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HF 2089

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:58am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; transferring the Office of Energy Security to
the Pollution Control Agency and renaming it the Department of Energy
and Environmental Protection; requiring a report on necessary changes to
management of water in this state; transferring the responsibilities of the
commissioner of labor and industry to the commissioner of commerce
and changing the name to commissioner of labor and commerce; making
corresponding technical and housekeeping changes; transferring consumer
protection responsibilities of the commissioner of commerce to the attorney
general; transferring mortgage fraud investigation responsibilities from the
commissioner of commerce to the commissioner of public safety; amending
Minnesota Statutes 2008, sections 15.01; 15.06, subdivision 1; 15A.0815,
subdivision 2; 43A.08, subdivision 1a; 45.012; 116.02.

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

ARTICLE 1

ENERGY AND ENVIRONMENTAL PROTECTION

Section 1. new text beginCONSOLIDATION OF STATE REGULATION OF ENERGY AND
ENVIRONMENTAL PROTECTION.
new text end

new text begin In order to make state government more efficient and effective and to accomplish
more efficient and effective regulation of energy and environmental protection
in Minnesota, the responsibilities of the Office of Energy Security, including any
responsibilities set forth in the executive order dated January 17, 2008, are transferred to
the Pollution Control Agency under Minnesota Statutes, section 15.039. The Pollution
Control Agency is renamed the Department of Energy and Environmental Protection.
new text end

Sec. 2.

Minnesota Statutes 2008, section 15.01, is amended to read:


15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government:
the Department of Administration; the Department of Agriculture; the Department
of Commerce; the Department of Corrections; the Department of Education; the
Department of Employment and Economic Development;new text begin the Department of Energy and
Environmental Protection;
new text end the Department of Finance; the Department of Health; the
Department of Human Rights; the Department of Labor and Industry; the Department of
Military Affairs; the Department of Natural Resources; the Department of Public Safety;
the Department of Human Services; the Department of Revenue; the Department of
Transportation; the Department of Veterans Affairs; and their successor departments.

Sec. 3.

Minnesota Statutes 2008, section 15.06, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

This section applies to the following departments
or agencies: the Departments of Administration, Agriculture, Commerce, Corrections,
Education, Employment and Economic Development,new text begin Energy and Environmental
Protection,
new text end Finance, Health, Human Rights, Labor and Industry, Natural Resources,
Public Safety, Human Services, Revenue, Transportation, and Veterans Affairs; the
Housing Finance deleted text beginand Pollution Control Agenciesdeleted text endnew text begin Agencynew text end; the Office of Commissioner of
Iron Range Resources and Rehabilitation; the Bureau of Mediation Services; and their
successor departments and agencies. The heads of the foregoing departments or agencies
are "commissioners."

Sec. 4.

Minnesota Statutes 2008, section 15A.0815, subdivision 2, is amended to read:


Subd. 2.

Group I salary limits.

The salaries for positions in this subdivision may
not exceed 95 percent of the salary of the governor:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

new text begin Commissioner of energy and environmental protection;
new text end

Commissioner of finance;

Commissioner of health;

Executive director, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of natural resources;

Director of Office of Strategic and Long-Range Planning;

deleted text begin Commissioner, Pollution Control Agency;deleted text end

Executive director, Public Employees Retirement Association;

Commissioner of public safety;

Commissioner of revenue;

Executive director, State Retirement System;

Executive director, Teachers Retirement Association;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

Sec. 5.

Minnesota Statutes 2008, section 43A.08, subdivision 1a, is amended to read:


Subd. 1a.

Additional unclassified positions.

Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
Education; Employment and Economic Development;new text begin Energy and Environmental
Protection;
new text end Explore Minnesota Tourism; Finance; Health; Human Rights; Labor and
Industry; Natural Resources; Public Safety; Human Services; Revenue; Transportation;
and Veterans Affairs; the Housing Finance deleted text beginand Pollution Control Agenciesdeleted text endnew text begin Agencynew text end; the
State Lottery; the State Board of Investment; the Office of Administrative Hearings; the
Offices of the Attorney General, Secretary of State, and State Auditor; the Minnesota State
Colleges and Universities; the Minnesota Office of Higher Education; the Perpich Center
for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating
specifically to that agency;

(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant
to the agency head; and

(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.

Sec. 6.

Minnesota Statutes 2008, section 116.02, is amended to read:


116.02 deleted text beginPOLLUTION CONTROL AGENCYdeleted text endnew text begin DEPARTMENT OF ENERGY
AND ENVIRONMENTAL PROTECTION
new text end, CREATION AND POWERS.

Subdivision 1.

