Minnesota Legislature
HF 2097
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:58am
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| Introduction | Posted on 03/24/2009 |
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A bill for an act
relating to state government; establishing a position of chief environmental
officer; requiring a report; amending Minnesota Statutes 2008, sections 116C.03,
subdivisions 2, 3a, 4, 5, by adding a subdivision; 116C.04, subdivisions 2, 3, 4,
7; 116C.06, subdivision 3; 116C.08.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 116C.03, subdivision 2, is amended to read:
Subd. 2.
Membership.
The members of the board are the deleted text begin director of the Office of
Strategic and Long-Range Planningdeleted text end new text begin commissioner of administrationnew text end , the commissioner
of commerce, the commissioner of the Pollution Control Agency, the commissioner
of natural resources, the commissioner of agriculture, the commissioner of health,
the commissioner of employment and economic development, the commissioner of
transportation, the chair of the Board of Water and Soil Resources, and a deleted text begin representative
of the governor's office designateddeleted text end new text begin chair appointednew text end by the governor. The governor shall
appoint five members from the general public to the board, subject to the advice and
consent of the senate. At least two of the five public members must have knowledge of and
be conversant in water management issues in the state. Notwithstanding the provisions of
section 15.06, subdivision 6, members of the board may not delegate their powers and
responsibilities as board members to any other person.
Sec. 2.
Minnesota Statutes 2008, section 116C.03, subdivision 3a, is amended to read:
Subd. 3a.
Chairnew text begin ; chief environmental officernew text end .
deleted text begin
The representative of the governor's
office shall serve as chair of the board.
deleted text end
new text begin
The chair is the chief environmental officer of the
state of Minnesota and director of the board. The appointment of the chief environmental
officer is subject to the advice and consent of the senate under section 15.066.
new text end
Sec. 3.
Minnesota Statutes 2008, section 116C.03, is amended by adding a subdivision
to read:
new text begin Subd. 3b. new text end
new text begin Annual report. new text end
new text begin
The chief environmental officer shall report to the
governor and legislature annually by January 15 on the initiatives considered most
important to protecting Minnesota's environment and natural resources and achieving
sustainable development.
new text end
Sec. 4.
Minnesota Statutes 2008, section 116C.03, subdivision 4, is amended to read:
Subd. 4.
Support.
Staff and consultant support for board activities shall be provided
by the deleted text begin Office of Strategic and Long-Range Planningdeleted text end new text begin commissioner of administrationnew text end . This
support shall be provided based upon an annual budget and work program developed by
the board and certified to the commissioner by the chair of the board. The deleted text begin boarddeleted text end new text begin chief
environmental officernew text end shall have the authority to request and require staff support from all
other agencies of state government as needed for the execution of the responsibilities of
the board.
Sec. 5.
Minnesota Statutes 2008, section 116C.03, subdivision 5, is amended to read:
Subd. 5.
Administration.
The deleted text begin boarddeleted text end new text begin chief environmental officernew text end shall contract
with the deleted text begin Office of Strategic and Long-Range Planningdeleted text end new text begin commissioner of administrationnew text end
for administrative services necessary to the board's activities. The services shall include
personnel, budget, payrollnew text begin ,new text end and contract administration.
Sec. 6.
Minnesota Statutes 2008, section 116C.04, subdivision 2, is amended to read:
Subd. 2.
Jurisdiction.
(a) The deleted text begin boarddeleted text end new text begin chief environmental officernew text end shall determine
which environmental problems of interdepartmental concern to state government shall be
considered by the board. The board shall initiate interdepartmental investigations into
those matters that it determines are in need of study. Topics for investigation may include
but need not be limited tonew text begin climate change and adaptation, sustainable development,new text end future
population and settlement patterns, air and water resources and quality, solid waste
management, transportation and utility corridors, economically productive open space,
energy policy and need, growth and development, and land use planning.
(b) The board shall review programs of state agencies that significantly affect the
environment and coordinate those it determines are interdepartmental in nature, and deleted text begin insuredeleted text end new text begin
ensurenew text end agency compliance with state environmental policy.
(c) The board may review environmental rules and criteria for granting and denying
permits by state agencies and may resolve conflicts involving state agencies with regard to
programs, rules, permitsnew text begin ,new text end and procedures significantly affecting the environment, provided
that such resolution of conflicts is consistent with state environmental policy.
(d) State agencies shall submit to the board all proposed legislation of major
significance deleted text begin relatingdeleted text end to the environment and the board shall deleted text begin submit a report to the
governor and the legislature with comments on such major environmental proposals of
state agenciesdeleted text end new text begin advise the chief environmental officer on the report required by section
116C.03, subdivision 3bnew text end .
Sec. 7.
Minnesota Statutes 2008, section 116C.04, subdivision 3, is amended to read:
Subd. 3.
Cooperation.
The deleted text begin boarddeleted text end new text begin chief environmental officernew text end shall cooperate with
regional development commissions in appropriate matters of environmental concern.
Sec. 8.
Minnesota Statutes 2008, section 116C.04, subdivision 4, is amended to read:
Subd. 4.
Task forces.
The deleted text begin boarddeleted text end new text begin chief environmental officernew text end may establish
interdepartmental or citizen task forces or subcommittees to study particular problems.
Sec. 9.
Minnesota Statutes 2008, section 116C.04, subdivision 7, is amended to read:
Subd. 7.
Annual congress.
At its discretion, the board shall convene an annual
environmental deleted text begin Quality Boarddeleted text end congress including, but not limited to, representatives of
state, federal and regional agencies, citizen organizations, associations, industries, colleges
and universities, and private enterprises deleted text begin whodeleted text end new text begin thatnew text end are active in or have a major impact on
environmental quality. The purpose of the congress deleted text begin shall bedeleted text end new text begin isnew text end to receive reports and
exchange information on progress and activities related to environmental improvementnew text begin
and sustainable developmentnew text end .
Sec. 10.
Minnesota Statutes 2008, section 116C.06, subdivision 3, is amended to read:
Subd. 3.
Recommendations.
After receipt of the findings of fact of the hearings
officer, the deleted text begin boarddeleted text end new text begin chief environmental officernew text end shall make recommendations to the governor
and legislature as to administrative and legislative actions to be considered in regard
to the matter.
Sec. 11.
Minnesota Statutes 2008, section 116C.08, is amended to read:
116C.08 FEDERAL FUNDS; DONATIONS.
The deleted text begin boarddeleted text end new text begin chief environmental officernew text end may apply for, receive, and disburse federal
funds made available to the state by federal law or rules promulgated thereunder for
any purpose related to the powers and duties of the board. The board shall comply with
any and all requirements of such federal law or such rules and regulations promulgated
thereunder in order to apply for, receive, and disburse such funds. The board is authorized
to accept any donations or grants from any public or private concern. All such moneys
received by the board shall be deposited in the state treasury and are hereby appropriated
to it for the purpose for which they are received. None of such moneys in the state
treasury shall cancel.
Sec. 12. new text begin REPORT.
new text end
new text begin
By January 15, 2010, the chief environmental officer shall report to the chairs of
the senate and house of representatives committees with jurisdiction over environment
and natural resources policy and budget on changes, including any statutory changes,
necessary to create a new organizational structure for the sustainable management of
water in this state. The chief environmental officer shall work with the Board of Water and
Soil Resources; the commissioners of agriculture, health, natural resources, and pollution
control; and the Clean Water Council in creating the new structure.
new text end