HF 2902

as introduced - 91st Legislature (2019 - 2020) Posted on 05/17/2019 08:47am

A bill for an act
relating to water; establishing the Legislative-Citizen Commission on Minnesota
Waters; eliminating the Clean Water Council and Legislative Water Commission;
reassigning duties; providing appointments; amending Minnesota Statutes 2018,
sections 3.886, subdivision 6; 10A.01, subdivision 35; 97A.056, subdivision 3;
114D.35, subdivisions 2, 3; 114D.50, subdivision 4; proposing coding for new
law in Minnesota Statutes, chapter 114D; repealing Minnesota Statutes 2018,
sections 114D.15, subdivision 3; 114D.20, subdivisions 5, 6, 7; 114D.30.

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

Section 1.

Minnesota Statutes 2018, section 3.886, subdivision 6, is amended to read:

Subd. 6.

Expiration.

This section expires July 1, deleted text begin 2019 deleted text end new text begin 2020 new text end .

Sec. 2.

Minnesota Statutes 2018, 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,
director of the Legislative Budget Office, chief clerk of the house of representatives, revisor
of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis
Department;

(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;

(24) citizen member of the deleted text begin Clean Water Council deleted text end new text begin Legislative-Citizen Commission on
Minnesota Waters new text end established in section deleted text begin 114D.30 deleted text end new text begin 114D.60 new text end ;

(25) member or chief executive of the Minnesota Sports Facilities Authority established
in section 473J.07;

(26) district court judge, appeals court judge, or supreme court justice;

(27) county commissioner;

(28) member of the Greater Minnesota Regional Parks and Trails Commission; or

(29) member of the Destination Medical Center Corporation established in section
469.41.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 3.

Minnesota Statutes 2018, 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.

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

(d) 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.

(e) 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.

(f) The council may work with the deleted text begin Clean Water Council deleted text end new text begin Legislative-Citizen Commission
on Minnesota Waters new 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.

(g) 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.

(h) 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.

(i) 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.

(j) By July 1 each year, the council shall provide counties with a list of project proposals
that include potential fee title land acquisitions in the county that is based on that year's
funding requests received by the council from nongovernmental organizations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, section 114D.35, subdivision 2, is amended to read:

Subd. 2.

Expert scientific advice.

deleted text begin The Clean Water Council and deleted text end Public agencies and
private entities deleted text begin shall deleted text end new text begin must new text end make use of available public and private expertise from educational,
research, and technical organizations, including the University of Minnesota and other
higher education institutions, to provide appropriate independent expert advice on models,
methods, and approaches used in identifying degraded groundwater and impaired waters,
developing TMDLs, and implementing prevention and restoration.

Sec. 5.

Minnesota Statutes 2018, section 114D.35, subdivision 3, is amended to read:

Subd. 3.

Education.

The deleted text begin Clean Water Council shall deleted text end new text begin Pollution Control Agency must new text end
develop strategies for informing, educating, and encouraging the participation of citizens,
stakeholders, and others regarding the identification of impaired waters, development of
TMDLs, development of TMDL implementation plans, implementation of restoration for
impaired waters, identification of degraded groundwater, and protection and restoration of
groundwater resources. Public agencies shall be responsible for implementing the strategies.

Sec. 6.

Minnesota Statutes 2018, section 114D.50, subdivision 4, is amended to read:

Subd. 4.

Expenditures; accountability.

(a) A project receiving funding from the clean
water fund must meet or exceed the constitutional requirements to protect, enhance, and
restore water quality in lakes, rivers, and streams and to protect groundwater and drinking
water from degradation. Priority may be given to projects that meet more than one of these
requirements. A project receiving funding from the clean water fund shall include measurable
outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring and
evaluating the results. A project must be consistent with current science and incorporate
state-of-the-art technology.

(b) Money from the clean water fund shall be expended to balance the benefits across
all regions and residents of the state.

