Bill Text: MN HF1176 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Clean Water Council eliminated and duties reassigned.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-14 - Author stricken Bernardy [HF1176 Detail]
Download: Minnesota-2013-HF1176-Introduced.html
1.2relating to water; eliminating the Clean Water Council and reassigning duties;
1.3amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 97A.056,
1.4subdivision 3; 114D.20, subdivision 5; repealing Minnesota Statutes 2012,
1.5sections 114D.15, subdivision 3; 114D.20, subdivisions 6, 7; 114D.30.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
1.8 Subd. 35. Public official. "Public official" means any:
1.9 (1) member of the legislature;
1.10 (2) individual employed by the legislature as secretary of the senate, legislative
1.11auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
1.12legislative analyst, or attorney in the Office of Senate Counsel and Research or House
1.13Research;
1.14 (3) constitutional officer in the executive branch and the officer's chief administrative
1.15deputy;
1.16 (4) solicitor general or deputy, assistant, or special assistant attorney general;
1.17 (5) commissioner, deputy commissioner, or assistant commissioner of any state
1.18department or agency as listed in section15.01 or
15.06 , or the state chief information
1.19officer;
1.20 (6) member, chief administrative officer, or deputy chief administrative officer of a
1.21state board or commission that has either the power to adopt, amend, or repeal rules under
1.22chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
1.23 (7) individual employed in the executive branch who is authorized to adopt, amend,
1.24or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
1.25 (8) executive director of the State Board of Investment;
2.1 (9) deputy of any official listed in clauses (7) and (8);
2.2 (10) judge of the Workers' Compensation Court of Appeals;
2.3 (11) administrative law judge or compensation judge in the State Office of
2.4Administrative Hearings or unemployment law judge in the Department of Employment
2.5and Economic Development;
2.6 (12) member, regional administrator, division director, general counsel, or operations
2.7manager of the Metropolitan Council;
2.8 (13) member or chief administrator of a metropolitan agency;
2.9 (14) director of the Division of Alcohol and Gambling Enforcement in the
2.10Department of Public Safety;
2.11 (15) member or executive director of the Higher Education Facilities Authority;
2.12 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
2.13 (17) member of the board of directors or executive director of the Minnesota State
2.14High School League;
2.15 (18) member of the Minnesota Ballpark Authority established in section473.755 ;
2.16 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
2.17 (20) manager of a watershed district, or member of a watershed management
2.18organization as defined under section103B.205, subdivision 13 ;
2.19 (21) supervisor of a soil and water conservation district;
2.20(22) director of Explore Minnesota Tourism;
2.21 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
2.22section 97A.056; or
2.23(24) citizen member of the Clean Water Council established in section
114D.30; or
2.24(25) (24) member or chief executive of the Minnesota Sports Facilities Authority
2.25established in section473J.07 .
2.26 Sec. 2. Minnesota Statutes 2012, section 97A.056, subdivision 3, is amended to read:
2.27 Subd. 3. Council recommendations. (a) The council shall make recommendations
2.28to the legislature on appropriations of money from the outdoor heritage fund that are
2.29consistent with the Constitution and state law and that will achieve the outcomes of
2.30existing natural resource plans, including, but not limited to, the Minnesota Statewide
2.31Conservation and Preservation Plan, that directly relate to the restoration, protection, and
2.32enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and
2.33that prevent forest fragmentation, encourage forest consolidation, and expand restored
2.34native prairie. In making recommendations, the council shall consider a range of options
2.35that would best restore, protect, and enhance wetlands, prairies, forests, and habitat for
3.1fish, game, and wildlife. The council's recommendations shall be submitted no later than
3.2January 15 each year. The council shall present its recommendations to the senate and
3.3house of representatives committees with jurisdiction over the environment and natural
3.4resources budget by February 15 in odd-numbered years, and within the first four weeks
3.5of the legislative session in even-numbered years. The council's budget recommendations
3.6to the legislature shall be separate from the Department of Natural Resource's budget
3.7recommendations.
3.8 (b) To encourage and support local conservation efforts, the council shall establish a
3.9conservation partners program. Local, regional, state, or national organizations may apply
3.10for matching grants for restoration, protection, and enhancement of wetlands, prairies,
3.11forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
3.12encouragement of forest consolidation, and expansion of restored native prairie.
3.13(c) The council may work with the Clean Water Council to identify projects that
3.14are consistent with both the purpose of the outdoor heritage fund and the purpose of
3.15the clean water fund.
3.16(d) (c) The council may make recommendations to the Legislative-Citizen
3.17Commission on Minnesota Resources on scientific research that will assist in restoring,
3.18protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
3.19wildlife, preventing forest fragmentation, encouraging forest consolidation, and expanding
3.20restored native prairie.
