New rules add burden

Officials from several municipalities told the House Health and Human Services Reform Committee Feb. 23 that rules enacted in 2009 for testing wastewater treatment facilities leave a heavy administrative burden on certain laboratories.

Sponsored by Rep. King Banaian (R-St. Cloud), HF367 would exempt municipal environmental laboratories that test samples for their own permit compliance from the recently enacted rule changes. Approved by the committee, it now goes to the House Health and Human Services Finance Committee.

A companion, SF162, sponsored by Sen. John Pederson (R-St. Cloud), awaits action by the Senate Health and Human Services Committee.

The rules require municipal labs to meet federal standards established by the National Environmental Laboratories Accreditation Conference.

Banaian said this has resulted in “unfunded mandates” on cities and counties by requiring additional administrative work without furthering the standards of water quality.

Melrose Water and Wastewater Supervisor Scott Gilbertson said the changes have required his lab to increase staff costs.

John Linc Stine, assistant commissioner for health protection at the Department of Health, said while they have no official stance on the legislation, they enacted the rule changes “largely because the direction the rest of the country was heading.” The Environmental Protection Agency requires the federal standards for results and 14 other states use it as the basis for their sample evaluations, he added.

Stine acknowledged that some labs might have a heavier administrative burden up front when switching to the new standards, but this would lessen after accreditation is established.

Representing the Coalition for Greater Minnesota Cities, Elizabeth Wefel said the state should enact a tiered system of standards depending on the size of labs, like other states do.

Stine said the department is open to discussing these changes as the bill moves forward.