Minnesota Legislature
SF 1937
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/31/2023 08:12am
Current Version - 1st Engrossment
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A bill for an act
relating to environment; reinstating citizen membership for Pollution Control
Agency; amending Minnesota Statutes 2022, sections 116.02; 116.03, subdivisions
1, 2a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 116.02, is amended to read:
116.02 POLLUTION CONTROL AGENCY; CREATION AND POWERS.
Subdivision 1.
Creation.
A pollution control agency, designated as the Minnesota
Pollution Control Agency, deleted text begin is hereby createddeleted text end new text begin consists of the commissioner and eight members
appointed by the governor, by and with the advice and consent of the senatenew text end .
new text begin Subd. 2a. new text end
new text begin Terms, compensation, removal, vacancies. new text end
new text begin
The membership terms,
compensation, removal of members, and filling of vacancies on the agency is as provided
in section 15.0575.
new text end
new text begin Subd. 3a. new text end
new text begin Membership. new text end
new text begin
(a) The membership of the Pollution Control Agency must 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 may be an
officer or employee of the state or federal government.
new text end
new text begin
(b) The membership of the Pollution Control Agency must reflect the diversity of the
state of Minnesota in terms of race, gender, and geography.
new text end
new text begin
(c) 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.
new text end
new text begin
(d) Membership must include:
new text end
new text begin
(1) at least one enrolled member of one of the 11 federally recognized Tribes in the state;
new text end
new text begin
(2) at least three members who live in environmental justice communities and identify
as American Indian or Alaskan Natives, Black or African American, Hispanic or Latino,
Asian, Pacific Islander, members of a community of color, or low-income. An environmental
justice community means a community with significant representation of communities of
color, low-income communities, or Tribal and Indigenous communities, that experience,
or are at risk of experiencing, higher or more adverse human health or environmental effects;
new text end
new text begin
(3) at least one livestock or crop, or both, farmer with fewer than 200 heads of livestock
or 500 acres of cropland, or both; and
new text end
new text begin
(4) at least one member of a labor union.
new text end
new text begin Subd. 4a. new text end
new text begin Chair. new text end
new text begin
The commissioner serves as chair of the agency. The agency elects
other officers as the agency deems necessary.
new text end
Subd. 5.
Agency successor to commission.
The new text begin Minnesota new text end Pollution Control Agency
is the successor of the Water Pollution Control Commission, and all powers and duties now
vested in or imposed upon said commission by chapter 115, or any act amendatory thereof
or supplementary thereto, are hereby transferred to, imposed upon, and vested in the
commissioner of the new text begin Minnesota new text end Pollution Control Agency.
new text begin Subd. 6a. new text end
new text begin Required decisions. new text end
new text begin
(a) The agency must make final decisions on the following
matters:
new text end
new text begin
(1) a petition for preparing an environmental assessment worksheet, if the project proposer
or a person commenting on the proposal requests that the decision be made by the agency
and the agency requests that it make the decision under subdivision 8a;
new text end
new text begin
(2) the need for an environmental impact statement following preparation of an
environmental assessment worksheet under applicable rules, if:
new text end
new text begin
(i) the agency has received a request for an environmental impact statement;
new text end
new text begin
(ii) the project proposer or a person commenting on the proposal requests that the
declaration be made by the agency and the agency requests that it make the decision under
subdivision 8a; or
new text end
new text begin
(iii) the commissioner is recommending preparation of an environmental impact
statement;
new text end
new text begin
(3) the scope and adequacy of environmental impact statements;
new text end
new text begin
(4) issuing, reissuing, modifying, or revoking a permit;
new text end
new text begin
(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;
new text end
new text begin
(6) approving or denying an application for a variance from an agency rule; and
new text end
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(7) whether to reopen, rescind, or reverse a decision of the agency.
new text end
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(b) In reviewing projects, the board will consider whether there has been free prior and
informed consent via government-to-government consultation with Tribal nations, and the
way a project will impact the ability of communities to exercise rights guaranteed by treaties.
new text end
new text begin Subd. 7a. new text end
new text begin Additional decisions. new text end
new text begin
The commissioner may request that the agency make
additional decisions or provide advice to the commissioner.
new text end
new text begin Subd. 8a. new text end
new text begin Other actions. new text end
new text begin
(a) Any other action not specifically within the authority of
the commissioner must be made by the agency if:
new text end
new text begin
(1) before the commissioner's final decision on the action, one or more members of the
agency notify the commissioner of their request that the decision be made by the agency;
or
new text end
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(2) any person submits a petition to the commissioner requesting that the decision be
made by the agency and the commissioner grants the petition.
new text end
new text begin
(b) If the commissioner denies a petition submitted under paragraph (a), clause (2), the
commissioner must advise the agency and the petitioner of the reasons for the denial.
new text end
new text begin Subd. 9a. new text end
new text begin Providing information. new text end
new text begin
(a) The commissioner must inform interested persons
as appropriate in public notices, and other public documents, of their right to request the
agency to make decisions in specific matters according to subdivision 6a and the right of
agency members to request that decisions be made by the agency according to subdivision
8a.
new text end
new text begin
(b) The commissioner must regularly inform the agency of activities that have broad
policy implications or potential environmental significance and of activities in which the
public has exhibited substantial interest.
new text end
new text begin Subd. 11. new text end
new text begin Changing decisions. new text end
new text begin
(a) The agency must not reopen, rescind, or reverse a
decision of the agency except upon:
new text end
new text begin
(1) the affirmative vote of two-thirds of the agency; or
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(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.
new text end
new text begin
(b) The requirements in paragraph (a) are minimum requirements and do not limit the
agency's authority under sections 14.06 and 116.07, subdivision 3, to adopt rules:
new text end
new text begin
(1) applying the requirement in paragraph (a), clause (1) or (2), to certain decisions of
the agency; or
new text end
new text begin
(2) establishing additional or more stringent requirements for reopening, rescinding, or
reversing decisions of the agency.
new text end
new text begin Subd. 12. new text end
new text begin Conflict of interest. new text end
new text begin
A public member of the Pollution Control Agency must
not participate in the discussion or decision on a matter in which the member or an immediate
family member has a financial interest.
new text end
Sec. 2.
Minnesota Statutes 2022, 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.
(b) The commissioner may appoint a deputy commissioner and assistant commissioners
who deleted text begin shall bedeleted text end new text begin arenew text end in the unclassified service.
(c) The commissioner shall make all decisions on behalf of the agencynew text begin that are not
required to be made by the agency under section 116.02new text end .
Sec. 3.
Minnesota Statutes 2022, section 116.03, subdivision 2a, is amended to read:
Subd. 2a.
Mission; efficiency.
It is part of the agency's mission that within the agency's
resourcesnew text begin ,new text end the commissionernew text begin and the members of the agencynew text end 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 agency as efficiently as possible;
(3) coordinate the agency'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) deleted text begin utilizedeleted text end new text begin usenew text end 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 agency.
Sec. 4. new text begin POLLUTION CONTROL AGENCY PUBLIC MEMBERS; INITIAL
APPOINTMENTS AND TERMS.
new text end
new text begin
The governor must appoint public members of the Pollution Control Agency under
Minnesota Statutes, section 116.02, by August 1, 2023. The governor shall designate two
of the members first appointed to serve a term of one year, two members to serve a term of
two years, two members to serve a term of three years, and two members to serve a term
of four years.
new text end