HF 1360

as introduced - 87th Legislature (2011 - 2012) Posted on 04/04/2011 09:13am

A bill for an act
relating to environment; modifying the Environmental Quality Board and
eliminating and reassigning duties; amending Minnesota Statutes 2010, sections
17.114, subdivision 3; 18B.045; 18E.06; 103A.204; 103B.101, subdivision
9; 103B.151; 103B.315, subdivision 5; 103F.751; 103H.151, subdivision 4;
103H.175, subdivision 3; 115B.20, subdivision 6; 116C.24, subdivision 2;
116C.842, subdivisions 1a, 2a; 116C.91, subdivision 2; 116D.11, subdivisions
2, 3; 216C.052, subdivision 1; 216C.18, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 116D; repealing Minnesota Statutes
2010, sections 40A.122; 103A.403; 103A.43; 103F.614; 115A.32; 115A.33;
115A.34; 115A.35; 115A.36; 115A.37; 115A.38; 115A.39; 116C.02; 116C.03,
subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10,
11; 116C.06; 116C.08; 116C.71, subdivisions 1c, 2a; 116C.721; 116C.722;
116C.724, subdivisions 2, 3; 473H.15.

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

Section 1.

Minnesota Statutes 2010, section 17.114, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) The commissioner shall:

(1) establish a clearinghouse and provide information, appropriate educational
opportunities and other assistance to individuals, producers, and groups about sustainable
agricultural techniques, practices, and opportunities;

(2) survey producers and support services and organizations to determine
information and research needs in the area of sustainable agricultural practices;

(3) demonstrate the on-farm applicability of sustainable agriculture practices to
conditions in this state;

(4) coordinate the efforts of state agencies regarding activities relating to sustainable
agriculture;

(5) direct the programs of the department so as to work toward the sustainability of
agriculture in this state;

(6) inform agencies of how state or federal programs could utilize and support
sustainable agriculture practices;

(7) work closely with farmers, the University of Minnesota, and other appropriate
organizations to identify opportunities and needs as well as assure coordination and
avoid duplication of state agency efforts regarding research, teaching, and extension
work relating to sustainable agriculture;

(8) work cooperatively with local governments and others to strengthen the
connection between farmers who practice sustainable farming methods and urban, rural,
and suburban consumers, including, but not limited to, promoting local farmers' markets
and community-supported agriculture; and

(9) report to the deleted text begin Environmental Quality Board for review and then to the deleted text end house of
representatives and senate committees with jurisdiction over the environment, natural
resources, and agriculture every even-numbered year.

(b) The report under paragraph (a), clause (9), must include:

(1) the presentation and analysis of findings regarding the current status and trends
regarding the economic condition of producers; the status of soil and water resources
utilized by production agriculture; the magnitude of off-farm inputs used; and the amount
of nonrenewable resources used by Minnesota farmers;

(2) a description of current state or federal programs directed toward sustainable
agriculture including significant results and experiences of those programs;

(3) a description of specific actions the Department of Agriculture is taking in the
area of sustainable agriculture, including, but not limited to, specific actions to strengthen
the connection between sustainable farmers and consumers under paragraph (a), clause (8);

(4) a description of current and future research needs at all levels in the area of
sustainable agriculture; and

(5) suggestions for changes in existing programs or policies or enactment of new
programs or policies that will affect farm profitability, maintain soil and water quality,
reduce input costs, or lessen dependence upon nonrenewable resources.

Sec. 2.

Minnesota Statutes 2010, section 18B.045, is amended to read:

18B.045 PESTICIDE MANAGEMENT PLAN.

Subdivision 1.

Development.

The commissioner shall develop a pesticide
management plan for the prevention, evaluation, and mitigation of occurrences of
pesticides or pesticide breakdown products in groundwaters and surface waters of the
state. The pesticide management plan must include components promoting prevention,
developing appropriate responses to the detection of pesticides or pesticide breakdown
products in groundwater and surface waters, and providing responses to reduce or
eliminate continued pesticide movement to groundwater and surface water. By September
1 of each even-numbered year, the commissioner must submit a status report deleted text begin on the plan
to the Environmental Quality Board for review and then deleted text end to the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
agriculture.

Subd. 2.

Coordination.