Creation.

deleted text beginA pollution control agency, designated as the Minnesota
Pollution Control Agency,
deleted text endnew text begin The Department of Energy and Environmental Protectionnew text end is
deleted text begin herebydeleted text end creatednew text begin under the control and supervision of a commissionernew text end. deleted text beginThe agencydeleted text endnew text begin A Board
of Energy and Environmental Protection
new text end shall consist of the commissioner and eight
members appointed by the governor, by and with the advice and consent of the senate.
One of such members shall be a person knowledgeable in the field of agriculture and one
shall be representative of organized labor.

Subd. 2.

Terms, compensation, removal, vacancies.

The membership terms,
compensation, removal of members, and filling of vacancies on the deleted text beginagencydeleted text endnew text begin boardnew text end shall be
as provided in section 15.0575.

Subd. 3.

Membership.

The membership of the deleted text beginPollution Control Agencydeleted text endnew text begin boardnew text end
shall be broadly representative of the skills and experience necessary to effectuate the
policy of sections 116.01 to 116.075, except that no member other than the commissioner
shall be an officer or employee of the state or federal government. Only two members at
one time may be officials or employees of a municipality or any governmental subdivision,
but neither may be a member ex officio or otherwise on the management board of a
municipal sanitary sewage disposal system.

Subd. 4.

Chair.

The commissioner shall serve as chair of the deleted text beginagencydeleted text endnew text begin boardnew text end. The
deleted text begin agencydeleted text endnew text begin boardnew text end shall elect such other officers as it deems necessary.

Subd. 5.

deleted text beginAgencydeleted text endnew text begin Boardnew text end is successor to deleted text begincommissiondeleted text endnew text begin agencynew text end.

The deleted text beginPollution
Control Agency
deleted text endnew text begin boardnew text end is the successor of the deleted text beginWater Pollution Control Commissiondeleted text endnew text begin
Pollution Control Agency
new text end, and all powers and duties now vested in or imposed upon deleted text beginsaid
commission
deleted text endnew text begin the agencynew text end by chapter 115, or any act amendatory thereof or supplementary
thereto, are hereby transferred to, imposed upon, and vested in the deleted text beginMinnesota Pollution
Control Agency, except as to those matters pending before the commission in which
hearings have been held and evidence has been adduced. The Water Pollution Commission
shall complete its action in such pending matters not later than six months from May 26,
1967. The Water Pollution Control Commission, as heretofore constituted, is hereby
abolished, (a) effective upon completion of its action in the pending cases, as hereinbefore
provided for; or (b) six months from May 26, 1967, whichever is the earlier
deleted text endnew text begin Board of
Energy and Environmental Protection
new text end.

Subd. 6.

Required decisions.

The deleted text beginagencydeleted text endnew text begin boardnew text end shall make final decisions on the
following matters:

(1) a petition for the preparation of an environmental assessment worksheet, if the
project proposer or a person commenting on the proposal requests that the decision be
made by the deleted text beginagencydeleted text endnew text begin boardnew text end and the deleted text beginagencydeleted text endnew text begin boardnew text end requests that it make the decision under
subdivision 8;

(2) the need for an environmental impact statement following preparation of an
environmental assessment worksheet under applicable rules, if:

(i) the deleted text beginagencydeleted text endnew text begin boardnew text end has received a request for an environmental impact statement;

(ii) the project proposer or a person commenting on the proposal requests that the
declaration be made by the deleted text beginagencydeleted text endnew text begin boardnew text end and the deleted text beginagencydeleted text endnew text begin boardnew text end requests that it make the
decision under subdivision 8; or

(iii) the commissioner is recommending preparation of an environmental impact
statement;

(3) the scope and adequacy of environmental impact statements;

(4) issuance, reissuance, modification, or revocation of a permit if:

(i) a variance is sought in the permit application or a contested case hearing request
is pending; or

(ii) the permit applicant, the permittee, or a person commenting on the permit action
requests that the decision be made by the deleted text beginagencydeleted text endnew text begin boardnew text end and the deleted text beginagencydeleted text endnew text begin boardnew text end requests that
it make the decision under subdivision 8;

(5) final adoption or amendment of agency rules for which a public hearing is
required under section 14.25 or for which the commissioner decides to proceed directly to
a public hearing under section 14.14, subdivision 1;

(6) approval or denial of an application for a variance from an agency rule if:

(i) granting the variance request would change an air, soil, or water quality standard;

(ii) the commissioner has determined that granting the variance would have a
significant environmental impact; or

(iii) the applicant or a person commenting on the variance request requests that the
decision be made by the deleted text beginagencydeleted text endnew text begin boardnew text end and the deleted text beginagencydeleted text endnew text begin boardnew text end requests that it make the
decision under subdivision 8; and

(7) whether to reopen, rescind, or reverse a decision of the deleted text beginagencydeleted text endnew text begin boardnew text end.

