HF 2084

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:58am

A bill for an act
relating to natural resources; reorganizing, consolidating, and restructuring
state environment and natural resource agencies and departments; establishing
Environment and Natural Resources Structure Committee to advise legislature
and governor on new structure; abolishing all powers and duties of Pollution
Control Agency, Department of Natural Resources, Environmental Quality
Board, Board of Water and Soil Resources, Petroleum Tank Release
Compensation Board, and Agricultural Chemical Response Compensation
Board; abolishing certain powers and duties of Departments of Agriculture,
Health, Public Safety, and Commerce.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES ORGANIZATION
ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Environment and Natural Resources
Organization Advisory Committee of 18 members is created to advise the legislature
and governor on an organization for state agencies and local governments to administer
environment and natural resource policies. The advisory committee shall consist of:
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new text begin (1) six public members appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
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new text begin (2) six public members appointed by the speaker of the house; and
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new text begin (3) six public members appointed by the governor.
new text end

new text begin The appointing authorities shall consider geographic balance in making the
appointments. The senate appointments must include a representative of city government.
The house of representatives appointments must include a representative from county
government. The governor's appointments must include one representing soil and water
conservation districts and one representing watershed districts. All appointments to the
advisory committee shall have experience or expertise in the science, policy, or practice of
the protection, conservation, preservation, and enhancement of the state's environment
and natural resources and have strong knowledge in the state's environment and natural
resource issues around the state. All appointments shall be made by August 15, 2009.
new text end

new text begin (b) Public members of the advisory committee and task forces of the advisory
committee are entitled to reimbursement for per diem expenses, plus travel expenses
incurred in the services of the advisory committee, as provided in Minnesota Statutes,
section 15.059.
new text end

new text begin (c) Members shall elect a chair. The chair shall preside and convene meetings as
often as necessary to conduct duties prescribed by this section. Meetings of the advisory
committee shall be held in all regions of the state.
new text end

new text begin (d) The Department of Administration shall provide for administration to the
advisory committee. The commissioner of administration shall call the first organizational
meeting of the advisory committee by September 1, 2009.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The advisory committee shall recommend a structure to provide an
efficient and effective organization for state agencies and local governments to administer
environment and natural resource policies. In making its recommendations, the advisory
committee shall consider structures of organization that will accomplish:
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new text begin (1) a reduction in administrative personnel;
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new text begin (2) accountability to the public;
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new text begin (3) consolidation of project-permitting functions;
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new text begin (4) professionalism in the provision of services;
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new text begin (5) reduced political influence in the process;
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new text begin (6) enhancing public participation and interaction with the public;
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new text begin (7) alignment of services to meet current and expected future needs;
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new text begin (8) utilization of new technology;
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new text begin (9) providing assistance to businesses that will create and maintain jobs for the
green economy; and
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new text begin (10) a reduction in overall personnel needed that will be accomplished through
attrition.
new text end

new text begin Subd. 3. new text end

new text begin Public meetings. new text end

new text begin Meetings of the advisory committee and task forces of
the advisory committee must be open to the public. For purposes of this subdivision, a
meeting occurs when a quorum is present and action is taken regarding a matter within
the jurisdiction of the advisory committee and task forces of the advisory committee.
Enforcement of this subdivision is governed by Minnesota Statutes, section 13D.06,
subdivisions 1 and 2.
new text end

new text begin Subd. 4. new text end

new text begin Intergovernmental task force. new text end

new text begin By October 15, 2009, the advisory
committee shall establish a task force to assist in coordinating state and local
environmental and natural resource programs and requirements. The membership of the
task force must include equal and broad representation of state and local government
units. By June 15, 2010, the task force shall provide a report to the advisory committee
on recommendations for coordinating, streamlining, and consolidating state and local
programs, requirements, and functions relating to natural resources and the environment.
new text end

new text begin Subd. 5. new text end

new text begin Employee participation task force. new text end

new text begin By October 15, 2009, the advisory
committee shall establish a task force to identify employer and employee issues that will
need to be considered in a reorganization of state agencies responsible for administering
environment and natural resource policies. The task force must include representatives
from both management and nonmanagement personnel from each agency affected under
sections 2 to 4. By June 15, 2010, the task force shall provide a report to the advisory
committee on employee issues to consider in reorganizing state environment and natural
resource agencies.
new text end