(c) A state agency or other recipient of a direct appropriation from the clean water fund
must compile and submit all information for proposed and funded projects or programs,
including the proposed measurable outcomes and all other items required under section
3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable
or by January 15 of the applicable fiscal year, whichever comes first. The Legislative
Coordinating Commission must post submitted information on the website required under
section 3.303, subdivision 10, as soon as it becomes available. Information classified as not
public under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on
the website.

(d) Grants funded by the clean water fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(e) Money from the clean water fund may only be spent on projects that benefit Minnesota
waters.

(f) When practicable, a direct recipient of an appropriation from the clean water fund
shall prominently display on the recipient's website home page the legacy logo required
under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
361, article 3, section 5, accompanied by the phrase "Click here for more information."
When a person clicks on the legacy logo image, the website must direct the person to a web
page that includes both the contact information that a person may use to obtain additional
information, as well as a link to the Legislative Coordinating Commission website required
under section 3.303, subdivision 10.

(g) Future eligibility for money from the clean water fund is contingent upon a state
agency or other recipient satisfying all applicable requirements in this section, as well as
any additional requirements contained in applicable session law. If the Office of the
Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient
of money from the clean water fund has not complied with the laws, rules, or regulations
in this section or other laws applicable to the recipient, the recipient must be listed in an
annual report to the legislative committees with jurisdiction over the legacy funds. The list
must be publicly available. The legislative auditor shall remove a recipient from the list
upon determination that the recipient is in compliance. A recipient on the list is not eligible
for future funding from the clean water fund until the recipient demonstrates compliance
to the legislative auditor.

(h) Money from the clean water fund may be used to leverage federal funds through
execution of formal project partnership agreements with federal agencies consistent with
respective federal agency partnership agreement requirements.

(i) Any state agency or organization requesting a direct appropriation from the clean
water fund must inform the deleted text begin Clean Water Council deleted text end new text begin Legislative-Citizen Commission on
Minnesota Waters new text end and the house of representatives and senate committees having jurisdiction
over the clean water fund, at the time the request for funding is made, whether the request
is supplanting or is a substitution for any previous funding that was not from a legacy fund
and was used for the same purpose.

Sec. 7.

new text begin [114D.60] LEGISLATIVE-CITIZEN COMMISSION ON MINNESOTA
WATERS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) A Legislative-Citizen Commission on
Minnesota Waters is created in the legislative branch. The commission consists of 17
members as follows:
new text end

new text begin (1) the chair of the house of representatives committee or division with jurisdiction over
environment and natural resources finance or designee;
new text end

new text begin (2) the chair of the senate committee or division with jurisdiction over environment and
natural resources finance or designee;
new text end

new text begin (3) four members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration;
new text end

new text begin (4) four members of the house of representatives appointed by the speaker of the house;
new text end

new text begin (5) five citizen members appointed by the governor;
new text end

new text begin (6) one citizen member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration; and
new text end

new text begin (7) one citizen member appointed by the speaker of the house.
new text end

new text begin (b) At least two members from the senate and two members from the house of
representatives must be from the minority caucus.
new text end

new text begin (c) The citizen members must:
new text end

new text begin (1) have experience or expertise in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's water resources;
new text end

new text begin (2) have strong knowledge in the state's water issues around the state; and
new text end

new text begin (3) have demonstrated ability to work in a collaborative environment.
new text end

new text begin (d) The governor's appointments to the commission are subject to the advice and consent
of the senate.
new text end

new text begin (e) Members appointed under this subdivision must not be registered lobbyists. In making
appointments, the governor, senate Subcommittee on Committees of the Committee on
Rules and Administration, and speaker of the house must consider geographic balance,
gender, age, ethnicity, and varying expertise.
new text end

new text begin (f) The Legislative Coordinating Commission may appoint nonpartisan staff and contract
with consultants as necessary to support the functions of the commission. Up to one percent
of the money appropriated from the clean water fund may be used to pay for administrative
expenses of the commission and for compensation and expense reimbursement of commission
members.
new text end

