1.1.................... moves to amend H.F. No. 2543, the second engrossment, as follows:
1.2Page 7, delete section 5, and insert:

1.3    "Sec. 5. Minnesota Statutes 2012, section 115.03, subdivision 10, is amended to read:
1.4    Subd. 10. Nutrient Pollutant loading offset. (a) Prior to the completion of a
1.5total maximum daily load for an impaired water, The Pollution Control Agency may
1.6issue a permit for a new discharger or an expanding discharger if it results in decreased
1.7loading to an impaired water. Where a new discharger or an expanding existing discharger
1.8cannot effectively implement zero discharge options, the agency may issue a permit if
1.9the increased loading is offset by reductions or amend permits to authorize pollutant
1.10discharges to a receiving water and may authorize reductions in loading from other
1.11sources of loading to the impaired water, so that there is to the same receiving water, if
1.12together the changes achieve a net decrease in the pollutant loading of concern to the
1.13receiving water. A point source participating in a water quality offset authorized by this
1.14subdivision must have pollutant load reduction requirements for the traded pollutants
1.15based on water quality based effluent limits or wasteload allocations in place prior to the
1.16offset. The pollutant load reduction requirements in place prior to the offset must meet
1.17the requirements of this chapter and Minnesota Rules section 7050.0150, subpart 8, and
1.18sections 7053.0205 and 7053.0215 including, but not limited to, requirements related to
1.19pollutant form, spatial loading, and temporal loading. The agency must require significant
1.20offset ratios for offsets between permitted sources and non-permitted sources, and must
1.21demonstrate how non-permitted source offset credits make progress toward assuring
1.22attainment of water quality standards. The agreement of a source to participate in an
1.23offset shall be voluntary. The term "new discharger" is as defined in Code of Federal
1.24Regulations, title 40, section 122.2. The agency shall track the pollutant offsets or "trades"
1.25implemented under this subdivision.
1.26(b) The legislature intends this subdivision to confirm and clarify the authority of the
1.27Pollution Control Agency to issue the authorized permits under prior law. The subdivision
2.1must not be construed as a legislative interpretation within the meaning of section 645.16,
2.2clause (8), or otherwise as the legislature's intent that the agency did not have authority
2.3to issue such a permit under prior law."