3.21(e) (d) Recommendations of the council, including approval of recommendations
3.22for the outdoor heritage fund, require an affirmative vote of at least nine members of
3.23the council.
3.24(f) (e) The council may work with the Clean Water Council, the Legislative-Citizen
3.25Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
3.26water conservation districts, and experts from Minnesota State Colleges and Universities
3.27and the University of Minnesota in developing the council's recommendations.
3.28(g) (f) The council shall develop and implement a process that ensures that citizens
3.29and potential recipients of funds are included throughout the process, including the
3.30development and finalization of the council's recommendations. The process must include
3.31a fair, equitable, and thorough process for reviewing requests for funding and a clear and
3.32easily understood process for ranking projects.
3.33(h) (g) The council shall use the regions of the state based upon the ecological
3.34sections and subsections developed by the Department of Natural Resources and establish
3.35objectives for each region and subregion to achieve the purposes of the fund outlined
3.36in the state constitution.
4.1(i) (h) The council shall develop and submit to the Legislative Coordinating
4.2Commission plans for the first ten years of funding, and a framework for 25 years of
4.3funding, consistent with statutory and constitutional requirements. The council may use
4.4existing plans from other legislative, state, and federal sources, as applicable.
4.5 Sec. 3. Minnesota Statutes 2012, section 114D.20, subdivision 5, is amended to read:
4.6 Subd. 5. Priorities for preparation of TMDL's. TheClean Water Council
4.7 commissioners of natural resources, agriculture, health, and the Pollution Control
4.8Agency and the executive director of the Board of Water and Soil Resources shall jointly
4.9recommend priorities for scheduling and preparing TMDL's and TMDL implementation
4.10plans, taking into account the severity of the impairment, the designated uses of those
4.11waters, and other applicable federal TMDL requirements. In recommending priorities,
4.12thecouncil commissioners and executive director shall also give consideration to waters
4.13and watersheds:
4.14(1) with impairments that pose the greatest potential risk to human health;
4.15(2) with impairments that pose the greatest potential risk to threatened or endangered
4.16species;
4.17(3) with impairments that pose the greatest potential risk to aquatic health;
4.18(4) where other public agencies and participating organizations and individuals,
4.19especially local, basinwide, watershed, or regional agencies or organizations, have
4.20demonstrated readiness to assist in carrying out the responsibilities, including availability
4.21and organization of human, technical, and financial resources necessary to undertake
4.22the work; and
4.23(5) where there is demonstrated coordination and cooperation among cities,
4.24counties, watershed districts, and soil and water conservation districts in planning and
4.25implementation of activities that will assist in carrying out the responsibilities.
4.26 Sec. 4. REPEALER.
4.27Minnesota Statutes 2012, sections 114D.15, subdivision 3; 114D.20, subdivisions 6
4.28and 7; and 114D.30, are repealed.
1.3amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 97A.056,
1.4subdivision 3; 114D.20, subdivision 5; repealing Minnesota Statutes 2012,
1.5sections 114D.15, subdivision 3; 114D.20, subdivisions 6, 7; 114D.30.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
1.8 Subd. 35. Public official. "Public official" means any:
1.9 (1) member of the legislature;
1.10 (2) individual employed by the legislature as secretary of the senate, legislative
1.11auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
1.12legislative analyst, or attorney in the Office of Senate Counsel and Research or House
1.13Research;
1.14 (3) constitutional officer in the executive branch and the officer's chief administrative
1.15deputy;
1.16 (4) solicitor general or deputy, assistant, or special assistant attorney general;
1.17 (5) commissioner, deputy commissioner, or assistant commissioner of any state
1.18department or agency as listed in section
1.19officer;
1.20 (6) member, chief administrative officer, or deputy chief administrative officer of a
1.21state board or commission that has either the power to adopt, amend, or repeal rules under
1.22chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
1.23 (7) individual employed in the executive branch who is authorized to adopt, amend,
1.24or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
1.25 (8) executive director of the State Board of Investment;
2.1 (9) deputy of any official listed in clauses (7) and (8);
2.2 (10) judge of the Workers' Compensation Court of Appeals;
2.3 (11) administrative law judge or compensation judge in the State Office of
2.4Administrative Hearings or unemployment law judge in the Department of Employment
2.5and Economic Development;
2.6 (12) member, regional administrator, division director, general counsel, or operations
2.7manager of the Metropolitan Council;
2.8 (13) member or chief administrator of a metropolitan agency;
2.9 (14) director of the Division of Alcohol and Gambling Enforcement in the
2.10Department of Public Safety;
2.11 (15) member or executive director of the Higher Education Facilities Authority;
2.12 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