new text begin Subd. 2. new text end

new text begin Terms; compensation. new text end

new text begin (a) Appointed legislative members serve at the pleasure
of the appointing authority. Compensation of legislative members is as determined by the
appointing authority.
new text end

new text begin (b) Terms, compensation, and removal of citizen members are as provided in section
15.0575. A vacancy on the commission may be filled by the appointing authority for the
remainder of the unexpired term.
new text end

new text begin Subd. 3. new text end

new text begin Cochairs. new text end

new text begin Members of the commission must develop procedures to elect a
chair that rotates between legislative and citizen members each meeting. A citizen member,
a senate member, and a house of representatives member must serve as chairs. The citizen
members, senate members, and house of representatives members must select their respective
chairs.
new text end

new text begin Subd. 4. new text end

new text begin Open meetings. new text end

new text begin (a) Meetings of the commission and other groups the
commission may establish are subject to chapter 13D. For the purposes of this subdivision,
a meeting occurs when a quorum is present and the members receive information or take
action on any matter relating to the duties of the commission.
new text end

new text begin (b) Travel to and from scheduled and publicly noticed site visits by commission members
for the purposes of receiving information is not a violation of paragraph (a). Any decision
or agreement to make a decision during the travel is a violation of paragraph (a).
new text end

new text begin (c) For legislative members of the commission, enforcement of this subdivision is
governed by section 3.055, subdivision 2. For nonlegislative members of the commission,
enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.
new text end

new text begin Subd. 5. new text end

new text begin Conflict of interest. new text end

new text begin (a) A commission member may not be an advocate for or
against a commission action or vote on any action that may be a conflict of interest. A
conflict of interest must be disclosed as soon as it is discovered. The commission must
follow the policies and requirements related to conflicts of interest developed by the Office
of Grants Management under section 16B.98.
new text end

new text begin (b) For the purposes of this section, a conflict of interest exists when a person has an
organizational conflict of interest or direct financial interests and those interests present the
appearance that it will be difficult for the person to impartially fulfill the person's duty. An
organizational conflict of interest exists when a person has an affiliation with an organization
that is subject to commission activities, which presents the appearance of a conflict between
organizational interests and commission member duties. An organizational conflict of
interest does not exist if the person's only affiliation with an organization is being a member
of the organization.
new text end

new text begin Subd. 6. new text end

new text begin Clean water fund recommendations. new text end

new text begin (a) The Legislative-Citizen Commission
on Minnesota Waters must recommend to the legislature appropriations of money from the
clean water fund for the purposes stated in the Minnesota Constitution, article XI, section
15, and section 114D.50.
new text end

new text begin (b) The commission's recommendations must:
new text end

new text begin (1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and to
protect groundwater from degradation and ensure that at least five percent of the clean water
fund is spent only to protect drinking water sources;
new text end

new text begin (2) be consistent with the purposes, policies, goals, and priorities in this chapter; and
new text end

new text begin (3) allocate adequate support and resources to identify degraded groundwater and
impaired waters, develop TMDLs, implement restoration of groundwater and impaired
waters, and provide assistance and incentives to prevent groundwater and surface waters
from becoming degraded or impaired and improve the quality of surface waters that are
listed as impaired but have no approved TMDL.
new text end

new text begin (c) The commission must recommend methods of ensuring that awards of grants, loans,
or other funds from the clean water fund specify the outcomes to be achieved as a result of
the funding and specify standards to hold the recipient accountable for achieving the desired
outcomes. Expenditures from the fund must be appropriated by law.
new text end

new text begin Subd. 7. new text end

new text begin Additional duties. new text end

new text begin (a) The Legislative-Citizen Commission on Minnesota
Waters must review water policy reports and recommendations of the Environmental Quality
Board, the Board of Water and Soil Resources, the Pollution Control Agency, the Department
of Natural Resources, the Metropolitan Council, and other water-related reports as may be
required by law or the legislature.
new text end

new text begin (b) The commission must make recommendations as it deems proper to assist the
legislature in formulating legislation.
new text end

