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HF 5021

Acceptance of best evidence to determine subsurface sewage treatment system compliance required.

2025-2026 Regular Session Introduced by Josiah Hill and 1 co-sponsor

The bill requires using the best available, under-two-year evidence to determine STS compliance, prioritizing lab tests and other modern data over older indicators.

Introduction and first reading, referred to Environment and Natural Resources Finance and Policy
#environment #sewersandsepticsystems
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Bill Summary · HF 5021

Summary of HF 5021 (2025-2026) — Acceptance of Best Evidence to Determine Subsurface Sewage Treatment System Compliance

Purpose and intent

  • The bill amends Minnesota Statutes to clarify and formalize how agencies, local governments, and inspectors determine whether a subsurface sewage treatment system (STS) meets applicable requirements.
  • It mandates the use of “best evidence” for detecting sewage contaminants in groundwater when assessing STS compliance.

Key provisions

New subdivision: Subd. 14. Best evidence of compliance

  • When determining if an STS meets applicable requirements, the agency, local units of government, and inspectors must use the best available evidence to indicate the presence (or absence) of sewage contaminants in groundwater.
  • “Best evidence” is defined as results that are less than two years old from any of the following testing methods/sources, listed in priority order:
    1. A measurement of groundwater contaminants by a laboratory accredited by the Department of Health.
    2. Continuous, uncompressed probe-measured depth below the drain field base media to the groundwater table.
    3. Data from the National Groundwater Monitoring Network, a watershed district, or historical depth-to-groundwater information from either the network or a watershed district.
    4. Empirical field measurements of depth to mottled soil.
    5. Depth to mottled soil with redoximetric features based on Munsell soil color charts.
  • Priority is given to the items in the order listed, with older methods appearing lower in priority.

Timing and notices

  • Acceptable age of evidence: Results used as best evidence must be less than two years old.
  • If an owner or lessee offers to submit results from any of the listed methods/sources, the agency/local government/inspector must accept those results if they are under two years old.
  • Right-to-notice: Before issuing a notice of noncompliance, the agency/local government/inspector must notify the owner/lessee of their rights under this subdivision at least 90 days prior.

Affected entities and scope

  • State agencies (e.g., Minnesota agencies implementing environmental and public health regulations).
  • Local units of government (cities, counties, watershed districts) and inspectors who determine STS compliance.
  • Property owners or lessees with subsurface sewage treatment systems undergoing compliance evaluation.

Procedural and timeline considerations

  • Effective standard: Introduces a formal “best evidence” framework with a clear priority order for evidence sources and methods.
  • Evidence aging: Sets a two-year maximum age for evidence used under this framework.
  • Notification window: Requires at least 90 days’ notice to the owner/lessee before a noncompliance action or notice is issued, giving potential resolution or submission of acceptable evidence.
  • Administrative process: The subdivision would operate within the existing statutory structure of Section 115.55, adding a new subdivision (Subd. 14) to guide determinations of compliance.

Practical impact

  • Eliminates or reduces reliance on older or less-direct indicators of groundwater conditions when assessing STS compliance, prioritizing modern, verifiable data (e.g., DOH-accredited lab tests) when available.
  • Provides a structured path for accepting third-party or alternative evidence from property owners, potentially expediting compliance determinations.
  • Enhances transparency by requiring advance notice of noncompliance decisions, potentially giving owners time to arrange compliant evidence submissions.

Legislative status

  • House: HF 5021 introduced in 2025-2026 session.
  • First reading and referred to the Committee on Environment and Natural Resources Finance and Policy (04/20/2026).
  • Sponsored by Representatives Hill and Mekeland (co-sponsors listed).

Compiled from official sources — confirm details with the bill’s official record.

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