The pesticide management plan shall be coordinated
and developed with other state agency plans and with other state agencies deleted text begin through the
Environmental Quality Board deleted text end . In addition, the University of Minnesota Extension Service,
farm organizations, farmers, environmental organizations, and industry shall be involved
in the pesticide management plan development.

Sec. 3.

Minnesota Statutes 2010, section 18E.06, is amended to read:

18E.06 REPORT.

By December 1 of each year, the Agricultural Chemical Response Compensation
Board and the commissioner shall submit to the house of representatives Committee on
Ways and Means, the senate Committee on Finance, new text begin and new text end the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
agriculture deleted text begin , and the Environmental Quality Board deleted text end a report detailing the board's activities
and reimbursements and the expenditures and activities associated with the commissioner's
incident response program for which money from the account has been spent during
the previous year.

Sec. 4.

Minnesota Statutes 2010, section 103A.204, is amended to read:

103A.204 GROUNDWATER POLICY.

(a) The responsibility for the protection of groundwater in Minnesota is vested
in a multiagency approach to management. The following is a list of agencies and the
groundwater protection areas for which the agencies are primarily responsible; the list is
not intended to restrict the areas of responsibility to only those specified:

(1) deleted text begin Environmental Quality Board deleted text end new text begin Clean Water Council new text end : coordination of state
groundwater protection programs;

(2) Pollution Control Agency: water quality monitoring and reporting and the
development of best management practices and regulatory mechanisms for protection of
groundwater from nonagricultural chemical contaminants;

(3) Department of Agriculture: sustainable agriculture, integrated pest management,
water quality monitoring, and the development of best management practices and
regulatory mechanisms for protection of groundwater from agricultural chemical
contaminants;

(4) Board of Water and Soil Resources: reporting on groundwater education and
outreach with local government officials, local water planning and management, and
local cost share programs;

(5) Department of Natural Resources: water quantity monitoring and regulation,
sensitivity mapping, and development of a plan for the use of integrated pest management
and sustainable agriculture on state-owned lands; and

(6) Department of Health: regulation of wells and borings, and the development of
health risk limits under section 103H.201.

(b) The deleted text begin Environmental Quality Board deleted text end new text begin Clean Water Council new text end shall prepare a report
on policy issues related to its responsibilities listed in paragraph (a), and include these
reports with deleted text begin the assessments in section 103A.43 and deleted text end the "Minnesota Water Plan" in
section 103B.151.

Sec. 5.

Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:

Subd. 9.

Powers and duties.

In addition to the powers and duties prescribed
elsewhere, the board shall:

(1) coordinate the water and soil resources planning activities of counties, soil and
water conservation districts, watershed districts, watershed management organizations,
and any other local units of government through its various authorities for approval of
local plans, administration of state grants, and by other means as may be appropriate;

(2) facilitate communication and coordination among state agencies deleted text begin in cooperation
with the Environmental Quality Board, deleted text end and between state and local units of government,
in order to make the expertise and resources of state agencies involved in water and soil
resources management available to the local units of government to the greatest extent
possible;

(3) coordinate state and local interests with respect to the study in southwestern
Minnesota under United States Code, title 16, section 1009;

(4) develop information and education programs designed to increase awareness
of local water and soil resources problems and awareness of opportunities for local
government involvement in preventing or solving them;

(5) provide a forum for the discussion of local issues and opportunities relating
to water and soil resources management;

(6) adopt an annual budget and work program that integrate the various functions
and responsibilities assigned to it by law; and

(7) report to the governor and the legislature by October 15 of each even-numbered
year with an assessment of board programs and recommendations for any program
changes and board membership changes necessary to improve state and local efforts
in water and soil resources management.

The board may accept grants, gifts, donations, or contributions in money, services,
materials, or otherwise from the United States, a state agency, or other source to achieve
an authorized purpose. The board may enter into a contract or agreement necessary or
appropriate to accomplish the transfer. The board may receive and expend money to
acquire conservation easements, as defined in chapter 84C, on behalf of the state and
federal government consistent with the Camp Ripley's Army Compatible Use Buffer
Project.

Any money received is hereby deposited in an account in a fund other than the
general fund and appropriated and dedicated for the purpose for which it is granted.

Sec. 6.