new text begin (c) Data or information compiled by the Legislative-Citizen Commission on Minnesota
Waters or its subcommittees must be made available to the Legislative-Citizen Commission
on Minnesota Resources and standing and interim committees of the legislature on request
of the chair of the respective commission, council, or committee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 8. new text begin INITIAL APPOINTMENTS AND FIRST MEETING.
new text end

new text begin (a) Initial appointments to the Legislative-Citizen Commission on Minnesota Waters
must be made by September 1, 2020. The first meeting of the Legislative-Citizen Commission
on Minnesota Waters must be convened by the chair or a designee of the Legislative
Coordinating Commission by October 15, 2020. The Legislative-Citizen Commission on
Minnesota Waters must select cochairs from its membership at its first meeting.
new text end

new text begin (b) Citizen members of the Legislative-Citizen Commission on Minnesota Waters must
initially be appointed according to the following schedule of terms:
new text end

new text begin (1) two members appointed by the governor for a term ending the first Monday in January
2024;
new text end

new text begin (2) one member appointed by the senate Subcommittee on Committees of the Committee
on Rules and Administration for a term ending the first Monday in January 2024;
new text end

new text begin (3) one member appointed by the speaker of the house for a term ending the first Monday
in January 2024;
new text end

new text begin (4) two members appointed by the governor for a term ending the first Monday in January
2023; and
new text end

new text begin (5) one member appointed by the governor for a term ending the first Monday in January
2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 114D.15, subdivision 3; 114D.20, subdivisions 5, 6,
and 7; and 114D.30, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-5091

114D.15 DEFINITIONS.

Subd. 3.

Clean Water Council or council.

"Clean Water Council" or "council" means the Clean Water Council created pursuant to section 114D.30, subdivision 1.

114D.20 IMPLEMENTATION; COORDINATION; GOALS; POLICIES; AND PRIORITIES.

Subd. 5.

Priorities for preparing TMDLs.

The Clean Water Council shall recommend priorities for scheduling and preparing TMDLs 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 council 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.

Subd. 6.

Priorities for restoring impaired waters.

In implementing restoration of impaired waters, in addition to the priority considerations in subdivision 5, the Clean Water Council shall give priority in its recommendations for restoration funding from the clean water fund to restoration projects that:

(1) coordinate with and utilize existing local authorities and infrastructure for implementation;

(2) can be implemented in whole or in part by providing support for existing or ongoing restoration efforts;

(3) most effectively leverage other sources of restoration funding, including federal, state, local, and private sources of funds;

(4) show a high potential for early restoration and delisting based upon scientific data developed through public agency or citizen monitoring or other means; and

(5) show a high potential for long-term water quality and related conservation benefits.

Subd. 7.

Priorities for funding prevention actions.

The Clean Water Council shall apply the priorities applicable under subdivision 6, as far as practicable, when recommending priorities for funding actions to prevent groundwater and surface waters from becoming degraded or impaired and to improve the quality of surface waters that are listed as impaired but do not have an approved TMDL.

114D.30 CLEAN WATER COUNCIL.

Subdivision 1.

Creation; duties.

A Clean Water Council is created to advise on the administration and implementation of this chapter, and foster coordination and cooperation as described in section 114D.20, subdivision 1. The council may also advise on the development of appropriate processes for expert scientific review as described in section 114D.35, subdivision 2. The Pollution Control Agency shall provide administrative support for the council with the support of other member agencies. The members of the council shall elect a chair from the voting members of the council.

Subd. 2.

Membership; appointment.

(a) The commissioners of natural resources, agriculture, health, and the Pollution Control Agency, the executive director of the Board of Water and Soil Resources, the Board of Regents of the University of Minnesota, and the Metropolitan Council shall each appoint one person from their respective entity to serve as a nonvoting member of the council. Two members of the house of representatives, including one member from the majority party and one member from the minority party, appointed by the speaker and two senators, including one member from the majority party and one member from the minority party, appointed according to the rules of the senate shall serve at the pleasure of the appointing authority as nonvoting members of the council. Members appointed under this paragraph serve as nonvoting members of the council.

