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SF 1876

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; modifying the structure of the Pollution Control
Agency; amending Minnesota Statutes 2006, sections 116.02, subdivisions 1, 4;
116.03, subdivisions 1, 2; repealing Minnesota Statutes 2006, section 116.02,
subdivisions 6, 7, 8, 9, 10.

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

Section 1.

Minnesota Statutes 2006, section 116.02, subdivision 1, is amended to read:


Subdivision 1.

Creation.

A pollution control agency, designated as the Minnesota
Pollution Control Agency, is hereby created. The agency shall consist of deleted text begin the commissioner
and eight
deleted text end new text begin ninenew text end 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.

Sec. 2.

Minnesota Statutes 2006, section 116.02, subdivision 4, is amended to read:


Subd. 4.

Chair.

deleted text begin The commissioner shall serve as chair of the agency.deleted text end The agency
shall elect deleted text begin suchdeleted text end new text begin the chair andnew text end other officers as it deems necessary.new text begin The commissioner
may not serve as a member of the agency.
new text end

Sec. 3.

Minnesota Statutes 2006, section 116.03, subdivision 1, is amended to read:


Subdivision 1.

Office.

(a) The office of commissioner of the Pollution Control
Agency is created and is under the supervision and control of the commissioner, who is
appointed by the governor under the provisions of section 15.06.

new text begin (b) The commissioner must carry out the policies established by the agency and
direct the staff.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end The commissioner may appoint a deputy commissioner and assistant
commissioners who shall be in the unclassified servicenew text begin , but shall be subject to the approval
of the agency
new text end .

deleted text begin (c)deleted text end new text begin (d)new text end The commissioner deleted text begin shalldeleted text end new text begin maynew text end make all decisions on behalf of the agency that
are not required to be made by the agency under section 116.02.

Sec. 4.

Minnesota Statutes 2006, section 116.03, subdivision 2, is amended to read:


Subd. 2.

Organization of office.

The commissioner shall organize the agency and
employ such assistants and other officers, employees and agents as the commissioner may
deem necessary to discharge the functions of the commissioner's office, define the duties
of such officers, employees and agents, and delegate to them any of the commissioner's
powers, duties, and responsibilities, subject to the commissioner's control and under such
conditions as the commissioner may prescribe. The commissioner may also contract with,
and enter into grant agreements with, persons, firms, corporations, the federal government
and any agency or instrumentality thereof, the Water Research Center of the University
of Minnesota or any other instrumentality of such university, for doing any of the work
of the commissioner's office. None of the provisions of chapter 16C, relating to bids,
shall apply to such contracts.new text begin All contracts entered into pursuant to this subdivision shall
be subject to the approval of the agency.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 116.02, subdivisions 6, 7, 8, 9, and 10, new text end new text begin are repealed.
new text end