SF 4072

as introduced - 90th Legislature (2017 - 2018) Posted on 05/08/2018 04:01pm

A bill for an act
relating to environment; establishing Clean Water Council in legislative branch;
repealing existing council; providing appointments; amending Minnesota Statutes
2016, section 114D.15, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 114D; repealing Minnesota Statutes 2016, section 114D.30.

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

Section 1.

Minnesota Statutes 2016, section 114D.15, subdivision 3, is amended to read:

Subd. 3.

Clean Water Council or council.

"Clean Water Council" or "council" means
the Clean Water Council created pursuant to section deleted text begin 114D.30 deleted text end new text begin 114D.31 new text end , subdivision 1.

Sec. 2.

new text begin [114D.31] CLEAN WATER COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; membership. new text end

new text begin (a) The Clean Water Council of 12 members
is created in the legislative branch, consisting of:
new text end

new text begin (1) two public members appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
new text end

new text begin (2) two public members appointed by the speaker of the house;
new text end

new text begin (3) four public members appointed by the governor;
new text end

new text begin (4) two members of the senate, one appointed by the senate majority leader and one
appointed by the senate minority leader; and
new text end

new text begin (5) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the house minority leader.
new text end

new text begin (b) Members appointed under paragraph (a) must not be registered lobbyists. In making
appointments, the governor, senate Subcommittee on Committees of the Committee on
Rules and Administration, and the speaker of the house must consider geographic balance,
gender, age, ethnicity, and varying interests. The governor's appointments to the council
are subject to the advice and consent of the senate.
new text end

new text begin (c) Public members appointed under paragraph (a) must have practical experience or
expertise or demonstrated knowledge in the science, policy, or practice of restoring,
protecting, and enhancing water quality in lakes, rivers, and streams and protecting
groundwater from degradation.
new text end

new text begin (d) Legislative members appointed under paragraph (a) must include the chairs of the
legislative committees with jurisdiction over environment and natural resources finance or
the chairs' designees, one member from the senate minority party, and one member from
the house minority party. Legislative members serve at the pleasure of the appointing
authority.
new text end

new text begin (e) Public members serve four-year terms and are initially appointed according to the
following schedule of terms:
new text end

new text begin (1) two public members appointed by the governor for a term ending the first Monday
in January 2020;
new text end

new text begin (2) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2020;
new text end

new text begin (3) one public member appointed by the speaker of the house for a term ending the first
Monday in January 2020;
new text end

new text begin (4) two public members appointed by the governor for a term ending the first Monday
in January 2022;
new text end

new text begin (5) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2022; and
new text end

new text begin (6) one public member appointed by the speaker of the house for a term ending the first
Monday in January 2022.
new text end

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

new text begin (g) The first meeting of the council must be convened by the chair of the Legislative
Coordinating Commission no later than November 15, 2018. Members must elect a chair,
vice-chair, secretary, and other officers as determined by the council. The chair may convene
meetings as necessary to conduct the duties prescribed by this section.
new text end

new text begin (h) Upon coordination with the Legislative Coordinating Commission, the council may
appoint nonpartisan staff and contract with consultants as necessary to carry out the functions
of the council. Up to two percent of the annual revenue to the clean water fund may be used
to pay for administrative expenses of the council and to compensate and reimburse expenses
of council members.
new text end

new text begin Subd. 2. new text end

new text begin Council recommendations. new text end

new text begin (a) By January 15 of each odd-numbered year,
the council must make recommendations to the legislature on appropriations of money from
the clean water fund and other policies under this chapter that are consistent with the
Minnesota Constitution and state law and that will achieve the outcomes of existing water
plans. The recommendations must include a program for small grants by an application
process through a fiscal agent. Not more than five percent of appropriations in a fiscal year
may be recommended for aquatic invasive species projects.
new text end

new text begin (b) Recommendations of the council, including approval of recommendations for the
clean water fund, require an affirmative vote of at least nine members of the council.
new text end

new text begin (c) The council may work with the Lessard-Sams Outdoor Heritage Council, the
Legislative-Citizen Commission on Minnesota Resources, appropriate state agencies, soil
and water conservation districts, and experts from Minnesota State Colleges and Universities
and the University of Minnesota in developing the council's recommendations.
new text end

new text begin (d) The council must develop and implement a process that ensures that citizens and
potential recipients of funds are included throughout the process, including developing and
finalizing 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.
new text end

new text begin Subd. 3. new text end

new text begin Conflict of interest. new text end

new text begin (a) A council member may not be an advocate for or
against a council 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 council 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 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 is affiliated with an organization
that is subject to council activities that presents the appearance of a conflict between
organizational interests and council 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. 4. new text end

new text begin Open meetings. new text end

new text begin (a) Meetings of the council and other groups the council may
establish are open to the public and subject to chapter 13D. Except where prohibited by
law, the council must establish additional processes to broaden public involvement in all
aspects of its deliberations, including recording meetings, videoconferencing, and publishing
minutes. For purposes of this subdivision, a meeting occurs when a quorum is present and
the members take action on any matter relating to the duties of the council. The quorum
requirement for the council is seven members.
new text end

new text begin (b) For legislative members of the council, enforcement of this subdivision is governed
by section 3.055, subdivision 2. For nonlegislative members of the council, 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 Audit. new text end

new text begin The legislative auditor must audit the clean water fund expenditures,
including administrative and staffing expenditures, to ensure that the money is spent in
compliance with all applicable law and the Minnesota Constitution.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 114D.30, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-7796

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.

Recommendations on appropriation of funds.

(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 TMDL's, 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.