1.1.................... moves to amend H.F. No. 182 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1.
WATER RULEMAKING MORATORIUM.
1.4(a) For purposes of this section, "agency" means the Pollution Control Agency,
1.5Department of Natural Resources, Board of Water and Soil Resources, Environmental
1.6Quality Board, Department of Agriculture, and Department of Health.
1.7(b) Unless required by federal law or rule, no agency shall adopt rules related to
1.8water quality or water resource protection during the period beginning July 1, 2011,
1.9and ending June 30, 2012.
1.10(c) Unless the rule is under judicial challenge, this section does not apply to:
1.11(1) proposed rules listed in a notice of intent to adopt rules published under
1.12Minnesota Statutes, chapter 14, before July 1, 2011;
1.13(2) rules required by law for which rulemaking was to begin by January 15, 2010;
1.14(3) emergency rules authorized by statute;
1.15(4) rules adopted or amended under Minnesota Statutes, section 14.386; and
1.16(5) rules proposed under Minnesota Statutes, section 14.388, subject to approval
1.17of the Office of Administrative Hearings.
1.18 Sec. 2.
EVALUATION REQUIRED.
1.19(a) The commissioner of administration shall evaluate state and local water-related
1.20programs, policies, and permits to make recommendations for cost savings, increased
1.21productivity, and the elimination of duplication among public agencies.
1.22(b) The evaluation must:
1.23(1) identify current rules relating to surface and groundwater, including those related
1.24to storm water, residential, industrial, and agricultural use, shorelands, floodplains, wild
1.25and scenic rivers, wetlands, feedlots, and subsurface sewage treatment systems, and for
1.26each rule specify:
2.1(i) the statutory authority;
2.2(ii) intended outcomes;
2.3(iii) the cost to state and local government and the private sector; and
2.4(iv) the relationship of the rule to other local, state, and federal rules;
2.5(2) assess the pros and cons of alternative approaches to implementing water-related
2.6programs, policies, and permits, including local, state, and regional-based approaches;
2.7(3) identify inconsistencies and redundancy between local, state, and federal rules;
2.8(4) identify means to coordinate rulemaking and implementation so as to achieve
2.9intended outcomes more effectively and efficiently;
2.10(5) identify a rule assessment and evaluation process for determining whether each
2.11identified rule should be continued or repealed;
2.12(6) rely on scientific, peer-reviewed data, including the studies of the National
2.13Academy of Sciences;
2.14(7) evaluate current responsibilities of the Pollution Control Agency, Department of
2.15Natural Resources, Board of Water and Soil Resources, Environmental Quality Board,
2.16Department of Agriculture, and Department of Health for developing and implementing
2.17water-related programs, policies, and permits and make recommendations for reallocating
2.18responsibilities among the agencies; and
2.19(8) assess the current role of the clean water fund in supporting water-related
2.20programs and policies and make recommendations for allocating resources among the
2.21agencies that collaborate and partner in spending the clean water fund consistent with
2.22the other recommendations of the study.
2.23(c) The commissioner of administration must submit the study results and make
2.24recommendations to agencies listed under paragraph (a) and to the chairs and ranking
2.25minority party members of the senate and house of representatives committees having
2.26primary jurisdiction over environment and natural resources policy and finance no later
2.27than January 15, 2012."