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Committee hears bill to allow untreated stormwater for outdoor irrigation; agencies urge caution
Summary
Senate File 2442 would authorize certain public entities to use untreated rainwater or stormwater for outdoor, non‑immersive purposes; municipalities and MPCA raised health, treatment and local‑control concerns and the committee laid the bill over for further work.
Senate File 2442, which would allow state agencies and political subdivisions that establish water‑quality standards to permit untreated rainwater or stormwater for outdoor uses where the probability of human or animal immersion or consumption is "low to nonexistent," was heard by the Senate Environment, Climate and Legacy Committee on March 20.
Senator Weber, the bill's sponsor, said the measure is "a common sense piece of legislation" to reduce potable water use for irrigation and to advance low‑impact development practices. He cited state estimates that a large share of potable water use in warm months is for outdoor nonpotable purposes and described examples of projects that reuse stormwater, including large irrigation systems and green roofs.
Industry witnesses and irrigation professionals supported the bill. Tim Malluli, an irrigation contractor and MNLA volunteer, said on‑site stormwater reuse can process runoff while supplying irrigation needs and cited examples including Minneapolis park and sports facilities. Jeff Laterl, an irrigation distributor, noted existing reuse systems at the Minneapolis Sculpture Garden and other long‑running projects.
Municipal and public works interests raised objections. Randy Neaprash, staff for the Minnesota Cities Stormwater Coalition, said the bill as written "endangers public health" and removes local authority to require treatment for polluted stormwater; he emphasized exposure pathways including inhalation of sprayed water and called for safeguards and local discretion. Dana Vander Bosch, assistant commissioner at the Minnesota Pollution Control Agency, said untreated stormwater can carry microbes and chemicals and that agencies have an interagency work group that produced reports in 2018 and 2022 and are developing best practices; she said a statutory change is not necessary at this time and MPCA would provide technical assistance to the committee.
Supporters and some senators said the existing interagency work has been slow to produce actionable results and urged the committee to continue discussion and consider targeted amendments; opponents urged more time to develop guidance to protect public health.
Senators and agency witnesses agreed to further stakeholder work. The committee laid over Senate File 2442 for possible inclusion in omnibus environmental legislation and directed continued collaboration among the sponsor, MPCA, MDH and local governments.