Subd. 7.

Additional decisions.

The commissioner may request that the deleted text beginagencydeleted text endnew text begin
board
new text end make additional decisions or provide advice to the commissioner.

Subd. 8.

Other actions.

Any other action not specifically within the authority of
the commissioner shall be made by the deleted text beginagencydeleted text endnew text begin boardnew text end if:

(1) prior to the commissioner's final decision on the action, one or more members
of the deleted text beginagencydeleted text endnew text begin boardnew text end notify the commissioner of their request that the decision be made
by the deleted text beginagencydeleted text endnew text begin boardnew text end; or

(2) any person submits a petition to the commissioner requesting that the decision be
made by the deleted text beginagencydeleted text endnew text begin boardnew text end and the commissioner grants the petition.

If the commissioner denies a petition submitted under clause (2), the commissioner
shall advise the deleted text beginagencydeleted text endnew text begin boardnew text end and the petitioner of the reasons for the denial.

Subd. 9.

Informing public.

The commissioner shall inform interested persons as
appropriate in public notices and other public documents of their right to request the
deleted text begin agencydeleted text endnew text begin boardnew text end to make decisions in specific matters provided in subdivision 6 and the
right of deleted text beginagencydeleted text endnew text begin boardnew text end members to request that decisions be made by the deleted text beginagencydeleted text endnew text begin boardnew text end as
provided in subdivision 8. The commissioner shall also regularly inform the deleted text beginagencydeleted text endnew text begin boardnew text end
of activities that have broad policy implications or potential environmental significance
and of activities in which the public has exhibited substantial interest.

Subd. 10.

Changing decisions.

(a) The deleted text beginagencydeleted text endnew text begin boardnew text end must not reopen, rescind, or
reverse a decision of the deleted text beginagencydeleted text endnew text begin boardnew text end except upon:

(1) the affirmative vote of two-thirds of the deleted text beginagencydeleted text endnew text begin boardnew text end; or

(2) a finding that there was an irregularity in a hearing related to the decision, an
error of law, or a newly discovered material issue of fact.

(b) The requirements in paragraph (a) are minimum requirements and do not limit the
deleted text begin agency'sdeleted text endnew text begin board'snew text end authority under sections 14.06 and 116.07, subdivision 3, to adopt rules:

(1) applying the requirement in paragraph (a), clause (1) or (2), to certain decisions
of the deleted text beginagencydeleted text endnew text begin boardnew text end; or

(2) establishing additional or more stringent requirements for reopening, rescinding,
or reversing decisions of the deleted text beginagencydeleted text endnew text begin boardnew text end.

Sec. 7. new text beginREPORT.
new text end

new text begin By January 15, 2010, the commissioner of energy and environmental protection 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 management
of water in this state. The commissioner shall work with the Board of Water and Soil
Resources, the commissioner of natural resources, the commissioner of health, the
Environmental Quality Board, and the Clean Water Council in creating the new structure.
new text end

Sec. 8. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change "Pollution Control Agency" to "Department
of Energy and Environmental Protection" wherever the term appears in Minnesota Statutes
and Minnesota Rules.
new text end

new text begin (b) The revisor of statutes shall change the word "commerce," when it refers
to the Department of Commerce or the commissioner of commerce, to "energy and
environmental protection," or "Department of Energy and Environmental Protection"
where it appears in Minnesota Statutes, sections 116C.779; 123B.65; 216A.01 to
216A.085; 216A.095; 216B.02 to 216B.813; 216C.01 to 216C.44; 216E.03 to 216E.18;
216F.011; and 216F.09.
new text end

Sec. 9. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective August 1, 2009.
new text end

ARTICLE 2

LABOR AND COMMERCE

Section 1. new text beginDEPARTMENT OF LABOR AND COMMERCE.
new text end

new text begin In order to make state government more efficient and effective and to accomplish
more efficient and effective regulation of labor and commerce in Minnesota, the
responsibilities of the commissioner of labor and industry are transferred to the
commissioner of commerce under Minnesota Statutes, section 15.039. The commissioner
of commerce is renamed the commissioner of labor and commerce.
new text end

Sec. 2.

Minnesota Statutes 2008, section 15.01, is amended to read:


15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government:
the Department of Administration; the Department of Agriculture; deleted text beginthe Department of
Commerce;
deleted text end the Department of Corrections; the Department of Education; the Department
of Employment and Economic Development; the Department of Finance; the Department
of Health; the Department of Human Rights; the Department of Labor and deleted text beginIndustrydeleted text endnew text begin
Commerce
new text end; the Department of Military Affairs; the Department of Natural Resources;
the Department of Public Safety; the Department of Human Services; the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; and
their successor departments.