Minnesota Statutes 2010, section 103B.151, is amended to read:

103B.151 COORDINATION OF WATER RESOURCE PLANNING.

Subdivision 1.

Water planning.

The deleted text begin Environmental Quality Board deleted text end new text begin Clean Water
Council new text end shall:

(1) coordinate public water resource management and regulation activities among
the state agencies having jurisdiction in the area;

(2) coordinate comprehensive long-range water resources planning in furtherance of
the Environmental Quality Board's "Minnesota Water Plan," published in January 1991,
by deleted text begin September 15, 2000, and each ten-year interval afterwards deleted text end new text begin incorporating long-range
planning in the council's implementation plan required under section 114D.30, subdivision
5 new text end ;

(3) coordinate water planning activities of local, regional, and federal bodies with
state water planning and integrate these plans with state strategies;

(4) coordinate development of state water policy recommendations and priorities,
and a recommended program for funding identified needs, including priorities for
implementing the state water resources monitoring plan;

(5) administer federal water resources planning with multiagency interests;

(6) ensure that groundwater quality monitoring and related data is provided and
integrated into the Minnesota land management information system according to
published data compatibility guidelines. Costs of integrating the data in accordance with
data compatibility standards must be borne by the agency generating the data;

(7) coordinate the development and evaluation of water information and education
materials and resources; and

(8) coordinate the dissemination of water information and education through
existing delivery systems.

Subd. 2.

Governor's representative.

The deleted text begin Environmental Quality Board deleted text end new text begin
Clean Water Council new text end chair shall represent the governor on interstate water resources
organizations.

Sec. 7.

Minnesota Statutes 2010, section 103B.315, subdivision 5, is amended to read:

Subd. 5.

State review.

(a) After conducting the public hearing but before final
adoption, the county board must submit its local water management plan, all written
comments received on the plan, a record of the public hearing under subdivision 4,
and a summary of changes incorporated as a result of the review process to the board
for review. The board shall complete the review within 90 days after receiving a local
water management plan and supporting documents. The board shall consult with the
Departments of Agriculture, Health, and Natural Resources; the Pollution Control Agency;
deleted text begin the Environmental Quality Board; deleted text end and other appropriate state agencies during the review.

(b) The board may disapprove a local water management plan if the board
determines the plan is not consistent with state law. If a plan is disapproved, the board
shall provide a written statement of its reasons for disapproval. A disapproved local water
management plan must be revised by the county board and resubmitted for approval by the
board within 120 days after receiving notice of disapproval of the local water management
plan, unless the board extends the period for good cause.

(c) If the local government unit disagrees with the board's decision to disapprove
the plan, it may, within 60 days, initiate mediation through the board's informal dispute
resolution process as established pursuant to section 103B.345, subdivision 1. A local
government unit may appeal disapproval to the Court of Appeals. A decision of the board
on appeal is subject to judicial review under sections 14.63 to 14.69.

Sec. 8.

Minnesota Statutes 2010, section 103F.751, is amended to read:

103F.751 NONPOINT SOURCE POLLUTION CONTROL PLAN AND
PROGRAM EVALUATION.

To coordinate the programs and activities used to control nonpoint sources of
pollution to achieve the state's water quality goals, the agency shall:

(1) develop a state plan for the control of nonpoint source water pollution to meet
the requirements of the federal Clean Water Act;

(2) work through the deleted text begin Environmental Quality Board deleted text end new text begin Clean Water Council new text end to
coordinate the activities and programs of federal, state, and local agencies involved in
nonpoint source pollution control and, as appropriate, develop agreements with federal
and state agencies to accomplish the purposes and objectives of the state nonpoint source
pollution control plan; and

(3) evaluate the effectiveness of programs in achieving water quality goals
and recommend to the legislature, under section 3.195, subdivision 1, any necessary
amendments to sections 103F.701 to 103F.761.

Sec. 9.

Minnesota Statutes 2010, section 103H.151, subdivision 4, is amended to read:

Subd. 4.

Evaluation.

The commissioners of agriculture and the Pollution Control
Agency shall, through field audits and other appropriate means, monitor the use and
effectiveness of best management practices developed and promoted under this section.
The information collected must be submitted to the deleted text begin Environmental Quality Board, which
must include the information in the report required in section 103A.43, paragraph deleted text begin (d) deleted text end deleted text end new text begin
Clean Water Council new text end .