2.13 (17) member of the board of directors or executive director of the Minnesota State
2.14High School League;
2.15 (18) member of the Minnesota Ballpark Authority established in section
2.16 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
2.17 (20) manager of a watershed district, or member of a watershed management
2.18organization as defined under section
2.19 (21) supervisor of a soil and water conservation district;
2.20(22) director of Explore Minnesota Tourism;
2.21 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
2.22section 97A.056; or
2.23
2.24
2.25established in section
2.26 Sec. 2. Minnesota Statutes 2012, section 97A.056, subdivision 3, is amended to read:
2.27 Subd. 3. Council recommendations. (a) The council shall make recommendations
2.28to the legislature on appropriations of money from the outdoor heritage fund that are
2.29consistent with the Constitution and state law and that will achieve the outcomes of
2.30existing natural resource plans, including, but not limited to, the Minnesota Statewide
2.31Conservation and Preservation Plan, that directly relate to the restoration, protection, and
2.32enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and
2.33that prevent forest fragmentation, encourage forest consolidation, and expand restored
2.34native prairie. In making recommendations, the council shall consider a range of options
2.35that would best restore, protect, and enhance wetlands, prairies, forests, and habitat for
3.1fish, game, and wildlife. The council's recommendations shall be submitted no later than
3.2January 15 each year. The council shall present its recommendations to the senate and
3.3house of representatives committees with jurisdiction over the environment and natural
3.4resources budget by February 15 in odd-numbered years, and within the first four weeks
3.5of the legislative session in even-numbered years. The council's budget recommendations
3.6to the legislature shall be separate from the Department of Natural Resource's budget
3.7recommendations.
3.8 (b) To encourage and support local conservation efforts, the council shall establish a
3.9conservation partners program. Local, regional, state, or national organizations may apply
3.10for matching grants for restoration, protection, and enhancement of wetlands, prairies,
3.11forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
3.12encouragement of forest consolidation, and expansion of restored native prairie.
3.13
3.14
3.15
3.16
3.17Commission on Minnesota Resources on scientific research that will assist in restoring,
3.18protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
3.19wildlife, preventing forest fragmentation, encouraging forest consolidation, and expanding
3.20restored native prairie.
3.21
3.22for the outdoor heritage fund, require an affirmative vote of at least nine members of
3.23the council.
3.24
3.25Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
3.26water conservation districts, and experts from Minnesota State Colleges and Universities
3.27and the University of Minnesota in developing the council's recommendations.
3.28
3.29and potential recipients of funds are included throughout the process, including the
3.30development and finalization of the council's recommendations. The process must include
3.31a fair, equitable, and thorough process for reviewing requests for funding and a clear and
3.32easily understood process for ranking projects.
3.33
3.34sections and subsections developed by the Department of Natural Resources and establish
3.35objectives for each region and subregion to achieve the purposes of the fund outlined
3.36in the state constitution.
4.1
4.2Commission plans for the first ten years of funding, and a framework for 25 years of
4.3funding, consistent with statutory and constitutional requirements. The council may use
4.4existing plans from other legislative, state, and federal sources, as applicable.
4.5 Sec. 3. Minnesota Statutes 2012, section 114D.20, subdivision 5, is amended to read:
4.6 Subd. 5. Priorities for preparation of TMDL's. The
4.7 commissioners of natural resources, agriculture, health, and the Pollution Control
4.8Agency and the executive director of the Board of Water and Soil Resources shall jointly
4.9recommend priorities for scheduling and preparing TMDL's and TMDL implementation
4.10plans, taking into account the severity of the impairment, the designated uses of those
4.11waters, and other applicable federal TMDL requirements. In recommending priorities,
4.12the
4.13and watersheds:
4.14(1) with impairments that pose the greatest potential risk to human health;
4.15(2) with impairments that pose the greatest potential risk to threatened or endangered
4.16species;
4.17(3) with impairments that pose the greatest potential risk to aquatic health;
4.18(4) where other public agencies and participating organizations and individuals,
4.19especially local, basinwide, watershed, or regional agencies or organizations, have
4.20demonstrated readiness to assist in carrying out the responsibilities, including availability
4.21and organization of human, technical, and financial resources necessary to undertake
4.22the work; and
4.23(5) where there is demonstrated coordination and cooperation among cities,
4.24counties, watershed districts, and soil and water conservation districts in planning and
4.25implementation of activities that will assist in carrying out the responsibilities.
4.26 Sec. 4. REPEALER.
4.27Minnesota Statutes 2012, sections 114D.15, subdivision 3; 114D.20, subdivisions 6
4.28and 7; and 114D.30, are repealed.
