HF 5021

04/10/26   REVISOR  CKM/BH  26-08423
This Document can be made available
in alternative formats upon request  State of Minnesota
  HOUSE OF REPRESENTATIVES
  NINETY-FOURTH SESSION
  H. F. No.  5021
04/20/2026     Authored by Hill and Mekeland
  The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy
1.1A bill for an act
1.2relating to environment; requiring acceptance of best evidence to determine
1.3subsurface sewage treatment system compliance; amending Minnesota Statutes
1.42024, section 115.55, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6Section 1. Minnesota Statutes 2024, section 115.55, is amended by adding a subdivision
1.7to read:
1.8Subd. 14. Best evidence of compliance. (a) In determining whether a subsurface sewage
1.9treatment system meets applicable requirements, the agency, local units of government, and
1.10inspectors must use the best evidence that is available for the presence of sewage
1.11contaminants in groundwater. For purposes of this subdivision, "best evidence" means
1.12results that are less than two years old from any of the following testing methods and sources,
1.13with priority given in the order listed:
1.14(1) a measurement of groundwater contaminants by a laboratory accredited by the
1.15Department of Health;
1.16(2) continuous, uncompressed probe-measured depth below the drain field base media
1.17to the groundwater table;
1.18(3) the National Groundwater Monitoring Network, a watershed district, or historical
1.19depth-to-groundwater information of either the network or a watershed district;
1.20(4) empirical field measurements of depth to mottled soil; and
1.21(5) depth to mottled soil with redoximorphic features based on Munsell soil color charts.
1.22(b) The agency, local units of government, or inspector, as applicable, must:
Section 1.  1
      04/10/26   REVISOR  CKM/BH  26-08423
2.1     (1) accept results that are less than two years old from any of the testing methods and
2.2 sources under paragraph (a) when the owner or lessee of the property where a subsurface
2.3 sewage treatment system is located offers to submit the results; and
2.4     (2) notify a person of their rights under this subdivision at least 90 days before issuing
2.5 a notice of noncompliance.
      Section 1.  2