Sec. 10.

Minnesota Statutes 2010, section 103H.175, subdivision 3, is amended to read:

Subd. 3.

Report.

In each even-numbered year, the Pollution Control Agency, in
cooperation with other agencies participating in the monitoring of water resources, shall
provide a draft report on the status of groundwater monitoring to deleted text begin the Environmental
Quality Board for review and then to deleted text end the house of representatives and senate committees
with jurisdiction over the environment, natural resources, and agriculture as part of the
report in section 103A.204.

Sec. 11.

Minnesota Statutes 2010, section 115B.20, subdivision 6, is amended to read:

Subd. 6.

Report to legislature.

Each year, the commissioner of agriculture and
the agency shall submit to the senate Finance Committee, the house of representatives
Ways and Means Committee, the Environment and Natural Resources Committees of
the senate and house of representatives, the Finance Division of the senate Committee
on Environment and Natural Resources, and the house of representatives Committee
on Environment and Natural Resources Finance deleted text begin , and the Environmental Quality Board deleted text end
a report detailing the activities for which money has been spent pursuant to this section
during the previous fiscal year.

Sec. 12.

Minnesota Statutes 2010, section 116C.24, subdivision 2, is amended to read:

Subd. 2.

Board.

"Board" means the deleted text begin Minnesota deleted text end Environmental Quality Board new text begin
convened under section 116D.035 new text end .

Sec. 13.

Minnesota Statutes 2010, section 116C.842, subdivision 1a, is amended to
read:

Subd. 1a.

Facility Siting Policy Development Committee.

Following Minnesota's
designation as a host state by the Interstate Commission, and within 60 days after a
compact facility located in the host state immediately preceding Minnesota begins
operation, the governor shall, in consultation with the commissioner, establish and appoint
the membership of a Facility Siting Policy Development Committee. The committee shall
study the issues relevant to developing a facility and make recommendations concerning
appropriate facility siting criteria and development requirements. The committee shall
number no more than 12 voting members, at least eight of whom shall be individuals
with expertise in a range of scientific disciplines relevant to site development. The
committee shall include at least one representative each from local government and
generators of low-level radioactive waste, and two representatives from public interest
groups. In addition, deleted text begin the Environmental Quality Board, deleted text end the Minnesota Geological Survey,
the Departments of Natural Resources, Transportation, and Health, and the agency shall
have nonvoting membership on the committee and shall provide information and technical
assistance to the committee as needed. The committee shall report its findings and
recommendations to the governor and the legislature no later than one year following the
establishment of the committee.

Sec. 14.

Minnesota Statutes 2010, section 116C.842, subdivision 2a, is amended to
read:

Subd. 2a.

Administration.

The deleted text begin Environmental Quality Board deleted text end new text begin Pollution Control
Agency new text end shall provide administrative assistance to the committee.

Sec. 15.

Minnesota Statutes 2010, section 116C.91, subdivision 2, is amended to read:

Subd. 2.

Board.

"Board" means the Environmental Quality Board new text begin convened under
section 116D.035 new text end .

Sec. 16.

new text begin [116D.035] ENVIRONMENTAL QUALITY BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this chapter "board" means the
Environmental Quality Board convened under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Creation; rules. new text end

new text begin The Environmental Quality Board shall convene itself
as necessary to carry out the duties of the board required under subdivision 4. The
membership of the board is as follows:
new text end

new text begin (1) the commissioner of administration;
new text end

new text begin (2) the commissioner of commerce;
new text end

new text begin (3) the commissioner of the Pollution Control Agency;
new text end

new text begin (4) the commissioner of natural resources;
new text end

new text begin (5) the commissioner of agriculture;
new text end

new text begin (6) the commissioner of health;
new text end

new text begin (7) the commissioner of employment and economic development;
new text end

new text begin (8) the commissioner of transportation;
new text end

new text begin (9) the chair of the Board of Water and Soil Resources; and
new text end

new text begin (10) a representative of the governor's office designated by the governor.
new text end

new text begin Subd. 3. new text end

new text begin Chair. new text end

new text begin The representative of the governor's office shall serve as chair of
the board.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The Environmental Quality Board shall carry out the duties of the
board specified under this chapter, sections 116C.22 to 116C.34, and sections 116C.91 to
116C.97.
new text end

new text begin Subd. 5. new text end

new text begin Support. new text end

new text begin Consultant and administrative support services for board
activities and implementation and administration of the rules adopted by the board under
this chapter shall be provided by the Pollution Control Agency.
new text end

Sec. 17.

