HF 1176

as introduced - 88th Legislature (2013 - 2014) Posted on 05/14/2014 10:14am

A bill for an act
relating to water; eliminating the Clean Water Council and reassigning duties;
amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 97A.056,
subdivision 3; 114D.20, subdivision 5; repealing Minnesota Statutes 2012,
sections 114D.15, subdivision 3; 114D.20, subdivisions 6, 7; 114D.30.

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

Section 1.

Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State
High School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism;

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
section 97A.056; new text begin or
new text end

deleted text begin (24) citizen member of the Clean Water Council established in section 114D.30; or
deleted text end

deleted text begin (25) deleted text end new text begin (24) new text end member or chief executive of the Minnesota Sports Facilities Authority
established in section 473J.07.

Sec. 2.

Minnesota Statutes 2012, section 97A.056, subdivision 3, is amended to read:

Subd. 3.

Council recommendations.

(a) The council shall make recommendations
to the legislature on appropriations of money from the outdoor heritage fund that are
consistent with the Constitution and state law and that will achieve the outcomes of
existing natural resource plans, including, but not limited to, the Minnesota Statewide
Conservation and Preservation Plan, that directly relate to the restoration, protection, and
enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and
that prevent forest fragmentation, encourage forest consolidation, and expand restored
native prairie. In making recommendations, the council shall consider a range of options
that would best restore, protect, and enhance wetlands, prairies, forests, and habitat for
fish, game, and wildlife. The council's recommendations shall be submitted no later than
January 15 each year. The council shall present its recommendations to the senate and
house of representatives committees with jurisdiction over the environment and natural
resources budget by February 15 in odd-numbered years, and within the first four weeks
of the legislative session in even-numbered years. The council's budget recommendations
to the legislature shall be separate from the Department of Natural Resource's budget
recommendations.

(b) To encourage and support local conservation efforts, the council shall establish a
conservation partners program. Local, regional, state, or national organizations may apply
for matching grants for restoration, protection, and enhancement of wetlands, prairies,
forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
encouragement of forest consolidation, and expansion of restored native prairie.

deleted text begin (c) The council may work with the Clean Water Council to identify projects that
are consistent with both the purpose of the outdoor heritage fund and the purpose of
the clean water fund.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The council may make recommendations to the Legislative-Citizen
Commission on Minnesota Resources on scientific research that will assist in restoring,
protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
wildlife, preventing forest fragmentation, encouraging forest consolidation, and expanding
restored native prairie.

deleted text begin (e) deleted text end new text begin (d) new text end Recommendations of the council, including approval of recommendations
for the outdoor heritage fund, require an affirmative vote of at least nine members of
the council.

deleted text begin (f) deleted text end new text begin (e) new text end The council may work with deleted text begin the Clean Water Council, deleted text end the Legislative-Citizen
Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
water conservation districts, and experts from Minnesota State Colleges and Universities
and the University of Minnesota in developing the council's recommendations.

deleted text begin (g) deleted text end new text begin (f) new text end The council shall develop and implement a process that ensures that citizens
and potential recipients of funds are included throughout the process, including the
development and finalization of the council's recommendations. The process must include
a fair, equitable, and thorough process for reviewing requests for funding and a clear and
easily understood process for ranking projects.

deleted text begin (h) deleted text end new text begin (g) new text end The council shall use the regions of the state based upon the ecological
sections and subsections developed by the Department of Natural Resources and establish
objectives for each region and subregion to achieve the purposes of the fund outlined
in the state constitution.

deleted text begin (i) deleted text end new text begin (h) new text end The council shall develop and submit to the Legislative Coordinating
Commission plans for the first ten years of funding, and a framework for 25 years of
funding, consistent with statutory and constitutional requirements. The council may use
existing plans from other legislative, state, and federal sources, as applicable.

Sec. 3.

Minnesota Statutes 2012, section 114D.20, subdivision 5, is amended to read:

Subd. 5.

Priorities for preparation of TMDL's.

The deleted text begin Clean Water Council
deleted text end new text begin commissioners of natural resources, agriculture, health, and the Pollution Control
Agency and the executive director of the Board of Water and Soil Resources new text end shall new text begin jointly
new text end recommend priorities for scheduling and preparing TMDL's and TMDL implementation
plans, taking into account the severity of the impairment, the designated uses of those
waters, and other applicable federal TMDL requirements. In recommending priorities,
the deleted text begin council deleted text end new text begin commissioners and executive director new text end shall also give consideration to waters
and watersheds:

(1) with impairments that pose the greatest potential risk to human health;

(2) with impairments that pose the greatest potential risk to threatened or endangered
species;

(3) with impairments that pose the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals,
especially local, basinwide, watershed, or regional agencies or organizations, have
demonstrated readiness to assist in carrying out the responsibilities, including availability
and organization of human, technical, and financial resources necessary to undertake
the work; and

(5) where there is demonstrated coordination and cooperation among cities,
counties, watershed districts, and soil and water conservation districts in planning and
implementation of activities that will assist in carrying out the responsibilities.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 114D.15, subdivision 3; 114D.20, subdivisions 6
and 7; and 114D.30, new text end new text begin are repealed.
new text end