Sec. 3.

Minnesota Statutes 2008, section 15.06, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

This section applies to the following departments
or agencies: the Departments of Administration, Agriculture, deleted text beginCommerce,deleted text end Corrections,
Education, Employment and Economic Development, Finance, Health, Human Rights,
Labor and deleted text beginIndustrydeleted text endnew text begin Commercenew text end, Natural Resources, Public Safety, Human Services,
Revenue, Transportation, and Veterans Affairs; the Housing Finance and Pollution Control
Agencies; the Office of Commissioner of Iron Range Resources and Rehabilitation; the
Bureau of Mediation Services; and their successor departments and agencies. The heads
of the foregoing departments or agencies are "commissioners."

Sec. 4.

Minnesota Statutes 2008, section 15A.0815, subdivision 2, is amended to read:


Subd. 2.

Group I salary limits.

The salaries for positions in this subdivision may
not exceed 95 percent of the salary of the governor:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

deleted text begin Commissioner of commerce;deleted text end

Commissioner of corrections;

Commissioner of finance;

Commissioner of health;

Executive director, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and deleted text beginindustrydeleted text endnew text begin commercenew text end;

Commissioner of natural resources;

Director of Office of Strategic and Long-Range Planning;

Commissioner, Pollution Control Agency;

Executive director, Public Employees Retirement Association;

Commissioner of public safety;

Commissioner of revenue;

Executive director, State Retirement System;

Executive director, Teachers Retirement Association;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

Sec. 5.

Minnesota Statutes 2008, section 43A.08, subdivision 1a, is amended to read:


Subd. 1a.

Additional unclassified positions.

Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; deleted text beginCommerce;deleted text end Corrections;
Education; Employment and Economic Development; Explore Minnesota Tourism;
Finance; Health; Human Rights; Labor and deleted text beginIndustrydeleted text endnew text begin Commercenew text end; Natural Resources;
Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the
Housing Finance and Pollution Control Agencies; the State Lottery; the State Board of
Investment; the Office of Administrative Hearings; the Offices of the Attorney General,
Secretary of State, and State Auditor; the Minnesota State Colleges and Universities;
the Minnesota Office of Higher Education; the Perpich Center for Arts Education; and
the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating
specifically to that agency;

(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant
to the agency head; and

(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.

Sec. 6.

Minnesota Statutes 2008, section 45.012, is amended to read:


45.012 COMMISSIONER.

(a) The Department ofnew text begin Labor andnew text end Commerce is under the supervision and control of
the commissioner of new text beginlabor and new text endcommerce. The commissioner is appointed by the governor
in the manner provided by section 15.06.

(b) Data that is received by the commissioner or the commissioner's designee by
virtue of membership or participation in an association, group, or organization that is
not otherwise subject to chapter 13 is confidential or protected nonpublic data but may
be shared with the department employees as the commissioner considers appropriate.
The commissioner may release the data to any person, agency, or the public if the
commissioner determines that the access will aid the law enforcement process, promote
public health or safety, or dispel widespread rumor or unrest.

(c) It is part of the department's mission that within the department's resources the
commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

(6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; and

(7) recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the department.

(d) The commissioner also has all the powers and responsibilities and shall
perform all the duties previously assigned to the commissioner of public service and
the Department of Public Service under chapters 216, 216A, 216B, 216C, 237, 238,
239, and other statutes prior to the date of final enactment of Laws 2001, First Special
Session chapter 4, except in the case where those powers, responsibilities, or duties have
been specifically otherwise assigned by law.

Sec. 7. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change "commissioner of commerce" and "Department
of Commerce" and similar terms, wherever they appear in Minnesota Statutes or
Minnesota Rules, to "commissioner of labor and commerce" and "Department of Labor
and Commerce" respectively.
new text end

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective August 1, 2009.
new text end

ARTICLE 3

CONSUMER PROTECTION

Section 1. new text beginCONSUMER PROTECTION.
new text end

new text begin The responsibilities of the commissioner of commerce under Minnesota Statutes,
chapters 325F and 325G, regarding consumer protection are transferred to the attorney
general.
new text end

Sec. 2. new text beginMORTGAGE FRAUD.
new text end

new text begin The responsibilities of the commissioner of commerce under Minnesota Statutes,
chapter 58, regarding mortgage fraud investigations are transferred to the commissioner of
public safety.
new text end

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end