Minnesota Statutes 2010, section 116D.11, subdivision 2, is amended to read:

Subd. 2.

Primary responsibility.

The deleted text begin Environmental Quality Board deleted text end new text begin commissioner
of the Pollution Control Agency new text end shall have the primary responsibility for preparing the
energy and environmental strategy report of the state, as required by section 116D.10.
The deleted text begin board deleted text end new text begin commissioner new text end shall assemble all preliminary reports prepared pursuant to
subdivision 1 under a timetable established by the board and shall use the preliminary
reports in the preparation of the draft energy and environmental strategy report of the
state. Each department or agency designated by the governor to prepare a preliminary
strategy report shall submit a copy of the preliminary strategy report to the governor and
to the deleted text begin board deleted text end new text begin commissioner new text end at the same time.

Sec. 18.

Minnesota Statutes 2010, section 116D.11, subdivision 3, is amended to read:

Subd. 3.

Report to governor.

On or before October 1 of each odd-numbered year,
the deleted text begin Environmental Quality Board deleted text end new text begin commissioner of the Pollution Control Agency new text end shall
transmit to the governor a draft of the written report on the energy and environmental
strategy of the state. The governor may change the report and may request additional
information or data from any department or agency of the state responsible for issues
listed in section 116D.10, clause (1). Any such requested additional information or data
shall be prepared and submitted promptly to the governor.

Sec. 19.

Minnesota Statutes 2010, section 216C.052, subdivision 1, is amended to read:

Subdivision 1.

Responsibilities.

(a) There is established the position of reliability
administrator in the Department of Commerce. The administrator shall act as a source
of independent expertise and a technical advisor to the commissioner, the commission
and the public on issues related to the reliability of the electric system. In conducting its
work, the administrator shall provide assistance to the commissioner in administering and
implementing the department's duties under sections 216B.1612, 216B.1691, 216B.2422,
216B.2425, and 216B.243; chapters 216E, 216F, and 216G; and rules associated with
those provisions and shall also:

(1) model and monitor the use and operation of the energy infrastructure in the
state, including generation facilities, transmission lines, natural gas pipelines, and other
energy infrastructure;

(2) develop and present to the commission and parties technical analyses of proposed
infrastructure projects, and provide technical advice to the commission;

(3) present independent, factual, expert, and technical information on infrastructure
proposals and reliability issues at public meetings hosted by the task force, deleted text begin the
Environmental Quality Board, deleted text end the department, or the commission.

(b) Upon request and subject to resource constraints, the administrator shall
provide technical assistance regarding matters unrelated to applications for infrastructure
improvements to the task force, the department, or the commission.

(c) The administrator may not advocate for any particular outcome in a commission
proceeding, but may give technical advice to the commission as to the impact on the
reliability of the energy system of a particular project or projects.

Sec. 20.

Minnesota Statutes 2010, section 216C.18, subdivision 2, is amended to read:

Subd. 2.

Draft report; public meeting.

Prior to the preparation of a final report,
the commissioner shall issue a draft report to deleted text begin the Environmental Quality Board and deleted text end any
person, upon request, and shall hold a public meeting. Notice of the public meeting shall
be provided to each regional development commission.

Sec. 21. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "Environmental Quality Board," or
"board" when referring thereto, to "commissioner of natural resources," or "commissioner"
wherever it appears in Minnesota Statutes, sections 116G.01 to 116G.14, and section
116G.151.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 40A.122; 103A.403; 103A.43; 103F.614;
115A.32; 115A.33; 115A.34; 115A.35; 115A.36; 115A.37; 115A.38; 115A.39; 116C.02;
116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, and 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, and
11; 116C.06; 116C.08; 116C.71, subdivisions 1c and 2a; 116C.721; 116C.722; 116C.724,
subdivisions 2 and 3; and 473H.15, new text end new text begin are repealed.
new text end