HF 5482

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/19/2024 01:21pm

A bill for an act
relating to environment; modifying the membership and structure of the Clean
Water Council; modifying duties; amending Minnesota Statutes 2022, sections
114D.20, subdivision 5; 114D.30, subdivisions 1, 2; Minnesota Statutes 2023
Supplement, section 114D.30, subdivisions 4, 6, 7; repealing Minnesota Statutes
2022, sections 114D.30, subdivision 5; 114D.35, subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 114D.20, subdivision 5, is amended to read:

Subd. 5.

Priorities for scheduling and preparing WRAPSs and TMDLs.

The
commissioner of the Pollution Control Agency must seek recommendations from the deleted text begin Clean
Water Council; the deleted text end commissioners of natural resources, health, and agriculture; and the
Board of Water and Soil Resources regarding priorities for scheduling and preparing
WRAPSs and TMDLs. Recommendations must consider the causes of impairments, the
designated uses of the waters, applicable federal TMDL requirements, surface water and
groundwater interactions, protection of high-quality waters, waters and watersheds with
declining water quality trends, and waters used as drinking water sources. Furthermore,
consideration must be given to waters and watersheds:

(1) that have the greatest potential risk to human health;

(2) that have the greatest potential risk to threatened or endangered species;

(3) that have the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals, especially
local, basin-wide, 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. 2.

Minnesota Statutes 2022, section 114D.30, subdivision 1, is amended to read:

Subdivision 1.

Creation; duties.

A Clean Water Council is created to deleted text begin 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. deleted text end new text begin make recommendations to the
legislature on appropriations of money from the clean water fund that are consistent with
the constitution and state law. The Legislative Coordinating Commission may appoint
nonpartisan staff and contract with consultants as necessary to support the functions of the
council.
new text end

Sec. 3.

Minnesota Statutes 2022, section 114D.30, subdivision 2, is amended to read:

Subd. 2.

Membership; appointment.

deleted text begin (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.
deleted text end

deleted text begin (b) Seventeen voting deleted text end new text begin (a) The Clean Water Council consists of new text end members deleted text begin of the council
shall be deleted text end appointed by the governor as follows:

(1) deleted text begin two members representing statewide farm organizations deleted text end new text begin one member from each
congressional district new text end ; new text begin and
new text end

(2) two new text begin at-large new text end members deleted text begin representing business organizations; deleted text end new text begin .
new text end

deleted text begin (3) two members representing environmental organizations;
deleted text end

deleted text begin (4) one member representing soil and water conservation districts;
deleted text end

deleted text begin (5) one member representing watershed districts;
deleted text end

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

deleted text begin (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;
deleted text end

deleted text begin (8) two members representing organizations of city governments;
deleted text end

deleted text begin (9) one member representing township officers;
deleted text end

deleted text begin (10) one member representing the interests of tribal governments;
deleted text end

deleted text begin (11) one member representing statewide hunting organizations; and
deleted text end

deleted text begin (12) one member representing statewide fishing organizations.
deleted text end

new text begin (b) Members appointed under this section must have expertise in science, water quality,
hydrology, or a related field. new text end Members appointed deleted text begin under this paragraph deleted text end must not be registered
lobbyists or legislators. deleted text begin In making appointments, the governor must attempt to provide for
geographic balance. deleted text end The members of the council deleted text begin appointed by the governor deleted text end are subject to
the advice and consent of the senate. new text begin The members of the council must elect a chair,
vice-chair, and other officers from among the council's membership.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 114D.30, subdivision 4, is amended
to read:

Subd. 4.

Terms; compensation; removal.

deleted text begin The terms of members representing the state
agencies and the Metropolitan Council are four years and are coterminous with the governor. deleted text end
The terms of deleted text begin other nonlegislative deleted text end members of the council deleted text begin shall be deleted text end new text begin are new text end as provided in section
15.059, subdivision 2. Members may serve until their successors are appointed and qualify.
Compensation and removal of deleted text begin nonlegislative council deleted text end members deleted text begin is deleted text end new text begin are new text end as provided in section
15.059, subdivisions 3 and 4, except that a deleted text begin nonlegislative deleted text end member may be compensated at
the rate of up to $125 a day. deleted text begin Compensation of legislative members is as determined by the
appointing authority. The Pollution Control Agency may reimburse legislative members
for expenses. deleted text end A vacancy on the council may be filled by the deleted text begin appointing authority provided
in subdivision 1 deleted text end new text begin governor new text end for the remainder of the unexpired term.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 114D.30, subdivision 6, is amended
to read:

Subd. 6.

Recommended appropriations.

(a) The Clean Water Council must submit
recommendations to the governor and the legislature on how 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. new text begin The council may recommend that a portion of its administrative budget be spent
to evaluate the effectiveness of past appropriations from the clean water fund on achieving
their intended goals. new text end Expenditures from the fund must be appropriated by law.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 114D.30, subdivision 7, is amended
to read:

Subd. 7.

Reports to legislature.

By January 15 each odd-numbered year, the council
must submit a report to the legislature that includes:

(1) a summary of the activities for which money has been or will be spent in the current
biennium;

(2) the recommendations required under subdivision 6 for how money in the clean water
fund should be spent in the next biennium, including recommended legislative bill language;
and

(3) deleted text begin the impact on economic development of the implementation of efforts to protect and
restore groundwater and the impaired waters program deleted text end new text begin the effectiveness of past appropriations
from the clean water fund on achieving their intended goals new text end .

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 114D.30, subdivision 5; and 114D.35, subdivision 3, new text end new text begin
are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06545

114D.30 CLEAN WATER COUNCIL.

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.

114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC REVIEW; EDUCATION.

Subd. 3.

Education.

The Clean Water Council must develop strategies for informing, educating, and encouraging the participation of citizens, stakeholders, and others regarding this chapter. Public agencies are responsible for implementing the strategies.