(b) Seventeen voting members of the council shall be appointed by the governor as follows:

(1) two members representing statewide farm organizations;

(2) two members representing business organizations;

(3) two members representing environmental organizations;

(4) one member representing soil and water conservation districts;

(5) one member representing watershed districts;

(6) one member representing nonprofit organizations focused on improvement of Minnesota lakes or streams;

(7) two members representing organizations of county governments, one member representing the interests of rural counties and one member representing the interests of counties in the seven-county metropolitan area;

(8) two members representing organizations of city governments;

(9) one member representing township officers;

(10) one member representing the interests of tribal governments;

(11) one member representing statewide hunting organizations; and

(12) one member representing statewide fishing organizations.

Members appointed under this paragraph must not be registered lobbyists or legislators. In making appointments, the governor must attempt to provide for geographic balance. The members of the council appointed by the governor are subject to the advice and consent of the senate.

Subd. 3.

Conflict of interest.

A Clean Water Council member may not participate in or vote on a decision of the council relating to an organization in which the member has either a direct or indirect personal financial interest. While serving on the Clean Water Council, a member shall avoid any potential conflict of interest.

Subd. 4.

Terms; compensation; removal.

The terms of members representing the state agencies and the Metropolitan Council are four years and are coterminous with the governor. The terms of other nonlegislative members of the council shall be as provided in section 15.059, subdivision 2. Members may serve until their successors are appointed and qualify. Compensation and removal of nonlegislative council members is as provided in section 15.059, subdivisions 3 and 4. Compensation of legislative members is as determined by the appointing authority. The Pollution Control Agency may reimburse legislative members for expenses. A vacancy on the council may be filled by the appointing authority provided in subdivision 1 for the remainder of the unexpired term.

Subd. 5.

Implementation plan.

The Clean Water Council shall recommend a plan for implementation of this chapter and the provisions of article XI, section 15, of the Minnesota Constitution relating to clean water. The recommended plan shall address general procedures and time frames for implementing this chapter, and shall include a more specific implementation work plan for the next fiscal biennium and a framework for setting priorities to address impaired waters consistent with section 114D.20, subdivisions 2 to 7. The council shall issue a revised plan by December 1 of each even-numbered year.

Subd. 6.

Recommended appropriations.

(a) The Clean Water Council shall recommend to the governor and the legislature the manner in which money from the clean water fund should be appropriated for the purposes stated in article XI, section 15, of the Minnesota Constitution and section 114D.50.

(b) The council's recommendations must:

(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater from degradation and ensure that at least five percent of the clean water fund is spent only to protect drinking water sources;

(2) be consistent with the purposes, policies, goals, and priorities in this chapter; and

(3) allocate adequate support and resources to identify degraded groundwater and impaired waters, develop TMDLs, implement restoration of groundwater and impaired waters, and provide assistance and incentives to prevent groundwater and surface waters from becoming degraded or impaired and improve the quality of surface waters which are listed as impaired but have no approved TMDL.

(c) The council must recommend methods of ensuring that awards of grants, loans, or other funds from the clean water fund specify the outcomes to be achieved as a result of the funding and specify standards to hold the recipient accountable for achieving the desired outcomes. Expenditures from the fund must be appropriated by law.

Subd. 7.

Biennial report to legislature.

By December 1 of each even-numbered year, the council shall submit a report to the legislature on the activities for which money has been or will be spent for the current biennium, the activities for which money is recommended to be spent in the next biennium, and the impact on economic development of the implementation of efforts to protect and restore groundwater and the impaired waters program. The report due on December 1, 2014, must include an evaluation of the progress made through June 30, 2014, in implementing this chapter and the provisions of article XI, section 15, of the Minnesota Constitution relating to clean water, the need for funding of future implementation, and recommendations for the sources of funding.