senator chriseatondfl district 40 Brooklyn center • Senator kentekendfl district 4 twin valley • Representative peter fischerdfl 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 postongop district 9a lake shore • Representative paul Torkelson gop district 16b hanska • Senator bill weber gop district 22 luverne • Senator chuck wigerdfl district 43 Maplewood

  4. Minnesota rural water association Lori blair presenting

  5. Update: section 404 assumption clean water actAdapted 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 standardspecific 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 • 2008-2012 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!

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