new text begin Subd. 6. new text end

new text begin Advisory committee report. new text end

new text begin The advisory committee shall prepare
a report on its recommendations for an efficient and effective organization for state
agencies and local governments to administer environment and natural resource policies.
By August 15, 2010, the report must be submitted to the governor and to the house of
representatives and senate environment, natural resources, and agricultural policy and
finance committees and divisions.
new text end

new text begin Subd. 7. new text end

new text begin Sunset. new text end

new text begin The advisory committee and all task forces expire on September
1, 2010.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin ABOLITION OF AGENCIES.
new text end

new text begin The Department of Natural Resources, the Board of Water and Soil Resources, and
the Pollution Control Agency are abolished.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on June 30, 2011.
new text end

Sec. 3. new text begin POWERS AND DUTIES FROM OTHER AGENCIES.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Agriculture. new text end

new text begin The following powers and duties of the
Department of Agriculture are abolished:
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new text begin (1) regulation of fertilizers, soil amendments, agricultural liming, and plant
amendments under Minnesota Statutes, chapter 18C;
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new text begin (2) pesticide control under Minnesota Statutes, chapter 18B;
new text end

new text begin (3) agriculture chemical incident response and cleanup under Minnesota Statutes,
chapter 18D;
new text end

new text begin (4) chemical incident reimbursement under Minnesota Statutes, chapter 18E;
new text end

new text begin (5) genetically engineered organisms under Minnesota Statutes, chapter 18F;
new text end

new text begin (6) urban forest promotion under Minnesota Statutes, section 17.86;
new text end

new text begin (7) groundwater protection under Minnesota Statutes, chapter 103H; and
new text end

new text begin (8) oil and hazardous substance discharge preparedness under Minnesota Statutes,
chapter 115E.
new text end

new text begin Subd. 2. new text end

new text begin Department of Health. new text end

new text begin The following powers and duties of the
Department of Health are abolished:
new text end

new text begin (1) water well program under Minnesota Statutes, chapter 103I;
new text end

new text begin (2) safe drinking water program under Minnesota Statutes, sections 144.381 to
144.387;
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new text begin (3) health risk assessment under Minnesota Statutes, section 115B.17, subdivision
10;
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new text begin (4) domestic water supply protection under Minnesota Statutes, sections 144.35
to 144.37;
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new text begin (5) asbestos contractor licensing under Minnesota Statutes, sections 326.70 to
326.81;
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new text begin (6) public health laboratory regulation under Minnesota Statutes, sections 144.97
to 144.98;
new text end

new text begin (7) lead poisoning prevention under Minnesota Statutes, sections 144.9501 to
144.9512;
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new text begin (8) hazardous substance exposure under Minnesota Statutes, section 145.94;
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new text begin (9) mosquito research under Minnesota Statutes, section 144.95;
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new text begin (10) environmental health tracking under Minnesota Statutes, sections 144.995 to
144.998;
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new text begin (11) water supply monitoring and health assessments under Minnesota Statutes,
section 116.155; and
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new text begin (12) health risk limits under Minnesota Statutes, section 103H.201.
new text end

new text begin Subd. 3. new text end

new text begin Department of Commerce. new text end

new text begin The following powers and duties of the
Department of Commerce are abolished: energy planning and conservation under
Minnesota Statutes, chapter 216C.
new text end

new text begin Subd. 4. new text end

new text begin Department of Transportation. new text end

new text begin The following powers and duties of
the Department of Transportation are abolished: oil and hazardous substance discharge
preparedness under Minnesota Statutes, chapter 115E.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2011.
new text end

Sec. 4. new text begin ABOLITION OF BOARDS.
new text end

new text begin The Environmental Quality Board, the Harmful Substances Compensation Board,
the Petroleum Tank Release Compensation Board, and the Agricultural Chemical
Response Board are abolished.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2011.
new text end